The family of one of two IRA men shot dead by the SAS in Loughgall have lost a legal bid to have the inquest verdicts quashed.
A High Court judge ruled on Monday that the deaths of Martin McCaughey and Dessie Grew nearly 25 years ago were properly examined.
Mr Justice Weatherup rejected claims that the tribunal was rendered ineffective by the non-disclosure of soldiers’ links to other lethal force incidents. He also dismissed arguments over the failure to recall the soldier who fired the first shots for questioning about his alleged role in another killing.
Lawyers for McCaughey’s sister, Sally Gribben, immediately confirmed their intention to appeal the judgment.
Ms Gribben issued judicial review proceedings after the inquest concluded that the shootings were justified.
Her brother and Grew were killed when an SAS unit opened fire on them at farm buildings near Loughgall in October 1990.
Although both men were armed neither of them fired any shots, provoking claims that soldiers could have arrested them instead.
In May 2012 an inquest jury held that the soldiers had used reasonable force during the operation and that the IRA men’s own actions had contributed to their deaths.
Mr Justice Weatherup said the so-called shoot to kill policy could be better characterised as an alleged “shoot on sight, or take no prisoners” approach.