Decision on screens for Bloody Sunday police may be appealed

A judge's decision to allow 20 Bloody Sunday police witnesses to give their evidence from behind screens may be appealed, a lawyer…

A judge's decision to allow 20 Bloody Sunday police witnesses to give their evidence from behind screens may be appealed, a lawyer said yesterday.

Earlier, in the High Court in Belfast, Mr Justice Kerr dismissed an application for judicial review of Lord Saville's decision allowing police witnesses to be seen only by himself and lawyers.

The decision followed a claim by the witnesses that if they were seen in public their lives could be at risk from dissident republicans.

But the ruling was challenged by Mrs Mary Doherty, sister of 17-year-old Gerard Donaghy, one of 13 people shot dead by soldiers on January 30th, 1972.

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Mrs Doherty said she wanted to see the faces and demeanour of the police witnesses because it was crucial to relatives in establishing the truth of the reasons why and the circumstances in which their loved ones died.

It was argued on behalf of the police that their fears were genuine and that the screening process would not affect getting at the truth.

The case was heard last week and in a 34-page reserved judgment Mr Justice Kerr said it could hardly be said that the officers' fears were fanciful or manufactured when they were based on the contents of two risk assessment reports.

"Whatever doubts may attend the background to the applications for screening," said the judge, "the plain fact is that at the time those applications were made there was ample material on which to conclude that the fears of the officers were genuine and objectively warranted."

Turning to the submission that next-of-kin, at least, should be allowed to see the witnesses, Mr Justice Kerr said he had been told this would require an elaborate vetting procedure as the group involved some 120 persons.

He said he had no reason whatever to doubt the sincerity of Mrs Doherty's strongly worded condemnation of any attempt to attack or threaten any witness.

"It is clear all involved in the inquiry have been treated with great courtesy by representatives of the families," said the judge."But the matter for me is put beyond dispute by consideration of the logistical burden that would be involved in attempting to ensure that those who were permitted to observe the witnesses were bona fide members of the extended group and, more importantly, that they did not inadvertantly reveal details about the appearance of the witnesses which might increase the risk to them."

Mrs Doherty's lawyer said they would need to consider the judgment before deciding on an appeal. She said this would be done before Friday in order to cause as little inconvenience as possible to sittings of the inquiry. .