Moy: McKearney and Fox inquest challenge 'disgraceful'

Kevin and Jack McKearney were attacked in the family butcher shop in Moy

Relatives of four people shot dead by loyalists in Moy have criticised the government for threatening a legal challenge at their inquests.

The inquests cover the deaths of Kevin and John McKearney, and Charles and Teresa Fox in 1992.

An update hearing was told the Secretary of State would act to prevent a judge releasing a brief summary of intelligence information.

Similar legal action is already taking place in another case.

The Fox and McKearney families suspect collusion between paramilitaries and security forces was a factor in the killings in County Tyrone.

Judge Richard Green said he had "a provisional view" that the inquest could not continue and a public inquiry would be the way forward.

Solicitor Gavin Booth (centre) says it is a "disgraceful" attempt by the Secretary of State Chris Heaton-Harris to "stop justice being done"

The families' solicitor Gavin Booth said it was a "disgraceful" attempt by the Secretary of State Chris Heaton-Harris to "stop justice being done".

"We say that material involves state agents working for, employed by, and assisted by the state in these murders and the murders of many other people in the mid-Ulster area in the 1990s," he said outside Laganside Courthouse on Friday.

Mr Booth said this was endorsed by the coroner's view that a public inquiry may be needed.

"Rather than accepting that and endorsing the families' calls for a public inquiry, the Secretary of State has now told the families that he will take them to court like every other family.

"This is a disgraceful attempt to divert justice for families. It's absolutely disgusting."

The solicitor added that the family plans to lodge court proceedings in the High Court "to get the ruling in full for the families so that they can finally get the information that proves that there was collusion in these murders".

Kevin and John McKearney were shot at their family butcher shop in Moy, County Tyrone, in January 1992

Kevin and John McKearney were shot at their family butcher shop in Moy, County Tyrone, in January 1992.

Charles and Teresa Fox were shot dead at their home in September 1992. The Ulster Volunteer Force (UVF) said it carried out all four murders.

Under the terms of the Legacy Act, no further Troubles-era inquests or civil cases can be heard from 1 May.

The inquest into the four deaths began on 22 January 2024.

Kevin McKearney, a father of four, was working behind the counter of the butcher shop on 3 January 1992 when a gunman walked in and shot him several times.

He died at the scene.

His 68-year-old uncle John - known as Jack - was shot and seriously wounded in the attack.

He died from his injuries three months later on 4 April 1992.

Charles and Teresa Fox were found shot dead at their home

The following September Charles and Teresa Fox, aged 63 and 54 respectively, who had a family of six children, were shot dead in their home.

Their bodies were discovered by two of their children the morning after the attack. The couple were the parents-in-law of Kevin McKearney.

State parties 'object to gist'

The long-delayed inquests into the four deaths opened last year, but were then paused while a lengthy public interest immunity (PII) process took place over the disclosure of sensitive security force material.

Mr Greene said he had planned to provide a "short narrative or gist" as part of his PII ruling at Laganside Courthouse on Friday.

But he added: "A significant intervening event has occurred which prevents me from delivering my ruling this afternoon.

"The proposed gist is not accepted by the Security Service and the Northern Ireland Office, who object to its release in open (court)."

He added: "I wanted to deliver the open PII ruling today but as there has been objection from some of the state parties to me providing the narrative or gist to you, I am not going to hand it down to allow for a challenge to be taken to my proposed approach."

The coroner said he had reached a provisional view that his inquiry into the deaths is "seriously compromised because relevant information on issues central to the scope of the inquest cannot be disclosed".

No date was set for the hearing to be resumed.

HET report on killings

The shootings were investigated by the Historical Enquiries Team (HET), a police unit set up to examine Troubles-era killings.

It found that the four murders had been linked.

The McKearney family were well-known in republican circles and felt they were particularly vulnerable to attack, according to the HET report.

Days before the murders, Kevin's mother Maura had received a telephone call threatening that three men "in white coats" would be killed in Moy Square.

The families of the victims were highly critical of the disclosure documents which were heavily redacted

The family, several of whom wore white coats while working at the butcher shop they owned in the centre of the County Tyrone village, reported the call to police through a local councillor.

The HET report concluded that the RUC "did not formally record or investigate the reported death threat".

It stated that the McKearney family were given no police advice about their personal security after they were threatened.

Relatives of all four murder victims have said in the past that they believe collusion between paramilitaries and security forces may have been a factor in the killings.