Daily Mirror (Northern Ireland)
Loughinisland ‘collusion’ storm
Ombudsman Nuala O’loan’s devastating report into the Omagh bomb inquiry.
Mr Justice Mccloskey had acted as senior counsel for police officers behind that challenge - who included Mr White
In his 2016 report, Dr Maguire found RUC officers colluded in the UVF gun attack in Loughinisland, Co Down.two gunmen burst into the Heights Bar and opened fire on locals watching the Republic play Italy in USA ‘94.
The joint application for recusal was submitted ahead of him issuing that decision, which was expected yesterday.
Former DPP and counsel for the Ombudsman Barra Mcgrory said a reasoned, independent observer might find it “difficult to accept” the judge’s assertion that he did not recall his involvement in a case related to such a highprofile atrocity as Omagh.
The judge said he was bound by a solemn oath to be rigorously impartial and he challenged lawyers to point him to the “slightest whiff of unconscious bias” in his judgment.
He suggested to Mr Mcgrory that a DPP would be bound by a similar duty to be impartial regardless of who they had represented previously.
The judge also drew the court’s attention to a judgment he had delivered in 2010 where he was highly critical about police conduct.
David Mcmillen QC, representing the retired officers, said the application was “absolutely without foundation”.
He said the judiciary had a proud record of independence.
He added: “A fairminded observer wouldn’t even think for one moment there’s a real possibility of bias in this.”
At the close of oral submissions, Justice Mccloskey said: “It’s not possible for the court to indicate its decision now. I regret that greatly because the families are going to be delayed once again.”
The judge said he would rule on the matter on January 26.
The men who died at Loughinsland were Barney Green, 87, Daniel Mccreanor, 59, Malcolm Jenkinson, 53, Eamon Byrne, 39, Patrick O’hare, 35, and 34-year-old Patrick O’hare.,
Five others were wounded.
HIGH COURT YESTERDAY