A coroner’s ruling that an SAS team was unjustified in shooting dead an IRA gang on a terror mission could open the door for prosecutions, it is claimed.
It comes amid unionist anger over the findings of an inquest into the deaths of Patrick Vincent, Kevin O’Donnell, Peter Clancy and Sean O’Farrell.
The men – all members of the IRA’s east Tyrone brigade – were killed in the grounds of St Patrick’s Church near Clonoe in 1992, minutes after attacking Coalisland RUC Station.
Soldiers opened fire as the gang dumped a lorry used in the machine gun attack.
More than 500 rounds were fired without warning as the men arrived in the hijacked lorry with the machine gun still welded to its tailgate.
The IRA admitted the four were on “active service”.
An inquest into the case opened in 2023.
Delivering his findings in Belfast, presiding coroner Mr Justice Michael Humphreys found that in each case, the use of lethal force was not justified.
He concluded the men died as a result of gunshots fired by members of a Specialist Military Unit, a unit within the Army.
The scene of a shoot-out in Clonoe, near Coalisland, County Tyrone, where four IRA men were killed by the SAS.
Mr Justice Humphreys, who is also a High Court judge, said the soldiers did not have an honest belief that lethal force was necessary to prevent loss of life, and its use by the soldiers was not reasonable.
The coroner also found that the operation was not planned and controlled to minimise the need for lethal force.
The Daily Telegraph reported that the case could now be referred to prosecutors and police for criminal investigation.
Labour is repealing the previous government’s contentious Legacy Act.
It is unclear what the changes will mean for military veterans accused of unlawful Troubles-era killings.
However, one military source told The Telegraph: “As night follows day, we expect the coroner to refer these soldiers to prosecutors for investigation and possible prosecution.”
Outside the court, Niall Murphy, a solicitor for the families, said: “Whereas truth has been excavated and published today, justice has not.
“And we’re going to carefully consider this verdict with regards to any prospect of prosecutions.”
But unionists criticised the coroner’s ruling.
Ulster Unionist MLA Doug Beattie said it was “ludicrous to say that the shooting of four heavily armed terrorists” was unjustified.
“These terrorists had attacked a nearby police station with the intent on murdering those inside, be they police officer or civilian,” he said.
He added: “In the cold light of day, in a warm courtroom, it is easy to criticise the actions of the military and the decisions they made.
“However, instead of dead police officers, civilians and lawful military personnel, four PIRA terrorists were killed.
“Nobody wants to see loss of life but when we weigh up the intent of the terrorists in what was an organised and murderous action, the end result is, to all right-minded people, justified.”
In response, a spokesperson for the Lord Chief Justice’s office said: “The full findings and verdict of Mr Justice Humphreys have been published and this office has nothing to add.”
The inquest was told that each of the men died shortly before 11pm on February 16, 1992.
The soldiers involved were referred to by ciphers, not their names.
Mr Justice Humphreys said that in his statement, Soldier F claimed he opened fire when he believed those in the lorry were about to open fire on the patrol.
However, the inquest found that the IRA members were attempting to descend the lorry and run away and they could not have posed as a threat.
It found that O’Donnell (21) was shot in the back whilst attempting to flee and then again in the face whilst lying incapacitated on the ground.
Mr Justice Humphreys rejected claims by Soldiers F and H that they had an honest belief they needed to use force, and said it “must have been obvious to them” that O’Donnell presented no viable threat.
Clancy (21) was shot whilst attempting to run away and then repeatedly whilst in a crouched or kneeling position on the ground.
“It has the entirety of my life that this process has been ongoing” – Sister of Patrick Vincent
Vincent (20) was shot whilst seated in the cab of the lorry and then again when lying incapacitated across the seat of the lorry through its open doors, while O’Farrell (22) was shot in the back whilst running away and then in the face whilst lying on the ground incapacitated.
Mr Justice Humphreys also noted how police reports in the aftermath, including those provided to government ministers, referred to simultaneous firing and a firefight.
He said these statements were “demonstrably untrue and must have been known to be untrue”.
“The reasons for putting forward such false justifications for the actions of the soldiers are obvious,” he added.
“This, coupled with any lack of proper challenge of their accounts by the RUC investigators ensured there would be no actual accountability.”
Speaking afterwards, Patrick Vincent’s sister Marian said she was “completely overwhelmed” by the ruling.
“This has been a long, long, long process – the boys are dead 33 years next week,” she added.
“It has been the entirety of my life that this process has been ongoing. We are tired.
“It’s hard to say you’re delighted at a finding over your family member’s death.
“We’re overwhelmed and we’re delighted with the result, but we’re also very aware (it came) at a huge expense to us as families.”
Ms Vincent, who was four when her brother died, added: “We knew (the untrue claims) but for it to be confirmed in the court is huge – it’s so monumental.
“It makes a big difference to how we feel about it.
“It means that there is dignity given back to them as human beings, as siblings, as sons.
“And for us it has gone a long way to helping us heal.”
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News Catch Up – Wednesday 5 February