Relatives of Belfast murder victim Kevin McGuigan in exhumation row

Relatives of a murdered ex-IRA prisoner are to attempt an alternative resolution in their dispute over attempts to have his body exhumed, a High Court judge has directed.

Mr Justice Rooney put a legal challenge by the widow of Kevin McGuigan on hold to enable a process aimed at reaching an agreement with his mother.

McGuigan, 53, was shot dead in front of his wife Dolores at their home in the Short Strand, east Belfast in August 2015.

Republicans were suspected of sanctioning the father-of-nine’s murder amid disputed claims he was involved in the killing of former IRA commander Gerard ‘Jock’ Davison in the Markets area of the city three months previously.

McGuigan is currently buried in a plot owned by his mother at Belfast City Cemetery.

But his widow wants his remains exhumed for interment in the same grave as their late daughter. 

In August 2021 the Department for Communities turned down a request to be allowed to move the body.

The decision was taken after the murder victim’s mother refused consent to the exhumation.

Revised policy guidance states that without agreement from the owner, a grave can only be opened in exceptional circumstances.

Mrs McGuigan, as her husband’s nearest surviving relative, is seeking to judicially review the Department’s determination.

She alleges that the refusal breaches her entitlement to private and family life under Article 8 of the European Convention on Human Rights.

In a statement she described the “devastating impact” of her husband’s shooting and being unable to take part in the decision-making process about his burial.

The couple’s terminally ill daughter made a request to her grandmother to be buried with her father before she died, it was alleged.

Counsel for Mrs McGuigan claim the department failed to properly balance her rights against the property rights of her mother-in-law.

In court on Tuesday, Hugh Southey KC stressed his client wishes to exhume her husband’s body, rather than making any claim for exclusive rights to the current plot.

“She is clear that she wants the bodies to be reunited at the place of burial of their daughter,” he said.

However, following lengthy exchanges about potentially conflicting new affidavits, Mr Justice Rooney decided the case could not proceed at this stage.

Based on recommendations by counsel on behalf of the department, he adjourned the hearing for 10 weeks to allow all sides to explore possible mediation or alternative dispute resolution options.

If no breakthrough is achieved in that period, the legal challenge could then be converted into a writ action.

“This must be one of those cases where the parties can put their heads together and see if there’s a way in which they can sort this matter out,” the judge said.

“That must be the way forward rather than have the court make a determination when there’s going to be a loser and a winner.

“If there can be a settlement and some reconciliation, if there can be some agreement, then both parties are winners.”

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.