Inquest to begin of Derry IRA man shot dead by SAS

The Coroner in the inquest into the death of a Derry man shot dead by the SAS in November 1978 said she intends to open the inquest 'in modular form' early this year and then adjourn in a move welcomed by the next of kin.

At an earlier hearing into the death of Patrick Duffy from the Brandywell area who was shot dead in Maureen Avenue on November 24 1978 it was suggested by counsel for the next of kin that delays in providing disclosure could result in the inquest never taking place due to the British Government's Legacy Bill.

It was suggested that one way to avoid this would be for the inquest to be opened with some 'non contentious witnesses' and then adjourned.

At today's hearing Martin Wolfe KC for the Ministry of Defence said that there were 'finite resources available to state bodies' for hearings like this.

He said that the MOD could not 'magic out of thin air' resources to deal with the material involved in this and other inquests.

Mr Wolfe said that he was against any decision to start this inquest in some sort of modular form and added 'I for one could not contemplate opening in February.'

Stephen Toal counsel for the Duffy family said they were not requesting the MOD to use magic.

He said that the MOD have known about this inquest 'for years' and they were not being asked to do anything 'out of the ordinary'.

Mr Toal said that it was for their own reasons that they had failed to complete the work necessary. 

Ian Skelt KC for the Coroner said it was 'beyond doubt from the MOD there will be a significant delay before a full inquest.'

He said that the Coroner had a duty to avoid delays where ever possible and if the hearing was opened with 'non-contentious evidence' this would not prejudice anyone.

The Coroner Judge Fiona Bagnall said she was mindful of the pressure on the MOD but there was a way through that would not prejudice anyone.

She proposed that she should start the inquest briefly with non contentious witnesses and that would allow all parties to timetable when documentation would be available.

Mr Toal for the next of kin told the Coroner her ruling 'was gratefully received by the Duffy family.'

Meanwhile, the hearing was told that one soldier involved in the shooting had been identified and was being contacted to try and identify two other soldiers believed to have been involved.

The hearing was also told that one other soldier was dead.

The next hearing was fixed for February 9 to try and ascertain a location for the hearing to be opened.