Belfast Telegraph

Friday 25 April 2014

Historical Enquiries Team faces legal challenge over IRA shooting

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The special unit set up to examine unsolved killings from Northern Ireland's violent past is facing a legal challenge over the military shooting of an IRA man 40 years ago.

Judicial review proceedings brought by the family of Stan Carberry centre on the independence of the Historical Enquiries Team.

A hearing was due to begin at the High Court in Belfast this week, only to be adjourned until September due to the scale of the case.

Carberry was shot by British soldiers amid disputed circumstances in west Belfast in November 1972.

The 34-year-old member of the IRA's Belfast Brigade was killed as he exited the vehicle near the Falls Road.

Army witnesses later told an inquest they fired back after shots came from the vehicle.

But others have claimed Carberry was shot in the back when he had his hands raised.

The circumstances surrounding his death are being reviewed by HET investigators as part of their ongoing probe into unsolved Troubles-related killings.

His son, Stan Carberry junior, is now seeking to judicially review both the unit and police over their handling of the case.

One aspect of the challenge focuses on efforts made to arrest soldiers involved in the shooting.

A hearing to establish whether Mr Carberry has an arguable case was scheduled to get underway this week.

But it was put back until after the summer recess because of the range of issues to be explored.

Mr Carberry's solicitor, Kevin Winters of KRW Law, explained his reasons for going to court.

He said: "There has never been a proper, independent investigation into this killing.

"Mr Carberry is challenging the independence of the Historical Enquiries Team.

"Central to the case is his belief that when it comes to conflict-related murders there is one law for ex-members of the security forces, and another for civilians."

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