THE British Supreme Court is to consider whether the PSNI is “sufficiently independent" to investigate or review investigation of conflict-related killings in the North of Ireland.
In a precedential case, the court will determine whether the PSNI's Legacy Investigations Branch is fit to investigate the murder of single mother, Jean Smyth-Campbell, in West Belfast on 8th June 1972. The 24-year-old mother-of-one was fatally wounded on the Glen Road after a night out with friends.
The British State attributed the young woman's killing to the IRA, however, documents discovered by Paper Trail’s Ciarán MacAirt, revealed that the British Army’s covert Military Reaction Force (MRF) fired shots in the area the night she was killed, and claimed to have hit someone.
In March 2017, the family won a significant Judicial Review in the High Court in Belfast, which ruled that the PSNI were not independent in respect of legacy cases and could not be involved in the new investigation into the murder.
The Department of Justice, PSNI Chief Constable, and Secretary of State are now attempting to overturn the decision through the Supreme Court, which held a first hearing of the case today (June 14).
Ms Smyth-Campbell's sister, Margaret McQuillan, commented: “Our family believes that all families deserve an independent, impartial and timely investigation into the murder of their loved one.
"The Police Services of Northern Ireland should not be part of any investigation as it has failed everybody. PSNI cannot be trusted, now or ever. We hope the Supreme Court will agree with the Appeal Court’s judgement in our case as the Chief Constable of PSNI, Department of Justice and British Secretary of State for Northern Ireland have done little but re-traumatize us by appealing it.”
Niall Ó Murchú of Kinnear and Co Solicitors, who represents the family of Jean Smyth-Campbell, stated: “This is a hugely important case for all families who lost loved ones during the conflict. Jean’s Smyth-Campbell’s family have fought tenaciously for seven years in court to get to this point.
"PSNI cannot ever be independent in any legacy case, and in Jean’s case the PSNI were forced to accept that. The investigation into Jean’s murder is ongoing, with no involvement from PSNI. If Jean’s family are successful at the Supreme Court, it will be a great victory for hundreds of families who do not trust PSNI investigating the death of their loved ones.”
Ciarán MacAirt of Paper Trail said: “Jean’s family continues to inspire us with their resilience and dignity. The family fought failed investigations by the Royal Ulster Constabulary, Historical Enquiries Team and Police Service Northern Ireland over 49 years.
"Their fight for truth, justice and acknowledgement is also a fight shared by hundreds of families whose loved ones were killed during the conflict and who have been very poorly served by Police Service Northern Ireland. PSNI never was and never will be practically independent to investigate conflict killings.”
