Northern Ireland

Informer case to feature in legacy legal challenge

Setanta Marley of KRW Law
Setanta Marley of KRW Law

The case of a former IRA man shot dead after being accused of being an informer will be highlighted during a legal challenge of the British government’s contentious Legacy Law on Thursday.

The details of several Troubles-linked cases are currently being presented as part of a judicial review hearing at the High Court.

Victims and relatives of the dead are opposed to the Northern Ireland Troubles (Legacy and Reconciliation) Act, which passed into law in September.

 It provides immunity, in some circumstances, along with ending civil cases and inquests that have not reached their findings stage by next May.

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Under the disputed legislation, all Troubles investigations will transfer to the Independent Commission for Reconciliation and Information Recovery (ICRIR).

The case of Maurice Gilvary, who was abducted and shot dead by the IRA in January 1981, is due to be heard on Thursday.

It has been claimed he was tortured and that members of the IRA’s Internal Security Unit were involved.

Solicitors for the dead man’s sister, Gemma Gilvary, say that evidence now suggests that he was   “targeted for abduction, torture and murder as he had been identified to the IRA by state agents, including a police officer, as a state agent”.

Ms Gilvary’s solicitor, Setanta Marley, of KRW Law, said: “The British government’s claims that the aim of this legislation is to promote truth and reconciliation. My clients wholly reject this, believing instead that the purpose of this legislation is to protect agents and employees of the state from prosecution.

“It is untenable that an individual can be granted immunity from prosecution for committing the most abhorrent crimes, including torture, which is prohibited absolutely by the ECHR (European Convention on Human Rights).

“A process of this nature, which has received widespread condemnation, will only serve to sow the seeds of division.”