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MAY 2007
ASSEMBLY RE-ASSEMBLED AT LAST
It is good to see the Northern Ireland Assembly functioning once again. We very much hope that its members will now get down to work to restore the huge democratic deficit under which Northern Ireland has laboured since its inception. It is perhaps worth remembering that the most recent suspension of the Assembly followed two very dubious episodes – the so-called Castlereagh break-in and the Stormont spy ring – and was clearly intended to shore up the ailing fortunes of the Ulster Unionist Party. Not only did that mission fail, but there were two casualties of the whole sorry process who are not always remembered. One was Lawrence Zaitschek (“Larry the Chef”), whom the police say they want to extradite for the Castlereagh fiasco, but they have been saying that for years and have yet to produce any real evidence against him. In the meantime, he is missing his son’s childhood, a high price to pay for being used as a figleaf. The other was Denis Donaldson, outed as an informer in the aftermath of the Stormont spy ring trial – which ultimately collapsed under the weight of its own contradictions – for whose murder no-one has been brought to justice. It is to be hoped that the restoration of the Assembly will also put an end to the world of smoke and mirrors, collusion and dirty tricks that has dogged and fogged the conflict and peace process, creating far too many casualties in its wake. While our soon-to-be ex-Prime Minister swans around the world securing his legacy, he would do well to reflect on what happened in Northern Ireland on his watch, not least of all his broken promise of a public inquiry into the murder of Patrick Finucane. By the way, he has yet to reply to my letter to him on that subject which is posted on our website.
RAYMOND McCORD
We have sent a confidential report about the murder of Raymond McCord to the Police Service of Northern Ireland’s Historical Enquiries Team following the Police Ombudsman’s report on his death and collusion between the loyalist paramilitary group the UVF and the police Special Branch.
billy wright hearings commence
On 30th May the Billy Wright Inquiry commenced its full hearings. Our observer, Laura McMahon will be present throughout the hearings at Banbridge Court House, and her reports will be available each week on our website. On the first day, Derek Batchelor QC, who is Counsel to the Inquiry, revealed that not only the prison service but the police as well have failed to hand over documents to the Inquiry and that many thousands of pages of evidence have been lost or destroyed. At the end of his opening submissions, Counsel for the Wright family, Alan Kane, referred to a remark made by former RUC Chief Constable Sir Hugh Annesley, who was quoted as saying just before Billy Wright was murdered, "It's just a question of who gets to the bastard first - us, the IRA or the UVF. You can take your pick."
HOUSE OF LORDS TO RULE ON POLICE ANONIMITY IN ROBERT HAMILL INQUIRY
Our Researcher, Caroline Parkes, observed the Robert Hamill Inquiry’s appeal to the House of Lords earlier this month. A number of police officers involved in the Robert Hamill Inquiry applied to the Inquiry for anonymity. The Inquiry Panel applied a test which asked “would there be a material increase to the risks which applicants for anonymity faced if they were to give evidence named and unscreened?” Using this question, the Inquiry Panel found that none of the police officers were successful under the common law approach and all but one failed under the Article 2 (of the European Convention on Human Rights, which protects the right to life) approach. The police officers judicially reviewed the Inquiry Panel’s decision and were successful in the Divisional Court. The Robert Hamill Inquiry appealed this decision in the Court of Appeal. The Court of Appeal dismissed the appeal and outlined the correct approach for the Inquiry Panel which laws to look at the real risk to the officers’ lives rather than whether an existing risk would be increased. The Inquiry Panel then appealed to the House of Lords. The Secretary of State applied for and was granted status as a third party intervener the case. The hearing, which had been expedited in order to delay the Robert Hamill Inquiry as little as possible, lasted for one day. Judgment was reserved and is likely to be handed down soon. BIRW’s report on the Appeal can be found on our website; please follow the links to Robert Hamill.
FURTHER SUPPORT FOR OUR WORK FROM THE HILDA MULLEN FOUNDATION
We are most grateful to the Hilda Mullen for a further donation of $35,000 in support of our work. Their consistent support over the years is very much appreciated.
COMPLAINT TO THE PRESS COMPLAINTS COMMISSION ABOUT COSQUIN COVERAGE
We have made a complaint to the Press Complaints Commission concerning coverage by three newspapers, the Irish News, the Derry Journal, and the Derry News, of the recent developments in the Historical Enquiries Team’s investigation of the so-called human bombings at Coshquin. We were particularly disappointed by the papers’ response to our original letters to them, which displayed scant regard for the feelings of relatives of the victims when they open the paper to be confronted, without warning, by photographs of their loved ones accompanied by incorrect and misleading information.
journalist attacked on the airwaves
We have taken up the case of respected journalist Alan Murray, after remarks about him made by UDA man Frankie Gallagher during a Radio Ulster phone-in cast doubt on Mr Murray's professionalism and implied that he was a liar. The BBC failed to leap to the defence of a fellow journalist, in stark contrast to their laudable support for their own journalist, Alan Johnston, kidnapped by terrorists in Palestine. We have taken the matter up with the BBC, the National Union of Journalists, and the United Nations’ Special Rapporteur on freedom of expression.
GERMANY SEEKS ROISIN McALISKEY’S EXTRADITION AGAIN
Just as it looked as if the bad old days were on their way out, the German government has taken it into their heads to try again to extradite Roisin McAliskey for her alleged involvement in the Osnabruck bombing, a crime she has always denied. It would appear that the warrant for her arrest was issued in October last year, but was not acted upon until after the Assembly was restored; it is hard to avoid the conclusion that political considerations had something to do with this timetable. It is also obvious that, the Crown Prosecution Service having concluded in 1992 that there was no evidence to ground a prosecution, to extradite Roisin McAliskey now would be an abuse of process. We have written to the German Ambassador and to the Home Secretary pointing this out.
Geoffrey gray
Geoffrey Gray was murdered on 4th October 2002 during a loyalist feud. As in so many similar cases, no-one had been brought to justice, and his family have not been kept informed about the police investigation. We have written to the Chief Constable asking for a full briefing for the family, which we will attend, so that we can advise them on any further steps that may be open to them.
COMMUNITY RESTORATIVE JUSTICE
BIRW has commented on the Government’s response to a report by the Northern Ireland Affairs Committee on the Draft Protocol for Community-based Restorative Justice (CRJ) Schemes. We highlighted the need for clear and comprehensible funding channels for CRJ schemes and for the government to encourage the development of such schemes across Northern Ireland.
DAVID McILWAINE AND ANDREW ROBB
We have sent a detailed, confidential report to the Historical Enquiries Team and the Police Ombudsman concerning the murders in 2000 of David McIlwaine and Andrew Robb. We have identified over 150 questions in 35 separate areas which have been raised by the failed police investigation into these brutal killings.
petition to Taoiseach re Donal de Roiste
BIRW have formally petitioned the Toiseach, Bertie Ahern, for an investigation into the case of Donal de Roiste, forced to retire from the Irish Army after anonymous and unfounded allegations were made that he was consorting with republicans. Donal de Roiste has spent years trying to clear his name. His efforts are chronicles in Don Mullan’s excellent book, Speaking Truth to Power, which is recommended reading for anyone who thought miscarriages of justice only arise in Northern Ireland.
pava to be deployed in northern ireland’s prisons
I regret to report that the Northern Ireland Prison Service is to go ahead and deploy PAVA incapacitant spray for a trial period, despite our objections that its use on male prisoners only is discriminatory and that its effects on prisoners and prison staff could be serious for those with eye or breathing complaints.
OUT AND ABOUT
In addition to all the above, I have been to Belfast twice this month, spoken at the London School of Economics on “Dealing with the past”, given two television and two radio interviews, spoken to several journalists on a range of issues, and had meetings with BIRW financial advisers, funders and auditors. As if that was not enough, I and my colleagues have removed every file from every shelf in our office, and then replaced them, while our offices were redecorated around us and our computers reorganised. If you would like to show your appreciation for all this effort, please go to the “donate now” button on our website.
Jane Winter,
Director,
31st May 2007
For Peace Justice & Human Rights
