SOLICITORS acting on behalf of (Craigavon Two) two men convicted of the murder of PSNI/RUC police officer Stephen Carroll have written to the Public Prosecution Service (PPS) after new details about the case were made public.
Brendan (Yandy) McConville (43) and John Paul (JP) Wootton (23) were convicted of killing the officer in Craigavon in March 2009. Both men have denied any part in the Continuity IRA (CIRA) attack that claimed the PSNI/RUC man’s life as he answered a 999 emergency call. It emerged this week, in a European Court judgement, that the gun used to kill Constable Carroll, pictured below, was discovered by police after a tip-off by a suspect, who was in custody at the time.
The suspect is referred to in court papers only as RE. The suspect was initially charged with withholding information about Mr Carroll’s murder but these charges were subsequently dropped in mid 2010. Brendan McConville’s solicitor Darragh Mackin, of KRW Law, has written to the PPS requesting notes taken during police interviews with RE and asking what happened to the charges levelled against him.
Details of the case emerged after RE took a case against the British government over concerns that the PSNI/RUC was carrying out surveillence of conversations between him and his solicitor.
The man was arrested and questioned three times in the weeks after the officer was killed. Court papers reveal that he was assesssed by a medical officer as a “vulnerable person” and therefore should not have been interviewed – unless in exceptional circumstances – in the absence of an appropriate adult. Court papers reveal that before being seen by a solicitor or appropriate adult the man asked to speak to investigating officers “off the record”. During the course of that interview he “gave information which led to the recovery of the gun used in the constable’s murder.”
His solicitors subsequently brought a separate case on his behalf to the European Court which this week found that secret surveillance carried out on solicitors and their clients is in breach of European Law. During the first two periods of detention his solicitor received assurances that consultations would not be subject to covert surveillance. During a third arrest the PSNI/RUC refused to give an assurance.
The court ruling found that the man’s Article Eight rights under the European Court of Human Rights had been violated.
Article Eight protects the right for private and family life, home and correspondence.
Nichola Harte, of Harte, Coyle, Collins Solicitors, who represented RE, said the ruling has wider implications. “The European Court criticised the inadequate procedures currently in place in the North of Ireland for the handling, use, storage and destruction of information obtained from covert surveillance of legal consultations,” she said. “The police arrangements were and continue to be a violation of the right to respect for private life. “This landmark European ruling has implications for all legal consultations in police stations if subjected to covert surveillance.”
With many thanks to: Connla Young, The Irish News. For the origional story.