The family of a Co Tyrone man, allegedly murdered by UDR soldiers in 1974, have expressed no confidence in a new investigation into the killing because of police involvement.
Father-of-four Paddy Kelly was killed as he drove home from the bar he managed in Trillick on July 24 1974.
His body was found three weeks later, 10 miles away in Lough Eyes in Fermanagh. He had been shot several times and his body had been weighted down.
The UFF claimed it had carried out the murder.
Earlier this month the police announced that they were reopening the case against a background of claims that the 33-year-old was murdered by a UDR patrol, that the RUC botched the original investigation and that security forces subsequently colluded to keep Mr Kelly's killers out of jail.
But the Kelly family expressed concern at the independence of the inquiry after police failed to inform them about the announcement of the new inquiry and then sought to hold a meeting with the dead man's family without their solicitor being present.
In a statement released through their solicitor Pat Fahy yesterday, the Kelly family raised concerns that the investigation cannot be independent because, while it is being headed by a detective from the West Midlands police force, the day-to-day inquiries are being carried out by the PSNI.
"This is not the independent inquiry we have asked for but is instead completely under the control of the PSNI," Mr Fahy said.
The solicitor added that the Kelly family were recently refused access to the names of the police officers involved in the inquiry on the advice of the PSNI.
"We believe that Patsy was murdered by members of the UDR and that members of the RUC colluded in ensuring the escape of his killers from justice," he said.
"By their own admission, the PSNI has conceded that the special relationship with ex-UDR, ex-RUC and current members of the PSNI may hinder any re-investigation."
Mr Fahy said the dead man's family believe that the current inquiry is incapable of finding the truth.
"Quite apart from the difficulties created by the passage of time, through the actions of the RUC, vital evidence was either ignored or destroyed," he said.
"The fingerprints found at the murder scene were never checked, the footprints which matched army issue boots were never followed up on, despite the fact that there were, in August 1974, named UDR suspects."
Mr Fahy said that police had failed to properly investigate information about the murder given by a former loyalist prisoner as well as other information given by a former UDR soldier in which he named the alleged killers.
"These are all matters central to any real attempt to find the killers of Patsy Kelly and, equally importantly, the identities of those who have conspired to pervert the course of justice since then. We remain to be convinced that this is the purpose of the present police exercise," he said.
