Family get leave to challenge verdict in SAS killings

‘It ruled that the SAS had used reasonable force during the operation and that the IRA men’s own actions had contributed to their deaths.

THE family of one of two IRA men shot dead by the SAS can widen their challenge to the verdict on an inquest that the killings were justified, senior judges have Ruled.

http://www.thedetail.tv/system/photos/images/1101/article/1101.jpg?1335959738

The Court of Appeal granted leave to seek a judicial review on further grounds about a failure to disclose to relatives  of Martin McCaughey and Dessie Grew information about the soldiers’ involvement in other ‘lethal force’ incidents. Their verdict is being seen as a boost for attempts to have the inquest findings quashed. McCaughey (23) and Grew (37) were allegedly armed with AK47 rifles when an SAS unit opened fire on them at farm buildings near Loughgall, Co Armagh in October 1990. Neither IRA man fired any shots, provoking claims that soldiers could have arrested the men instead. But in May 2012 a jury that heard the inquests found the killings were lawful. It ruled that the SAS had used reasonable force during the operation and that the IRA men’s own actions had contributed to their deaths. Grew and McGaughey put their own lives in danger by being in the area close to a stolen car that was expected to be used in paramilitary activity, according to the verdict. Both men were said to be armed with guns, wearing gloves, balaclavas and were approaching soldiers who believed that their lives were in immediate danger.

McCaughey’s sister, Sally Gribben, sought leave to judicially review the verdicts reached by the jury on a number of grounds. Her legal team argued that the inquest failed to comply with procedural protections guaranteed under European law, and failed to constitute an independent and effective investigation into the deaths. Another key complaint centered on the failure to secure the re-attendance at the hearing of a military witness identified only as Soldier A. He was also linked to the use of lethal force in the SAS shooting of another IRA man, Francis Bradley, four years earlier. Soldier A, who led the unit that shot Grew and McCaughey, initially gave evidence at the inquest. However, he failed to return to the hearing after it was ruled he could be questioned about his involvement in the Bradley shooting and evidence appearing to show that all three IRA men had been shot while lying fatally wounded on the ground. High Court judge Mr Justice Weatherup initially decided an arguable case had been made that not enough was done to secure Soldier AM’s re-attendence, but dismissed all other grounds of the challenge. Ruling on Tuesday on an appeal against his verdict, Lord Chief Justice Sir Declan Morgan said there is an “arguable case with a reasonable prospect of success” in relation to the first three grounds raised by the appellant, concerning alleged failures of disclosure in respect of the involvement of the soldiers in previous incidents where lethal force was used and the prohibition of any cross-examination in respect of such matters. Following the verdict the McCaughey family’s lawyer Fearghal Shiels said denying potentially relevant material about other lethal force incidents to the next of kin had adversely impacted on their right to participate effectively in the inquest.

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

MOTHERS ANGER OVER ‘ IRA MEDALS ‘ !

THE Mother of an 11-year-old boy is angry that children at a Gaelic Athletic Club Football blitz at the weekend were given medals bearing the picture of a dead IRA man.

The medals given to the under-12 boys at Galbally Pearses Club in Tyrone featured Martin McCaughey. He and IRA man Dessie Grew were shot dead by the SAS in disputed circumstances on October 1990.

” It was outrageous, My son was asking what the hero did”, said the mother who did not wish to be named.

Flag Inappropriate and Offensive” – Boylan

Sinn Féin Assembly Member for Newry Armagh Cathal Boylan has lambasted those responsible for the erection on an SAS emblazoned flag at Loughgall recently.

“Local people living in the vicinity of Loughgall contacted me following sightings of this flag, which is believed to have been erected on 8th May, to express their shock and revulsion at the impliedmessage on the flag.

“As you will note from the photographs the flag has the words SAS 9-0 and what appears to be the SAS insignia. This flag has caused great offence and distress to the families of nine men killed in a most vicious manner by the SAS in Loughgall on May 8th 1987.

“On learning about this flag I immediately contacted the PSNI to request that they make investigations to have the flag removed. I am satisfied to say that this appears to have happened and this flag, which no doubt aimed to offend and to intimidate the local people, is no longer flying.”

LOUGHGALL MARTYRS – ALWAYS REMEMBERED – NEVER FORGOTTEN RIP

FREE THE TRUTH SOMEONE SOMEWHERE KNOWS THE TRUTH !!!

FREE THE TRUTH

POSTED ON BEHALF OF: DERRY SCEAL.

SAS SOLDIER MADE UP ACCOUNT OF ATTACK,IRA INQUEST TOLD ….

A mural in Belfast on collusion between the Br...

An SAS soldier manufactured an account of the shooting of two IRA members in order to cover up the use of excessive force, a court has heard.

Dessie Grew (37), and Martin McCaughey (23), died when troops fired 72 bullets at the pair near farm buildings in Co Armagh in October 1990.

At the ongoing inquest into their deaths last Friday, the military witness, who gave evidence from behind a curtain at Laganside courts in Belfast, was identified only as Soldier C.

A barrister representing the men’s families, Karen Quinlivan, contested claims that he fired 19 rounds because he believed he was under attack, though it later emerged that the republicans did not shoot.

She said: “That is an account that you have made up in order to justify the extreme force that you used on the night in question.”

Soldier C confirmed that the troops gave no warning before firing, but he rejected claims that he had fabricated his account and said that he had opened fire in response to flashes that later emerged to have been caused by bullets fired by the soldiers.

The jury heard Soldier C had claimed to have opened fire because he believed his life and those of the other troops were at risk.

The inquest, which is in its fifth day, is one of several into so-called security force “shoot-to-kill” incidents which have sparked controversy and a series of official investigations.

Soldier C said he saw flashes through his night vision gun sight and moved forward with another soldier, firing as they closed in on the barn: “It’s a lot safer for us to do that than sit there and do nothing,” he said.

He said that firing stopped when they believed the shots being fired at troops had ended, but the barrister questioned this account because the troops were responding to flashes caused by their own bullets.

She said: “I am suggesting to you, Soldier C, that what you are saying makes absolutely no sense.”

The soldier answered: “That is your opinion and you are welcome to it.”

He added: “I believed my life and the lives of my team members were in danger.”

The inquest continues.

 WITH MANY THANKS TO THE : BELFAST TELEGRAPH.

Read more: http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/sas-soldier-made-up-account-of-attack-ira-inquest-told-16132923.html#ixzz1qhPl2YRX

SAS KILLED IRA DUO ” AS THEY LAY INJURED ” !

Mural commemorating those killed in the Loughg...

TWO IRA men were shot dead as they lay wounded after being confrounted by SAS troops who had been keeping them under surveillance, it was claimed at an inquest on Wednsday 14th March 2012.

 Karen Quinlivan, a barrister representing the familes of the two Republicians, challenged soliders claims that they opened fire to protect themselves against armed terrorists in 1990 near a farm outbuildings in Co Armagh. She alleged : ” You make sure the wounded man is no longer wounded, he is dead.” Dessie Grew (37) and Martin McCaughey (23) died in a hail of 72 bullets near the farm buildings in October 1990. Special forces had been monitoring the mushroom shed near Loughgall because they suspected a stolen vehicle inside was to be used for terrorism. While soldiers argued that care had to be taken that suspects could no longer harm them, Ms Quinlivan asked whether they could have disarmed and arrested the two men.

She told a soldier witness at the Belfast inquest : ” After the two men had fallen to the ground in circumstances where they were clearly wounded by high-velocity rounds, which you will acknowledge are extremely damaging, SoldierD fired two shots into Dessie Grew as he ley face down on the ground and it appears also fired a third shot, the fatal shot, into Martin McCaughey’s head as he lay on his back on the ground.” Yesterday was day three (Wednsday 14th March 2012) of the inquest. Soldiers who will appear later are expected to argue that their lives were endangered, Ms Quinlivan said.

Loughgall, Co.

Evidence already before the inquest jury from a doctor who examined the dead IRA men said they were lying near guns and ammunition. Soldier J, an expert in training SAS soldiers, said servicemen may still be under threat even if their target is wounded. Ms Quinlivan said : ” You seem to be suggesting that it is soldiers’ practice to finish off wounded men?” Soldier J responded : ” It is in the soldiers mind tatn if he is approaching someone that may be wounded, may be still armed, may have something that could harm him, it is his responsibility to render that threat no more.” The inquest is one of several so-called security force ” shoot-to-kill ” incidents which have sparked official investigations. The officer commanding at the time, Soldier K, has denied there was a policy of shoot-to-kill.

The inquest continues….

 

 IRA MAN ” DYING ” BEFORE FINAL SHOT.

AN IRA man was already dead or dying when he was shot on the ground from close range by an SAS soldier, a pathologist told a Belfast inquest. 

Dessie Grew ( 37 ) was one of two Provisionals gunned down near sheds under surveillance by special forces for terrorist activity near Loughgall, Co Armagh , in 1990. A total of 72 bullets were discharged at Martin McCaughey,(23) and Grew and a lawyer for their familes has accused a special forces member of finishing them off while they were  lying defenceless on the ground. Pathologist Dr Nat Cary said : ” You could not assume he ( GREW ) was dead but you could assume he was dying of his other wounds. Even when people are critically injured they may last a few minutes.” The inquest is probing one of several so-called security force ” shoot-to-kill ” incidents which have sparked controversy and a series of official investigations. Soldier D admitted firing the final two shots at Grew, claiming he moved as he opened a barn door, causing the former corporal to instinctively reach for his gun. Soldier D denied firing a third bullet at McCaughy’s head while he was lying on the ground. Dr Cary said that, given the number of bullets discharged and the nature of the injuries, it was highly likely that Grew and McCaughey received shots whilst on the ground or partially so.

The inquest continues….

 

WITH MANY THANKS TO : MICHAEL McHUGH, BELFAST TELEGRAPH.

Shoot-to-kill” inquest opens after 22 years of lies

Shoot-to-kill” inquest opens after 22 years of lies.
One of the oldest outstanding inquests in the North of Ireland has finally begun in Belfast.

The inquest into the deaths of two Republicans shot dead in an ambush by an elite British Army unit over twenty years ago began on Monday.

Sinn Féin councillor Martin McCaughey and Dessie Grew were killed near Loughgall, County Armagh in October 1990. Both men were Volunteers in the Provisional IRA.

They were shot close to isolated farm outbuildings at Lislasley outside Loughgall. The building had been under surveillance for some time by the SAS (Special Air Service).

It was always believed the pair were victims of Britain’s ‘shoot to kill’ policy of deliberate political assassination.

In May 2011, the Supreme Court in London finally cleared the way for the inquest to begin. It ruled that a coroner must examine the operation that brought about the killings, and should not be restricted only to the physical means of their deaths, as sought by the British authorities.

Speaking before the inquest got underway, Peter McCaughey, brother of Martin, said: “Our family have always believed that our brother Martin was deliberately targeted and murdered by members of the SAS.

“We have waited over 20 years for an inquest into Martin’s death and at last we will have an inquest which investigates not only whether individual soldiers unlawfully killed my brother, but whether the SAS deliberately set out to kill Martin and Dessie Grew.”

“We hope, now that any restrictions on the scope of the Coroner’s investigation have been lifted that we will finally get justice for Martin and Dessie.”

Mural commemorating those killed in the Loughg...

However, the inquest coroner, Brian Sherrard, initally appeared to accept British claims that the SAS unit feared they would be the ones attacked.

“At the time of opening fire they believed that the men were going to fire on them,” the coroner said, opening the inquest.

Evidence from a doctor who examined the deceased said there were arms in the shed where the men were killed.

Karen Quinlivan, a barrister representing the families of the two republicans, challenged the soldiers’ claims that they opened fire to protect themselves — by pointing to the manner of their deaths, shot in the head as they lay injured.

She told a soldier witness at the Belfast inquest: “After the two men had fallen to the ground in circumstances where they were clearly wounded by high-velocity rounds which you will acknowledge are extremely damaging, ‘Soldier D’ fired two shots into Dessie Grew as he lay face down lying on the ground and it appears also fired a third shot into Martin McCaughey’s head, the fatal shot into Martin McCaughey’s head, as he lay on his back on the ground.”

An individual known only as ‘Soldier J’ — put forward as an expert in training SAS soldiers but who was not involved in the Loughgall operation — said an SAS unit may still feel under threat even if their target is wounded.

Ms Quinlivan said: “You seem to be suggesting that it is soldiers’ practice to finish off wounded men?’

‘Soldier J’ responded: “It is in the soldier’s mind that if he is approaching someone that may be wounded, may be still armed, may have something that could harm him, it is his responsibility to render that threat no more”.

“You make sure the wounded man is no longer wounded, he is dead,” Ms Quinlivan said.

At least 12 British soldiers are due to give evidence and at least six members of the PSNI/RUC.

Forensics experts and a pathologist will also be called as well as three people located in and around the area of the deaths at the time.

POSTED FOR AND ON BEHALF OF : Diann Isleñita Cook

Pursuit of terrorists is ‘like a tiger hunt’, said British general

Gaeilge: Bearaic Constáblacht Ríoga Uladh (RUC...
Gaeilge: Bearaic Constáblacht Ríoga Uladh (RUC), Crois Mhic Lionnáin, Contae Ard Mhacha. English: Police station of Royal Ulster Constabulary (RUC) in Crossmaglen, County Armagh, Northern Ireland. Suomi: Royal Ulster Constabularyn (RUC) poliisiasema Crossmaglenissa Armagh'n kreivikunnassa Pohjois-Irlannissa. (Photo credit: Wikipedia)

Army commander’s choice of words at a sensitive time provoked protest from his colleagues

The campaign against terrorists was described as “like a tiger hunt” by Britain’s top military officer in Northern Ireland at the height of the Troubles.

Lieutenant General Sir John Waters urged Army commanders in the province in June 1989 to view terrorists like the quarry in “an old-fashioned tiger hunt”. His directive declared that police and army units should work together like beaters and experienced hunters to drive targets “on to the guns”.

His words, at a time when the British military were accused of operating a shoot-to-kill policy, provoked protests from his colleagues. Major General Charles Guthrie, now a peer, complained that “the references in the letter to tiger hunting and killing are ill-advised”.

Full details of the document, which became known as the “Tiger in the Jungle” paper, emerged amid renewed criticism of the Army’s role during the Troubles, as SAS officers faced questioning over the deaths of two IRA men in Loughgall in 1990. However, the special forces officer in charge of the operation that ended with the deaths of Martin McCaughey and Dessie Grew said his men opened fire only if life was endangered.

Lt-Gen Waters, who was General Officer Commanding the British Army in Northern Ireland from 1988 to 1990, sent all his commanders a “concept of operations” paper detailing what was expected from them during their time in Ulster. The paper dealt with the issue of “police primacy” – which had become a bone of contention between the security forces at the time – stating that “wherever possible, the maintenance of public order and anti-terrorism are conducted by the police”.

But the seventh of his 17 points caused consternation among his superiors. “The way that the standard units and the specialist units should work together to get success can be compared with an old-fashioned tiger hunt,” Lt-Gen Waters declared in the document, released by the Ministry of Defence under Freedom of Information legislation. “The most experienced hunters are placed in what is judged to be the very best position from which to get a shot.

“The beaters surround the area of the jungle where the tigers are expected to be and drive them on to the guns. Beating requires great skill and coordination to prevent the tigers breaking out of the cordon, or killing some of the beaters.

“Frequently the tigers break back, make a mistake, and expose themselves to the beaters. This is the opportunity for the beaters, who also carry guns, to get a tiger.”

Maj-Gen Guthrie asked his colleague to moderate his language. He wrote, in August 1989: “My main worry is that, whatever caveats are attached to the documents, their contents will leak out in a way which will cause embarrassment to you, the Army Department and Ministers. Bitter experience suggests that such quotable phrases become so widely discussed that they are almost bound to reach unauthorised ears sooner or later.”

The Labour MP Paul Flynn said: “I am all in favour of letting sleeping dogs lie, but this type of leadership is much worse than I had ever expected.”

The Tory MP Patrick Mercer, who served briefly under Waters in Northern Ireland, said his senior was handling the row over the relationship between police and military units.

He said: “It’s worth remembering that he wrote this at the height of the disease of political correctness. At that time, military operations would be put off because the police decided that killing terrorists would likely cause more trouble than it solved.”

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