6:06:20 > 6:06:22This is what a Fresh Start looks like.
6:06:22 > 6:06:27The DUP and Sinn Fein are enjoying a new spirit of co-operation.
6:06:27 > 6:06:28LAUGHTER
6:06:28 > 6:06:33But outside Stormont, an old problem is threatening the new consensus.
6:06:33 > 6:06:35What happened on Monday when you spoke to the Secretary of State?
6:06:35 > 6:06:39'Over the last few months I've been meeting people who lost relatives
6:06:39 > 6:06:42'in some of the Troubles' most controversial killings.'
6:06:42 > 6:06:46In any other democratic society we wouldn't be standing here.
6:06:46 > 6:06:48We shouldn't have to be standing here
6:06:48 > 6:06:50to plead for our inquest to be opened.
6:06:52 > 6:06:54They're waiting for inquests -
6:06:54 > 6:06:58legal hearings that will determine how their loved ones died
6:06:58 > 6:07:01and, in some cases, who is responsible.
6:07:02 > 6:07:04But there's a huge backlog.
6:07:07 > 6:07:13Northern Ireland's most senior judge has a plan to break that backlog
6:07:13 > 6:07:16and clear all the cases within five years.
6:07:16 > 6:07:20This opportunity simply must not be squandered.
6:07:20 > 6:07:22But the plan has stalled
6:07:22 > 6:07:25because there's a row about who will pay for it.
6:07:27 > 6:07:29The First Minister has blocked the Executive
6:07:29 > 6:07:31from even considering the plan.
6:07:31 > 6:07:34I will not allow any process to rewrite the past of
6:07:34 > 6:07:36what happened in Northern Ireland.
6:07:36 > 6:07:39But it's the government, rather than the DUP,
6:07:39 > 6:07:42that Sinn Fein seem to blame for the hold-up.
6:07:43 > 6:07:48The responsibility for denying the Lord Chief Justice the funding
6:07:48 > 6:07:52lies fairly and squarely at the door of the British government.
6:07:52 > 6:07:56So what happens to the families still waiting?
6:08:22 > 6:08:25- Hello, how are you? - All right, how are you?
6:08:25 > 6:08:27Good, how are you? Did you have a good, safe trip?
6:08:27 > 6:08:31'It's been years since Jimmy O'Kane was last back in Northern Ireland.'
6:08:31 > 6:08:36Today he's flown back to Belfast. But it's not a happy homecoming.
6:08:36 > 6:08:39Last two days, I haven't had much sleep.
6:08:39 > 6:08:41It's...
6:08:42 > 6:08:45You can't sleep. It's always in your mind.
6:08:45 > 6:08:48Jimmy left Northern Ireland in the 1970s.
6:08:48 > 6:08:51A few years later, his big sister Rosaleen died
6:08:51 > 6:08:53in a suspicious house fire.
6:08:55 > 6:08:59Now he wants answers about what happened to the woman
6:08:59 > 6:09:01he considered a second mother.
6:09:02 > 6:09:04Rosaleen done everything for us.
6:09:04 > 6:09:07She was quiet but fun-loving.
6:09:09 > 6:09:13Come the weekend, the Saturday night, it had to be the dance.
6:09:13 > 6:09:16And Sunday would be her chapel day.
6:09:16 > 6:09:21Jimmy takes me to the church in Sailortown, near Belfast docks,
6:09:21 > 6:09:23where Rosaleen came to pray.
6:09:23 > 6:09:26Can you remember the last time you were here?
6:09:26 > 6:09:28Must be at least 20, well over.
6:09:29 > 6:09:31Oh, what a shame.
6:09:36 > 6:09:38You all right?
6:09:39 > 6:09:41HE EXHALES SHAKILY
6:09:46 > 6:09:48Do you remember her being in here?
6:09:48 > 6:09:52Yes, I do. I used to leave her down sometimes.
6:09:55 > 6:09:57She was happy here.
6:09:58 > 6:10:00She found her happiness here.
6:10:05 > 6:10:07What are you looking for, Jimmy?
6:10:08 > 6:10:11I want justice, that's what I want.
6:10:11 > 6:10:14- VOICE BREAKING:- I want my sister to rest in peace.
6:10:14 > 6:10:16Final peace.
6:10:19 > 6:10:25In 1976, Rosaleen was 33 years old, single and working as a waitress.
6:10:25 > 6:10:27She was a devout Catholic
6:10:27 > 6:10:29but she was the child of a mixed marriage.
6:10:29 > 6:10:31Shortly before her death,
6:10:31 > 6:10:35she moved to a mainly loyalist part of north Belfast,
6:10:35 > 6:10:38into an area known as the "murder triangle".
6:10:38 > 6:10:40- NEWSREADER:- Since the beginning of this year,
6:10:40 > 6:10:4252 people have died violently.
6:10:42 > 6:10:45In a vicious campaign of civilian assassinations,
6:10:45 > 6:10:4830 Catholics and 19 Protestants have been killed.
6:10:51 > 6:10:56In the early hours of 17 September, a neighbour spotted a fire
6:10:56 > 6:10:59in Rosaleen's flat, and raised the alarm.
6:11:02 > 6:11:07Rosaleen's body was found inside, naked and badly burned.
6:11:08 > 6:11:11Rosaleen had moved house before the fire
6:11:11 > 6:11:12due to a petrol bomb attack.
6:11:15 > 6:11:17Despite this, the police initially believed
6:11:17 > 6:11:20she had deliberately set fire to the flat herself.
6:11:24 > 6:11:27At the inquest, police failed to put vital evidence
6:11:27 > 6:11:29in front of the coroner
6:11:29 > 6:11:32and her death was put down as an unsolved mystery.
6:11:35 > 6:11:37Back then, Jimmy didn't know
6:11:37 > 6:11:40there were deeper suspicions about Rosaleen's death
6:11:40 > 6:11:45and that there were grounds for believing she had been murdered.
6:11:46 > 6:11:49- It's all changed.- Oh, completely.
6:11:49 > 6:11:53These certainly weren't here at the time.
6:11:53 > 6:11:55This is Cliftonpark Avenue.
6:11:56 > 6:11:59This is where Rosaleen's house was.
6:11:59 > 6:12:02Whereabouts would Rosaleen's house have been?
6:12:02 > 6:12:04These are all new now, right,
6:12:04 > 6:12:09and we think her house, her flat, was in this location,
6:12:09 > 6:12:11somewhere down along this block.
6:12:12 > 6:12:15What were you told happened that night, Jimmy?
6:12:15 > 6:12:20Well, I was told what happened, originally in 1976,
6:12:20 > 6:12:24that Rosaleen had hung clothes up to dry above the stove
6:12:24 > 6:12:26and they caught fire.
6:12:26 > 6:12:28And...
6:12:28 > 6:12:30that was it. She burned to death.
6:12:30 > 6:12:35But as Jimmy later discovered from the original inquest papers,
6:12:35 > 6:12:38there wasn't just one fire.
6:12:38 > 6:12:41From the papers I was learning that there was three fires set -
6:12:41 > 6:12:43one under the bed,
6:12:43 > 6:12:48one behind a sofa in the sitting room and one under the stove.
6:12:48 > 6:12:52Multiple fires had been deliberately started in the flat
6:12:52 > 6:12:55and the pathologist who conducted Rosaleen's autopsy
6:12:55 > 6:12:57made a startling discovery.
6:12:57 > 6:13:00Chris McCann is the O'Kanes' solicitor.
6:13:00 > 6:13:03Typically when somebody dies as a result of house fire,
6:13:03 > 6:13:06or fire, they will have soot in their airways,
6:13:06 > 6:13:10there will be carbon monoxide in their blood.
6:13:11 > 6:13:14The autopsy revealed that there were none of those.
6:13:15 > 6:13:19So Rosaleen may have been dead before the fires even started.
6:13:22 > 6:13:25You won't find Rosaleen's name on any list of victims
6:13:25 > 6:13:27of the Troubles.
6:13:27 > 6:13:30Her family think she was a victim of a sectarian murder
6:13:30 > 6:13:32which was overlooked because
6:13:32 > 6:13:36the police didn't present vital evidence to the inquest.
6:13:36 > 6:13:39They've applied to the Attorney General to overturn
6:13:39 > 6:13:44the original inquest findings and order a new one.
6:13:44 > 6:13:47Why do you think a second inquest is required in this case?
6:13:47 > 6:13:52The original inquest, we would say the finding is invalid,
6:13:52 > 6:13:56because we have since found out that in 1976 a man was interviewed
6:13:56 > 6:14:00under caution in respect of Rosaleen O'Kane's death.
6:14:00 > 6:14:05He at that stage named three other individuals who may or may not
6:14:05 > 6:14:08have been involved in her death.
6:14:08 > 6:14:11He gave the names of those individuals to the police.
6:14:11 > 6:14:15Certainly that is something that the Coroner should have had sight of
6:14:15 > 6:14:18at the time of the inquest in 1977.
6:14:18 > 6:14:21In 2002, and again in 2011,
6:14:21 > 6:14:25police informed the family these individuals were still alive
6:14:25 > 6:14:26but they hadn't been questioned.
6:14:26 > 6:14:30The police told us they have a huge number of deaths to review
6:14:30 > 6:14:31with finite resources.
6:14:31 > 6:14:34Do you think if you got a new inquest it would help you?
6:14:34 > 6:14:38Yes, it would. A new inquest would open all the doors.
6:14:38 > 6:14:44It's taken families years and years in pain and heartache,
6:14:44 > 6:14:49just to get halfway where they're getting. You know? It's...
6:14:50 > 6:14:53It's wrong, and as a society and a country,
6:14:53 > 6:14:56you can't move on unless you face the past.
6:14:56 > 6:14:59Almost 20 years after the Good Friday Agreement,
6:14:59 > 6:15:02dealing with the past is still a problem.
6:15:02 > 6:15:07For many, police investigations and the Historical Enquiries Team
6:15:07 > 6:15:09did not deliver all the answers.
6:15:09 > 6:15:13And despite the recent political promise of a Fresh Start,
6:15:13 > 6:15:17disagreement over how to deal with the past continues.
6:15:18 > 6:15:21Now, some families see the Coroner's Court
6:15:21 > 6:15:23as the only place they will get answers.
6:15:24 > 6:15:27Recent changes to the way in which inquests work
6:15:27 > 6:15:30have offered families a way forward.
6:15:30 > 6:15:33Dr Catherine Turner is a law lecturer who has written
6:15:33 > 6:15:36about ways to deal with the past.
6:15:36 > 6:15:38Since the Human Rights Act has come into effect,
6:15:38 > 6:15:40there's a greater emphasis now
6:15:40 > 6:15:42on not just how they died,
6:15:42 > 6:15:45but also on the circumstances leading to that death
6:15:45 > 6:15:48and the attribution of responsibility as well,
6:15:48 > 6:15:50who's responsible for the death.
6:15:50 > 6:15:52If you imagine the family of somebody who was shot,
6:15:52 > 6:15:57for example, or allegedly shot by a British soldier,
6:15:57 > 6:15:59a traditional inquest isn't going to provide very much
6:15:59 > 6:16:01extra information for them.
6:16:01 > 6:16:05Really what they want to know is much more about the circumstances
6:16:05 > 6:16:07of who planned the operation,
6:16:07 > 6:16:11were all measures taken to protect the life of that person?
6:16:11 > 6:16:14Could they have been arrested rather than being shot in the first place?
6:16:14 > 6:16:17And these are questions now that the Coroner,
6:16:17 > 6:16:20in the course of the inquest, has the power to investigate
6:16:20 > 6:16:22where previously he wouldn't have had.
6:16:22 > 6:16:24Leading lawyer Michael Mansfield
6:16:24 > 6:16:27believes an inquest needs to be opened
6:16:27 > 6:16:32into the deaths of ten people shot by the Army in Ballymurphy in 1971.
6:16:33 > 6:16:37He says that the changes have placed families
6:16:37 > 6:16:39at the heart of the process.
6:16:39 > 6:16:41Obviously they want the truth about what happened.
6:16:41 > 6:16:45They want it on record and they want accountability. They all want that,
6:16:45 > 6:16:46but they also want -
6:16:46 > 6:16:50and they're all united in this, whatever their backgrounds -
6:16:50 > 6:16:53they want to change the system. They want to ensure that
6:16:53 > 6:16:58the system that has allowed these atrocities in the first place
6:16:58 > 6:16:59does not occur again.
6:17:05 > 6:17:06With blame at stake,
6:17:06 > 6:17:10the past in Northern Ireland is very much in the present.
6:17:16 > 6:17:18But progress has been slow -
6:17:18 > 6:17:21only one or two inquests can be heard a year,
6:17:21 > 6:17:24meaning families have had to wait decades.
6:17:26 > 6:17:31Controversial killings have turned into extended battles over evidence.
6:17:31 > 6:17:36And that means some of the inquest backlog goes back 40 years,
6:17:36 > 6:17:40and includes some of the most well-known episodes of the Troubles,
6:17:40 > 6:17:44like Ballymurphy, Kingsmills, and Loughgall.
6:17:47 > 6:17:51Now, more than 50 cases, involving 98 deaths,
6:17:51 > 6:17:53are still waiting to be heard.
6:17:56 > 6:17:58To address this delay,
6:17:58 > 6:18:02the Lord Chief Justice decided to overhaul the inquest system.
6:18:04 > 6:18:06There does remain a window of opportunity
6:18:06 > 6:18:09to deal with this crucially important issue
6:18:09 > 6:18:11and, indeed, to map a way forward
6:18:11 > 6:18:14on all aspects of dealing with the past.
6:18:14 > 6:18:17This opportunity simply must not be squandered.
6:18:19 > 6:18:24Sir Declan Morgan ordered a review into the outstanding legacy cases
6:18:24 > 6:18:26and to identify the reasons for delay.
6:18:28 > 6:18:30During the course of the review, it became obvious
6:18:30 > 6:18:34that there was a common problem across many of the cases -
6:18:34 > 6:18:38both the MoD and the police were often slow about releasing evidence.
6:18:40 > 6:18:42Daniel Holder is a human rights campaigner.
6:18:43 > 6:18:46This has been going on for years.
6:18:46 > 6:18:49Numerous excuses and obstacles have been put in the place
6:18:49 > 6:18:52of inquests taking place.
6:18:52 > 6:18:56Now, largely these relate to the failure of key state agencies,
6:18:56 > 6:18:58the military, the police etc,
6:18:58 > 6:19:02to disclose documents and records in a timely fashion.
6:19:02 > 6:19:06The Ministry of Defence and the police told the review
6:19:06 > 6:19:10many of the delays were the result of a lack of resources.
6:19:10 > 6:19:13The review was critical of this explanation.
6:19:20 > 6:19:23The murder of GAA man Sean Brown
6:19:23 > 6:19:27is a case that shows the problems with disclosure.
6:19:27 > 6:19:29The chairman of the Bellaghy Football Club was abducted
6:19:29 > 6:19:34by the LVF as he locked up the club one night in May 1997.
6:19:37 > 6:19:39INAUDIBLE
6:19:39 > 6:19:42Poet Seamus Heaney knew Sean Brown.
6:19:42 > 6:19:45He said the killing of the sportsman had hurt his soul.
6:19:47 > 6:19:51The lustral wash and run of river shallows
6:19:51 > 6:19:56That we heard of Sean Brown's murder in the grounds of Bellaghy GAA Club
6:19:56 > 6:20:01And imagined hose-water smashing hard back off the asphalt
6:20:01 > 6:20:05In the car park where his athlete's blood ran cold.
6:20:11 > 6:20:13How hard was it for you coming back down here?
6:20:13 > 6:20:17I had been playing football up until that.
6:20:17 > 6:20:20I sort of lost heart in it after my father was killed
6:20:20 > 6:20:21and now it...
6:20:21 > 6:20:24It always brings it back every time you come in the gates,
6:20:24 > 6:20:27you see his name above the gate here.
6:20:27 > 6:20:29It's always in your head anyway.
6:20:29 > 6:20:32Tell me what happened to your father that night.
6:20:32 > 6:20:34My father was locking up the gate here at the club
6:20:34 > 6:20:39and he was pounced on by I don't know how many men.
6:20:39 > 6:20:44They then drove him from here down through Toomebridge
6:20:44 > 6:20:46to a slip road just at the end of the motorway at Randalstown,
6:20:46 > 6:20:49where he had been... was shot six times.
6:20:51 > 6:20:54And his body was left beside his burnt-out car.
6:20:54 > 6:20:56No-one has been charged with the murder.
6:20:56 > 6:21:00The family feel let down by previous investigations.
6:21:00 > 6:21:02So your family have never had an inquest?
6:21:02 > 6:21:04No, we never had an inquest.
6:21:04 > 6:21:06There has been...
6:21:06 > 6:21:09I think it's 26 preliminary hearings.
6:21:09 > 6:21:11But after a period of time you say to yourself,
6:21:11 > 6:21:13"What is the point in going here
6:21:13 > 6:21:15"because we're not hearing anything new."
6:21:15 > 6:21:20There's always somebody dragging their feet in some way or another,
6:21:20 > 6:21:23and to hold the inquest off for whatever reason.
6:21:23 > 6:21:24Whatever reason they see.
6:21:26 > 6:21:31In a lot of cases, the PSNI had to release files and documents
6:21:31 > 6:21:34and they weren't coming forward with them.
6:21:34 > 6:21:37They said they would have them for a certain date and then
6:21:37 > 6:21:39that date was pushed back again.
6:21:39 > 6:21:43You know, it just kept dragging it out and dragging it out,
6:21:43 > 6:21:47and we're just no further forward than we were, say, 15 years ago.
6:21:51 > 6:21:55The police said they are managing more than 60 legacy cases
6:21:55 > 6:21:57and are not dragging their feet.
6:21:58 > 6:22:03The Lord Chief Justice was hoping to address delays with his new plan.
6:22:03 > 6:22:06He said he could clear the backlog within five years.
6:22:07 > 6:22:11Without the plan, it could take until 2040 to hear
6:22:11 > 6:22:13all the existing cases.
6:22:13 > 6:22:16The families understood that a crucial part of the plan involved
6:22:16 > 6:22:19speeding up the disclosure process.
6:22:19 > 6:22:22A new unit would take over the handling of documents
6:22:22 > 6:22:25from the PSNI and the Ministry of Defence.
6:22:25 > 6:22:28The Lord Chief Justice's plan provides a blue print
6:22:28 > 6:22:32whereby the backlog of legacy inquests can be taken forward
6:22:32 > 6:22:35probably within five years, but there are two important caveats.
6:22:35 > 6:22:38Firstly, they need the resources to do it, but secondly also
6:22:38 > 6:22:41the pattern of obstruction, the pattern of not co-operating,
6:22:41 > 6:22:46of declining to provide documents, either in a timely fashion
6:22:46 > 6:22:49or even declining to provide them at all, has to stop.
6:22:49 > 6:22:53As well as the co-operation of the PSNI and the MoD,
6:22:53 > 6:22:57the Lord Chief Justice also needed money.
6:22:57 > 6:22:59It was at this stage that the Lord Chief Justice's plan
6:22:59 > 6:23:03moved out of the courthouse and into the political arena.
6:23:04 > 6:23:06The Lord Chief Justice took the plan to the
6:23:06 > 6:23:09then Justice Minster, David Ford.
6:23:10 > 6:23:14In April this year, David Ford submitted a bid for funding
6:23:14 > 6:23:17to the First Minister and Deputy First Minister.
6:23:18 > 6:23:20It went no further.
6:23:21 > 6:23:25Arlene Foster refused to bring the proposal to the full Executive.
6:23:26 > 6:23:30And when her veto was leaked, it quickly became an election issue.
6:23:32 > 6:23:35We put forward specific proposals of how we could fund those legacy
6:23:35 > 6:23:38inquests because of the good work being done by the Lord Chief Justice
6:23:38 > 6:23:41and by other judges, and that has been blocked.
6:23:41 > 6:23:43I wanted the opportunity to discuss further
6:23:43 > 6:23:46with the Lord Chief Justice around the issues of innocent victims
6:23:46 > 6:23:49and how we could deal with their issues.
6:23:49 > 6:23:51And I make no apology for that whatsoever.
6:23:51 > 6:23:54I think the rights of innocent victims are very key in all of this
6:23:54 > 6:23:58and I will not allow, I will not allow any process
6:23:58 > 6:24:00to rewrite the past of what happened in Northern Ireland.
6:24:00 > 6:24:03I'm very fundamental on that and it will not change
6:24:03 > 6:24:05either before the election or after the election.
6:24:07 > 6:24:10Although the First Minister said she would have further discussions
6:24:10 > 6:24:14with the Lord Chief Justice about his proposal, she does not
6:24:14 > 6:24:18appear to have done so in the five months since the election.
6:24:18 > 6:24:21It became fairly clear during the election campaign that
6:24:21 > 6:24:25Arlene Foster was responsible for not allowing that bid to go forward.
6:24:25 > 6:24:28But it seemed to be based on the concept that the process
6:24:28 > 6:24:32was unbalanced, that if we didn't proceed on all legacy matters
6:24:32 > 6:24:35then we shouldn't proceed on any of them.
6:24:35 > 6:24:38The reason unionists like Arlene Foster see the process
6:24:38 > 6:24:43as potentially unbalanced and in danger of rewriting the past
6:24:43 > 6:24:47may be because the vast majority of deaths involved were allegedly
6:24:47 > 6:24:49caused by the state.
6:24:51 > 6:24:54Ben Lowry is the Deputy Editor of the Newsletter.
6:24:54 > 6:24:57He says the First Minister is right.
6:24:57 > 6:25:00And he's concerned that victims of republican violence
6:25:00 > 6:25:01are being ignored.
6:25:01 > 6:25:06I have no dispute with the wish of the families
6:25:06 > 6:25:09to have scrutiny of their deaths.
6:25:09 > 6:25:13I'm saying that it's coming into the context of a very much
6:25:13 > 6:25:15larger number of deaths.
6:25:15 > 6:25:19We've got readers who are very distressed victims of IRA violence.
6:25:19 > 6:25:22A lot of things that have happened, and the fact that they -
6:25:22 > 6:25:25although they may not put it in this way -
6:25:25 > 6:25:31have no prospect of even really finding out what happened, erm,
6:25:31 > 6:25:33when their relatives were killed.
6:25:33 > 6:25:37It's this perceived imbalance that may have prompted the First Minister
6:25:37 > 6:25:41to talk of an attempt to rewrite history.
6:25:41 > 6:25:44It's not a view shared by Martin McGuinness.
6:25:44 > 6:25:48I would be concerned that anybody would think
6:25:48 > 6:25:53that the Lord Chief Justice is interested in re-writing the past.
6:25:53 > 6:25:54I don't think he is.
6:25:54 > 6:25:58I am certainly not interested in re-writing the past
6:25:58 > 6:26:01because there are many different narratives about the conflict
6:26:01 > 6:26:04and the cause of the conflict.
6:26:04 > 6:26:07And of course everybody that was part of that conflict
6:26:07 > 6:26:10including, you know, many of the unionist parties,
6:26:10 > 6:26:13are as much part of that past as anybody else.
6:26:13 > 6:26:16But, you know, what we have to do is find ways forward to resolve
6:26:16 > 6:26:17these situations.
6:26:17 > 6:26:21But Ben Lowry fears a partial view of the Troubles is emerging.
6:26:23 > 6:26:27I think the process in recent years has become one-sided.
6:26:27 > 6:26:30I don't think that it's a conspiracy or anything.
6:26:30 > 6:26:33I think there are of course people who want to pursue the state
6:26:33 > 6:26:35vindictively but I don't think that that's what's happening.
6:26:35 > 6:26:40I think that the state is more vulnerable in these processes
6:26:40 > 6:26:41because it has records.
6:26:41 > 6:26:46It has become so one-sided and so distorted,
6:26:46 > 6:26:49the way that we're looking at the past,
6:26:49 > 6:26:53that it is approaching the level of a crisis.
6:26:53 > 6:26:57But for some of the families, it is not a question of rewriting
6:26:57 > 6:27:01the past but of correcting errors on the public record.
6:27:01 > 6:27:05The killing of Leo Norney happened here at the Shepherd's Path
6:27:05 > 6:27:08at Whiterock Road late on Saturday night.
6:27:08 > 6:27:11But why it happened has become a matter of very great dispute.
6:27:11 > 6:27:16Leo Norney was 17 when he was shot and killed by the Army
6:27:16 > 6:27:18in West Belfast.
6:27:18 > 6:27:21Soldiers involved in the shooting claimed Leo was a gunman.
6:27:23 > 6:27:26But he had been stopped and searched minutes earlier
6:27:26 > 6:27:27by another military patrol.
6:27:28 > 6:27:30He wasn't carrying a weapon.
6:27:31 > 6:27:35His mother never stopped trying to clear his name.
6:27:35 > 6:27:38Well, I've wrote to President Carter.
6:27:38 > 6:27:40I've wrote to the Queen.
6:27:40 > 6:27:41Roy Mason.
6:27:41 > 6:27:42Kenneth Newman.
6:27:42 > 6:27:45- Well, you've always maintained your son's innocence?- Oh, yes.
6:27:45 > 6:27:48And you've always denied the Army claims that he was a gunman?
6:27:48 > 6:27:52- That's correct.- How long are you going to keep up your campaign?
6:27:52 > 6:27:54Until my two eyes are shut and I'm dead.
6:27:54 > 6:27:56And then it'll be finished with.
6:27:58 > 6:28:00Annie Norney died in 1997,
6:28:00 > 6:28:04and Leo's sister is now fighting for a new inquest.
6:28:06 > 6:28:08My parents are dead,
6:28:08 > 6:28:11so what I want is an apology,
6:28:11 > 6:28:13and I want it made to them,
6:28:13 > 6:28:19because their lives were well and truly devastated by Leo's death
6:28:19 > 6:28:24and by the attitude of the authorities when my mother
6:28:24 > 6:28:27was trying to get to, you know, to the bottom, to get the truth.
6:28:29 > 6:28:32The soldier who killed Leo Norney was sent to jail
6:28:32 > 6:28:36soon after Leo's death for planting evidence on a civilian.
6:28:37 > 6:28:40But the soldier's conviction was never disclosed
6:28:40 > 6:28:41to the original inquest.
6:28:43 > 6:28:48Like many relatives in these cases, Anne wants a second inquest,
6:28:48 > 6:28:51because new evidence has emerged in the intervening years.
6:28:52 > 6:28:55Such as the evidence of this man.
6:28:55 > 6:28:58I've his photograph in my phone for the last ten years.
6:28:58 > 6:29:01Francis Pyper was 14 when he and three friends
6:29:01 > 6:29:04witnessed the killing and aftermath.
6:29:04 > 6:29:07But he was not called to the original inquest and he has
6:29:07 > 6:29:10not told Anne his story until now.
6:29:10 > 6:29:14How far away were you from Leo and those soldiers?
6:29:14 > 6:29:15As far as that wall.
6:29:15 > 6:29:18The way Leo was shot, he was shot in the back there, right.
6:29:18 > 6:29:20Now, how do you know that?
6:29:20 > 6:29:22How do you know he was shot in the back?
6:29:22 > 6:29:24Because we were walking across the field.
6:29:24 > 6:29:26We seen, they shot him, he was trying to get back to
6:29:26 > 6:29:29the taxi when the first shot went off.
6:29:29 > 6:29:32If you look at the postmortem report, the entry wound went into
6:29:32 > 6:29:34his left shoulder and it came out.
6:29:34 > 6:29:37It ripped into his heart and out, and fractured his right ribcage.
6:29:37 > 6:29:40When you pointed to the left shoulder I was amazed,
6:29:40 > 6:29:44because that information isn't in the public domain.
6:29:44 > 6:29:47I haven't even discussed this with my family.
6:29:47 > 6:29:50But Anne and family are still waiting for the evidence
6:29:50 > 6:29:52to be put in front of a new inquest.
6:29:52 > 6:29:55They want to prove Leo was killed unlawfully.
6:29:55 > 6:29:58What's stopping your inquest at the moment?
6:29:58 > 6:29:59Arlene Foster -
6:29:59 > 6:30:03she's blocked this important funding.
6:30:04 > 6:30:06What right has she to block funding?
6:30:06 > 6:30:07My brother...
6:30:07 > 6:30:12There is a legal entitlement that he has an inquest.
6:30:12 > 6:30:18The Attorney General has ordered this inquest.
6:30:18 > 6:30:19It has to be held.
6:30:19 > 6:30:23But Miss Foster, she's there to represent everybody.
6:30:24 > 6:30:28But she seems to be saying to us and other families,
6:30:28 > 6:30:30"I'm not going to do it."
6:30:30 > 6:30:33She's saying these lives didn't matter.
6:30:34 > 6:30:38We asked to speak to Arlene Foster for this programme but she declined.
6:30:40 > 6:30:43Sir Declan Morgan's plan to deal with the backlog of inquests
6:30:43 > 6:30:47is still waiting to go in front of the Executive for approval.
6:30:47 > 6:30:49The review is proceeding at pace...
6:30:49 > 6:30:51The Department of Justice told Spotlight
6:30:51 > 6:30:54the proposal is under review,
6:30:54 > 6:30:58but the First Minster's objections and her veto seem to remain.
6:31:00 > 6:31:04Last month, the Lord Chief Justice spoke publicly about his
6:31:04 > 6:31:05frustration at the delay.
6:31:07 > 6:31:11It is now almost a year since I assumed the Presidency.
6:31:11 > 6:31:15The coroner's courts will not be able to satisfy their legal
6:31:15 > 6:31:18obligation to deliver these inquests within a reasonable timeframe
6:31:18 > 6:31:22in the absence of the necessary resources.
6:31:22 > 6:31:25I do not want us to remain in that position since that would be
6:31:25 > 6:31:29yet another devastating blow to the families.
6:31:29 > 6:31:32Calls for the British Government to ignore the First Minister's
6:31:32 > 6:31:36objections and pay directly for the inquests are supported
6:31:36 > 6:31:39by barrister Michael Mansfield.
6:31:39 > 6:31:43How do you feel about the fact that the Executive is ignoring
6:31:43 > 6:31:45- the top judge in this country? - Well, it's appalling.
6:31:45 > 6:31:48The divisions here are so deep, that there will be people wanting
6:31:48 > 6:31:51to block it until kingdom come and you won't get the truth.
6:31:51 > 6:31:53Should the Secretary of State not step in, then?
6:31:53 > 6:31:56Yes, I think the Secretary of State should step in,
6:31:56 > 6:31:57so that's why I'm saying, actually,
6:31:57 > 6:32:00the Secretary of State in England should be stepping in,
6:32:00 > 6:32:02never mind the Secretary of State here.
6:32:02 > 6:32:04So in other words, the Home Secretary should be taking
6:32:04 > 6:32:08some responsibility, but more particularly the Prime Minister.
6:32:08 > 6:32:11The Secretary of State for Northern Ireland told us that
6:32:11 > 6:32:15because justice is devolved, it is up to the Executive
6:32:15 > 6:32:16to resolve the issue.
6:32:19 > 6:32:22Nevertheless, the Deputy First Minister insists
6:32:22 > 6:32:25it's the UK Government - and not the DUP -
6:32:25 > 6:32:28that's the main obstruction.
6:32:28 > 6:32:32He told Spotlight he wrote to Prime Minister Theresa May last week
6:32:32 > 6:32:36to start new talks on resolving the legacy issues like inquests.
6:32:36 > 6:32:40I would love the DUP to agree that we would make a joint request
6:32:40 > 6:32:43to the British Government to release that money
6:32:43 > 6:32:45for the Lord Chief Justice.
6:32:45 > 6:32:50But in the absence of that, the responsibility for denying
6:32:50 > 6:32:53the Lord Chief Justice the funding to complete his programme
6:32:53 > 6:32:57over the course of five years lies fairly and squarely at the door
6:32:57 > 6:32:59of the British government.
6:33:00 > 6:33:03But David Ford feels the responsibility to solve this
6:33:03 > 6:33:06stalemate lies with Sinn Fein and the DUP.
6:33:06 > 6:33:10I think it illustrates the real problems of the so-called
6:33:10 > 6:33:14"Fresh Start", that it wasn't actually a fresh start for victims.
6:33:14 > 6:33:17It was anything but a fresh start for victims, and yet the government
6:33:17 > 6:33:21did the deal with the two biggest parties to the detriment of those
6:33:21 > 6:33:23who are wanting to see a full outcome dealing
6:33:23 > 6:33:25with all the legacy issues.
6:33:25 > 6:33:27You are placing the responsibility for this at the foot
6:33:27 > 6:33:29of the British Government.
6:33:29 > 6:33:31Is this an attempt to paper over the cracks
6:33:31 > 6:33:33between Sinn Fein and the DUP?
6:33:34 > 6:33:37No, I never paper over the cracks.
6:33:37 > 6:33:40There are differences of opinion between us and the DUP
6:33:40 > 6:33:41on a range of issues.
6:33:41 > 6:33:43Er...
6:33:43 > 6:33:47It's also true that we agree about more things than we disagree about,
6:33:47 > 6:33:50so we should always keep this in perspective.
6:33:51 > 6:33:54We're not agreed on academic selection,
6:33:54 > 6:33:57we're certainly not agreed on the issue of the request by
6:33:57 > 6:34:00the Lord Chief Justice, and I do think the British Government
6:34:00 > 6:34:03could quite easily, even against the backdrop of
6:34:03 > 6:34:06no agreement within the Executive Office,
6:34:06 > 6:34:08release those funds to the Lord Chief Justice.
6:34:08 > 6:34:11And I think questions need to be asked as to why they are not
6:34:11 > 6:34:12prepared to do that.
6:34:12 > 6:34:15With different views on how to deal with the past,
6:34:15 > 6:34:19the problem is finding common ground on how to go forward.
6:34:20 > 6:34:22Rosaleen is just one of many.
6:34:24 > 6:34:27Nobody's speaking. Nobody's doing nothing.
6:34:27 > 6:34:29And it's wrong. It's bad.
6:34:32 > 6:34:35You know, it's not just the killers and the murderers
6:34:35 > 6:34:37that do the damage.
6:34:38 > 6:34:42It is also authorities,
6:34:42 > 6:34:47by their lack of support and help,
6:34:47 > 6:34:49and they could finish it so quick,
6:34:49 > 6:34:51but they just choose not to.
6:34:56 > 6:34:59But while the issue remains unresolved,
6:34:59 > 6:35:02the pain of the past never goes away.