Sunday Business Post
Anger at McDowell inaction on Garda Fallon killing
03 April 2005
By Liz Walsh
The family of a garda shot dead in Dublin in 1970 has accused Minister for Justice Michael McDowell of having double standards over his refusal to hold an inquiry into the killing.
The comments from the family of Garda Richard Fallon come after the minister’s announcement of an inquiry into the IRA killing of two RUC officers in 1989, which happened outside the state.
Finian Fallon, youngest son of Garda Fallon, expressed “profound disappointment’‘ at the minister’s decision. He said the killing of RUC officers Robert Buchanan and Harry Breen in south Armagh “appeared to reflect badly on Sinn Féin/IRA’‘, while aspects of his father’s death “may reflect badly on the Irish government’‘.
The Sunday Business Post can reveal that newly uncovered Department of Justice files suggest that illegal arms consignments linked to the murder of Fallon were smuggled into the country with the knowledge of some senior Fianna Fáil figures at that time.
However, at a recent meeting between McDowell, Garda Commissioner Noel Conroy and Finian Fallon, the justice minister ruled out a tribunal of inquiry primarily on cost grounds.
“Yet again, I am profoundly disappointed that I and my family should have to scratch around to get some sort of inquiry into my father’s murder and yet an incident which is outside the jurisdiction should receive this attention,” said Fallon, a former PD candidate.
At the meeting, McDowell divulged information that strengthened the Fallon family’s belief that the gun that killed their father was part of an illegal consignment smuggled into the country in the knowledge of senior Fianna Fáil figures.
Richard Fallon was shot dead during a bank robbery at Arran Quay carried out by Saor Eire, a republican splinter group, in 1970.
According to notes of the meeting, McDowell accepted that allegations of state involvement in Saor Eire’s gun running operation “was not an impossible theory’‘.
Jock Haughey, the late brother of former taoiseach Charles Haughey, was specifically mentioned. Assistant Garda Commissioner Tony Hickey and senior Department of Justice officials were present at the meeting, along with human rights lawyer Michael Finucane, who was representing the dead garda’s family.
The minister said he had come across a note made by Peter Berry, former secretary of the Department of Justice, which had been missed in an earlier departmental trawl of the files.
This reference mentioned “small consignments’‘ of arms which had entered the jurisdiction “without custom checks’‘.
These importations, it was said in the note, were timed for particular customs officers to be on duty who would expedite the importations.
It was also stated in this note that Jock Haughey and a former top Fianna Fáil politician were aware of these importations.
The minister said this note was cross-referenced to a note on the cover of a manila file by Des O’Malley, Minister for Justice in 1972, which mentioned importations through Dun Laoghaire.
McDowell added that no one would be happier than him to see the record put straight in relation to a “particular individual’‘.
Hickey read extracts from a letter dated “9/11/71′‘ from Tony McMahon, then a senior garda, stating that a consignment of weapons had been stolen from the Parker Hale munitions factory in Birmingham.
The theft consisted of 25 9mm Star pistols and 10 .22 Star pistols, the type of guns used in the killing of Fallon.
The letter went on to say that when Saor Eireman Martin Casey was killed while carrying a bomb, a 9mm Star pistol was found on him.
Casey was also involved in the arms and ammunition theft from the Birmingham factory.
The go-between in the operation was a notorious Dublin criminal, whose name was also mentioned at the meeting.
The Fallon family maintain that the state had ample warning that illegal arms consignments were coming into the country, but that little was done until their father was killed.