Former Northern Ireland minister calls for judicial review after Clonoe inquest

Former Northern Ireland first minister Arlene Foster has called for a probe into a coroner’s finding that the use of lethal force against four Provisional IRA members was not justified.

Baroness Foster of Aghadrumsee said on Wednesday the coroner’s finding – that a British military unit unreasonably killed four men in Co Tyrone 32 years ago – was “perverse”.

Baroness Anderson of Stoke-on-Trent, speaking on the Government’s behalf in the House of Lords, said she will make sure defence ministers “reflect” on the former first minister’s words.

SAS soldiers shot dead Kevin Barry O’Donnell, 21, Sean O’Farrell, 23, Peter Clancy, 19, and Daniel Vincent, 20 in 1992 at St Patrick’s Church car park, Clonoe.

The four men had earlier carried out a gun attack on Coalisland Royal Ulster Constabulary (RUC) station.

An inquest led by Mr Justice Humphreys, which opened in 2023, found that the soldiers fired up to 570 rounds but had made no attempt to arrest any of the members of the IRA unit, even as they lay seriously injured and incapacitated.

The coroner found the use of force was “not reasonable” and that the operation was not planned and controlled in a way to minimise to the “greatest extent possible” the need to use lethal force.

He also rejected the soldiers’ claims that the IRA members had opened fire on them, labelling them “demonstrably untrue”.

Baroness Foster, the former DUP leader and now non-affiliated peer, said: “There are many right-thinking people in Northern Ireland and indeed across the UK who see this judgment as perverse, irrational and wholly unreasonable.

“Given that that is the case, will she communicate that to the Ministry of Defence (MoD) and urge them to judicially review this decision?”

Baroness Anderson replied: “I’ll make sure that the appropriate officials and ministers at the Ministry of Defence reflect on the words that have been spoken in this chamber.”

Non-affiliated peer Baroness Hoey had earlier told peers Mr Justice Humphreys’ findings went “way beyond the role of a coroner’s powers, to guess what the soldiers were thinking”.

Baroness O’Loan said: “I speak as a victim of the IRA and I condemn unequivocally every atrocity which happened everywhere.”

She continued: “The security forces actually had a well-planned intelligence-led operation here.

“The evidence is that 20 minutes after the attack by these IRA men, they were returning to the car park, the army were waiting for them.

“The army unleashed, the coroner says, 570 bullets.

“No bullets were fired by these IRA men and I do not in any way condone what they did, but two of them were running away as they were shot in the back.

“They were then shot in the face by the soldiers as they lay injured.

“Does (Baroness Anderson) agree that it is fundamentally important that wherever they are in the world, our armed forces behave within the rule of law, and that if we are to build a safe and stable future for Northern Ireland, then it must be on the basis of the rule of law?”

In her response, Baroness Anderson said: “Like many in this chamber who have been affected by terrorism, I stand in awe at everything that they continue to do to build peace.

“With regards to our armed forces and operating within the rule of law, I am very proud of how our armed forces operate.

“That isn’t to say there aren’t occasions, however, specifically, there are specific findings of this coroner that have raised concerns on both sides of the community.

“The Ministry of Defence is considering what those mean.”