Lawyer claims court order on police files ‘hugely significant’
A HIGH Court order for police to disclose files held on a loyalist informer represents a major breakthrough in two legal actions in which it is alleged the state colluded with paramilitary killers, a lawyer has claimed.
Chief Constable George Hamilton has been set a final autumn deadline to produce all relevant documents in a claim brought by John Flynn, a north Belfast man who survived two UVF attempts on his life.
It also emerged that the deadline applies in separate proceedings brought by Michael Monaghan, the son-in-law of murder victim Sean McParland. Mr McParland (55) was shot by a loyalist gang while babysitting Mr Monaghan’s four children at Skegoneill Avenue in Belfast in 1994.
Both men are suing the PSNI for alleged negligence and misfeasance in public office over the suspected involvement of an agent in the terrorist attacks.
On Friday a judge warned he will strike out the police defence to the claims — the first of their kind — unless there is full disclosure by October 1.
Solicitor Claire McKeegan of KRW Law, who acts for both plaintiffs, described the order as “hugely significant”.
She said: “It is galling for clients bereaved by the conflict to face arguments from the state suggesting that insufficient money or lack of resources are the reasons that court orders cannot be complied with in their cases. We are pleased that these arguments were dismissed by the court in this extremely critical judgment.”
The actions centre on alleged collusion with a loyalist agent suspected of up to 15 murders.
Mr Flynn (57) is suing over murder bids allegedly carried out by an agent who operated in the city’s Mount Vernon area.
Mr Flynn’s action was triggered by the findings of Police Ombudsman Nuala O’Loan that some Special Branch officers colluded with loyalist killers. Her Operation Ballast report of 2007, centred on the activities of a UVF gang allegedly led by Mount Vernon man Mark Haddock.
As part of the lawsuit Mr Flynn’s lawyers are continuing to seek access to PSNI documents.
Last year a High Court judge ordered the handover of 13 categories of police documents.
Counsel for the Chief Constable sought more time to provide them. It was claimed it could take years to identify all the files.
But despite accepting the complexity of the process, Mr Justice Stephens ruled that resource implications would not be of the extent suggested.
Extending time for full compliance until the autumn, the judge stressed no further period would be permitted.