Cory sees no bar to Finucane inquiry

The Finucane family, Sinn Féin and the SDLP are continuing to pressurise the British government for an immediate inquiry into…

The Finucane family, Sinn Féin and the SDLP are continuing to pressurise the British government for an immediate inquiry into the murder of Pat Finucane, bolstered by comments from Judge Peter Cory, who said yesterday that such an investigation could run in tandem with a current criminal prosecution.

The retired Canadian judge, who recommended independent inquiries into the killings of Mr Finucane, Rosemary Nelson, Robert Hamill and Billy Wright, said yesterday he was "disappointed" that while three of these inquiries would take place soon, the Finucane inquiry was being deferred.

Loyalist Ken Barrett has been charged in connection with the 1989 murder of Mr Finucane, a Belfast solicitor, and his case is due to begin in September. The British government has argued that it would be inappropriate to hold an inquiry into the killing of Mr Finucane while a criminal case was being tried.

However, Judge Cory, in interviews on RTÉ and the BBC, disagreed. "This is one of the occasions where it is better for the community to proceed with the public inquiry, before the prosecution if necessary, because of the length of time that has elapsed and because of the allegations of collusion," he said.

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Judge Cory said that he did not see "anything to prevent the two going together", since the North's judge-only Diplock courts meant there would be no juries to be swayed by an inquiry.

He asserted that the inquiry should take place now for a number of reasons: for the sake of the Finucane family, who had been waiting 15 years; because it had been promised in the Weston Park talks; because so much time had elapsed that there was a danger that key witnesses could die; and because the criminal case could take an interminable time, with the possibility of appeals and of others being charged.

Judge Cory was implicitly critical of the Ulster Unionist leader, Mr David Trimble, who suggested with House of Commons privilege that the solicitors Mr Finucane and Ms Nelson had IRA connections.

"Nothing in the material that I reviewed indicated that they personally had links with the IRA," the judge said.

Mr Finucane's son, Michael, who is also a solicitor, welcomed the judge's comments. "He has demonstrated that he is not prepared to take a back seat," he said, calling on the British government to accept Judge Cory's comments and proceed immediately with an inquiry.

The Sinn Féin president, Mr Gerry Adams, has sought an "urgent" meeting with the Northern Secretary, Mr Paul Murphy, on the Finucane case. He said that he would be raising the matter directly with the British Prime Minister, Mr Tony Blair, adding that Mr Martin McGuinness would be seeking a meeting with the Minister for Foreign Affairs, Mr Cowen.

The SDLP policing spokesman, Mr Alex Attwood, said that the party would be intensifying its lobbying for an immediate inquiry. "Judge Cory is absolutely right. There is no justification for delaying any longer. Tony Blair has no hiding place from those who are calling for a Finucane inquiry now . . ."

Gerry Moriarty

Gerry Moriarty

Gerry Moriarty is the former Northern editor of The Irish Times