Families of loyalist victims sue over weapons in NI

The High Court has heard claims that the security forces permitted loyalist paramilitaries to import and distribute a shipment of weapons used in a series of murders across Northern Ireland.

A judge was told former Army agent Brian Nelson was linked to the operation to smuggle in the batch of guns from Beirut during the late 1980s.

The claims were made in legal action mounted by relatives of two victims of loyalist attacks.

Patrick Frizzell and Margaret Lundy are both suing the PSNI and the Ministry of Defence (MoD) amid allegations the state assisted and facilitated loyalist groups involved in procuring and shipping the weapons into Northern Ireland.

In March 1991, Mr Frizzell’s brother, Brian Frizzell, was shot dead along with Eileen Duffy, 19, and 16-year-old Katrina Rennie by the UVF in Craigavon, County Armagh.

Mrs Lundy’s husband, Alan Lundy, was shot dead by the UDA in May 1993 while carrying out work at the west Belfast home of Sinn Féin's Alex Maskey.

Lawyers for the plaintiffs claim police and MI5 knew about loyalist plans to import hundreds of rifles, pistols and grenades via South Africa but did nothing to intercept the shipment.

The UDA, UVF and Ulster Clubs - a network of organisations that operated at the time - were said to have been making efforts to source weapons across Europe, the Middle East and North America.

In early 1988, police seized Czech VZ58-type rifles, Browning 9mm pistols, Soviet anti-personnel grenades, a rocket-propelled launcher, ammunition, magazines and pouches at locations in Belfast and Portadown.

But it is alleged that other imported weapons were stored by County Armagh farmer James Mitchell and moved to safety after an RUC officer warned him about an imminent raid.

Mitchell, a former police reservist who died in 2008, had a conviction for a previous arms dump discovered on his premises near Glenanne during the 1970s.

Mr Frizzell and Mrs Lundy are suing the police and MoD, claiming misfeasance in public office and negligence in allowing the weapons sourced from Beirut into Northern Ireland.

With writs lodged in connection with a number of other Troubles killings connected to the same imported guns, their actions have been identified as lead cases.

A five-day trial has been listed to establish if state authorities are liable for allegedly assisting and facilitating loyalist terrorists in procuring and importing that shipment.

Although most of the case is being heard in closed session due to issues of national security, barristers representing both plaintiffs made statements in an open courtroom packed by the families of other victims.

Frank O’Donoghue KC, for Mrs Lundy, contended: “Agents of the state were aware of, permitted the use of and failed to prevent the use of at least one of the weapons used in this concerted murderous attack upon (her husband).”

It was claimed that Brian Nelson’s handlers had full knowledge that the guns had been imported into Northern Ireland.

The ex-Army agent, who died in 2003, operated as the UDA’s intelligence chief while also recruited as an informer.

Brian Fee KC, representing Mr Frizzell, set out a series of questions for the court to explore during the closed session.

Mr Fee sought answers on how intelligence about the weapons' importation was received and assessed, as well as querying why James Mitchell was not questioned or his farm identified sooner as a potential location for the loading of arms.

“Who was informed of the plan to search the farm, why was it not searched earlier, did someone inform Mitchell of the intended search and, if so, who?” he asked.

Before going into closed session, where special advocates will represent the plaintiff’s interests, Mr Justice Humphreys pledged to provide as much information as he can in an open judgment.