Kingsmills massacre: Dublin legacy law is ‘a long way from victims’ wishes’

A spokesman for some of those murdered in the Kingsmills massacre has expressed disappointment that no Garda officers will attend their legacy inquest in Belfast.
The late victims campaigner Willie Frazer speaking to family and friends of the Kingsmills massacre victims during the 31st anniversary of the attackThe late victims campaigner Willie Frazer speaking to family and friends of the Kingsmills massacre victims during the 31st anniversary of the attack
The late victims campaigner Willie Frazer speaking to family and friends of the Kingsmills massacre victims during the 31st anniversary of the attack

On July 12 Irish Justice Minister Charlie Flanagan announced that legislation had finally been passed in the Irish Parliament which permitted Northern Ireland coroners to “access” Garda testimony – if they attend Irish courts to witness an Irish judge question a senior Garda representative.

Mr Flanagan said this would help deliver Dublin’s legacy commitments under the Stormont House Agreement.

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The legislation was framed after persistent requests over the past three years from the legacy inquest into the Kingsmills massacre. Ten Protestant civilians were taken out of their minibus and murdered by the IRA as they travelled home from work near Kingsmills in south Armagh in 1976.

The announcement of the new Irish legislation came four years after then taoiseach Enda Kenny promised the Kingsmills families that he would give full co-operation with the inquest regarding Garda files. The inquest opened three years ago and completed almost all other business over a year ago.

The Historical Enquiries Team said the Kingsmills attack was planned from the Republic, the killers fled there afterwards, some of the weapons and vehicles were recovered there and the top three suspects served time there for different terrorist offences.

A spokesman for the Irish Ministry of Justice told the News Letter that the new legislation will now allow an NI coroner who has made a written request in relation to a Troubles-related inquest “to be present when an Irish High Court judge takes the testimony of a designated Garda member”.

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But Pastor Barrie Halliday, who speaks on behalf of some of the Kingsmills families, was not enthusiastic about the development.

“What the Kingsmills families wanted was for Garda witnesses from the 1970s to be present in the Belfast inquest, where their lawyers could ask them questions and hear for themselves what happened,” he said.

“What we have been given is a long way from having retired Garda officers in our courts.”

However, a spokesman for KRW Law, which also represents some of the families, welcomed the new legislation, saying that it “demonstrates a commitment to the out-workings of the legacy of the conflict” and “will enable further co-operation with legacy inquests”.