THE coroner for Greater Belfast was criticised yesterday for refusing to call two soldiers to give evidence at the inquest on three men shot by the SAS.
Mr Seamus Treacy, barrister, said in the North's High Court that the decision meant the inquest would be left completely devoid of any relevant British army testimony, especially as the two soldiers who shot the men had refused to give evidence and could not be compelled to do so.
Mr Treacy was appearing at a judicial review brought by the widow of John McNeill, who was killed along with Peter Thompson and Eddie Hale during a robbery at a betting shop on the Whiterock Road, Belfast in January, 1990.
Mr McNeill's widow is seeking an order to compel the coroner, Mr John Leckey, to call the two witnesses, known as Soldiers C and G, who gave evidence at the original inquest which was aborted.
Mr Treacy referred to Mr Leckey's statement that neither soldiers was a witness of "primary causes" and their evidence did not go beyond "secondary causes" category.
"These categories are inventions of the coroner and are an unwarranted and unhelpful gloss on the statutory test and only serve to confuse", said Mr Treacy
He said the soldiers were part of the same undercover unit as the soldiers who shot the three men and soldier C had driven past seconds after the shooting.
Mr Treacy said Mr Leckey's reversal of his previous decision to call the two soldiers was contrary to the interests of justice.
Mr Justice Kerr reserved judgment.