Challenge to Clonoe ruling is ‘disgraceful’, Sinn Fein says

Moves by the Government to challenge a ruling that SAS soldiers were not justified in killing four IRA members in a 1992 ambush are “disgraceful”, according to Sinn Fein.

Last month, coroner Mr Justice Michael Humphreys found that the soldiers did not have an honest belief in the necessity of using lethal force.

Four Provisional IRA members – Kevin Barry O’Donnell, 21, Sean O’Farrell, 23, Peter Clancy, 19, and Daniel Vincent, 20 – were shot dead in Clonoe, Co Tyrone, minutes after they had carried out a gun attack on Coalisland RUC station in Co Tyrone in February 1992.

In his ruling, Mr Justice Humphreys said no attempt was made by the SAS soldiers to arrest any of the members of the IRA unit, and the operation was not planned and controlled in a way to minimise to the “greatest extent possible” the need to use lethal force.

On Friday, Conservative MP James Cartlidge said he had received confirmation from veterans minister Alistair Carns that the Government would challenge the findings.

Mr Cartlidge had called on the Government to seek a judicial review into the inquest ruling.

In his reply, which the opposition MP shared on X, Mr Carns said the Ministry of Defence has issued a pre-action protocol letter to the coroner which sets out the legal basis for the application for a judicial review.

He said: “I have also agreed to the MoD funding the Specialist Military Unit veterans’ judicial review of the findings, this is expected to run adjacent to MoD’s application.

“The veterans involved have been, and continue to be, offered welfare and legal support.”

The minister added: “As a veteran, I am deeply proud of the members of the armed forces who, along with police officers and members of the security services, sought to protect communities and peace in Northern Ireland during the Troubles and recognise the difficult choices they faced in extremely challenging operations.

“We owe a great deal to them, and I will continue to champion their cause as we deal with Northern Ireland’s legacy.”

Mr Cartlidge said he was “delighted” with the development, adding that it would be welcomed by veterans.

However, Sinn Fein described the move as “deeply concerning” and “disgraceful”.

Cathal Mallaghan, the party’s MP for Mid Ulster, said: ““This is yet another cynical attempt by the British Government to deny families truth and justice.

“The coroner came to his findings in this case based on the facts. He rightly sent a file to the Public Prosecution Service to take the matter forward.”

Mr Mallaghan said the development highlights concerns over the Independent Commission for Reconciliation and Information Recovery (ICRIR), which was set up by the previous UK government as part of its Legacy Act, but has faced opposition from political parties in Northern Ireland and victims’ organisations.

While the Labour Government is repealing parts of the Act, including the offer of conditional immunity for perpetrators of Troubles killings, it has decided to retain the truth recovery commission.

Mr Mallaghan added: “This case highlights why families have a preference to have inquests and inquiries in their pursuit of justice, as opposed to the ICRIR process, where the British Secretary of State retains a power of veto on what may go into a victim’s family report.

“It is essential that our judicial processes are free to carry out their duties independently, free from state interference.

“The British Government must proceed expeditiously to fully ‘repeal and replace’ the Legacy Act, as it committed to do, including the full reinstatement of all inquests, and all the legacy mechanisms agreed in the Stormont House negotiations, in a human rights-compliant manner.”