Kingsmills massacre: No justice for sectarian genocide as inquest is put onto ‘life support’, says families’ QC

Relatives of those murdered in the Kingsmills massacre have told the coroner at an inquest that their confidence in the Northern Ireland Office, PSNI and coronial system is “at rock bottom” and that the process “is on life support”.
Alan Freeburn carries the coffin of his father Robert, who was one of those murdered in the Kingsmills Massacre in 1976.Alan Freeburn carries the coffin of his father Robert, who was one of those murdered in the Kingsmills Massacre in 1976.
Alan Freeburn carries the coffin of his father Robert, who was one of those murdered in the Kingsmills Massacre in 1976.

In response, Coroner Judge Brian Sherrard said that while he was sensitive to their wishes, the inquest was “a public law matter” and would proceed with or without them.

The inquest is examining the sectarian murder of 10 Protestant workmen by the IRA near Kingsmills in south Armagh as they made their way home from work in 1976.

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As the hearing began yesterday Alan Kane QC, acting for many of the relatives, interrupted proceedings.

Alan Black, who was shot 18 times in the attack, says next-of-kin have been shown “total disrespect” by the inquest. 
Photo: Colm Lenaghan/Pacemaker.Alan Black, who was shot 18 times in the attack, says next-of-kin have been shown “total disrespect” by the inquest. 
Photo: Colm Lenaghan/Pacemaker.
Alan Black, who was shot 18 times in the attack, says next-of-kin have been shown “total disrespect” by the inquest. Photo: Colm Lenaghan/Pacemaker.

While the families have been expressing frustration for some time at what they see as the lack of progress, he said the receipt of a number of important letters from the coroner’s office late on the day before the hearing gave him no time to brief relatives and was “disrespectful” towards them.

“They are of the view that there has been a distinct failure by the Northern Ireland Office, the PSNI and the coronial system to present the justice that they need and had hoped for in relation to the sectarian genocide at Kingsmills in January 1976,” he said.

“Their confidence in the inquest is at rock bottom. The inquest is on life support and they would like an adjournment to consider what, if anything, their participation might be going forward.”

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Preliminary hearings for the inquest began in 2013 and official hearings in 2014, when families first began pressing Garda for a witness to speak about the related suspects, weapons and vehicles which were located in the Republic of Ireland afterwards.

Families have also been pressing for deceased suspects to be named since 2015 and for the Northern Ireland Office to give evidence on the On-The-Run scheme for 12 months; two suspects were in receipt of letters from the scheme.

Sean Doran QC, acting for the coroner, responded that “absolutely no disrespect was intended” to the families and that the correspondence was submitted after detailed work. He had “no difficulty” with an adjournment for relatives to consider the issues, he added.

Mr Sherrard said he would “do his best to assist the next of kin” and that he believed the sheer volume of information put into the public domain so far was of substantial benefit.

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However, he added that “the community as a whole has concerns” in determining the facts around the murders, whether relatives continue to participate or not.

The sole survivor of the attack, Alan Black, said yesterday: “The preliminary hearings began in 2013 and it is now 2020 and we are still waiting for the full truth.

“The can is continually kicked down the road. There is a long pattern of letters being given to us at the last minute before hearings. It is total disrespect.”

Colin Worton, whose brother Kenneth was murdered, added: “This inquest only happened because the families lobbied the Attorney General for it. Our involvement is hanging by a thread.”

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DUP MLA William Irwin said that progress “or rather lack of it, is very disappointing”.

It was agreed to adjourn until February 26.

The Historical Enquiries Team said that the gang behind the attack used the Republic of Ireland as a base and bolt hole for the attack, and that a number of vehicles and weapons used were later recovered south of the border. The top three suspects also served time in the south for separate terrorist offences.

After prolonged pressure from the families, then taoiseach Enda Kenny met the families in Bessbrook in 2015 and promised them full cooperation from the Garda regarding what they knew of the attack and those involved.

However, five years later it is understood that no Garda intelligence on the attack has yet been provided to the inquest.

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Instead, after prolonged pressure, the Irish authorities have finally agreed to hold their own hearing in an Irish court where pre-approved questions from the families may be put to a Garda witness under the authority of an Irish judge. The NI Coroner will be allowed to sit in the court as an observer but will not be able to take part in the proceedings.

Initially the relatives had pressed for a Garda witness to attend the inquest in Belfast. Garda argued that no legislation existed to allow them to compel an officer to attend – however, relatives’ lawyers countered that officers could simply be asked to volunteer, as PSNI officers had done when attending the Smithwick Inquiry in Dublin.

Instead, Irish authorities took several years to pass a piece of legislation which will allow relatives’ pre-approved questions to be put to a Garda witness by an Irish judge in a southern court.

The families have also pressed for years for the inquest to name deceased suspects in the atrocity, the inquest having gone into elaborate detail on the role of many suspects, but identifying them only using cipher codes in order to protect their personal safety and human rights.

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In March last year a convicted IRA bomber appeared by video-link at an inquest into the 1974 Birmingham pub bombings, which killed 21 people.

‘Witness O’ named four men he said were responsible for the bombings. He said he had been given permission to reveal the names by the current head of the IRA in Dublin.