New start date to be set for Fergal McCusker inquest

A new date is to be set for an inquest into the killing of Fergal McCusker in 1998.

The 28-year-old, from Maghera, was killed in an attack which was attributed to the loyalist paramilitary group the LVF on January 18 1998.

He had recently returned to his home town from the United States where he had been working for a period.

No-one has ever been convicted of the murder.

The inquest had been listed to start on January 16 2023 for six weeks at Banbridge court house in Co Down.

However Mark Robinson KC, a barrister representing the Police Service of Northern Ireland (PSNI), told a preliminary hearing of pressure on resources in providing the material for the inquest.

He said they are not in a position to say when sensitive material can be disseminated due to the level of demand on police resources.

Coroner Paddy McGurgan expressed disappointment, and queried why a date could not be given for the material.

Mr Robinson said he believes there are now 13 inquests running between now and April, which “has put an unbearable pressure on police resources”.

He referred to multiple demands being placed upon finite resources, adding there has been a “significant departure” from the five-year plan set out for legacy inquests.

“That’s out of our control and it’s out of the court’s control, but the reality that the five-year plan was to enable to state bodies to invest and organise the resources to allow a certain number of inquests to run whilst another number be prepared in the background,” he said.

“PSNI are simultaneously dealing with years one, two, and three inquests … that’s along with the civil actions, judicial reviews and other challenges that involve legacy matters, with the utmost respect, it’s not about not prioritising this inquest at all, it’s about the immense pressures put on resources across the board caused by Covid and other potential legislative pressures as well.

“It’s not a matter of putting this inquest down the list, it’s a matter of simply not having the oxygen to get the work done because of the impact of these additional factors.”

Mr McGurgan said he is “exceptionally disappointed with the approach being adopted by the PSNI”.

“This family have waited since 1998 and now I get to the mouth of this inquest where we have all set aside our diaries to deal with this case, and I’m told at the last minute we’re not ready, and by the way, we can’t tell you when we possibly will ever be ready to deliver the sensitive material, and I’m written down here, ‘how long is a piece of string’,” he said.

“The very least that I could expect as the coroner is a time frame that could be worked towards but that can’t even be given to me.”

Barra McGrory, acting for the McCusker family, said the family would like to see progress be made.

Ian Skelt, counsel for the coroner, said the process of getting witness statements is “at an advanced stage”, adding he is “confident that we will have a substantial body of civilian evidence in place and ready to go by the proposed start date of the inquest”.

Another preliminary hearing is to take place on January 16, which had previously been the proposed start date for the inquest.

Mr McGurgan concluded the hearing, reiterating his disappointment.

“I thoroughly expect progress to be made in this inquest notwithstanding the pressures which I recognise on the PSNI, but I would reiterate that this case has been listed for 12 months now, and it is very disappointing that we have all set aside a considerable amount of time out of our diaries and our other court work, to be told, effectively at the last minute, that we’re not ready,” he said.

“However this case will proceed at least in some form, vis-a-vis witnesses in terms of the civilian evidence, and I will determine which week that will start on once I have seen the papers and once we have spoken with Mr McGrory further as to making sure he is not disadvantaged in any way.”