Families of IRA Men Shot Dead Reach Settlements for Damages

High Court Hears of Settlements in Long-Standing Claims

Families of IRA men shot dead – Four decades after their deaths, the families of two IRA members, Brian Campbell and Colm McGirr, have achieved a resolution in their legal claims against the British military and police. The High Court confirmed on Friday that both cases have been settled under confidential agreements, marking the end of a 43-year pursuit for justice. The settlements, which involve the Ministry of Defence (MoD) and the Police Service of Northern Ireland (PSNI), were reached following extensive negotiations, according to the families’ legal representatives.

Campbell, 19, and McGirr, 23, were killed during a SAS operation in December 1983 near Coalisland, County Tyrone. The incident occurred at a weapons cache on Cloghog Road, where the men, along with an unidentified individual, were present when soldiers opened fire. The families’ lawyers detailed the circumstances of the attack, stating that the SAS had been monitoring the location for three days before the fatal action. The event, they claimed, was a result of a shoot-to-kill strategy and insufficient investigation into the killings.

The legal cases against the MoD and PSNI were rooted in allegations of a systematic policy to kill IRA members without thorough inquiry. The families argued that the soldiers’ decision to fire was based on immediate targeting rather than due process. This led to a 2016 lawsuit, which drew on findings from an expert report commissioned by the Historical Enquiries Team (HET) in 2013. The report suggested that McGirr’s body position indicated he was kneeling at the time of shooting, while Campbell may have been struck from behind. These details became central to the families’ arguments, challenging the initial conclusions of the 1985 inquest, which found no significant evidence linking the soldiers to the deaths.

Mr Justice Rooney, presiding over the case, remarked on the settlement as a positive outcome, acknowledging the prolonged nature of the dispute. “It is good news to hear that two actions have been resolved after this length of time,” he said. The judge’s statement highlighted the emotional and legal endurance of the families, who had continuously sought clarity on the events of that December day.

“We’ve been fighting to get justice for 43 years,” said Brian McGirr, brother of Colm McGirr. “It’s been a long struggle, but we’re glad to have carried on the campaign for them.” Michael Campbell, brother of Brian Campbell, emphasized the role of forensic evidence in proving the men’s fates. “Forensics was vital in this case. It proved without doubt how Brian and Colm died. We knew what happened as people from the locality, but we needed the facts to make our case.”

The families’ solicitor, Pádraig Ó Muirigh, explained that the confidential terms of the settlement were agreed after weeks of discussions. “Our clients are satisfied with this outcome and are now making a donation to charity,” he stated. The legal team noted that the families had consistently maintained the existence of a shoot-to-kill policy during the conflict. They also raised questions about why their loved ones were not apprehended or detained at the scene, despite being identified as targets.

Ó Muirigh referenced the HET report, which provided critical insights into the incident. The report, he said, revealed that the two men were shot from behind, with Colm McGirr specifically positioned to have been kneeling when the fatal shots were fired. “Those findings were significant,” the solicitor added. “They laid the groundwork for the legal proceedings we initiated in 2016, and they’ve helped us hold the authorities accountable for their actions.”

The incident remains a poignant memory for the families, who described the trauma of losing their loved ones. “That particular day is like yesterday,” Campbell said. “We’ve never stopped thinking about them and wondering what could have been done differently.” The settlement, while resolving financial claims, also symbolizes a closure to a chapter of the Troubles, a period marked by intense conflict and lingering questions about military conduct.

Although the 1985 inquest failed to establish clear cause, the 2013 HET investigation provided new evidence that reshaped the narrative. The report, which was pivotal in the families’ legal efforts, indicated that the positioning of McGirr’s body aligned with him being shot while in a kneeling posture, a detail that contradicted earlier assumptions. Additionally, the report highlighted that Campbell was not shot from the front, reinforcing the idea that the attack was deliberate and targeted.

As the families prepare to donate to charity, their journey underscores the importance of perseverance in seeking accountability. The settlements, while private, represent a victory for those who have tirelessly pursued the truth. “We’re glad to have achieved this resolution,” said McGirr. “It’s a testament to the work we’ve done over the years.”

The case also raises broader implications for how historical events are reviewed and addressed. The use of the HET report exemplifies the role of independent inquiry in uncovering overlooked details. For the families, the findings not only validated their claims but also provided a sense of vindication after decades of uncertainty. “We’ve always believed there was a shoot-to-kill policy in place,” Ó Muirigh explained. “This operation was intelligence-led, yet their loved ones were not given a chance to explain themselves before being killed.”

With the legal battle concluded, the families now look to the future, using their experience to support others in similar situations. Their donations to charity reflect a commitment to ongoing efforts for justice, even as the immediate conflict between the IRA and British forces fades into history. The settlements, while a financial resolution, serve as a reminder of the human cost of the conflict and the importance of transparency in military actions. As the families continue to share their story, they hope it will inspire further examination of past events and foster understanding of the circumstances that led to their loved ones’ deaths.