A coroner who ruled that SAS soldiers were not justified in killing four IRA members in a 1992 ambush in Clonoe, Co Tyrone, is to refer his findings to Northern Ireland’s Director of Public Prosecutions (DPP).
Mr Justice Michael Humphreys said he was obliged by law to send a report to the DPP if an inquest he is presiding over discloses evidence that indicates a criminal offence may have been committed.
It comes after unionists expressed anger over the findings and warned it could open the door for prosecutions.
Mr Justice Humphreys, who is Northern Ireland’s presiding coroner, delivered his findings earlier this month.
He found that the SAS soldiers did not have an honest belief in the necessity of using lethal force and that such force was unjustified and not reasonable.
The East Tyrone IRA, Loughgall, Clonoe, and the SAS
At a further hearing on Thursday morning at Belfast’s Royal Courts of Justice, the coroner confirmed that he would now refer the case to DPP Stephen Herron to review it. He said he had no discretion in the matter and was required to send the referral under the Justice Northern Ireland Act, 2002.
“Accordingly, as I read the statutory obligation that’s imposed upon me, I am obliged to send a written report of my findings in this inquest to the Director of Public Prosecutions and I will do so as soon as that is practicable,” Mr Humphreys said.
Kevin Barry O’Donnell, 21, Sean O’Farrell, 23, Peter Clancy, 19, and Daniel Vincent, 20 – were shot dead by the soldiers minutes after they had carried out a gun attack on Coalisland RUC station in February 1992.
The men were all members of the IRA’s east Tyrone brigade and were killed in the grounds of St Patrick’s Church near Clonoe.
Soldiers fired more than 500 rounds as the gang dumped a hijacked lorry used in the machine gun attack.
DUP leader Gavin Robinson previously said the inquest finding “beggars belief”
UUP MLA Doug Beattie branded it “ludicrous to say that the shooting of four heavily armed terrorists” was unjustified.
Outside court on Thursday, solicitor Niall Murphy, who represents some of the bereaved relatives in the case, said the inquest findings were based on evidence that was “overwhelmingly conclusive”.
Commenting on the referral to the DPP, he said: “Well, it’s a rule of law issue, and the families would hope and trust that the rule of law will be observed.
“The evidence that we all heard over the months of hearings was overwhelmingly conclusive.
“The state of evidence, therefore, for the consideration of the Public Prosecution Service is complete, and we would hope and trust that the PPS will come to its decisions as soon as possible.”