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Lawyers in Reavey case questioned cause of death, court hears

BBC Three individual framed pictures of brothers Anthony, John Martin and Brian Reavey sit on top of a table. The pictures are black and white. John Martin has short dark hair and is smiling, Brian has long dark hair and is smiling while Anthony has curly, long lighter hair.BBC
The three Reavey brothers, John Martin, Brian and Anthony Reavey, who were murdered in a UVF attack at their family home in south Armagh

The chief constable did not know lawyers representing the PSNI in a civil action over the shooting of three Catholic brothers were questioning the cause of death of one of the victims, the High Court has heard.

Jon Boutcher is now seeking a new legal team for the claim brought against both police and the Ministry of Defence (MoD) in connection with the loyalist gun attack on John Martin, Brian and Anthony Reavey.

Proceedings have been put on hold until Thursday following the mid-trial development.

The three victims were shot by UVF gunmen who entered the family's home in Whitecross, County Armagh, in January 1976.

John Martin, 25, and Brian, 22, were both killed instantly, while 17-year-old Anthony was wounded in the gunfire and died later in hospital from a brain haemorrhage.

Their brother, Eugene Reavey, claims members of the Ulster Defence Regiment and the Royal Ulster Constabulary were involved with the UVF in the murders.

He is seeking damages for negligence, misfeasance in public office and trauma from his alleged treatment in the aftermath of the attack.

Last week he gave evidence and was cross-examined by barrister Mark Robinson KC on behalf of both the PSNI and MoD.

But a conflict of interests between the two defendants has emerged over suggestions that the death of Anthony Reavey may not have been directly due to the shooting.

In court on Monday, Robinson disclosed that the PSNI decided over the weekend to seek separate representation.

He confirmed one point of conflict between the two defendants related to the cause of Anthony Reavey's death.

"That is one of the issues. I'm not at liberty to explore the others," Robinson added.

Long-term adjournment refused

A PSNI solicitor appeared in court and sought an adjournment to allow time to instruct new barristers.

In a statement explaining the reasons for the application he said: "The chief constable wishes to make it clear to all the parties in these proceedings that he did not know the position was being advanced that Anthony Reavey's death was not necessarily caused by the attack against him and his brothers.

"The chief constable accepts that the attack caused the death of Anthony Reavey."

Counsel for the victim's brother, Des Fahy KC, opposed any long-term halt to the case, arguing that it would be unfair to his elderly client.

But he added: "The plaintiff, Eugene Reavey, welcomes the correction of the record in relation to the case that was being put to him in cross-examination as it related to the death of Anthony Reavey."

Refusing any long-term adjournment, Mr Justice Kinney gave the chief constable until Thursday to put together a new legal team.