By Chris Thornton, Belfast Telegraph, 24 February 2004
POLICE have refused to rule out the use of a sweeping gagging order to prevent the family of an innocent feud victim gaining access to papers about his death.
After the family of David McIlwaine raised their fears of being blocked by Public Interest Immunity Certificate - a powerful order blocking judicial probes - last week the PSNI issued a specific denial about seeking the gag.
A police spokeswoman said that "no Public Interest Immunity Certificate (PIIC) has been applied for by police".
But it emerged today that the PSNI wrote to the family last month, saying that Chief Constable Hugh Orde will be asked to seek just such an order from Secretary of State Paul Murphy when a review of the papers is complete.
A police spokeswoman said she could not comment on the letter, adding that no PIIC "has been applied for so far".
David McIlwaine's family have hit out at the secrecy preventing them from learning more about the teenager's death.
The 18-year-old was abducted from outside a Tandragee nightclub with another Portadown teenager, Andrew Robb, during the feud between the UVF and LVF in February 2000.
The two youths were stabbed repeatedly by UVF members. No one has been charged with the killings, and there have been suggestions an informer was involved in the attacks.
The family of David McIlwaine undertook a legal battle to see evidence in the case.
Last November, at the conclusion of the judicial review into the case, a High Court judge said on the basis of what was said in court it was clear that the family would get papers, but did not issue a written ruling.
But the family say they have not yet received any material in the case.
The coroner confirmed yesterday that police have raised "serious issues" that have stopped the papers being handed over.
A statement from the Court Service said the coroner has not handed any material to the family because the judge's verbal comments did not amount to a court order.
The judge who heard the case - now Lord Chief Justice Sir Brian Kerr - is expected to deliver a written judgment soon.
The Court Service statement said: "At the conclusion of the hearing in November 2003, the High Court made some extempore comments to facilitate the progress of the inquest.
"However, no ruling or other order was made by the High Court.
Since the hearing on "21st November 2003, the Police Service of Northern Ireland have raised serious issues with the coroner which require further consideration."