Loyalist beating victim had escaped gun attack, inquest told

20/06/2006 - 16:25:12
A young Catholic man bludgeoned to death by loyalist killers had escaped an earlier attack by diving into a river as gunmen opened fire, an inquest heard today.

Friends of James McMahon (aged 21) claimed the Ulster Defence Association gang who battered him with baseball bats have been torturing youths in Lisburn, Co Antrim.

Although no-one has been convicted for the merciless beating in November 2003, a senior detective told Belfast Coroner’s Court that new forensic tests may be carried out in a bid to capture the murderers.

But the victim’s mother has lodged a complaint with the Northern Ireland Police Ombudsman, alleging the investigation has not been advanced as speedily as possible.

Mr McMahon was ambushed as he and two friends ran from two men carrying bats and wearing balaclavas.

As they tried to escape a third masked man jumped out an alleyway.

Darren Bushe, one of those being chased, told the hearing: “This one shouted ‘Not this time, you wee bastards’.

“Just then I heard a thud sound, which must have been James being hit, and also heard someone scream out.”

A postmortem examination confirmed he was beaten repeatedly around the head, inflicting fatal skull fractures.

The three-man gang were later driven away in a waiting car.

The attack happened at Hancock Street, near the River Lagan and Lisburn’s Civic Centre.

Mr McMahon, a delivery man with a soft drinks company, had been out drinking and smoking cannabis in a nearby area when his group were spotted, the inquest was told.

Mr Bushe said they were regularly hassled by paramilitaries, who had also wrecked the flat where the murder victim’s brother lived.

His father, Gary Bushe, desperately tried to revive Mr McMahon after being alerted and finding him lying in a pool of blood, with a gaping wound to the back of his head.

He told Coroner John Leckey he was uncertain whether the attack was sectarian, but implied the scourge was rife in Lisburn.

“If you are not part of them the gangsters are after you at any opportunity,” he said.

“I knew James and he was one of the nicest fellows you could meet… one of the quietest.

“I just think they were out to prove a point to the rest of them.”

Another of those who was there that night, Daniel Sloan, recalled Mr McMahon telling him about a previous incident where men had put a gun to his head.

“They were going to put him in the boot of a car, but he jumped into the Lagan to get away from them,” he said.

“The men fired two shots at him.”

As the friends all testified about what happened, Mark Smyth told Mr Leckey of the threat posed by the UDA in Lisburn.

“There are big issues, torturing kids and stuff,” he said.

“They killed James just because he was a Roman Catholic.”

Detective Superintendent Paul Hamlin, who initially led the murder inquiry, confirmed that two suspects arrested later pleaded guilty to possessing firearms and explosives.

He also disclosed that paramilitary threats had been issued against youths involved in noisy gatherings, although there was no evidence of any disturbances that night.

“I have no doubt this attack was carried out by members of the UDA as part of what they call their attempts to deal with anti-social activity.”

Mr Hamlin expressed his frustration that not enough evidence had been gathered to secure convictions against any of the chief suspects.

But he added: “A review of the investigation has now asked that we look at re-submitting some items for forensic testing to see if there’s any advance in forensic technology.”

In his findings Mr Leckey said Mr McMahon died from head injuries inflicted during an assault.

“It seems to me that the identity of those responsible is known,” he said.

“But unfortunately police have been unable to establish the forensic link necessary to result in criminal charges.

“Advances in DNA and forensic evidence seem to be happening with great rapidity now, so hopefully something will happen that will allow the police to charge those responsible for the murder of James.”

Outside the court, Deirdre McMahon, the victim’s mother, praised Mr Hamlin’s efforts but claimed the case had been allowed to slide since he moved on.

The civil servant also accused the killers of using anti-social behaviour allegations to hide their sectarian intent.

“There’s an element in Lisburn that don’t like Protestants and Catholics mixing together,” she said.
“Just let them get on with their lives.”