DUP: Truth about Security Services more uncomfortable for some republicans than for SAS

The claim was made by Keith Buchanan following a High Court ruling that the police ombudsman had unlawfully failed to investigate the RUC’s role in the SAS shooting of three armed IRA men in Co Tyrone.

Also commenting on the case, TUV chairman Keith Ratcliffe described the legal proceedings – in respect of terrorists who set out to take a life – as a “bizarre situation”.

On Friday, Mr Justice Humphreys confirmed the outcome of a legal challenge mounted by the widow of Gerard Harte – who along with his brother Martin Harte and Brian Mullin were attempting to murder a part-time UDR member at Drumnakilly in August 1988.

Based on intelligence, the SAS replaced the intended victim with an undercover soldier, and then returned fire on the hijacked car being used by the would-be killers.

The IRA murder bid took place just ten days after a roadside bomb claimed the lives of eight Light Infantry soldiers travelling on a bus through the Ballygawley area.

The judge said the court will “make a declaration that the first respondent (the police ombudsman) has acted unlawfully by failing to investigate the applicant’s complaint within a reasonable time.”

He also ordered the body to pay Mrs Harte’s legal costs.

Gavin Booth of Phoenix Law claimed: “The circumstances of this case are that three men were shot dead by the SAS with the knowledge and assistance of the RUC.

“It is clear now that the Ombudsman has acted unlawfully, but unfortunately there will be no report due to the Legacy Act.”

Mid Ulster MLA Keith Buchanan responded, saying: “Whilst Phoenix Law talks about ‘three men’ it would also be accurate to say the SAS were successful in stopping three PIRA terrorists from murdering a part-time soldier using their AK47s.

"Republicans need to face up to the fact that the PIRA was riddled with informers.

"When Sinn Fein hold commemorations to glorify dead IRA men, it is quite likely that the people who supplied the information to the security forces are probably standing at the commemoration."

Mr Buchanan added: “The full truth about the Security Services in the Troubles would be more uncomfortable for some republicans than it would be for the SAS.”

Councillor Ratcliffe said: “This is a bizarre situation where IRA terrorists who went out with the intent to take life are afforded time in court and a judgement which has been denied many innocent victims.

“Some of the reporting around this case has been scandalous. In order to understand the actions of the SAS unit that day one has to be informed that the terrorists they shot were armed with two AK-47 and a Webley revolver.

"They were dressed in boiler suits and balaclavas. Their intention, which is acknowledged by all, was to murder of an off-duty UDR man who they believed to be defenceless and changing a tyre by the roadside.”Mr Ratcliffe added: “By no stretch of the imagination would any reasonable person believe that these men were some sort of heroes or innocent men. They went out with the intent to murder.”

Relatives of the three republicans believed they were victims of a suspected shoot-to-kill policy operated by the security forces.

State agents allegedly lured them into a premeditated trap, according to their case.

It has also been claimed that RUC officers were involved in cordoning off the area prior to the shooting and did not carry out an effective probe in the immediate aftermath.

Gerard Harte’s widow, Roisin, lodged a complaint with the police ombudsman’s office following a television documentary about the case broadcast in 2015.

In 2018 the watchdog confirmed that an investigation into her grievance would be carried out.But amid budgeting issues the inquiry was never completed.

Mrs Harte issued judicial review proceedings against the ombudsman over that delay, and against the Department of Justice for an alleged failure to provide the necessary funding.

With the Government’s controversial Legacy Act set to shut down work on Troubles-era probes, her case is not expected to be dealt with by the cut-off date of May 2024.

In court on Friday it was announced that the ombudsman had conceded Mrs Harte’s legal challenge.

Proceedings against the Department of Justice were formally dismissed.