Thierafurth legacy case to be heard next month

Thierafurth legacy case to be heard next month

4 October 2023

A HIGH Court judge has ruled that legal challenges to the provisions of the Government’s new legacy act must be heard in November.

The ruling by Mr Justice Colton came after he was told that the number of judicial review applications against the act has now grown to 19.

Aspects of the laws include a limited form of immunity from prosecution for Troubles-related offences to those who co-operate with the new Independent Commission for Reconciliation and Information Recovery. 

It will also halt future civil cases and inquests. 

Mr John McEvoy, who was seriously injured in a terrorist attack at bar in Kilcoo in November 1992, is one of those seeking a judicial review.

He survived the UVF gun attack on the Thierafurth Inn over 30 years ago which claimed the life of 42 year-old Peter McCormack.

Mr McEvoy was one of three people seriously wounded when the terror gang burst into the rural pub and opened fire during a darts tournament.

The shooting has been linked to members of the same loyalist gang believed to be responsible for the massacre of six innocent Catholic men at the Heights Bar in Loughinisland in June 1994 as they watched a World Cup game on television.

Mr McEvoy is one of 19 people who have lodged applications with the High Court in Belfast to challenge the British government’s legacy legislation which has been branded the ‘Bill of Shame’ by opponents.

Last week, a number of relatives of Troubles victims gathered at the Royal Courts of Justice for an update on their legal fight against the new laws.

Lawyers for those mounting the challenges claim the legislation is unconstitutional, unlawful and incompatible with the Human Rights Act.

Mr Justice Colton urged all lawyers to identify lead cases in a bid to streamline and fast-track proceedings.

Providing an update, he confirmed that he has now received position papers from the applicants which include a joint position paper from four firms of solicitors supplemented by individual position papers in relation to cases they have identified as appropriate to proceed.

“I have also received position papers from others who are not part of that position paper,” the judge continued.

Mr Justice Colton said he would give directions next week as to how the case should proceed.

Representing the government, Tony McGleenan KC said: “We have received a large number of position papers, some of them overnight. There are now 19 judicial reviews.”

Mr Justice Colton said: “I should indicate in terms of hearing the case, my intention is to list these cases. I will set aside a week on November 13.

“I know that it is going to be impossible to please everybody but we have to pick a target date here. Not everybody here will be appearing, we can’t accommodate everybody.”

The judge added: “If the lead counsel in the case want to discuss dates, but it has to be in and around that time, this case has to be heard sometime in November. If you can’t agree I will simply have to set a date.”