Barrister’s review of McCord murder delayed by ongoing legal challenge

A SENIOR barrister has completed a new assessment of any evidence allegedly implicating former police officers in a loyalist paramilitary murder, the High Court has heard.

Judges were told his opinion has not yet been passed to the Public Prosecution Service (PPS) due to an ongoing legal challenge by the victim’s father.

Tony McGleenan QC confirmed: “The advice is already written and sitting in chambers in London.”

The development came as Raymond McCord sought a judicial review over the PPS decision not to bring charges against the ex-officers.

His 22-year-old son, Raymond McCord Jnr, was beaten to death before his body was dumped in a quarry just outside north Belfast in November 1997.

The killing was at the centre of an explosive report by former Police Ombudsman Nuala O’Loan which found collusion between a UVF gang and their Special Branch handlers.

Earlier this year Gary Haggarty, a former commander of the terror unit who turned supergrass, was jailed after confessing to hundreds of paramilitary offences.

His catalogue of crime extended over 16 years, from 1991 to 2007, and included five murders — but not that of Mr McCord Jnr.

The 46-year-old pleaded guilty

Raymond McCord Jnr and (right) former loyalist paramilitary Gary Haggarty who turned supergrass

as part of a controversial state deal which offered a reduced sentence in return for providing evidence on other terror suspects. As a consequence his prison term was slashed from 35 to six-and-a-half years due to the assistance provided to police.

Under the terms of the agreement he supplied information on scores of loyalist killings and attempted murders. Despite Haggarty implicating 16 people in serious crimes, only one man currently faces prosecution for murder using his evidence.

Former Director of Public Prosecutions Barra McGrory announced last year that his uncorroborated claims were insufficient to prove allegations made against the other suspects.

Mr McCord is challenging the PPS over the decision not to bring charges against former police officers implicated in the alleged failure to prevent his son’s murder.

His lawyers claim the position was unlawful, unfair and “deprecated” the weight which could be given to Haggarty’s evidence and his general credibility.

Despite the PPS commencing a review of its decision, the challenge to those involved in that process has continued.

Counsel for Mr McCord said it will be based on the opinion of the same barrister who previously advised not to prosecute in Haggarty-related cases, amounting to a “box-ticking exercise” and leading to the same inevitable outcome.

Ronan Lavery QC told the court: “It makes the whole process a nonsense. There’s an apparent bias and infection in the system.”

Calling for fresh personnel to carry out the review, he added: “When looking at issues of state collusion, the state should go out of its way to make sure the re- view is transparent and it simply isn’t rehashing old advice.”

But Mr McGleenan, for the PPS, countered that a prosecution is to proceed in another Haggarty-related case based on analysis from the same barrister.

“This is very eminent criminal silk from London who has advised on a number of high-profile cases,” he stressed.

Claiming the challenge should be dismissed, Mr McGleenan argued: “A fully informed observer would not reach the conclusion that it was inappropriate to use the same barrister to give advice in a similar case when similar material was being considered.”

Reserving judgment, Lord Justice Treacy said a decision would be given at a later stage.

Outside court, Mr McCord claimed the evidence used for Haggarty’s own convictions should be enough to bring charges against the former officers.

He asked: “Is it the case now where you can prosecute terrorists but you can’t prosecute police officers?”