26/03/2009

Hamill Witness Faces 'Compelling' Legal Action

The current official probe being held into the contentious fatal beating of Robert Hamill in Co Armagh is to seek court action to force a witness to attend.

Yesterday, the Chairman of the Hamill Inquiry, Sir Edwin Jowitt, has referred to the High Court "the failure of a witness to attend the Inquiry to give oral evidence".

He said that the High Court may commence civil enforcement proceedings against the witness Tracey Clarke, to ensure her attendance.

Ms Clarke - who failed to attend an oral hearing on 28th January after the Chairman issued a notice the previous day to compel her - had pleaded illness.

Counsel for Ms Clarke said previously that her non-attendance was due to a medical condition. However, some eight weeks later, no medical evidence has been submitted in this regard.

A spokesperson for the Inquiry said: "The Inquiry regards Ms Clarke as a very important witness."

She is the first witness who has failed to attend after being served with a notice issued under section 21 of the Inquiries Act.

Robert Hamill was a Catholic father-of-three who was beaten to death by a sectarian mob in the middle of Portadown on April 27, 1997 after around 50 people began rioting in the town centre.

Six men were charged with his murder however the charges were later dropped after two witnesses refused to give evidence against the accused.

The inquiry now being held is to determine whether police officers from the former RUC facilitated his death or obstructed the investigation or made any attempts to do hinder the investigation.

See: Perjury Report Follows Hamill Inquiry Sitting

(BMcC/JM)

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