Northern Ireland's Health and Safety Executive has legal authority to investigate any suspected involvement of state agents in a triple murder carried out by loyalist paramilitaries more than 30 years ago, a High Court judge declared today.
Brian Frizzell, 29, was shot dead along with Eileen Duffy, 19, and 16-year-old Katrina Rennie in a notorious UVF attack on a mobile shop in the Drumbeg Estate, Craigavon back in March 1991.
Based on Police Ombudsman reports into separate terrorist atrocities, Mr Frizzell’s brother believes that RUC informants may have played a role in his killing.
Patrick Frizzell claims police failed in their obligation to protect his sibling, and that the Health and Safety Executive Northern Ireland (HSENI) is required to investigate that alleged dereliction.
In February last year the public body stated it had no statutory authority to carry out such a probe because the killing fell outside the scope of the Health and Safety at Work (Northern Ireland) Order 1978.
Mr Frizzell mounted a judicial review challenge to the HSENI decision, contending it was unlawful because police were not excluded from a duty set out in the legislation.
At a previous hearing the court was told he suspects the security forces were harbouring individuals connected to his brother’s murder.
A duty to protect Brian Frizzell was breached and should be investigated, it was argued.
Lawyers for the respondent had insisted that a factual basis was required for any reason to...
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