Annette McGavigan's family challenging British Legacy Bill

The family of Derry schoolgirl, Annette McGavigan, have lodged judicial review challenges to the British Government's Legacy Bill.

Annette McGavigan was shot by the British army on September 6, 1971, in Derry. 

The judicial review challenges were lodged at Belfast High Court on Wednesday, September 13, by Harte Coyle Collins Solicitors and Advocates, in advance of the final stage of the NI Troubles (Legacy and Reconciliation) Bill 2023.

Kathleen Thompson's family challenging British Government's Legacy Bill

Six judicial review proceedings have been lodged in the High Court by Madden & Finucane Solicitors

The firm also lodged judicial review challenges on behalf of Thomas Burns and James (Jim) McCann. 

Thomas Burns was shot by the British army on July 12, 1972, when leaving the Glenpark Social Club in North Belfast. 

Jim McCann, one of the New Lodge 6, is alleged to have been shot by the British army on Feburary 3,1973 in Belfast. 

The legal firm said: "The shooting of Annette McGavigan is currently under investigation by the Legacy Investigation Branch of the PSNI. 

"At the time of her death Miss McGavigan was wearing her gym school uniform.  She was an innocent schoolgirl.  The application to the High Court was launched by her sister May McGavigan who, with other family members, has campaigned for years for justice in relation to Annette’s shooting.  

"Thomas Burns was an innocent victim who was neither armed nor a member of any paramilitary organisation.   He was an ex-serviceman who had served in the British Navy for 10 years. Having served abroad in Malta and Singapore he had returned home in 1965 to live in Belfast with his wife and children.

"On March30, 2023 the Attorney General for Northern Ireland directed a fresh inquest into the fatal shooting of Thomas Aquinas Burns by the British army on July 13, 1972 outside the Glen Park Social Club in North Belfast. 

"Responsibility for the fatal shooting of Mr Burns is not disputed by the Ministry of Defence. When he was killed in July 1972 Mr Burns left behind his widow Kathleen Burns and 4 young children Stephen (11), Patricia (6), John (4) and Martin (3). 

"Mrs Kathleen Burns continued to campaign for information into the circumstances of her husband’s killing up to her death in 2007. The application for judicial review to the High Court was launched by Mr Burns’s daughter Patricia Burns who, with her brothers, has campaigned for years for justice in relation to her father’s death.

"Daniel McCready is the nephew of Jim McCann who alleges his uncle was shot by the army in the New Lodge area of Belfast on February 3, 1973.

"Jim McCann was one of six persons shot in what has become known as the New Lodge 6 shootings. In February 2021, the Attorney General for Northern Ireland directed that a fresh inquest take place. 

"The judicial review was launched on Wednesday by Daniel McCready who has campaigned for years for justice in relation to his uncle’s death."

Solicitor for the 3 families, Nichola Harte said: "We remain confident that our judges in Northern Ireland will take the opportunity to objectively and impartially review this unprecedented legislation which seeks to close down all available routes to justice in our court system for private citizens. 

"Our clients are compelled to challenge this law.  If they do not then victims across all communities in Northern Ireland will have lost their opportunity to achieve truth, accountability, and justice through the current independent, public court mechanisms.”

The Applicants are represented by Nichola Harte and Patricia Coyle solicitors of Harte Coyle Collins, Solicitors & Advocates, Senior Counsel Dessie Hutton KC, and Junior Counsel Malachy McGowan BL.