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Sam Marshall's sister wins judicial review over his murder by UVF

By Alan Erwin

Published 08/09/2015

Victim: Sam Marshall
Victim: Sam Marshall

The sister of a man shot dead by loyalists 25 years ago while undercover soldiers were at the scene has cleared the first stage in a legal bid to secure an inquest into the killing.

Linda Hewitt claims the delay in examining the circumstances surrounding the murder of former republican prisoner Sam Marshall breaches her human rights.

She is also challenging an alleged failure by the Police Ombudsman to investigate a complaint about suspected collusion in her brother's assassination.

Leave to seek a judicial review in both aspects of her case was granted at the High Court in Belfast yesterday.

Marshall was ambushed along with Tony McCaughey and Colin Duffy after leaving a police station in Lurgan, Co Armagh, in March 1990. The attack was claimed by the UVF, but the gunmen were never identified.

Claims of a security force role in the killing centred on the nearby presence of a Maestro car, later found to be a military intelligence vehicle. Although the loyalist killers launched the attack within yards of the armed troops and escaped, investigators said there was no evidence of state collusion.

None of the respondents opposed Ms Hewitt's application for leave to seek a judicial review.

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