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Dad of murdered Catholic postman Daniel McCoglan clears first hurdle in legal action over inquest 'delay'

By Alan Erwin

The father of a Catholic postman murdered by loyalist paramilitaries has cleared the first stage in a legal action over alleged delays in holding an inquest.

Samuel McColgan was granted leave to seek a judicial review amid claims of a human rights breach in the time taken to examine the killing of his son Daniel 15 years ago.

His lawyers argue that the inquest was plagued by an inexcusable delay that requires an award of damages.

Daniel McCoglan was gunned down by the UFF as he arrived for work at a sorting office on the outskirts of Belfast in January 2002.

In October 2015 a coroner found the shooting had been a completely sectarian attack on a 20-year-victim deliberately targeted because of his religion.

But the murdered man's father claims the 13-year period between the killing and conclusion of the tribunal represents an unlawful delay.

High Court proceedings alleging a breach of human rights have been brought against the coroner, the Chief Constable and the Department of Justice.

No one has ever been convicted for the murder carried out at the depot in Rathcoole, Newtownabbey.

Mr McColgan's legal team alleges the State failed to ensure a prompt investigation in line with obligations under European and domestic law.

Lawyers for the victim's father are seeking a declaration that the delay was incompatible with his rights under Article 2 of the European Convention on Human Rights.

Following submissions Mr Justice Maguire ruled the challenge should proceed to a full hearing.

With similar challenges lodged over the delays in other still incomplete legacy inquests, the McColgan case is now set to be the lead case in examining the issues involved.

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