The family of a councillor killed by loyalist paramilitaries are set to mount a legal challenge to a decision to refuse a fresh inquest.
Patsy Kelly was found dead in July 1974 three weeks after being reported missing.
Earlier this year, the Police Ombudsman for Northern Ireland (PONI) found that the RUC investigation into the murder of Mr Kelly in 1974 was “wholly inadequate”, with the actions of some officers indicative of “collusive behaviour”.
Ombudsman Marie Anderson said Mr Kelly’s family was “failed by police”.
Mr Kelly was last seen alive in the early hours of July 24th, 1974 as he drove away from the Corner Bar in Trillick, Co Tyrone, where he worked.
His body was found in Lough Eyes, near Lisbellaw, in Co Fermanagh, three weeks later on August 10th. He had been shot six times.
While loyalist paramilitaries claimed responsibility for the murder, the Kelly family believe the killing was perpetrated by members of an Ulster Defence Regiment army patrol. No-one has ever been charged or prosecuted over the murder.
Following the ombudsman’s report, the family reiterated its demand for a fresh inquest to be ordered. An original inquest in 1975 delivered an open verdict.
However their request was turned down by the office of Northern Ireland’s Attorney General Dame Brenda King.
They said they felt it was unlikely a new inquest would add materially to what is contained in the Police Ombudsman’s statement.
Mr Kelly’s family said they are seeking a judicial review of the decision to refuse a fresh inquest.
A preliminary hearing will take place on Monday.
'Shameful legacy Bill'
In a statement, the Kelly family said they will not give up, adding that the British government’s legacy Bill, which would halt fresh inquests into Troubles deaths, will not deter them.
“While it is outrageous that the family have been forced into requesting this hearing at all, it is magnified all the more given that they do so in the shadow of the UK government’s enactment of their shameful legacy Bill,” they said.
“The family of Patsy Kelly have fought for truth for almost 50 years and will not be deterred by a piece of legislation that is designed to hurt and to inflict as much pain as possible on those who dare to stand up for truth and justice.
“The Kelly family are never giving up. It is time to scrap the legacy Bill. It is time For truth.”
