Government rejects calls for public inquiry into murders of four Catholics in Co Tyrone in 1992

The families of four people killed by loyalists in Co Tyrone in 1992 have vowed never to give up after their request for a public inquiry was refused.Kevin McKearney, 32, was shot dead by a UVF gunman inside his family-run butcher shop in the village of Moy in January 1992. His uncle Jack McKearney, 69, was wounded in the same attack and died in hospital three months later.Later that year, Kevin McKearney’s mother-in-law and father-in-law, Charlie and Teresa Fox – who were 63 and 54 respectively – were shot dead by the UVF inside their home in Moy.

Earlier this year, a coroner said he had been prevented from delivering a “narrative” around the events following a legal challenge from the Government to it being delivered in open court.

Judge Richard Greene KC also said he had reached a provisional view that an inquest into the four deaths could not proceed because of the withholding of sensitive files from the proceedings on national security grounds.On Thursday, the families said Secretary of State Hilary Benn had refused their request for a public inquiry, instead recommending it be investigated by the Independent Commission for Reconciliation and Information Recovery (ICRIR).The McKearney family has vowed they will not give up and will not accept an investigation by the body set up by the previous government’s Legacy Act.

Kevin McKearney’s widow Bernie said: “We as a family are not giving up.“Our inquest was stopped by the coroner and a public inquiry was recommended.“We want our inquiry and are not accepting a lesser body like the ICRIR. Unfortunately, this Secretary of State is no different than those before him and now we will proceed to court to challenge him.”Kevin McKearney’s sister Angela McKearney added: “We will continue our campaign for justice and now move for an urgent judicial review against the decision of the Secretary of State.”Solicitor Gavin Booth of Phoenix Law challenged the Labour Government for not having repealed or replaced the Legacy Act.“It has not repealed any of the Act, still less replaced it. Instead, in this decision, the Secretary of State has expressed its ‘full confidence’ in a body which is not independent, and which was expressly designed to protect state officers and agents from being held to account,” he said.“This decision is a disgrace.“To be clear, the families do not accept that the ICRIR is capable of discharging the state’s obligation to their family.“The family has no faith in this body and no amount of window dressing will change this family’s view and the view of all legacy families of the ICRIR.“The Secretary of State should now abolish the ICRIR.”

In a statement, a Northern Ireland Office spokesperson said: ""The Secretary of State has today written to the families of Kevin and John McKearney and Charles and Teresa Fox to inform them of his decision to not establish a public inquiry into their deaths.

“The Secretary of State carefully considered a range of factors in reaching this decision, including the families' views, the coroner’s ruling, the Government’s human rights obligations, and important public interest factors.

"He expressed his enormous sympathy for the families, and encouraged them to meet with Sir Declan Morgan to hear how the Independent Commission on Reconciliation and Information Recovery would approach an investigation into the deaths of their loved ones."

Meanwhile, the family of a man shot dead in Co Londonderry in 1998 have voiced their 'deep frustration' at the government's decision to rule out a public inquiry into his death.29-year-old Fergal McCusker from Maghera was killed at the back of a youth club on January 18 1998.The loyalist group the LVF at the time claimed responsibility for the killing.No one has ever been prosecuted or convicted over his death.

The families’ legal representative, Pádraig Ó Muirigh, said: "This decision by the British Secretary of State to refuse a public inquiry into Fergal’s death is a further sad and frustrating development for the McCusker family who have fought tirelessly for a proper investigation for the 26 years since his death."

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