Northern Ireland

High Court hears legal action over fatal shooting of IRA man by British soldiers will be completed before any 'thwarting' by Troubles amnesty plans

The High Court in Belfast
The High Court in Belfast The High Court in Belfast

LEGAL action over the fatal shooting of an IRA man by British soldiers will be completed before any "thwarting" by Troubles amnesty plans, the High Court has heard.

Concerns were raised that the UK government's legacy proposals could halt a claim against the Ministry of Defence (MoD) for the killing of Stan Carberry in west Belfast nearly 50 years ago.

A senior barrister said one source has informed him legislation on a potential ending of Troubles-related prosecutions, inquests and civil actions could be passed as early as November.

"The primary concern is to ensure they (Mr Carberry's family) get a conclusion to this case, and they are not thwarted in that effort," FrankO'Donoghue QC said.

But a judge hearing the lawsuit stressed no such time-frame was mentioned when Lord Chancellor and Justice Secretary Robert Buckland were in Belfast this week for the opening of the new legal year.

Mr Justice McAlinden stressed: "I don't know what the legislative time-scale is, but I can't envisage a time whereby retrospective legislation is enacted before (the case) concludes".

Mr Carberry (34) died on the Falls Road in 1972 when an Army patrol opened fire on the hijacked car he was in.

Soldiers told an inquest they had been shot at from the passenger side of the Vauxhall Viva, but others claim the republican was in the driver's seat and killed as he tried to surrender.

A second, unidentified, IRA man got out of the car and escaped.

The dead man's son, Stan Carberry Jr, is suing the MoD for the alleged unjustified use of lethal force.

At a review hearing today the court heard three soldiers present at the incident had been identified and although one had died, threat assessments are being carried out as part of steps to establish if the other two are willing to give evidence.

Currently granted anonymity, the former servicemen may also seek special measures to ensure their identities are protected in the courtroom.

Adjourning the case for six weeks, Mr Justice McAlinden expressed his aim to deal with the issues this year.

"The overall interest is to get to the truth of what happened on this sad day so long ago," he said.