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IRA Volunteer Pearse Jordan was murdered by undercover RUC members on the Falls Road in West Belfast on 25th November 1992. The car he was driving was rammed by the RUC and as Pearse staggered away from the car, he was shot three times in the back. In May 2001, the European Court of Human Rights delivered a landmark ruling which found that the British government had violated human rights laws in the controversial killing of Pearse Jordan and that of several other nationalists and republicans. In response to the European Court rulings, the British government promised a package of measures aimed at satisfying the families of those killed. This package of measures was described as "wholly inadequate" by Sinn Féin's Bairbre de Brún, and Pearse's father, Hugh, has appealed to the twenty-six county government to reject the measures, demanding a new and independent investigation into his son's murder. In November 2002 Hugh Jordan said "For ten years we have been trying to get justice through the British courts system, but we have been frustrated at every turn. This has done nothing to weaken our determination to see justice done, no matter how long it takes." Troops Out Movement support Hugh Jordan in his fight for justice for his son.
Judgement has been reserved in a High Court action taken by the family of slain IRA volunteer Pearse Jordan. In November 1992, Mr Jordan, who was unarmed, was shot three times in the back by an undercover RUC unit on the Falls Road. At the High Court last Friday, counsel for the Jordan family, Mr Seamus Treacy (instructed by Madden and Finucane) argued that the Secretary of State was in continued breach of Article 2 of the European Convention on Human Rights – the right to life – by failing to properly investigate Pearse Jordan's killing. Mr Treacy told the court that nothing has changed since the European Court ruled against the British government on the matter in May 2001. He stated that the government is still in breach of European law and he called upon the Court of Appeal to issue a declaration that such a breach exists, along with an 'order of mandamus' to instruct immediate corrective action from the Secretary of State. Counsel for the Secretary of State, Declan Morgan, argued that the inquest system is the way in which Article 2 is complied with by the state. Speaking to the Andersonstown News following the hearing, however, a spokesperson for Madden and Finucane solicitors explained that Pearse Jordan's inquest is currently adjourned pending full disclosure of relevant material from the state. It could be at least 2005 before the inquest resumes, said the spokesperson. A separate Appeal Court hearing by the Jordan family is scheduled to take place this morning, in a bid to appeal the decision of the Director of Public Prosecutions not to give reasons for its failure to prosecute any of the RUC officers who were involved in the killing of Pearse Jordan.
Support
for Family of Pearse Jordan Commenting on the decision of the High Court in Belfast to dismiss a case taken by the family of Pearse Jordan against the DPP for failing to provide reasons why they failed to prosecute the RUC killer of their son, West Belfast Sinn Féin representative Bairbre de Brún said: "The battle by the family of Pearse Jordan for justice has been a long one. They have been continually frustrated first by the RUC and now by the PSNI. "This latest court battle was an attempt by the Jordan family to seek answers from the DPP around why they failed to prosecute the RUC killer of their son. "Pearse Jordan was an unarmed man shot in the back by the RUC. That is a indisputable fact. "Sinn Féin will continue to support the Jordan family and those other families whose loved ones were killed by the British State or their surrogates in their battle for truth and justice."
Inquest delay as Britain poised to impose secret hearings An inquest into the RUC killing of IRA Volunteer Pearse Jordan in 1992 has been delayed again. The delay comes as the British Government appears poised to impose further legislation which will enable them to hold inquests in secret and presided over by Government-selected coroners. The legislation is part of the Counter-Terrorism Bill currently making its way through the British Parliament. The Bill was introduced in January of this year and had its second reading in the House of Commons in April. The provisions of the bill were not initially intended to apply to the North of Ireland but recently a House of Commons committee passed an amendment to apply the provisions to the Six Counties. The key provisions allow the British Secretary of State to issue a certificate to allow an inquest to be held in secret. The grounds are very broad and included the interests of “national security” in the interests of a relationship with another country and generally within the “public interest”. In what can only be identified as executive interference, the Bill also allows the Secretary of State to replace the coroner with a specially-selected coroner of their own choosing. Significantly, the new legislation would impact not only on subsequent inquests but also on inquests already opened but subject to delay such as the Pearse Jordan inquest. The inquest into the death of Pearse Jordan is one of a number involving controversial killings by British crown forces to have been subjected to repeated and lengthy delay. According to the campaign and support group Relatives for Justice, the new legislation would impact directly on between 40 and 50 outstanding inquests, all involving British crown forces directly or through collusion. The British Government came under international pressure to hold inquests after families of the victims successfully brought the matter before the European Court of Human Rights. In 2001, the European Court castigated the British Government for failing to investigate properly a number of contested killings and ordered new investigations. The Strasbourg court particularly referred to the delay in holding inquests. Pearse Jordan, a 23-year-old from West Belfast, was unarmed when he was shot dead on the Falls Road by an undercover RUC unit in November 1992. Jordan was shot in the back three times as he staggered out of the car he was driving after it was deliberately rammed by two unmarked RUC vehicles. Eyewitnesses said the covert unit immediately opened fire without issuing a verbal warning. Despite the fact that the young man posed no threat, there was no attempt made to arrest him. Speaking at the time, Pearse’s father, Hugh Jordan, immediately called for a public inquiry. “There should be no whitewash over my son’s murder. This was murder, pure and simple, cold-blooded murder,” he said. Since the killing, the Jordan family have fought a long legal battle to have the RUC officers involved in the killing give evidence in court, a battle they recently won after an appeal to the British Law Lords. A ruling by the British House of Lords not only compelled those responsible for the killing to attend the inquest but also widened the scope of the inquest to include more than the restricted ‘findings’ of who, when and how. Announcing the latest delay during a preliminary inquest hearing, senior coroner John Leckey blamed the PSNI and described their failure as “totally unacceptable”. Voicing his frustration at the further delay of the Jordan inquest, the chief coroner expressed concern regarding other outstanding inquests into controversial killings. “I dread to think what is going to happen in the other so called legacy inquests when they are going to start from scratch.” The latest delay emerged after the PSNI, who had been tasked to carry out risk assessments into any potential threat to 13 officers involved in the killing and due to give evidence at the inquest, announced the assessment had not been completed. Coroner Leckey said the PSNI had failed despite being given eight months to carry out the assessments and, while MI5 had taken over some responsibility, the blame lay “fairly and squarely” with the PSNI. The coroner gave a deadline of 6 June and warned the PSNI if they were not completed by then he would “proceed on the basis that they do not need a risk assessment”. But even if the PSNI comply within a month, the coroner conceded the inquest would now not take place until January 2009. Such a delay allows time for the provisions in the British Government’s new Counter-Terrorism bill to be enacted. At the hearing, a barrister representing the family, Karen Quinlivan complained that a number of crucial documents has still not been made available to her legal team. These included radio logs and debriefing notes from the PSNI. The barrister referred to the recent House of Lords ruling that there is a duty to “furnish the coroner with police records”. But a lawyer acting for the PSNI, Tony McGleenan, said there is “a difference of opinion” about the Lords’ ruling. Patterns of obfuscation have become the hallmark of investigations into contested killings carried out by British crown forces. Faced with recent successes of families and campaign groups in compelling the British into holding inquests and challenging the restrictions imposed on coroners’ courts, the British Government has responded by introducing further legislation. Mark Thompson of Relatives for Justice warned that delaying tactics by the PSNI in relation to the Jordan inquest could be an attempt to override the British House of Lords ruling. “It’s not clear if Section 64 of the Anti-Terrorism Bill will be extended to the North of Ireland but it seems more and more likely. So far, British Secretary of State Shaun Woodward has refused to rule it out. “Relatives for Justice will be rigorously challenging any move towards holding inquests in secret. The provisions in the Bill are in direct breach of Article 2 of the European Charter of Human Rights which requires inquests to be independent, transparent and effective. We will be raising this issue in Europe.” The RUC and British Army were and are subject to specific rules of engagement. Despite the fact that these rules have often been blatantly ignored, the British state has refused to pursue prosecutions and has consistently engaged in attempts at cover-up, including delaying inquests.
Documents on police killing to be disclosed The chief constable has been ordered to disclose a list of documents to the parents of an IRA man shot dead by police. A High Court judge ruled that Hugh and Teresa Jordan, whose son Pearse was killed in west Belfast 16 years ago, should be given all non-sensitive files supplied to a coroner. With a long-delayed inquest into the shooting due to open next month, Mr Justice Stephens gave Hugh Orde two weeks to comply with his direction. “I order the chief constable to disclose the documents to the applicant within 14 days and that this should be by way of a comprehensive list of documents,” he said. “I give the chief constable liberty to apply in relation to any claim for privilege or immunity.” Mr and Mrs Jordan were seeking a judicial review over the PSNI’s decision not to provide them with all material supplied to the coroner in relation to their son’s death. Pearse Jordan (22) was gunned down by the RUC in disputed circumstances following a car collision on the Falls Road in November 1992. Applications for two Public Interest Immunity (PII) certificates over certain material are to be considered before the inquest fixed for January 14 opens. Police officers and soldiers due to give evidence at the hearing are also understood to be seeking anonymity. But the Jordan family wanted the High Court to compel the PSNI to hand over everything not covered by PII or legal professional privilege – regardless of the perceived relevance to issues likely to emerge at the inquest. Issuing an order of mandamus compelling the PSNI to disclose the documents, Mr Justice Stephens excluded investigating officers’ reports ruling that their relevance and disclosure would be a matter for the coroner to consider. Mr Justice Stephens also made clear that Mr and Mrs Jordan were to give an undertaking to the court that disclosure of the documents was on a confidential basis solely for use in relation to the inquest.
Legal
hold-up in IRA inquest Confusion over legal representation for anonymous witnesses has been blamed for a fresh hold-up in the long delayed inquest of an IRA man shot dead by police 17 years ago. Administrative oversights in processing anonymity requests from security force members due to give evidence on the death of Pearse Jordan were responsible for the latest postponement, a preliminary hearing was told. The probe into the controversial shooting in west Belfast had been due to start in January, but in a city court this morning coroner Brian Sherrard admitted this timeframe could no longer be met. Mr Sherrard was presiding over the case for the first time, following the decision of Northern Ireland's senior coroner John Leckey to stand down from proceedings earlier this month after Jordan's family raised concerns about his handling of the inquest. In opting to step aside, Mr Leckey's lawyers stressed he did not accept any allegations of bias made against him by the relatives. Jordan, 23, was shot dead by the RUC in disputed circumstances after a car collision on the Falls Road in November 1992. Coroner Sherrard heard that uncertainty over which solicitor represented each of the 13 police officers and five soldiers due to testify at the inquest had resulted in some of them not filing applications for their names to be withheld. It emerged that two policemen who have since left the service - including the sergeant who fired the shot that killed Mr Jordan - have not engaged any lawyer and, as such, no request for anonymity had been made on their behalf. At risk Mr Sherrard said he felt compelled to initiate security service threat assessments for those two individuals in the meantime in order to determine for himself whether revealing their names would put their lives at risk. The coroner was told that some of the other officers had signalled their intention to lodge applications but had not yet done so. A number of the requests are being made at the behest of the Chief Constable. Noting that it would take at least 18 weeks to process the outstanding bids, Mr Sherrard said he had no alternative but to put back the start date to next April. "There's already been an inordinate delay in listing this matter and I fully appreciate the distress this will cause the Jordan family and the other participants who have an interest in this matter," he said. "It's not a desirable situation to be in." Barry Macdonald QC, representing the Jordans, expressed his concern at the further delay. "The family is going to receive this news with some dismay because we had been told that January would be the start date," he said. Mr Sherrard stressed that anonymity would only be granted in exceptional circumstances as the principle of open justice depended on the identity of witnesses being disclosed.
Pearse
Jordan inquest faces further delays British general election could delay Public Interest Immunity applications being dealt with The British general election could prompt a fresh hold-up in the long delayed inquest into the death of 23-year-old IRA Volunteer Pearse Jordan who was shot dead by the RUC eighteen years ago. After years of legal wrangling, the hearing into the controversial killing in west Belfast was set to finally get under way at the end of April. But that has now been thrown into doubt after a lawyer acting for the British security forces told coroner Brian Sherrard that the election may create the need for another postponement. Turlough Montague QC explained that both the PSNI and British army were applying to their government to have certain parts of documentation linked to the shooting withheld ‘in order to protect the public interest’. But he said that during an election campaign the ministers who would consider the applications to hide certain information from public scrutiny (Public Interest Immunity Certificates) would not be performing such duties. “If there’s a general election my instruction is the ministers simply would not be available,” said Mr Montague. The minister who would consider the immunity applications would be Britain’s secretary in the six counties Shaun Woodward, while the British defence minister Bob Ainsworth would examine the case made by the British army. Barry McDonald QC, representing the Jordan family, said the relatives’ frustration at the continued delays was no secret. However, he pointed out that the start date could be put back even further if his clients decided to lodge a judicial review against any of the anonymity requests granted by the coroner. He urged the coroner to allow two weeks between announcing the decisions of the applications and the start of the inquest to facilitate any potential legal challenge. While acknowledging the points made by the lawyers, Mr Sherrard said he was concerned that the “goals were constantly shifting” in regard to dates. But he said there was no point setting a schedule that either of the legal teams were not able to meet. While a new date in mid-May was suggested, Mr Sherrard said he would consider the matter before informing counsel by the end of the week whether he had decided to postpone the hearing. Unarmed IRA Volunteer Pearse Jordan
was shot dead by undercover RUC members on the Falls Road in west
Belfast on 25th November 1992. The car he was driving was rammed by
the RUC and as Pearse staggered away, he was shot three times in the
back.
IRA man's
killer 'not summoned' The policeman who shot dead an IRA man almost 20 years ago is no longer in the UK and may not be summoned to give evidence at his inquest, a coroner's court has heard. Police have no address for the officer, known as Sgt A, and their lawyer said they may not be able to trace him. After years of legal wrangling, the hearing into the controversial death of Pearse Jordan in west Belfast is set to finally get under way later this year. However, Tony McGleenan, barrister for the Police Service of Northern Ireland (PSNI), told the Belfast inquest he was unsure whether the force could trace the man responsible for firing the fatal shot. He added police were willing to act as a "post box" for summoned witnesses living in the UK but confirmed Sgt A was no longer in the jurisdiction. Barry MacDonald QC, barrister for the families, said he did not accept that police were unable to contact people outside the jurisdiction and said there was an obligation in law on the police to attempt to locate the key witness. Coroner Brian Sherrard held a preliminary hearing to consider a range of legal issues surrounding the long-running case, in which Mr Jordan, 23, was shot dead by the RUC, allegedly in the back, after a car crash on the Falls Road in November 1992. There was widespread controversy following the killing with police launching a special investigation to consider the killing and the matter reaching the highest court in Europe, the European Court of Human Rights. Mr Sherrard said he had seen heavily redacted documents about police interviews with MoD witnesses and urged the ministry to produce all the documentation it had about the killing. He said he had read something that would suggest Mr Jordan was known to the Army. "I am simply taking that from a reference that was applied to Mr Jordan's name but if I am right on that, which I suspect I am, it occurs to me that there must be material there both with regards to the operation itself and also with regards to the Army's dealings with and knowledge of Mr Jordan," he added. Mr McGleenan warned there were
1.5 million documents arising from the Stevens Inquiry into security
force collusion, some still in Putney, England, with the disbanded
investigation team and others already transferred to Belfast.
Date
set for Pearse Jordan inquest An inquest into the death of an unarmed IRA man shot by police in west Belfast almost 20 years ago will be held in October. Up to four weeks have been allowed for the Pearse Jordan hearing, said coroner Brian Sherrard. The Belfast Coroner's Court still has to decide on whether up to 20 potential witnesses should be screened when giving evidence. Mr Jordan, 23, was shot dead by the Royal Ulster Constabulary (RUC) in disputed circumstances on the Falls Road in November 1992. "Maybe we should try and prioritise this matter, if we can provisionally think about the third of October for this matter to proceed," said Mr Sherrard. He is also consulting with colleagues about the handling of material from the Stevens inquiry, the London police team which probed security force collusion in controversial conflict deaths. The police service is responsible for using the database and is also represented at the inquest. The coroner said the database could impact on many other cases. "It is important that nothing is done here that casts any doubt on the integrity of the PSNI (Police Service of Northern Ireland)," he said. Mr McGleenan said there was a legal problem in suggesting the family of Mr Jordan's legal team could dictate to the chief constable how the database was used. With massive amounts of material available, the inquest will have to determine what is relevant. Northern Ireland Secretary Owen Paterson will also have to consider issuing public interest immunity certificates to prevent disclosure of certain details which he feels may endanger security. The coroner will also have to
consider all applications for witness anonymity submitted by members
or former members of the police. A review hearing will be held later
this year.
Clarity
call on shooting of unarmed IRA man Recorded details of how a police officer shot dead an unarmed IRA man almost 20 years ago should be disclosed to lawyers for the victim's family, an inquest heard yesterday. Pearse Jordan (23) was killed by the RUC in disputed circumstances in west Belfast in 1992. Coroner Brian Sherrard said he was frustrated progress had not been made on releasing statements from the soldier, known as ‘Sgt A’, and a policeman, also at the scene. Mr Sherrard said: “My priority is to make sure this is done properly. The Jordans and the others have already had a very long wait but I don't think we are doing anybody any favours by rushing this on in the absence of a proper consideration of the material.” NI Secretary Owen Paterson signed a public interest immunity certificate, meaning part of the evidence must be redacted from public view. Counsel for the security forces said material from Sgt A would be available next week but the statement from the policeman, ‘Witness V’, may take longer. The inquest is still scheduled
to start on October 3.
New evidence
delays Jordan inquest A key police witness in the security force killing of an unarmed IRA man had "directorial" influence throughout shoot-to-kill cases, an inquest has heard. Pearse Jordan, 23, was shot dead by the Royal Ulster Constabulary in disputed circumstances in west Belfast almost 20 years ago. His inquest has been delayed until the spring because of the volume of new material made available by the police. A policeman linked to the Jordan case exercised influence which extended throughout the Stalker/Sampson report on controversial security force killings and disclosure of his witness statements, among others, represents the most significant development for more than a decade, coroner Brian Sherrard said. Mr Sherrard told the Belfast hearing the evidence of the policeman, known as Witness V, was highly significant. The coroner said: "What is absolutely clear to me with regard to V is that his influence extends right the way through the Stalker/Sampson reports. Without prejudicing any of these matters, his influence extends throughout the reports and his influence is at a directorial level to some extent." The Stalker/Sampson report involved six people, including IRA men, INLA suspects and a Catholic teenager, who were all shot dead around Lurgan and Armagh in 1982. An investigation into whether police planned to kill them was carried out by former Greater Manchester Police Deputy Chief Constable John Stalker and Sir Colin Sampson of West Yorkshire Police. The killings created huge controversy because of claims they were shot deliberately. Mr Sherrard viewed statements to the Stalker/Sampson team involving the 1992 Jordan killing on Tuesday and has now decided to delay the inquest, which was due to start next month. The coroner added: "Looking at the developments in Mr Jordan's case over the last 19 years, the information I have seen in the last few weeks is of more significance than anything that has come to our attention, possibly in the last six years, maybe in the last 16 years. "My own overwhelming impression of this situation is that there is just simply not the opportunity for us to fully absorb the ramifications of this in the time that is allowed to us. Everybody here will recognise that there are credibility issues that arise. To my mind this goes well beyond credibility."
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