Police ombudsman finds officers 'not held to account' for 1969 killings

Nine-year-old Patrick Rooney was the first child killed in the Troubles

Police officers who killed four people at the start of the Troubles were never held to account due to investigative failings, a report has found.

One of the four, nine-year-old Patrick Rooney, was the first child killed in the Troubles.

The police ombudsman also stated the use of machine guns by officers to deal with rioting in Belfast in 1969 was "disproportionate and dangerous".

No former officers can be prosecuted due to a lack of evidence.

The ombudsman, Marie Anderson, has published a 128-page report covering the deaths of four people during severe rioting in the city on 14 and 15 August 1969.

She said their relatives were justified in believing they died "without good reason".

Who were the victims?

Nine-year-old Patrick Rooney - the first child killed in the Troubles - was hit in his bedroom by one of the shots fired to disperse rioters at Divis flats.

A separate incident in the same area also claimed the life of off-duty soldier Hugh McCabe, 20, killed by a police marksman who stated he was returning gunfire, though no witnesses saw anyone armed.

Samuel McLarnon, 27, was shot dead while he stood at a window in his house at Herbert Street in Ardoyne.

Michael Lynch, 28, was killed in nearby Butler Street by an officer who claimed he had seen "gun flashes".

Soldiers on the Falls Road in Belfast in 1969

The four deaths occurred at a time of serious civil unrest which saw the arrival of British soldiers on to the streets of Northern Ireland to help restore order.

The ombudsman's report concluded that "even allowing for the tumultuous circumstances of the time", the Royal Ulster Constabulary (RUC) failed to effectively investigate any of the deaths.

It noted there had been limited enquiries, inadequate forensic examinations and no evidence any officer had been interviewed for potential criminal or misconduct offences.

'Deceased or unwell'

Mrs Anderson said it was "a matter of regret" that her investigation was unable to identify the individual police officers who were responsible.

She said that if proactive action had been taken at the time it may have been possible to determine responsibility for each of the deaths.

"Unfortunately, responsibility cannot be determined over 51 years later, given the passage of time and the fact many witnesses and former police officers who may well have been able to assist are now deceased or unwell," she said.

Marie Anderson said it would not be possible to seek prosecutions

'It was just horrific'

Con Rooney was eight-years-old on the night his nine-year-old brother, Patrick, was shot.

He said he remembered seeing a bullet rip through his family's flat and his father saying Patrick had been shot.

He thought Patrick had slumped down and fainted but noticed his mother's beige coat was saturated with blood.

"It was just horrific," he said. "They put him on the bed and just started screaming and crying and they got down and prayed, it was just pandemonium."

He said a couple of other family members were in the room at the time sheltering from the gun fire "where my father thought it was safe for us to be".

Nine-year-old Patrick Rooney was hit in his bedroom by one of the shots fired to disperse rioters at Divis flats

Mr Rooney said he believes that if police had "properly investigated" the killings at the time there would have been prosecutions.

"They've covered every base for themselves as regards to the evidence at the time, it's been left too long and I'm very, very disappointed.

He said that his father passed away eight years ago and feels "so sorry for my mummy and daddy for all the years we've been fighting".

He added that he does not want to see legislation brought in to restrict future prosecutions of British soldiers who served in Northern Ireland during the Troubles.

"You need investigations to get to the truth for families to close the door and, obviously, I don't think it's right.

"Sorry is not good enough. It's a thing that shouldn't have happened because Patrick was in the right place at the wrong time, he was in his home."

'Completely unjustified'

Reacting to the report, the family of Mr McCabe said they were "extremely disappointed" the ombudsman failed to find his killing to have been unlawful.

"He was himself a soldier, on leave from his regiment. Some of his senior officers attended his funeral, something they would never have done if he had been firing on police," said his daughter, Liz McCabe.

Relatives of Mr Lynch said a proper investigation at the time "was never likely to happen with the RUC".

"It was completely unjustified. He wasn't doing anything to get shot. He was trying to get home," they added.

The Police Service of Northern Ireland (PSNI) said it was considering the findings of the report.

Deputy Chief Constable Mark Hamilton said: "Our thoughts today are first and foremost with the families of Patrick Rooney, Hugh McCabe, Samuel McLarnon and Michael Lynch.

"We respect and acknowledge the hurt and suffering of each of the bereaved families, and we offer our sincerest and heartfelt sympathies to them for the loss they endured."