UVF COLLUSION FILES MUST BE MADE PUBLIC
Murder bids payout cleared by court
POLICE files must be disclosed in a legal action over alleged collusion with a loyalist paramilitary agent suspected of up to 15 murders, a court has ruled.
Senior judges also cleared the way for a substantial payout to a North Belfast man who sued after surviving two UVF attempts on his life. Confirming the level of damages achievable by John Flynn will not be bound by English cases, Mrs Justice Keegan said: “We find it hard to contemplate a more grave subject matter.” Mr Flynn’s lawyers described the Court of Appeal verdict as a huge development in legacy litigation. The 57-year-old issued proceedings against the PSNI over murder bids allegedly carried out by an agent who operated in the city’s Mount Vernon area. In 1992 a gunman tried to shoot him after he was lured to Whiteabbey Hospital on the outskirts of the city. Five years later a second attempt was made to kill him in a car bomb attack. Mr Flynn brought a lawsuit against the Chief Constable for alleged negligence and misfeasance in public office. In 2014 the PSNI admitted his misfeasance claim and accepted he should be paid damages. But the force emphatically denies negligence or having ever employed the covert human intelligence source – identified only in the case as “Informant 1”. The agent is suspected of involvement in 10 to 15 murders, punishment shootings, serious beatings, conspiracy to murder, robbery, hijackings and drug dealing. As part of the case Mr Flynn’s lawyers are continuing to seek access to PSNI documents. They argued the police admission of partial liability was a tactical move to avoid handing over all files on the informant and cover over the full extent of alleged collusion. Last year a High Court judge ordered the handover of 13 categories of police documents. Counsel for the Chief Constable appealed, insisting it was an unnecessary step when Mr Flynn has effectively won the case. But dismissing the appeal, Mrs Justice Keegan, sitting with Lord Justice Gillen, stressed the significant context of the action. She said: “This case relates to alleged activities of informers acting within the structure of the State which resulted in significant harm to persons such as the plaintiff.”
We find it hard to contemplate a more grave subject matter MRS JUSTICE KEEGAN APPEAL COURT YESTERDAY
John Flynn LAWSUIT