Northern Ireland

Family of murder victim Finbarr McGrillen wins leave to challenge decision not to hold inquest

The bodies of Caron Smyth and Finbarr McGrillen were found in Mr McGrillen's apartment at Ravenhill Court
The bodies of Caron Smyth and Finbarr McGrillen were found in Mr McGrillen's apartment at Ravenhill Court The bodies of Caron Smyth and Finbarr McGrillen were found in Mr McGrillen's apartment at Ravenhill Court

The family of a man beaten to death along with his friend have won High Court permission to challenge a decision not to hold an inquest into their murders.

Relatives of Finbarr McGrillen want an inquest to examine the double killing which was the focus of a damning Police Ombudsman report.

A judge yesterday granted leave to seek a judicial review amid claims a coroner's refusal to hold an inquest breaches their human rights.

Mr McGrillen (42) and 40-year-old Caron Smyth were killed at an apartment in Ravenhill Court in south Belfast in December 2013.

Two men subsequently pleaded guilty to the murders - including Ms Smyth's violent ex-boyfriend Sean Hegarty.

Hegarty (38), who had a more than 70 previous convictions, was arrested days before the killings for allegedly assaulting Ms Smyth.

She told police he had imprisoned her, hit her with a metal bar and threatened to kill her.

Despite officers concluding she was at risk of serious harm and detaining Hegarty, he was subsequently released from police custody.

Three days later, he murdered Mr McGrillen and Ms Smyth along with his 37-year-old accomplice Ciaran Nugent.

Both men received life sentences.

In September last year, a Police Ombudsman report listed several flaws in how the PSNI handled Hegarty.

Six police officers were disciplined, while another later resigned due to an unrelated matter.

The McGrillen family launched judicial review proceedings after a coroner concluded there was no requirement to hold an inquest following the Police Ombudsman's probe.

The family claim that decision is in breach of the state's obligations under human rights legislation.

It is understood that Ms Smyth's relatives have also begun legal proceedings.

Mr Justice McCloskey gave the family leave to apply for a judicial review on the grounds that the coroner's decision was incompatible with the Human Rights Convention.

A full hearing is now expected to take place in January.