Sharon O'Neill, Irish News, March 20, 2004
The court case against a former RUC officer arising out of the investigation into the murder of Portadown Catholic Robert Hamill has collapsed.
A charge of perverting the course of justice against Robert Atkinson has been dropped following the failure of a key witness to testify.
The prosecution has also withdrawn the same charge against his wife, Eleanor Atkinson, and another man, Kenneth Hanvey, from Derryanvil Road, Portadown.
Mr Hamill was beaten by a loyalist mob yards from an RUC Land Rover in Portadown on April 27 1997 and died later in hospital.
Police deny allegations that officers on duty that night failed to intervene.
Charges against the ex-reservist and his wife related to a telephone call to the house of an alleged suspect – just hours after Mr Hamill had been attacked.
The couple were alleged to have conspired with others, including Andrea McKee, to pervert the course of justice by giving false information to police officers.
Police had been making enquiries as to the identity of the person making a telephone call from their house on April 27 1997 at 8.37am.
Kenneth Hanvey was accused of giving false information on November 25 1997, by saying that Michael McKee had made the telephone call from a house on April 27 1997 at 8.37am.
In 2002, Ms McKee from Garden Village, Wrexham, and Michael McKee, of Pineview Heights, Gilford, Co Down, pleaded guilty to giving false information about the call.
Their admission resulted in charges being brought against the trio.
Ms McKee was to be a key witness in the trial.
The prosecution told Craigavon Magistrates Court yesterday (Friday) that her explanation for not attending a hearing last December was "such as to undermine her general credibility in relation to the charges before the court, and accordingly the director has concluded that there is no longer a reasonable prospect of obtaining a conviction".
Mr Hamill's sister Diane told of her shock at the news: "We were given to believe the RUC officer, Robert Atkinson, his wife Eleanor and Kenneth Hanvey would be prosecuted for conspiring to pervert the course of justice. Now we know they will not.
"Almost seven years since Robert was killed the injustice remains steadfast.
"We can only hope that the inquiry that should be established under the recommendations of Judge Cory will reveal the full detail of the consistent failures [in the case]."
Her solicitor Barra McGrory said: "We will be immediately contacting the DPP for specific reasons.
"We will also now expect that the section of Judge Cory's report dealing with this case can now be published as the prosecution has collapsed," he said.
The British government is due to publish Peter Cory's reports into Mr Hamill's murder and three other controversial killings.
The retired Canadian judge has already said he believes the cases warrant independent inquiries.
The police ombudsman's office said yesterday's development "will no doubt have been incredibly frustrating" for the Hamills.
"However, the police ombudsman's office would have no criticism of the police investigation which led to the charges against the three accused," a spokesman said.
"The DPP's decision not to proceed with the prosecution was based on doubts over the credibility of a principal witness and not something over which the police would have had any control."