Police and soldiers to lose inquest exemptions

Police and soldiers involved in fatal shootings in Northern Ireland are to lose their exemption from giving evidence at inquests, it emerged today.

A high court judge in Belfast said practices are to be amended to order security force members’ full co-operation.

The imminent change to the law was revealed during an application for a judicial review by the father of Pearse Jordan, an unarmed IRA man shot dead by the RUC in the city more than nine years ago.

Although an inquest into the November 1992 shooting has been constantly delayed, Mr Justice Kerr told the court that officers involved will be called to give evidence.

He said: ‘‘The abolition of the immunity from compellability of witnesses such as Sergeant A is imminent and should be in place before the inquest is held.’’

At present security force members in Northern Ireland do not have to give evidence in a series of controversial shootings.

In May last year a European Court awarded the families of 10 IRA men - including Jordan - who were shot dead by police and army £10,000 each in compensation after ruling their human rights had been violated.

It was held there had not been a proper and full investigation into their deaths.

Amid accusations that the IRA men’s deaths had not been properly investigated, the British government decided to introduce legislation to change the law in Northern Ireland and bring it in line with the rest of Europe.

This meant anyone regarded as a material witness to a killing should be compelled to give evidence.

In today’s judgment Mr Justice Kerr said the Lord Chancellor will be introducing changes to the coroners’ rules removing the exemption from compellability following a special British government meeting.

‘‘The next meeting of the Committee of Ministers is scheduled for early to mid-February and that the amendment of Rule 9 (2) is expected to take place shortly after,’’ he said.

Sinn Fein claimed the ruling struck a blow against what they called obstruction tactics used by police and troops.

The party’s West Belfast Assemblyman Alex Maskey said: ‘‘The days of those members of the RUC, the British Army or indeed the PSNI (Police Service of Northern Ireland) involved in the murder of citizens being allowed to hide behind this exemption law and disrupt the search for truth should now be coming to an end.’’

Mr Justice Kerr made the announcement as he dismissed an application for a judicial review to consider if an inquest jury should have the power to return a verdict of unlawful killing.

Hugh Jordan was challenging the alleged failure of the Lord Chancellor to introduce legislation ensuring Northern Ireland’s inquest system complies with Article 2 of the European Convention of Human Rights safeguarding the right to life.

But the judge ruled: ‘‘Giving the jury the right to return a verdict of unlawful killing does not fill the gap that exists.

‘‘It is filled by ensuring that the DPP is required to consider the possibility of launching a prosecution of the criminal offences identified in the course of the inquest and to explain the reasons for a decision not to prosecute.’’

Meanwhile, several families in Derry who lost relatives in controversial killings have challenged the DPP to comply with a European Court ruling that reasons should be given when no prosecutions are undertaken.

Minty Thompson, whose mother Kathleen was shot dead in the city by British soldiers shortly before Bloody Sunday in 1972, accused the DPP of showing contempt for both the bereaved and the court.

‘‘For 30 years we were ignored by the authorities,’’ she said. ‘‘Those days are over. We will see them in court.’’