Retired officers’ bid to quash Loughinisland report to be heard by end of year.

The six men murdered in the Loughinisland massacre when loyalist gunmen opened fire at the Heights Bar were, from top left, Adrian Rogan, Barney Green and Dan McCreanor and, from bottom left, Eamon Byrne, Malcolm Jenkins on and Patsy O’Hare.

Loughinisland A legal challenge by two retired police officers to a damning Police Ombudsman’s report on the Loughinisland massacre will be heard by the end of the year.

A High Court judge yesterday insisted Raymond White and Thomas Hawthorne’s bid to judicially review the report into the 1994 atrocity will proceed in December “come what may”.
Mr Justice McCloskey also pledged to clear a backlog of litigation surrounding so-called legacy cases from the Troubles.
He said: “They have become too long in the tooth by some measure, and the court will proactively ensure that all of those proceedings are processed with expedition and efficiency.”
Mr White and Mr Hawthorne’s case involves claims there was no legal power to publish the ombudsman findings, which should instead be quashed.

UVF gunmen opened fire at the Heights Bar in Loughinisland, Co Down as their victims were watching a World Cup match.
The six men who died were Adrian Rogan (34), Malcolm Jenkinson (53), Barney Green (87), Daniel McCreanor (59), Patrick O’Hare (35) and Eamon Byrne (39).
In June last year the Police Ombudsman, Dr Michael Maguire, said collusion was a significant feature in the murders and identified “catastrophic failings” in the investigation.
But Mr White, a former senior Special Branch officer and a representative of the Northern Ireland Retired Police Officers’ Association, and Mr Hawthorne, a retired chief superintendent and former sub-divisional commander in the area, are challenging the legality of the document.
They contend that the ombudsman had no right to reach his determination.

The Loughinisland report should only have been released if it recommended prosecutions or disciplinary action, according to their case.

Ian Knox cartoon 7/11/17: The ‘No Stone Unturned’ documentary goes on general release this Friday
In court yesterday lawyers were offered a choice of dates next month for the hearing, with Mr Justice McCloskey stressing he will list it himself if they cannot reach agreement.
Solicitor Niall Murphy, representing the Loughinisland families, last night welcomed the court’s “clear expression that it will proceed with expedition and move to hear this case urgently”.
It is due to be heard in the wake of a major documentary which refers to the findings of the ombudsman’s report and makes fresh allegations around the actions of state agencies around the attack.
The film Loughinisland: No Stone Unturned also names several people suspected of involvement in the mass shooting.
Earlier this week Sinn Féin MLA Emma Rogan, whose father Adrian was killed in the attack, strongly criticised the PSNI response to the documentary.

With many thanks to: The Irish News for the original story.

Former RUC chief ‘failed to act’ over plot to kill Catholic officer

Family insist findings point to collusion

A FORMER RUC chief constable “failed to act” when he was “quite probably”aware of a plot to murder one of his own Catholic officers, a damning report has found.

The murder of sergeant Joe Campbell – who was gunned down as he left a Co Antrim police station – was one of the most controversial killings of the Troubles. The father-of-eight was hit by a single high velocity shot to the head as he closed the main gates of Cushendall RUC police station on February 25 1977. Sgt Campbell’s family believe his murder involved collusion between rogue elements of the police and loyalist paramilitaries. In his report yesterday Police Ombudsman Dr Michael said evidence of collusion was “inconclusive” but concluded the death was “preventable”. He said there was “sufficient, reliable evidence” that the then head of Special Branch and “quiet probably the chief constable were aware of concerns, which had been documented, about the threat to his life and failed to act upon them”. The RUC chief constable at the time of the murder was Sir Kenneth Newman, a former Metropolitan Police commissioner now aged 87. He told Dr Maguire’s investigators he had no recollection of the Sgt Campbell case. In a statement yesterday the murdered man’s widow Rosemary said she was unhappy with the report, which has taken 12 years to complete, “because it does not contain the full account of the murder which I had hoped for.” Sgt Campbell’s son Tommy insisted the findings amounted to “collusion”. “If you read the report what other conclusions can you come to…. Senior officers…. decide that it’s not worth their time to stop the murder of one of their colleagues what more stark definition of collusion could you get.” RUC/PSNI Deputy Chief Constable Alistair Findlay said the report “makes difficult reading”.

Staggering revelations in Ombudsman’s report ‘difficult reading’

The Police Ombudsman Michael Maguire said: “On the basis of the information available I can neither discount nor substantiate the allegations of a wider conspiracy into the murder of Sgt Campbell,” he said. When asked last night who was head of RUC Special Branch at the time the PSNI said it was “unable to provide that information”. However, The Irish News can reveal the man who headed the secret department was Mick Slevin who has since died. Sgt Campbell’s death sent shockwaves through the small seaside village which until that point had been relatively untouched by the Troubles. He is believed to have been gunned down by notorious UVF gunman and security force agent Robin Jackson who was associated with the infamous Glenanne gang. The report reveals that senior RUC officers were warned by concerned Special Branch members that Joe Campbell was under threat but they did not act. The ombudsman said the murder was “preventable” and that subsequent investigation into the murder was flawed on a number of different occasions”. It also emerged that police documents relating to the case have disappeared and that a retired RUC officer based in Ballymena at the time of the murder has refused to cooperate with the ombudsman’s investigation. Joe Campbell jnr, who first lodged the complaint with the ombudsman’s office in 2002, said the family’s campaign for justice for their father would go on. “Today we have got a report. What we don’t have, we don’t have the truth and we certainly don’t have any justice,” he said.

‘There was a threat on my father’s life. If you do nothing about it either before or after is it not collusion? – Tommy Campbell.

Three years after the killing retired RUC Special Branch man Charles McCormick was acquitted of Sgt Campbell’s murder. He was convicted of charges including possession of explosives and firearms and armed robbery. These were all quashed on appeal. A second man Anthony O’Doherty, originally from Portglenone in Co Antrim, was convicted of withholding information about the murder but later received a royal prerogative of mercy. A republican, O’Doherty was recruited by McCormick to become a Special Branch informer. In 2009 McCormick was rearrested and questioned about the killing and a file was later sent to the Public Prosecution Service (PPS). However, in 2013 the PPS directed that no action be taken. RUC/PSNI deputy chief constable Alistair Finlay said the report “makes difficult reading”. “It is clear there were significant shortcomings in the RUC handling of information prior to the murder and both subsequent police investigations into Sgt Campbell’s murder,” he said.

With many thanks to: Connla Young, The Irish News,for the original story.

Who is Sir Kenneth Newman?

BORN in Sussex, Sir Kenneth Newman was a well-known and respected police officer in England before he turned his attention to the North of Ireland.

He moved through the ranks becoming a sergeant in the 1950s, before being appointed a detective inspector with the Vice Squad in the early 1960s and later becoming a superintendent and chief-superintendent. In 1973, during the early years of the Troubles, his policing career saw him move to the North of Ireland where he took up the positition of deputy chief constable of the RUC. Within three years he became chief constable of the force. During this time he introduced the policy of Ulsterisation, a strategy aimed at giving the police a greater security role. The strategy saw the RUC replace the British army as the dominant security force in the North of Ireland. Sir Kenneth left the RUC in 1980 during the Hunger Strike period and returned to England. He then served for three years as inspector of constabulary and commander of Police Staff College at Bra shill in Hampshire. During his time at Bramshill he honed his public order skills. In 1982, he became commissioner of the Metropolitan Police and subsequently initiated a major reform. His reform included disbanding the controversial Special Patrol Group – a specialist serious public disorder team – replacing it with the Territorial Support Group. He also established an area-based policing plan, which moved resources into eight geographical areas. Having been knighted in 1978, he retired in 1987.

With many thanks to: Marie Louise McCrory, The Irish News.

Ombudsman launches legal action against the Chief Constable Matt (the maggot) Baggott and the RUC/PSNI

Watchdog says police ‘have stalled’ investigations into deaths

THE RUC/PSNI is facing legal action from the Police Ombudsman, which accuses it of refusing to provide information about more than 60 deaths. The BBC understands that the Ombudsman has been trying to find out if police acted on information it was given prior to a dissident republican bomb attack. Weeks later, Constable Peadar Heffron was seriously injured in a car bombing. Michael Maguire has served notice on the RUC/PSNI over its alleged failure to provide his investigators with material and said his inquiries had been stalled. The ombudsman’s office’s judicial reveiw will seek to compel the RUC/PSNI to provide the ombudsman with information. Dr Maguire said: “We cannot have a situation where a public body, and particularly the police, can decide whether or not it will cooperate with a criminal or misconduct investigation, particularly where legislation requires them to do so.” The ombudsman handles complaints about the conduct of officers and has undertaken a series of hard-hitting investigations that found serious faults, although in many other cases exonerating detectives. Association of Chief Police Officers (Acpo) chief constable Sir Hugh Orde, who formerly headed the RUC/PSNI, has called for a similar regulatory system to be introduced across the UK. Dr Maguire, pictured below said despite repeated requests over past months, the RUC/PSNI has on more than 100 occasions either refused to provide information to his office or has said it must first explain and jusify why the material is wanted.

 

 

He said: “The police have taken the view that they will decide whether or not to provide us with information and in many cases have now decided not to.” He said the legal action was unusual and unfortunate but necessary, adding: “The many thousands of people who make complaints to us every year do so on the basis that we have access to all the police information we need to independently investigate their complaint. “That principle is enshined in law and accepted across the community. Investigation by negotiation is not acceptable.” An  RUC/PSNI spokesman said the organisation has a legal responsibility for the care and management of all information which must be taken extremely seriously. “At the same time the PSNI also recognises the statutory responsibility to provide information to the Police Ombudsman, enabling exercise of his functions and legal responsibilities. “Police are currently seeking to agree a solution with PONI around these complicated, and sometimes unfortunately competing, legal issues. “We will continue to furfil our legal obligations with the primary consideration being that of protecting life in accordance with Article 2 of the European Convention on Human rights The .” Steps to protect life taken by the police in public fora like inquests have included the ommission of the Northern Ireland Secretary, which might identify some witnesses (informers) deemed to be at risk. The police spokesman said: “Until we can get a resolution, PSNI beleives that it has resonded aporopriately to each request, giving careful consideration on a case by case basis, to ensure that the respective legal requirements are met. “PSNI will continue to work with PONI to seek an agreement over our respective obligations and ensure we both have a shared understanding of the legal framework.” In September the ombudsman signed an agreement with chief constable Matt (the maggot) Baggott covering how requests are made and related procedures. The ombudsman’s office said: “However, investigations into the circumstances surronding more than 60 deaths/murders – both those from the past and more recently – have now been stalled by an RUC/PSNI refusal to provide certain material.” A spokeswomen for the Policing Board said: “Police cooperation and provision of information to the institutions with legislative responsibility for delevering independent oversight and accountability of the PSNI is critical. “The appilcation for leave for a judicial reveiw by the Police Ombudsman is very significant and a matter of great concern. Board members will discuss this with the chief constable at its meeting this week.” Chief Constable Matt (the maggot) Baggott also anounced yesterday that he was stepping down earlily. He was due to retire at the end of August, but his departure has been brought forward. Mr Baggott was due to retire at the end of August but now will be leaving at the end of this month.

With many thanks to: Michael McHugh, The Irish News, for the origional story.