A bartender who survived a fatal loyalist gun attack on a village pub more than 30 years ago is to be awarded £10,000 in damages as a result of the delayed investigation, a High Court judge ruled today.
In what is understood to be the largest award of damages for a delayed investigation in this jurisdiction, Mr McEvoy’s case sets a helpful precedent in holding state agencies to account, when the delay results in a breach of human rights.
John McEvoy was awarded the payout for police delays in carrying out an effective investigation into the shootings at the Thierafurth Inn in Kilcoo, Co Down. One customer, 42-year-old Peter McCormack, was murdered and three others seriously wounded when a UVF gang burst in and opened fire during a darts tournament in November 1992.
Mr McEvoy, who was on duty in the bar that night and suffered post-traumatic stress disorder, challenged the PSNI Chief Constable over an alleged failure to properly examine circumstances surrounding the gun attack. In October last year Mr Justice Humphreys held police were in breach of a legal duty to carry out a human rights-compliant probe within a reasonable time. He found that new material within a watchdog report and a documentary film which named suspects represented plausible evidence of significant state collusion.
Returning to the case today, the judge decided Mr McEvoy should be paid compensation for the identified breach of obligations within the European Convention on Human Rights. Mr Justice Humphreys ruled: “I have concluded that, in addition to the findings in the primary judgment and the declaratory relief which he has obtained, an award of £10,000 damages is necessary in order to afford just satisfaction to the applicant.”
Proceedings centred on information about suspected collusion between members of the security forces and the UVF operating in the south Down area at that time. It followed the publication in 2016 of a Police Ombudsman report into the Loughinisland massacre.
In that attack loyalist gunmen murdered six Catholic men watching a World Cup football match in June 1994. A film on the Loughinisland killings, No Stone Unturned, named suspects and strengthened the case for a fully independent probe, it was contended. One of those referred to in the documentary as Person A was allegedly linked to the Thierafurth Inn attack. Even though the PSNI’s Legacy Investigation Branch (LIB) is to re-examine the circumstances surrounding the Thierafurth Inn shootings, Mr McEvoy’s lawyers claimed there will be an unlawful delay of several years.
The court heard the attack was 542nd in a queue within the LIB’s case sequencing model, with no indication of when it will be considered due to limited resources. Last year, the court held that the new material casts real doubt on the ability of the original RUC investigation to bring those responsible to justice. Although the judge found nothing to suggest the LIB investigation will be ineffective, he pointed out that the new material has been in the public domain for up to six years without prompting any action by the state. Welcoming the award of damages to his client, solicitor Gavin Booth of Phoenix Law said: “This is a clear indication by the court that the PSNI have failed the survivors of the Thierafurth Inn.
“We hope now that an immediate investigation will begin into all the allegations of collusion in south Down.”
Mr Booth added: “We will further be seeking a ring-fenced investigation that will not be halted by any legacy legislation.”
Danielle Cromie
Gavin Booth
Conor Campbell-Brennan
Catherine Logan
Colm Dore
Partner
Gavin Booth
Gavin Booth specialises in Actions against the Police, Public Law and Prison Law. In a short time, he has developed a specialist practice in these areas. He regularly appears in some of the most high-profile actions against the Police cases, prison law and public law challenges in this jurisdiction.
Gavin has developed a specialist practice acting in legacy cases for those victims who have been bereaved or injured arising out of incidents during the conflict.
He is currently involved in some of the most high-profile legacy cases emanating from the period commonly referred to as ‘the troubles,’ including the RUC murder of Colum Marks in April 1991, the murder of Seamus Ludlow in County Louth in 1976, the attack on the Thierafurth Inn Bar in November 1992, and the murders of Dwyane O’Donnell and Thomas Armstrong at Boyle’s Bar in Cappagh in March 1991.
Gavin has appeared in both the Irish Supreme Court and the UK Supreme Court. In the Irish Supreme Court in YY -v- Minister for Justice, concerning the deportation of an ISIS suspect and in theUK Supreme Court in Re Anthony McIntyre [2019] which challenged the lawfulness of the controversial decision by the police to rely on tapes collected from the Boston College project. Gavin has also secured the largest civil settlement in the Boston College cases in this jurisdiction for the claimants.
Gavin holds an LLM Masters in Human Rights Law and Transitional Justice. Gavin co-authored two reports with Doughty Street Chambers in London. The first report was on the Repeal of the Human Rights Acts in Northern Ireland and the second on the effect of Media Concentration in Ireland. Gavin addressed the European Parliament in Brussels on two occasions.
Outside of work Gavin is also a Director of the Newry Charity Davina’s Ark which specialises in addiction and after care.
Actions against the Police & Public Law
- Thierafurth Inn – Collusion in County Down (Re John McEvoy)
In 2016 the then Police Ombudsman Dr. Michael Maguire released his report on Loughinsiand. The report was tasked with looking at issues of Collusion between Loyalist paramilitaries and members of the Security forces including the RUC and UDR. The report ultimately concluded that collusion was a significant feature of the murders. The Report for the first time linked other cases prior to the events at the Heights Bar in Loughinisland including the murder of Jack Kielty in Dundrum, the attempted murder of Peter McCarthy and the attack on the Thierafurth Inn in 1992. Mr John McEvoy challenged the failure of the PSNI to investigate the allegations into his attempted murder at the Thierafurth Inn in 1992 and sought a fresh independent investigation into the not only the events at the Thierafurth Inn, but all the murders associated with this murder gang.
The relevant media footage can be accessed here:
- Agent Provocateur Sandy Lynch and others (R -v- Clinton and Armstrong)
In an out of time appeal, Gavin was instructed by the appellants Clinton and Armstrong in successfully overturning the 30-year-old convictions as a result of the fresh evidence that they were entrapped by a state agent (or a covert human intelligence source) acting as an agent provocateur.
The relevant media footage can be accessed here
- Raymond McCreesh Park (Re Rosaleen Murphy)
The applicant a Newry Pensioner and local resident sought to challenge the decision of Newry, Mourne and Down District Council’s decision to dispose of Raymond McCreesh Park through their D1 Disposal Process without consultation with the local community.
The relevant media footage can be accessed here
- Boston College tapes (Re Anthony McIntyre)
This was a challenge to the Divisional Courts refusal to allow the applicant a right of appeal in Northern Ireland. The Supreme Court heard arguments on whether the Supreme Court has jurisdiction to hear the applicant’s proposed appeal given that the court from which he seeks to appeal declined to certify that a point of law of general public importance was involved in the decision.
The relevant media footage can be accessed here
- Irish Supreme Court in Deportation of ISIS Suspect
In this determination (YY v Minister for Justice & Equality), the Supreme Court granted YY leave for a leapfrog appeal from the High Court decision to allow his deportation to proceed, due to the exceptional circumstances of the case. YY was previously imprisoned for planning terrorist acts—including in Ireland. But, if deported to his home state, he faces the risk of treatment contrary to Article 3 of the European Convention on Human Rights (prohibition of torture).
The relevant media footage can be accessed here
The Judgment can be accessed here
- RUC Murder of IRA volunteer Colum Marks (Re R. Rooney)
In 2016 the then Police Ombudsman History Directorate refused to establish an investigation to the death of Colum Marks in 1991. The Ombudsman claimed he was unable to order a fresh investigation in the absence of new information following a previous review by the RUC at the time. Following media attention in the case a new witness came forward which brought a fresh decision for a new investigation.
The relevant media footage can be accessed here
- Immediate Investigation by PONI into the murder of Colum Marks (Re Roisin Marks)
This matter relates to a Judicial Review application brought by Mrs. Róisin Marks in relation to the delay in investigation by the Police Ombudsman in investigating her son’s death in Downpatrick County Down by the RUC. The Applicant was granted leave to apply for judicial review against the decision of the Police Ombudsman of Northern Ireland (“PONI”) contained in the letter dated 20 July 2017, namely that PONI cannot conduct an investigation into the circumstances of Mr Marks death within a reasonable time scale due to the failure of the Department of Justice (“DOJ”) to provide sufficient funding to PONI. In 2017, Roisin Marks brought a judicial review challenge against the failure of the Police Ombudsman of Northern Ireland (“PONI”) to carry out a timeous investigation into her complaint about the shooting of Colum Marks in Downpatrick in 1991. She also sought to challenge the ongoing failure of the Department of Justice, the Executive Committee, and/or the Secretary of State for Northern Ireland to provide adequate funding to the PONI to enable it to carry out legacy investigations without undue delay.
The relevant media footage can be accessed here
- DOJ failure to fund the Office of Police Ombudsman. (Re Brendan Morgan)
This matter relates to an application brought by Mr Brendan Morgan in relation to the failure of the Police Ombudsman to carry out a timeous investigation into his complaint into his attempted murder and the attack on the Thierafurth Inn Bar, in Kilcoo County Down in 1992. Background2.On 27 March 2019, Mr Morgan brought a judicial review challenge against the failure of the Police Ombudsman of Northern Ireland (“PONI”) to carry out a timeous investigation. He also sought to challenge the ongoing failure of the Department of Justice to provide adequate funding to the PONI to enable it to carry out legacy investigations without undue delay.
The relevant media footage can be accessed here
- Boston College Tapes (Re Anthony McIntyre)
In 2001 Mr. McIntyre became involved in an academic oral history project known as the “Belfast Project” with the tapes becoming known as the Boston College Tapes. On 3 September 2014 the PSNI requested that the PPS issue an ILOR in respect of McIntyre’s tapes. The ILOR was issued on 9 February 2015 through Mutual Legal Assistance under Section 7(5) of the Crime (International Cooperation) Act 2003 seeking access to McIntyre oral tapes. Mr. McIntyre sought to challenge this.
The Judgment can be accessed here
- Further investigation into the murder of Seamus Ludlow (Re Thomas Fox)
This was a challenge to the decision of the Minister for Justice’s ongoing failure or refusal to establish two commissions of investigation pursuant to the Commission of Investigation Act 2004 (“the 2004 Act”) as per the recommendations of the Houses of the Oireachtas and Judge Henry Barron for the further Commissions into the handling of the murder of Seamus Ludlow by An Garda Síochána. In 2020 this matter was brought before the Court of Appeal in Dublin with judgment reserved.
The Judgment can be accessed here
Prison Law
- Licence Conditions to extend to ROI – (Re Gerard McManus (and Keith McConnan)
This was a challenge taken by Mr. McManus from County Donegal and Mr. McConnan from County Louth following their release on licence. Each of the applicants were subject to licence conditions. These conditions required the applicants to reside in United Kingdom during the period of their licence. Both applicants through these proceedings challenged the refusal to permit them to reside in the Republic of Ireland during their conditions.
The Judgment can be accessed here.
- Right for separated Prisoners to use Internet for Education. (Re Brendan McConville)
This was a challenge brought regarding the prison failure to allow the applicant access to computer facilities whilst in custody for the purposes of completing his degree.
The Judgment can be accessed here
The relevant media footage can be accessed here
- Access to the Prison Library (Re Sean McVeigh)
This is a challenge brought against NIPS refusal to allow separated prisoners access to the Prison Library or access to Prison Library books.
- Transfer to separated conditions on safety grounds (Re: Luke O’Neill
The applicant was remanded to Maghaberry Prison on 27 September 2016. Since then he has been seeking admission to the separated landing for Republican prisoners at Roe House. He argues that it is only in these conditions that he will be safe in prison. His transfer to separated conditions was refused by way of a written notice on 26 October 2016. As a result, he sought to challenge this citing safety concerns for the place he was housed.
The Judgment can be accessed here
- Failure to properly investigate death threats (Re Luke O’Neill)
Following the matter being remitted by the Court of Appeal back to the trial judge the applicant sought extensive Discovery against the respondents which showed that there was a death threat against the Applicant in the place he was housed. An offer of £50,000 was placed against the applicant and the Prison became aware of this. The Applicant then sought to challenge this for a finding of a breach of Article 2 of ECHR.
The Judgment can be accessed here The relevant media footage can be accessed here
- Information Sharing between Hospitals and Prisons (Re Michael Larkin).
This is a challenge to the refusal to permit the applicant a period of temporary release to visit his mother in hospital before her death. The Applicant argues that this was in breach of his rights as protected by Article 8 ECHR and was unlawful. The applicant learned in the proceedings that the Trust and the Prison refused to provide the necessary information to allow the correct decision to be made.
Email:gavin@phoenix-law.org
:trt
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