The families of four people shot dead by loyalists in Co Tyrone in 1992 have vowed never to give up after their request for a public inquiry was refused.
Kevin McKearney (32) was shot dead by a UVF gunman inside his family-run butcher shop in the village of Moy in January 1992. His uncle, Jack McKearney (69), was wounded in the same attack and died in hospital three months later.
Later that year, Kevin McKearney’s mother-in-law and father-in-law, Charlie and Teresa Fox — who were 63 and 54 respectively — were shot dead by the UVF inside their home in Moy.
Earlier this year, a coroner said he had been prevented from delivering a “narrative” around the events following a legal challenge from the British government to it being delivered in open court.
Judge Richard Greene KC also said he had reached a provisional view that an inquest into the four deaths could not proceed because of the withholding of sensitive files from the proceedings on national security grounds.
On Thursday, the families said Northern Secretary Hilary Benn had refused their request for a public inquiry. He instead recommended it be investigated by the Independent Commission for Reconciliation and Information Recovery (ICRIR).
The McKearney family has said it will not give up and will not accept an investigation by the agency established by the previous British government’s Legacy Act.
“We as a family are not giving up. Our inquest was stopped by the coroner and a public inquiry was recommended. We want our inquiry and are not accepting a lesser body like the ICRIR. Unfortunately, this Secretary of State is no different than those before him and now we will proceed to court to challenge him,” said Kevin McKearney’s widow, Bernie.
Kevin McKearney’s sister, Angela McKearney, added: “We will continue our campaign for justice and now move for an urgent judicial review against the decision of the Secretary of State.”
Solicitor Gavin Booth of Phoenix Law said: “To be clear, the families do not accept that the ICRIR is capable of discharging the state’s obligation to their family. The family has no faith in this body and no amount of window dressing will change this family’s view and the view of all legacy families of the ICRIR.
“The Secretary of State should now abolish the ICRIR.”
Meanwhile, the family of another man killed by loyalists in 1998 said they have “no confidence” in the new legacy body to investigate allegations of collusion in the case.
Fergal McCusker (29) from Maghera, was killed at the back of a youth club on January 18th, 1998.
Loyalist group the LVF at the time claimed responsibility for the killing. No one has ever been prosecuted or convicted over his death.
Solicitor Pádraig Ó Muirigh, who represents the McCusker family, said they have been left “deeply frustrated” after Mr Benn’s decision not to grant a public inquiry into the case.
Responding, a British government spokesperson said in both cases that Mr Benn had written to the families to inform them of his decision.
“The Secretary of State carefully considered a range of factors in reaching this decision, including the families’ views, the coroner’s ruling, the government’s human rights obligations, and important public interest factors,” added the spokesperson.
“He expressed his enormous sympathy for the families, and encouraged them to meet with Sir Declan Morgan to hear how the Independent Commission on Reconciliation and Information Recovery would approach an investigation into the deaths of their loved ones.”