NORTHERN Ireland's Health and Safety Executive has legal authority to investigate any suspected involvement of state agents in a triple murder carried out by loyalist paramilitaries more than 30 years ago, a High Court judge declared.
Brian Frizzell (29) was shot dead along with Eileen Duffy (19) and 16-year-old Katrina Rennie in a notorious UVF attack on a mobile shop in the Drumbeg Estate, Craigavon back in March 1991.
Based on Police Ombudsman reports into separate atrocities, Mr Frizzell’s brother believes that RUC informants may have played a role in his killing.
Patrick Frizzell claims police failed in their obligation to protect his sibling, and that the Health and Safety Executive Northern Ireland (HSENI) is required to investigate that alleged dereliction.
In February last year the public body stated it had no statutory authority to carry out such a probe because the killing fell outside the scope of the Health and Safety at Work (Northern Ireland) Order 1978.
Mr Frizzell mounted a judicial review challenge, contending it was unlawful because police were not excluded from a duty set out in the legislation.
At a previous hearing the court was told he suspects the security forces were harbouring individuals connected to his brother’s murder.
A duty to protect Brian Frizzell was breached and should be investigated, it was argued.
Lawyers for the respondent had insisted that a factual basis was required for any reason to investigate whether or not police agents were being operated in an unsafe way.
But Mr Justice Humphreys ended the challenge on the basis of an agreement reached between the parties.
The judge confirmed: “The court hereby declares that the respondent, the Health and Safety Executive Northern Ireland, has statutory authority to investigate whether an unsafe method of work caused or contributed to the death of Brian Frizzell on March 28, 1991, contrary to Article 5 of the Health and Safety at Work (Northern Ireland) Order 1978.”
Mr Frizzell’s legal costs are also to be paid under the terms of the resolution.
Outside court his solicitor, Gary Duffy of KRW Law, welcomed what he claimed was an acceptance by HSENI that it has responsibility to examine the circumstances.
“Health and safety at work protocol on the handling of agents and informants during the conflict is something that wasn’t necessarily on anyone's radar, but it is now and needs to be actioned urgently,” he said.
“We are now engaging with the HSENI to see what their proposals are to give effect to today's court order.”
Mr Duffy predicted the outcome could potentially have far-reaching implications for other bereaved families who lost loved ones during the Troubles.
He added: “It will add a much needed extra dimension to legal agitation on uncovering systemic failings in the handling of informants and agents.”