The British Government could face legal action over its alleged non-implementation of the Haass proposals for dealing with the past, it emerged yesterday.
The prospect of proceedings came as a High Court challenge to the HET probe into the killing of Stan Carberry was withdrawn.
The 34-year-old member of the IRA’s Belfast brigade was shot by the Army in disputed circumstances in west Belfast in November 1972.
His family sought a judicial review of the HET probe into Carberry’s death, claiming it failed to interview and take evidence from soldiers.
But after papers were lodged in the High Court last year, a watchdog report by HM Inspectorate of Constabulary found that the HET treated cases with state involvement less rigorously than others.
Mr Justice Treacy was told the challenge brought by the Carberry family has now been rendered academic.
Frank O’Donoghue QC stressed, however, that they still feel the death has not been properly examined.
He said the Haass talks involved a proposed scheme which appeared to meet requirements for an effective investigation.
If this scheme was not implemented, he said, “the family will be left with no alternative but to apply to this court de novo seeking an appropriate declaration in relation to the failure of the State to put in place the necessary arrangements”.