In an unprecedented move, the United Nations have been designated a ‘properly interested person’ in the Private Sean Rooney Inquest in Dublin before the Senior Coroner.
A full report of the hearing is available on RTÉ, The Independent and Breaking News.
An inquest into the death of Private Seán Rooney after his convoy came under fire in south Lebanon should address the “noxious narrative” that he had taken a wrong turn before the fatal incident, a lawyer for the soldier’s family has claimed.
Pte Rooney and several colleagues were just a short distance from the main highway into Beirut when their vehicle was fired on near the southern Lebanese village of Al-Aqbiya on 14 December 2022.
The 24-year-old from Newtowncunningham, Co Donegal was killed while driving an armoured jeep.
At a brief sitting of Dublin District Coroner’s Court, solicitor for Pte Rooney’s family, Darragh Mackin, questioned how a 24-year-old with no United Nations driving licence had been allowed to be 13km to 16km from his convoy on a route not taken before.
Mr Mackin said the issue was not “about blame but learning lessons”.
He claimed the “elephant in the room” was that the UN had conducted significant investigations into the fatal incident but the inquest heard there were potential restrictions on their availability to the coroner.
Mr Mackin said it was important for the inquest as well as Pte Rooney’s family to get answers about “the tragic loss of life”.
He said the soldier’s family took great comfort from the fact that the coroner, Myra Cullinane, intended to contact the UN about their investigations into his death.
Mr Mackin claimed the decision represented “the first stop on the road for truth”.
Answers must be provided about questions on the efficiency and effectiveness of the operation, Mr Mackin said and he called on the UN to cooperate with the investigation being conducted by the coroner.
He said there were also questions about the vehicles that were being used.
Mr Mackin said lessons must be learned from Pte Rooney’s death by the “international community”, as well as the Defence Forces.
He expressed hope that the investigation would be “rigorous and forensic” and said Pte Rooney was not only a hero to his family, but the soldiers he saved and Ireland.
Mr Mackin welcomed the expeditious manner in which an inquest was being held by Dr Cullinane.
He also thanked the Defence Forces for the manner in which they had paid tribute to Pte Rooney’s memory and how they were regarded as his second family.
Opening the hearing, Dr Cullinane said Pte Rooney’s death was “a very complex situation” because it occurred during UN peacekeeping duties in Lebanon.
The coroner said novel issues arose in the case and she sought advice from counsel for the Defence Forces and the Department of Defence, Remy Farrell SC, on how the UN should be contacted to assist her inquiry.
Mr Farrell said UNIFIL had carried out an initial “on the ground” report into Pte Rooney’s death to which the soldier’s family would be entitled to a redacted version.
He confirmed that a separate confidential report by a UN board of inquiry had not been seen by Pte Rooney’s relatives.
The inquest heard there was uncertainty about whether that report could be made available to a public inquiry like an inquest.
Dr Cullinane said gardaí had also carried out a significant investigation into the tragic event as part of the inquest.
Addressing Pte Rooney’s mother, Natasha McCloskey, who attended the inquest, Dr Cullinane said her son was at the centre of her mind at all times and the coroner offered her condolences “on the loss of your wonderful son”.
She adjourned the inquest for further mention to 20 September.
Our Darragh Mackin acts for Private Sean Rooney’s family.
Darragh Mackin
DirectorDarragh Mackin has been described as ‘a rising star on the international legal scene’ (Irish Times) and a ‘Champion of the Cause’ (The Parchment). In July 2016, Darragh was the first ever Ireland based Lawyer to be nominated, and in turn to win, an award at the prestigious London Legal Aid Lawyer of the Year Awards.
He has developed a specialist practice in Human Rights, Public Law, Litigation and International law. He has appeared in some of the most complex Inquests and Inquiries in Ireland, including acting for 47 of the families in the Stardust Inquest, in which a verdict of Unlawful Killing was returned. In addition, he appeared in the Ballymurphy Inquest, for the victims of Bill Kenneally in the child abuse public inquiry, the family of Morgan Barnard who died in the Greenville Hotel disaster, and for the family of Private Sean Rooney in the ongoing inquest.
He regularly advises individuals and companies both domestically and internationally, with a particular specialism in data protection and privacy. Darragh recently advises on reputation management and the challenges emanating from the misuse of social media, GDPR, and an individual’s ‘right to be forgotten’ online.
He has acted in cases at all levels including in the Supreme Courts in London and Dublin, The European Court of Human Rights, the African Commission on Human Rights and the United Nations Special Procedures. He has acted for both individuals, companies and some of the most well known non-governmental organisations including Amnesty International, the Association of Personal Injury Lawyers, and Extinction Rebellion. He has been instructed and advised on cases all around the World, including the USA, Spain, France, Sri Lanka, Malawi and the Cayman Islands. He also appears on behalf of a number of Basque prisoners currently pending consideration by the European Court of Human Rights.
Darragh has also successful secured some of the largest settlements in the jurisdiction including the payment of £16.7million to NI Taxi Drivers arising of the NI Covid Pandemic and €24million to the families of the Stardust fire. He is currently retained in a high value claim on behalf of a Chinese based company initiating action in Belfast, and in a multi million euro claim arising out of insurance contracts to hoteliers during the covid pandemic.
In addition to practice, Darragh is an associate lecturer of Public Law at the University of Ulster and has delivered a number of guest lectures at Cambridge University, Trinity University, Queens University Belfast, and DCU.
NOTABLE CASES
HUMAN RIGHTS & PUBLIC LAW
Sarah Ewart & Amnesty International (The Abortion Litigation)
Darragh has appeared in many of the seminal human rights cases in recent times in Ireland. He acted for Sarah Ewart and Amnesty International to which saw the law changed in respect of abortion in Northern Ireland. Darragh was also labelled The Times ‘Lawyer of the Week’ for his work on this case.
The Hooded Men (Ireland v UK)
Darragh was instructed by a number of the Hooded Men in the application for revision of the Ireland v United Kingdom 1978 decision by the European Court of Human Rights on torture. In addition, Darragh acted in the landmark judicial review challenge Re Francis McGuigan to which the Supreme Court determined that the decision not to investigate was unlawful. Following this decision, the Chief Constable formally apologised to the Hooded Men.
The relevant media footage can be accessed here: CNN, RTE, BBC, and the Journal.
Aidan McAnespie
Darragh is instructed by the family of Aidan McAnespie who was murdered as a result of a shot fired from a British army sanger in 1988. On June 2018, on foot of an application lodged on behalf of the family, a decision was taken to prosecute David Holden for the killing. In February 2023, this resulted in the first prosecution of a British Soldier post the Good Friday Agreement.
The relevant media footage can be accessed here and here.
The Judgment can be accessed here:
The Glenanne Series (Re Edward Barnard & Others)
The Glenanne Gang were responsible for more than 120 murders between the years 1972 – 1978 in the area commonly referred to as ‘the murder triangle’. Darragh initiated Judicial Review Proceedings against the Chief Constable of the PSNI for the failure to conduct an overarching investigation into the allegations of state collusion arising out of the Glenanne Gang murders. In the seminal case of Re Edward Barnard, the Court of Appeal ruled that it was unlawful not to investigate the evidence of state collusion. As a result, the independent police team Operation Kenova headed by Jon Boutcher has now been appointed to investigate the state collusion in the 120 murders.
The relevant media footage can be accessed here.
Loughgall (Re Brigid Hughes)
Instructed by the Loughgall Truth & Justice Campaign and the families bereaved as a result of the shootings at Loughgall on 8th May 1987. Darragh was instructed before the High Court and Court of Appeal in respect of a decision taken by the Secretary of State that the decision to grant an Inquest into Loughgall was ‘National Security Sensitive’. In September 2015, the Advocate General announced that a fresh inquest was to be held into the fatal shootings at Loughgall. As a result of a political stalemate, the necessary funding for the legacy inquest system was withheld. In an unprecedented decision the Court ruled that the then former first Minister Arlene Foster MLA had acted unlawfully in failing to release the funding and quashed the decision. After initiating contempt of Court proceedings, the necessary funding was released to the Coronial Service for Legacy Inquests.
The relevant media footage can be accessed here:
Fergal McFerran – The Brexit Case (‘The Peoples Challenge’ – Gina Miller No.1)
In 2016, Gina Miller initiated legal action challenging whether the Royal Prerogative can override or undo Acts of Parliament. The challenge arose out of the controversial use of the prerogative to execute Brexit, and to leave the EU. A group of individuals including two British citizens living in France, a Gibraltarian national, a Welsh citizen and Fergal McFerran, president of NUS-USI formed the ‘peoples challenge’. Darragh was instructed by Fergal McFerran. The Supreme Court held by a majority, that the UK Government could not initiate withdrawal from the European Union without an act of parliament. This lase has been dubbed by legal commentators as one of the most significant constitutional cases of the decade.
The relevant media footage can be viewed here and here.
The Covid 19 Schools Challenge (Re JR105)
Darragh was instructed by the parent of a child who was forced to attend school during the initial phases of the Coronavirus (or Covid 19) pandemic. It was argued that the child suffered underlying health conditions and therefore any attendance at school would have put her life at risk. The respondents confirmed that the child no longer had to attend school, and a decision was subsequently issued by the Minister of Education to close all schools in light of covid-19.
The case was widely reported in the media. The footage can be viewed here, here and here.
Legacy Pensions (Re Brian Turley [2020])
Darragh acted for the applicant in the landmark challenge to the Executive Office and Secretary of State over their failure to implement and fund the Legacy Victims Pension. The Court of Appeal ruled that the Executive Office was under a legal duty to fund the Legacy pensions scheme.
The relevant media footage can be accessed here and here.
INTERNATIONAL
Ibrahim Halawa
Darragh acted for the Irish Teenager, Ibrahim Halawa, who was detained whilst on holiday in Cairo, Egypt. Ibrahim was held in detention in excess of 3 years awaiting trial and faced the death penalty had he been convicted. Darragh acted for Ibrahim in seeking his return to Ireland, making submissions before the EU Parliament, the African Commission on Human Rights and the United Nations. In October 2017 Ibrahim Halawa was acquitted of all charges before the Egyptian Courts and repatriated to Ireland.
Media coverage of the UN Intervention is available here.
The relevant media footage can be accessed here and here
Lisa Smith
Lisa Smith was a former Irish army soldier who travelled to Syria, and was eventually detained by the Turkish authorities as a suspected ISIS fighter. Darragh acted for Lisa in successfully securing her and her daughter’s repatriation to Ireland. The UN Special Rapporteur on Human Rights & Counter Terrorism intervened in Lisa’s case. Lisa was the first alleged ISIS bride ever to be returned to Ireland.
The relevant media footage can be accessed here and here
Lisa Smith was Darragh was instructed by Lisa and her family in seeking her repatriation to Ireland. On foot of published concerns by the United Nations, In December 2019 Lisa and her two-year-old daughter were repatriated to Ireland.
Carles Puigdemont
In 2018 Darragh was one of the lawyers who travelled to Brussels to meet the then president of Catalonia, Carles Puigdemont and provided advice and assistance in respect of his ongoing bid against the extradition proceedings issued by the state of Spain.
The Tamil Litigation v PSNI
Darragh acted in a ground-breaking case in which a Tamil widow against the PSNI as the successor to the RUC for damages as a result of the murder of 10 of her relatives who were massacred by Sri Lankan’s Police in 1986. The basis of the case arose out of documents uncovered which demonstrated that the RUC had played a role in the training of ‘the Special Task Force’ in Sri Lanka.
The relevant media footage can be viewed here and here. The Tamil Guardian also covered the story here.
In addition, Darragh acts for Mr Jeyasundaram, a teacher, who was convicted in Sri Lanka for involvement with the Tamil Tigers. He challenges the safety of the conviction on the premise that the confession was obtained by torture, and that the trial process lacked the relevant safeguards required under international law. The relevant media footage can be accessed here.
Keyu & Others v Secretary of State for Foreign and Commonwealth Affairs & Another UKSC 2014/0203
This case is more commonly known as the Batang Kali Massacre case. Darragh acted for the interveners the Pat Finucane Centre & Rights Watch UK, two Non-Governmental Organisations whom are directly involved in ensuring human rights compliance in respect of the legacy of the past. Both interveners sought to make representations to the Court in respect of the applicability of Article 2 of the European Convention on Human Rights (the right to life) and its application in the context of ‘the troubles’. The Attorney General for Northern Ireland also intervened in this case.
Media coverage of this case is available here.
MEDIA, DEFAMATION AND DATA PROTECTION
Phil Miller v PSNI (2020)
Darragh acts for the renowned investigative journalist Phil Miller in an appeal against the Information Commissioner to uphold the refusal by the Police Service of Northern Ireland (“PSNI”) to publish a report authored by Jack Morton from 1973, relating to MI5 and the structure of the RUC.
Re Fine Point Films(2019)
Darragh acted for the International media organisations, Index on Censorship and the English PEN in their role in the successful judicial review challenge to a search warrant imposed on two investigative journalists in Northern Ireland.
OH v Google LLP (2019)
Darragh acted for the Plaintiff in one of the first ‘right to be forgotten’ on foot of the Google Spain ruling. Google conceded and took steps to remove all images and webpages that appeared in respect of our client relating to a previous criminal trial they were involved.
Facebook Moderators
Darragh was recently instructed to act for a number of individuals in their quest for greater protections for those who are tasked with removing harmful content from Facebook and other social media platforms. He is now instructed in an International Claim seeking compensation for those victims.
Email:darragh@phoenix-law.org
