A POLICE watchdog is to examine the RUC killing of an IRA man 25 years ago, lawyers disclosed yesterday.
Relatives of Colum Marks ended their High Court challenge after learning the Police Ombudsman is to launch an investigation amid claims of a shoot-to-kill policy.
Barrister Sean Devine said the move follows the emergence of a new eye-witness.
Marks (29) was fatally wounded when police opened fire during an attempted mortar attack on security forces in Downpatrick, Co Down in April 1991.
His family and legal representatives claimed the RUC was aware of the IRA operation more than eight hours before the shooting.
With this prior knowledge officers should have been able to arrest Marks, they contend.
Legal action was taken in a bid to compel the Police Ombudsman to investigate the shooting.
At a previous hearing counsel for the family claimed there was material to suggest a state agent was involved.
They were seeking to judicially review regulations governing the watchdog which preventing it from probing a case where there has already been a police investigation.
But in court yesterday Mr Devine confirmed the challenge was no longer necessary due to the ombudsman's decision to investigate.
He added that fresh evidence from a new eye-witness represented a significant development.
On that basis the judge agreed to end the proceedings.
Legal representative Gavin Booth, who acts for the Marks family, welcomed the ombudsman investigation.
"In light of the new evidence it is now abundantly clear this is a shoot to kill operation by the RUC," he said.
"A number of questions still remain unanswered in relation to Colum's death."
South Down Sinn Féin MLA Chris Hazzard also welcomed the development.
"This is welcome news for Colum's family, friends and the wider community here in Downpatrick," he said.
"I hope this investigation will help get to the truth of what happened and I call on the RUC officers involved in Colum's killing to cooperate fully with the Ombudsman's investigation.
