THE brother of a man shot dead by loyalists in West Belfast in 1994 says he "remains hopeful" that all is not lost in his brother's inquest after the Court of Appeal rejected a bid from the Secretary of State to keep key files a secret.
Paul ‘Topper’ Thompson (25) was shot dead by a UDA gunman on 27 April 1994, after firing through a hole in the peace wall that separated the nationalist Springfield Park and the loyalist Springmartin Road. Paul was sitting in the passenger seat of a taxi when he was hit.
Earlier that day residents had notified the RUC that the peace wall had been breached. No action was taken to either repair it, or to provide security for residents on the nationalist side of the peace wall, even though it was known that the area was subject to regular attacks by loyalist gangs.
Last Saturday, a commemoration took place at Paul's Springfield Park memorial stone to mark the 30th anniversary of his murder.
'Topper's' friends joined Eugene to mark Paul's 30th anniversary which took place last Saturday
Mr Thompson’s inquest has been ongoing since 1995 but there was not a substantive hearing until 2023 which has been hit with significant delays.
Last month, Secretary of State Chris Heaton Harris and PSNI Chief Constable Jon Boutcher took legal action to stop a coroner producing a gist, or summary, of sensitive information in the case which was later thrown out by the judge.
On Tuesday, the Court of Appeal dismissed another legal bid from Secretary of State Chris Heaton-Harris to prevent the disclosure of sensitive information relating to the shooting. The Court of Appeal did however allow for a stay of disclosure until the Secretary of State took the case to the Supreme Court.
The Secretary Of State did concede in writing that if their case was lost the gist could still be disclosed beyond the Legacy Act deadline of May 1 as the order for its disclosure was before that date.
Following the Court of Appeal decision, Coroner Fiona Fee told the court that in her view the information being withheld is central to the issues in the inquest and particularly relevant to the scope of the inquest.
Without the sensitive information being considered she stated: “I don’t believe I am able to conduct a proper investigation into Paul's death. It is with significant regret that I am unable to continue and complete the inquest.”
Justice Fee told the court that she felt this case required a public inquiry which could allow for a full examination of the evidence both in closed and open hearings.
Paul Topper Thompson Inquest: Coroner Fee calls for a public inquiry on the Topper Thompson case. 30 years after his killing almost to the day.
— Relatives 4 Justice #NeverGivingUp (@RelsForJustice) April 30, 2024
She said she would be writing “as a matter of urgency” to the Secretary Of State requesting that a public inquiry be established into Paul's death.
Speaking to the Andersonstown News, Paul's brother Eugene said he "remained hopeful" in his fight for justice.
"It is not over yet. We can still get the gist because the order for its disclosure was made before the May 1 deadline.
"I am still feeling hopeful. Yesterday was a positive day in court. We have won on every possible count against the Secretary of State and we will see what happens now."
