Ombudsman wrong to declare collusion in Loughinisland, a High Court judge rules

A report from Northern Ireland's Police Ombudsman which found RUC officers colluded with loyalists who massacred six Catholic men in 1994 was unlawful and procedurally unfair, a High Court judge ruled on Thursday.

Mr Justice McCloskey held that the Ombudsman went beyond his statutory powers in reaching conclusions on the Loughinisland atrocity which are unsustainable in law.

He also found that none of the police officers subjected to "destructive and withering condemnations" of colluding with UVF terrorists in the Heights Bar attack had the protection of due process.

"They were, in effect, accused, tried and convicted without notice and in their absence," he said.

The scathing verdict came in a legal challenge to the Police Ombudsman's report mounted by retired senior policemen Raymond White and Thomas Hawthorne.

A further hearing next month will determine whether the watchdog's findings should be formally quashed.

UVF gunmen opened fire in the Co Down village pub as their victims watched a World Cup football match in June 1994, killing six and wounding five.

• The victims of the Loughinisland Massacre:

• Adrian Rogan, 34

• Malcolm Jenkinson, 53

• Barney Green, 87

• Daniel McCreanor, 59

• Patrick O'Hare, 35

• Eamon Byrne, 39

In June last year the Police Ombudsman, Dr Michael Maguire, said collusion between some officers and the loyalists was a significant feature in the murders.

He found no evidence police had prior knowledge, but identified "catastrophic failings" in the investigation. One of the suspects in the attack was an informer, according to the findings.

Police were also said to have been aware of a UVF gang operating in south Down and involved in previous murders.

Other failures identified in the report included a delay in arresting suspects whose names were known within 24 hours of the shooting.

But Mr White, a representative of the Northern Ireland Retired Police Officers' Association, and Mr Hawthorne, a retired chief superintendent and former sub-divisional commander in the area, challenged the legality of the Ombudman's public statement.

Their lawyers argued that the Ombudsman exceeded his legal powers in creating an "ad hoc" investigative system, and that his report denied rights and protections to those under scrutiny.

The judge held that the Ombudsman's report neither accused nor found him guilty of the "catastrophic failures" in the police investigation.

The determination that RUC officers colluded with UVF terrorists in carrying out the Heights Bar attack was little different from a verdict of guilty beyond reasonable doubt, the judge said.

He pointed out that no police officer was prosecuted for such actions or accused of disciplinary offences.

Expressing regret that his verdict meant finality and closure for the victims' families would again be postponed, the judge stressed his role was to carry out an independent, impartial and dispassionate adjudication.

The Police Ombudsman's Office has expressed disappointment at the High Court judgment.

A spokesman said: “We respect the judgment of the Court, and are clearly disappointed. We will need time over the coming weeks to consider it carefully.

“As we look at the judgment in more detail we will examine all the options open to us including an appeal. Clearly, however, we have to wait until the final outcome of the challenge.

“This judgment may have implications for how Northern Ireland deals with historical matters, affecting not only this Office, but also proposed solutions such as the Historical Inquiries Unit.”