Judge blasts ‘appalling’ failure over Miami Showband papers

Expressing anger at the ongoing delay in providing all material to lawyers representing survivors and relatives of murdered group members, Mr Justice Maguire warned he may consider striking out the PSNI’s defence to the claim.

He said: “This is an appalling situation where this case has been going on since 2012, and we are at stage in 2020 where the obligation of discovery on the police service has not been complied with.”

Victims of the atrocity are suing the Ministry of Defence and PSNI over the suspected level of collaboration between serving soldiers and the paramilitary killers.

Three members of the popular band, singer Fran O’Toole, guitarist Tony Geraghty and trumpeter Brian McCoy, were taken from their tour bus and shot dead on a country road after a gig in Banbridge, County Down in July 1975.

A barrister representing the chief constable cited “administrative problems” and asked for two weeks to sort out any application for Public Interest Immunity.

Mr Justice Maguire stressed the potential steps he could take if it was what the plaintiffs wanted.

“I would be inclined to consider seriously striking out the police defence,” he said.

But granting a two-week adjournment, he added: “I think the time is coming in this case where the court’s patience is (running out).”