Judicial Review of the killing of Nora McCabe

Tuesday 27th April 2010

Judicial Review of killing of Nora McCabe exposes lies and DPP failure to prosecute senior officers for perjury

Speaking after this morning’s judgement by the Belfast High Court Jim McCabe, the husband of Nora McCabe killed by a plastic bullet fired by an RUC patrol July 9th 1981, said;

‘The official account of the murder of Nora was that there was rioting at the time, that there were burning vehicles, barricades, and that the RUC patrol from which the fatal shot was fired was under attack from petrol bombers. This morning’s judgement has stated that this was not the case when Nora was shot.

‘We have always known that those responsible for Nora’s murder lied in order to cover-up their actions and seek some sort of warped justification for shooting Nora. Today that lie stands exposed and the record is set straight publicly lest there exist any doubt from any quarter.

‘In this regard myself and three children feel absolutely vindicated in initiating legal action which has been crucially important in determining this truth.

‘We have always believed that there should have been prosecutions concerning Nora’s murder and for all those RUC members who perjured themselves.

‘The failure of the then DPP, Alastair Fraser (now Sir Alastair Fraser) who oversaw the case, to prosecute those responsible for Nora’s murder has always been a source of great distress and upset to our family – effectively justice was denied and deliberate lies permitted to prevail for which he must be ultimately responsible.

‘The court stated that there was no doubt amongst DPP/PPS officers that there existed significant factual conflicts between the evidence of a number of police officers and the events as recorded by the Canadian film crew who were present at the time of the shooting.

‘The judgement clearly said that consideration should have been given to the offence of perjury. It is precisely because of this failure that no one person/s were charged with Nora’s murder.To have pursued those who perjured themselves was to open up the case to further scrutiny and thus lift the lid on what was obviously a cover-up involving senior RUC officers.

It is our considered view that a systemic cover-up took place across the RUC and then DPP concerning the murder of an innocent mother of three.

‘In terms of the ‘delay’ in taking the case we do not accept the reasoning of the judgement. People need to be fully mindful of the political environment and implications of such a case being taken during the period of the 1980’s and 90’s. It is our firm belief that any attempted action would not have been granted relief in the then circumstances. This too must also bear in mind the failure by the DPP to disclose information concerning their decision-making not to prosecute at the time.

‘In some senses we were able to avail of video evidence that recorded the events leading up to and after Nora’s murder and challenge the lies. Many other families experienced similar policies of misinformation concerning the murders of their loved ones yet are unable to legally overturn these ‘official’ lies – hopefully today they too can take some comfort from this judgement in that the most senior RUC officer in West Belfast at the time, and who was present with the officer who murdered Nora, lied about the what actually took place. This was a pattern that we know was repeated time and time again in many other murders by the RUC. Setting right this wrong is important for everyone.’ENDS

Please accredit Relatives for Justice for press release – A copy of the full judgement will be available tomorrow – anyone interested in obtaining a copy can contact RFJ or Mr. Fearghal Shiels of Madden & Finucane Solicitors