The family of Patsy Kelly have reacted with "anger and dismay" to the Attorney General of Northern Ireland's decision to refuse a fresh inquest into murder of the Nationalist councillor.
Mr. Kelly was last seen leaving the Corner Bar in Trillick in the early hours of July 24, 1974.
His body was found in Lough Eyes, near Lisbellaw, three weeks later on August 10. He had been shot six times.
No one has ever been charged or prosecuted over the murder.
Mr. Kelly’s family believed the killing was perpetrated by members of an Army patrol.
In April, a report by the Police Ombudsman of Northern Ireland (PONI) found the police investigation into his death was “wholly inadequate”, with the actions of RUC Special Branch indicative of “collusive behaviour”.
READ MORE: Family of Trillick Councillor murdered in 1974 calls for fresh inquest
Following this report, Mr. Kelly's family called for a fresh inquest into his murder. However, in a letter to their solicitor, the family were informed by the Attorney General that this has been refused.
They now intend to apply for a judicial review into the decision, with the family saying this "has caused an enormous deal of hurt" to them.
A spokesperson for the Attorney General, Dame Brenda King, said she fully appreciates the Kelly family’s disappointment with her decision not to direct a new inquest into the murder of Mr. Kelly.
A statement from the family said: "The recent publication of the PONI report into Patsy's murder has highlighted the depth and scale of collusion in a case that has spanned across [the] police, Loyalist paramilitaries and British military forces.
"However, the PONI investigation only had the remit to investigate police misconduct.
"The granting of a fresh inquest – bearing in mind the original inquest of 1975 was effectively incomplete – would allow the spotlight to focus on UDR involvement in tandem with a then active UVF unit in Fermanagh, and would possess the power to compel witnesses to attend and to submit testimonies.
"It is important to remember that the original inquest held into Patsy's murder delivered an open verdict."
The statement continued: "Given what we now know in regard to the wide-scale collusion across multiple agencies of the British state, it is simply appalling and incomprehensible that a fresh inquest has been denied."
READ MORE: Patsy Kelly family’s feelings of vindication are beginning to sink in
The Kelly family solicitor, Adrian O'Kane, stated: "The suggestion that the Kelly family obtained all the relevant answers from the PONI report is both wrong and misconceived.
"The Police Ombudsman, by definition, is confined to examination of issues relating to the conduct of the RUC/PSNI.
"The Kelly family have always contended that all of the other components of the State – including [the] Ministry of Defence and the Security Services – have important issues to address and questions to answer resulting from the death of Patsy Kelly.
"These can only be properly and fully addressed in a fresh Inquest."
The family added: "After a campaign of almost 50 years, the placement of obstacles by British authorities to the truth is nothing new to our family.
"This is another truth obstacle that we will overcome. We are never giving up."
The spokesperson for the Attorney General added: "The matter can be re-visited should further relevant evidence come to light, or further submissions be received.
"As is the case in relation to all applications, the Attorney General would welcome any such submissions."
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