An abuse victim today won the first stage in his court battle to have claims, that politicians and high-level British state agents colluded in a paedophile ring at a Belfast care home, examined by a statutory Westminster inquiry.
Gary Hoy was granted leave to seek a judicial review of the decision to keep the inquiry into the Kincora scandal within the remit of a Stormont-commissioned body.
His lawyers argued that the ongoing Historical Institutional Abuse (HIA) Inquiry sitting in Banbridge is powerless to properly scrutinise a “closed order” surrounding the home.
With MI5 accused of covering up the sexual abuse throughout the 1970s to protect an intelligence-gathering operation, a judge in Northern Ireland was told the current arrangements cannot compel the security services to hand over documents or testify.
Calls for full scrutiny of the suspected systemic molestation and prostitution of vulnerable youngsters at Kincora has grown ever since three senior staff were jailed in 1981 for abusing boys in their care.
It has long been suspected that well-known figures within the British establishment, including high-ranking civil servants and senior military officers, were involved.
Legal proceedings have now been brought against the government over the refusal to include the home in a wide-ranging inquiry into child molestation in British establishments.
That investigation is being chaired by New Zealand judge Lowell Goddard. Northern Ireland Secretary of State Theresa Villiers said a more appropriate forum for scrutinising the Kincora allegations was through the HIA tribunal being overseen by retired judge Sir Anthony Hart.
Last week the Westminster home affairs committee called for Justice Goddard’s remit to be extended to cover the east Belfast home. But Ashley Underwood QC, for Mr Hoy, insisted victims have already waited long enough and should not be “mucked about”.
Contending they need an inquiry which meets their human rights entitlements, the barrister stressed that some of those who stayed at Kincora later took their own lives.
He told Mr Justice Treacy those running the home carried out the abuse, with "credible evidence this was all done with the connivance of higher state authorities".
The HIA simply won’t do. It’s powerless,” Mr Underwood said . He pointed out that evidence would be required from any prominent businessmen, politicians or intelligent agents who frequented the home more than 30 years ago.
Retired state employees could not be compelled to go into the witness box, the court heard. “There’s no possibility whatever of the HIA getting their co-operation unless they happen to want to give it, and if they have done anything wrong that doesn’t seem likely,” Mr Underwood said.
Efforts to secure any documents linked to state agents would also be thwarted by the long-held position of neither confirming nor denying anyone has informer status, it was claimed.
“The state cannot, as a matter of law, make that public,” Mr Underwood said.
“In terms of getting witnesses and getting documents out of the state, the HIA is utterly hampered. It cannot possibly do the job.”
Repeatedly stressing the need for a prompt investigation, he said:“One must never forget that very damaging things happened here and people need to be treated with the greatest respect.”
Paul McLaughlin, for Ms Villiers, argued that there was a “misconception” about the HIA’s powers to compel witnesses.
He said Sir Anthony Hart could compel non-governmental witness through High Court referrals. Mr McLaughlin conceded, however, that non-government witnesses could not be made to attend, but he predicted that would not be an issue given Ms Villiers' unequivocal commitment to co-operate fully with the inquiry.
The British government has pledged to review the situation, and potential hand more powers to the inquiry if Sir Anthony encountered difficulties obtaining government testimony, the barrister added
Christine Smith QC, for the HIA, claimed the legal challenge was premature.
“There are steps being taken by the inquiry which are consistent with with the secretary of state’s statement that this inquiry is the best place for Kincora to be investigated,” she said. Granting leave to seek a judicial review, however, the judge ruled that Mr Hoy had established an arguable case.
Listing the challenge for a full, three-day hearing at the start of June, he added: “I’m conscious of the need for great expedition in these cases.”
Outside court Mr Hoy (53) said he was delighted with the outcome. “It seems like we are getting there in the end, hopefully,” he said. “I want justice, that’s all I want and the Westminister Inquiry is the best way to get it.”