Patsy Duffy family say MoD ‘using every trick’ to stop inquest into shooting by British soldiers

Mr. Duffy was shot dead by an undercover British Army unit in Derry on November 24, 1978, when he went to check on weapons that were being held on behalf of the IRA in a house in Maureen Avenue in the city.

The 50-year-old father of six was unarmed and alone when British soldiers opened fire striking him at least 14 times, according to an original inquest held in 1980.

Mr. Duffy’s family have been campaigning for justice for almost half a century and were granted a fresh inquest by the Attorney General for Northern Ireland in March 2019.

However, in a written ruling on January 26, 2024, Coroner Fiona Bagnall accepted oral evidence provided by a MoD witness at an earlier hearing that contended the earliest date that the MoD could provide discovery of sensitive material would be July 2024.

Mr. Duffy’s daughter Martina said: “It seems that the MoD are using every trick to stop our father’s inquest, and now they think they have succeeded. But we have overcome decades of delays and setbacks, and we will continue to fight in the courts here and in Europe.

"Our father was shot 14 times by the army in that house. He was alone and unarmed. We want to know why.”

In her ruling Judge Bagnall explained that Section 44 of the NI Troubles (Legacy and Reconciliation) Act 2023 “provides a ‘cut off’ date of May 1, 2024 whereby any legacy inquest that has not completed, or completed save for the delivery of the verdict, will be automatically stopped”.

In her ruling she states that it ‘is not appropriate to list and hear this inquest in the absence of full MoD sensitive disclosure’ and that ‘sadly there is no prospect of this inquest being conducted and concluded (save for my findings) in accordance with Section 44 of the NI Troubles (Legacy and Reconciliation) Act 2023’.

Patricia Coyle, solicitor for the family, from Harte Coyle Collins, Solicitors & Advocates, pointed out that a fresh inquest had been ordered in March 2019 while a first preliminary hearing was held in September 2019, long in advance of the introduction of the NI Troubles (Legacy and Reconciliation) Bill at Westminster in May 2022, and five years ahead of what would become the legacy ‘cut-off’ date of May 2024.

Ms. Coyle referred to a declaration by an MoD witness, cited in the Coroner’s written ruling, that ‘there was only one Subject Matter Expert (SME) servicing all the Special Military Unit (SMU) inquests and this has contributed to the timetable for completing disclosure of sensitive material in this inquest’.

"It is beyond credulity that the MoD have only one person completing this work for all inquests in Northern Ireland when the courts have expanded their resources to conclude those granted.

"It is insulting, not only to our clients but to the rule of law, that having had four years to complete this work, [they] now come to the court to claim they cannot complete it until two months after the legacy deadline,” she said.

Sara Duddy from the Pat Finucane Centre said: "This is clearly a case of state agencies bending over backwards to sabotage these inquests. It is clear that the MoD does not want to complete discovery in this case, and it seems they are using the resource issue to try to thwart all inquests concerning the military, as this excuse is churned out on repeat time and time again.

"We are now seeing the outworking of the ‘legacy act’ that is having real, devastating effects of families. The Duffy’s have spent over 40 years seeking the truth about the assassination of their father.

Patsy Duffy inquest PE hears claim July 2024 disclosure date a ‘form of sabotage’

"They will not allow a ‘resource issue’ at the eleventh hour stop them for receiving answers."

A MoD spokesperson said: “We are fully cooperating with this inquest and a MoD representative attended a court hearing on January 19 to provide information on what resourcing can assist the Coroner in deciding whether the proceedings can be completed before May 1, 2024.

"As these legal proceedings are ongoing, it would be inappropriate to comment further on this matter.”

Lawyers for the family lodged an application to the European Court of Human Rights at Strasbourg challenging the provisions of the ‘legacy act’ and raising the specific concern that the failure of the MoD to complete the disclosure process might result in this inquest not being heard before the May 1, 2024 deadline.

In her written ruling on January 26 the Coroner said: “Sadly there is no prospect of this inquest being conducted and concluded (save for my findings) in accordance with section 44 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

"In the circumstances outlined above I do not see any sufficient merit in listing this inquest for hearing, I consider in the circumstances that would be a nugatory exercise and I am satisfied would not change the direction of travel in relation to progressing the outstanding issues, which can be addressed by ongoing case management.”

She directed that the MoD report back to her on the status of the sensitive preparation this month. A further inquest court review is scheduled to take place in the week commencing February 26, 2024.

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