Family of murder victim win the right to battle refusal of inquest

THE family of a man beaten to death with his friend have won High Court permission to challenge a decision not to hold an inquest into their murders.

Relatives of Finbarr McGrillen want a tribunal to examine the double killing, which was the focus of a watchdog report highlighting police failures in handling one of the perpetrators.

A judge gave leave to seek a judicial review amid claims a coroner’s refusal to hold an inquest breaches their human rights.

Mr McGrillen (42) and Caron Smyth (40) were attacked at an apartment in Ravenhill Court, east Belfast, in December 2013. They had fractured ribs, damaged organs, and head, neck and chest wounds consistent with being punched, kicked and stamped on.

Two men pleaded guilty to the murders, including Ms Smyth’s violent ex-boyfriend Sean Hegarty. Hegarty (38), who had more than 70 previous convictions, was arrested days before the killings for allegedly assaulting Ms Smyth. She told police he imprisoned her, hit her with a met-

Murder victims Caron Smyth and Finbarr McGrillen, and (right) the scene of their 2013 killings, an apartment at Ravenhill Court

al bar and threatened to kill her. Despite officers concluding she was at risk of serious harm and detaining Hegarty, he was released from police custody.

Three days later he carried out the murders with 37-year-old accomplice Ciaran Nugent. Both received life sentences. In September last year a Police Ombudsman report listed a catalogue of flaws in how the PSNI handled Hegarty. He had been released on police bail after PSNI

officers, without proper authorisation, allowed him to change the address where he could live.

Those living arrangements did not have an electricity supply needed for an electronic tag supposed to monitor his movements.

Six officers were disciplined following the report, while another has since resigned due to an unrelated matter.

The McGrillen family, represented by Harte Coyle Collins solicitors, launched judicial review

proceedings after a coroner concluded there was no requirement to hold an inquest following the Police Ombudsman’s probe.

They claim that decision breaches the State’s investigative obligations under human rights legislation. It is understood that relatives of Ms Smyth have commenced similar proceedings.

The relatives believe an inquest is needed to publicly scrutinise and expose all the circumstances around the murders.

Ruling on the McGrillen family’s application, Mr Justice McCloskey said that the challenge had passed the legal test of establishing an arguable case.

“I grant leave to apply for judicial review on the central ground — namely that the coroner’s decision is incompatible with the procedural requirements of Article 2 of the Human Rights Convention.”

A full hearing is now expected to take place in January.