Son of cou­ple shot by UVF wins le­gal bat­tle to chal­lenge ‘fail­ings’ in State in­ves­ti­ga­tion

Belfast Telegraph - - NEWS - BY ALAN ER­WIN

A MAN who be­lieves loy­al­ist paramil­i­taries col­luded with se­cu­rity forces in mur­der­ing his par­ents has won High Court per­mis­sion to chal­lenge al­leged State fail­ures to over­see and fund an ef­fec­tive in­ves­ti­ga­tion.

An­thony Fox was granted leave to seek a ju­di­cial re­view amid claims he has been let down by a dys­func­tional and chron­i­cally un­der-re­sourced sys­tem for prob­ing the killings.

A judge yes­ter­day ruled he has es­tab­lished an ar­guable case in le­gal ac­tion be­ing taken against the North­ern Ire­land Of­fice (NIO), Stor­mont’s Department of Jus­tice (DoJ), the PSNI and Coroner’s Ser­vice.

His par­ents, Catholic cou­ple Charles (63) and Theresa Fox (53), were shot dead by a UVF gang at their home near Moy, Co Ty­rone, in Septem­ber 1992. The ri­fle used in their mur­ders has also been linked to at least eight other as­sas­si­na­tions in the Mid-Ul­ster area.

Lawyers for Mr Fox de­scribed the case as a root and branch chal­lenge to how the sys­tem for in­ves­ti­gat­ing legacy deaths is al- leg­edly fail­ing vic­tims. Dur­ing the hear­ing it was claimed the NIO and DoJ have pro­vided in­ad­e­quate re­sources to in­ves­ti­gate deaths in a prompt, in­de­pen­dent and ef­fec­tive man­ner, as re­quired un­der hu­man rights law.

Probes car­ried out by the PSNI’s His­tor­i­cal En­quiries Team lack suf­fi­cient in­de­pen­dence and have been un­der­mined by a re­liance on out-of-date bal­lis­tic ev­i­dence that has now been dis­cred­ited, ac­cord­ing to Mr Fox’s le­gal team.

Po­lice at the time wrongly iden­ti­fied the weapon used in his par­ents’ killings. The misiden­ti­fi­ca­tion of the Czech-man­u­fac­tured ri­fle only emerged in 2013 dur­ing the in­quest of another sus­pected vic­tim of the same Mid-Ul­ster UVF gang.

Pen­sioner Roseann Mal­lon (76) was shot dead as she watched tele­vi­sion at a house near Dun­gan­non in May, 1994.

The in­quest into her mur­der heard the gun was part of a con­sign­ment brought to North­ern Ire­land by Army agent Brian Nel­son.

In a rul­ing, the judge con­cluded that leave to ap­ply for ju­di­cial re­view should be granted. A date for a full hear­ing may now be fixed next month.

There was a strong po­lice pres­ence near the Cologne sup­port­ers in the Emi­rates

Sta­dium last night

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.