SAOIRSE32

Telegraph

Prisoners’ right to vote appeal goes to Europe

(Filed: 27/04/2005)

The Government is appealing against a European ruling that prisoners should have the right to vote.

Britain is breaching human rights law by barring prisoners from casting their ballot, the European Court of Human Rights in Strasbourg says.

The Government was forced to pay out £8,000 in costs and expenses to John Hirst who is serving a life sentence for manslaughter at an earlier hearing.

It is now appealing against the ruling at a hearing before a 17-judge Grand Chamber.

Britain’s 1983 Representation of the People Act does not allow convicts to vote in parliamentary and local elections. Mr Hirst, 53, mounted a legal challenge when his application to register to vote was turned down.

The High Court rejected his claim that Section 3 of the act is incompatible with the European Convention on Human Rights, to which Britain is a signatory.

But his lawyers argued in Europe that he had the right to vote under the convention’s guarantee to the “right to free elections”, the “right to free expression” and “prohibition of discrimination”.

The European judges delivered a unanimous verdict that denying a prisoner a vote does breach the “right to free elections” set out in the convention. There was therefore no need, they said, to pass judgment on the issues of free expression and discrimination.

Mr Hirst pleaded guilty on Feb 11, 1980, to a charge of manslaughter on the grounds of diminished responsibility. He was sentenced to “discretionary life imprisonment” and the tariff part of his term - the part relating to retribution and deterrence - expired on June 25, 1994.

But Mr Hirst remains in jail because the Parole Board says he could still present a risk of serious harm to the public.

A final verdict on the appeal will be delivered later this year.

BBC

In addition to this kind of garbage happening to people, there are stories of all kinds of animal abuse, but I can’t bring myself to keep posting them. I can’t understand how people can be so evil.

Firefighters attacked at bonfire

A brick smashed the window of the fire engine

Firefighters have been attacked in the Crumlin Road area of north Belfast.

It happened at about 2230 BST on Tuesday after crews were called to Florence Court. When they arrived they found youths standing around a bonfire.

They agreed not to put it out, but stones were thrown at the two fire engines as they left.

No one was hurt in the incident, which happened near the old courthouse. Two 18-year-old men have been arrested and charged with riotous behaviour.

The windscreen was smashed on one fire engine and the cab and locker doors damaged on the other.

Station Officer Tim Entwhistle said a driver could have been seriously hurt.

“It could have been a lot worse if the brick had come through it would have hit the driver in the head,” he said.

“The seriousness of the matter is that that fire engine will be out of action.

“Unfortunately that means that’s a fire engine that can’t respond to a potentially serious incident, such as a house fire with people in it.”

Belfast Telegraph

McDowell urges Gardai to serve in the North

By Michael Brennan
27 April 2005

Gardai should serve in Northern Ireland to rob the IRA of credibility, the Republic’s Justice Minister Michael McDowell said today.

The Garda and the Police Service of Northern Ireland (PSNI) have signed agreements on exchanges and cross-border training, but garda sergeants and inspectors have refused to participate due to pay and security concerns.

Mr McDowell has urged the 9,500 rank and file Gardai in the Garda Representative Association (GRA) to take part in the scheme.

“The full operation of cross-border exchanges immeasurably strengthened the rule of law on this island and robs those who are subversive of that rule of law, particularly the Provisional IRA and dissidents, of credibility in their own communities,” he said.

“I really do believe that when you consider all of our fates on this island, we are now interdependent on the question of security.

“There is no such thing as there being security on one side of the border and not on the other.”

The PSNI is supervised by an independent Police Ombudsman and district policing boards.

Sinn Fein refuses to serve on the policing boards.

Gardai who transfer to the PSNI will receive an allowance of 12,500 euro (£8,509), of which 4,500 euro (£3,060) is tax free, and expenses.

Mr McDowell, in response to GRA complaints that this was a paltry figure, said it was better than the comparable amount for PSNI officers.

“It’s all I could get from the Department of Finance. I pressed very strongly for an adequate allowance to be made.”

Mr McDowell said there was no question of any member of the force being compelled to serve in Northern Ireland.

“There are members of an Garda Siochana who will regard it as a challenge and an exercise in practical patriotism and 12,500 euro (£8,509), plus vouchered expenses, is not to be sneezed at,” he said.

Belfast Telegraph

Tragic family rocked by another suicide

By Debra Douglas
27 April 2005

The family of a teenage girl killed by joyriders have been hit by a fourth tragedy in three years, it emerged today.

Stephen McComb, who celebrated his 19th birthday last weekend, was found dead in north Belfast yesterday. It is believed the teenager hanged himself.

He is the cousin of 15-year-old Debbie McComb who was killed by joyriders in a stolen car in Belfast in March 2002.

Debbie’s brother Michael committed suicide in May last year and three month’s later, his 18-year-old girlfriend Fiona Bruce took her own life near to his grave.

Stephen’s family today said their lives have been thrown into complete turmoil by the tragedy and that they are desperately trying to come to terms with the latest tragedy.

Speaking today, Debbie and Michael’s father Jim, Stephen’s uncle, said the family was devastated by his death.

“The family is in turmoil, none of us know if we are coming or going. First my son Michael took his life, then his girlfriend Fiona killed herself and now Stephen, it’s just heartbreaking.”

He said Stephen’s parents Al and Dolores and siblings Gemma, Jim, Michael and Deaglan, were heartbroken.

“We are a close-knit family so it has hit us all very hard. It will be a year since our Michael died on May 11 and this has now taken its toll on all of us.

“As I’ve been through it with my own son, I will be there for my brother to give him and the family the support they need.”

Calling for more funding to help people in trouble Mr McComb said: “There have been a lot of suicides in this area in recent months and something needs to be done to stop it.”

Stephen’s funeral will take place on Friday at St John’s Church followed by burial at the City Cemetery.

Belfast Telegraph

Second inquest into 1976 Dundalk killing

By Michael McHugh
27 April 2005

Campaigners for the family of alleged UDR murder victim Seamus Ludlow last night welcomed news that a second inquest is to be held into his death.

The Dundalk forestry worker was shot dead in May 1976 and dumped in a lane near his home, allegedly by north Down loyalists from the Red Hand Commandos who were also allegedly connected to the UDR, although no one was ever convicted.

Mr Ludlow’s family have been campaigning for a full public inquiry into his death amid concerns about the failed joint Garda/RUC murder investigation.

Louth County Coroner Ronan Maguire announced his intention to hold a preliminary inquest into the death in May after being asked to re-open the case by the Irish Attorney General.

Ludlow family solicitor James MacGuill said there were a number of issues to be addressed.

“There are circumstances which led to him being abducted and there were also issues surrounding the political use of his death by the Garda in their failure to inform the family.

“There was also the issue surrounding the manner in which suspects were not fully investigated. It was better for people to think that the IRA had shot someone,” he said.

Initially, the family was told republicans may have shot 47-year-old Mr Ludlow, who was picked up on his way home from a bar near Dundalk, as an informer.

The RUC interviewed four men in relation to the killing but none were prosecuted.

One of the interviewees allegedly claimed to have witnessed the event and identified the killers and their UDR and paramilitary background.

BBC

Irish police in van raids swoop

Cash delivery vans in Dublin have been robbed

Irish police investigating kidnapping and security van robberies in Dublin have arrested 20 people.

More than 80,000 euro (£55,000) along with guns, drugs, recently purchased cars and other items were also seized.

Up to 200 gardai took part in searches at homes and premises in north and south Dublin and in Ashbourne, County Meath, early on Wednesday.

It is understood an employee of a security firm involved in transporting cash was among those arrested.

The searches were part of an investigation into the kidnapping of the family of a van driver in Raheny in north Dublin last month and the subsequent theft of over 2m euro (£1.3m).

Just over two weeks later an estimated 2.7m euro (£1.8m) was taken in another security van robbery after the crew had stopped at a garage for coffee.

IOL

Accused denied Real IRA involvement, court hears

27/04/2005 - 18:29:44

A Cork man accused of Real IRA membership denied to gardai that he was a member of the IRA or of anything connected to it, the Special Criminal Court heard today.

The court was told that Gerard Varian told gardaí during interviews in December 2003: “I deny any membership of the IRA or any part of it. I want nothing to do with it.'’

Detective Sergeant John Cahill said that during six interviews Varian denied membership of an illegal organisation and had answered all questions put to him by the gardaí.

He was giving evidence on the 11th day of the trial of three Cork men and two Limerick men who have denied membership of an illegal organisation.

The five men are Ciaran O’ Dwyer (aged 50), of Castletroy View, Limerick; John Murphy (aged 25), of Ashburton House, Kilbarry, Old Mallow Road, Cork; Ultan Larkin (aged 34), of The Bungalow, Farranshone, Limerick; Gerard Varian (aged 45), of Bride Valley View, Fairhill, Cork; and Aidan O’ Driscoll (aged 25) of Glenheights Park, Ballyvolane, Cork.

They have all pleaded not guilty to membership of an illegal organisation styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on December 15, 2003.

Prosecuting counsel Mr John Edwards SC has said the five men were allegedly members of the Real IRA.

Detective Sergeant Cahill said that Varian had denied knowing five people who had been arrested and charged in connection with an arms find in Blarney , Co Cork in 2002. “I heard ages ago on the news about the arms find,” he told gardaí.

Cross examined by Varian’s counsel Mr Feargal Kavanagh SC, Det Sgt Cahill agreed that Varian had answered around 270 questions put to him by the gardaí and he also agreed that Varian had not adopted “anti interrogation techniques” during the interviews.

Detective Sgt Cahill said that on one occasion when Varian denied any connection to violence he said that his daughter “was nearly killed”. The Detective Sergeant said he had not made further inquiries about what had happened his daughter.

Mr Kavanagh said: “I have to suggest that his daughter was nearly killed by some thugs and he had a complete abhorrence for physical violence” and the Detective Sgt replied:“That’s what Mr Varian states.'’

The trial is continuing.

Belfast Telegraph

Pearce has US tests to tackle tumour
10-year-old continues recovery after op

By Nigel Gould
27 April 2005

Little Pearce Gilmore was today having final preparation tests in a US hospital before beginning a six-week treatment programme to shrink his brain tumour.

The Coleraine boy, who celebrated his 10th birthday last week, will undergo special radiation treatment every working day for the next month-and-a-half at the New York-based Montefiore Children’s Hospital.

Doctors hope the brain tumour, which has already been reduced through surgery, will be shrunk even further.

More importantly, it is hoped the course of radiotherapy will stop the tumour growing again.

Last week, head nurse at the hospital, Tania Maher, said Pearce was continuing to do “really well”.

“He looks great, fantastic,” she said. “He’s walking and talking much better.

“We are really happy with his progress.

“Hopefully, the radiation therapy will shrink the tumour, which has been reduced to a minimal amount, even further.

“He is now out of hospital and will be staying in the hospital apartment.”

Dad Seamus said Pearce was not looking forward to the treatment but just wanted to get better.

“We could not be in a better place right now,” he said. “The doctors and nurses have been fantastic. And the most important thing is that Pearce is doing well.”

Recently, in an interview with the Telegraph, surgeon Dr Rick Abbot revealed that the tumour, part of which he removed, was found to be benign.

“Things couldn’t be any better for him,” Dr Abbot said. “We are very happy. He is extremely well. We have relieved the pressure so the brain can work better.

“He had problems with control on the right-hand side of his body. Now his co-ordination has improved and his speech is better.

“He has found his humour again and is playing about with his family and joking around. He is a different kid. When he came here he was in a hole. Now he is in good shape.”

More than £40,000 was raised Telegraph readers to send Pearce to the US.

Scotsman.com

Date Set for Latest Ceasefire Report

By Dan McGinn, PA Ireland Political Editor
12:33pm (UK)

The latest report by an independent body which scrutinises paramilitary ceasefires will be published after the General Election, the Government confirmed today.

The four-member Independent Monitoring Commission, whose last report in February claimed Sinn Fein leaders sanctioned robberies including December’s £26.5 million heist at Belfast’s Northern Bank, has handed over its fifth report to the British and Irish Governments.

However a Northern Ireland Office spokesman said their latest findings on the IRA, loyalist and other republican groups’ ceasefires would only be released when Parliament was functioning again.

“Under law we are required to lay the report before Parliament,” he said.

“Parliament is not sitting because of the election, so we will not be able to do it until Parliament returns next month.”

The IMC is made up of former Northern Ireland Assembly Speaker Lord Alderdice, ex-Metropolitan Police anti-terrorism unit chief John Grieve, retired Irish civil servant Joe Brosnan and the former deputy director of the American CIA, Richard Kerr.

Previous reports have led to the British Government imposing financial sanctions on both Sinn Fein and the loyalist Progressive Unionist Party over IRA and Ulster Volunteer Force activity.

After a meeting yesterday in Belfast with the IMC, Sinn Fein Assembly member Alex Maskey demanded the members’ resignation, claiming their body was not independent.

The South Belfast MLA argued: “The Independent Monitoring Commission was established in breach of the Good Friday Agreement.

“It operates outside the Agreement and contrary to natural justice and the European Convention on Human Rights and it can have no role in the political process.

“We set out our position again to them today that they are not an independent body, are not impartial and that their reports have been used by the British Government to discriminate against our party and in an attempt to interfere with the democratic process.

“Following from this we challenged the members of the Independent Monitoring Commission today to resign from the Commission and to set aside their four reports to date.”

The latest IMC report is the first since Sinn Fein president Gerry Adams made a direct appeal to the IRA earlier this month to consider abandoning armed struggle and embrace the democratic alternative of pursuing their goals through politics.

The West Belfast MP last night said he was told by the Provisionals’ leadership its internal debate was now under way.

Sinn Féin

DUP cannot be allowed to stall process any longer

Published: 27 April, 2005

Responding to comments made today by the DUP leader Ian Paisley regarding the future of the political process, Sinn Féin General Secretary Mitchel McLaughlin said ‘that nationalists and republicans would not take lectures from Ian Paisley on democracy but had shown themselves prepared to move forward on the basis of equality and respect’.

Mr McLaughlin said:

“Given the history of Ian Paisley and his party nationalists and republicans will not take lectures from him on democracy. What nationalists and republicans have displayed is a willingness to move forward on the basis on equality and respect, the future mapped out for us in the Good Friday Agreement.

“The vast majority of people on this island voted for the Agreement. Sinn Féin are absolutely committed to seeing its full implementation. We have stretched ourselves and our constituency time and again to see progress made. The recent initiative taken by Gerry Adams does I believe offer us an opportunity to move forward.

“But others including the DUP have to step up to the mark. The DUP need to show the rest of us that they have belatedly accepted basic principals of respect and equality. If not then the onus shifts onto the two governments to ensure that the process is not further stalled by rejectionist unionisms unwillingness to embrace change.”ENDS

IRA2

**Posted by poblachtach dearg

Republican Prisoners Action Group PUBLIC MEETING IN DERRY:

IN A statement on April 25 Richard Walsh, PRO, Republican Prisoners Action Group said that the RPAG will hold a second public meeting to discuss the current conditions facing Republican POWs in Maghaberry jail on Saturday, April 30 in the Munster Suite of the Calgach Centre, Butcher Street, Derry City (opposite the Tower Hotel), starting at 2p.m. The statement called on everyone concerned about the plight of Republican prisoners to attend.

SAOIRSE32

**This remembrance from last year came from a post by Tiofaidh Armani on the old IRBB before it moved

Robert Hamill RIP

Click on photo to view

Robert Hamill, a 25 year old father of two young boys, and a daughter he was destined never to hold, was kicked to death by a gang of loyalists in Market Street, Portadown, Co.Armagh in the early hours of April 27 1997.

Robert Hamill was killed simply for being a Catholic. He was targeted because of the direction in which he was headed. He did not know his attackers, and they didn’t know him. As Robert, and three friends made their way home to the Catholic area of Portadown, crossing Market Street, Robert and his friend, Gregory, were attacked by a loyalist mob numbering thirty. Robert’s attack lasted for some minutes. He sustained fatal injuries. Robert lay in a coma for 12 days before he died. This attack happened in full view of an RUC Land Rover, and about 200 yards from an RUC station.

Four RUC officers, armed with machine guns and dressed in body armour, remained in the Land Rover for the duration of Robert’s attack. These four officers ignored pleas for them to intervene. One of Robert’s friends had actually banged on the side of the Land Rover, pleading for help. They also could have fired in the air to disperse the crowd of loyalists. They didn’t.

Although Robert lay unconscious in the street, as an ambulance arrived, two of the RUC officers eventually approached the scene but made no attempt to administer first Aid (All RUC personnel are trained in First Aid). No statements were taken by these officers, nor was there any forensic evidence collected.

The RUC issued a statement on the Sunday evening around teatime saying that a man had been injured the previous night in a full scale riot in the centre of Portadown involving around 100 rioters on each side Then when challenged a few days later and realising Robert was seriously hurt, they changed their story and dropped the riot angle. So here we have 4 custodians of law and order who cant tell the truth about how it started , so much for the truth about how it ended.

One loyalist suspect was held at the murder scene, but only for a few minutes; in fact it was a further two weeks before any arrests were made. The six people arrested in connection with the murder all requested a transfer to the LVF’s wing in the Maze Prison. Within 6 months, all but one of the suspects had been released. The remaining suspect was convicted in April 1999 of causing an affray, but cleared of murder.

An eye witness who said they saw the accused attacking Robert was not called.
The only evidence presented by the RUC was a statement that said a Constable saw the accused aim a kick at Robert, but couldn’t say it connected. The judge at the trial stated that Robert was probably dying when the accused attacked him.

Since Robert’s murder, The Hamill family have had to put up with constant abuse and intimidation by loyalists. All flowers and wreaths placed at the spot where Robert died are removed. Robert’s sister has had to endure RUC officers pointing fingers at her in imitation of a gun. Everyone will be familiar with the Huns “Bouncy Bouncy” song and accompanying pogo dance. This is a reference to Robert Hamill’s murder, and the jumping up and down on his head.

In March 1999, solicitor Rosemary Nelson, who was representing the Hamill family in bringing private prosecutions against the six suspects and the RUC, was killed in a car bomb. In April of this year the British Government eventually decided to open a public inquiry into Robert’s death and collusion between loyalists and the RUC after a report by Canadian Judge Cory.

‘They never die, those who live on, in the hearts they leave behind’

Justice for the family of Robert Hamill, punishment for his murderers, and sanction against those who stood idly by.

ROBERT HAMILL RIP

BBC

Suicide relatives in protest move

The relatives say money is needed for counselling

The families of people who have taken their own lives have interrupted a meeting of a Belfast health trust.

There have been at least 15 suicides in west Belfast in the last three months, seven of which happened last week.

About 50 relatives of suicide victims gathered outside the North and West Belfast Health Trust Board meeting.

Two mothers given permission to address the board told members that money was needed for suicide prevention and counselling services.

Maura Barnes’ daughter took her own life last August. She said counselling services were essential.

“I go to that once a week and I don’t know what’s going to happen if they take that away from me, so honestly please for God’s sake, get the funding from somewhere - we need it,” she said.

The board agreed to allow the families to interrupt the meeting

The trust told the families that they shared their concerns and promised that their demands would be treated seriously.

Last year, community groups in north Belfast appealed for action over an alarming rise in suicide among young people in the Ardoyne area.

In a two month period, at the start of last year, 13 young men in the area took their own lives.

Last month, the Northern Ireland Commissioner for Children and Young People, Nigel Williams, said the government must do more to reduce the number of child suicides in Northern Ireland.

At the start of April the first step on convening a multi-agency group on suicide in the area took place.

The North and West Belfast Health Action Zone said research has shown a higher rate of mental illness in the trust area than elsewhere in the province.

It said there were on average 150 suicides in Northern Ireland each year and that in 2002 the suicide rate for the area was 19 per 100,000 compared to 10 per 100,000 for the rest of Northern Ireland.

BBC

Informers to be used in UDA case

Informers are to give evidence against six men who face UDA membership and drugs charges, a court has heard.

A lawyer for two of the men said it was the first time in 20 years the Crown had sought to use “informer evidence”.

Defence counsel said the Crown resorted to this as there was “no forensic evidence” against his clients who had not made statements of admission.

Six men and another man not charged with UDA membership have been released on bail at the High Court in Belfast.

A barrister told the court that in March, 2003, police in Newtownards, County Down, began an investigation into the local UDA concerning drug offences and money laundering.

A number of people were arrested and released but warned that a file would be sent to the DPP and they might face charges.

She said the investigation began after Noel Lee and Freddie Hamilton - who were known to the defendants - informed police about drug dealing.

‘Witness protection’

“The main evidence at the trial will be the evidence of Lee and Hamilton,” she said, adding that both men were in a witness protection programme.

Five of those accused of UDA membership are from Newtownards.

They are: John Miskimmon, 26, of George Street; Richard Dalzell, 24, of Whinpark Road; David Swindle, 41, of East Street; Arthur McChesney, 41, of West Street, and Richard Barry, 32, of Cairndore Way.

The sixth defendant, Paul Brown, 33, is from Lightkeeper’s Cottages, Greencastle, County Antrim.

Mr Barry was also charged with attempting to injure witness Noel Lee and false imprisonment.

A seventh man, Neil Moore, 24, from Burnreagh Court, Newtownards, was also granted bail on drugs charges and making money available for purposes of terrorism.

IrishExaminer.com

Bombing families berate State for commission move

27 April 2005
By Michael O’Farrell, Political Reporter

FAMILIES of those killed in the 1974 Dublin and Monaghan bombings last night criticised a Government decision to establish a Commission of Investigation into the atrocity, saying the move would shut them out of proceedings.
The commission - to be headed by senior counsel Patrick MacEntee - will look into matters of public interest arising from the findings of the Barron report, published earlier this year.

Following its publication, the Oireachtas subcommittee on Justice, Equality, Defence and Women’s Rights held a series of public hearings and recommended a Commission of Investigation be established to probe the bombings, in which 33 people died.

The committee sought further investigation into the reasons the original garda investigation into the atrocity was wound down so early and the whereabouts of all garda files on the bombings.

However, Justice for the Forgotten last night expressed disappointment at the move, saying relatives felt the commission would effectively bar them from proceedings.

Unlike the Tribunal of Inquiry relatives sought, the Commission of Investigation will be largely held in private to maximise speed and minimise legal bills.

“The families feel deeply suspicious. They feel they have been let down by the State. There can be no sense of ownership because the families are not being engaged. We feel we are being shut out of the process,” said group legal representative Greg O’Neill.

The terms of reference of the new commission took some by surprise last night as they were far more extensive than predicted.

In addition to investigating why the garda operation into the bombings was closed in 1974, the commission will also probe why gardaí failed to follow up several important leads.

The commission is also tasked to probe unaccounted-for garda files and documentation and the reasons the files went missing.