SAOIRSE32

BBC
6 May 2008

The Assembly has voted in favour of giving the first and deputy first ministers the option to appoint a Chief Victims’ Commissioner in the future.

The compromise backed by the DUP and Sinn Fein, followed a series of delays to the Victims’ Bill required to give the new commission legal authority.

The bill has been withdrawn at the last moment on two previous occasions.

The DUP and Sinn Fein disagreed over an Alliance idea for a chief commissioner to lead the four-strong body.

Eventually assembly members voted by 49 votes to 30 to back a compromise which gives the first and deputy first ministers power to appoint a chief commissioner in the future.

MLAs also backed a proposal which will only allow the commission to employ someone with a criminal conviction if the first and deputy first ministers give their prior approval.

That amendment came in response to an Ulster Unionist proposal which would have stopped the appointment of anyone convicted in relation to a conflict related incident.

In January, details of Northern Ireland’s victims’ commissioners were revealed.

The four commissioners include broadcaster Mike Nesbitt and ex-interim victims’ commissioner Bertha McDougall whose RUC Reservist husband was murdered by the republican INLA.

The others are Patricia MacBride, whose brother was killed by the SAS and whose father died 17 months after being shot by loyalists, and Brendan McAllister of Mediation NI.

All four posts are full-time and receive the full advertised salary of £65,000.

The post is intended to promote the interests of victims of the Troubles.

BBC
6 May 2008

The High Court has granted 12 soldiers permission to challenge the refusal of anonymity by the inquiry into solicitor Rosemary Nelson’s murder.

Rosemary Nelson died in a car bomb in March 1999

The Royal Irish Regiment witnesses want the protection amid fears they could be put at risk from dissident republicans if their identities are made public.

A judge granted them leave to apply for a judicial review of the decision.

Mrs Nelson, 40, died after a booby-trap bomb left by loyalists exploded under her car in March 1999.

Retired judge Sir Michael Morland is chairing a three-strong panel examining alleged security force collusion.

A lawyer for the soldiers told Tuesday’s hearing in Belfast: “We say the names in this case would be of interest only to dissident terrorists.”

He said withholding their identities would have no impact on the inquiry’s ability to do its job properly.

Under its remit, the inquiry must determine whether the Royal Ulster Constabulary (RUC), Northern Ireland Office (NIO), Army or other state agency facilitated the murder, or blocked attempts to investigate it.

The collusion allegations arose because of Mrs Nelson’s role as the legal representative in a number of high profile cases, including that of the nationalist Garvaghy Road Residents’ Coalition in Portadown.

More than 100 witnesses, including the soldiers, are expected to give evidence to the three-strong panel chaired by Sir Michael.

Interim order

A lawyer for the inquiry said there were compelling reasons for naming the soldiers.

“The family of Rosemary Nelson rightly expect that acts of public servants and working practices of the state shall, if possible, be scrutinised in public by the inquiry,” she said.

Mr Justice Weatherup accepted proper consideration was given to the areas of greatest dissident republican activity and their relation to where witnesses live and work.

He ruled that an arguable case had been established on the grounds of compelling justification needed to refuse anonymity.

The case will now be taken to a full judicial review hearing next month, with an interim order banning any publication of the soldiers’ names also imposed.

Last September, a Police Ombudsman report found that threats made against her months before she was murdered were not properly investigated by the RUC.

The inquiry, which opened in 2005 to set out its terms of reference, has already gathered tens of thousands of documents.

Established by former Secretary of State for Northern Ireland Paul Murphy in November 2004, the hearings could last for at least two years.

The inquiry panel is also comprised of Dame Valerie Strachan, former chairman of the board of Customs and Excise, and Sir Anthony Burden, former chief constable of South Wales Police.