Loughgall attack: 'Not enough time' for inquest ahead of legacy deadline

An aerial view of the aftermath of the IRA ambush at Loughgall RUC station in 1987

There is not enough time for a new inquest into the deaths of eight IRA men and a civilian shot dead by the SAS before a Troubles case deadline comes into force, a coroner has said.

The men were shot dead by soldiers in Loughgall, County Armagh, in 1987.

The corner said the inquest would take six months to complete.

He added that this was not enough time to complete it before the cut-off date imposed by a law that will halt new Troubles-era death investigations.

Last month, the Westminster government's controversial Troubles legacy bill became law, despite widespread opposition from political parties and victims' groups.

However Mr Justice McAlinden added that preparation work for the inquest should still continue, as there are ongoing legal challenges against the new legislation and also a potential Westminster election next year that may affect the how the legislation is implemented.

The nine Army shootings in Loughgall were among the most controversial of the Troubles.

The eight IRA members were killed as they mounted a gun and bomb attack on Loughgall police station on 8 May 1987.

Eight IRA men were shot dead by undercover soldiers

They were shot dead by soldiers from the Special Air Service (SAS) during a fierce gun battle.

Anthony Hughes, a civilian who was travelling through the village in a car at the time, was also shot dead.

• Controversial Troubles legacy bill becomes law

• What is the Northern Ireland Legacy Bill?

• New inquests into Loughgall killings

The Northern Ireland Troubles (Legacy and Reconciliation) Act will halt future inquests and civil cases which have not concluded by 1 May 2024.

After that cut-off point, Troubles-era legal cases are to be passed to a new organisation - the Independent Commission for Reconciliation and Information Recovery (ICRIR).

At an inquest preliminary hearing on Friday, Justice McAlinden said the impending deadline would mean the Loughgall inquest would have to start in November, to finish by the May deadline - and that this was not possible.

'Should not sit on their hands'

Lawyers representing the Ministry of Defence (MoD) and the Police Service of Northern Ireland (PSNI) said work to prepare for the Loughgall inquest would have an impact on the preparation for other cases.

"There are other cases listed, other cases indeed similar in nature to this that are listed and stand a prospect of being completed by 1 May," said the MoD's barrister.

Mr Justice McAlinden said the court has to be aware of the risk of "imposing unachievable burdens upon state agencies", and "potentially interfering with the successful completion of other cases".

But he ruled that the work must continue and said state agencies "should not simply sit on their hands and wait for that date (May 1 2024) to expire".

He pointed out that there is "no guarantee that date will remain cast in stone", in light of legal challenges and a general election next year.

"In those circumstances, to permit the downing of tools at this stage would be an abdication of this court's responsibility to ensure that these deaths are investigated and to ensure there is meaningful progress in the investigation of this matter," he said.

He ordered the MoD and PSNI to "come back within six weeks with proposals and business plans" to ensure "some meaningful progress can be made" in relation to the Loughgall inquest.