Families of IRA men shot dead reach settlements for damages

The families of two IRA men shot dead by British soldiers nearly 43 years ago have reached settlements in their claims for damages, the High Court has heard.

Brian Campbell, 19, and Colm McGirr, 23, were shot dead after the SAS mounted an operation at the scene of an arms dump near Coalisland, County Tyrone in December 1983.

The Ministry of Defence (MoD) and the Police Service of Northern Ireland (PSNI) were sued by relatives of both Campbell and McGirr, alleging a shoot-to-kill policy and lack of effective investigation.

It was announced in court on Friday that both actions have been settled on confidential terms.

The families will make a donation to charity following the outcome.

Campbell and McGirr were shot dead after they attended the weapons cache in the Cloghog Road area along with another unidentified individual.

British troops who had been carrying out surveillance at the scene for three days then opened fire on them, according to the families' lawyers.

One of the soldiers later told an inquest that Campbell and McGirr had taken possession of guns and were pointing them in the direction of the military unit.

Up to 79 bullet cartridges recovered from the scene were said to be traceable to the soldiers' weapons.

What findings have been made through the years?

No significant findings were made in an 1985 inquest about the circumstances surrounding the deaths.

However, an expert report commissioned as part of an Historical Enquiries Team (HET) investigation in 2013 concluded that the positioning of McGirr's body was consistent with him kneeling when shot, lawyers said.

A further finding was made that no shots had struck Campbell from the front.

Based on that report relatives of both men issued legal proceedings for damages against the MoD and PSNI in 2016.

The families' barrister, Des Fahy KC, told the court that undisclosed settlements have now been reached in the claims.

The judge, Mr Justice Rooney, responded: "It is good news to hear that two actions have been resolved after this length of time."

'It's been a long struggle'

Brian McGirr, brother of Colm McGirr, said the families have been "fighting to get justice" for 43 years.

"We're very glad that we have carried on the campaign for them."

Michael Campbell, brother of Brian Campbell, said that "forensics have been vital in this case".

"It has proved without doubt how Brian and Colm died, we knew as people from the locality what had happened," Campbell said.

"It's been a long struggle, they've never been out of our thoughts. That particular day is like yesterday."

Speaking outside court, the families' solicitor, Pádraig Ó Muirigh, indicated the confidential terms were agreed following weeks of negotiations.

"Our clients are satisfied with this outcome and are now making a donation to charity," Ó Muirigh said.

He added the families have fought "to expose the circumstances" of the death of their loved ones.

"They have always maintained that there was as shoot-to-kill policy operating during the conflict and this particular military operation was intelligence led and they've always raised the question as to why their loved ones weren't arrested or apprehended at the scene."

Referencing the HET report which led to the families starting legal proceedings in 2016, Ó Muirigh said: "A pathologist found the two men were shot from behind, in particular Colm McGirr was shot whilst kneeling and Brian Campbell was potentially shot as he lay on the ground.

"Those findings were significant and in light of those findings the families issued proceedings against the PSNI and MoD."