An inquest into the police killing of a Donegal man was ordered a day before the UK Government Legacy Act shut down historical inquests.
On Tuesday, the Attorney General for Northern Ireland ordered a new inquest into the police killing of Donegal civilian, Michael Leonard in 1973.
This was on the day before the implementation of a new legacy body, the Independent Commission for Reconciliation and Information Recovery (ICRIR), which took over all Troubles-era cases from yesterday (Wednesday, May 1) as part of the Legacy Act.
The government act shuts down all historical inquests from this date and prevents new civil cases from being lodged in court.
The new inquest into the killing of Mr. Leonard was ordered by Attorney General, Brenda King, following concerns about the original inquest.
The Royal Ulster Constabulary (RUC) testified at the original inquest that one of its officers – not in attendance at the inquest – had accidentally fired a shot that had hit Michael.
However, discoveries by the charity, Paper Trail, in London archives proved that the RUC lied and its officers fired multiple shots at the unarmed civilian, chased him in their vehicle and then deliberately shot him as he neared the sanctuary of the Irish Republic and his home in Pettigo, Donegal.
The files also proved that RUC Headquarters and the General Officer Commanding the British Army in Northern Ireland knew the true circumstances of the unlawful killing of the Irish citizen.
Michael’s brother, John Leonard welcomed the Attorney General's decision but said that he is fearful that it will not go ahead due to the Legacy Act.
“Our family welcomes the Attorney General’s decision," he said. "Like so many other bereaved families who have fought for truth and justice for so long, we now face the terrible reality that Britain will not let this inquest go ahead as it wants to protect its killers.
"Our fight for truth and justice will continue regardless.”
Michael’s cousin, Fr. Joseph McVeigh, described the granting of an inquest as "bitter-sweet".
"This is bitter-sweet for Michael’s family as we have been granted a pathway to justice one day, but the British state will steal that from us the next," he said.
"The murder of my cousin Michael Leonard by the RUC in May 1973 was a dastardly crime and not an accident as the RUC and British officials claimed.
"The British state covered it up 51 years ago and its Legacy Act covers it up today.”
Adrian O’Kane, the family’s solicitor at Patrick Fahy and Co. Solicitors said: "For 51 years, the Leonard family has conducted a dignified campaign seeking justice for their loved one. Justice delayed is justice denied. The Legacy Act must be repealed.
"The implementation of the Legacy Act seeks to bring an end to some 35 Inquests which have been directed by the Attorney General, but denied by the British Government in introducing this arbitrary Act, a guillotine effect.
"However, Shadow Secretary of State Hilary Benn MP vows that the next labour Government will repeal the Act.”
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