Troubles Legacy Act a form of secondary trauma, Belfast High Court hears

https://www.bbc.co.uk/news/uk-northern-ireland-67477674

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The Troubles was a period of conflict which lasted for 30 years and cost the lives of more than 3,500 people

The government's controversial Troubles Act is subjecting victims to "a form of secondary trauma", a court has heard.

A legal challenge against the act, which offers a conditional amnesty to people accused of Troubles-related crimes, has begun in Belfast.

It has been brought by a number of loved ones of victims, as well as a survivor of a gun attack.

One told the High Court that she has sleepless nights over not getting justice for her husband's death.

A lawyer for the families said the act was flawed and offensive.

John Larkin KC said the process for gaining immunity, by giving evidence to a new commission, meant that perpetrators could "come in crowing and triumphal".

"But as long as that person is, in the view of the commission, truthful, they will qualify for immunity."

What is the Northern Ireland Troubles Act?

The act, which came into effect in September, will end future civil litigation and inquests into deaths which occurred during more than 30 years of violence in Northern, known as the Troubles.

The government has said the legislation, which applies to all former members of the security forces and ex-paramilitaries, is an attempt to draw a line under the events of the past.

It has repeatedly stated the new act is, in its view, human rights compliant.

Prosecutions that are currently ongoing will continue to conclusion. However, any inquests that have begun will end in May unless they have reached the point of delivering findings.

What is the Northern Ireland Legacy Bill?

Controversial Troubles legacy bill becomes law

It is also likely to limit investigations, which from now on would be undertaken by the Independent Commission for Reconciliation and Information Recovery (ICRIR).

Opponents, which include victims' groups and all political parties in Northern Ireland, have argued it will remove access to justice.

In court, Mr Larkin claimed that any portrayal of the ICRIR as helping to achieve reconciliation is "window dressing".

Families of those killed during the Troubles arrived at the High Court on Tuesday

Proceedings issued by Martina Dillon, John McEvoy and Lynda McManus have been identified as lead cases in a legal battle that is set to run for at least five days.

Ms Dillon's 45-year-old husband, Seamus, was shot dead in a loyalist attack at the Glengannon Hotel in Dungannon, County Tyrone, in 1997.

Mr McEvoy survived a loyalist shooting on the Thierafurth Inn in Kilcoo, County Down, in 1992, which claimed the life of 42-year-old Peter McCormack.

Ms McManus's father, James, was among those wounded in the Sean Graham bookmakers massacre earlier in the same year.

Martina Dillon, whose husband was killed in 1997, is one of those challenging the act

Speaking outside court, Ms Dillon said: "We want answers about what happened to our loved ones and we want accountability.

"I fight this oppressive legislation in my husband's memory and in solidarity with other victims having their rights denied."

An inquest into her husband's death is scheduled but it may not be finished before the May cut-off date, which, under the teams of the act, means it could end without findings.

On Tuesday, Mr Larkin told the court that Ms Dillion had "dedicated her life" to fighting for truth and justice.

Under the act, those responsible would not be held accountable, while she "has sleepless nights not getting justice," he added.

Opponents to the bill say they deserve to have answers and accountability

In a statement, Mr McEvoy expressed similar hurt that those responsible for the gun attack that changed his life and left him suffering from post-traumatic stress disorder could be free from prosecution.

Ms McManus suggested in her statement that there was a possible attempt to conceal the truth and deny justice over the Sean Graham attack.

Mr Larkin submitted: "They are representative of the enormous and collective pain in this jurisdiction."

'Right this wrong'

Experts have speculated the challenge could take several years to exhaust, as it could go all the way to the Supreme Court.

Amnesty International supports the challenge.

Its Northern Ireland deputy director, Grainne Teggart, said: "It is now over to the courts to right this wrong.

"Victims' rights must be upheld and the government cannot dismiss its obligations."