Fermanagh and Omagh District councillors support Kelly inquest

A motion tabled by Sinn Fein noted recent developments including publication of the Police Ombudsman’s Report into the RUC investigation of his murder and the subsequent decision of the Attorney General refusing a fresh inquest.

Proposer Councillor Stephen McCann explained Patsy was a highly respected and hardworking member of the legacy Omagh District Council.

On 24 July 1974, Patsy was abducted and murdered, and according to Councillor McCann the Ulster Defence Regiment are widely believed to have been responsible.

Three weeks

It would be almost three weeks before Patsy’s remains were discovered floating in water near Lisbellaw, having been attached to a 56lb weight.

He had been shot six times with a .455 calibre revolver.

READ MORE: Patsy Kelly family’s feelings of vindication are beginning to sink in

Councillor McCann said: “Since Patsy’s murder almost 50 years ago, his family have campaigned with the utmost resilience and dignity to find out what exactly happened. They’ve been let down many times with false promises, disruptions and denials. In January 2018 the family complained to the Police Ombudsman and in April this year the findings were published. Significant failings were identified including around UDR alibi witness accounts. There was failure to  make enquires around footwear marks which were similar to boots issued to security forces at that time. There was no record of fingerprint enquiries nor was there any investigation into an anonymous letter sent to the commanding officer of a military establishment naming four UDR members of being involved in Patsy’s murder.”

He also pointed to failings by RUC Special Branch to disseminate and act on intelligence as well as investigative bias and collusive behaviour.

Hard reading

Describing the findings as very hard reading but completely vindicating the Kelly family’s campaign, Councillor McCann said, “They have always alleged the circumstances were covered up. They have been totally failed by a wholly inadequate police investigation. Following the Ombudsman’s report the family petitioned the Attorney General for a fresh inquest which was refused adding additional hurt. They are seeking a judicial review of this decision … A new inquest is required and only that will allow the spotlight to fall on the UDR involvement into Patsy’s murder.”

Seconding, Councillor Glen Campbell commended the Kelly family for their “courage, dignity and dedication” to their 50 year campaign.

“They were most definitely and most grossly failed by the RUC and the British State, however the term failure comes nowhere close to describing the roles played by the RUC and others such as those who colluded in his murder, covered-up and destroyed evidence.

“They succeeded in doing what the British State and their collaborators have done in Ireland for generations. It’s disgraceful that the Attorney General refused a fresh inquest following the Ombudsman’s damning report. It’s vital the family  get the answers they have been fighting for.”

Patsy Kelly Jnr, holds a picture of his late father and mum Theresa holds a copy of the report. (Image: John McVitty)

Councillor Stephen Donnelly, Alliance said Patsy’s murder was: “A brutal and awful taking of innocent life. Decades on it continues to reverberate through his family, Trillick and the wider community. The Ombudsman identified deeply serious findings which should trouble all of us who believe in a society underpinned by respect for the rule of law and the right to life … The door to truth and justice should be shut to no family.”

Democratic Unionist Councillor Errol Thompson remarked: “Patsy’s murder was wrong and we have no problem saying that. It would be useful for the motion proposers and their party be clear about all murders in Northern Ireland. Can you imagine the response if someone made the outrageous claim that there was no alternative but to murder Patsy Kelly? Unfortunately, that’s the stance taken by Sinn Fein in relation to countless other murders.”

He pointed out policing measures 50 years ago were different and actions often had to be taken around risks to officers and the wider public and: “Regrettably, mistakes were made but that is not comparable with an allegation of collusion.

“The Ombudsman used the term ‘collusive behaviour’ which is vague and without any definition in law. It is worth noting not a single prosecution or misconduct file has been brought forward on that terminology.”

Councillor Thompson concluded: “The Kelly family deserve justice but so too do thousands of other families. We are very concerned about the government’s plans to effectively grant an amnesty to those responsible for every murder in Northern Ireland. No family should be denied access to justice. There should be equality of access for everyone. For these reasons my party are against the motion.”

Councillor Adam Gannon SDLP told members: “There are a lot of scars and open wounds to many in terms of what they have faced and been put through. Our thoughts should lie with the Kelly family and there is no doubt the refusal of a fresh inquest has caused significant hurt and distress. It’s simply unacceptable that anyone should not get answers or access to truth and justice.”

All killings

Ulster Unionist Councillor Victor Warrington said his party: “Condemns the killing of Patsy Kelly and indeed the killings of all innocent people by both loyalists and republicans. We recognise the rights of the families of victims of the Troubles to obtain justice.

“This Sinn Fein motion, while echoing these sentiments, has to be balanced against their overall party strategy when First Minister-designate Michelle O’Neill said there was no alternative to the armed struggle. She must recognise this led to a cycle of violence. Sinn Fein have shown they have an undeniable link to the Provisional IRA and so hold the key to justice for families. They cannot continue to call out one side and remain silent on the others. My party will not support a hierarchy of victims. All victims deserve answers and justice. There will never be justification for murder and maiming of anyone.”

The matter went to a vote which passed 27-11.