SAOIRSE32

By Stephen Breen
Belfast Telegraph
Sunday, 18 January 2009

A top solicitor has hit out at the decision not to prosecute ex-Police Ombudsman Nuala O’Loan over her failed probe into the brutal IRA murder of a judge’s daughter.

Belfast-based lawyer Joe Rice criticised the Public Prosecution Service after they told retired judge Tom Travers there was enough evidence to charge Mrs O’Loan over her office’s investigation into his daughter Mary’s murder in 1984.

But the PPS then decided not to pursue the case against Mrs O’Loan on the grounds of ‘public interest’.

A file was sent to the PPS after the former magistrate claimed his right to confidentiality had been breached after he was publicly identified in the report.

He had argued that Mrs O’Loan had breached part three of section 63, of the 1998 Police Northern Ireland Act.

Sunday Life obtained a letter sent to the former judge — who suffered serious injuries in the gun attack — from PPS Assistant Director Pamela Atchison who apologised for not proceeding with the case against Mrs O’Loan.

It stated: “I recognise that the decision of no prosecution will be very disappointing for you and I apologise for any additional distress caused by the period of time which it has formally taken to notify you.”

Mr Travers, who is suffering from cancer, has also received an apology from current Police Ombudsman Al Hutchinson. Mrs O’Loan yesterday refused to comment on Mr Rice’s plans.

Mr Rice urged the PPS to explain its decision.

He said: “It really is up to the PPS to explain why the public interest argument was used for a prosecution not to take place.

“It is also significant that evidence was met in respect against Mrs O’Loan.

“It may well be that we will be seeking a review of the decision not to prosecute Nuala O’Loan.”

The retired judge — who was also seriously injured in the gun attack — claimed in 2004 the RUC failed to investigate the killing because they were protecting a top Provo informer.

The young woman died after she was gunned down in hail of bullets as she walked home with her father from St Brigids Church in south Belfast.

West Belfast woman Mary McArdle was convicted of the murder after being arrested shortly afterwards and found to be in possession of the two handguns used in the killing. Sunday Life knows the name of the alleged gunman, but cannot publish it for legal reasons.

Mr Travers withdrew his complaint in 2006 after raising concerns about Mrs O’Loan’s investigation into the murder.

But she continued with the inquiry and only told Mr Travers of the report on the day of its publication.