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26/04/2023
Patrick Kelly Family 'Failed By Police'
The family of Patrick Kelly, an independent nationalist councillor in Omagh abducted and murdered in 1974, was "failed by Police" as the result of a "wholly inadequate investigation", the Police Ombudsman has concluded.
In a public statement issued today (26 April 2023), the Ombudsman, Mrs Marie Anderson, addresses the questions and concerns raised by Mr Kelly's family about the original RUC investigation.
As well as finding a series of investigative failings, including that the senior investigating officer showed 'latent' investigative bias, Mrs Anderson also concluded that the withholding of intelligence from the murder investigation team and the failure to act on intelligence about an active UVF unit in the Fermanagh area was indicative of 'collusive behaviour' on the part of RUC Special Branch and the 'L' Division Commander who was responsible for oversight of the investigation.
• The abduction and murder of Patrick Kelly
Last seen leaving his place of work, the Corner Bar in Trillick, County Tyrone, in the early hours of 24 July 1974, Mr Kelly was a 35-year-old married man with four children at the time of his murder. He was also an independent nationalist councillor on Omagh District Council
His body was recovered from Lough Eyes near Lisbellaw in County Fermanagh on 10 August 1974. Mr Kelly had been shot six times.
As well as the original RUC investigation, a review of the case in 2001 led to a re-investigation by the PSNI which was conducted between 2003 and 2005. Although the reinvestigation resulted in a number of arrests, there were no convictions.
To date, no one has been charged with, or prosecuted for, Mr Kelly's murder.
In 2002, Mr Kelly's family made a complaint to the then Police Ombudsman regarding the circumstances of his murder and the original 1974 RUC investigation.
The complaint included an allegation that 'police failed to investigate a number of individuals who were linked to Mr Kelly's murder, because they were UDR members... If this was the case, then it would amount to collusion.'
• Investigative failings
The Police Ombudsman's report catalogues a series of 'significant' investigative failings, which were:
Failure to adequately verify the alibis of UDR members and failure to record detailed witness statements
Failure to link cases
Forensic failings including failure to make enquiries about footwear marks, failure to recover the boat at Lough Eyes and no record of fingerprint enquiries
Failure to make enquiries about an anonymous letter, and
'Latent' investigative bias on the part of the senior investigating officer.
"Investigative failings were central to the family's complaint and my investigation has found that there were a number of significant failings," said Mrs Anderson.
The full Police Ombudsman report on Mr Kelly can be read here.
In a public statement issued today (26 April 2023), the Ombudsman, Mrs Marie Anderson, addresses the questions and concerns raised by Mr Kelly's family about the original RUC investigation.
As well as finding a series of investigative failings, including that the senior investigating officer showed 'latent' investigative bias, Mrs Anderson also concluded that the withholding of intelligence from the murder investigation team and the failure to act on intelligence about an active UVF unit in the Fermanagh area was indicative of 'collusive behaviour' on the part of RUC Special Branch and the 'L' Division Commander who was responsible for oversight of the investigation.
• The abduction and murder of Patrick Kelly
Last seen leaving his place of work, the Corner Bar in Trillick, County Tyrone, in the early hours of 24 July 1974, Mr Kelly was a 35-year-old married man with four children at the time of his murder. He was also an independent nationalist councillor on Omagh District Council
His body was recovered from Lough Eyes near Lisbellaw in County Fermanagh on 10 August 1974. Mr Kelly had been shot six times.
As well as the original RUC investigation, a review of the case in 2001 led to a re-investigation by the PSNI which was conducted between 2003 and 2005. Although the reinvestigation resulted in a number of arrests, there were no convictions.
To date, no one has been charged with, or prosecuted for, Mr Kelly's murder.
In 2002, Mr Kelly's family made a complaint to the then Police Ombudsman regarding the circumstances of his murder and the original 1974 RUC investigation.
The complaint included an allegation that 'police failed to investigate a number of individuals who were linked to Mr Kelly's murder, because they were UDR members... If this was the case, then it would amount to collusion.'
• Investigative failings
The Police Ombudsman's report catalogues a series of 'significant' investigative failings, which were:
Failure to adequately verify the alibis of UDR members and failure to record detailed witness statements
Failure to link cases
Forensic failings including failure to make enquiries about footwear marks, failure to recover the boat at Lough Eyes and no record of fingerprint enquiries
Failure to make enquiries about an anonymous letter, and
'Latent' investigative bias on the part of the senior investigating officer.
"Investigative failings were central to the family's complaint and my investigation has found that there were a number of significant failings," said Mrs Anderson.
The full Police Ombudsman report on Mr Kelly can be read here.
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