Families of loyalist paramilitary victims seek damages
by Vincent Kearney, https://www.facebook.com/rtenews/ · RTE.ieA civil legal action seeking damages from the British government for relatives of victims of loyalist paramilitaries has opened in Belfast.
Lawyers are acting for two families who allege that the UK assisted and facilitated the importation of weapons used to murder their loved ones.
But the outcome of the trial at the High Court in Belfast, which is scheduled to run for five days, could have much wider implications as the weapons have been linked to at least 70 murders and hundreds of other incidents.
Dozens of relatives of victims and survivors of attacks linked to the weapons shipment are expected to attend the opening of the trial.
Belfast legal firm KRW Law said it believed it is the first civil trial in Northern Ireland to address the issue of state liability for collusion.
"The issue of state liability has never been addressed," solicitor Setanta Marley said in a statement.
"That is the purpose of this trial; to determine state liability for any deaths or injuries caused by weapons that emanated from this shipment," he added.
Weapons at centre of case
The weapons at the centre of the case were part of a huge consignment bought in South Africa and imported into Northern Ireland in 1987 by three different loyalist organisations, the UDA, UVF and Ulster Resistance.
It included VZ58 assault rifles, Browning type 9mm semi-automatic pistols, tens of thousands of rounds of ammunition, hand grenades and RPG rocket launchers.
In a report published in June 2016, Northern Ireland's Police Ombudsman said two of the weapons from the shipment had been used in the UVF attack on the Heights Bar in Loughinisland on 18 June 1994, in which six people were killed and five others were injured.
The ombudsman, Dr Michael Maguire, said he believed state informants had been involved "in the procurement and distribution of the weapons, including individuals at the most senior levels of the organisation(s) responsible for the importation".
His report said intelligence information about the role of loyalist paramilitary commanders was not passed on to detectives investigating the arms importation and consequently many were not subject of the investigation.
Dr Maguire described the decision by RUC Special Branch not to disseminate the information as "indefensible".
The action against the UK has been brought by Pat Frizzell on behalf of his brother Brian Frizzell, and Margaret Lundy on behalf of her husband Alan Lundy.
Mr Frizzell was one of three Catholics shot dead in a UVF attack on a mobile shop in Craigavon in March 1991.
Mr Lundy was murdered by the UDA in west Belfast in May 1993.
Mr Marley said in his statement: "The VZ58 rifles alone were used in at least 70 murders and numerous other attempted murders after the Loughinisland attack.
"This trial and subsequent judgement will therefore impact on scores, if not hundreds, of cases spanning the late 1980s, 1990s and 2000s and touching every county in this jurisdiction where the weapons from this shipment were used."
The majority of the hearing will be behind closed doors, with no members of the public or media permitted to attend because sensitive intelligence material is at the heart of the case.