Patsy Kelly: Family dismayed over rejection of fresh inquest

Patsy Kelly's body was found in a County Fermanagh lake about 20 miles from where he worked in County Tyrone

Northern Ireland's attorney general has rejected calls for a fresh inquest into the killing of a nationalist councillor almost 50 years ago.

The family of Patsy Kelly said they are angered and dismayed by Dame Brenda King's decision.

The 35-year-old was shot dead after being abducted on his way home from work at a pub in Trillick, County Tyrone in 1974.

Mr Kelly's body was found weeks later in a lake in County Fermanagh.

The family made the request for an inquest after a watchdog report stated they were failed by an inadequate police investigation.

The Police Ombudsman report also found evidence of collusive behaviour.

Although loyalists claimed responsibility for the murder, his family have long believed soldiers in the Ulster Defence Regiment (UDR) were involved.

No-one has ever been convicted.

His son Patsy Kelly Jr, who suspects security force collusion in his death, said the refusal was "disgraceful".

He added the move by Dame Brenda King was an "obstruction of the truth" and his family intends to challenge it.

A spokesperson for the attorney general said Dame Brenda "appreciates the Kelly family's disappointment" but that the request had been given "careful and objective consideration".

Last month, a Police Ombudsman report that found that the Kellys were failed by "a wholly inadequate" police investigation.

The Ombudsman Marie Anderson also found there was evidence of collusive behaviour.

At that time, the Kelly family said their concerns were vindicated by the police watchdog's report and they requested that a new coroner re-examine the case.

But on Monday, the family said they were angered and dismayed after being informed their request has been refused.

"It's simply appalling that a fresh inquest hasn't been granted," Patsy Kelly Jr told the BBC's Evening Extra programme.

"A fresh inquest would possess the power to compel witnesses to attend and submit testimonies.

"It's just an absolutely disgraceful decision by the attorney general and it's an obstruction to the process of truth," he added.

Mr Kelly Jr said blood, buttons and fragments of hair had been found at the abduction site in 1974, and there were "numerous pieces of evidence that weren't submitted to the original inquest".

'Enormous hurt'

In a letter sent to the family's solicitor, the Attorney General for Northern Ireland's office stated: "It is difficult to see what more an inquest could add to the sum of knowledge."

Mr Kelly's family said the decision had caused "enormous hurt" and they intend to challenge the decision in court via a judicial review

Mr Kelly's family said the decision to turn down their request for a fresh inquest has angered and dismayed them

Their statement added: "It is important to remember the original inquest delivered an open verdict.

"The Police Ombudsman investigation only had the remit to investigate police misconduct.

"The granting of a fresh inquest would allow the spotlight to focus on UDR involvement in tandem with a UVF unit in Fermanagh."

Their solicitor, Adrian O'Kane, said the attorney general is wrong to suggest the family had obtained all relevant answers from the ombudsman's report.

"The Kelly family have always contended that other components of the state have important questions to answer.

"These can only be properly and fully addressed in a fresh inquest."

A spokesperson for the attorney general, Dame Brenda King, said: "The matter can be re-visited should further relevant evidence come to light or further submissions be received," the statement continued.

"As is the case in relation to all applications, the attorney general would welcome any such submissions."