Northern Ireland

Judgment reserved in challenge to Loughinisland ombudsman report

Judgment was reserved in the case
Judgment was reserved in the case Judgment was reserved in the case

THE Police Ombudsman went beyond his legal powers in publishing a report "replete" with determinations that RUC officers colluded with loyalists who massacred six Catholic men, the Court of Appeal heard yesterday.

Counsel for two retired senior policemen claimed the watchdog's damning findings on the Loughinisland atrocity should only have been released if it had recommended prosecutions or disciplinary action against any of those under scrutiny.

Judgment was reserved in the renewed bid by Raymond White and Ronald Hawthorne to have the report quashed.

UVF gunmen opened fire at the Heights Bar in Loughinisland, Co Down as their victims watched a World Cup football match in June 1994.

Adrian Rogan (34) Malcolm Jenkinson, (53), Barney Green (87) Daniel McCreanor (59) Patrick O'Hare (35) and 39-year-old Eamon Byrne were killed in the gun attack.

In June 2016 the Ombudsman, Dr Michael Maguire, said collusion between some officers and the loyalists was a significant feature in the murders.

He found no evidence police had prior knowledge, but identified "catastrophic failings" in the investigation.

Mr White, representing the Northern Ireland Retired Police Officers' Association, and Mr Hawthorne, a former sub-divisional police commander, have been involved in a long-running legal challenge to the published findings.

A first hearing resulted in a ruling in 2017 that the report was procedurally unfair and had failed to make clear it conclusions did not apply to Mr Hawthorne.

At that time the watchdog agreed to remove any references to him to ensure he is not connected to any alleged wrongdoing - a move seen as complete vindication for the former police commander.

A limited re-hearing before a different judge focused only on issues around the extent of the powers to publish the findings.

In November last year a High Court judge rejected the retired officers' case that Dr Maguire had exceeded his legal remit.

Mr White and Mr Hawthorne are now appealing that ruling.

The former policemen's barrister, David McMillen QC, stressed their complete support for the Ombudsman's role in scrutinising and holding officers to account.

He argued, however, that the watchdog lacked the legislative authority to publish such "conclusive findings" in the Loughinisland report.

Asked if he believed the ombudsman's report had concluded police officers may have committed criminal offences, counsel replied: "It was replete with those suggestions."

Barra McGrory QC, for the ombudsman, countered that the legislation allowed him to express an opinion on the alleged collusion.

Following submissions Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Stephens and Deeny, pledged to give judgment on the appeal as soon as possible.