Dominic and Mary McGlinchey's son claims State has failed to properly investigate their killings

Mary McGlinchey, who was also involved with the INLA, was murdered in 1987 at her home in Dundalk

Dominic McGlinchey Snr, who was Chief of Staff of the INLA in the 1980s, was shot dead by two gunmen after making a call from a phone box at Hardman's Gardens in Drogheda, Co. Louth, on February 10, 1994. File picture: Pacemaker

A son of slain INLA man Dominic McGlinchey and his wife Mary has brought High Court actions where he claims the State has failed to properly investigate his parents' murders.

Dominic Og McGlinchey claims that the Irish State has not complied with its constitutional obligations to ensure that effective investigations were carried into his parents' unsolved murders.

Dominic McGlinchey Snr, who was Chief of Staff of the INLA in the 1980s, was shot dead by two gunmen after making a call from a phone box at Hardman's Gardens in Drogheda, Co. Louth, on February 10, 1994. Known as 'Mad Dog', under McGlinchey's leadership the INLA committed several atrocities and murders during the 'Troubles', resulting in the Co. Derry native's imprisonment both North and South of the border.

Mary McGlinchey, who was also involved with the INLA, was murdered on January 31, 1987, in her home in Dundalk, Co. Louth. She was bathing her children at the time, when two balaclava-clad gunmen entered her house. After she pleaded with her attackers not to kill her in front of her young children, they forced her into the bathroom and shot her nine times in the head, neck and chest.

Lines of inquiry

In his action, Dominic Og claims that neither murder was ever properly investigated by the State. He claims that in relation to his father's killing several lines of inquiry that were open to investigations were not followed. He claims that nobody has ever been charged, convicted or arrested in connection with his parents' killings, and no cross-border co-operation in relation to the killings.

These include an allegation that the murder was possibly carried out by Loyalist Billy Wright, who himself was murdered in the Maze Prison by an INLA prisoner who smuggled a gun into the facility 1997. Wright, who was leader of the LVF and known as 'King Rat', is also believed to have been behind a failed attempt to kill the applicant's father in June 1993, two months after he left prison.

Other lines of inquiry allegedly not followed include that McGlinchey Snr was killed because he was investigating an alleged money laundering link between the Loyalist UVF and a corrupt IRA unit in Dublin.

A further line allegedly not followed is that McGlinchey Snr was killed by the IRA or agents of the UK government because it was known he would not abide by the terms of a ceasefire between those parties announced a few months after his murder. He also claims that the gardaí have lost or do not have available the investigation file into the murder of Mary McGlinchey.

In his mother's case, Mr McGlinchey claims that lines of inquiry that were open to the Gardaí were not followed up. These include that his mother was murdered by Loyalist terrorists, in collusion with agents of the British and Northern Irish security forces, due to tensions between those entities and the INLA during the troubles.

He also believes that his mother's killing could also have been related to "a shoot-to-kill policy" he claims the then RUC Special Branch had been engaged in against known Republicans. He also says that the killing could have been linked to in-fighting in the INLA or as revenge for the murders of two men, Eamonn McMahon and Patrick Mackin, by the INLA.

While the matters were re-opened in 2012, and Mr McGlinchey has had meetings with the Gardaí in respect of the investigation, he claims that his requests to be updated on the murder probes have not been replied to in any meaningful way.

Orders sought

As a result, Mr McGlinchey, with an address in Tuam, Co. Galway, has brought two judicial review proceedings against the Commissioner, the Minister for Justice, Ireland and the Attorney General. Represented by Ronan Munroe SC, Mr McGlinchey seeks various orders and declarations in each of his actions.

These include declarations that the respondents have failed to comply with their obligations under the Irish Constitution and the European Convention on Human Rights to ensure that effective investigations into the murders occurs. 

Their son, who is the only surviving member of his family, also seeks orders from the court directing the respondents to perform their duties and conduct proper investigations into the killings. He seeks an order directing the respondents to investigate the reasons behind the loss of the file into the investigation into the murder of Mary McGlinchey.

He further seeks a declaration that the respondents failed to comply with the duty to protect Dominic McGlinchey Snr's life between June 1993, when an attempt was made on his life, to the time of his murder in 1994.

The cases came before Mr Justice Niamh Hyland on Monday. The judge, on an ex-parte basis, granted Mr McGlinchey permission to bring both of his actions against the respondents, and made directions in the case regarding the exchange of legal documents.

The cases will return before the High Court when the new legal year commences in October.