Miami Showband massacre survivor threatens legal action over allegations Robert Nairac may have been linked to attack
A survivor of the Miami Showband massacre is threatening legal action in a bid to be allowed to use a military document to support allegations that missing British army officer Robert Nairac may have been linked to the attack.
Des McAlea wants Ministry of Defence (MoD) permission to use the material in response to a television documentary which distanced Captain Nairac from involvement in the atrocity.
One of Ireland's most popular cabaret acts, three members of the Miami Showband were murdered as they travelled home to Dublin after a gig in July 1975.
A fake army patrol made up of UDR soldiers and UVF members stopped them at the bogus checkpoint outside Newry, Co Down.
Band members were made to line up at the side of the road while attempts were made to hide a bomb on the tour bus.
The device exploded prematurely, killing some of the would-be bombers.
Their accomplices then opened fire on the band, murdering lead singer Fran O'Toole, guitarist Tony Geraghty and trumpeter Brian McCoy.
Mr McAlea and fellow band member Stephen Travers were also injured but survived the attack. Captain Nairac, who served in Northern Ireland at the height of the Troubles, was the subject of posthumous allegations that he may have colluded with loyalist paramilitaries and potentially played a role in the Miami Showband attack.
A newspaper report in 2020 claimed previously unseen British Army intelligence documents have linked him to the massacre.
The undercover officer was abducted from a south Armagh pub in May 1977 and never seen again.
It is presumed that he was killed and secretly buried by the IRA.
In August 2024 an RTE documentary on the search for his body featured a lead investigator in the search for remains of the so-called ‘Disappeared’ stating there was no evidence that Captain Nairac was involved.
Mr McAlea vehemently disputes that assessment.
His lawyers want to be able to use a military document which was disclosed during separate legal proceedings for their ongoing correspondence with the broadcaster.
So far, however, the Crown Solicitors Office has not given the requested permission.
A pre-action letter has now been issued threatening judicial review proceedings against the MoD over the alleged ongoing failure to provide consent.
Solicitor Owen Winters, of Belfast-based firm KRW Law, said: “The narrative on Robin Nairac needs an urgent reset after last year’s RTE documentary.
“It has caused serious distress and trauma for our clients Mr Des McAlea and Stephen Travers.”
Mr Winters added: “We have repeatedly asked the authorities for permission to use information obtained in the Miami showband litigation but they’ve failed to respond.
“We have little option now but to challenge that silence in court.”