New date to be set for Fergal McCusker inquest

A new date is to be set for an inquest into the killing of Fergal McCusker in 1998.

The 28-year-old, from Maghera, was killed in an attack which was attributed to the loyalist paramilitary group the LVF on January 18, 1998.

He had recently returned to his home town from the United States where he had been working for a period.

No-one has ever been convicted of the murder.

The inquest had been listed to start on January 16, 2023 for six weeks at Banbridge court house in Co Down.

However Mark Robinson KC, a barrister representing the PSNI, told a preliminary hearing of pressure on resources in providing the material for the inquest.

He said they are not in a position to say when sensitive material can be disseminated due to the level of demand on police resources.

Coroner Paddy McGurgan expressed disappointment, and queried why a date could not be given for the material.

Mr Robinson said he believes there are now 13 inquests running between now and April, which "has put an unbearable pressure on police resources".

He referred to multiple demands being placed upon finite resources, adding there has been a "significant departure" from the five-year plan set out for legacy inquests.

"That's out of our control and it's out of the court's control, but the reality that the five-year plan was to enable to state bodies to invest and organise the resources to allow a certain number of inquests to run whilst another number be prepared in the background," he said.

"PSNI are simultaneously dealing with years one, two, and three inquests ... that's along with the civil actions, judicial reviews and other challenges that involve legacy matters, with the utmost respect, it's not about not prioritising this inquest at all, it's about the immense pressures put on resources across the board caused by Covid and other potential legislative pressures as well.

"It's not a matter of putting this inquest down the list, it's a matter of simply not having the oxygen to get the work done because of the impact of these additional factors."

Mr McGurgan said he is "exceptionally disappointed with the approach being adopted by the PSNI".

Another preliminary hearing is to take place on January 16.