Northern Ireland

Questions raised about Denis Donaldson as inquest sought into Sean Downes killing

Sean Downes clutches his chest as he is struck by a plastic bullet in July 1984
Sean Downes clutches his chest as he is struck by a plastic bullet in July 1984 Sean Downes clutches his chest as he is struck by a plastic bullet in July 1984

THE family of Sean Downes, who was killed by a plastic bullet almost 35 years ago, has asked Attorney General John Larkin to hold an inquest.

It comes after concerns were raised about the role of republican informer Denis Donaldson in events leading up to the August 1984 killing.

The 22-year-old, who was known as John to his family, died after being struck by a plastic bullet fired by an RUC officer during a republican anti-internment rally in west Belfast.

The killing, which was captured by TV cameras, caused anger in the nationalist community as Mr Downes was unarmed when he was shot in the chest at close range.

In September 1986 RUC reservist Nigel Hegarty was found not guilty of manslaughter.

Denis Donaldson
Denis Donaldson Denis Donaldson

Lawyers acting for Mr Downes's widow Brenda say that two months later a coroner ruled that the evidence necessary to conduct an inquest had been revealed during the trial and there was no merit to holding one.

This decision was upheld at a judicial review in 1988.

It has now emerged that Denis Donaldson, who was found shot dead at a cottage in Co Donegal in April 2006 after being exposed as a spy, chaired the west Belfast rally at which Mr Downes was killed.

A major RUC operation was put in place ahead of the rally in a bid to stop former Noraid publicity director Martin Galvin, who was banned from entering the north, from making an appearance.

Noraid provided support to the families of republican prisoners, although opponents accused it of funding the activities of the IRA.

Trouble flared after Mr Galvin made a fleeting appearance on a platform outside Sinn Féin’s Connolly House in Andersonstown.

This resulted in an RUC arrest team moving forward and in the melee that followed Mr Downes, who was a former republican prisoner, was shot after appearing to run towards police with an object in his hand.

Martin Galvin
Martin Galvin Martin Galvin

In a submission to the Attorney General, lawyers say that Mr Galvin is of the belief that Mr Donaldson “was attempting to set him up for arrest (or worse) at the hands of the RUC” and “he is prepared to submit an affidavit to this effect”.

Legal representatives for the Downes family say that part of their submission to the Attorney General focuses on whether there was prior knowledge of Mr Galvin's attendance and if so, where that information came from.

They add that a court judgment relating to three IRA members killed by the SAS in Gibraltar in 1988 puts a duty on the state at the planning and preparation stage of operations to consider the right to life of those involved.

Solicitor Michael Brentnall, of Brentnall Legal, said the ruling could have a bearing on the Downes case and added there are questions around the involvement of Mr Donaldson.

Sean Downes
Sean Downes Sean Downes

“Considerations around the inadequacy of the RUC’s planning and preparation of the arrest operation on the day take on a new significance when consideration is given to the position of Denis Donaldson as chairman in the anti-internment rally, given his admissions in 2005 that he had been a British spy for over 20 years."

A spokesman for Attorney General John Larkin said: “In accordance with his usual practice, the Attorney General does not normally disclose details of inquest determinations nor applications for such determinations.”