A fresh inquest has been granted into the murder of Co Tyrone nationalist councillor Patsy Kelly almost 50 years ago.
The Northern Ireland Attorney General, Brenda King, wrote to the Kelly family on Thursday afternoon informing them of her decision, after a refusing a previous request last month.
Mr Kelly’s son, also called Patsy, told The Irish Times they were “overwhelmed” at the U-turn following their decades’ long campaign for answers into the sectarian killing.
“We’re just in shock really. We’ve been through this process and fighting this battle for so long that your expectation levels remain low,” he said.
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A serving independent nationalist councillor in Omagh, Patsy Kelly (35) was last seen driving away from the Corner Bar in Trillick where he worked, in the early hours of July 24th, 1974.
Passionate about civil rights, the father of five was abducted on a nearby road. His body was found three weeks later by fishermen in Lough Eyes, near Lisbellaw, Co Fermanagh, floating in shallow water.. He had been shot six times and a green nylon rope, attached to a 56-pound weight, had been tied around his waist to weigh him down in the lake.
His wife, Teresa, was pregnant at the time with their fifth child.
In April, a scathing NI Police Ombudsman report concluded the Kelly family had been “failed by police” through its “wholly inadequate investigation”.
One of the most damning findings of the watchdog probe – and one the family always suspected – was evidence of “collusive behaviours” between security force members and loyalist paramilitaries.
The Ombudsman criticised RUC detectives for failing to adequately verify the alibis of the 20 Ulster Defence Regiment (UDR) members who may have been on duty the night of the abduction.
On the back of the report the Kelly family applied for a new inquest, branding the original 1970s hearing a “whitewash”.
However, Ms King denied that request, writing: “It is difficult to see what more an inquest could add to the sum of knowledge.”
A spokesperson for the Attorney General added the matter had been given “careful and objective consideration”.
The family said the development had caused “enormous hurt” and Mr Kelly’s 81-year-old widow mounted a legal challenge, applying for a judicial review. The court hearing took place on Monday and was attended by Mrs Kelly and her children.
In court on Monday, her legal representative, Desmond Fahy KC, said there was “an urgency of the applicant’s position” given the UK government’s Troubles Legacy Bill that is currently making its way through Parliament.
Under amendments to the controversial bill, Troubles-related inquests must be concluded by May 1st 2024.
In a statement released on Thursday, the Kellys welcomed the granting of a fresh inquest and said they will “immediately ask the presiding coroner to timetable the inquest for hearing”.
The family added: “The opportunity now is real for the truth about Patsy Kelly’s murder to be delivered as evidence in court.
“The Kelly family thank everyone in the community who has given unwavering support during the past 49 years.
“In Teresa Kelly’s words after court on Monday, ‘the fight goes on’.”
