Michael Stone: Widow Of One Of Loyalist Killer's Victims May Be Legally Barred From Challenging Any Refusal To Hold Inquest, Court Told.
The widow of one of loyalist killer Michael Stone’s victims may be legally barred from challenging the refusal to hold an inquest into her husband’s death, the High Court heard today.
Thomas McErlean was among three mourners murdered by Stone in his infamous gun and grenade attack on an IRA funeral at Milltown Cemetery, west Belfast in March 1988.
His wife, Anne Marie, wants an inquest to examine suspicions about potential security force collusion.
Mrs McErlean has already been granted leave to seek a judicial review of the coroner’s decision not to set up a tribunal under Article 2 of the European Convention on Human Rights.
However, any retrospective investigative obligation is restricted to an established 12-year period before the Human Rights Act came into force in October 2000.
In court today lawyers indicated that the challenge is not covered by the legislative cutoff date.
Philip Henry KC, for the coroner, said: “The key issue is the applicability of Article 2 and how far it stretches back . . "
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