Landmark ruling on IRA deaths inquests

THE planning and control of controversial security operations could be examined by coroners after a landmark ruling sent relatives of two IRA men shot dead by the SAS to the UK's highest court.

Senior judges have granted leave for lawyers representing the families of Dessie Grew and Martin McCaughey to take their case to the Supreme Court in a legal battle over inquests into the killings.

Their lawyer Fearghal Shiels said the decision had profound implications for nearly 20 similar coroners' court hearings.

"It may change the issues inquests may explore, including the planning and control of security operations. It may make for more effective inquests as far as families are concerned," he said yesterday.

Grew, 37, and McCaughey, 23, were gunned down near Loughgall in 1990.

It is believed the building they were killed outside at Lislasley, County Armagh, had been under surveillance. Three AK47 assault rifles were found nearby afterwards.

Legal papers in the judicial review application claim four soldiers fired 72 rounds at the two men, with postmortem reports showing Grew sustained 48 wounds while McCaughey was shot by ten bullets.

Shiels said that the McCaughey case could go to the European Court of Human Rights after the matter was lodged with it last year.

"This is the second time they have had to go to the Supreme Court/House of Lords," he added.

"They are pleased that the case has been referred but they are frustrated that it has been 20 years this October since their son and brother were killed."

The deaths, part of a series of shootings which led to allegations of a shoot-to-kill policy by the security forces, are to be reinvestigated by detectives from the Historical Enquiries Team.

That investigation may not be complete until the end of 2010, raising concerns the oldest outstanding inquest in Northern Ireland could be delayed further.