Advertisement

Dalton lawyers consider Europe

Sean Dalton with his wife Polly at home in the 1980s. (Photo: Dalton family)
Sean Dalton with his wife Polly at home in the 1980s. (Photo: Dalton family)

KRW Law said it is carefully considering a 115 page judgement handed down by the Supreme Court on Wednesday that allowed an appeal by the Attorney General of NI against a judicial review application for a new inquest.

Mr. Dalton was 54 when he was killed in the ‘Good Samaritan’ bomb on August 31, 1988. His neighbour Sheila Lewis, aged 68 also died instantly. His friend Gerry Curran, aged 57, was fatally injured.

They had been going to check on a vulnerable neighbour when they inadvertently triggered an IRA booby-trap bomb.

His family have being seeking answers as to why an explosive device was allowed to remain in a built-up residential area for days prior to his death and brought judicial review proceedings in 2014.

Lawyers for the family contended that the State had not satisfied its right to life obligations under Article 2 of the European Court of Human Rights.

But on Wednesday the Supreme Court allowed an appeal by the Attorney General against a new coronial inquiry.

One of the reasons cited was that the Human Rights Act ‘does not impose any procedural obligation to investigate deaths which occurred more than 12 years before it came into force on 2 October 2000’.

KRW Law said: “We will consider this judgment carefully specifically whether to bring the matter to the ECHR at Strasbourg.”

The Pat Finucane Centre said: "The family are taking time to consider the judgment before issuing a statement.”

READ MORE: Supreme Court allows appeal against fresh inquest into ‘Good Samaritan’ bombing