THE Ministry of Defence has settled a civil action by the family of a North Belfast man who was shot dead by the British army in 1972.
Thomas Burns was shot as he left Glenpark Social Club in Glenpark Street on July 13 that year around 1am.
The father-of-four was shot in the chest from a high velocity weapon by a member of the Royal Regiment of Wales. He died in the Royal Victoria Hospital a short time later.
The Ministry of Defence have never disputed responsibility for the killing.
The significant payment to the daughter of Tommy Burns settles the ongoing civil action against the Ministry of Defence and the PSNI Chief Constable which was issued in April 2019.
Tommy was an ex-serviceman who had served in the British Royal Navy for over eight years, serving abroad in Malta and Singapore before returning home in 1965 to live in Belfast with his family.
When he was killed in July 1972 Mr Burns left behind his widow Kathleen and four young children, Stephen (11), Patricia (6), John (4) and Martin (3). His widow Kathleen continued to campaign for information about the circumstances of her husband’s killing up until her own death in 2007.
After the death of their mother the four children continued the campaign to publicly affirm their father's innocence and to attempt some state accountability for his unjustified killing.
An original inquest was held in April 1973 a jury returned a verdict of misadventure.
Daughter Patricia Burns achieved the quashing of this verdict on the basis that it was wrong in that it suggested some complicity by Mr Burns in his own death. In June 2019 the Attorney General for Northern Ireland, Mr John Larkin QC confirmed that Thomas Burns was an innocent unarmed civilian who was shot dead without justification but rejected the request for a fresh inquest.
INNOCENT: Thomas Burns
In March 2022 Patricia Burns sought and won a judicial review challenge which resulted in the quashing of the 1973 inquest verdict. High Court judge Mr Justice Humphreys stated that the verdict was simply wrong. The request for a fresh inquest was referred back to the Attorney General for Northern Ireland.
In March 2023, a fresh inquest into the killing of Thomas Burns was directed by the Attorney General Dame Brenda King. However, the fresh inquest was cut short by the Legacy Act which aborted all legacy inquests in Northern Ireland which had not opened and heard evidence when it came into law. A decision from the Solicitor General for England and Wales is now pending as to whether the legacy inquest into the circumstances of Tommy Burns's killing will now continue. A total of nine legacy inquests have been confirmed for re-opening, but these do not include the inquest for the Burns family.
Patricia Burns said: “On 13th July 1972, the army killed my father, an innocent man, for no reason and deprived me and my brothers of our father at a very young age. This was after he had served in the British Royal Navy for eight years overseas.
"I only wish my mum Kathleen had lived to see the settlement of this civil action. We remain hopeful of state accountability for our father’s killing through the fresh inquest process which was granted in 2023 but cruelly withdrawn under the Tory government Legacy Act.
"In August 2026 we asked for a meeting with the British Prime Minister and the Secretary of State to discuss the reopening of the inquest we fought so hard to get.
"This settlement of the civil action against the Ministry of Defence is just one legal mechanism in what is required to correct the public record about my father's unjustified killing. Our campaign will continue."
Patricia Coyle of Harte Coyle Collins Solicitors & Advocates acting for Ms Burns added: “We are delighted to have negotiated this settlement of the civil action for our clients.
"It is not lost on the family of Tommy Burns that they have had to wait 54 years to get to this point.
"We have written to the Solicitor General for England and Wales for our clients requesting that the fresh legacy inquest be re-opened for the family.
"We also note and await with interest the potential impact of the new proposed 'Hillsborough Law' imposing a legal duty of candour on state agencies, including the security services, to proactively tell the truth and assist legal processes from the onset, on the cohort of legacy cases in Northern Ireland.
"Such legislation, if passed to include Northern Ireland and the full range of state agencies, can only assist those searching for information and justice through our courts regarding state involvement in the deaths of their loved ones."
