A coroner has asked for undertakings that state agencies have not “downed tools” on preparatory work for a fresh inquest into the deaths of nine people in Loughgall in 1987 before the cut-off date imposed by the UK Government’s new legacy legislation.
Mr Justice McAlinden directed the Ministry of Defence and PSNI to provide monthly updates to him on progress in disclosing information in the case.
The nine men were shot by the SAS in the Co Armagh village in 1987 as an IRA unit carried out an attack on a police station.
Eight had been among the IRA unit, while civilian Anthony Hughes, who was travelling through the village in a car, was also shot dead.
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The Northern Ireland Troubles (Legacy and Reconciliation) Act, which received royal assent earlier this year despite widespread opposition, will halt legacy inquests which have not concluded by May 1 2024.
The coroner has previously said that it will be impossible to complete the Loughgall inquest by the cut-off date but ruled that preparation work should continue, noting legal challenges to the legislation.
Ahead of the inquest beginning, material relating to the deaths must be security-vetted and distributed to the legal parties involved as part of the Public Interest Immunity (PII) process.
Giving an update during a preliminary hearing at the Royal Courts of Justice in Belfast, Peter Coll KC, representing the MoD, said state agencies were involved in PII processes in a number of legacy inquests in Northern Ireland.
Mr Justice McAlinden said: “Can you give the court an undertaking on behalf of the MoD that they are not downing tools in this case and secondly, they do anticipate that with the freeing of resources in PII work in other inquests, staff will become available to engage in the PII exercise in this case?”
Mr Coll said: “The resource that is available will, as the period of weeks and months go by towards May 1, include work on this case alongside others.”
The coroner he was in an “invidious position” in relation to progress that can be made in the case, ensuring that any decision he made does not negatively impact upon the progress of other more advanced inquests before May 1.
He added: “The view I take is I must keep this matter under close review.
“I must require the state agents in this case to provide the coroner’s service with a monthly update setting out precisely what work has been done in relation to the PII process in this inquest.
“I will require evidence to be produced that some valuable material work is being done to progress the PII process.
“If it transpires on one of those monthly reports I receive information that no work has been done I will take a very dim view of that and I will convene an immediate review and I will require the attendance of individuals from the MoD and the PSNI to explain why no material effort or work has been put in to progressing the PII process.”
The coroner ordered the first monthly reviews to be produced on January 31.