THE British Supreme Court has upheld an earlier court ruling that PSNI is not sufficiently independent to investigate the 1972 killing of Jean Smyth-Campbell in West Belfast.

The 24-year-old, a mother-of-one, was was fatally wounded on the Glen Road after a night out with friends on 8 June 1972.

The British State had previously attributed the Ms Smyth-Campbell'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 2019, the Court of Appeal in Belfast found that the PSNI were not independent in respect of legacy cases and could not be involved in the new investigation into the murder. The PSNI and the Department of Justice had gone to the Supreme Court in a bid to overturn the decision, which has now been upheld. 

Ms Smyth-Cambell's sister, Margaret McQuillan, who took the initial case seven years ago, said: “Our family has today been vindicated by the ruling of the British Supreme Court. They have confirmed the Police Service of Northern Ireland's failings in the case. The PSNI has already apologised for these failings. We believe however that the PSNI cannot be trusted, now or ever, in any legacy case, by any family.

"Despite our family’s victory, however, we are disappointed by some of the general issues of law Jean’s case dealt with. We have already won our battle against the PSNI and the British Government for a new investigation and it is well underway. However, every other family deserves the same, every family’s grief is the same, no matter what their background. There is no hierarchy of victims or grief. It is a disgrace that the British Government continues to use the courts to cover up the crimes in Ireland over two generations. ”

The family's solicitor, Niall Ó’Murchú of Kinnear and Co. Solicitors, said: “Whilst the family of Jean Smyth-Campbell have today had their complaint against the PSNI endorsed by the British Supreme Court, it is concerning that this British Government, through its courts and current toxic right-wing government, continue to depart from international standards of human rights law. All victims of state violence and their families deserve a pathway to truth and justice, but the constant breaking of previous agreements by this far-right British administration means that human rights compliant outcomes will become harder and harder to get for those who lost loved ones during the conflict."

Paper Trail's Ciarán MacAirt commented: "Jean’s family is an inspiration to families who lost loved ones during the conflict. Their battle for truth and justice is a beacon for us all. The PSNI is a disgrace and is not fit for purpose as far as investigating legacy murders is concerned. PSNI is more concerned with defending the sectarian British Armed Forces of the past than defending our families’ basic human rights today.”