Arrest fears may keep son of INLA chief Dominic McGlinchey from funeral of brother – BelfastTelegraph.co.uk
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.
TODAY we launch an appeal for much-needed funds for loyalist paramilitaries and Loyalist Communities Council (LCC).
After giving up their criminal campaign, 20 years after they last promised to give up their criminal campaign, the Re-home a Red Hand and Adopt a UDA Man (RRHAUDAM) appeals urgently need your help. For just £50,000 a year could give idle buggers like Sammy from the Shankill a community worker’s job.
It would help to pay for the three holidays a year and the top-of-the-range car which he and his family so badly need. In return, he’ll promise to enrich the culture of his community and lay off doing anyones’ knees. Obviously he’d still be good for a bit of blow (weed) but keep it to yourself. But the suddenly contrite paramilitaries aren’t looking for charity. They will be bringing important job skills to any cushy number they’re offered. They have maths skills from years of working out if Jonty has a kilo of weed how many half ounces can he knock out if he expects a 50 per cent mark up.
Or if a local businessman refuses to pay his £80-a-week protection money how many bricks will it take to do his windows. They have invaluable people skills, honed over decades of dealing with the local community – the bookies, the bar men, the travel agents, the car dealers, the wee girls in the off-licence. And all they want is the chance to give back to their community by getting the jobs few of them have ever bothered getting before. They long to experience life on minimum wage and a zero hours contract because who needs qualifications when you have an overwhelming sense of entitlement. Our appeal so far has raised £1 million from the Tony Blair’s an Angel Who’s Still Fixing the World Foundation.
It’s a tiny amount compared to the £26 million which was raised by the PIRA in their Northern Bank fundraiser but it was either that or cupcake sales for the next millennium. It’s vitally important that the paramilitaries are shown our love because otherwise they might just keep doing what they’ve always done for the last 20 years. There will be some strays from the path of peace, like Tyrone, South East Antrim, East Belfast and the UPRG who aren’t ready to leave the old ways behind. They will be humanely arrested for blatantly breaking the law, even though they’ve miraculously got away with a life of crime up to now. So please give what you can – support your local loyalist so he doesn’t have to.
With many thanks to: Roisin Gorman. http://email@example.com. Sunday World.
GARC announce mass mobilisation against British Political Policing in Ardoyne and Marrowbone 7.30pm Wednesday 14th October Ardoyne Avenue – Please do your very best to attend all are welcome.
While the Ardoyne Community prepares to mobilise against the intensification of RUC/PSNI harassment in the area as part of British directed Political Policing, the Shame Féin ‘Lord’ Mayor Arder Carson * was yesterday welcoming them to a facility in West Belfast’s Lenadoon area. Shame Féin showing its true double standards there for all to see.
YOU probably didn’t notice and there’s no reason why you should, but the same day that a certain loyalist blogger and serial self-publicist was giving evidence to Stormont’s Nama inquiry the Northern Ireland Office (NIO) snuck out its policy paper on implementing the Stormont House Agreement.
Needless to say it got it got virtually no coverage in the tidal wave of sensational allegations made about the alleged recipients of money from the Cerberus deal. If you’ve ever wondered why the Northern Ireland Office (NIO) decided to draft the Stormont House Agreement Bill 2015 and bring it through Westminister rather than allow the clowns in the big house on the hill to legislate, once you read the policy paper all becomes clear. Quite simply the British government intends to control the Historical Inquires Unit (HIU), on what information it can have and what it can reveal. Anyone who beleives that the Policing Board will hold the HIU accountable is living in cloud-cuckoo land. “The secretary of state will have oversight of the HIU regarding reserved and excepted matters.” The UK government will prevent disclosure of any material or information ‘likely to prejudice national security (including information from the intelligence services)’. None of this material can be published ‘without the consent of the secretary of state’. Now as we all know from past experience, ‘likely to prejudice national security’ is whatever our proconsul for the time being decides is national security. When you look at the policy paper you see it begins with a questionable statement and continues to ignore all suggestions and recommendations made by interested parties, nationalist political parties, NGOs like the Committee for the Administration of Justice and university academics. In short, it’s a classic NIO document. It begins with the unconvincing claim that ‘the institutions have the needs of the victims and their families are at their heart’. No. The needs of secrecy in the Ministry of Defence, the NIO and the Home Office are at their heart. It has never been any different in the secretive British state.
For example it was only in 2002 after Freedom of Information requests that details of Special Branch investigation into Charles Stewart Parnell and other Irish MPs were released and even then only in restricted fashion. The names of informers (touts) and amounts paid are still secret 125 years after the fact. Academics at QUB, Sinn Féin (Shame Fein) politicians and the CAJ among others recommended that former RUC and RUC Special Branch personnel be not employed in the HIU partly because they may have been complicit in collusion or cover up or both. The great merit of the Historical Enquiries Team was that its personnel were seconded from English forces and we all know why. However, ignoring all that, ‘the bill does not prohibit the HIU from recruiting persons who have previously served in policing or security roles in the North of Ireland.’
So the HIU won’t work and the NIO has made sure it won’t work because it will only investigate and publish what the NIO allows it to invstigate and publish. Then there’s the Independent Commission on Information Retrieval (ICIR). It’s modelled on the Independent Commission on the Location of Victims’ Remains (ICLVR) which has worked extremely well. However, the NIO policy paper goes out of its way to make clear that while information given to the ICIR is inadmissible in court, if that information is obtained or can be obtained by other means then prosecution may follow.
That puts the kibosh on the ICIR because given the record of the PSNI over the past four years, starting with the Boston College fiasco (all hearsay) and continuing with their apparent trawling after the killing of Kevin McGuigan with almost a score of people arrested and released, who is going to risk giving information to the ICIR to pass to families? Inevitably individuals in the PSNI/RUC would be working backwards from the material a family recieved. In mitigation it has to be said on the basis of evidence so far, that’s only likely in the case of prominent Sinn Féin figures. Buried in the policy paper is our proconsul’s admission that ‘on some detailed questions covered in the bill, there is not yet a clear consensus between the five main North of Ireland parties. Work will continue to build consensus on remaining points of difference.’ Yeah right.
With many thanks to: Brian Feeny, for the origional story, The Irish News.
THE trial date of a Derry man accused of offences relating to murder bids on security force members has been postponed after he suffered a heart attack in custody, a court has been told.
Christopher O’Kane (42), of Woodland Avenue in the city was due to stand trial next month on a total of 17 Provisional IRA-related offences, including an attempt to murder a senior RUC officer more than two decades ago. Barrister Andrew Moriaty, defending handed into court a report from a consultant cardiologist into O’Kane’s current medical condtition. He
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