The mother of a Co Tyrone teenager who was found dead after a night out with friends two years ago has branded it an “insult” that she has been refused legal aid for representation at his inquest.
Frances Currie’s son Matthew McCallan was found dead in a ditch near Fintona after attending a country music night out on a freezing night in the town in December 2022.
A post-mortem found the cause of death to be pneumonia, while an inquest into the circumstances are to be examined in an inquest next year.
A request for Frances to receive legal aid for representation at the inquest submitted to the Legal Services Agency has been turned down as the LSA said it was “not in the wider public interest”.
Frances said: “How my child came to be found dead in a ditch is something I cannot put into words. As a mother, I deserve answers. Every parent would.
“Yet, I’ve been refused legal aid to be represented at the inquest into my son’s death. They claim there is no ‘wider public interest’ in supporting me, despite acknowledging my financial eligibility.
“To me, and to anyone who has loved and lost, this is an insult.
“No mother should have to fight this hard to uncover the truth about what happened to her child.”
Linda Dillon, Sinn Féin MLA for Mid Ulster, has backed the grieving mother’s call for legal aid to be granted.
“It’s concerning that Frances Currie, Matthew McCallan’s mother, has been refused legal aid for the inquest into the death of her son as she seeks answers about what happened to him.
“I have written to Justice Minister Naomi Long to highlight this issue and to ask for this to be reviewed. There should be no blockage to Frances accessing legal aid.
“Matthew’s heart-broken mother has searched for answers for around two years now, Frances must be able to access legal aid as her search for truth continues.”
Matthew’s mum has raised concerns over the PSNI investigation while he was a missing person, including the force’s decision not to call in canine search and rescue volunteers.
A letter sent to Frances’ solicitor by the LSA said the request for legal aid was denied due to a lack of available evidence pointing towards a “systemic failure” on behalf of the PSNI to date.
“Despite the contentions of solicitor in support of this application for Exceptional Funding, it is considered that the circumstances of the case, on the evidence currently available, do not indicate any systemic failure on the part of PSNI or any other state/public body in the circumstances of the death of Matthew McCallan and that there is no direct engagement of the substantive obligation to take appropriate measures to safeguard life.
“It is considered that the application does not satisfy the criteria for a Middleton type inquest and that accordingly the legislative test under Article 12 A (4) of the AJO is not satisfied.”
The LSA and the Department of Justice have been contacted for comment.
