NATIONALIST politicians and the father of a murdered teenager, Ms Karen Reilly, reacted angrily yesterday to the decision to reopen the case of paratrooper Lee Clegg, who was convicted of her shooting.
The Northern Secretary, Sir Patrick Mayhew, announced yesterday morning that he was referring the ease to the Northern Ireland Court of Appeal.
Sir Patrick said he made the decision "in the light of new forensic evidence submitted to me by his solicitors". The Northern Ireland Office said the application was made six months ago.
The NIO said the decision to allow an appeal would only be made where the Secretary of State is satisfied that there is some new evidence, or other consideration of substance, which has not been before the court and which appears to cast doubt on the safety of the conviction".
Clegg was released 18 months ago after serving two years of a life sentence for the murder.
Speaking on BBC Radio Ulster, his solicitor, Mr Simon McKay, said the new evidence was "forensic and ballistic evidence which proves that not only did Lee Clegg not fire after that car passed him, but identifies the soldier by name who did fire the shot that hit the back of the ear'
Clegg was convicted of the murder in June 1993. Two previous appeals to the Court of Appeal and the House of Lords were both dismissed. In July 1995 he was released on licence following a decision by the Northern Ireland Life Sentence Review Board, sparking street disturbances in Derry and Belfast.
The Court of Appeal hearing said the fourth bullet was a crucial element in the ease against Clegg. The appeal heard that it was agreed between the forensic scientists called for the Crown, and the forensic scientists called for the defence, that the bullet found beneath Miss Reilly's liver had been fired from the rifle with which Private Clegg was armed on that night".
Mr McKay claimed last night new evidence showed the shot was not fired after the car had passed, "which is the critical point where his actions change from being justified in law to being unjustified".
He denied reports that Clegg wanted his conviction overturned so that he could join the SAS. The paratrooper is serving as a PT instructor in Catterick Barracks in Britain.
The Sinn Fein president, Mr Gerry Adams, described yesterday's decision as an insult to the families of Karen Reilly and Martin Peake. Both teenagers were shot dead in a stolen car outside west Belfast on September 30th, 1990.
He said it was "yet another example, in a long line of others, of the cavalier attitude of the British government to the lives of Irish people killed by its armed forces' The SDLP MP Dr Joe Hendron called for equal treatment for Irish prisoners awaiting appeals.
Karen Reilly's father said he hoped John Bruton doesn't keep quiet about this and if not him then someone from his Government should talk about this. It's not good enough. It stinks".
Mr Sean Reilly said he would attend the appeal hearing just as he attended the original eight-week trial. "Lee Clegg is determined that he's going to have his name cleared and I'm determined that he is not."
He said he was angry and shocked that an appeal was to be allowed after seven years, three courts and "nine judges finding this guy guilty".
