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Family of murdered man criticise 'mediocre' police apology

Claire GrahamBBC News NI
Pacemaker Fergal McCusker has thick brown hair parted to the side and has heavy stubble. He is wearing a blue coat, with a white and red collar and a grey jumper beneath it.Pacemaker
Fergal McCusker was murdered by loyalists in January 1998

The family of a man murdered by the Loyalist Volunteer Force (LVF) have described a police apology for investigative shortcomings as "mediocre".

Fergal McCusker was shot dead in January 1998.

His family has received a "significant settlement" as the Police Service of Northern Ireland (PSNI) recognised the police investigation into the killing fell below the expected standards.

Mr McCusker's nephew Mark said: "No settlement will ever equate for a life".

It said it recognised that those shortcomings brought additional distress.

Mr McCusker's body was found behind a youth club in Maghera, County Londonderry.

The 28-year-old had been coming home from a night out when he was abducted and murdered.

Although a number of suspects were arrested, no-one has ever been prosecuted or convicted of his murder.

The victim had returned from America where he had been working shortly before he was killed.

As part of the settlement agreed, the PSNI said, while it did not accept liability, it recognised that those shortcomings brought additional distress to the family.

Fergal McCusker's mother, Christina, had sued the police for alleged negligence and misfeasance in public office.

Fergal McCusker's family outside the High Court in Belfast which can be seen in the background behind black iron railings. It is a classical-style building in Portland Stone. There are three men and five women including Fergal's mother Christina who is in the centre in a blue coat, with short blonde hair and red-rimmed glasses. She and the woman on the far right are holding up photos of Fergal who has brown hair and is wearing a formal outfit with a winged collar and cravat.
Fergal McCusker's family - including Mark McCusker on the left and Fergal's mother Christina in the centre - attended the High Court hearing in Belfast on Tuesday

Mark McCusker said the police had admitted failings, which was something his family had said for 28 years.

"It was a mediocre apology, and we believe that actions speak louder than words." he said outside the High Court in Belfast on Tuesday.

"It's mediocre in terms of the words used and the type of apology.

"I would like to thank my granny for her composure throughout the years.

"Twenty-eight years has been a long time, and I'd like to thank her for the way she dealt with [this] and continues to do so."

On Tuesday, her solicitor, Pádraig Ó Muirigh, announced that undisclosed damages form part of the resolution.

"I can confirm that the settlement is significant and our client is satisfied with the outcome of this litigation," he said.

He said Mrs McCusker "deserves a fearless investigation into her son's death."

Judge Mr Justice Rooney commended both parties for the resolution of the settled claim, saying it was an "example of how a civil claim can bring closure".

He added that for the police to accept responsibilities and acknowledge they had learned from such cases strengthens public confidence "which is a step forward".

An inquest into Mr McCusker's killing was halted in 2024 due to issues about information being withheld on grounds of security.

A previous coroner's request for a public inquiry has also been refused.

The family then met the Northern Ireland secretary and asked to facilitate an inquest process which could deal with sensitive information.

Ó Muirigh said he did not believe the family yet had a "proper process" which would deal with the case in "a proper way".

"What we ask is another opportunity to ask the British secretary of state to put in place measures to allow this inquest to conclude or a proper investigation which goes beyond what we see as the inadequacies in the ICRIR," he said.

The ICRIR, the Independent Commission for Reconciliation and Information Recovery is an investigations body set up under the controversial Legacy Act.