Shankill bomb victim's brother in legal challenge to head of Human Rights Commission
The brother of a schoolgirl killed in the Shankill bombing claims the head of a human rights body had no legal power to question the involvement of former RUC officers in a new legacy body, the High Court heard today.
Gary Murray is challenging Alyson Kilpatrick over comments made about the role played by a top investigator in the Independent Commission for Reconciliation and Information Recovery (ICRIR).
He also alleges she was not entitled to suggest ICRIR Chief Commissioner Sir Declan Morgan may have a possible conflict of interests due to his part-time involvement with the Supreme Court. A judge today listed the judicial review challenge for a hearing next month.
Mr Murray’s 13-year-old sister, Leeanne, was among nine victims killed in the IRA bomb attack on a fish shop on Belfast’s Shankill Road in October 1993. He wants ICRIR to carry out a fresh examination into the atrocity in a bid to obtain further answers about what happened.
Legal proceedings centre on a press interview with Ms Kilpatrick, the Chief Commissioner at the Northern Ireland Human Rights Commission, in July this year.
According to the Irish News article she expressed concerns about ICRIR lead investigator Peter Sheridan’s ability to be independent based on his previous position as a senior police officer.
Issues were also raised about the potential conflict in the duties of Sir Declan, a former Lord Chief Justice in Northern Ireland.
Mr Murray’s legal team claim the comments attributed to Ms Kilpatrick were unlawful and misrepresent ICRIR’s independence.
The statement was made without corporate authority and went beyond the NI Human Rights Commission’s statutory functions, it is contended.
Lawyers representing Mr Murray are seeking an order requiring the body to either retract the comments or clarify that they do not represent its corporate view.
In court today his barrister confirmed one of the grounds of challenge centres on Ms Kilpatrick’s legal entitlement to say what she did in the interview.
“The key point is the (alleged) illegality or the powers the Commissioner has,” counsel submitted.
Mr Justice McLaughlin was also told that the preliminary stage of seeking leave to apply for a judicial review was being opposed.
Steven McQuitty KC, for the Chief Commissioner, indicated there was a legal framework which supported the “legitimacy” of any comments under scrutiny.
Adjourning proceedings until December 3, the judge also directed that the Secretary of State should become involved as a notice party.
Outside court Mr Murray’s representative, loyalist activist Jamie Bryson, claimed the comments had undermined victims’ families who support the ICRIR.
He added: “Mr Murray’s case is that they were partisan political commentary rather than focusing on discharging NI Human Rights Commission functions of properly representing the law.” ends