A loyalist hitman jailed for the “chilling execution” of a Catholic taxi driver has been irrationally denied the opportunity of an early release, the High Court has heard.
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Due to the potential for a resolution, a three-week adjournment was sought.
Opposing the application, Mr Macdonald argued that a mandatory order should be made now “requiring the Executive Office to do what they should have done this time last year”.
He insisted: “These discussions, in one form or another, have been going on since October 2019 when the legislation came into force.
“The obligation to make the payments was in force last year.”
However, a barrister representing the Executive Office said there was a “misunderstanding” about the extent of funding available to his client.
“The position has always been that the Executive Office will fund the scheme when it has the money. It doesn’t have the money,” Philip McAteer said.
Resource issues should not give the State impunity from ensuring the Police Ombudsman can fulfil a legal duty to investigate controversial Troubles killings, the High Court heard today.
Lawyers for the widow of one of three IRA men shot dead by the SAS claimed a systemic lack of funding for the watchdog amounted to a breach of her human rights.
Gerard Harte, his brother Martin, and Brian Mullan died in an ambush at Drumnakilly, Co Tyrone in 1988.
The number of shots fired sparked claims they were victims of a shoot-to-kill policy.
Roisin Harte was reportedly told in 2018 that a complaint relating to her husband s death had not been prioritised for investigation by the Ombudsman due to a lack of resources. She is now taking legal action over an alleged failure to carry out a proper probe into the wider circumstances because of those budget constraints.
Judgment reserved in legal action over lack of funds of Ombudsman investigation The High Court in Belfast 09 February, 2021 16:47
RESOURCE issues should not give the State impunity from ensuring the Police Ombudsman can fulfil a legal duty to investigate controversial Troubles killings, the High Court heard today.
Lawyers for the widow of one of three IRA men shot dead by the SAS claimed a systemic lack of funding for the watchdog amounted to a breach of her human rights.
Gerard Harte, his brother Martin, and Brian Mullan died in an ambush at Drumnakilly, Co Tyrone in 1988.
The number of shots fired sparked claims they were victims of a shoot-to-kill policy.