SAOIRSE32

15/3/2005

IRA membership

BreakingNews.ie

Two charged with IRA membership

15/03/2005 - 20:41:53

Two Dublin men arrested as part of a Garda Special Branch investigation into dissident republicans were charged with membership, firearms and explosives offences at a special sitting of the Special Criminal Court in Dublin tonight.

Gareth Kelly (aged 23), of Wheatfield Ave, Clondalkin and Robert Humphreys (aged 44), of Elmdale Crescent, Ballyfermot were remanded in custody until Friday after a brief appearance at the court.

Kelly was charged with the unlawful possession of a .38 inch Colt revolver and six rounds of ammunition at his home yesterday and with membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on the same date.

Humphreys was charged with the unlawful possession of explosive substances – one improvised electrical detonator, two coils of electrical wire for detonating commercial explosives and two panel-mounted time delay relays at his home yesterday.

He was also charged with membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on the same date.

Detective Sergeant John Kearney, of the Special Detective Unit, gave evidence of arresting Kelly at his home on Monday on suspicion of membership of an unlawful organisation and on suspicion of possession of firearms.

Detective Sergeant Donal Prenty, of the SDU, gave evidence of arresting Humphreys at his home in Ballyfermot on suspicion of the unlawful possession of explosives and of membership of an unlawful organisation.

Detective Chief Superintendent Philip Kelly of the SDU told the court that he authorised the further detention of the two men for a further period of 24 hours.

He said that in Kelly’s case a firearm had gone for examination and the results were not to hand when he authorised the further detention.

He said that when he authorised the further detention of Humphreys he had been told by Detective Superintendent Diarmuid O’ Sullivan that the results of a technical examination of items found at Humphreys’ home were awaited.

Both men were remanded in custody until Friday when a bail application is expected to be made.

loyalists stone Assembly member

IOL

Assembly member pelted with stones at bonfire

15/03/2005 - 18:57:03

Loyalists stoned a Northern Ireland Assembly member at a bonfire site in Belfast, she revealed tonight.

Carmel Hanna, a nationalist SDLP MLA for the south of the city, was pelted as she arrived at the scene for a television interview on environmental concerns.

A shaken Mrs Hanna said: “I just heard the bricks hit the roof of my car, and one broke my wing mirror.

“There were heavy thuds and my car was the only thing that was hit. I had to drive out to get away.”

The attack happened at Shaw’s Bridge where loyalists have already begun gathering for the 11th night celebrations ahead of the annual July 12 bonfire celebrations.

Although Mrs Hanna stressed that she respected their right to mark a key date in the Protestant calendar, she added: “As a republic representative I should be allowed to have a view on it.

“We need health and safety regulations implemented just like there are for Halloween fireworks and there should be a time frame so that these sites are not polluted all year round.”

asbestos scare

Daily Ireland

Asbestos found in North’s schools

Education chiefs have moved to calm public fears after it emerged that 560 primary and secondary schools across the North of Ireland have been found to contain the potentially deadly building material asbestos.
The full extent of the contamination came to light after education chiefs launched a survey of all their facilities to ensure they met the strict Control of Asbestos at Work Regulations introduced in February 2003.
More than 200 educational facilities have still to be checked by specially-trained teams of inspectors.
This situation has led to fears that the number of schools found to contain asbestos could rise further in the months to come.
Hundreds of youngsters as young as four have been caught up in the asbestos scare, which has affected schools across the North’s five education board areas.
The banned building substance has been discovered in 422 primary schools, with 138 post-primary schools also affected. Of the schools that have yet to undergo safety checks, 191 cater for primary school children and 28 are post-primary.
Surveys have yet to be completed for the areas covered by the Belfast Education and Library Board and the Northeastern Education and Library Board.
While asbestos-containing materials in buildings do not always present a hazard to those who come into contact with them, bosses at the Department of Education have been taking no chances.
So far, they have set aside £8.3 million (€11.8 million) towards the cost of the survey and decontamination work.
A potentially deadly carcinogen, asbestos can cause several serious diseases in humans.
Symptoms of these medical conditions generally develop over a period of years following exposure to the substance.
Naomi Long, the Alliance Party education spokewoman, said there was no need for people to panic in light of the asbestos revelations.
She said, “It’s dangerous when it’s inhaled but just being in a room where asbestos is left undisturbed won’t do you harm at all.
“It’s in most buildings, and the problems only come when they are doing maintenance. People panic because they have heard all these horror stories in the past.”
However, the east Belfast assembly member warned education chiefs not to cut back on maintenance projects in a bid to cover the additional costs incurred through dealing with the asbestos crisis.
“There are certain things that have to be done in schools. The department needs to make sure that the budget is made available for schools to carry out required maintenance work.”
A spokesperson for the Department of Health said, “Asbestos only poses a risk to health if it is disturbed and fibres are released. Health and Safety Executive for Northern Ireland advice is that the regulations do not require asbestos materials to be removed unless they are in a dangerous condition.
“Where the materials are in sound condition, they may be left in place and managed appropriately.”

Rosemary Nelson - Statement on Human Rights

Daily Ireland

**Rosemary Nelson’s statement on Human Rights in Northern Ireland, September 29, 1998

In September 1998 Rosemary Nelson was invited to testify before the U.S. Congress, at the House International Relations Committee’s investigation into the human rights situation in Northern Ireland. The following statement was delivered to the International Operations and Human Rights Sub-committee on September 29, 1998:

A simple demand for justice

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I have been a solicitor in private practice in Northern Ireland for the past 12 years. My practice includes a mixture of several areas of law, including crime, matrimonial and personal injury cases. My clients are drawn from both sides of the community.
For the last ten years, I have been representing suspects detained for questioning about politically motivated offences. All of these clients have been arrested under emergency laws and held in specially designed holding centres. There are three such centres across Northern Ireland.
Since I began to represent such clients and especially since I became involved in a high-profile murder case, I have begun to experience difficulties with the RUC.
These difficulties have involved RUC officers questioning my professional integrity, making allegations that I am a member of a paramilitary group and, at their most serious, making threats against my personal safety, including death threats.
All of these remarks have been made to my clients in my absence because lawyers in Northern Ireland are routinely excluded from interviews with clients detained in the holding centres.
This behaviour on the part of RUC officers has worsened during the last two years and particularly since I began to represent the residents of the Garvaghy Road, who have objected to an Orange Order march passing through their area from Drumcree Church.
Last year, I was present on the Garvaghy Road when the parade was forced through. I had been present on the road for a number of days because I had instructions from my clients to apply for an emergency judicial review of any decision allowing the parade to pass through the area.
When the police began to move into the area in force in the early hours of July 5, I went to the police lines and identified myself as a lawyer representing the residents. I asked to speak to the officer in charge. At that point, I was physically assaulted by a number of RUC officers and subjected to sectarian verbal abuse. I sustained bruising to my arm and shoulder. The officers responsible were not wearing any identification numbers and, when I asked for their names, I was told to “fuck off”.
I complained about the assault and abuse but, to date, have obtained no satisfactory response from the RUC.
Since then, my clients have reported an increasing number of incidents when I have been abused by RUC officers, including several death threats against myself and members of my family. I have also received threatening telephone calls and letters.
Although I have tried to ignore these threats, inevitably I have had to take account of the possible consequences for my family and for my staff.
No lawyer in Northern Ireland can forget what happened to Patrick Finucane nor dismiss it from their minds. The allegations of official collusion in his murder are particularly disturbing and can only be resolved by an independent inquiry into his murder, as has been recommended by the UN special rapporteur [Param Cumaraswamy]. I would be grateful if the subcommittee could do all in its power to bring about such an inquiry, by communicating to the United Kingdom government its belief that an inquiry in this case would in fact be a boost to the peace process, as it has been in the Bloody Sunday case.
I have also complained about these threats, again without any satisfactory response. Although complaints against the RUC are supervised by the Independent Commission for Police Complaints, the complaints themselves are investigated by RUC officers. Recently, a senior police officer from England has been called in to investigate my complaints in view of the RUC’s apparent inability to handle my complaints impartially. This English police officer is interviewing witnesses himself and has decided not to rely on any assistance from the RUC.
I believe that one of the reasons that RUC officers have been able to indulge in such systematic abuse against me is that the conditions under which they interview clients detained under emergency laws allow them to operate without sufficient scrutiny. My access to my clients can be deferred for periods of up to 48 hours. I am never allowed to be present while my clients are interviewed. Interviews are now subject to silent video recording but are not yet being audio-recorded, although that is due to be introduced.
The UN special rapporteur has made a number of recommendations that would remedy this situation, which to date have not been implemented. I should be grateful if this subcommittee would lend their support to what he proposes.
Another reason why RUC officers abuse me in this way is because they are unable to distinguish me as a professional lawyer from the alleged crimes and causes of my clients. This tendency to identify me with my clients has led to accusations by RUC officers that I have been involved in paramilitary activity, which I deeply and bitterly resent.
The special rapporteur has recommended that RUC officers be sensitised to the important role played by defence lawyers in the criminal justice system. To date, this recommendation has not been implemented. I should be grateful if this subcommittee would ask the UK government what steps they intend to take to act on this recommendation.
I, like many others, was pleased to see the human rights provisions included in the recently signed [Good Friday] agreement. In particular, I was pleased that the agreement looked to the early removal of the emergency provisions legislation which has been in place in some shape or form since the inception of the state. The existence of this legislation has seriously undermined public confidence in the rule of law and led to numerous miscarriages of justice, some of which have involved my clients.
I was therefore very disappointed when, in the wake of the horrific Omagh bombing, new and draconian legislation was introduced which further erodes suspects’ due-process rights. For example, the legislation provides for the opinion of a senior RUC officer that someone is a member of a proscribed organisation to be accepted as evidence by the courts. I and many of my colleagues fear that, if these laws are used, they will lead to further miscarriages of justice. Although this legislation has already been passed, I hope that the subcommittee will express its concern to the British government that it will not be used.
I believe that my role as a lawyer in defending the rights of my clients is vital. The test of a new society in Northern Ireland will be the extent to which it can recognise and respect that role and enable me to discharge it without improper interference. I look forward to that day.
I thank Chairman [Chris] Smith and this honourable subcommittee for its continuing interest in these important matters for the future of my country.

McGuinness challenges Orde

Sinn Féin

Martin McGuinness challenges Orde over handling of McCartney investigation

Published: 15 March, 2005

Sinn Féin Chief Negotiator, Martin McGuinness, has challenged the PSNI Chief Constable to publicly explain the handling of the McCartney investigation by his detectives. Pointing to growing evidence that the PSNI are holding back on charging suspects in an attempt to damage Sinn Féin, Mr McGuinness said:

“Yesterday the PSNI turned away two key people in the McCartney murder investigation, a key witness and a key suspect. Their explanation that they are making arrangements to interview the suspect is astonishing. They have been raiding homes in Belfast looking for this man yet when he offers himself for interview they turn him away. Such a course of action is unprecedented.

“Add to this the failure of the PSNI to put together an identity parade despite having eyewitnesses willing to testify and despite knowing the identities of all those involved in the killing of Robert McCartney. Normal police practice would see an identity parade organised at the earliest time to ensure the greatest chance of positive identification. In this case, six weeks after the killing, there has been no identity parade.

“It is also clear that eyewitness testimony which identifies by name some of those involved in the attack on Robert McCartney has been ignored and that a decision has been made not to arrest and charge those already identified by the eyewitness as participants in the events surrounding Robert McCartney’s murder.

“Yesterday, in comments which were grossly misrepresented, I said that there are elements that are prepared to manipulate the McCartney case for political advantage. The PSNI is clearly involved in such manipulation. The PSNI’s approach is not about justice; it is about damaging Sinn Fein. The PSNI are not normally reluctant to charge people. In this case the opposite is happening. I publicly challenge Hugh Orde to explain the handling of this investigation and why charges have not been brought.” ENDS

SF man not contacted

BreakingNews.ie

SF man ‘not contacted for statement on McCartney murder’

15/03/2005 - 13:38:59

A former Sinn Féin councillor who was in the pub where the row that led to Robert McCartney’s murder broke out has claimed the police have made no effort to take a statement from him.

Sean Hayes said he gave his name and contact number to police officers on the night of the murder, as did everyone else in the pub.

He said police called to his home the following day and he said he was prepared to make a statement via a solicitor, but he had not been contacted in the six weeks since then.

Mr Hayes also claimed the PSNI had failed to secure the bar as a crime scene and merely asked people to leave after they had finished their drinks.

Yesterday, Sinn Féin MP Martin McGuinness accused the PSNI of failing to properly investigate the murder and of tailoring its inquiries to cause maximum damage to Sinn Féin.

Brendan Devine

BBC

Victim’s friend denying assault

A man stabbed and left for dead along with murder victim Robert McCartney has pleaded not guilty to charges relating to an assault two years ago.

Brendan Devine was stabbed during the fracas at Magennis’s bar on 30 January after which Mr McCartney was murdered.

Mr Devine, 34, of Mayfield Village, Glengormley, denies malicious wounding and grievous bodily harm.

He and another man were released on bail by Belfast Crown Court. A trial date has yet to be set.

Mr Devine’s co-accused Hugh Patrick McCormick, 41, of Stanfield Street, Belfast was jointly charged with wounding.

He faced an additional four other charges, including possessing a knife, all of which he denies.

Blogsome.com was down

**Don’t know about other Blogsome.com bloggers, but this blog was off the net for awhile yesterday and today. I just posted all of today’s stories. If there are any missing from yesterday, you can pick them up at one of the alternate sites. I do not know what the trouble was :(

McAteer stabbing in West Belfast

Belfast Telegraph

Stabbed mum was witness in knife killing

By Deborah McAleese
15 March 2005

The mother-of-four stabbed in her west Belfast home on Sunday night was a key witness in the horrific murder of a man in her house exactly five years ago, The Belfast Telegraph can reveal today.

Philomena McAteer is critically ill in hospital after she was stabbed several times in the chest at her Norglen Parade home on the fifth anniversary of the murder of Michael Callaghan, who was stabbed during a party.

Although nobody has been charged with Mr Callaghan’s death, Mrs McAteer and her husband Dessie were called last month as key witnesses at an inquest into the killing of the 39-year-old from Pollard Close in west Belfast.

However, the inquest had to be adjourned after they both failed to appear.

Sunday’s attack, in which one man was arrested at the scene, has brought back horrific memories for Mr Callaghan’s wife Phyllis, who is campaigning for the truth about his death.

Speaking to the Belfast Telegraph today, Mrs Callaghan said: “That house is the house of horrors - another stabbing in the same house exactly five years after Mickey was stabbed to death.

“Everything about Mickey’s death has just come flooding back to me. I can’t get my head around this.

“I want to know what happened to my husband, but I just hope it doesn’t take another death for the truth to come out.”

Mrs Callaghan added: “I don’t know how this latest attack will affect the inquiry into Mickey’s death. I hope it will bring the truth to light.”

When Mr and Mrs McAteer failed to appear at the inquest, Belfast Coroner David Hunter said he would use “all powers at his disposal” to ensure that they attended the next hearing.

He said Mrs McAteer would be held in contempt if she did not have a good enough reason for her failure to appear and ordered the police to step up their search for Mr McAteer, who could not be located.

Saville attacks inquiry rules

Belfast Telegraph

Saville blasts probe rules
Bill will make it hard to get at full truth of Pat Finucane death

By Brian Walker
15 March 2005

A blistering attack from Lord Saville of Newdigate on the UK’s proposed new rules for holding inquiries has cast severe doubts on the Government’s controversial plans for holding a restricted inquiry into the murder of Belfast solicitor Pat Finucane.

In one of two long letters to the Constitutional Affairs Minister Baroness Ashton, Lord Saville, who has yet to deliver his report on the Bloody Sunday inquiry, passes the damning verdict: “I am convinced that the new Bill will make it difficult to get at the whole truth about the death of Pat Finucane”.

He adds that he would “not be prepared to be a member of an inquiry, if at my back was a minister with power to exclude the public or to decide that evidence or documents should not be disclosed to the public.”

Lord Saville insists that the Finucane inquiry terms “give too much power to individual ministers … and could fall foul of Article 2 of the European Convention on Human Rights, requiring independent and speedy inquiry into death. This is missing from the provisions of the Bill”.

In a second letter rejecting the minister’s assurances, Lord Saville “holds to his view” and states that “it is for the inquiry panel … to determine restrictions”.

He warns the Government that a minister’s ability to intervene during the Finucane inquiry “would damage public confidence.”

The Inquiries Bill coming before the Commons today, having passed through the Lords last month, will pass into law without encountering much opposition from MPs.

But the sweeping condemnation of a Law Lord with unique experience of public inquiries and Northern Ireland is bound to make it difficult for any other judge to accept the post of Finucane inquiry chairman.

Lord Saville’s criticisms - already uniquely direct for an exchange of letters between a top judge and a minister - acquire additional force from the decision to place them in the House of Lord’s library, a move amounting to publication.

His attack is a powerful addition to the litany of criticism of the Finucane inquiry’s proposed scope and will boost the family’s attempts to win a fully open, public inquiry.

The retired Canadian judge Peter Cory, who recommended public inquires into all four NI collusion cases, said an independent probe into the Finucane case was ” impossible”.

Irish language

BreakingNews.ie

Commissioner calls for review of Irish language teaching

15/03/2005 - 08:57:00

The Irish Language Commissioner has reportedly called for a review of how Irish is taught in primary and secondary schools.

Reports this morning said Sean O’Cuirreain had advised that such a review was essential if the State was truly committed to promoting the Irish language.

The advice is contained in Mr O’Cuirreain’s first annual report as Irish Language Commissioner.

This morning’s reports said the document highlighted the fact that many pupils haven’t even attained basic fluency in Irish despite being taught the language for 13 years.

PSNI manipulation

Sinn Féin

PSNI accused of manipulating the McCartney investigation

Published: 14 March, 2005

Sinn Féin Chief Negotiator, Martin McGuinness, has said that there is growing evidence that the McCartney family’s campaign for justice is being exploited and manipulated by the PSNI to damage Sinn Féin.

Mr Mc Guinness said:

“Republicans have suspected that the PSNI is tailoring their investigation into the murder of Robert McCartney to cause maximum damage to Sinn Féin. Today’s revelations that the PSNI turned away a key witness and a key suspect adds further weight to this suspicion.

“In such a high profile murder investigation it beggars belief that the PSNI would reject the offer of an eyewitness statement from a key witness and the opportunity to interview a key suspect who they claim to have been searching for.

“But this is what has happened today. It is also clear that eyewitness testimony which identifies some of those involved in the attack on Robert McCartney has been ignored and that a decision has been made not to arrest and charge those identified by the eyewitness. The normal police practice of quickly putting suspects into an identity parade has not happened despite the fact that the PSNI know who was involved and has eyewitness evidence about this.

“This underlines the fact that politics rather than justice is driving the PSNI investigation. All those who have been vocal in support of the McCartney‚s need to put some searching questions to the PSNI.”ENDS

The Diary of Bobby Sands

Larkspirit

**Bobby’s diary - 15th day

Sunday 15th

Frank has now joined me on the hunger-strike. I saw the boys at Mass today which I enjoyed. Fr Toner said Mass.

Again it was a pretty boring day. I had a bit of trouble to get slopped out tonight and to get water.

I have a visit tomorrow and it will be good to see my family. I am also looking forward to the walk in the fresh air, it will tire me out, but I hope the weather is good. I must go.

Republican Sinn Féin

IRISH REPUBLICAN INFORMATION SERVICE (no. 8)

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Teach Dáithí Ó Conaill, 223 Parnell Street, Dublin 1, Ireland

Phone: +353-1-872 9747; FAX: +353-1-872 9757; e-mail: saoirse@iol.ie

Date: Márta / March 14, 2005

Internet resources maintained by SAOIRSE-Irish Freedom

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In this issue:

New control order legislation, under the PTA, passed in Britain
Provisional thuggery in Strabane
£30m for 1,800 unsolved murders — RFJ unimpressed
Britain refuses to hold public Finucane inquiry
Ombudsman investigates shooting by RUC in 2003
Deaths of British army recruits subject of investigation
£8bn to be spent on nuclear reactors in Britain
Man who refused to pay TV licence for 21 years is jailed
Free State Easter commemorations ‘exercise in political one-upmanship’
EU states could go to war, says NATO head
US should leave Iraq, says soldier

1. NEW CONTROL ORDER LEGISLATION, UNDER THE PTA, PASSED IN BRITAIN

NEW legislation, under the Prevention of Terrorism Bill, was eventually agreed on in the British parliament on March 11, 2005 after days of wrangling between the Commons and the House of Lords over the wording of the bill.

The new laws, which come into effect on Monday March 14, allows for controlled house arrest – indefinite detention without trial, electronic tagging, and the removal of several basic human rights such as freedom of movement, speech and association from individuals. The removal of these rights will be based on secret intelligence hearings from which the ‘suspect’ is excluded – the ‘suspect’ is not allowed to see the evidence against him/her.

Control orders prevent the individual from making mobile phone calls, and prevents them from making arrangements to meet friends outside their accommodation without prior permission from the Home Office. They are not allowed to make any arrangements. Friends and relatives who wish to visit them also have to have clearance from the Home Office. Home Office officials can enter and search the ‘suspect’s’ accommodation at any time.

Control orders are to be signed by a judge only except in case of an ‘urgency’ when they can be signed by the Home Secretary. In fact, it was it was the Home Secretary who signed the first 10 orders under the ‘urgency’ clause. Of course the standard of proof to implement a control order is based on “reasonable grounds” that a suspect may be planning a terrorist attack and not on ‘the balance of probability’ that they were.

Tony Blair is truly Maggie in trousers. He must be the most Tory Labour man in history. Anyone who opposes him on this will be accused of being ‘soft on terrorism’.

Now that the news legislation is law in Britain it is also possible they will apply in the Occupied Six Counties. Paul Murphy, Secretary of State in the Six Counties, actively supported the Bill so it is likely he will ‘import’ them into the Occupied Six Counties.

Meanwhile the ‘controlled’ release arrangements of eight ‘terror suspects’, who have been in Belmarsh prison for three years without trial, has been described as “chaotic” by a senior police officer. No proper arrangement have been put in place for the men, one of whom, released on Saturday last, was not supplied with either money or food and two were homeless.

In another case police officers transferring one of the released men had to break into the ‘secure’ flat because they did not have proper keys. A 24-hour hotline that was supposed to have been installed was not working either. The man ended up in a psychiatric unit of a London Hospital because it was deemed ‘unsafe’ to leave him on his own in the flat (another also ended up there). Yet another released suspect is in Colnbrook detention centre near Heathrow Airport.

All eight men ‘have been fitted, by the private company Premier, with special electronic tags, resembling oversized wrist watches, which restrict their movements to a specific geographic area around their accommodation between 7pm and 7am’. The men had no prior notice of their release and were just told to ‘pack up’.

Gareth Peirce, a well known human rights lawyer who is acting for most of the men, said on Saturday that the whole process, “had been a sham from start to finish. They appear to be making it up as they go along. It is a state of complete and utter confusion and it is terrifying for the individuals concerned”.

2. PROVISIONAL THUGGERY IN STRABANE

ON March 4 last an Irish night was held in Sigerson’s GAA Club in Strabane, Co. Tyrone. During the function several people were ejected by the Provisionals, despite the fact that none of them was causing any trouble.

A number of people (who had nothing to do with organising the function) came around the tables with lottery tickets – the proceeds of which were said to be going to Provisional prisoners. When those sitting at one table (including a former H-Block hunger striker) said they were not interested, they were told that this would be their “last time in the Club”.

Meanwhile another person, seeing that tickets were being sold, went around with sponsorship cards for a head shave on St. Patrick’s Night in aid of CABHAIR (Irish Republican Prisoners Dependants Fund). He was approached by a man and told to “put [these] in [his] pocket or get out”.

When asked under what authority this was being said, he was told that it was on behalf of the management of the Club, and so he complied. However he was still forced to leave, and the person issuing the threat added that he represented the Provisionals’ military body in Strabane. Others in the Provo’s company also became aggressive.

This represents a clear abuse of power by the Provisionals. Furthermore it must be asked whether Cumann Lúthchleas Gael is to allow itself to be used in such a blatantly partisan manner.

3. £30M FOR 1,800 UNSOLVED MURDERS — RFJ UNIMPRESSED

THE announcement that 100 RUC/PSNI members are to reinvestigate a large number of unsolved murders, which took place during the Troubles, has been greeted with scepticism by campaigners for victims killed as a result of collusion.

British Secretary of State Paul Murphy announced the initiative on Tuesday, March 8 along with news that £30 million would be allocated to fund the work of the investigation.

A spokesperson for the campaigning victims’ group Relatives For Justice (RFJ) said that the announcement would not receive support from the families affected by British state violence and collusion with death squads.

“It is evident,” said RFJ’s Andree Murphy, “that the British government is seeking to create a mechanism that is not independent, which it controls and which safeguards its own interests by preventing proper independent examination of the role of its forces and agents during the conflict.

“Further evidence of this emerged last week when Paul Murphy shelved the consultation into dealing with the past, thereby undermining the views of victims to bring about an independent truth recovery process and have a voice in determining the way forward.”

But Andree Murphy believes that the proposed arrangements lack the investigative independence required to gain the confidence of the families RFJ represents.

“Any process that examines the past must be independent, transparent, accountable, and have public confidence and support. Clearly, this announcement does not constitute the criteria acceptable to hundreds of families affected by state and state sponsored violence.

“Further, it does not fulfil the internationally accepted protocols associated with examining the past as part of a conflict resolution process. These are based on the simple principle that to honestly examine the past one must not be implicated in any actions being examined or hold a vested interest in the final outcome.

“Of course, everyone knows and accepts that the PSNI/RUC were involved and have an interest in the outcome. Officers involved in past abuses, particularly in Special Branch, simply transferred from the RUC into the PSNI and will ultimately have the final say in any internal process of investigation. This is unacceptable.”

The new unit will be under the direction and control of the head of the RUC/PSNI, Hugh Orde, and will look at some 1800 unsolved murders from 1969 to the signing of the Agreement.

“The Chief Constable could not provide assurances that state killings will be investigated properly this time round. Nor can he assure us that none of the officers in the Serious Crime Review Team have been party to or directly involved in any of the killings in question or their cover-ups,” added Andree Murphy.

Speaking after the announcement, Kathleen Duffy, mother of Séamus Duffy (15), who was killed by a plastic
bullet fired by an RUC man at close range in the New Lodge, said that she will have no faith in the initiative if the PSNI are involved.

“I feel the same way as after Séamus was killed – it is like the RUC investigating themselves. They have never done anything to give confidence in them. The only way that I’ll get justice is if the person who killed him stands up and admits that they did it.”

Kathleen believes that the investigators need to be drawn from bodies independent of the PSNI. “I would have more confidence if someone from a neutral jurisdiction investigated it, a fair-minded person who could treat the evidence of the case with an open mind.”

4. BRITAIN REFUSES TO HOLD PUBLIC FINUCANE INQUIRY

BRITAIN has refused to make any concessions to the Dublin government over plans to hold an inquiry in private into the killing of Belfast solicitor Pat Finucane. This emerged following a meeting between officials on March 11.

The legislation under which the British will hold the inquiry gives British ministers the power to order an inquiry to hear evidence in private, and to bar the production of some evidence altogether to protect so-called British national security.

26-County officials sought concessions on the shape of the Inquiries Bill, which has already been passed by the British House of Lords and will go before the British House of Commons on Tuesday, March 15.

In particular the Dublin government wants an inquiry into the 1989 murder of Pat Finucane by a British backed Loyalist death squad to be held under the 1921 Tribunals of Inquiry Act, which would allow for hearings in public. Failing that they wanted a change to clause 20 of the Inquiries Bill so that British ministers would not restrict such an inquiry.

The proposed British legislation has already been sharply criticised by Lord Saville who chaired the recent Bloody Sunday Inquiry.

Last week he said: “I would not be prepared to be a member of an inquiry if at my back was a minister with power to exclude the public or evidence from the hearings.”

The judge’s concerns are shared by the British Lord Chief Justice, Lord Woolf, and other British legal figures said: “I take the view that this provision makes a serious inroad into the independence of any inquiry.

“It is likely to damage or destroy public confidence in the inquiry and its findings, especially in any case where the conduct of the authorities may be in question.”

“The inquiry itself should have the power to decide what evidence was heard in public and what documents were published. The idea that this would not be done by the inquiry but by the government, which might have a vested interest in the findings, strikes me as unacceptable”.

5. OMBUDSMAN INVESTIGATES SHOOTING BY RUC IN 2003

NEIL McConville was 22 years old when he was shot dead by the RUC in April 2003. He was shot while driving a car near Lisburn when it was rammed by the RUC. His passenger was wounded in the shooting and survived. It has since emerged that a joint RUC/British Army covert surveillance operation was in place on the two men. No one has been charged with the killing and the family of Neil McConville says that they want answers. The Ombudsman’s office is investigating the circumstances surrounding the killing but the family is requesting a meeting with the Free State Minister of Foreign Affairs, Dermot Aherne, to request his assistance in finding out the truth.

6. DEATHS OF BRITISH ARMY RECRUITS SUBJECT OF INVESTIGATION

THE Parliamentary Defence Select Committee report into the deaths of four young recruits at the Deepcut British army barracks in Surry accused the British Army of a cover-up and obstruction of the resulting investigation. Four young recruits have died in Deepcut over the past seven years. Others have died in Catterick in Yorkshire.

This should come as no surprise to anyone living in Ireland, especially in the Occupied Six Counties. Cover-ups and brutality and abuse are part and parcel of the regime in the Six Counties and it is not confined to the British Army. The RUC and the British Government are just as culpable. Perhaps when the cover-up happens closer to home, and the individuals who died were British subjects, the situation is looked at differently.

7. £8bn TO BE SPENT ON NUCLEAR REACTORS IN BRITAIN

THE British government has indicated that, after the elections, nuclear will be back on the agenda. It will publish a White Paper that is expected to propose the construction of new nuclear reactors to replace those now being taken out of service. “Leading nuclear construction companies including French nuclear giant Areva, UK construction company Amec and Westinghouse, the US arm of BNFL, are already looking for potential partners ahead of any government move,” according to Tim Webb and Clayton Hirst.

8. MAN WHO REFUSED TO PAY TV LICENCE FOR 21 YEARS IS JAILED

A MAN who has refused to pay his television licence for 21 years was jailed on March 4 after refusing to pay a €200 fine for not having a licence.

Richard Behal, who lives in Killarney, stood as a Republican Sinn Féin candidate in the 1984 European elections in Munster.

Because of the 26-County State’s Section 31 of the Broadcasting Act, which was then in force, RTE did not include a live interview with him on an election programme. All other eight candidates appeared live on the programme.

Richard Behal, who is no longer a member of any political organisation, describing himself as an “independent Republican”, claims he was disadvantaged by not appearing live on the programme and has since refused to pay his television licence fee.

He has been involved in a number of court cases on the issue. In July 2003 he failed in an appeal to the Circuit Court against a District Court for not paying his licence fee. Richard Behal argued that he was entitled to withhold his licence fee on account of his treatment under Section 31.

Speaking from his home in Killarney, Co Kerry, shortly before being taken to Cork Prison on March 4, Richard Behal said he was prepared to spend up to 15 nights in prison rather than pay “one cent” of the fine.

He also asked family and friends not to pay the fine, saying the issue was “a matter of deep principle” for him.

9. FREE STATE EASTER COMMEMORATIONS ‘EXERCISE IN POLITICAL ONE-UPMANSHIP’

THE coming together of Fianna Fáil and Fine Gael politicians in County Clare to commemorate the Easter Rising has been described as “grotesque and hypocritical” by Republican Sinn Féin spokesperson John O’Mahony of Kilrush, Co Clare.

He said on March 14 that the joint commemoration by the Civil War parties planned for Kilrush on Easter Sunday nothing more than an exercise in political one-upmanship in an attempt to appeal to the electorate.

“This type of jumping on the bandwagon activity only gives a bad name to politicians and politics,” he said. “It is an example of the unprincipled lengths politicians will go to curry favour with the people.

“The fact is both Fianna Fáil and Fine Gael have turned their backs on the men of 1916 and have done all in their power to erase the memory of the heroic figures from the Rising.

“Not only that, both these parties have executed Republicans in Clare – that is their history and their legacy and these politicians should not be allowed to forget it.

“We will be holding a commemoration on Easter Sunday to remember not only the men of 1916 but all the Clare Republicans who were murdered by Crown Forces and by the Free State.

“This joint exercise by Fianna Fáil and Fine Gael in Kilrush must be exposed for what it is an attempt by these parties to erase their roles in executing Republicans who fought and died for the All Ireland Republic.”

10. EU STATES COULD GO TO WAR, SAYS NATO HEAD

NATO’s secretary-general has suggested that the EU’s new battle groups could be used to go to war. Jaap de Hoop Scheffer told the Spanish newspaper El Pais he did not accept a claim by EU foreign policy chief Javier Solana that the EU would never go to war.

“I don’t believe that’s true. Why is the EU creating battle groups? It is not just to help rebuild a country. The battle groups are not for building schools,” he said.

The NATO chief’s comments also contradict claims made by the Vice President of the EU Commission, Margot Walstrom, who during a visit to Dublin on March 10, claimed that the EU constitution did not clear the way for the formation of a European army.

EU member states agreed last year to set up 13 so-called battle groups, military units up to 1,500 strong that could be deployed quickly both within the EU and internationally.

Despite claims by EU officials that the battle groups would be used to help stabilise conflict areas and to protect humanitarian missions, Jaap de Hoop Scheffer said that once these units are operational they could amore robust mandate.

“It may be that to keep the peace combat is necessary. If the EU creates battle groups and NATO a rapid-reaction force, I would say we shouldn’t think the EU is for soft power and NATO for tough power,” he said.

Most EU states have agreed to take part in the proposed battle groups, whilst the Dublin government has said it will amend legislation so as to allow the 26-County State’s participation.

11. US SHOULD LEAVE IRAQ, SAYS SOLDIER

A US soldier who recently returned from Iraq joined protesters in Dublin on March 11 to try to help mobilise a fresh anti-war campaign.

Kelly Dougherty, who spent eight years in the Colorado National Guard, said the longer she spent in Iraq the more convinced she became that American troops should be withdrawn.

“It seemed like many of the things we were doing were either counterproductive to bringing peace and stability or an obstacle to progress”.

“For nine out of ten months in Iraq, our military unit did not have a translator. Communications were restricted to pantomimes and a lot of misunderstandings arose from that”.

“People were getting shot, or arrested. Their houses were getting searched and their property confiscated when we didn’t really know what was going on,” Kelly Dougherty, a biology graduate with Irish roots, who enlisted as a medic, added.

“Before the war started, I was opposed to it but I had an obligation with the military to serve. What I saw there turned me even more against the war”.

One of her duties, she said, was to escort convoys of fuel trucks. When these broke down and could not be repaired, “we would have to destroy the vehicle, even though it had fuel or food or equipment in it. That caused a lot of confusion and frustration among Iraqis because they did not have any of these things and we were destroying them in front of them”.

Kelly Dougherty said morale among her fellow soldiers fluctuated during her tour between April 2003 and February 2004.

While in Dublin, Kelly Dougherty met activists who are organising a rally in Dublin on March 19 as part of an international day of protest against the war in Iraq. She also expressed her support for the five protesters facing trial before the Dublin Circuit Criminal Court for damaging a US warplane in Shannon.

She rejected claims that conditions had improved in Iraq since the recent elections. “The responsible and right thing to do is to withdraw our troops and funnel all that money which is keeping our there to the Iraqi people,” Kelly Dougherty said.

ENDS

Francis Hughes joins Bobby on hunger strike

Larkspirit

Francis Hughes

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Joined the Hunger Strike 15 March 1981
Died May 12th, 1981

A determined and totally fearless soldier

THE SECOND republican to join the H-Block hunger-strike for political status - a fortnight after Bobby Sands - was twenty-five-year-old Francis Hughes, from Bellaghy in South Derry: a determined, committed and totally fearless IRA Volunteer who organised a spectacularly successful series of military operations before his capture, and was once described by the RUC as their ‘most wanted man’ in the North.

Eluding for several years the relentless efforts of the British army, UDR and RUC to track him down, Francis operated boldly throughout parts of Tyrone and north and south Antrim, but particularly in his native South Derry, with a combination of brilliant organisation and extreme daring - until his capture after a shoot-out with the SAS - which earned him widespread popular renown, and won general support for the republican cause, as well as giving him an undisputed reputation as a natural-born soldier and leader.

ROOTED

Francis Hughes was born on February 28th, 1956, the youngest son amongst ten children, into a staunchly republican family which has been solidly rooted, for most of this century, in the townland of Tamlaghtduff, or Scribe Road, as it is otherwise called.

His parents who married in 1939, are Patrick Joseph Hughes, aged 72, a retired small cattle farmer born in the neighbouring town land of Ballymacpeake, and Margaret, aged 68, whose maiden name is McElwee, and who was born in Tamlaghtduff.

A quarter-of-a-mile away from the Hughes’ bungalow, on the other side of the Scribe Road is the home of Thomas and Benedict McElwee - first cousins of Francis. Benedict is currently serving a sentence in the H-Blocks. Thomas - the eldest - embarked on hunger strike on June 8th, and died sixty-two days later on August 8th.

In Tamlaghtduff, as throughout the rest of Bellaghy, sympathy as well as active support for the republican cause runs at a very high level, a fact testified to by the approximately twenty prisoners-of-war from around Bellaghy alone.

Francis was an extremely popular person, both to his family and to his republican colleagues and supporters.

His father recalls that as a boy he was always whistling, joking and singing: a trait which he carried over into his arduous and perilous days as a republican, when he was able to transmit his enthusiasm and optimism both to Volunteers under his command and to Sympathisers who offered them - at great personal risk, food and shelter

It was qualities like these, of uncomplaining tirelessness, of consideration for the morale of those around him, and his ruling wish to lead by example, that have made Francis Hughes one of the most outstanding Irish revolutionary soldiers this war has produced and a man who was enormously respected in his native countryside.

BOY

As a boy, Francis went first to St. Mary’s primary school in Bellaghy, and from there to Clady intermediate school three miles away.

He enjoyed school and was a fairly good student whose favourite subjects were history and woodwork. He was not particularly interested in sport, but was very much a lively, outdoor person, who enjoyed messing around on bikes, and later on, in cars.

He enjoyed dancing and regularly went to ceilidh as a young man, even while ‘on the run’, although after ‘wanted’ posters of him appeared his opportunities became less frequent.

His parents recall that Francis was always extremely helpful around the house, and that he was a “good tractor man”.

DECORATOR

Leaving school at sixteen, Francis got a job with his sister Vera’s husband, as an apprentice painter and decorator, completing his apprenticeship shortly before ‘going on the run’.

In later days, Francis would often do a spot of decorating for the people whose house he was staying in

On one occasion, shortly after the ‘wanted’ posters of him had been posted up all over South Derry, Francis was painting window frames at the front of the house he was staying in when two jeep-loads of British soldiers drove past. While the other occupants of the house froze in apprehension, Francis waved and smiled at the curious Brits as they passed by, and continued painting.

It was such utter fearlessness, and the ability to brazen his way through, that saved him time and time again during his relatively long career as an active service Volunteer.

On one such occasion, when stopped along with two other Volunteers as they crossed a field, Francis told a Brit patrol that they didn’t feel safe walking the roads, as the IRA were so active in the area. The Brits allowed the trio to walk on, but after a few yards Francis ran back to the enemy patrol to scrounge a cigarette and a match from one of the British soldiers.

A turning point for Francis, in terms of his personal involvement in the struggle, occurred at the age of seventeen, when he and a friend were stopped by British soldiers at Ardboe, in County Tyrone, as they returned from a dance one night.

The pair were taken out of their car and so badly kicked that Francis was bed-ridden for several days. Rejecting advice to make a complaint to the RUC, Francis said it would be a waste of time, but pledged instead to get even with those who had done it, “or with their friends.”

Notwithstanding such a bitter personal experience of British thuggery, and the mental and physical scars it left, Francis’ subsequent involvement in the Irish Republican Army was not based on a motive of revenge but on a clear and abiding belief in his country’s right to national freedom.

INVOLVEMENT

During the early part of ‘the troubles’, the ‘Officials’ were relatively strong in the South Derry area and Francis’ first involvement was with them.

However, disillusioned, as were many others, with the ‘Sticks’ unilateral ceasefire in 1972, he left to set up and command an ‘independent’ military unit in the Bellaghy area. About the end of 1973 the entire unit - including Francis - was formally recruited into the IRA.

Francis’ involvement brought him increasingly to the attention of the British army and RUC and he was regularly held for a few hours in Magherafelt barracks and stopped on the road by British patrols; and on one occasion he was held for two days at Ballykelly camp.

As the 1975 IRA/British army truce came to an end Francis, fearing his imminent arrest, went ‘on the run’. From that time on, he led a life perpetually on the move, often moving on foot up to twenty miles during one night then sleeping during the day - either in fields and ditches or in safe houses; a soldierly sight in his black beret and combat uniform, and openly carrying his rifle, a handgun and several grenades as well as food rations.

The enemy reacted with up to fifty early morning raids on Francis’ home, and raids on the homes of those suspected of harbouring him. Often, houses would be staked out for days on end in the hope of capturing Francis. Often, it was only his sheer nerve and courage which saved him. One night, Francis was followed to a ’safe house’ and looked out to see the Brits surrounding the place and closing in. Without hesitating, the uniformed Francis stepped outside the door, clutching his rifle, and in the darkness crept gradually through their lines, occasionally mumbling a few short words to British soldiers he passed, who, on seeing the shadowy uniformed figure, mistook him for one of themselves.

On numerous occasions, Francis and his comrades were stopped at checkpoints along the country roads while moving weapons from one locality to another but always calmly talked their way through. Once, a UDR soldier actually recognised Francis and his fellow Volunteers in a car but, fully aware that Francis would not be taken without a shoot-out, he waved their car on.

ACTIVE

The years before Francis’ capture were extremely active ones in the South Derry and surrounding areas with the commercial centres of towns and villages like Bellaghy, Maghera, Toome, Magherafelt and Castledawson being blitzed by car bombs on several occasions, and numerous shooting attacks being carried out as well.

Among the Volunteers under his command Francis had a reputation of being a strict disciplinarian and perfectionist who could not tolerate people taking their republican duties less seriously, and selflessly, than was necessary. He also, however, inspired fellow Volunteers by his example and by always being in the thick of things, and he thrived on pressure.

During one night-time operation, a weapon was missing and Francis gave away his own weapon to another Volunteer, taking only a torch himself which he used to its maximum effect by shining it at an oncoming enemy vehicle, which had its headlights off, to enable the other Volunteers to direct their fire.

Francis’ good-humoured audacity also showed itself in his republican activity. At the height of his ‘notoriety’ he would set up road-blocks, hoping to lure the Brits into an ambush (which by hard experience they learned to avoid), or he would ring up the Brits and give them his whereabouts!

Such joking, however, did not extend only to the enemy. One day, lying out in the fields, he spied one of his uncles cycling down a country road. Taking careful aim with his rifle he shot away the bike’s rear wheel. His uncle ran alarmed, into a nearby house shouting that loyalists had just tried to assassinate him!

BATTLE

The determination of the British army and RUC to capture Francis Hughes came to a head in April 1977. In that month, on Good Friday, a car containing three IRA Volunteers was overtaken and flagged down on the Moneymore Road at Dunronan, in County Derry, by a carload of RUC men.

The Volunteers attempted to make a U-turn but their car got stuck in a ditch as the armed RUC men approached. Jumping from the car, the Volunteers opened fire, killing two RUC men and injuring another before driving off. A hundred yards further up the road a second gun battle ensued but the Volunteers escaped safely.

Subsequently, the RUC issued a ‘wanted’ poster of Francis Hughes and two fellow republicans, Dominic McGlinchey and Ian Milne, in which Francis was named as the ‘most wanted man’ in the North.

When his eventual capture came, it was just as he had always said it would be: “I’ll get a few of them before they get me.”

STAKE-OUT

At 8.00 p.m. on March 16th, 1978, two SAS soldiers took up a stake-out position opposite a farm, on the south side of the Ronaghan road, about two miles west of Maghera, in the townland of Ballyknock.

At 9.15 p.m. they saw two men in military uniform and carrying rifles, walking in single file along the hedgeline of the field towards them. Using their ‘night sights’ in the darkness, the SAS men observed the military behaviour of the two on-comers and having challenged them, heard the men mumble a few words to each other in Irish accents and assumed that the pair were UDR soldiers.

One of the pair, in fact, was Francis Hughes, the other a fellow Volunteer, and with only a second’s hesitation both Volunteers cocked their rifles and opened fire. One SAS man fell fatally wounded but the other - though shot in the stomach - managed to fire a long burst from his sterling sub-machine gun at the retreating figures, and to make radio contact with his base.

Within three minutes, nearby Brit patrols were on the scene and the area was entirely sealed off. The following morning hundreds of Brits took part in a massive search operation.

Fifteen hours after the shooting, at around 12.15 p.m. the next day, they found Francis Hughes sitting in the middle of a gorse bush in a field three hundred yards away, bleeding profusely from a bullet wound which had shattered his left thigh. As he was taken away on a stretcher he yelled defiantly, through his considerable pain: “Up the Provies”.

His comrade, though also wounded, slightly, managed to evade the dragnet and to escape.

SURVIVED

How he survived the night of the shooting, possibly the coldest night of that year, bears eloquent testimony to Francis’ grim determination to evade capture. After being shot, he dragged himself - unable to walk - across the Ronaghan road and across two fields without a sound, before burying himself in a thick clump of gorse bushes.

At one point, en-route, Francis fell down a sharp drop between fields, and his left leg - the muscle and bone completely disintegrated - came up over his shoulder; but Francis worked it carefully down before continuing to crawl on his way. In his hiding place, he lay through the night, motionless and soundless, till his capture.

When he was found, unable to move through the cold, pain and stiffness, Francis, knowing that both Brits and RUC were on instructions to shoot him on sight, gave his name as Eamonn Laverty and his address as Letterkenny, County Donegal.

Francis was taken to Magherafelt hospital and from there to Musgrave Park military hospital in Belfast, and it was only then that his true identity was revealed. He spent ten months in Musgrave Park where his leg was operated on, reducing his thigh bone by an inch-and-a-half and leaving him dependent on a crutch to walk.

CASTLEREAGH

On Wednesday, January 24th, 1979, Francis was taken from Musgrave Park hospital to Castlereagh interrogation centre where he spent six days before being charged on January 29th. For more than four days Francis refused food and drink, fearing that it might have been drugged to make him talk.

His behaviour in Castlereagh was typical of the fiercely determined and courageous republican Volunteer that he was. His frustrated interrogators later described him as “totally uncooperative”.

Nevertheless, at his trial in Belfast in February 1980, after a year on remand in Crumlin Road jail, Francis was found ‘guilty’ on all charges.

He received a life sentence for killing the SAS soldier, and fourteen years for attempting to kill the other SAS man. He also received fifty-five years on three other charges.

H-BLOCK

In the H-Blocks, Francis immediately went on the protest for political status and, despite the severe disability of his wounded leg, displayed the same courage and determination that had been his hallmark before his capture.

And, just as always wanting to be in the thick of things and wanting to shoulder responsibility for other political prisoners as he had earlier looked after the morale of fellow Volunteers, Francis was one of those to volunteer for the hunger strike which began on October 27th, 1980. He was not one of the first seven hunger strikers selected but was among the thirty men who joined the hunger strike in its closing stages as Sean McKenna’s condition became critical.

That utter selflessness and courage came to its tragic conclusion on Tuesday, May 12th, when Francis died at 5.43 p.m. after fifty-nine days on hunger strike.

Published in IRIS, Vol. 1, No. 2, November 1981. IRIS was a publication of the Sinn Fein Foreign Affairs Bureau.






















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