Legal bid is adjourned into the killing of IRA man Stan Carberry
The British Government has "washed its hands" of its duty to oversee an inquiry into the Army shooting of an IRA man more than 40 years ago, the High Court has heard.
Stan Carberry (34) was gunned down on west Belfast's Falls Road in November 1972. Military witnesses later told an inquest they fired back after gunfire came from the vehicle he was in. But others have claimed Carberry, a member of the IRA's Belfast Brigade, was shot in the back with his hands raised.
The father-of-six's family believe the shooting amounted to murder. They say the now defunct Historical Enquiries Team (HET) did not carry out a proper review of the killing, failing to interview and take evidence from soldiers.
Mr Carberry's son, Stan Jr, was in court yesterday as his lawyers launched a bid to compel the Government to fully investigate the shooting. Frank O'Donoghue QC said the Government was "washing their hands of their investigative obligation by delegating responsibility to the Assembly to probe the killing".
But Peter Coll QC, for the Secretary of State, argued that an HET review does not impose an automatic obligation on the state under the European Convention on Human Rights.
With judgment awaited in an unrelated Supreme Court challenge which is expected to impact on the case, Mr Justice Treacy decided to adjourn proceedings until October.