The family of a murdered councillor are to go to court to challenge the police's handling of the investigation, it emerged today.
Relatives have demanded the Police Service of Northern Ireland stand aside and allow an outside force to investigate the murder of Patrick Kelly, whose body was found in a lake nearly 30 years ago.
Police chiefs have launched a fresh investigation into the killing, but the Kelly family has refused to back it.
They will go to the High Court in Belfast in September in a new move to try to establish an independent inquiry.
Family solicitor Mr Pat Fahy branded the PSNI as an unfit and unsuitable force to investigate the murder.
"We want the courts to intervene so there can be a proper investigation into Patrick's murder," he said.
"The allegations of security force collusion in the case and the failure of the PSNI to properly investigate it to date, means they cannot be seen as a reasonable authority to examine it."
Mr Kelly was found with two 56lb weights strapped to his body in Lough Eyes near Lisbellaw in Co Fermanagh 29 years ago.
The father-of-three disappeared after locking up the Corner Bar in the village of Trillick, Co Tyrone, on July 24th, 1974.
That same night bloodstains, shirt buttons and cartridge cases were found on the roadside a mile from the town, where it is believed he met his killers.
The 33-year-old Catholic's body floated to the surface of the lake three weeks later. He had been shot a number of times.
Police had been under intense pressure to launch a fresh investigation into the murder amid the allegations of collusion.
Nationalists in the area had claimed illegal mobile Ulster Defence Regiment checkpoints were operating in the area on the night Mr Kelly disappeared.
In January 1999, his family claimed they had been told a former UDR man had broken down in public and confessed to being involved in the killing. They said he had wept in a bar before naming members of the UDR who he claimed were involved.
Mr Oliver Gibson, a member of Rev Ian Paisley's Democratic Unionist Party and an ex-soldier in the UDR, is expected to be questioned by detectives investigating the murder. Mr Gibson (69) refused to comment but insisted: "I have nothing to hide and I have nothing to fear."
PA