Joe McCann: Attorney general orders fresh inquest into Official IRA man's death

Joe McCann was shot near his home in the Markets area of Belfast in April 1972

Northern Ireland's Attorney General has ordered a fresh inquest into the death of an Official IRA man in 1972.

Joe McCann, 24, was shot in disputed circumstances near his home in the Markets area of Belfast.

Two former paratroopers accused of the murder were formally acquitted after their trial collapsed in 2021.

The decision comes just days before a Troubles Legacy Act deadline on 1 May when no new Troubles-era inquests or civil court cases will be heard.

Mr McCann's daughter Aine welcomed the decision to order a fresh inquest but acknowledged that the deadline would scupper her family's hopes of it going ahead.

"Like so many other bereaved families, we face the reality that, as it stands, this inquest will not happen and we could once again be left with the bitter taste of injustice and unanswered questions," she said.

Two former members of the Parachute Regiment were due to stand trial in April 2021, but the case collapsed when previous statements they had given to the Historical Enquiries Team (HET) were ruled inadmissible.

Referred to in court as Soldiers A and C and both aged in their 70s, the men had pleaded not guilty to murdering Mr McCann, an activist in the Official IRA, which was formed in 1969 when the IRA split into the Official and Provisional IRA.

The soldiers admitted firing shots but said they had acted lawfully when doing so.

While the soldiers' previous evidence was ruled inadmissible in a criminal trial, Attorney General Dame Brenda King, said "an inquest would not be inhibited from considering the soldiers' written statements and could potentially receive oral evidence from military and other witnesses".

Therefore, an inquest would "be able to provide a public record of what occurred," the attorney general said.

Speaking after the announcement, solicitor Gary Duffy, acting on behalf of the McCann family, said: "There's a real sense of poignancy to this news, coming as it does within days of the government's shut down on all legacy legal processes.

"It debunks the state-propagated myth that conflict‐related cases can't be dealt with properly."

What is the Troubles Legacy Act?

The UK act, which became law in September 2023, was an attempt by the UK government to draw a line under the events of the past.

The legislation will lead to the establishment of an Independent Commission for Reconciliation and Information Recovery (ICRIR).

The aim of this new organisation is to help families find out more about the circumstances of how their loved ones were killed or seriously injured.

However, the act also offers conditional immunity from prosecution to individuals who co-operate with the ICRIR.

Northern Ireland Secretary Chris Heaton-Harris has said the new independent commission offers "a real opportunity to deliver greater information, accountability and acknowledgement to victims and families".

All main Northern Ireland political parties and victims groups oppose the new law.

In relation to the ICRIR, Mr McCann's daughter said that her family rejects that it would provide a "suitable alternative to a new inquest".

"This is not something our family is willing to accept, and we join the voices of other victims and survivors across the north in stating that we will not engage with it," she said.