The family of the first child to die in the Troubles is set to receive “significant compensation” over his killing by police in west Belfast, the High Court in Belfast heard on Thursday.
An apology was also issued for their hurt and suffering since nine-year-old Patrick Rooney was shot dead in his own home at the Divis Flats in August 1969.
The settlement was announced in a legal action taken by the boy’s elderly mother against the Police Service of Northern Ireland (PSNI) for the unlawful death.
Urging the authorities to ensure no further delays in approving the undisclosed figure, Mr Justice Rooney said: “This is an extraordinarily sad case.”
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Patrick died after Royal Ulster Constabulary (RUC) officers opened fire from vehicle-mounted machine guns to deal with disturbances at the beginning of the conflict.
He had taken shelter along with his five siblings and their parents, Neilly and Alice, in a bedroom at their home in a bid to stay safe from the shooting outside.
Up to 200 high velocity rounds were discharged, striking a number of properties in the tower blocks.
Patrick, the eldest of the six children, was shot through the head in front of the rest of his family.
His parents were unable to secure medical assistance at the scene.
Instead, his father Neilly and other members of the public had to carry him from the immediate area to reach an ambulance.
Following the fatal shooting, members of the RUC took steps to prevent an adequate or effective probe into the circumstances, according to the family’s lawyers.
In 2021 a Police Ombudsman report identified significant operational and investigative failures during the killing of Patrick and three others in Belfast at that time.
The use of Browning machine guns mounted on RUC Shorland vehicles to deal with civil unrest in the area was criticised as fundamentally flawed, disproportionate and dangerous.
However, no surviving ex-police officer was prosecuted due to a lack of evidence.
Ombudsman investigators were unable to identify which vehicle the shot which killed Patrick was fired from.
His 88-year-old mother Alice sued the Chief Constable over both the shooting and the failure to conduct an effective inquiry or discipline the officers responsible.
Damages were sought for negligence, breach of statutory duty, assault and battery, conspiracy to commit an unlawful act, and misfeasance in public office.
Mrs Rooney was unable to accompany other family members to court on Thursday due to ill-health. Her barrister, Patrick Lyttle KC, confirmed that the terms of a settlement have been reached.
Under the terms of the resolution an apology from the PSNI was read out in open court.
Formal authorisation for the undisclosed damages is still to be obtained from the Policing Board, along with the Department of Justice and Department of Finance at Stormont.
Mr Lyttle confirmed: “A significant figure in terms of compensation has been agreed.”
The judge called on the authorities to fast-track the settlement reached over the killing of Patrick.
Outside court, the Rooney family described it as a “bittersweet” outcome.
Even though no police officers were ever charged over the killing, Mr Rooney acknowledged the settlement represented a vindication for his mother and late father.
“My daddy died in 2013, and on his death bed he asked us to keep going and don’t let this go,” he said.
In an emotional recollection of the events surrounding Patrick’s death, he added: “It was horrific that night, I was eight years old and imagined (the police) kicking the door in to line us up and shoot us.
“We were frightened out of our lives, they petrified us.”
“While a financial settlement does not right the RUC’s wrongdoing, we are satisfied that we have been able to secure a significant settlement, the terms of which are confidential, and moreover an apology for Mrs Rooney,” said the family’s solicitor, Katie McAllister of Madden and Finucane.
