Former RUC officers will not be prosecuted for 1969 deaths of Hugh McCabe and Patrick Rooney

The Public Prosecution Service has decided not to prosecute two former RUC officers in relation to fatalities from the beginning of the Troubles.
Patrick Rooney died in 1969Patrick Rooney died in 1969
Patrick Rooney died in 1969

Hugh McCabe (20) and Patrick Rooney (9) died by gunshot during significant disorder in Belfast more than 50 years ago.

Prosecutorial advice was sought in relation to a third fatality, Samuel McLarnon (28), but no suspect was reported for any decision as to prosecution, the PPS said.

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The three died on August 15 1969 after being shot in separate incidents in the Ardoyne and Divis areas of the city.

Patrick Rooney died in 1969Patrick Rooney died in 1969
Patrick Rooney died in 1969

The three deaths were alleged to have involved officers of the RUC and were each referred for investigation to the Police Ombudsman. This referral was made by the former Historical Enquiries Team within the PSNI.

In respect of the deaths of Hugh McCabe and Patrick Rooney, investigation files each reporting one retired police officer were submitted to the PPS in November 2018.

At that time a file was also received requesting prosecutorial advice in relation to the potential for any prosecution relating to the death of Samuel McLarnon.

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The files contained new evidence gathered as part of the Police Ombudsman investigations, along with evidence and information gathered at the time of the Scarman Tribunal in 1972, the PPS said.

PPS Assistant Director Lynne Carlin said: “A team of experienced prosecutors has completed a careful consideration of all evidence reported in connection with three tragic deaths which happened during the widespread disorder of August 1969.

“In two of these cases, those relating to the deaths of Hugh McCabe and Patrick Rooney, it was concluded that there is no reasonable prospect of conviction for any offence in respect of the two former RUC officers reported.

“In the case of Samuel McLarnon, a review of the available evidence confirmed that the only identifiable suspect is now deceased. In relation to those other officers who were involved in the relevant events, it was concluded that the available evidence provided no prospect of the Test for Prosecution being met for any offence in connection with this death. In these circumstances no identified suspect was reported for a decision as to prosecution in this case.”

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Ms Carlin added: “Having carefully weighed all of the evidence it has been concluded that the Test for Prosecution is not met on evidential grounds in those two cases in which it could be applied.

“These decisions were taken following an independent and impartial application of the Test for Prosecution and with the assistance of advice from Senior Counsel. In none of the cases did the available evidence provide a reasonable prospect of conviction of any identified suspect for a criminal offence.

“I fully acknowledge the deep disappointment felt today by three families who have lived for many decades with the loss of their loved one in very painful circumstances.

“We hosted separate remote meetings with the McCabe and Rooney families this morning at which detailed reasons for the decisions were outlined. These reasons have also been provided to the families in writing and we thank them for taking the time to meet with us.

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“The McLarnon family have been provided with our detailed advice in writing and an offer to meet remains open should they have any further questions in future.

“As difficult as today’s outcome is for the families, I have offered the reassurance that the decisions were reached only after a most careful and thorough consideration of all the available evidence in each case.”