A man shot in an IRA attack that allegedly involved a British agent has lost a High Court battle against the police for temporarily diverting all available legacy-related resources to the Omagh bombing inquiry.
Desmond McCabe claimed the Police Service of Northern Ireland (PSNI) decision to put other sensitive research work on hold for six months unlawfully breached an entitlement to have his claim for damages against Peter Keeley determined within a reasonable time.
But a judge dismissed the challenge mounted on an alleged violation of Article 6 of the European Convention on Human Rights.
Mr Justice Humphreys ruled on Friday: “The uncontroverted evidence in this case is that no delay at all, let alone unreasonable delay ... has been caused by the impugned decision.”
Middle East in maps: Key territories in the current conflict
What’s stopping us converting Dublin’s O’Connell St into a residential neighbourhood?
Ireland backs €150bn defence plan as EU moves to rearm
Michael Gaine murder: Ex-partner of suspect Michael Kelley says he became ‘very unstable’ after 9/11 attacks
Mr McCabe survived an attempted murder bid carried out by the IRA in the Newry area in November 1990.
The shooting was among a series of attacks allegedly linked to Mr Keeley, a former British spy who infiltrated the Provisionals and who uses the pseudonym Kevin Fulton.
Damages are being sought against the one-time agent, along with the police and ministry of defence, in a claim for negligence, misfeasance in public office, conspiracy, assault, battery and trespass.
In March this year it was announced that all qualified PSNI researchers were being assigned to sensitive work on behalf of the public inquiry into the Real IRA bombing of Omagh in August 1998 which claimed the lives of 29 people, including a woman pregnant with twins.
The request for material on 32 other dissident republican attacks in the 1990s led to the PSNI pausing all other sensitive legacy-related casework for six months due to underfunding and resources.
Mr McCabe’s lawyers claimed the decision was irrational and unlawfully breached Article 6 rights to have his civil action dealt with.
Judicial review proceedings were brought against the chief constable, and also the Department of Justice for an alleged failure to provide the necessary resources to progress legacy litigation.
But police insisted they have already provided sensitive discovery in a lead case among the series of actions related to the alleged activities of Mr Keely.
Correspondence on behalf of the PSNI contended that the temporary redirection of sensitive research resources was not affecting the civil action.
“No delay has been occasioned to the lead case, or Desmond McCabe’s case, as a result of the Omagh bombing inquiry related reallocation of resources,” it stated.
Based on those assertions, Mr Justice Humphreys ruled that the challenge had no legal merit and must be dismissed.
He confirmed: “The applicant has not established any arguable case with realistic prospects of success.”
