Relatives of four Catholics murdered by loyalists are to launch legal action over a decision by Secretary of State Hilary Benn to refuse a public inquiry into their deaths.
Mr Benn last week rejected calls for a public inquiry into the sectarian murders and encouraged relatives meet with Independent Commission for Reconciliation and Information Recovery (ICRIR) chief commissioner Sir Declan Morgan.
However, a Court of Appeal judgment has since found some of the commissions work is not compatible with human rights law.
Charlie Fox (63) and his wife Tess (53) were gunned down in their home, near Moy in Co Tyrone, in September 1992.
Eight months earlier their son-in-law Kevin McKearney (32), who was married to their daughter Bernie, and his uncle Jack McKearney (70), died after a gun attack at a family-run butcher’s shop in Moy.
Kevin died instantly, while Jack died later in hospital.
Collusion is strongly suspected in both cases and during inquest hearings suspects were identified, including notorious loyalist commanders and suspected state agents Robin ‘The Jackal’ Jackson and Billy Wright.
Both inquests, which were linked, were abandoned earlier this year.
Many victims and relatives are strongly opposed to the ICRIR, believing it to be part of British government attempts to protect state participants during the Troubles from accountability.
It was established under the Conservative Party’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which ended all inquests and civil cases, as well as introducing conditional immunity.
A Court of Appeal judgment last week found some of its work is not compatible with human rights law.
While some grounds of appeal were dismissed, others were allowed.
This includes that the commission is incompatible with the European Convention on Human Rights (ECHR) in respect of the power held by the secretary of state to withhold sensitive information from families.
Following the appeal ruling both the McKearney and Fox families are set to launch fresh legal action.
Kevin McKearney’s sister Angela said her family was “disappointed but not surprised at the decision of Britain’s viceroy in Belfast, Hilary Benn to prevent a meaningful enquiry into the killings of my brother and uncle”.
“The proposal that the ICRIR would or even could conduct a proper investigation into their murders was always a fallacy,” she said.
“This fact has now been reinforced by a recent decision issued from the Belfast High Court.
“By denying a proper, thorough and acceptable public enquiry, it is clear that the British state is prioritising the security of its clandestine apparatus over the truth.”
Ms McKearney also called on the international community, “including the Irish government, to highlight the grave, ongoing injustice being perpetrated by the UK government and ensure that this wrong is rectified”.
Bernie McKearney also dismissed the ICRIR.
“Hilary Benn promised that he was going to give families what they wanted,” he said.
“Why are they covering for a failed Tory policy?”
Gavin Booth, of Phoenix Law, said Mr Benn’s decision was “wrong in fact and wrong in law”.
“It’s clear given the judgment that the ICRIR is not capable of carrying out effective investigations in Troubles related deaths”.
He added that Mr Benn should now “grant the families the public inquiry they deserve”.
A Northern Ireland Office spokesperson said: “It would be inappropriate to comment on legal proceedings.”
The ICRIR was contacted.
