Former soldier Colin Worton, acquitted of murder of Catholic man Adrian Carroll in Armagh in so-called UDR Four case, is denied compensation

​A former UDR soldier acquitted of involvement in the murder of a Catholic man 40 years ago has lost a High Court challenge to being denied compensation.
Colin WortonColin Worton
Colin Worton

A former UDR soldier acquitted of involvement in the murder of a Catholic man 40 years ago has lost a High Court challenge to being denied compensation.

​Colin Worton claimed former Justice Minister Naomi Long unlawfully refused to reconsider his application for a payout.

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​But a judge ruled today that she took a rational approach in identifying no change in circumstances.

​Mr Justice Rooney said: “The only grounds on which the application could be reconsidered would be if significant new information came to light which completely exonerated the applicant or which proved there was serious default on the part of the police.

​“The Minister’s decision is plainly reasonable and lawful. It was not a redetermination.”

​Mr Worton, 62, spent 30 months held on remand following his arrest in connection with the murder of Adrian Carroll in Armagh back in November 1983.

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​He was cleared before trial in 1986 after a judge ruled that a statement which formed the only evidence against him was inadmissible.

​Despite his acquittal, Mr Worton has been repeatedly denied government compensation.

​In 2010 a High Court judge dismissed his previous challenge to a Secretary of State’s decision not to award any sum under an ex-gratia scheme.

​Six years later David Ford, the Stormont Justice Minister at the time, expressed sympathy with the former soldier’s plight but declared that he had exhausted all legal remedies.

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​Mr Worton brought a fresh judicial review challenge over how his eligibility for the compensation scheme was handled in 2021 during Mrs Long’s term in office.

​Counsel for the ex-soldier argued that it was a “stark error of law” for the former Minister to conclude she had no power to reconsider his application.

​The court heard that the issue has blighted his life for 40 years.

​However, Mr Justice Rooney backed counter-submissions that Mrs Long correctly determined there had been no new developments in a case where Mr Worton remains eligible for a payment if the relevant criteria is met.

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​“The Minister re-affirmed that, on the basis of documentation provided by the applicant, no new information came to light which justified a reconsideration of the application under the ex-gratia scheme,” he said.

​With the challenge also dismissed on the grounds of delay, the judge confirmed: “The applicant cannot establish an arguable case on which there is a realistic prospect of success, ​“For all these reasons leave to apply for judicial review is refused.”