A Dublin man who lost three members of his family in the 1974 loyalist bombings in Dublin has been refused a High Court order allowing him to inspect Garda files.
Mr Patrick Doyle, of Kildonan Road, Finglas, sought access to all Garda information on the bombings to assist him in an action he proposes to take against the British government at the European Commission on Human Rights.
Mr Doyle lost his daughter and two grandchildren in one of the bombings in Talbot Street on May 17th, 1974. He has lodged a complaint with the Commission accusing the RUC and the UK government of failing to take all proper steps to investigate events associated with the bombings.
Ms Justice Laffoy yesterday held that the court did not have jurisdiction to grant the order sought by Mr Doyle. She said it would be a breach of one of the fundamental rules of natural justice for the court to make a finding of very clear proof of wrongdoing by an identified alleged wrongdoer, in this case the RUC, when that alleged wrongdoer was not a party to the proceedings.
In a reserved judgment, Ms Justice Laffoy said Mr Doyle had claimed to be the indirect victim of a violation by the UK of Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and had lodged an application with the European Commission on Human Rights.
The basis of his complaint was that the explosions were directly and proximately linked with criminal activities originating in Belfast and Portadown, on May 17th, 1974, and that the RUC had failed to take appropriate steps to investigate them.
Mr Doyle had alleged the RUC failed to investigate the events in Northern Ireland associated with, and leading to, the unlawful killing of his family and failed to trace and prosecute parties to these events.
Ms Justice Laffoy said Mr Doyle specifically alleged the RUC failed to follow up information, including information concerning possible suspects, supplied by the Garda and failed to adequately liaise with the Garda.
He had sought a declaration of entitlement to access to information in Garda possession concerning the investigation of the bombings, claiming such access was necessary to vindicate his rights under the European convention. He had also sought discovery of all documents in Garda possession concerning those investigations.
Ms Justice Laffoy said Mr Doyle's application had been registered by the Commission on May 21st and a member of the Commission was to carry out a preliminary examination and report to the Commission on its admissibility.
Mr Doyle's solicitors had said the sources of evidence they sought for this preliminary examination were Garda records, RUC files and a Yorkshire Tyne Tees television programme called Hidden Hand: The Forgotten Massacre.
She said the only evidence on behalf of Mr Doyle at the High Court hearing was the evidence of his solicitor, Mr Greg O'Neill, who proved correspondence which had passed between him and the RUC Chief Constable.
In a letter from the assistant chief constable of crime it had been stated that inquiries into the theft of the cars and related offences had not been successfully concluded. Despite some arrests on suspicion of involvement in these car thefts, no one had been made amenable.
The letter also stated that, as the murders occurred outside Northern Ireland, no formal murder inquiry had been conducted by the RUC but that full co-operation had been extended to the Garda.
The assistant chief constable had confirmed that a list of suspects compiled by the Garda had been given to the RUC. Arrests and interviews were made in relation to the car thefts and the murders and details passed to the Garda.