Northern Ireland

Inquest into IRA Birmingham pub bombings could redetermine 'guilt or innocence' of Six, coroner told

bomb attacks: The exterior of the Mulberry Bush pub in Birmingham after a bomb exploded in 1974
bomb attacks: The exterior of the Mulberry Bush pub in Birmingham after a bomb exploded in 1974 bomb attacks: The exterior of the Mulberry Bush pub in Birmingham after a bomb exploded in 1974

INDIVIDUALS suspected of planting the Birmingham pub bombings devices could be "named and shamed" in evidence at forthcoming inquests into the victims' deaths.

Hearing legal submissions from the victims' families' lawyers, coroner Peter Thornton QC said: "They can be, as it were, named and shamed in the press without restraint?

Heather Williams QC, the lawyer for the family of Eugene and Desmond Reilly – two brothers killed in the Tavern in the Town blast, made submissions that the inquest should include evidence about any potential perpetrators.

It was also suggested inquest evidence could include what Mr Thornton called "relevant evidence" which led to the conviction of the Birmingham Six.

Mr Thornton asked if it was being suggested that – as part of their factual findings, the inquest jury could determine the "guilt or innocence" of the six – despite their convictions being overturned by the Court of Appeal.

Mr Thornton said: "Is it your reading that the case can be re-heard in these proceedings?

Ms Williams replied: "Yes, there's nothing legally to prevent that."

The coroner then asked her "does that include in your submission, police evidence and the scientific evidence, which formed the basis of their successful appeal?" as she replied that it would.

Mr Thornton asked the barrister: "Jurors could make findings of fact as to guilt or innocence as to Birmingham Six – but simply not name them?"

However, Ms Williams replied: "To be clear, we're not suggesting evidence should be combined to a particular individual."

Yesterday, a pre-inquest review hearing was told that under rules governing inquests, people suggested of criminal liability in evidence cannot be named in any conclusion by the coroner.

However, Mrs Williams suggested the identities could and should still be part of any possible evidence at the hearings, expected to start later this year.

If named in the public hearings, coroner Mr Thornton has powers to make orders banning the reporting of that person's identity.

The hearings, expected to start in September, will explore the circumstances of the deaths of 21 people killed in the IRA bombings of two pubs in 1974.

A botched police investigation into the attacks led to the wrongful convictions of the Birmingham Six – one of the most infamous miscarriages of justice in British legal history.

Lawyers for government agencies, including West Midlands Police, have opposed the inclusion of identifying potential perpetrators, on the basis there is no "significant information" as to who they might be.

Peter Skelton, independent counsel for the coroner, in his submissions said an inquest had a different function to a criminal court.

"Inquests are prohibited from a determination framed in such a way to determine criminal liability on the part of any named person," he said.

Mr Skelton added that it was not an inquest's role to "redo the investigation" into the bombings, and it would be potentially unlawful to carry out a "retrial by proxy" in such a forum.

He said it would also be "unrealistic for anything useful to be gained" from allowing suspects to be identified in the inquest, arguing it would also be "unfair" to those named.

His submissions prompted an outburst from one victim's relative, who shouted: "This is a farce."

The coroner reserved his judgment on the issue, to await further submissions from Northern-Ireland based KRW Law, which is representing 10 families.

Mr Thornton will rule in writing some time before the next pre-inquest review hearing on June 29.