Belfast Telegraph

Dad of Catholic UFF victim Daniel McColgan in legal battle over inquest delay

By Alan Erwin

The father of a Catholic postman murdered by loyalist paramilitaries is taking legal action over delays in holding the inquest.

Daniel McColgan (20), 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 last year, a coroner found the shooting had been a completely sectarian attack.

But the murdered man's father, Samuel McColgan, claims the 13-year period between the killing and the end 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. Mr McColgan is also seeking damages.

No-one has ever been convicted for the murder of his son at the depot in Rathcoole, Newtownabbey.

Mr McColgan has instructed his legal team to challenge the length of time it took to hold an inquest into his son's killing. They allege the state failed to ensure a prompt investigation in line with obligations under European and domestic law.

Part of the case also centres on the period of time taken by police to provide disclosure.

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.

They also want damages and costs of bringing the application for judicial review.

In court yesterday, arguments centred on whether the claim for compensation should instead be made through a separate writ.

The judge then adjourned for three weeks to allow further evidence to be filed.

Belfast Telegraph


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