SAOIRSE32

Daily Ireland

Cory probed the high-profile murder of Pat Finucane, targeted simply because of his politics and clients, and found sinister forces at the heart of the British system

13/02/2006

Yesterday marked the 17th anniversary of Pat Finucane’s murder. Judge Peter Cory’s independent review of the murder was published in April 2004. Based on his findings, Judge Cory recommended a full public inquiry into the affair. The British government promised to implement any recommendations made by Judge Cory but has since reneged on its commitment. It has claimed that a public inquiry cannot be held for reasons of “national security”. Below we publish verbatim edited extracts from Judge Cory’s 2004 report.

The Murder
Events at Patrick
Finucane’s home
1.15: On the evening of 12 February 1989, Patrick Finucane, his wife Geraldine and their three children were having dinner in the kitchen. Around 7.25pm Geraldine heard a noise coming from the front door. Her husband jumped up from the table and she jumped up behind him. He opened the kitchen door and, as they both looked down the hall, she saw one figure walking towards them. The intruder was masked and she believed that he held a gun in his left hand, although she was not sure about this. The man was dressed in black and he seemed to be wearing black gauntlets which covered his arms. He had a green combat jacket which was tied at the waist. She didn’t see anyone else.
She moved behind her husband to hit the alarm button, which was located behind the kitchen door. As she did that, she could see her husband closing the kitchen door. Then the shooting started and it was very fast at first.
She landed up against the dining-room door, her hands over her head. She said there were more shots, very slow and deliberate.
When the shots stopped, her husband was lying on the floor on his back and the man had left. She went to the hall but there was no one there. She had been shot in the ankle, probably as a result of a ricocheting bullet. Despite her wound and the trauma of this horrifying event, she had the presence of mind to call for the police.

1.16: The autopsy report confirmed that Patrick Finucane was a 39-year-old male. He had been shot six times in the head, three times in the neck and three times in the torso. Any of the wounds to the head, the neck, or the torso would have been fatal.

The association of lawyers with their clients who were PIRA members.
1.256: Documents reveal the extent to which Special Branch believed that solicitors representing members of PIRA were, themselves, either members of the organisation or “republican sympathisers”. […] It may be significant that SB chose to maintain a personal file on Patrick Finucane, who appears to have been a law-abiding citizen. The file contained various documents, including source reports, news clippings and correspondence.
What is most striking is that Patrick Finucane is repeatedly identified as a “republican sympathiser”; “an extreme republican sympathiser [who] represents PIRA members who face terrorist charges”; and an individual who “comes from a staunchly republican family”.
These descriptions permeate the file, and are seen on documents dating back to 1979. The file records various activities that were legitimately undertaken by Patrick Finucane in his capacity as a citizen, a lawyer and a supporter of human rights. He is implicitly criticised for taking a “keen interest in the welfare of PIRA prisoners” during the hunger strikes, and for being a member of organisations such as the Northern Ireland Civil Rights Association.

1.257: The attitude of Special Branch toward the work of solicitors in general, and Patrick Finucane in particular, is also evident in the briefing given to MP Douglas Hogg. This led to his comments in the House of Commons on 17 January 1989. He then spoke opposing a proposed amendment to a bill which would allow solicitors access to information concerning terrorist investigations in certain limited circumstances. During the debates, Mr Hogg, relying upon the briefing he had received from SB, asserted: “I have to state as a fact, but with great regret, that there are in Northern Ireland a number of solicitors who are unduly sympathetic to the cause of the IRA…”

1.258: In statements made some years later, Mr Hogg indicated that his comments in the House had been based on advice received from senior police officials, including a briefing by the Special Branch in November 1988.
This briefing was attended by the chief constable and deputy chief constable of the RUC, as well as other senior officers.
According to Mr Hogg, the message conveyed was that there were a half dozen or so solicitors who were “effectively in the pockets of terrorists” and that such solicitors were “defending the organisation rather than the individual”.
1.259: When Mr Hogg asked for a concrete example, Special Branch sent him documents identifying Patrick Finucane. […]
Obstructions placed in the path of the Stevens inquiries: Whether they reveal an attitude and course of conduct that should be taken into account in determining whether they were acts of collusions.
1.269: I have reviewed a document which would appear to lend strong support to the allegation that RUC SB and FRU [Force Research Unit] consciously set out to withhold pertinent information from the Stevens inquiries. It sets out the minutes of various meetings attended by senior officials, including the former GOC NI (general officer commanding, Northern Ireland). This document confirms that the GOC NI had discussed the Stevens inquiry with the chief constable of the RUC before the inquiry team even arrived in the province. The document states that: “The CC [chief constable] had decided that the Stevens inquiry would have no access to intelligence documents or information, nor the units supplying them” […]

1.270: The wilful concealment of pertinent evidence, and the failure to co-operate with the Stevens inquiry, can be seen as further evidence of the unfortunate attitude that then persisted within RUC SB and FRU — namely, that they were not bound by the law and were above and beyond its reach.
These documents reveal that government agencies (the army and RUC) were prepared to participate jointly in collusive acts in order to protect their perceived interests. Ultimately the relevance and significance of this matter should be left for the consideration of those who may be called upon to preside at a public inquiry.
Summary of collusive acts.
i. FRU
1.283: The following matters are relevant in considering whether FRU engaged in collusive acts:

a. Did FRU have advance knowledge that Patrick Finucane was being targeted by the UDA [Ulster Defence Association]?

1.284: The documents clearly raise questions as to whether or not FRU knew, in advance, that the UDA was planning to target and kill Patrick Finucane. There are conflicts in the documentary evidence that can only be resolved at a public hearing. […]

1.285: If [Brian] Nelson is correct in stating that he told his handlers that Patrick Finucane was a target, and no steps were taken by FRU to either warn Patrick Finucane or otherwise intervene, then that would be capable of constituting a collusive act. This follows, as it would mean that FRU had turned a blind eye to the threat against Patrick Finucane, notwithstanding that the information came from someone that they considered to be an outstanding agent. Only a public inquiry can determine whether this occurred. The evidence I have seen warrants the holding of a public inquiry on this issue.

b. Passing of information to Nelson by handlers

1.286: The CFs [contact forms] and TCFs [telephone contact forms] – the records kept in the usual and ordinary course of the business of FRU – leave little doubt that, on occasion, handlers provided information to Nelson that facilitated his targeting activities. While there is no indication that handlers provided information that specifically pertained to Patrick Finucane, this breach of policy is significant, as it demonstrates a general pattern of behaviour on the part of Nelson’s handlers that could be considered collusive. They were aware that Nelson was a central player within the UDA and that he had considerable influence in directing targeting operations.
They were also aware that Nelson often played a direct and active role in reconnaissance missions. The provision of information to Nelson in these circumstances may be seen as evidence of collusive behaviour that had the potential to facilitate the deadly operations planned by the UDA.

c. Failure to restrain Nelson’s criminal activities
1.287: There can be no doubt that Nelson, by his own admission, committed criminal acts. He entered pleas of guilty to 20 terrorist-related crimes, including five separate instances of conspiracy to murder. Even more importantly, the CFs and TCFs reveal that the army handlers were aware, or at the very least, most certainly ought to have been aware, of the criminal acts of Nelson. Little or no effort was taken to prohibit or discourage Nelson from committing criminal acts. It is apparent from some of the CFs that the handlers were more concerned with Nelson’s security, and avoiding police detection, than they were with stopping his criminal activity. The documents I have examined disclose that army handlers and their superiors turned a blind eye to the criminal acts of Nelson. In doing this, they established a pattern of behaviour that could be characterised as collusive.

d. Evidence given at
Nelson’s trial

1.288: The evidence given by the CO [commanding officer] FRU, (Soldier “J”) at Nelson’s trial could only be described as misleading. The statement that Nelson’s actions were responsible for saving close to 217 lives was based on a highly dubious numerical analysis that cannot be supported on any basis. The troubling evidence given at Nelson’s trial, coupled with FRU’s knowledge of his criminal activities, is part of the cumulative picture that should be examined in determining whether FRU acted collusively in the murder of Patrick Finucane.

e. FRU collusion

1.289: The documents either in themselves or taken cumulatively can be taken to indicate that FRU committed acts of collusion. Further, there is strong if, in some instances, conflicting documentary evidence that FRU committed collusive acts. Only a public inquiry can resolve the conflict.

ii. The security service
1.290: Much of the work of the security service is not relevant to my inquiry. However, the agent operations that the security service ran in Northern Ireland did give rise to conduct that appears to fall within the definition of collusion.

a. In 1981, the security service was aware that the UDA had plans to kill Patrick Finucane and that the threat was both very real and very imminent. After consultation with security service officers from the Joint Security Service/SIS [Secret Intelligence Service] section present, RUC SB decided to take no steps to intervene or halt the attack.

b. In 1985, the security service was aware that a leading loyalist paramilitary considered Patrick Finucane to be a priority target.

c. In December 1988, just seven weeks before the murder, the security service received information from an agent that there were plans afoot to kill various targets, and that the UDA had singled out Patrick Finucane for special attention. Once again, no action was taken to warn Patrick Finucane or to intervene in any way.

1.291: The apparent failure of the security service to suggest to RUC SB that action should be taken on these threats might, itself, be capable of constituting collusive action. At the very least, these matters add to the cumulative pattern of conduct demonstrated by the relevant government agencies and should be considered in the context of a public inquiry.

iii. RUC Special Branch
1.292: In my view, the following conduct of the RUC SB is directly relevant to the question of collusion:

a. Failure to act on known threats
In 1981, no action had been taken in connection with a direct threat against Patrick Finucane. Rather, the protection of agent security was seen as more important than saving the life of a person who faced a serious and imminent threat. Similarly through its agent William Stobie, RUC SB was aware that, just five days before the Finucane murder, a top UDA official had asked Stobie to provide a nine-millimetre Browning pistol for a “hit on a top PIRA man”. This information was not apparently pursued.

b. Failure to follow up on the Browning pistol
Just three days after the murder, Stobie reported that he had been asked by the same UDA official to pick up and hide a nine-millimetre Browning. No steps were taken to recover or trace this weapon, although there was every reason to believe that it was the firearm used to kill Patrick Finucane. The failure to act on information received in 1989, both before and after the Finucane murder, is indicative of collusion and should be the subject of inquiry at a public hearing.

c. The intelligence and threats books
As a general rule, the intelligence and threats books reveal that RUC SB failed to record or act upon intelligence information coming from FRU. Similarly, they indicate that SB rarely took any steps to document threats or prevent attacks by the UDA, whereas proactive steps were routinely taken in connection with PIRA and other republican threats. The failure to issue warnings to persons targeted by the UDA often led to tragic consequences. This is indicative of attitudes within RUC SB. It also constitutes a pattern of conduct that could be equated with collusive behaviour.

Daily Ireland

Connla Young
13/02/2006

A group representing republican prisoners is to meet prison service chiefs to discuss rising tensions in Maghaberry Prison.
Representatives of the Irish Republican Prisoners Welfare Association have said the meeting on Wednesday was arranged to address complaints raised by republican inmates held in the Co Antrim prison’s Roe House unit.
Prisoners have complained in recent months that they are being harassed by prison staff.
It is understood several prisoners have complained of being physically attacked when taken to the prison punishment block, which is not covered by closed-circuit television cameras.
Other prisoners have complained after being put through numerous body searches, including strip searches.
One prisoner recently complained that he had been searched 42 times in one week.
An ongoing point of contention for prisoners at Maghaberry is the cancellation of open family visits at the last minute.
Prison authorities often attempt to justify this practice by claiming that sniffer dogs have detected illegal substances on visitors.
As well as facing rigorous searches, prisoners in Roe House are monitored through CCTV and listening devices.
Marion Price, a spokeswoman for the prisoners welfare group, said conditions were intolerable for prisoners in Maghaberry.
“We were told, once prisoners were segregated in 2003, there may be teething problems with the new regime but, once staff got used to it, things would relax.
“But that didn’t happen, and staff use the system to harass prisoners.
“The fact is people are being beaten up and continually harassed. Prison staff are not supposed to wear emblems or badges but they do.
“Also, they are supposed to cover up their tattoos but they don’t. For prisoners, it’s a hostile environment and we want to find a solution before the situation escalates.
“We will talk to anybody in trying to improve conditions for prisoners,” she said.
A prison service spokesman declined to comment ahead of this week’s meeting.

BBC

Hundreds attended Mr Devlin’s funeral

The funeral has taken place of west Belfast father-of-six Gerard Devlin who was stabbed to death 10 days ago.

Mr Devlin, 39, was killed as he called to collect his children from Whitecliff Parade in the Ballymurphy area. Four people have been charged with murder.

Police are investigating a link between several petrol bombings in the area and the death of Mr Devlin.

A priest told mourners at Corpus Christi Church he realised people had rage in their hearts over the killing.

But Father Don O’Rawe said: “We are more than death, we are more than anything evil can throw at us.”

Speaking during Requiem Mass, Father O’Rawe said Mr Devlin was a “likeable rogue” who always had a welcome for everyone.

At the weekend, some members of the Devlin family said they had been told by the police that they were under threat.

Mr Devlin was buried at Milltown cemetery in Belfast.

BBC

13 February 2006

The widow of murdered Belfast solicitor Pat Finucane has described as “good” a meeting with DUP leader Ian Paisley.

Mr Finucane, 39, was shot dead in front of his family

Geraldine Finucane said Mr Paisley listened carefully to her case for a full inquiry into the killing and said the family and DUP had much in common.

The DUP said it was a useful meeting. Mr Finucane, 39, was killed by loyalist paramilitaries at his home in 1989.

It was one of the most controversial killings of the Troubles due to claims of security force collusion.

His family have said they do not think an inquiry held under the Inquiries Act would be able to get to the truth.

Mrs Finucane described Monday’s meeting with the DUP as “very open and very cordial”.

“Dr Paisley and the rest of the members of the DUP were more than willing to listen to what we had to say,” she said.

“We discovered by the end of the meeting that we had a lot in common.”

DUP sources told the BBC they hoped the meeting would be worthwhile for the family, and there was “significant common ground” as the DUP took an interest in a number of victims’ cases.

Ahead of the meeting, Ian Paisley Jnr said they were “prepared to listen” to the Finucane family.

“They are entitled to a meeting and put what issues they want to put to us,” he said.

“If an inquiry into the murder of Pat Finucane is not even supported by the family of Pat Finucane, then what possible benefit can it have?”
Michael Finucane

“There are other inquiries that we hope to see proceeding, for example the investigation into the Billy Wright murder.”

Mr Finucane’s son, Michael, said: “The issue to be discussed here is a public inquiry into the murder of my father in circumstances where it is alleged the state colluded in the killing and the wider implications of that because it appears to have been a systemic policy of collusion.

“I think as serious politicians the Paisleys will listen to the issue.

“All I can hope for is that they do the same as anybody else we have ever spoken to, that is assess the issue on its merits.”

Retired Canadian judge Peter Cory recommended separate inquiries into Mr Finucane’s murder, and three other controversial killings in Northern Ireland.

These were the killings of solicitor Rosemary Nelson, leading loyalist Billy Wright and Catholic father of two Robert Hamill.

Government’s discretion

The Finucane family, human rights campaigners and nationalist politicians, as well as Judge Cory, have expressed alarm at moves by the government to ensure the tribunal into Mr Finucane’s murder is held under the Inquiries Act, which was passed earlier this year.

They have claimed the Act will suppress the truth about what happened, with Amnesty International saying crucial evidence could be omitted from any final report at the government’s discretion.

Michael Finucane said: “If an inquiry into the murder of Pat Finucane is not even supported by the family of Pat Finucane then what possible benefit can it have?”

The human rights group has urged judges not to sit on the inquiry into Mr Finucane’s death.

Last week the Finucanes met Northern Ireland Secretary Peter Hain to discuss the inquiry.

They have also held talks with Ulster Unionist leader Sir Reg Empey.

Archives: Down Democrat

**Via Newshound

3/01/2006

THE double dealing life of British agent Denis Donaldson reads like a John Le Carre spy novel.

But the only fiction in Donaldson’s life for the last 20 years was that he was fully committed to the cause of Republicanism as espoused by Sinn Fein. During that time he was living a lie based on betrayal after betrayal.

For while he gave the outward appearance of a man ingrained with the strongest possible Republican principles the private reality was that of man who had sold those principles. Donaldson was a man who could always be charming in public while at the same time being totally determined to get his own way, whether in personal relationships or in the context of implementing Sinn Fein party policy controls.

Denis Donaldson loved the trappings of power and influence. He loved to be at the centre of operations.

As a member of the Belfast Brigade staff of the IRA during the 1970s, wearing his trademark long black leather coat, he was regarded as a man who revelled in getting his point of view listened to, and acted upon.

The questions that Sinn Fein party members are now asking however is whether the dictatorial stance adopted by Donaldson when he moved over to a central political position with the party was simply a mirror in many instances for official British Government policy. With the passing of two decades of double dealing the answers to many questions will be impossible to verify.

But many believe it is fair to assume that much of the strategic analysis implemented by Donaldson, and in particular that which related to South Down, was based as much on British Government objectives as it was for the development of Sinn Fein as an evolving electoral force.

The airbrushing out of the political frame in Downpatrick of a prominent member of Sinn Fein was the direct result of a sophisticated bugging operation sanctioned by Donaldson. The bugging revealed that the individual concerned had serious reservations about the true attitude of Sinn Fein towards the policing question and involvement with the District Police Partnership Boards.

It was Donaldson who acted as the prime mover in pushing for the re-alignment of the Sinn Fein party structures across County Down. He made his formal move during September once the official ending of military activities was endorsed by the IRA Army Council. From Kilkeel through to Newry the party controls are now operated by the South Armagh leadership.

The same South Armagh influence controls the Mid-Down area including Newcastle, Castlewellan and Kilcoo areas.

The man in charge of the development of Sinn Fein from its South Armagh base is a close relation of Conor Murphy, the Newry and Mourne MP. East Down however, including the greater Downpatrick district, covering Killough and Ardglass, is now directly under the control of the Belfast area. The East Down area was viewed by Donaldson as a prime source of information that could be passed through the intelligence monitoring sieve.

According to information provided to the Down Democrat a senior ranking member of Sinn Fein in the East Down area has been working as a so-called mole for the past five years on behalf of Donaldson.

The Sinn Fein activists who approached the Down Democrat claimed that there was a clear trend within the party to develop, in the main, individuals that had no direct linkage with any past hardline military activity.

“It was a policy of Donaldson to use those people as a front for his strategy on parades. He was in charge of the parades issue for the whole Six Counties. In every flashpoint parade situation his word was the law.

“He dictated what line was to be followed. In places like Ballynahinch last Summer when the view on the ground was that there should be a strong street protest it was Donaldson who pulled the plug on any such protest.

“It’s now clear why he sounded as though he was pushing a line from the Brits. The Police always seemed to know when there was even a whisper about a possible protest.” It was also claimed by the Sinn Fein members that there was great disillusionment over the stance taken by Caitriona Ruane in relation to the proposed National Park in the Mournes.

“She is out of step with people on the ground. Ruane is regarded as a publicity seeker who jumps on every opportunity to be photographed with the leadership. “The joke in the party is that she was a self appointed supporter of the Colombia Three on the basis that she was the only one in Sinn Fein who could speak Spanish.

“What the public don’t know is that she is detested by some of the relatives of the men. “The mother of Pearse McAuley has made it clear she can’t stand her. That’s a fact. “Ruane is too arrogant to listen to what really matters to our voters.

“The party line she is pushing on the National Park is at odds with the views of the farming community in the Mournes. For generations they have fought to get control of their own land.

“In the past they were the victims of an exploitive landlord system. Now they are being given no option but to go back into the control of another type of feudal landlord, even if it is dressed up as the National Trust.

“The National Trust propaganda is exactly the kind of line peddled by the British Government. Sinn Fein should not be a mouthpiece for that propaganda. “But once Donaldson gave his stamp of approval Ruane and Co toed the party line.”

Irelandclick

Following weeks of campaigning by the Andersonstown News and local politicians, the people of West Belfast are being urged to come out and voice their opposition to the asbestos dump proposed for the heart of our community

Local people are being urged to come out en-masse this week to show their opposition to a proposed asbestos storage facility in West Belfast. protest is due to be held at the Grove Service’s Group offices in Blackstaff Way this Wednesday.

Over the last few months local people have voiced their grave concerns about the proposed facility.

Grove Services have yet to meet with community groups or local political representatives to discuss the plans. They have also steadfastly refused to answer questions posed by the Andersonstown News about the site.

Local Sinn Féin Councillor Paul Maskey who is spearheading the campaign against the storage facility said that opposition is widespread.

“ I would urge as many local people as possible to come out and show their opposition to Grove Services,” said Councillor Maskey.

“My view is that they don’t care about the people of West Belfast. I would urge Grove Services to meet with local councillors and community groups.

“A lot of local people have expressed their grave concerns and yet Grove Services refuse to meet with local people.

“The people in this area will not take this lying down and I imagine that Wednesday’s protest will just be the first of many protests,” he added. ver the last few weeks the Andersonstown News has gauged the opinions of local people to the proposed storage facility.

Local sisters Collette Devlin and Anne Carson lost their father Robert Daly to asbestos related mesothelioma in December 1999.

They said they concerned about the welfare of their children in light of the proposed asbestos storage facility in West Belfast.

“We may not see the results in the next five years but in 30 or 40 years it could be our kids who develop this horrific illness,” said Collette.

“Accidents can happen and these people (Grove Services) cannot guarantee us that they won’t.

‘We are so angry and willing to do whatever it takes to get this decision reversed,” she added.

Clodagh Grimes, Manager of the Westwood Centre, has also backed the campaign to stop the facility going ahead.

“We are in close proximity to the proposed site for this asbestos storage facility.

“We are highly concerned that the site is in such close proximity to our own service yard so we are backing the campaign to keep it out of our area,” she added.

The West Belfast Partnership Board has voiced grave concerns and have written to Grove Services calling for an urgent meeting. Chief Executive Geraldine McAteer said that the facility is not wanted locally.

“Asbestos is a deadly substance and the West Belfast Partnership’s environmental sub group and the Greater Andersonstown Community Network are concerned about plans to move massive amounts through the area on a regular basis.”

The Andersonstown News also spoke to solicitor Michael Hollywood who has worked with clients with asbestos related illnesses. He said:

“Unless properly and safely managed there is a significant risk that material would affect not just the people in the vicinity of the facility ie: those receiving and handling the material, but also people in the locality, those that live and work near the facility,” said Mr Hollywood.

The protest will take place at Grove Services Group Blackstaff Way at 1.00pm on Wednesday.

Journalist:: Staff Journalist

Irelandclick

Having attacked every other paragon of democratic values and freedom of speech in the country, Irish Minister for Justice Michael McDowell has now turned his attention to RTÉ. The minister says he’s “concerned” at the actions of journalists who are setting the news agenda at RTÉ rather than letting eminently qualified politicians (i.e. Michael McDowell) do that for them. Public service broadcasting, he warns, “is in danger of losing its way”.
In fact, as readers of this paper will know, it’s only in recent years that RTÉ has lived up to its public service obligations and started to report both sides of the story from the North. That mightn’t play well with the minister but it’s what a free media is all about.
Expect a push against “a minority of journalists and programme makers” who have incurred the minister’s wrath because “they want to be political players”. Thank God for journalists in RTÉ, TG4 and RTÉ who are willing to think for themselves rather than regurgitate the pap of the thought police. They may, indeed, be a minority, as the minister says, but they must not be gagged by this right-wing minister.

Daily Ireland

by David Lynch
11/02/2006

Concern has been raised about the jailing of three bricklayers in Dublin yesterday for their part in a protest against a Dublin building firm which they claim refuses to employ local union workers.
“This is a basic case of displacement that we are all talking about at the moment. There are 200-odd bricklayers in this city out of work,” said another Dublin-based bricklayer who contacted Daily Ireland, but did not want to be identified.
“Across Dublin they [the employers] do not want to employ union labour, because if they do they have to look after such luxuries as toilet facilities, holidays, things like that.”
Billy McClurg, Keith Kelly and Andrew Clarke, three union members, were imprisoned for the weekend after admitting their roles in an ongoing community protest at a site in Ballybrack.
All three told Dublin’s High Court they would return to the picket line following the hearing, despite an official warning from trade union bosses, to desist from any action on the site.
Sentencing the men for contempt, Justice Mary Laffoy ordered them to reappear before the court on Monday morning.
The three men have been unemployed since November. They began their protest last Thursday at the Laurel Avenue site amid claims that Collen Construction and its subcontractors refused to employ workers from the local area and trade union members.
The construction company is building 70 new homes for Dún Laoghaire-Rathdown County Council.
Senior Counsel, Roddy Horan, representing Collen said ‘mob rule’ was running Ballybrack with workers being threatened and abused by the protesters.
He added that the site will be closing next week because of public safety concerns.
Refuting the allegations, Mr McClurg denied any bricklayers were threatened.
He added that he and his co-accused only wanted the chance to work on the site.
Members of their families shouted from the public gallery as the three were led away.
Political reaction was swift with Dún Laoghaire Sinn Féin representative, Michael Nolan, decribing the jailing as an “unjustifiably harsh action against what many will see as a legitimate protest”, and he called for their immediate release.
The Labour Party TD for Dún Laoghaire, Eamon Gilmore, also expressed “grave concern” about the jailing yesterday of the three men.
“The use of the courts is not an appropriate way to deal with problems of this kind,” he said.

Daily Ireland

by Ciarán Barnes
11/02/2006

Asbestos-related deaths in the North have reached a new five-year high, Daily Ireland can reveal.
During 2004, the last year for which statistics are available, 65 people died of asbestosis and mesothelioma – the highest figure recorded since the late 1990s.
The 2004 death toll represents a 15 per cent increase on asbestos-related deaths for the previous year, 2003, when 55 were recorded, and a 33 per cent increase on deaths for 2000, when 43 occurred.
News of the sharp rise in asbestos-related deaths come as Belfast residents prepare to stage a mass protest next week outside the site of a proposed asbestos dump.
Grove Services Group (GSG) wants to establish an asbestos storage plant on Kennedy Way in the west of the city, just yards from a large housing estate, nursery school and business park.
The residents’ protest will take place next Wednesday.
In sensitive company documentation obtained by Daily Ireland before Christmas, GSG admit that there is a high risk of residents living near the dump breathing in cancer-causing asbestos fibres.
There is also a high risk of asbestos escaping from bags being transported to the dump, and a medium risk of the deadly dust escaping during manual handling by plant workers. Despite this, GSG’s plans for the site have won planning permission.
The Department of the Environment (DOE) has also granted planning permission for the development of an asbestos dump at Crosshill Quarry, Co Antrim, despite bitter opposition from residents.
At the end of 2004, residents of Killala, Co Mayo, held a protest march against the opening of a €10 million (£6.88 million) asbestos recycling plant in the area.
With the asbestos issue set to come to the fore again this week, a Belfast solicitor who specialises in asbestos-related cases, spoke of the horrendous way in which victims die.
Michael Hollywood of Higgins, Hollywood and Deazley, told Daily Ireland there is no safe level of exposure.
He said: “Mesothelioma is an appalling condition and it is horrifying to watch someone die from this disease.
“In many cases people can die within a few months of diagnosis, the misery visited upon victims of mesothelioma cannot be over-emphasised. There is no cure for the disease, you can only get treatment to try and reduce the pain.”

Irish Examiner

13 February 2006

By Caroline O’Doherty and Noel Baker
CRIME capers don’t come much more sensational than the saga of the Northern Bank robbery.

Painstakingly plotted and brazenly executed, it netted the raiders one of the biggest cash hauls in history while the suspected involvement of the IRA plunged the peace process back into crisis mode.

Weeks later, however, it seemed the crime gang’s grand plan had come unravelled with almost comic consequences.

A stash of over £2 million (€2.93m) was found in a rural bungalow overlooked by a grotto to the Virgin Mary and a man was arrested at a train station in Dublin with a washing powder box full of money.

Another was discovered allegedly burning wads of notes in a wheelie bin and yet another although he disputes this account reportedly walked in unannounced to his local garda station and plopped a bag of money on the counter.

In another twist it was suggested that plans to buy a bank in Bulgaria to provide a one-stop money laundering shop had been foiled by the swoop.

Hailed as a major success for the gardaí and the Police Service of Northern Ireland (PSNI), the operation, now known as Operation Phoenix, was declared a breakthrough in the Northern Bank robbery probe and proof the authorities had the IRA racketeers on the run.

A year on, the excitement has died down and the gallop of events has slowed to a shuffle.

Developments have been more pronounced in the North where, 12 people have been arrested and questioned about the robbery and four have been charged with having roles in the raid.

Dominic McEvoy, 23, a building contractor from Co Down, was charged with the robbery, holding a bank employee and his wife hostage, and possession of a firearm.

Martin McAliskey, 42, a salesman from Co Tyrone, was charged with providing a vehicle for use in the robbery and British Telecom worker Peter Kelly, 30, from Co Down was charged with making and having records containing information likely to be of use to terrorists.

The fourth man charged with the robbery turned out to be Northern Bank official Chris Ward. The 24-year-old’s family had been held hostage while he was apparently forced to assist with the robbery and he had recalled his ordeal in detail in a BBC television programme.

In the Republic, just one person arrested as part of the investigation has been charged with anything. Don Bullman, a 31-year-old chef from Cork, faces trial in March for membership of an illegal organisation, the IRA.
Bullman was arrested at Heuston Station and it was during this operation that the washing powder box, containing over €80,000 worth of sterling notes, was discovered.

The only other person to see the inside of a court room as a result of Operation Phoenix was Phil Flynn.

Flynn’s offices were searched and an antique pen gun found in a drawer.

A charge of unlawful possession of a firearm was brought but the judge accepted the item was only of curiosity value to Flynn and he escaped a criminal conviction.

So what’s been happening behind the scenes and when will it translate into arrests, charges and convictions?

According to the gardaí, a lot of work has been going on.

The operation was put under the lead of Assistant Commissioner Martin Callinan, who has pulled together the strengths of the Garda Bureau of Fraud Investigation, the Criminal Assets Bureau, the National Bureau of Criminal Investigations, the Special Detective Unit, as well as local uniform and detective units in many districts around the country.

A dedicated liaison system is in place to ensure communication and co-operation between the gardaí and the PSNI.

Law enforcement agencies in other jurisdictions have also been consulted.

It has been one of the most successfully secretive investigations in recent times, with a virtual media black-out in effect that has prevented the usual leaks turning scraps of information into speculative stories.

Even the fresh series of raids that took place on businesses, offices and homes in a number of counties in Leinster in the last week of January remained unpublicised for some days.

Though they were carried out as part of Operation Phoenix, it is not clear if they were linked to the Northern Bank robbery and subsequent money laundering.

That’s not the only question that remains unanswered.

Superintendent Kevin Donohoe of the Garda Press Office confirmed that one file in relation to those offences has been submitted to the Director of Public Prosecutions and that “it is expected that file on the substantive part of the investigation will be submitted to the DPP within the next few weeks”.

Whether any of these files finger the Mr or Messrs Big in the whole scam is not at all certain. A massive gap exists between those ordinary joes in the North suspected of carrying out the aid and handymen in the South believed to have provided the money-laundering outlets.

Who was responsible for the planning and co-ordinating of the heist and subsequent cash dispersal is so far a mystery. One thing is clear though they needed to have significant standing and experience in the criminal/subversive world to have the clout and contacts to pull off such a scheme.

Sinn Féin have spent the last year feeling aggrieved at the suspicion that party members or associates in some way fill that gap, or at least have knowledge of who does.

Sinn Féin MPs in Westminster only last week had their allowances restored after they were withdrawn as a sanction for alleged party involvement in the raid.

Louth TD Arthur Morgan claims the robbery has been used for political motivations by those opposed to the peace process and opposed to Sinn Féin.

“Last February we had a number of people rush to judgement. Twelve months on there is not one iota of any evidence being produced so far to support those judgments,” he said.

He said he wanted those responsible for the raid and subsequent laundering attempts brought to justice but questioned the pace of progress in the investigation.

“It seems to be taking an inordinately long time. I just want those involved to get on with the job.”

That may be easier said than done. Sources have said that the prosecutions sought by gardai rely on evidence that is notoriously difficult to procure and prove, and every bank note seized during Operation Phoenix has been subjected to tests and retests to try to determine beyond doubt that it came from the Northern Bank raid.

The fact that little of the haul was recovered is of concern to Fine Gael justice spokesman Jim O’Keeffe. It was weeks after the raid before the Northern Bank began withdrawing notes in circulation and reissuing a new design of notes in a bid to render the remaining stolen money useless.

Said O’Keefe: “The vast bulk of money is unaccounted for. I would want the Criminal Assets Bureau and the Assets Recovery Agency (the Northern version of CAB) to ensure that money is not and can not be laundered. Essentially I want to see early results in this investigation.”

Labour justice spokesman Joe Costello is also concerned at the lack of visible progress and dearth of information relating to the investigation.

“What happens too often in these cases is that there is a big hullabaloo and then everything dies down and nobody knows what the true story is. Considering the political implications, it would be very useful if a public statement was made.

“The Garda Commissioner and the Chief Constable in the North had a joint meeting and press conference this time last year to outline what was going on. It would be no harm if they had another meeting and informed the public as to what is happening.”

Belfast Telegraph

Move hailed ‘important first step’

By Brian Walker
13 February 2006

A milestone will be reached in the political process on Thursday, when the Government publishes its long-awaited Bill to hand over justice and policing powers to a functioning Assembly.

The Bill also lays down new tougher rules for party political funding, apparently designed to clip Sinn Fein’s wings, and proposes new regulations for the electricity industry to damp down a future prices spiral.

Although vague before serious talking has started and probably not even legally necessary, the Bill is regarded as an essential political step in the talks process, and picks up on a commitment made by the Governments in the comprehensive agreement that collapsed in December 2004.

The Government is hoping that the Bill will provide a framework for the talks as they develop. Any adjustments of detail in the Belfast Agreement on the working of the Assembly and the Executive or the North-South institutions will be left out at this stage, pending agreement by the parties.

These will be added in the form of amendments if the parties meet the Governments’ deadline for a deal by April.

While the Bill removes a legal obstacle to a political agreement, its practical effect is likely to be slim.

Although hailed in advance by Sinn Fein Justice spokesman Gerry Kelly as “an important first step”, the two Governments and the other parties are not expecting publication to be followed by Sinn Fein joining the Policing Board and supporting the PSNI soon.

Even if the comprehensive agreement had succeeded, it could have taken up to two years for the justice and policing powers actually to have been handed over. Few involved in the talks believe the climate is easier today.

From speeches made by Gerry Adams and Mr Kelly since the New Year, Sinn Fein will only move on supporting the PSNI when the DUP have agreed to devolution and on “the particular model in which justice and policing could be transferred”.

Mr Kelly’s ambition to “take powers out of the hands of the securocrats” also looks problematical. While the Government has yet to declare its hand, party speculation is that powers over terrorism and national security will be reserved to Westminster indefinitely.

This would mean that the Chief Constable would continue to report to the Secretary of State rather than to a local minister on such matters, including a continuing role for MI5, however much of an anathema that may be to Sinn Fein and opposed by the SDLP.

Belfast Telegraph

By Chris Thornton
13 February 2006

The Government’s steps to devolve justice powers to Belfast this week will be rendered meaningless by MI5’s enhanced powers, the SDLP claimed today.

Assembly member Alban Maginness said the plans to take responsibility for intelligence gathering from the PSNI and hand it over to the Security Service next year will be “a retrograde and damaging step”.

On Thursday the Government will publish legislation giving Secretary of State Peter Hain the power to sign away justice powers to a devolved administration at Stormont - a key Sinn Fein demand if the party is to support policing.

A discussion document will accompany the legislation, and it is expected to underline that by the time justice powers go from London to Belfast, primacy in intelligence gathering will have gone the other way.

MI5 is due to take over lead responsibility for intelligence gathering next year. Pilot work is already under way.

Mr Maginness said the transfer will bypass the oversight mechanisms put in place for the PSNI.

“Just when the PSNI arrangements for sharing intelligence and handling informers were overhauled, the British Government have decided to recreate the old problem by giving intelligence gathering to MI5,” he said.

“Worse, because crime and paramilitarism go hand in hand, MI5 will gradually look to expand its role into serious crime too. And devolution of justice will be meaningless. The goal of nationalists and unionists underwriting each other’s security will be lost.”

He said giving intelligence responsibility to “the faceless men of MI5″ is “unacceptable”.

“It is bad for politics, bad for policing and bad for the peace process,” he said.

Mr Maginness also attacked Sinn Fein over the issue, saying they “have had their eye off the ball”.

“Repeatedly we have warned Sinn Fein that their demands for disbandment of Special Branch would only lead to MI5 getting primacy,” he said. “For their own reasons Sinn Fein have preferred to deny the extent of change in the PSNI. Meanwhile, they have been as good as silent about MI5.

“Real accountability is diminished if primacy goes to MI5.”

BBC

An all-Ireland police intelligence agency would be the most effective way to tackle criminals and paramilitaries, the SDLP has said.

The party made the call in a 24-page document entitled “North-South Makes Sense”.

It also called for an all-Ireland criminal assets bureau and sex offenders register.

The document proposes closer health, economic, farming, education, housing, environment and transport links.

SDLP leader Mark Durkan said unionists should not fear such cross-border cooperation.

“People who are unionist, nationalist or neither should have nothing to fear from dynamic north-south co-operation,” he said.

“We are all losers without it.”

The party said criminals who exploit different jurisdictions would be best targeted through all-Ireland mechanisms.

An all-Ireland intelligence agency would be staffed by officers from the PSNI and Garda, the party said.

Scotland

However, the DUP has published a document calling for greater east-west cooperation between Northern Ireland and Scotland.

The party’s MEP, Jim Allister, said the two countries had “well-documented and irrefutable historical links”.

“The problems afflicting both countries are common, namely poor transportation infrastructure, the decline of heavy industry and textiles and an underdeveloped tourism potential,” Mr Allister said.

“Bearing this reality in mind, the most obvious and natural area of cooperation is cooperation undertaken on an east-west basis, rather than the unnatural and politically-motivated north-southery.”