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Loughinisland case to be heard before new judge Loughinisland case to be heard before new judge
(35 minutes later)
A legal challenge to a Police Ombudsman's ruling of collusion in the Loughinisland killings will be reheard before a new judge.A legal challenge to a Police Ombudsman's ruling of collusion in the Loughinisland killings will be reheard before a new judge.
Six Catholic men were shot dead as they watched a World Cup match in the County Down village in 1994.Six Catholic men were shot dead as they watched a World Cup match in the County Down village in 1994.
The move was announced by Mr Justice McCloskey, who had previously ruled that the Police Ombudsman's finding of collusion was "unsustainable in law".The move was announced by Mr Justice McCloskey, who had previously ruled that the Police Ombudsman's finding of collusion was "unsustainable in law".
Lawyers for the ombudsman and victims' families had asked him to withdraw.Lawyers for the ombudsman and victims' families had asked him to withdraw.
They argued there was a potential public perception of bias as he had previously been involved in a similar case against the Ombudsman's office.They argued there was a potential public perception of bias as he had previously been involved in a similar case against the Ombudsman's office.
On Friday, Mr Justice McCloskey said the legal test for him to step aside had not been satisfied but that he would step aside anyway.On Friday, Mr Justice McCloskey said the legal test for him to step aside had not been satisfied but that he would step aside anyway.
He said that the families of those killed at Loughinisland had "become engulfed in a maelstrom" of a legal system that has been "far from straightforward". Emma Rogan, whose father Adrian was one of the six men killed, said she welcomed the announcement of a fresh hearing into the case.
The families' solicitor, Niall Murphy, described it as "the most unprecedented" outcome to a judicial review he had ever seen.
In his ruling, Mr Justice McCloskey said that the families of those killed at Loughinisland had "become engulfed in a maelstrom" of a legal system that has been "far from straightforward".
The judge said that "our legal system will not have served the families well if they are not given the opportunity of having this case heard by a differently constituted court".The judge said that "our legal system will not have served the families well if they are not given the opportunity of having this case heard by a differently constituted court".
He added that "in the truly unique and unprecedented circumstances of this case, the interests of justice will not be furthered by a formal and final outcome" to his ruling over the Police Ombudsman's report in December.
The men who died were Adrian Rogan, 34, Malcolm Jenkinson, 53, Barney Green, 87, Daniel McCreanor 59, Patrick O'Hare, 35, and Eamon Byrne, 39. Five others were wounded.The men who died were Adrian Rogan, 34, Malcolm Jenkinson, 53, Barney Green, 87, Daniel McCreanor 59, Patrick O'Hare, 35, and Eamon Byrne, 39. Five others were wounded.
Loyalist gunmen burst into the Heights Bar and opened fire on 18 June 1994 as they were watching the Republic of Ireland play Italy in the World Cup.Loyalist gunmen burst into the Heights Bar and opened fire on 18 June 1994 as they were watching the Republic of Ireland play Italy in the World Cup.
No-one has ever been convicted over the attack.No-one has ever been convicted over the attack.
In June 2016, the police ombudsman found there had been collusion between some police officers and the UVF gunmen.
Two police officers challenged the legal basis of the report and Mr Justice McCloskey found in their favour in December.
Mr Justice McCloskey was due to announce if he would quash part or all of the report's findings last week but instead announced he would decide whether or not to step aside over a possible perception of bias.
In 2001, when he was a barrister, Bernard McCloskey QC, was involved in an unsuccessful challenge to a report by former Ombudsman Nuala O'Loan which found there had been failings by the RUC during the investigation into the 1998 Omagh bombing.