HARTE COYLE COLLINS SOLICITORS & ADVOCATES
VICTIMS’ RELATIVES LODGE JUDICIAL REVIEW CHALLENGES TO LEGACY BILL AT BELFAST HIGHT COURT ON 13TH SEPTEMBER 2023
ISSUED 15TH SEPTEMBER 2023
Relatives of 3 victims have lodged judicial review proceedings with the High Court in Belfast this week in advance of the final stage of the NI Troubles (Legacy and Reconciliation) Bill 2023.
On Wednesday of this week, 13th September 2023, the next of kin of Annette McGavigan, Thomas Burns and James (Jim) McCann lodged papers at the High Court in Belfast challenging all aspects of the legislation including the amnesty scheme.
Annette McGavigan, a 14 year old schoolgirl, was shot by the British army on the 6th of September 1971 in Derry. Thomas Burns was shot by the British army on the 12th of July 1972 when leaving the Glenpark Social Club in North Belfast. Jim McCann, one of the New Lodge 6, is alleged to have been shot by the British army on the 3rd of February 1973 in Belfast.
The shooting of Annette McGavigan is currently under investigation by the Legacy Investigation Branch of the PSNI. At the time of her death Miss McGavigan was wearing her gym school uniform. She was an innocent schoolgirl. The application to the High Court was launched by her sister May McGavigan who, with other family members, has campaigned for years for justice in relation to Annette’s shooting.
Thomas Burns was an innocent victim who was neither armed nor a member of any paramilitary organisation. He was an ex-serviceman who had served in the British Navy for 10 years. Having served abroad in Malta and Singapore he had returned home in 1965 to live in Belfast with his wife and children. On the 30th of March 2023 the Attorney General for Northern Ireland directed a fresh inquest into the fatal shooting of Thomas Aquinas Burns by the British army on the 13th July 1972 outside the Glen Park Social Club in North Belfast. Responsibility for the fatal shooting of Mr Burns is not disputed by the Ministry of Defence. When he was killed in July 1972 Mr Burns left behind his widow Kathleen Burns and 4 young children Stephen (11), Patricia (6), John (4) and Martin (3). Mrs Kathleen Burns continued to campaign for information into the circumstances of her husband’s killing up to her death in 2007. The application for judicial review to the High Court was launched by Mr Burns’ daughter Patricia Burns who, with her brothers, has campaigned for years for justice in relation to her father’s death.
Daniel McCready is the nephew of Jim McCann who alleges his uncle was shot by the army in the New Lodge area of Belfast on the 3rd of February 1973. Jim McCann was one of six persons shot in what has become known as the New Lodge 6 shootings. In February 2021, the Attorney General for Northern Ireland directed that a fresh inquest take place. The judicial review was launched on Wednesday by Daniel McCready who has campaigned for years for justice in relation to his uncle’s death.
Solicitor for the 3 families, Nichola Harte of Harte Coyle Collins, Solicitors & Advocates said today.
“We remain confident that our judges in Northern Ireland will take the opportunity to objectively and impartially review this unprecedented legislation which seeks to close down all available routes to justice in our court system for private citizens. Our clients are compelled to challenge this law. If they do not then victims across all communities in Northern Ireland will have lost their opportunity to achieve truth, accountability, and justice through the current independent, public court mechanisms.”
The 3 judicial review challenges have been listed for review before Belfast High Court on the 28 September 2023.
The Applicants are represented by Nichola Harte and Patricia Coyle solicitors of Harte Coyle Collins, Solicitors & Advocates, Senior Counsel Dessie Hutton KC, and Junior Counsel Malachy McGowan BL
Contact
Harte Coyle Collins
9-15 Queen Street
Belfast
BT1 6£A
T; 02890 278227
