Doorman who was shot and paralysed by LVF in Co Tyrone attack which killed colleague loses legal battle for full participation in inquest

Christy Cummings challenged a coroner’s decision to refuse him properly interested person (PIP) designation for the inquiry examining the death of 45-year-old Seamus Dillion.

Mr Dillon, a former republican prisoner, was gunned down by the LVF outside the Glengannon Hotel near Dungannon, Co Tyrone in December 1997.

The murder was seen as a revenge attack following the assassination of the paramilitary group's leader Billy Wright inside the Maze Prison earlier the same day.

Mr Cummings, 66, was also working at the hotel and suffered life-changing injuries in the same shooting.

Amid suspicions that the gunmen were assisted by state agents, he applied for PIP status at the ongoing inquest. Such a designation would have entitled Mr Cummings to actively participate in the process by questioning witnesses. PIP status was denied on the basis that he will face no criticism at the inquest and because there is no evidence he was the pre-planned, targeted victim of the terrorists.

Earlier this year the High Court dismissed his attempt to judicially review the coroner’s decision.

Appealing that ruling, he claimed the refusal was irrational and failed to recognise his entitlement to an investigation under Article 2 of the European Convention on Human Rights.

Lawyers for Mr Cummings, who was left paraplegic and has a significantly reduced life expectancy, said he wants to know if the attack could have been prevented and whether there was any collusion.

The Court of Appeal heard his concerns included allegations that the RUC failed to either warn the hotel on the night of the shooting or stop the car used by the loyalist gunmen.

It was contended that the coroner got it wrong by not recognising Mr Cummings’ substantial interest in the inquest.

But senior judges ruled that the decision involved no error in law.

Lady Chief Justice Dame Siobhan Keegan said: “This inquest is not the vehicle for discharging any state obligation, under Article 2 or otherwise, to inquire into the injuries sustained by the appellant. It is not designed to fulfil this purpose.

“Its fundamental purpose is to inquire into the death of Mr Dillon.”

With the inquest still at an early stage, she stressed that Mr Cummings still has an important part to play in giving evidence and may yet make a renewed application for the designation sought.

Dismissing his legal challenge, however, Dame Siobhan confirmed: “”We consider that the coroner’s decision to refuse PIP status to the appellant is unimpeachable.”