The BIRW Report - Witness Account - Ludlow Family Account - The Barron Inquiry - Terms of reference - 25th Anniversary - Profile - Questions - Photographs - Ed Moloney Radio Interview A Fresh Inquest for Seamus Ludlow On 3 July 2002 the Office of the Attorney General wrote to the Ludlow family's solicitor with the pleasant news that there was going to be a fresh inquest into the death of their late relative Seamus Ludlow. The original inquest of 19 August 1976 was an unsatisfactory affair conducted in the absence of the Ludlow family. There was no reference to the ballistics and forensic reports that were available at that time, and the Ludlow family heard no more information than was available in the local press. For many years there was a strongly held belief within the Ludlow family that the Gardai had gone to considerable lengths to ensure that no members of the Ludlow family, or their legal representatives, could be present at the inquest and ask awkward questions. Thus it was that the Ludlow family had only the local press reports of the inquest to rely upon and the important questions remained unanswered. The original inquest was described as follows by Jane Winter, Director, British Irish Rights Watch, in her independent Report on the Death of Seamus Ludlow, which was published in February 1999:
Speaking to the Dundalk Democrat, 20 July 2002, Seamus Ludlow's nephew, Jimmy Sharkey said the family were pleased to hear that there is going to be a second inquest and added that this time around, the family would be ensuring they will be fully involved. "We received confirmation from the Attorney General that the County Coroner, Ronan Maguire, has been instructed to proceed with a new inquest". Although it is not known yet when the inquest will open, Jimmy said his family did not mind a few months wait, after twenty-six years, to ensure that it will be fully prepared. "Two of the three bullets used in Seamus' murder were sent to Northern Ireland for forensic examination and up until last March hadn't been traced. One bullet may still be in the South, though its not certain. These bullets are going to have to be traced. "Also, the authorities never returned Seamus' clothes and so they should still be in storage somewhere". In the meantime, the Ludlow family are continuing to be involved with the private Inquiry being carried out by Justice Henry Barron. But they insist that both the inquest and inquiry will be dealt with as two different issues. As Jimmy explained: "it's twenty-six years since Seamus was murdered. Anything that comes along now can only help us. We see the inquest as yet another step, but we don't want a half-hearted effort. We want a fully-prepared inquest with all the information presented, including forensics and ballistics". What our friends said about this new development "Good news. Well done on your tenacity and hard work to bring it about. We've sent it for our site to highlight." Andree Murphy, Relatives for Justice This is extremely
good news I hope this will further your campaign for a fully independent
enquiry. "While the case of Seamus' murder will always be a source of deep sadness to his family, I am sure that this announcement is something of a relief. Ever since the "six to nine months maximum" 'Independent Commission of Inquiry' got underway into the Dublin and Monaghan Bombings in January 2000, your case was eclipsed. As the months have rolled into years, I could only imagine the frustrations you must have experienced. "It is so important Michael that you never give up on the right of your family to know the full truth about what happened on that terrible night in May 1976 to your innocent uncle Seamus. It is important that the agents of both the Irish and British States are made to account publicly for their actions and omissions which have caused you so much unnecessary distress and trauma." Don Mullan, author of Eyewitness Bloody Sunday and The Dublin and Monaghan Bombings. In March 2003 the Ludlow family was informed through an Irish News journalistic source that the Louth County Coroner Ronan Maguire was prepared to meet with the family shortly and that he was going to give access to the original Garda murder investigation files. These files were apparently quite extensive - amounting to some 100 witness statements - and the coroner was requesting further papers from the gardai before any inquest takes place. It was not immediately clear if the files include the RUC's 1977-1979 investigation file which identified the killers of Seamus Ludlow or the internal Murphy Report from 1998-1999 which investigated the original botched murder inquiry of 1976. When the garda files were handed over to the Ludlow family it was found that many pages were virtually illegible and that there was no sign of the vital forensics and ballistics reports. The file, which is now being carefully studied by the Ludlow family's lawyers, contained witness statements from various Ludlow family members, friends of the deceased Seamus Ludlow, persons who were with him during his last hours and various gardai involved in the murder investigation. At first glance there is little in the file that explains the gardai's attitude at the time. Nor is it explained why the original murder investigation was abandoned after only 19 days or why the gardai sought to deceive the Ludlow family regarding the suspects for this foul murder. There remain many questions that are left unanswered - for instance: where are the fatal bullets today; why was the original inquest held in secret with no involvement from the Ludlow family; and why were the killers allowed to go free? The following brief assessment of the garda file was made by Jane Winter, British Irish Rights Watch (BIRW), London, in her monthly Directors Report (31 March 2003): SEAMUS
LUDLOW At
long last the inquest papers in the case of Seamus Ludlow, cruelly murdered near
Dundalk in 1976, have come to light. We
believe that he was murdered by loyalists, some of whom were serving soldiers,
who came over the border from Northern Ireland.
The inquest papers have thrown up new leads in the case, which is
currently being examined by Judge Henry Barron.
Seamus Ludlow was a harmless man and an innocent victim who we think may
have made the mistake of accepting a lift from his murderers.
The older members of his family died without seeing any justice; we hope
that those who remain will not have to wait much longer. By the summer of 2003 there was still no sign of a date for the proposed fresh inquest into the death of Seamus Ludlow. Meanwhile, fresh inquests were announced, and quickly opened and adjourned, into the deaths of the 33 victims of the Dublin and Monaghan bombings of May 1974, and the deaths of three men in the Dublin bombings of 1972 and 1973. On 7 October 2003 the Irish News published a report headlined Coroner still awaiting copy of murder report which helped explain the long delay in opening the fresh inquest into Seamus Ludlow's tragic death. It was revealed that the County Coroner had still not received a vital copy of an internal Garda report into the murder investigation. Valerie Robinson,
the Irish News Southern Correspondent, reported that: "Co Louth
coroner Ronan Maguire yesterday (Monday) confirmed that he had requested a copy
of the 1998 report compiled by Chief Superintendent Ted Murphy. Here was an
admission that the Irish gardai were resisting access to important files that
were requested by the coroner, an echo of the obstruction from the RUC/PSNI and
the British Ministry of Defence that was being faced by coroners in the North of
Ireland, who were also trying to hold inquests after many years into the deaths
of victims of state killings in the Six Counties. The
Democrat continued: "Delays have been incurred in receiving relevant
information, but Mr Maguire has stated that he is still waiting on a particular
investigative report on the murder and a definitive explanation on the
whereabouts of Seamus Ludlow’s clothing and the bullets used." The Coroner was quoted: “I am still trying to trace the clothes although it is possible that they may have been destroyed, and I am still trying to locate the bullets and ascertain whether they are still in the possession of the Gardai. I would have thought they should be.” The Democrat report continued: "Seamus’ nephew, Jimmy Sharkey, has said previously that he understands two of the three bullets used in his uncle’s murder were sent to Northern Ireland for forensic examination, with one remaining in the South. He added that Seamus’ clothes were never returned to the family. "Photographs
from the murder scene which had been lost, have since been found and given to
the coroner. Ballistic reports have also been located." Mr Maguire told the Democrat that he wants to hear the second inquest straight through and that he does not want to see it adjourned. “I am not going to open and adjourn it. It will go ahead with as much information as I can get and I will hear it completely.” The County coroner said the original inquest of August 1976 had not heard from too many people. “Looking through the inquest file, there were only two other witnesses who were there for the purposes of identification. Obviously they were not family members as they had not been contacted. “There are also a number of files from people who saw Seamus Ludlow in Dundalk on the night he was murdered. "The inquest could go ahead before Christmas, depending on the family’s feelings. “Sometimes the families of the deceased do not want an inquest just before Christmas and if this is the case then I could be ready to go ahead with the inquest in early January.” The delays continued and it was not until the summer of 2005 that the Louth coroner was in a position to consider convening the inquest. Meanwhile human rights activist in Britain and Ireland came to the Ludlow family's support and raised their voices about the long delays and the obstructionist tactics being adopted by the Gardai. In a report by Valerie Robinson in The Irish News, 15 October 2004, among the disturbing revelations are confirmation that the Gardai were in effect obstructing the County Louth Coroner in his efforts to convene a fresh inquest into the death of Seamus Ludlow. It was also confirmed for the first time that two of the fatal bullets taken from Seamus Ludlow's body are missing - and the Garda have no explanation!: By Valerie Robinson The coroner due to reopen the inquest into the murder of Seamus Ludlow is threatening to complain to the attorney general about Garda unwillingness to cooperate fully. Louth County Coroner Ronan Maguire was instructed in July 2002 by the attorney general, Rory Brady, to reopen the inquest into the death of the forestry worker who was murdered by a loyalist gang in May 1976. The coroner is seeking a copy of an internal Garda report into the original investigation as part of his preparation work for the inquest. However, gardai this week told Mr Maguire that they were seeking legal advice before making a final decision on whether they would hand over the report by retired chief superintendent Ted Murphy. The news came as a surprise to the coroner, who had been assured by the Garda last month that he would receive a copy of the document, which has never been made public. Use this link to read the full report. >>>>> On hearing of the Gardai's latest failure to hand over the internal Murphy Report to the County Louth Coroner Ronan Maguire, Jane Winter, Director of British Irish Rights Watch (BIRW), London, wrote to the Attorney General and the Garda Commissioner Noel Conroy seeking their intervention in the matter. In her letter, BIRW director Jane Winter said: "It has been an open secret for some time now that Seamus Ludlow, a wholly innocent and inoffensive man, was murdered by loyalists during a border incursion by Northern Ireland soldiers who were also paramilitaries - a matter which we would have thought would have been of utmost concern to the Irish government." Ms Winter said the Ludlow family had been waiting an "unconscionable" 28 years for justice. Soon afterwards, the Gardai relented, and the Murphy file was handed over to the Louth coroner! The following comes from the October 2004 monthly report (dated 31 October) of British Irish Rights Watch, London, compiled by the human rights group's Director, Jane Winter: coroner finally receives copy of police file in case of seamus ludlow At long last An Garda Síochána have disclosed a copy of the police investigation file on the murder of Seamus Ludlow to the coroner who is holding a second inquest into this 1976 murder. Doubtless it was a coincidence that this change of heart took place after BIRW had written to the Chief Commissioner and the Attorney General saying, “It has been an open secret for some time now that Seamus Ludlow, a wholly innocent and inoffensive man, was murdered by loyalists during a border incursion by Northern Ireland soldiers who were also paramilitaries – a matter which we would have thought would have been of utmost concern to the Irish government. We do not know what it is that An Garda Síochána has to fear from an open examination of this unforgivable murder, but their constant refusal to reveal their files, firstly to the family’s lawyers and now to the Coroner, give the inescapable impression that, either through complicity or through collusion, they have something to hide.” Mr Justice Barron’s report on this terrible case is expected soon. In a statement (dated 30 October 2004) issued by Mr Bernard Moffatt, the Secretary General of The Celtic League criticised the obstructions placed in the path of the Co. Louth Coroner who was still pursuing a reopened inquest into the death of Seamus Ludlow. As Mr Moffatt stated: "The Celtic League had previously supported calls by the Ludlow family for a reopened inquest and an independent enquiry into his murder because of widespread suspicions that the loyalist murder gang involved were actively colluding with the British military intelligence services believed to be carrying out acts of violence south of the border at that time. "The League have urged the Justice Minister to speak out and remove any impediment which blocks access by the Coroner to documentation held by the Irish Police and ensure that they cooperate fully with the inquest process." Mr
Moffatt, had written to Mr Michael McDowell, the Irish Minister for
Justice, raising his concerns about the failure of the Garda to fully
cooperate with the Louth coroner. The full text of Mr Moffatt's letter
can be read by clicking on this link.
>>>>>
See the report Coroner to re-examine 1976 murder by Barry O'Kelly in The Sunday Business Post, 8 May 2005: The Co Louth coroner, Ronan Maguire,
confirmed this weekend that he would hold a fresh inquest into the
controversial killing following a campaign by “I
have been requested to do so by the Attorney General. There will be a
preliminary hearing at the end of the month, in advance of a full
inquest,” the coroner told The Sunday Business Post. Take this link to read the full report from The Sunday Business Post article. >>> See also The Argus, 6 May 2005. On 24 May 2005, at Dundalk Courthouse, the Ludlow family's near thirty-year-long wait for truth neared its end with a date being set for the full inquest into the death of Seamus Ludlow. Louth Coroner Ronan Maguire set 5 September 2005 at a preliminary hearing in Dundalk courthouse. it is expected to last for a number of days. The Coroner read a letter from the Attorney General confirming the Ludlow family's grave objections to the original sham inquest of August 1976. They had been denied participation in that inquest and important evidence had not been available or presented at the inquest. Nor had the gardai called for an adjournment so that they could continue with their investigation. Of course the Ludlow family was not aware at that time that the murder investigation had been effectively abandoned after only 19 days! In one surprising development, the lawyer for the Garda Commissioner, informed the inquest that the Assistant Commissioner is willing to be a liaison officer for the Ludlow family. It is regrettable that the gardai have been obstructive in their dealings with the Ludlow family throughout this long struggle for justice. Liaison was never on offer! See The
Argus
( On 13
June 2005, the Louth Coroner Ronan Maguire received written
submissions from legal representatives for the Garda Commissioner and
the Ludlow family regarding the
scope of the matters which the inquest into the death of Seamus Ludlow
will be able to inquire into.
The
coroner also confirmed that 5 September 2005 will be the date on which
he will begin the fresh inquest into the death of Seamus Ludlow. This
will be more than three full years since the inquest had been ordered
by the attorney general.
While
the Garda who had dealt with the forensic investigations at the time of Seamus
Ludlow's murder in 1976 was now dead, the coroner had received a report from the Garda
ballistic team. Mr. Maguire undertook to supply a copy of that report to Mr.
James MacGuill, solicitor, who acts for the Ludlow family. See
The Argus (Dundalk), 17 June 2005: Ludlow
inquest adjourned to autumn.
Here
is the full text of the submission made to the Office of the Attorney
General regarding the holding of a fresh inquest into the death of Seamus
Ludlow. Solicitor's
letter to Attorney General's Office, dated 30 May 2002: Re:
Seamus Ludlow Deceased Dear
Mr Gormley, Many
thanks for your letter of 27th May. We are most anxious to urge the
Attorney to exercise his powers under Section 24(1) of the Coroners Act 1962 to
direct a fresh inquest in relation to the case of the late Seamus Ludlow. We
enclose the documents which we have obtained, and which we believe constitute
the entire of the Coroner's file on this matter They
are as follows: - Record
of verdict Proposed
deposition of Kevin Ludlow Deposition
of Sergeant Jim Gannon Deposition
of Dr. J.F.A. Harbison Post Mortem report of Dr. Harbison As
we previously urged upon the Attorney, we believe that this is an appropriate
case for the power under Section 4(1) to be exercised. A
further inquest would be of an entirely different character to the inquest which
has been carried out to date. In
the first instance it would have the active participation of the family, which
participation they had always intended to give, but which was denied them in
1976. Even by the standards of that time, the conduct of the inquest in the
absence of the family rendered it unsatisfactory. The fact that the Coroner was
in fact actively misled by a member of An Garda Siochana to the effect that he
was there with the family's consent and to represent their interests is a
significant cause of concern. In
the cases of State (McKeown) v Scully 1984 IRLM 133 (which incidentally,
involved the same Coroner) and Davitt v Minister for Justice, the Courts have
held that it is a departure from the rules of natural and constitutional justice
in failing to give the next of kin an opportunity to be heard at an inquest and
as such have rebuked the unsatisfactory practice of conducting an inquest in the
absence of parties who have an undoubted entitlement to participate, who in this
case have material and valuable evidence, and whose legal rights may be
affected. important
evidence in relation to the death of Seamus Ludlow was not available to the
inquest. No ballistic or forensic evidence was called in relation to the nature
of the weapons used in his killing. The fact that this matter was not
satisfactorily addressed, permitted confusion and generated concern then, as it
does now. it
would be the intention of the family to ensure that this matter was adequately
explored at the fresh inquest. It
may be that by inquiring further into the findings of Professor Harbison further
evidence would be available from him which will be of assistance in dispelling
the rumour, whether our clients understand to have been generated and fuelled by
official sources, and persistent to this day that Mr. Ludlow was an I.R.A.
informer and executed as such. An analysis of the wounds and weaponry may
indicate that an alternative theory in the public domain has credibility. It
is accepted that the inquest has no function in determining civil or criminal
liability, but without proceeding to do so it is surely a case where the verdict
of misadventure is open to the jury and they would be invited to return such
verdict. we
believe that based on the summary grounds submitted with this letter that the
case for a fresh inquest is made out. we shall be glad, however, to furnish
further grounds if it would assist your consideration. Yours
faithfully MacGuill
& Company Here
is the reply from the Office of the Attorney General, dated 3 July 2002: 3rd
July 2002 Re:
Inquest into the death of Seamus Ludlow Dear
Sirs, I
refer to your submission of 30th May 2002 to the Attorney General
requesting him to exercise his powers under section 24(1) of the Coroners Act,
1962 and direct the holding of a fresh inquest into the death of Seamus
Ludlow. I
am now pleased to inform you that the Attorney General has acceded to that
request, which you have made on behalf of the relatives of Mr Ludlow. The
Attorney has, by a recent letter, directed the Coroner for County Louth, Mr
Ronan Maguire BL to hold an inquest into the death of Seamus Ludlow. Yours
sincerely John
F. Gormley The
Argus, 27 August 1976:
Inquest hears of North Louth shooting Monaghan
County of Intrigue (1979) by the late Michael Cunningham: Quoting from
Mr. Cunningham's account of his private investigation of Seamus Ludlow's murder. The
Irish Independent, 19 July 2002: Fresh
inquest into death of murdered man The
Irish News, 19 July 2002: Family
welcome inquest 26 years after murder The
Dundalk Democrat, 20 July 2002: Second
inquest to be held into the death of Seamus Ludlow The
Irish News 5 March 2003: Family's
wait for murder file over
The
Dundalk Democrat, 8 March 2003: Ludlow
murder: files to be made available
Celtic
League - LUDLOW KILLING - ANOTHER STEP ON THE ROAD TO JUSTICE? - 08/03/2003
The
Irish News, 11 March 2003: Family
'cautious' over inquest progress The
Irish News, 21 March 2003: Loyalist
murder inquiry call renewed
The
Irish Sun, 26 March 2003: Report on Ludlow
to be unveiled
The
Irish News, 27 March 2003: Government
'will not keep Ludlow secrets'
The
Dundalk Democrat, 16 August 2003: Date
for Ludlow inquest
The
Irish News, 7 October 2003: Coroner still
awaiting copy of murder report The
Dundalk Democrat, 8 November 2003: Inquest
could be next January
I
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