A Fresh Inquest for Seamus Ludlow
On 3 July 2002 the Office of the Irish Attorney General wrote to the Ludlow family's solicitor with the pleasant news that there was going to be a fresh inquest into the death of their late relative Seamus Ludlow.
The original inquest of 19 August 1976 was an unsatisfactory affair conducted in the absence of the Ludlow family. There was no reference to the ballistics and forensic reports that were available at that time, and the Ludlow family heard no more information than was available in the local press.
For many years there was a strongly held belief within the Ludlow family that the Gardai had gone to considerable lengths to ensure that no members of the Ludlow family, or their legal representatives, could be present at the inquest and ask awkward questions. Thus it was that the Ludlow family had only the local press reports of the inquest to rely upon and the important questions remained unanswered.
The original inquest was described as follows by Jane Winter, Director, British Irish Rights Watch, in her independent Report on the Death of Seamus Ludlow, which was published in February 1999:
An inquest into the death of Seamus Ludlow was held at County Louth on 19 August 1976 and conducted by Coroner Dr Thomas Edward Scully. Copies of three typed depositions by the State Pathologist, Sergeant Gannon and Kevin Ludlow presented at the inquest have been obtained. The latter two depositions are formal identifications. No other original documents which are likely to be relevant to an inquest, such as a formal findings or verdict, directions to register the death, ballistics or forensic reports have been seen. The deposition of Kevin Ludlow is unsigned and undated, he did not attend the inquest. At the bottom of the deposition a hand written note by the Coroner states:
"not in attendance - just back Working in Newry. Could not be contacted".
A member of the Gardai called to Kevin Ludlow's home 45 minutes before the inquest began. He was at work and could not be contacted in time. In fact no member of Seamus Ludlow's family attended the inquest. According to family sources, the Gardai deliberately ensured that no member of the family or its legal representative was present at the inquest. The family complained that no attempt was made to inform or contact Seamus Ludlow's sister, Mrs. Nan Sharkey, with whom he had lived. This was admitted by Detective Sergeant Gannon in a letter to Mrs. Sharkey's solicitors dated 16 January 1997:
"In relation to the inquest, I wish to state that a member attached to Dundalk Station, had, at the time, been given the task of notifying witnesses and family of the inquest, but it appears he overlooked your client. I only became aware of this on the date of the inquest and did everything I could to correct the situation."
Seamus Ludlow's family have also alleged that Detective Sergeant Gannon falsely represented himself as the family's representative at the inquest.
A local newspaper, The Dundalk Democrat, reported the inquest at the time. No reference was made to any ballistics report. It reported that the only evidence offered to the inquest by the Gardai was the pathologist's evidence. The jury returned a verdict in accordance with the medical evidence, that death was due to gunshot wounds.
Most family members only recently saw the three inquest depositions mentioned above, and none of them had seen the pathologist's report until British Irish RIGHTS WATCH obtained a copy.
Speaking to the Dundalk Democrat, 20 July 2002, Seamus Ludlow's nephew, Jimmy Sharkey said the family were pleased to hear that there is going to be a second inquest and added that this time around, the family would be ensuring they will be fully involved.
"We received confirmation from the Attorney General that the County Coroner, Ronan Maguire, has been instructed to proceed with a new inquest".
Although it is not known yet when the inquest will open, Jimmy said his family did not mind a few months wait, after twenty-six years, to ensure that it will be fully prepared.
"Two of the three bullets used in Seamus' murder were sent to Northern Ireland for forensic examination and up until last March hadn't been traced. One bullet may still be in the South, though its not certain. These bullets are going to have to be traced.
"Also, the authorities never returned Seamus' clothes and so they should still be in storage somewhere".
In the meantime, the Ludlow family are continuing to be involved with the private Inquiry being carried out by Justice Henry Barron. But they insist that both the inquest and inquiry will be dealt with as two different issues.
As Jimmy explained: "it's twenty-six years since Seamus was murdered. Anything that comes along now can only help us. We see the inquest as yet another step, but we don't want a half-hearted effort. We want a fully-prepared inquest with all the information presented, including forensics and ballistics".
What our friends said about this new development
"Good news. Well done on your tenacity and hard work to bring it about. We've sent it for our site to highlight."
Andree Murphy, Relatives for Justice
This is extremely
good news I hope this will further your campaign for a fully independent
enquiry.
I will post a report to our news site.
If we can be of further assistance don't hesitate to ask.
All the best,
Bernard Moffatt, Celtic League
"While the case of Seamus' murder will always be a source of deep sadness to his family, I am sure that this announcement is something of a relief. Ever since the "six to nine months maximum" 'Independent Commission of Inquiry' got underway into the Dublin and Monaghan Bombings in January 2000, your case was eclipsed. As the months have rolled into years, I could only imagine the frustrations you must have experienced.
"It is so important Michael that you never give up on the right of your family to know the full truth about what happened on that terrible night in May 1976 to your innocent uncle Seamus. It is important that the agents of both the Irish and British States are made to account publicly for their actions and omissions which have caused you so much unnecessary distress and trauma."
Don Mullan, author of Eyewitness Bloody Sunday and The Dublin and Monaghan Bombings.
Here is the full text of the submission made to the Office of the Attorney General regarding the holding of a fresh inquest into the death of Seamus Ludlow.
Solicitor's letter to Attorney General's Office, dated 30 May 2002:
Office of the Attorney General Government Buildings Upper Merrion Street Dublin, 2Re: Seamus Ludlow Deceased
Dear Mr Gormley,
Many thanks for your letter of 27th May. We are most anxious to urge the Attorney to exercise his powers under Section 24(1) of the Coroners Act 1962 to direct a fresh inquest in relation to the case of the late Seamus Ludlow. We enclose the documents which we have obtained, and which we believe constitute the entire of the Coroner's file on this matter
They are as follows: -
Record of verdict
Proposed deposition of Kevin Ludlow
Deposition of Sergeant Jim Gannon
Deposition of Dr. J.F.A. Harbison
Post Mortem report of Dr. Harbison
As we previously urged upon the Attorney, we believe that this is an appropriate case for the power under Section 4(1) to be exercised.
A further inquest would be of an entirely different character to the inquest which has been carried out to date.
In the first instance it would have the active participation of the family, which participation they had always intended to give, but which was denied them in 1976. Even by the standards of that time, the conduct of the inquest in the absence of the family rendered it unsatisfactory. The fact that the Coroner was in fact actively misled by a member of An Garda Siochana to the effect that he was there with the family's consent and to represent their interests is a significant cause of concern.
In the cases of State (McKeown) v Scully 1984 IRLM 133 (which incidentally, involved the same Coroner) and Davitt v Minister for Justice, the Courts have held that it is a departure from the rules of natural and constitutional justice in failing to give the next of kin an opportunity to be heard at an inquest and as such have rebuked the unsatisfactory practice of conducting an inquest in the absence of parties who have an undoubted entitlement to participate, who in this case have material and valuable evidence, and whose legal rights may be affected.
important evidence in relation to the death of Seamus Ludlow was not available to the inquest. No ballistic or forensic evidence was called in relation to the nature of the weapons used in his killing. The fact that this matter was not satisfactorily addressed, permitted confusion and generated concern then, as it does now.
it would be the intention of the family to ensure that this matter was adequately explored at the fresh inquest.
It may be that by inquiring further into the findings of Professor Harbison further evidence would be available from him which will be of assistance in dispelling the rumour, whether our clients understand to have been generated and fuelled by official sources, and persistent to this day that Mr. Ludlow was an I.R.A. informer and executed as such. An analysis of the wounds and weaponry may indicate that an alternative theory in the public domain has credibility.
It is accepted that the inquest has no function in determining civil or criminal liability, but without proceeding to do so it is surely a case where the verdict of misadventure is open to the jury and they would be invited to return such verdict.
we believe that based on the summary grounds submitted with this letter that the case for a fresh inquest is made out. we shall be glad, however, to furnish further grounds if it would assist your consideration.
Yours faithfully
MacGuill & Company
Here is the reply from the Office of the Attorney General, dated 3 July 2002:
3rd July 2002
Re: Inquest into the death of Seamus Ludlow
Dear Sirs,
I refer to your submission of 30th May 2002 to the Attorney General requesting him to exercise his powers under section 24(1) of the Coroners Act, 1962 and direct the holding of a fresh inquest into the death of Seamus Ludlow.
I am now pleased to inform you that the Attorney General has acceded to that request, which you have made on behalf of the relatives of Mr Ludlow.
The Attorney has, by a recent letter, directed the Coroner for County Louth, Mr Ronan Maguire BL to hold an inquest into the death of Seamus Ludlow.
Yours sincerely
John F. Gormley
The Argus, 27 August 1976, Inquest hears of North Louth shooting
The Irish Independent, 19 July 2002: Fresh inquest into death of murdered man
Dundalk Democrat, 8 March 2003: Ludlow murder: files to be made available
Celtic League, 8 March 2003: LUDLOW KILLING - ANOTHER STEP ON THE ROAD TO JUSTICE?
The Irish News, 11 March 2003: Family 'cautious' over inquest progress
See also Argus newspaper 30 August 1985,
Go to Michael Cunningham's investigation, 1978.
Go to Profile.
Go to Chronology.
Go to a Map of north Louth.
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Copyright
© 2003 the Ludlow family. All rights reserved.
Revised: March 12, 2003
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