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'Shoot-to-kill' case re-examined 'Shoot to kill' claim re-examined
(about 2 hours later)
An inquiry may be reopened into claims security forces began a "shoot-to-kill" policy during the Troubles. An inquiry may be reopened into claims security forces began a "shoot to kill" policy during the Troubles.
Northern Ireland Police Ombudsman Nuala O'Loan is examining whether there are grounds for a new investigation. A controversial report by top policeman John Stalker on an alleged RUC "shoot to kill" policy was never published.
Top policeman John Stalker was removed in 1986 from his inquiry into claims the RUC had been shooting dead rather than arresting republican suspects. The police ombudsman has Mr Stalker's files relating to the killing of three unarmed IRA men in 1982.
Any new inquiry would include the 1982 killing of Gervaise McKerr, shot dead alongside two other unarmed IRA men. The government has asked Nuala O'Loan to examine the files in response to concerns raised by the Council of Europe.
Three police officers were later acquitted of murder. Gervaise McKerr, Sean Burns and Eugene Toman were shot dead at a checkpoint by police near Lurgan.
The case files were handed over to the ombudsman by the PSNI's historical enquiries team, which has been going through all the unsolved murders of the Troubles in chronological order. In 2001, the European Court of Human Rights paid £10,000 in compensation to 10 families, including Mr McKerr's.
The team cannot re-examine the Gervaise McKerr case because of police involvement in his killing. 'Violated'
A spokesperson for the police ombudsman said she had just started to look at the files and would decide whether an investigation was needed. It found human rights had been violated because of the failure of the state authorities to conduct a proper investigation into the circumstances of the deaths.
Mr McKerr's family continued their attempt to force another inquiry when no further official action followed the European ruling.
But in 2004, the Attorney General said a fresh inquiry into the Lurgan shooting would be a "burden" on the government.
Police Ombudsman Nuala O'Loan has begun looking at the filesThe Council of Europe has now asked the government to get the police ombudsman's office to consider the case.
The government has always denied any "shoot to kill" policy and has resisted calls from families to look again at what happened.
A spokesperson for the police ombudsman said Nuala O'Loan had just begun to look at the files.
She will decide whether an investigation is needed, during a process which could take several months.