A POLICE INVESTIGATION into the murder of nationalist councillor, Patsy Kelly, in Co Tyrone in 1974 was “wholly inadequate”, with the actions of RUC Special Branch indicative of “collusive behaviour”, the Police Ombudsman for Northern Ireland has found.
Among findings published today, Ombudsman Marie Anderson said the Kelly family was “failed by police”. Anderson added that there was a series of “significant” investigative failings.
Ombudsman Anderson found that a senior investigating RUC officer showed “latent” investigative bias.
The findings show police withheld intelligence from the murder investigation team and failed to act on intelligence about an active UVF unit in the Co Fermanagh area.
The ombudsman said this was indicative of “collusive behaviour” on the part of RUC Special Branch and the “L” Division Commander, who was responsible for oversight of the investigation.
Additionally, Anderson found failures to adequately verify the alibis of UDR members and failures to record detailed witness statements, link cases, and failure to make inquiries about footwear marks during forensics.
Officers also failed to recover a boat at Lough Eyes, with no record of fingerprint inquiries or to make inquiries about an anonymous letter, said the Ombudsman.
“Investigative failings were central to the family’s complaint and my investigation has found that there were a number of significant failings,” said Anderson.
Kelly was last seen alive in the early hours of 24 July 1974, as he drove away from the Corner Bar in Trillick where he worked.
His body was found in Lough Eyes, near Lisbellaw in Co Fermanagh, three weeks later on 10 August. He had been shot six times.
While loyalist paramilitaries claimed responsibility for the murder, the Kelly family believe the killing was perpetrated by members of an Army patrol.
No-one has ever been charged or prosecuted over the murder.
The Kelly family welcomed the ombudsman’s report and said it vindicated their almost 50-year campaign for justice. They have called for a fresh inquest into the killing.
Patsy Kelly’s widow, Teresa, and sons Patsy Jr., Barry and Fearghal met with the Police Ombudsman in Belfast on Wednesday morning to receive the findings.
Afterwards, Patsy Kelly Jr. welcomed the report.
The family of Patsy Kelly react to the Police Ombudsman's conclusion that a police investigation into the murder of nationalist councillor Patsy Kelly in 1974 was "wholly inadequate". pic.twitter.com/qW8VYdWgrw
— UTV Live News (@UTVNews) April 26, 2023
“Today is highly emotional for members of our family, a campaign of 50 years searching for truth and today we are vindicated in terms of the failings of police investigations,” he said.
“We realise that today is a step forward in the overall campaign for truth and the next step in the process should be a fresh inquest that is granted immediately.”
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