OPAQUE AND DANGEROUSLY UNACCOUNTABLE : THE VERDICT ON MI5 FIVE YEARS ON !!!

Opaque and dangerously unaccountable: the verdict on MI5 five years on

05 DECEMBER 2012

MI5 Headquarters Palace Barracks Holywood / Press Eye

BY BARRY McCAFFREY

The unaccountable influence of MI5 on covert policing in Northern Ireland coupled with the NIO’s deliberate attempt to circumvent proper scrutiny of the actions of the security services has created a `disaster waiting to happen’, a new report into anti-terror structures has warned.

The 100 page report: `The Policing You Don’t See: Covert Policing and The Accountability Gap’, has been compiled by the Committee on the Administration of Justice (CAJ) and looks at the role of MI5 since it was give primary control of `national security’ in Northern Ireland in 2007.

However CAJ director Brian Gormally has now called for an independent review into the activities of the security services in Northern Ireland after the human rights watchdog obtained documents which it claims shows a deliberate attempt to rollback accountable policing structures established as a result of the Patten reforms.

“MI5 – secret, unreformed and unaccountable – is now running one of the most sensitive areas of policing,” said Mr Gormally.

“This is a disaster waiting to happen to confidence in the rule of law and our peace settlement.

“CAJ wants a full, independent review with the aim of bringing covert policing here in line with human rights standards.”

Report claims MI5 is being protected by NIO from proper scrutiny

HOW MI5 TOOK CONTROL IN NORTHERN IRELAND

In 2006 the British government gave a commitment during all party talks at St Andrews that there would be a series of built-in safeguards to ensure accountable policing in Northern Ireland following the signing of the Good Friday Agreement.

Crucial to the future of policing in Northern Ireland was a series of reforms recommended by the Patten Commission.

The commission, chaired by former NIO minister Chris Patten, advocated the establishment of published codes of practice for all aspects of policing in Northern Ireland, including covert law enforcement techniques, which it said should be compliant with the European Convention on Human Rights (ECHR).

Patten said that while the codes of practice should be made public: “…this does not mean, for example, that all details of police operational techniques should be released – they clearly should not – but the principles, and legal and ethical guidelines governing all aspects of police work should be, including such covert aspects as surveillance and the handling of informants…The presumption should be that everything should be available for public scrutiny unless it is in the public interest – not the police interest – to hold it back.”. (Emphasis in original Patten report)

He recommended the establishment of a Commissioner for Covert Law Enforcement to oversee surveillance and the use of informants, with inspection and disclosure powers over the PSNI and other agencies “to ascertain if covert policing was being used within the law and only when necessary.”

The commission also recommended the downsizing, deinstitutionalisation and integration of RUC Special Branch within the PSNI, stating that it did not regard it as healthy to have, in either reality or perception, ‘a force within a force’.

However the CAJ report says that in contradiction to Patten’s vision for an accountable police force, what has emerged since the St Andrews Agreement and later in 2010 the transfer of policing and justice powers, is an alternative police force answerable only to NIO ministers, rather than elected politicians at Stormont.

The report says that the safeguards promised at St Andrews in relation to the transfer of powers to MI5 have either been reneged upon or manipulated to dilute accountability measures.

Accusing the British government of deliberately manipulating the promised safeguards to ensure that its security services are not held to the same level of scrutiny as local policing structures, Mr Gormally said:

“Since the St Andrews Agreement perhaps the most sensitive area of policing is being run by a parallel police force – ‘a force outside a force’ – answerable to ‘direct rule’ ministers and subject to separate and ineffective oversight arrangements.”

CAJ obtained a series of official NIO documents, using the Freedom of Information Act, which it says reveals the full extent of a deliberate policy to prevent proper scrutiny of the actions of the security services in Northern Ireland.

“Limited additional accountably measures were promised in the St Andrews Agreement but some of the most significant commitments, to publish policy frameworks, have not been honoured.

“Related policy documents, which have been released to CAJ under Freedom of Information, rather than being safeguards, actually appear designed to limit accountability.

“This includes an NIO held document which contains a list of types of information (the) Chief Constable should not tell the Policing Board, even in confidential sessions.

“The documents we have discovered show an obsession with keeping anything with the label ‘national security’ secret from our devolved institutions and a total indifference to accountability.”

LACK OF OVERSIGHT AND CONTROL

The policing reforms recommended by Patten were intended to end the power of Special Branch within the policing architecture.

However CAJ say the unaccountable transfer of powers to MI5 has made it impossible to determine the security agency’s policy approach towards covert policing and whether or not it complies with human rights standards.

It says that contrary to British government assurances at the time, the role of both the Policing Board and Police Ombudsman have been diminished by the transfer of powers to MI5.

Despite its involvement in policing in Northern Ireland the Police Ombudsman has no powers to investigate a complaint against MI5.

Assurances were given during the St Andrew’s talks that MI5 would give closed session briefings to the Policing Board, yet only three such meetings have taken place in the last five years.

While then Prime Minister Tony Blair gave assurances that all PSNI officers would remain under the control of the Chief Constable and the Policing Board, the documents obtained by CAJ paint a very different picture.

“This ( assurance) is contradicted by these documents which in effect stipulate that PSNI officers, up to and including the Chief Constable, working on national security matters are not accountable to the Policing Board but rather to the NIO.”

MI5 Director General lamented acquittal of Colin Duffy as a boost to dissidents / press eye

STILL LITTLE KNOWN ABOUT MI5’s ROLE HERE

Little is known about the role or number of MI5 officers operating in Northern Ireland.

The agency’s headquarters are understood to be based at Loughside at Palace Barracks near Hollywood.

MI5 publicly states that it dedicates 17% of its resources to the region which, if equated to overall staffing levels, means it has 600 officers in Northern Ireland, around three quarters the size of the old RUC Special Branch at the time of the signing of the Good Friday Agreement.

Its most recent annual report provides information on what MI5 describes as its ‘successes and setbacks’ in Northern Ireland over the last five years.

Among the successes MI5 claims is its role in the arrest of south Armagh man Michael Campbell who was arrested trying to buy weapons for the Real IRA in Lithuania in 2008.

It also claims to have helped to secure the convictions of CIRA men John Paul Wooten and Brendan McConville for the murder of PSNI officer Steven Carroll in Craigavon three years ago and the jailing of Co Derry man Brian Shivers for the killing of two soldiers at Massereene Barracks in Antrim, also in March 2009.

It lists its `setbacks’ as the acquittal of Colin Duffy over the Massereene attack (which the MI5 Director General Jonathan Evans lamented would be good for dissident morale) and the acquittal on grounds of entrapment by MI5 of Lurgan man Desmond Kearns who was facing weapons smuggling charges.

HAS SPECIAL BRANCH JUST MOVED DOWN THE ROAD?

The report states that there is a growing belief that a significant number of former Special Branch officers simply moved en masse over to MI5 following the transfer of powers in 2007.

Outlining speculation that the old Special Branch has simply been subsumed into the new MI5, the report states:

“At a recent policing conference held at the University of Ulster there appeared to be consensus among some commentators that the “force within a force” had in essence just “moved down the road.”

“Whilst it may never be possible to verify this, such a phenomenon would clearly be regressive in relation to the framework provided by Patten.”

The report said that it has uncovered evidence of a deliberate ‘rollback’ of the overall mechanisms which had been set up under Patten to ensure proper policing accountability.

One of the first attempts to thwart any investigation of the role of the security services came in 2005 when the British government passed the Inquiries Act, which gave NIO ministers the power to withhold potential evidence from public inquiries.

The Northern Ireland Human Rights Commission later claimed the move would make it impossible to hold truly independent inquiries.

CAJ say that more evidence of protection for the security services was exposed in 2011 when a report by the Criminal Justice Inspectorate (CJI) concluded that Police Ombudsman Al Hutchinson’s reports into historic cases involving the police had been “altered or rewritten to exclude criticism of the RUC with no explanation.”

Last month a report by the Northern Ireland Audit Office found that hundreds of former RUC officers had been re-employed by the PSNI as civilian workers without proper scrutiny.

NO LOCAL ACCOUNTABILITY OVER NATIONAL SECURITY

Following the St Andrews talks the British government introduced two crucial Memorandums of Understandings (MoU) to ensure that Justice Minister David Ford and the Policing Board have no powers to scrutinise the actions of MI5.

Legislation in the first memorandum established that:

• The devolved Minister of Justice and Northern Ireland Assembly have no responsibility for any PSNI functions (past, present or future) that have any national security dimension, with the Secretary of State having sole responsibility.

• UK government will determine what information pertaining to national security can be shared [with the devolved Minister of Justice] and on what terms and that information on the modus operandi of MI5 and other agencies “will not be shared”

• NIO will retain ownership and control of access to all pre-devolution records while the Department of Justice will have no access to records relating to ‘national security’

• Police and Prisoner Ombudsman will report to the NIO Secretary of State on ‘national security’ matters; when the Minister of Justice or Policing Board set up a panel to adjudicate on misconduct by a police officer, if the case relates to national security information the UK government will decide what information can be passed on to the panel and, if information is withheld, whether the panel can be informed of that fact.

The CAJ director said that the second memorandum, rather than being an effective safeguard to protect new policing structures, actually appeared designed to limit accountability.

This included an NIO document listing types of information Chief Constable Matt Baggott should not tell the Policing Board, even in confidential sessions.

“The documents we have discovered show an obsession with keeping anything with the label ‘national security’ secret from our devolved institutions and a total indifference to accountability,” Mr Gormally said.

The second memorandum stated that:

• The Policing Board “has no role in national security matters or related

executive policing decisions.”

• Policing Board members questions on matters that “indirectly touch upon

national security” should not be answered if it might damage national

security interests.

• The Chief Constable should refer any such requests relating to “past, present

or future” national security to MI5 or the NIO.

• The Chief Constable must not tell the Policing Board any information from or

relating to MI5 without MI5’s authority to do so.

NIO have control over national security in Northern Ireland prisons / press eye

NIO CONTROL OVER PRISON AND PROSECUTION SERVICES

The CAJ report reveals that the NIO’s powers stretch beyond policing with control over parts of the Northern Ireland Prison Service (NIPRS) and Public Prosecution Service (PPS).

While Justice Minister David Ford has control of the day-to-day running of Northern Ireland’s prisons, the report found that the NIO has control over `national security’ issues within the jails.

Issues, such as the rules for who should be held in ‘separated’ paramilitary wings, surveillance and intelligence are retained by the Secretary of State.

Prison staff who are deemed to be engaging in such ‘national security’ related activity stop being accountable to the devolved administration and instead become ‘officers of the Secretary of State’ and are only answerable to the NIO.

Among the documents obtained by CAJ was a warning which stated that:

“Officials indicate that if this legislative direction granting such control over officials had not been agreed, MI5 and the NIO would have refused to allow any prison service staff to handle any such information.”

The report also makes reference to a ‘developing relationship’ between MI5 and the Public Prosecution Service (PPS), due to ‘particular concerns’ the security service has that sensitive information revealing MI5 techniques may be exposed in court.

A key recommendation of Patten was the establishment of a Commissioner of Investigatory Powers who was to have been tasked with overseeing the covert duties of the PSNI and other agencies carrying out policing functions.

However while the position was established, it has only powers to oversee non-policing devolved bodies such as the Department of Agriculture and Rural Development (DARD) and health service bodies.

While the CAJ director said that significant policing reforms have taken place he insists that the evidence exists of a worrying pattern of attempts to dilute the Patten reforms.

“In addition to the transfer to MI5, this is manifested in relation to, for example, the `lowering of independence’ of the Police Ombudsman’s office during the tenure of the second Police Ombudsman, and the PSNI rehiring scandal. The transfer of further covert policing functions to the ‘National Crime Agency’ which government presently intends to insert into Northern Ireland with full policing powers and be accountable to ministers and not the Policing Board, would further entrench such developments.

“Taken in isolation such occurrences could be viewed as anomalies, however when viewed together it is difficult not to conclude that there has been a concerted effort to roll back accountability.”

Related resources

CAJ report: `Policing you Don’t See: Covert Policing and the Accountability

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‘ONH’ FORCE PSNI RETREAT FROM TWINBROOK. AN ANALYSIS ON RECENT ARMED ACTIONS !

http://www.republicanunity.org/onh-force-psni-retreat-from-twinbrook-an-analysis-onhttp://www.republicanunity.org/

Oglaigh na hEireann yesterday (17 May) claimed responsipbilty trough the media for a gun and bomb attack on British police operating in the Twinbrook area of West Belfast. An attack which by all accounts forced a panicked PSNI unit to scramble along the ground for cover before retreating from the area altogether, albeit only for a few hours.

Wednesday’s was the latest in a series of OnhE claimed attacks on Crown Forces in the Belfast area since the beginning of the year, attacks which have demonstrated a capacity for utilising mobile phone detonation, mortar capacity, under car booby trap technology and now a clear abilty and intent to engage ‘face to face’ with the armed forces of the British State.

RNU has made their position on ‘physical force‘ quite clear ( See our A-Z Section), follow the link at the top of this page, it is a legacy issue borne from Britain’s insistence on maintaining its presence here by force. While claiming the right to hold a critical analysis on the political suitability of each and any republican armed action, we refuse to join in the hypoctrical chorus of condemnation from those that choose to ignore the fact that the overwhelming bulk of armed actions in Ireland are still carried out by the British state.

Day and night – and directed by MI5 – a heavily armed British PSNI literally stalk Irish Republicans and their families with hostile intent. In West Belfast, despite the best attempts from Sinn Fein and others to portray them as an accountable non-partisan force, so-called PSNI ‘community officers’, Armed Response Units and Tactical Support Groups all participate in the daily harassment of republican activists.

Families are followed constantly by PSNI patrol cars and Jeeps. Veichles and individuals are subjected to humiliating searchs on the roadside, in school grounds while collecting children, at work, and in the home during raids which are conducted on a whim and often in random retaliation for one incident or another.

Republicans on the ground will tell tell you that the British PSNI carry out their armed duties with gusto, appearing to take a perverse and macho pleasure in haharassing republican families, men women and children alike. Copious cases are reported of PSNI  officers following republican families around for hours and subjecting them to searches at the most inappropriate and humiliating moments.Of shining powerful lights into republican homes late at night, making verbal threats and smiling smugly at the shocked reactions of the parents, whose priority is to comfort their children clearly distraught at the hostile nature of the Armed Men in their midst.

But on Wednesday afternoon in broad daylight, the macho posturing of the British Police was deflated in Foxes Glen, when the same PSNI officers refused to engage with Irish Soldiers, instead opting to crawl along the ground to find cover. According to local people they used family cars and wheelie bins to hide behind, then scurried along footpaths in a clear state of panic before speeding out of the area, leaving the ground to Oglaigh naNa hEireann.

PSNI while under fire hid behind cars.

Later a compliant media reported on the almost compulsory presence of school children ‘playing in the area’, a claim disputed in the ONH statement and indeed not borne out by the fact that it was 1pm on a school day.

Sinn Fein claims as to ‘no susupport’ for ONH in the Twinbrook area appear to hold no water and raise the question as to why that party needs to continually repeat this well rehearsed mantra, not to mention their obviously hypocritical new position on armed actions.

Republican veterans will confirm that attacks such as that which occurred on Wednsday cannot take place at the level which they have (and there have been numerous such attacks in the Twinbrook area) without a degree of local support. Indeed for four years or more the population in the Twinbrook district have increasingly relied on ONH to face down Anti-Community elements in that area, in full knowledge that the PSNI have no interest in Anti-Social Criminality, except as a means to recruit and manipulate local youths.

Indeed the apparent response which ONH made to requests for intervention from the community may well point to their increasing levels of support and successes in Belfast and seeming inability of the PSNI to disrupt their efforts as they have done to other like minded republican groupings.

At the begining of January OnhE admitted trying to assassinate a serving PSNI officer at his home in East Belfast by placing an UCBT underneath  his vehicle. In early March three more PSNI officers had a narrow escape at the Duncre towpath along the M5, when an ‘anti-personel device exploded close to them. According to both the PSNI and republican sources the IED was detonated using Mobile Phone Technology. In a statement from the British PSNI, Detective Chief Inspector Karen Baxter said “Had this device exploded as intended we would’ve had fatalities this morning,” she said. “There was a significant degree of planning involved and this was a sophisticated device”.

Less than a week later Oglaigh na hEireann aimed what they termed to be a ‘MK1, 10KG’ Mortar at New Barnsley PSNI Barracks in West Belfast, it appears that British Army Bomb Disposal Uuits were able to disable the device before it was launched. That attempted mortar attack in itself, – alongside the appearance of Mobile Phone Detonation Technology a week earlier – shines a further light on the ongoing crisis which the British PSNI are facing in their losing battle to defeat Militant Irish Republicanism in the Belfast area, and the extents to which they will go to cover-up that crisis.

Last July the PSNI assisted by dubious figures in the world of journalism, did their best to discredit a claimed OnhE gun and Horizontal Mortar Attack on a PSNI patrol, which took place along the Glen Road, again in West Belfast. According to the Oglaigh na hEireann statement, one of their Active Service Units (ASU) had fired at (with a rifle) and hit a passing PSNI jeep. Which was driving along the Glen Road in the early hours of July 27th 2012. As another jeep sped to the scene, they used Mobile Phone Techonology to detonate a Horizontal Mortar Device which fortunately for the British Police appeared not to leave its launching tube at full velocity.

http://m.youtube.com/watch?v=VKJaGFo8pAA&feature=plpp

Despite video footage (as above) of the attack being released to the Irish News, the PSNI – assited by former Sunday World journalist Suzanne Breen – spent the following week attempting to discredit the Oglaigh na hEireann claim. Firstly they pointed to the absence of the unexpolded mortar and the launch tube (ignoring the  possibilty that an ASU unit would retrive such objects for forensic reasons) and then relied on a PSNI statement which claimed that ONH lacked both mortar capacity and the ‘ability to detonate using mobile phone techonology’! A prolonged attempt was then made to discredit ONH by claiming that the attack was in fact a staged ‘hoax’.

It is now however (with both the M5 and Ballygomartin attacks) that both mortar capacity and mobile detonation capacity did exist, the carpet has arguabily been pulled from under the feet of the conspiracy theorists, pointing to the fact that the Glen Road attack probabily did occour just as ONH claimed. What is equally clear is that the PSNI have found themselves incapable of infultrating or significantly disrupting the activities of Oglaigh na hEireann (no charges have arose from any of these attacks) perhaps suggesting that the prudence of that group last year (maintaining their own autonomy) was well based.

Whatever the operational capabilities of Oglaigh na hEireann and the PSNI’s clear inability to defeat their efforts, what is missing from the equation is a debate within the wider republican family as to the long-term merits of physical force, Its benefits, its drawbacks and the price which the movement and its supporters pay in terms of Gaol time and harassment.

Republican Network for Unity would call on the wider republican and socialist family to consider the holding of such a debate, free from an atmosphere of schism and based only on the realities of cold hard facts.

posted by Charlie.

Jarlath Toner ( RNU ARMAGH )

Posted on behalf of RNU.

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SHOOTING SCENE UNSECURED FOR THREE HOURS

Officers fled after gunmen opened fire

CONCERN was expressed on Thursday night that police left the scene where gunmen opened fire on officers – unsecured for more than three hours. Residents of the Foxes Glen devolpment in West Belfast could clearly see the remains of a bullet lying on the ground at the back of a car where the aattack took place.

The scene from Forrest-Gump as he’s running and losses his leg braces RUN FORREST RUN

 

‘ Somebody could have been really hurt here today - Margaret McGrath

Young children were standing close to it, taking phphotographs with their mobile phones. A police patrol made up of one woman and two men, was lured into the area following a bougas report of a burglarly. Six shots were fired into the housing development as children played nearby. None of the officers were injured, although the PSNI spokesman said they had been left ” extremely shaken”. Following the shooting, the police patrol sped from the area and more than three hours later the scene around the car had still been left unsecured. A police Land Rover could be seen parked at  to the devolopment. Sinn Fein councillor Stephen Magennis, who lives in the area, said he heard “one loud bang and about five or six smaller shots”. He described the shootings as “reckless”.”It was obviously attempted murder, not only on obviously the police – I’m glad nobody was hurt – but also residents and children.” Mr Magennis said it was “not acceptable” that the scene had been left ununsecured. “Obviousley, I understand there’s precautions in place for the police coming in to obviously a follow-up operation,” he said.

“They should have been in long ago. You can see there’s still a bullet lying here. It’s being left to the community.” Resident Margaret McGrath, who was at the scene on Thursday holding her 22-month-old ggranddaughter, said she was “disgusted” by what had happened. She described hearing the police car “screech” before it sped out of the area. “There’s so many children here,” she said. “Somebody could have been really hurt today. I mean, we put this all behind us a long time ago and they’re bringing it back.” Police on Thursday night confirmed “following the initial attempt to murder police officers in Foxes Glen, Dunmurry, crews were withdrawn from the area”. “Previous experience has indicated that on many occasions where an attack has been made on police there is often as secondary attack in the same area,” a spokesman said.”As police presence following such an attack can itself constitute a risk to the community on many occasions the decision is taken to reduce that risk by removing police officers from the immediate area.”

Lisburn area commander Chief Inspector Darrin Jones also hit out at those responsible for the attack. “It is despicable that police officers, who were simply trying to give assistance to a person they believed needed them, should be attacked so ruthlessly,” he said. “Simply put, this was an attempt to murder three young, professional, dedicated people. Three people who were just trying to carry out their duty and serve their community to the best of their ability. “I am appealing directly to anyone  who was in the Foxes Glen area at the time and may be able to help us, to get in touch with police. “I feel extremely grateful that those responsible for this attack failed in their goal to murder. “We could have been dealing with an unimaginable tragedy had the person or persons who pulled the trigger had their evil way. “I ask people in Twinbrook, Dunmurry and further afield to continue to support us and to let the people behind this reckless attack know they do not have support and they will not succeed.” Anyone with information about the attack can contact police on 0845 600 8000 or Crimestoppers anonymously on 0800 555 111.

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

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MAN (41) CAUGHT TRANSPORTING GRENADES JAILED FOR FIVE YEARS

‘The nails, nuts and bolts inside would have caused serious injuries or worse to anyone in the vicinity of these devices exploding - PSNI Serious Crime Branch spokesman.

A DUNGANNON man caught transporting seven “anti-personnel grenades” has been jailed for five years. Martin McGilloway (41) has been sentenced to five years in jail and five on supervised licence conditions. He was jailed at Belfast Crown Court.

The sentencing came a week after Judge McFarlanti-pered down the same term to his co-accused Thomas Hammill (41) after the pair admitted having the explosives with intent to endanger life on May 28 2012. The court heard McGilloway had been the driver of a car that had been chased by police for a short distance in Dungannon. After the car performed a u-turn, officers saw a black holdall being thrown from the passenger-side window. When it was retrieve at Minnevigh Road, police uncovered seven ‘IEDs‘, including lengths of pipe with fireworks, small arms explosives and shrapnel, or ‘grenades’, to be lit with a fuse. While there was no forensics to link McGilloway – a single father-of-two of Spring ale estate in Dungannon – to the bag or its contents, the court heard he had been the ‘courier’ to transport his friend Hammill, also from the Springdale estate, when they were intercepted. Judge McFarland accepeted there was no forensics linking McGilloway to the devices but he found no reason to distinguish between the pair. He noted that McGilloway had accepted he had agreed to be the driver of the car and had engaged in a futile attempt to escape police and that while he may have had a debt to his friend, he had agreed to help transport the devices “from one place to another”.

The judge said : “You may have had a limited role but I am not dissatisfied you don’t fall within the category of being dangerous so I don’t see any distinction between you and Hammill.” Afterwards, a spokesman for PSNI Serious Crime Branch welcomed the sentences, saying the length showed “those individuals convicted of serious terrorist offences can expect to lose their liberty for a considrable time”. “These improvised devices were designed to function as anti-personel grenades and were probably intended to be used to attack police or other members of the security forces,” he said. “The nails, nuts and bolts inside would have caused serious injuries or worse to anyone in the vicinity of these devices exploding. “There is no doubt that the actions of police in this case have protected their colleagues and the public from serious injury or death.”

With many thanks to : Irish News.

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RESIDENTS GROUPS CRITICISE PARADES TALKS IN CARDIFF !

‘They are going to solve nothing by going over there. It’s going to be solved in the areas affected by theCalifornia. - Frank Dempsey.

REPRESENTATIVES of some nationalist residents groups at parade flashpoints have criticised a PSNI/RUC initiative to reduce tensions ahead of the main marching season. Police officers, political representatives and community workers are in Cardiff to discuss ways of reducing tensions in the run up to the main marching season.

However, a number of nationalist residents groups at several key flashpoints, which are not aligned to Sinn Fein, were not invited to those talks. Carrick Hill residents spokesman Frank Dempsey, whose group is opposed to loyal order marches past the area and nearby St Patrick’s Church, expects little to come out of the talks. “Even if we had been invited we would not have gone,” he said. “They are going to solve nothing by going over there. “It’s going to be solved in the areas affected by these parades. “We don’t have to go anywhere else to talk, we can go to an orange hall or the front room of someone’s house to talk.” Sean Hanna, chairman of Rasharkin Residents Collective, which is opposed to loyal order and loyalist parades through the mainly nationalist Co An trim village, also criticised the event.”They have used the process so they could choose the right people to deliver in Wales their pre-planned political message,” he said.

Mr Hanna revealed last week that his group has been involved in direct talks with the Orange Order in Rasharkin, although the order has denied the claim. A spokesman for Greater Ardoyne Residents Collective, which objects to loyal order parades going past the nationalist district in north Belfast, said : “They must take a bold step up to the mark and desist from treating our communities as second class citizens and let’s build together a real and genuine island of equals in which a shared further can exist, one in which we and all our children deserve.” “Then and only then, can we together realistically considerer looking at bringing walls and barriers that device our communities down, once and for all.” A police spokeswoman said the event was “planned to enable us to have an open and frank conversation about policing in Belfast”. “Given the critical role played by the police in our communities, our discussion will focus on the issues facing policing in Belfast and on identifying ways of building and sustaining a broad base of support for policing and strengthening community-based approaches,” she said.

With many thanks to : Connia Young, Irish News.

Discussions ‘to reduce tensions’

THE PSNI-organised talks at a four-star Cardiff hotel which began yesterday are being attended by all the north’s main parties, along with republican and loyalist community leaders. However, none of the loyal orders or the Parades Commission is taking part. Headed by Assistant Chief Constable George Hamilton, the 34 participants include six senior police officers. Police have insisted the talks are not about trying to resolve parades disputes but are designed to reduce tensions and address complaints about how police have responded to unrest over recent months.

The discussions are being chaired by facilitators from the Universty of Ulster and Stanford University in Califorina. Delegates include senior republican Sean Murray, UDA leader Jackie McDonald and Winston Irvine of the UVF-allgned PUP. Other delegates include the former moderator of the Presbyterian Church in Ireland, the Rev Norman Hamilton. The event is expected to cost the public up to £26,000 with the cost split between the PSNI and the NIO.

John Manley.

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LIES, DAMN LIES AND STATISTICS

This week saw a local member of the 32csm before the courts following a mobile RUC patrol arresting him on a fabricated charge of using his phone whilst driving.

The arrested man who runs a local business appeared in court vehemently denying the charge, with the judge stating that he would not get a fair trial without his phone records being seen, either proving or disproving the charge.

Following the retrieval of the phone records which proved that the phone had not indeed been in use, the RUC changed their testimony to state that they never said he was on the phone but that he had it in his hand and was looking at it.

The Judge immediately accepted their change in the statement stating that he could have been looking at facebook or searching for a number and quickly fined the defendant £400 endorsing his license with 3 points.

This is your promised new (IN)justice system in operation. Perjured and falsified evidence goes before the courts and is accepted without question. Sectarian Apartheid Injustice in action and will only get worse and more prevalent before it gets better.

Lies,damn lies and statistics

Posted on behalf of : Derry Sceal

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OFFICERS TO GIVE EVIDENCE ON PSNI/RUC ‘BID TO SABOTAGE APPEAL’ !

‘It’s our case  that police have manipulated and subverted the appeal process - Barry Macdonald QC.

POLICE decision-making and arresting officers are to give evidence about an alleged attempt to sabotage appeals by two men jailed for murdering  Constable Stephen Carroll, a court has heard. Amid repeated claims that the PSNI/RUC tried to stymie the legal process by detaining a new witness, senior judges were told covert surveillance recordings were also to be examined.

Details emerged as an unprecedented bid to secure independent oversight of the ongoing police investigation was put back until October. Interference  has been alleged by lawyers for John Paul Wotton and Brendan McConville, both of whom are seeking to overturn their murder convictions. Constable Carroll was ambushed and shot dead as he responded to a 999 call at Lismore Manor, Craigavon on March 2009. McConville (41), of Glenholme Avenue in the town, is serving at least a 25-year sentence for the killing. Wotton (22), of Collindale, Lurgan, received a minimum 14-year term. Days before their joint appeal was to get under way last month, a man related to a key prosecution witness was arrested and held for two days before being released without charge. This man has made a sworn court statement branding his relative a compulsive liar.

According to defence lawyers police arrested him in a bid to pressure him into withdrawing his evidence and told him he would be discredited if he testified.The lawyers want the Court of Appeal to direct independent oversight of this aspect of the investigation. One option would be for the Criminal Cases Review Commission to intervene. A separate request has been made to the police oombudsman to look into allegations of misconduct. In court yesterday Barry Macdonald QC, for McConville, said : “It’s our case that police have manipulated and subverted the appeal process.” Questions to be decided in the defence application include :

• Was  the surveillance operation properly authorised under laws governing the use of covert techniques?
• Was the arrest of the new witness lawful and necessary?
• Was there any attempt to presuade or coerce him to alter his evidence?
• Has there been any police manipulation of the process?
• If so, what are the consequences?

Mr Macdonald said he intended to call the new wwitness and at least one solicitor to testify. Ciaran Murphy QC, for the Public Prosecution Service, told the court that all police officers who had either decided to make the arrest or carried it out would be expected to give evidence. All interviews and recordings should be gone through as well, in a process that could take days, he suggested. Mr Murphy said he was satisfied proper authorisation was obtained in relation to the covert material. “If there is action by the police either inappropriate or unlawful, past or future, there is a clear remedy open to the defendants,” he said. However, Mr Macdonald expressed concern that the application would not be heard until October, when the appeal itself is scheduled to begin. “In the absence of any measures to provide independent oversight of this investigation the court itself will have exposed itself to possible liability for breach of article 6 [ right to a fair trial ],” the lawyer said. The case was adjourned for a further review next month.

With many thanks to : Irish News.

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TALKS IN WALES EVIDENCE OF ‘POLITICAL POLICING’ : LOYALISTS

‘Their political policing strategy has had disastrous consequences over the past four months - John Wilson.

A GROUP set up by loyalist flag protesters has branded plans byconsequences the PSNI/RUC to hold talks in Wales with politicians and community represdestroyed s ahead of the marching sseason as evidence of “political policing”. The Ulster People’s Forum (UPF) last night said it had not received a request to take part in talks and would have turned down an invite if asked.

“The UPF view is that the PSNI have been clear their job is policing and we feel they shouldl stick to this remit as their political policing strategy has had disastrous consequences over the past four months with relationships in some loyalist areas almost detroyed to the point of no return,” forum chairman John Wilson said. It emerged this week that the PSNI/RUC in conjunction with Univeristy of Ulster academic Duncan Morrow, has invited representatives of pilitical parties to Cardiff next weekend to discuss policing issues ahead of the summer marching season. Tensions continue in parts of Belfast around loyal parades including Ardoyne and outside St Patrick’s church in Donegall Street.

Policing reached crisis point  during the winter as loyalists blocked roads and attacked police and Alliance politicians in the wake of the decision by Belfast City Council to stop flying the Union Flag every day. The UPF was formed weeks after the flag protests started in December with leading protesters Jamie Bryson and Willie Frazer emerging as spokesmen. This week PSNI/RUC chief constable Matt Baggott said the meeting was an attempt to build relationships “with a veiw to this summer’s parading”. It emerged last night that neither the Orange Order or represtatives of nationalist residents’ groups in flashpoint districts had been invited to attend the Cardiff event. Mr Wilson of the UPF conceded that the number of flag-related protests was well down compared to previously but blamed police tactics which he described as “political policing”. “There  are a lot of people out there with wives, familes and jobs and they can’t afford to be arrested or questioned.” Orange Order grand chaplain the Rev Mervyn Gibson confirmed last night he had been invited to attend the talks through a church group with which he is involved but he declined because of a prior engagement. He confirmed that the Orange Order itself had not been invited to attend the talks.

With thanks to : Connia Young, Irish News.

MEN JAILED FOR CARROLL KILLING GET DATE FOR LEGAL CHALLENGE

‘ Last week judges were told police have tried to sabotage appeals being mounted by John Paul Wootton and Brendan McConville.

AN unprecedented legal bid for independent oversight of PSNI/RUC inquiries surrounding the murder of Constable Stephen Carroll will take place next week.

Lawyers for the two men attempting to overturn their convictions for the killing are seeking an order for the Criminal Cases Review Commission to examine the arrest of a new witness in the case. They are also making a separate application to the Police Ombudsman to look into allegations of misconduct in the operation. Last week judges were told police have tried to sabotage appeals being mounted by John Paul Wootton and Brendan McConville. Defence counsel made thehclaim as their joint challenge to being found guilty of the murder was put back until October 7th amid uncertainty over potential fresh evidence. Constable Carroll was ambushed and shot dead as he responded to a 999 call at Lismore Manor, Craigavon in March 2009.

McConville (41) of Glenholme Avenue in the town, is serving at least a 25-year sentence for the murder. Wootton, (22) of Collindale, Lurgan, received a minimum 14-year term. It was revealed in court that an related to a key prosecution  witness was arrested two weeks ago and held for two days before being released without charge. This man has made a sworn court statement branding his relative a compulsive liar. According to defence lawyers police arrested him in a bid to pressure him into withdrawing his evidence, and warned he would be discredited if he testified. They now want the Court of Appeal to direct the Criminal Cases Review Commission (CCRC) to look into this aspect of the case. Judges yesterday listed their application for  hearing next Wednesday. It was also confirmed that transcripts from all but one of the 11 interviews carried out with this new wittness have been handed over to the defence teams. As he updated the court Ciaran Murphy QC, prosecuting, said ongoing police inquires are expected to take another four weeks. Lord Chief Justice Sir Declan Morgan pointed out : “Part of this application is about who should conduct/supervise that investigation.” Mr Murphy replied by suggesting the CCRC may have difficulties in dealing with a continuing police probe.

With many thanks to : Irish News.

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SECURITY FORCE SURVEILLANCE OF JUSTICE GROUP

Justice for the Craigavon Two

Security Force surveillance of Justice Group

A Co. Antrim councillor who belongs to a group set up to campaign for the release of two men convicted of killing police officer Stephen Carroll believes she may be under security force surveillance.

Anita Cavlan, who is an independent councillor in Ballymoney, says she has been told she may be monitored because of her involvement with the Justice for the Craigavon Two Campaign Group.

Her claim comes in the wake of a court hearing earlier this week where the PSNI was accused of trying to “sabotage” the appeals launched by Craigavon men Brendan McConville (41) and John Paul Wootton (21).

Last night Gerry Conlon, who was wrongfully convicted of the IRA Guildford pub bombings, also spoke of his unease amid claims that police named him to a man who was being questioned about the case last week.

The Justice for the Craigavon Two Campaign Group was set up last year to highlight claims of innocence by McConville and Wootton who were convicted of Mr Carroll’s murder last May.The Officer died after being shot in the head by a Continuity IRA sniper as he and his colleagues answered a hoax emergency call at Lismore Manor in Craigavon in March 2009.

McConville was told he will have to serve a minimum of 25 years in jail while Wootton will serve at least 14 years behind bars.

An appeal hearing into the case was supposed to start on Monday but was adjourned after it emerged that a key defence witness was arrested and held by police for two days last week before being released without charge.

It also emerged that the man is a relative of Witness M who gave evidence against Brendan McConville during last year’s trial.

In a statement given to McConville’s defence team last month he branded Witness M as a “compulsive liar”.

The arrest was made after a surveillance operation, which is understood to have focused on a number of people.

Mr Conlon, who is chairman of the Justice for the Craigavon Two Campaign Group, attended this week’s court hearing with Paddy Hill of the Birmingham Six.

He said his name was mentioned to Witness M’s relative when he was being questioned by police.

“My name was brought up and while it’s not surprising it is disturbing” he said. “They obviously know my background and they know what i stand for”. “There are times when you praise the police for their investigations into miscarriages of justice, I understand the need for them “. “But i also understand the need for transparency in order to have faith in the institutions”. “its not me that calls the institutions into question, its the institutions themselves.”

Last night Anita Cavlan, who is a former Sinn Fein councillor, claimed she has been told she may have been under surveillance because of her work in the Justice for the Craigavon Two Group. “Everything i am doing is above board and perfectly legal and, as we know from previous incidents, people can be fitted up to try to put them off being involved in justice campaigns,” the independent councillor said. “I am an elected representative and part of a legal justice campaign and we are being snooped on.”

Mr McConville’s solicitor Kevin Winters said he will ask the Court of Appeal to allow the Criminal Cases Review Commission to oversee the PSNI investigation into matters relating to the new witness.

A Spokesman for the PSNI said “While we can not comment on named individuals, anyone with a complaint about the actions of the police is advised to contact the office of the Police Ombudsman.”

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