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Six men's families compensated for delayed Troubles killings inquests Six men's families compensated for delayed Troubles killings inquests
(about 1 hour later)
The families of six men, killed either by police, troops or loyalist paramilitaries in Northern Ireland, have been awarded £7,500 in damages in a landmark court judgment over delays to their inquests. The families of six men who were killed either by police, troops or loyalist paramilitaries in Northern Ireland have been awarded £7,500 in damages, in a landmark court judgment over delays to their inquests.
The high court in Belfast ruled on Tuesday that the damages were awarded due to the "frustration, distress and anxiety" suffered by the families. The high court in Belfast ruled on Tuesday that the damages were awarded due to the "frustration, distress and anxiety" suffered by the families. Mr Justice Stephens' verdict could now lead to hundreds of other families suing state agencies over legacy issues to do with the Troubles and its aftermath.
Mr Justice Stephens' verdict could now lead to hundreds of other families suing state agencies over legacy issues to do with the Troubles and its aftermath. The judge said the investigation into the death of a close relative affected the next of kin at a fundamental level of human dignity.
The judge said the investigation into the death of a close relative impacts on the next of kin at a fundamental level of human dignity. "It is obvious that if unlawful delays occur in an investigation into the death of a close relative, that this will cause feelings of frustration, distress and anxiety to the next of kin," he said. "It would be remarkable if any applicant was emotionally indifferent as to whether there was a dilatory investigation into the death of their close relative, and such emotional indifference would be entirely inconsistent with an applicant who seeks to obtain relief by way of judicial review proceedings.
He told the court: "It is obvious that if unlawful delays occur in an investigation into the death of a close relative that this will cause feelings of frustration, distress and anxiety to the next of kin. "As a matter of domestic law it would be lamentable if a premium was placed on protestations of misery. At this level of respect for human existence and for the human dignity of the next of kin of those who have died, there should be no call for a parade of personal unhappiness."
"It would be remarkable if any applicant was emotionally indifferent as to whether there was a dilatory investigation into the death of their close relative, and such emotional indifference would be entirely inconsistent with an applicant who seeks to obtain relief by way of judicial review proceedings. He held that all of the applicants, regardless of their age, must have suffered by the unlawful delays that have occurred. Each family was entitled to £7,500 in damages, the judge ruled.
"As a matter of domestic law it would be lamentable if a premium was placed on protestations of misery. Five of the families will receive compensation from the Department of Justice, while the Police Service of Northern Ireland (PSNI) will pay damages to the family of Pearse Jordan, a west Belfast IRA member killed by a police officer 22 years ago.
"At this level of respect for human existence and for the human dignity of the next of kin of those who have died, there should be no call for a parade of personal unhappiness."
He held that all of the applicants, regardless of their age, must have suffered by the unlawful delays that have occurred.
Each family is entitled to £7,500 in damages, the judge ruled. Five of the families will receive compensation from the Department of Justice, while the Police Service of Northern Ireland (PSNI) will pay damages to the family of Pearse Jordan, a west Belfast IRA member killed by a police officer 22 years ago.
The six men are:The six men are:
• Michael Ryan, one of three IRA men ambushed and shot dead by the SAS in Coagh, County Tyrone, in June 1981.• Michael Ryan, one of three IRA men ambushed and shot dead by the SAS in Coagh, County Tyrone, in June 1981.
• Pearse Jordan, an IRA man shot and killed by a Royal Ulster Constabulary officer in Belfast in November 1992.• Pearse Jordan, an IRA man shot and killed by a Royal Ulster Constabulary officer in Belfast in November 1992.
• Catholic man Fergal McCusker, who was kidnapped and shot dead in Maghera, County Londonderry, by loyalist paramilitaries in January 1998. • Catholic man Fergal McCusker, who was kidnapped and shot dead in Maghera, County Derry, by loyalist paramilitaries in January 1998.
• Neil McConville, the first person to be shot and killed by the PSNI following a car chase near Lisburn, County Antrim in April 2003.• Neil McConville, the first person to be shot and killed by the PSNI following a car chase near Lisburn, County Antrim in April 2003.
• James McMenamin, who died after he was knocked down by a PSNI Land Rover on Belfast's Springfield Road in June 2005.• James McMenamin, who died after he was knocked down by a PSNI Land Rover on Belfast's Springfield Road in June 2005.
• Steven Colwell, who was shot dead by police after he failed to stop in a stolen car at a checkpoint in Ballynahinch, County Down, in April 2006.• Steven Colwell, who was shot dead by police after he failed to stop in a stolen car at a checkpoint in Ballynahinch, County Down, in April 2006.
In Pearse Jordan's case it is the second time his family has been awarded damages. In 2001, £10,000 was awarded for a similar delay in proceedings. The judge found that their case was "exceptional" and that a further award of compensation be made. In Jordan's case it is the second time his family has been awarded damages. In 2001, £10,000 was awarded for a similar delay in proceedings. The judge found that their case was "exceptional" and that a further award of compensation be made.
The Jordan family's lawyer, Fearghal Shiels of Madden & Finucane solicitors, said: "This judgment is a damning indictment of the PSNI and its attitude towards families bereaved during the conflict." The Jordan family's lawyer, Fearghal Shiels, of Madden & Finucane solicitors, said: "This judgment is a damning indictment of the PSNI and its attitude towards families bereaved during the conflict."