Loughgall ambush SAS soldier '˜at scene when innocent taxi driver was killed'
Lawyers claimed the disclosure should have come earlier to allow questioning at the inquest into the double killing of republicans Martin McCaughey and Dessie Grew.
McCaughey’s sister, Sally Gribben, is continuing to challenge a conclusion that the shootings near Loughgall, Co Armagh in October 1990 were justified.
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Hide AdHer appeal against a previous failed legal bid to have the inquest verdicts quashed is to be heard later this month.
In court on Tuesday it emerged that a member of the SAS unit who opened fire on the IRA men and identified only as Soldier D was also involved in an earlier operation that resulted in civilian Kenneth Stronge being fatally wounded.
Mr Stronge, 46, died after being shot as he drove his taxi past an RUC base at North Queen Street in Belfast in July 1988.
Four members of an SAS team had opened fire on IRA men as they launched a rocket at the barracks from another nearby car.
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Hide AdWith more than 80 high-velocity bullets fired at the attackers, Mr Strong was hit and critically wounded. The innocent victim died three days later.
Counsel for Ms Gribben revealed the link between the two incidents based on new disclosure from the Ministry of Defence.
Karen Quinlivan QC told the Court of Appeal: “Soldier D was involved in the incident of the shooting of Kenneth Stronge.
“Although he did not deploy his weapon, he was one of six officers (present).”
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Hide AdThe development came amid final preparations for the bid to overturn a previous judgment on the McCaughey and Grew inquest.
The two men were killed after being ambushed at farm buildings.
Although both armed neither of them fired any shots, provoking claims that soldiers could have made arrests.
But in May 2012 a jury held that the soldiers had used reasonable force during the operation.
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Hide AdLast year a High Court judge dismissed Ms Gribben’s application for judicial review.
He rejected claims that the tribunal was rendered ineffective by the non-disclosure of soldiers’ links to other lethal force incidents.
Ms Gribben’s legal team are now appealing the verdict in a further attempt to secure a fresh inquest.
The appeal is listed for April 26.