Chief Constable Unaware of Legal Challenge on Cause of Death
The chief constable was not informed that lawyers representing the Police Service of Northern Ireland (PSNI) in a civil lawsuit concerning the shooting of three Catholic brothers were disputing the cause of death of one of the victims, the High Court has been told.
Jon Boutcher is currently seeking to appoint a new legal team for the claim filed against both the police and the Ministry of Defence (MoD) related to the loyalist gun attack on John Martin, Brian, and Anthony Reavey.
Legal proceedings have been paused until Thursday following this mid-trial development.
Background of the Attack
The three brothers were shot by Ulster Volunteer Force (UVF) gunmen who entered their family home in Whitecross, County Armagh, in January 1976.
John Martin, aged 25, and Brian, aged 22, were killed instantly. Their younger brother, 17-year-old Anthony, was wounded during the shooting and later died in hospital from a brain haemorrhage.
Claims and Allegations
Eugene Reavey, their surviving brother, alleges that members of the Ulster Defence Regiment and the Royal Ulster Constabulary colluded with the UVF in the murders.
He is pursuing damages on grounds of negligence, misfeasance in public office, and trauma resulting from his alleged treatment following the attack.
Last week, Eugene Reavey provided evidence and was cross-examined by barrister Mark Robinson KC, representing both the PSNI and MoD.
Emerging Conflict Between Defendants
A conflict of interest between the two defendants has arisen over suggestions that Anthony Reavey's death may not have been directly caused by the shooting.
In court on Monday, Robinson revealed that the PSNI decided over the weekend to seek separate legal representation.
"That is one of the issues. I'm not at liberty to explore the others," Robinson stated, confirming that the cause of Anthony Reavey's death was a point of contention between the defendants.
Application for Adjournment
A solicitor representing the PSNI appeared in court requesting an adjournment to allow time to instruct new barristers.
In a statement explaining the reasons for the application, the solicitor said:
"The chief constable wishes to make it clear to all the parties in these proceedings that he did not know the position was being advanced that Anthony Reavey's death was not necessarily caused by the attack against him and his brothers.
"The chief constable accepts that the attack caused the death of Anthony Reavey."
Opposition to Long-Term Adjournment
Des Fahy KC, counsel for the victim's brother, opposed any long-term suspension of the case, arguing it would be unfair to his elderly client.
"The plaintiff, Eugene Reavey, welcomes the correction of the record in relation to the case that was being put to him in cross-examination as it related to the death of Anthony Reavey."
Mr Justice Kinney declined to grant a long-term adjournment, instead giving the chief constable until Thursday to assemble a new legal team.
