Write a commentA grandmother and mother of an IRA victim has won permission to mount a High Court challenge over a playground being named after a hunger striker.
Bea Worton was granted leave to seek a judicial review against the Equality Commission and a local council over the decision to continue to call the park in Newry after Raymond McCreesh. The 88-year-old's son Kenneth was one of 10 people massacred by the IRA at Kingsmills, south Amagh in 1976.
In court last week her barrister set out how McCreesh was reportedly in possession of a rifle used in the killings when he was captured later that year.
David Scoffield QC said: "The applicant's outrage at this decision (in naming the park) is particularly acute.
"She was and remains shocked and bewildered by the insensitivity of the decision."
Controversy has continued to surround the park since councillors voted to retain the name in February last year.
McCreesh, from Camlough in south Armagh, was one of 10 IRA prisoners who died in the hunger strike in the Maze Prison in 1981.
His convictions included attempted murder, possession of firearms with intent to endanger life and IRA membership.
Proceedings were issued against the Commission and Newry, Mourne and Down District Council.
Part of the case involves a claim that the naming process breached Section 75 of the Northern Ireland Act, which requires public authorities to promote good relations between those of differing religious backgrounds or political opinion.
The Equality Commission, according to Mrs Worton's legal team, should have found against the local authority and referred the matter to the Secretary of State.
Mr Scoffield accused it of a "volte-face" by switching from an earlier opinion where it had requested the council to review the naming decision.
Tony McGleenan QC, responding for the Commission, argued that it had gone through a painstaking process before making recommendations.
"It's difficult to establish any arguability that there's been a public law wrong by the Commission."
However, Mr Justice Maguire ruled that the challenge should proceed to a full hearing on claims that the Commission was in breach of Section 75 requirements.
He also held that an arguable case had been established against the Council over allegations its decision was irrational, unreasonable, pre-determined or biased.
Rejecting claims the case should be thrown out due to delay, he said: "There's a matter of public interest involved in this particular decision."
Mrs Worton, who attended court for the hearing, expressed her delight at the outcome.
"I'm glad the case is going on because that man (McCreesh) wasn't even from Newry," she said.
"Why didn't they name the park after some VIP that really deserved it - I feel sickened that they named it after him."
Praise for move from Danny Kennedy and Sam Nicholson
Praising Bea Worton, members of FAIR and their legal team for bringing the case MLA Danny Kennedy said "I commend the actions of Mrs Worton, members of FAIR and their legal advisors in bringing this case of blatant discrimination against the Council. However, it is a very poor reflection of the political and sectarian attitudes of Nationalist and Republican local representatives on Newry, Mourne & Down District Council which forces an elderly widow and mother of an innocent victim to bring legal action to try and ensure that a children's playpark is not named after a dedicated terrorist.”
and Newry and Armagh election candidate Sam Nicholson added “I welcome this decision by the High Court which is the right decision and hopefully this will give the innocent victims and their relatives some confidence in the judicial system. I am delighted for Mrs Bea Worton who is a truly courageous woman who has suffered directly at the hands of IRA terrorists.
“She deserves all our respect for mounting such a case and I hope and pray that the judicial system will reverse what is a grossly offensive and insensitive decision to name a children`s playpark after a known IRA terrorist. This practice of glorifying terrorism should no longer be tolerated in our society.”
