Eugene Dalton: 'Good Samaritan' inquest battle could go to ECHR

The attack in August 1988 at Kildrum Gardens became known as the 'Good Samaritan' bombing

The family of one of three neighbours killed by an IRA bomb in Londonderry 35 years ago could go to the European Court of Human Rights (ECHR) to secure a fresh inquest into his death.

The UK's Supreme Court ruled out a new inquest into Sean Dalton's death on Wednesday.

His family said that ruling was "disappointing" but "not unexpected".

Mr Dalton and Sheila Lewis were killed in the 1988 bombing and Gerard Curran died seven months later.

Anurag Deb of KRW Law said: "We will consider the judgment carefully with our client and counsel and consider whether to bring the matter to the European Court of Human Rights at Strasbourg".

The 1988 attack became known as the "Good Samaritan bombing".

That was because the three friends who died had gone to check on a neighbour kidnapped earlier by the IRA.

At the time, the IRA apologised for killing the civilians, saying that the device was intended to kill soldiers.

Murder attempt

Seven Supreme Court judges, including the Lady Chief Justice of Northern Ireland, Dame Siobhan Keegan, arrived at their decision on Wednesday.

In 2013, a Police Ombudsman report found RUC officers had information about an IRA booby-trap bomb at a house in the housing estate but did nothing to warn residents of the possible danger.

The watchdog identified a failure in the police obligation to protect the lives of the public.

The Dalton family previously applied for a fresh inquest into their loved one's death but this was refused by former attorney general John Larkin.

Mr Dalton's daughter Rosaleen launched judicial review proceedings against his decision, claiming such a tribunal could help to establish responsibility for police failures.

In 2017, a High Court judge refused to quash the attorney general's decision, citing the financial and human costs of a further public hearing, which would be unlikely to advance the goal of prosecuting the perpetrators.

But three years later the Court of Appeal reached a different conclusion, ruling in favour of the Dalton family.

The decision by the Supreme Court on Wednesday will be a set back for them and could have implications for other families seeking new inquests in Troubles-related cases.