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Inquiry lacks the power to uncover the truth about Kincora, court told

By Rebecca Black

Published 02/06/2015

Abuse victim Gary Hoy outside Belfast High Court yesterday
Abuse victim Gary Hoy outside Belfast High Court yesterday

An ongoing inquiry into abuse at children's homes lacks the powers to get to the bottom of what has been termed the systematic abuse of young boys at Kincora, the High Court has heard.

One victim of an alleged paedophile ring at the former Kincora Home for young boys in east Belfast, said new evidence of purported state collusion and cover-up of abuse must be examined by a wider Westminster inquiry.

Gary Hoy is seeking to judicially review the decision to keep the probe within the remit of a Stormont-commissioned body.

Opening his challenge, Ashley Underwood QC argued the ongoing Historical Institutional Abuse (HIA) Inquiry sitting in Banbridge, Co Down, lacks the power to properly scrutinise the "appalling, systematic abuse" Mr Hoy suffered at Kincora Boys Home.

He said: "There's now substantial evidence that the Security Service were condoning that, they knew of it and made use of it so as to blackmail the abusers and prevent some of the abusers being brought to book at the time."

Senior politicians, businessmen and high-level British state agents are alleged to have connived in the molestation and prostitution of vulnerable youngsters throughout the 1970s. With MI5 accused of a cover-up to protect an intelligence-gathering operation, calls for full scrutiny have grown ever since three senior staff at Kincora were jailed in 1981 for abusing boys in their care.

Mr Hoy (53) has taken legal action in a bid to force a full independent inquiry with the power to compel witnesses and the security services to hand over documents.

In a sworn affidavit for his challenge, he maintained that a lot more than the three convicted men were involved in the abuse and knew about it.

"I believe that many of these people had power and included MLAs, MPs and paramilitaries," he said.

"It makes me mad that they all could get away with it so easily. These people are hiding and protecting other people. I want to know who was involved and what they did."

The abuse victim added: "I find the whole thing frightening, and at times am frightened that people in authority will want my mouth shut, and want it all brushed under the carpet like it had been years ago."

He was in court with other victims as their lawyers insisted the alleged state involvement needs to be probed. Mr Justice Treacy was told they are entitled to have their ill-treatment fully examined under Article 3 of the European Convention on Human Rights.

"That investigation, because of a whole raft of features, requires the fullest possible powers and the fullest possible engagement of the public and other victims," Mr Underwood contended.

Story so far

The Government has so far refused to include Kincora within a child abuse inquiry established by Home Secretary Theresa May and headed by New Zealand judge Lowell Goddard. Despite the House of Commons Home Affairs Committee recommending Justice Goddard's remit be extended to cover the east Belfast home, Mrs May has said the HIA tribunal being overseen by Sir Anthony Hart is the best forum for examining the allegations. It has long been suspected that figures from within the British establishment may have been involved.

Further reading

Kincora child abuse: Ex-Army officer Colin Wallace has nothing to fear from giving evidence, court told  

Judge has a big decision to make  

Inquiry lacks the power to uncover the truth about Kincora, court told

Kincora: calls for abuse to be included in UK inquiry

Kincora: Calls to add child abuse at Belfast boys home to Westminster VIP paedophile probe

Kincora: Intelligence officer Brian Gemmell sorry for failing to pursue Richard Kerr's case

Richard Kerr: I was trafficked from Kincora boys home to be abused by a ring of VIPs in London

Kincora: Without protection, Richard Kerr is afraid to tell all

Bishop names Enoch Powell in paedophile ring, satanic worship scandal

Royal family member was investigated as part of paedophile ring before cover-up, ex-cop says

Kincora: Theresa May accused over sex abuse probe 'snub'

Theresa May: Child abuse runs through British society like 'a stick of Blackpool rock'  

Metropolitan Police to be investigated over claims of child sex abuse cover-ups because MPs and officers were involved

Anonymous promise 'Nightmare on Elite Street' for public figures accused of child sex abuse cover-up

Russell Brand asks 'is the establishment riddled with paedophiles?' in latest Trews YouTube video

Margaret Thatcher stopped officials publicly naming Sir Peter Hayman as suspected paedophile

Kincora: Theresa May accused over sex abuse probe 'snub'

Child sex abuse victims must not be collateral damage  

Kincora: Only a full inquiry will do  

Kincora victim Richard Kerr in explosive new claims as he returns to horror house 30 years on  

'I'm haunted by survivor's guilt... it helps to have my story heard'  

Kincora children trafficked throughout UK, claims former resident Richard Kerr  

Kincora: Justice Goddard's inquiry offers the only viable option for justice, Naomi Long  

Calls grow for probe to cover Kincora  

I will reveal the secrets, says ex-Army officer Colin Wallace

Kincora: MI5 knew about it but did nothing, that much is certain  

Full story of Kincora Boys' Home in east Belfast yet to be told, says child sex abuse victim

Kincora: Ulster Unionist leader Mike Nesbitt joins calls for inquiry into abuse at boys' home

Baroness's brother 'tried to limit probe into Kincora'

Kincora: MI5 'must hand over files on abuse at east Belfast boys' home'  

Editor's viewpoint: We must know truth of Kincora

Child abuse inquiry must look at Kincora Boys' Home, says Amnesty International

MI5 'blocked exposure of Kincora sex abuse scandal'

Kincora Boy's Home scandal: South African intelligence 'secretly backed loyalist paramilitary group Tara'

Kincora Boys' Home scandal: journalist Peter McKenna dies

State papers: The perjury that allowed Kincora suspect preacher to walk

Westminster’s dark secret: abuse of children, adultery, homosexuality and sadomasochism were all seemingly lumped together

Civil servant Mark Sedwill admits Home Office ‘probably’ destroyed paedophile dossiers  

Westminster child abuse dossier: Geoffrey Dickens also gave copy of file to top prosecutor Sir Thomas Hetherington - so why did DPP fail to act on evidence of paedophile ring?  

Historic child abuse files missing

Tory peer Lord Brittan defends handling of 1980s sex abuse dossier

Abuse claims police matter - Clegg

Abuse probe 'into soul of society'

From the archives

Kincora: Sex racket at children's home (Irish Independent, 1980)

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