SAOIRSE32

Impartial Reporter
3 July 2008

Seven months after she was suspended from Sinn Fein, Councillor Bernice Swift decided at the weekend she would resign from the party she has been involved with since she was a teenager.

Making her decision public on Tuesday, she has spoken about how facing a lack of “correct disciplinary procedures and due process” from the party made her take the decision to resign. Her original suspension had been made after she made critical comments about District Policing Partnerships (DPP) to the local media last year.

Just as Sinn Fein has taken over the chair of Fermanagh District Council, it has been dealt a blow with the resignation of one of its number. Still the dominant party in the Council, it now has seven councillors, as opposed to the nine originally elected. Councillor Gerry McHugh resigned last year and now Councillor Swift will join him on the Independent benches.

“It is the lack of the party itself following due process, not adhering to its own disciplinary rules or procedures. For any Sinn Fein member or party activist or elected representative, it becomes very confusing with a raft of disjointed rules. To be talking about embracing law and order, they should be adhering to their own law and order,” she said.

“I can safely say I feel relieved. I have made my decision. I feel great today. I have been overwhelmed with lots of supportive messages, texts and emails. I have been delighted with the responses. No, I am not sad. I was very sad and disappointed at the suspension in the first place. Today I am happy. I am a woman of conviction. I stand on principle. I stand up for my own rights and the rights of the electorate. I have absolutely no regrets,” she said yesterday (Wednesday).

“It just came to a point that enough time had passed really to properly and effectively deal with this small situation. So I just made the decision to resign. I had been extremely patient and there did seem to be procrastination. I just made the decision that I wasn’t prepared to wait any longer because there certainly did not seem to be a spirit of generosity to deal with the situation”.

Her solicitor Mr. Pat Fahy explained that Ms. Swift had not been given any written statement of allegation in relation to a breach of party rules against her prior to being suspended. It was after she was suspended there was a written decision given to her which outlined the complaints against her. And this was not, and should have been, written by party chairperson Ms. Marylou McDonald. “It was flawed in that regard,” he said.

“It was wrong from the start. That is why I challenged the process. It was an inability to deal with that and acknowledge wrong doing and certainly at no point was any apology forthcoming,” said Ms. Swift.

Mr. Fahy explained that subsequently she was summoned to a disciplinary hearing which he attended with her. “What we were arguing was that the disciplinary procedures were not properly followed. As far as the tribunal was concerned, it was intent on dealing with the issues which grounded the complaint against her. The disciplinary hearing broke up without us addressing the issues of the complaint at all simply because they were not willing to show us the proper procedures had been carried out,” said Mr. Fahy.

“Subsequent to that, in November she was advised she had been found guilty of the complaint and she was being put on probation for a year. I indicated to them that I did not accept this type of punishment was proper and fair for the reason that we did not believe that the procedures had been properly followed.

“Then there was an internal inquiry and I spoke to them. I was making clear to them that other councillors in Strabane had done exactly the same thing and were not subject to any disciplinary procedures.

“They came back and said they were proposing another inquiry which I considered to be a tacit admission that the first enquiry had been flawed. At this stage we were still looking to see if proper procedure is going to be observed. That is something we would welcome. They refused to lift the suspension. It was at that stage Bernice took the decision that she had had enough and wasn’t willing to stay within the party.

“It was a contradiction to say they were going to have another inquiry and at the same time keep the punishment which had been in place in relation to the first inquiry,” he said.

Ms. Swift, a Derrygonnelly native and Project Manager of Firinne working on behalf of victims of state violence, said she received the letter at the weekend that the party was going ahead with another re-investigation on July 18 in south Armagh. “I decided to decline on that kind offer,” she said.

She said that despite her and Mr. Fahy’s best efforts to try to resolve her suspension, these efforts were “constantly frustrated by elements within Sinn Fein pursuing an alternative agenda”. She had no alternative but to resign, she added.

She had considered her position within the party at the time the policing debate was taking place.

“In light of the appeal by Gerry Adams and others for unity and for those who were opposed to involvement with British policing to remain within the party, I believed there was still a place for divergent opinion,” she said.

“When considering the detail of the complaint made against me, there is an interesting contrast with the five male Sinn Fein Councillors in Strabane who publicly refused to sit on the DPP. My five colleagues went unsanctioned by the party and were quickly welcomed back into Sinn Fein structures,” she said.

Councillor Gerry McHugh, who also recently resigned from Sinn Fein commented: “The big issue, over and above policing, is the undemocratic nature of the party, the lack of equality and willingness shown to people at rank and file level. This is the reason why this is happening”.

Sinn Fein Councillor Domhnall O’Cobhtaigh has called for Ms. Swift to resign her Council seat, a call which Ms. Swift has rejected.

By Ronan McSherry
Ulster Herald
**Via Newshound
3 July 2008

A republican parade proposed for Pomeroy on Saturday has whipped up a storm of controversy after Unionists reacted with outrage to plans to hold the commemoration on the 20th anniversary of Seamus Woods, an IRA volunteer. The 23-year old was killed during an attack on the Pomeroy RUC station on July 7, 1988 when a mortar bomb exploded prematurely.

A protest against the commemoration has been lodged with the Parades Commission by the ‘Pomeroy Residents and Victims Group.’ The parade planned for 7.30pm intends to leave Pomeroy Plunketts football grounds and march to the Republican Monument at Lucy Street. It will also feature a tug-of-war, children’s’ activities and an entertainment slide show.

Sinn Féin councillor for the area Oliver Molloy said he is astonished by the reaction to the parade. “It amazes me that a parade in a predominately nationalist village is causing such controversy,” he said.

“It is a bit rich to be lectured from a side that parades in the village several times a year. The parade is a one-off for an anniversary. We have chosen only to mark such occasions as opposed to every year. It is a commemoration to a member of the community who lived here. The circumstances have changed over the years and while times have moved on, it is not right that we should forget the past.”

South Armagh campaigner Willie Frazer condemned plans that were in place for Deputy First Minister Martin McGuinness to speak at the parade, however Sinn Féin has confirmed that Junior Minister Gerry Kelly will be the speaker.

Frazer said local IRA victims were ‘disgusted’ by the parade, particularly because he said it would pass a Protestant church where some of the victims are buried. He met the Parades Commission to discuss the route for Saturday’s parade.

“Victims from the community are so disgusted by the parade they have told me they are thinking of moving out of the area,” he said. “This comes from people who have lived through the worst of the Troubles, but for them this is the last straw. This blatant glorification of terrorism gives the lie to the pretense that Sinn Féin is now in the camp of law keepers, not law breakers.”

However Sinn Féin’s Francie Molloy said the parade would be ‘dignified’ before describing Mr Frazer as a ‘failed political maverick.’

On going to press the Parades Commission had not made their determination regarding the proposed commemoration.

BBC
4 July 2008

Eleven serving and former police officers have been forced from their homes by dissident republican threats in the last year, it has been revealed.

Another police officer moved after being targeted by loyalists. Two prison officers were also affected.

The information came to light through a Parliamentary question tabled by DUP Upper Bann MP David Simpson.

“There is a tremendous threat out there,” said a Police Federation spokesman.”

“It is extremely serious and it means that the officer’s life and that of his family is at immediate risk.”

Republican splinter groups have been behind five murder bids on police officers since Sinn Fein signed up to support the service last year.

Bomb

Thes include an incident last month in which the Continuity IRA detonated a roadside bomb in County Fermanagh, slightly injuring two policemen.

Dissident republicans have also been blamed for four civilian killings, including the fatal shooting of Emmett Shiels, 22, in Derry last week.

BBC

Community groups in Derry are to launch a public petition urging dissident republicans in the city to disband.

The petition is to be launched in Derry on Monday

Video clip

The campaign, which is to be launched on Monday, is in response to the murder of Emmett Shiels in Creggan on June 24.

The petition is supported by local republicans.

Tony Doherty from the Bogside and Brandywell Initiative said it will show the public’s revulsion at the murder.

“A number of people have been talking at community level about whether we should stand aside and allow this type of activity to continue and arguably worsen.

“Those of us who have a grounding in the community and a background in politics and community building in the city, should we not stand together against what is happening and try and build a consensus,” he said.

Derry Journal

The first legacy inquest dealing with controversial deaths from the troubles in Northern Ireland has ended in Derry with the jury unanimously finding that the British army was ultimately responsible for the death of a rioter in the city almost twelve years ago.

Dermot McShane, (35), a machine operator from Hollymount Park in the Waterside area of the city, was crushed to death when a British army Saxon vehicle struck a wooden hoarding he was sheltering behind during Drumcree related rioting on July 13, 1996. He was a former member of the I.N.L.A.

During the disturbances, which were centred in the Little James’ Street area of Derry, the police fired 946 baton rounds and 1,200 petrol bombs were thrown by rioters.

Police, military and civilian witness told the jury that the rioting was the worse ever experienced in Derry throughout the troubles.

In their findings, the eight jurors said that there was confusion and a breakdown of communication between army and R.U.C. personnel resulting in a situation where procedures were not followed.

“The R.U.C. gave direct orders to military personnel, no top cover was used during the driving of the Saxon. The Saxon did not give a warning to the crowd and the barrier was punched through rather than pushed through. Another contributory cause was Mr. McShane’s presence on the rioters’ front line”, the jury forewoman told Coroner Brian Sherrard.

The forewoman added that there was also confusion among R.U.C. officers due to limited planning, team briefings and personnel numbers.

“The military was ultimately in charge of the Saxon involved in the incident. It should not have advanced until the direct order was received from the military commanding officer. The military Saxon driving procedures were not adhered to as top cover was not in place during the advance. The result of these factors was that the hoarding was inappropriately removed.

“Mr. McShane, whilst under the influence of alcohol, was involved in the rioting. He may not have been involved in throwing petrol bombs but he was providing cover for others advancing to police lines. Others who had a role in Mr. McShane’s death were the other rioters who contributed to the intensity of the night and in particular those who abandoned Mr. McShane in a drunken state behind the hoarding while the Saxon advanced”, she added.

The jury also found that the cause of Mr. McShane’s death was multiple injuries. After the jury’s unanimous findings, a brother-in-law of Mr. McShane, Peter Gillen, said the family were relieved that the hearings had ended and they were happy with the findings.

Offering his condolences to the McShane family, the Coroner said the victim had lost his life in particularly terrible circumstances.

“It clearly still has an enormous impact on his family members who attended every day of the Inquest. We all, I am sure, hope that such occurrences are now consigned to history in our country”, he said.

BBC

An inquest jury has criticised the security forces over the death of a rioter who was crushed by an Army vehicle in Derry 12 years ago.

The inquest was heard at Bishop Street Courthouse in Derry

Dermot McShane, 35, a former INLA man, was run over by an Army Saxon vehicle as he sheltered behind a hoarding.

The jury unanimously found that the proper military procedures were not followed, and communication between the police and army had broken down.

They also found that other rioters had left Mr McShane in a drunken state.

Mr McShane’s brother-in-law, Peter Gillen, said the family was “deeply relieved” the inquest was over.

“As a family we are happy with the verdict the jury has returned here today.”

The inquest, at Derry Crown Court, heard 17 days of evidence from 60 witnesses.

It was revealed that during the disturbances in July 1996 the security forces fired 946 plastic bullets.

1,200 petrol bombs were thrown by rioters.

The driver of the army vehicle and another soldier refused to give evidence.

News Letter

Exiled UDA leader Johnny Adair is reportedly in the final stages of returning to Northern Ireland.

The loyalist leader was exiled from the Shankill Road area of Belfast by rivals in 2005 and has since been living in Great Britain.

Media reports claim that Adair has been seen in Antrim with his son, Jonathan.

According to one report, he said: “I can confirm that I’m back in Northern Ireland at the moment and am in the final stages of buying a property here.

“When that is completed I intend to return to the Province to set up my own security company.”

“I was once jailed for directing terrorism but now I’m directing a successful security company and making loads of money.

“I have 17 people working for me in places like Manchester, Warrington and Scotland.

“I am a legitimate businessman with an accountant and everything.”

BBC

Twelve ex-soldiers have lost their High Court attempt to stop the Rosemary Nelson Inquiry revealing their names.

Rosemary Nelson died in a car bomb in March 1999

The ex-RIR soldiers said they feared being targeted if named, but Mr Justice Weatherup held the public interest in the transparency outweighed any risks.

Their application for judicial review of a decision by the tribunal examining collusion allegations was dismissed.

They will not be called to give oral evidence but the book of evidence and the inquiry website will name them.

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.

Inquiry’s remit

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.

The soldiers’ lawyer had claimed that since leaving the Army they had continued to avoid being identified as former RIR soldiers.

The lawyer said they feared they would be targeted by dissident republican elements, as membership of the regiment was perceived as demonstrating some sort of affinity with loyalism.

By Roisin McManus
Belfast Media
3 July 2008

Loyalist thugs who intimidated a Catholic family out of Stoneyford are believed to behind a chilling message which was unwittingly read out on BBC Radio Ulster in recent days.

On the popular Gerry Anderson show on Friday – which was being hosted by John Toal – the following message was read out: ‘Can you please shout out a big bye bye to the Braniff family from all the boys in Stoneyford?’

The Catholic Braniff family has been subjected to a long campaign of intimidation by loyalists in Stoneyford.

Their home in Stoneyford was attacked on numerous occasions and they received death threats.

Sean Braniff said that he is in no doubt that loyalists are behind the message. He said that although his family has moved out of Stoneyford it is obvious that the intimidation hasn’t stopped.

He and his young family fled the village in March while other family members left the village last week after being subjected to intimidation.

“This is obviously a cynical message,” said Sean. “I’m angry.

“I believe that the BBC should be more responsible.”

Sinn Féin MLA Paul Butler has called on the BBC to apologise to members of the Braniff family.

“It is clear that this request related to the latest sectarian attack in the village on three generations of the same family,” said Paul Butler.

“While the presenter of the programme would obviously not be aware of any malice in the request it has caused more hurt to a family who are still coming to terms with being intimidated out of their homes.”

Paul Butler said the PSNI should also investigate with the BBC the source of the bogus request and take action if possible.

A spokesman for the BBC said that BBC Northern Ireland has been made aware of this issue and is currently looking in to it.

“BBC Radio Ulster receives a high volume of requests for its live programming,” he said.

“These are read out live on air in good faith and are an important part our audience’s interaction with the station.

“BBC Radio Ulster does take considerable care to avoid broadcasting comments which are inappropriate and would never knowingly transmit intimidating or threatening remarks.

“We regret the obvious distress which this request has caused.

“This was not our intention,” he added.

Belfast Telegraph
Friday 4, July 2008

On the eve of ‘Drumcree 14′, Portadown’s District Orange Master has revealed why he and his fellow officers agreed to meet Sinn Fein’s Gerry Adams to discuss the controversial parades issue.

“It wasn’t our idea to meet Gerry Adams,” said Darryl Hewitt.

“A Portadown businessman told us he could arrange the meeting and suggested it might be a good idea to explain the Orange ethos to the Sinn Fein leader.”

Orangemen will be denied from marching down the nationalist Garvaghy Road in Portadown this Sunday for the 11th successive year.

The Garvaghy Road dispute has been the site of some of the most violent scenes in Northern Ireland as communities clash over the contentious march.

Speaking about the meeting with Gerry Adams Mr Hewitt said: “The officers discussed the issue and, having been given carte blanche some time ago by the rank-and-file members to talk to whoever we felt would benefit the Orange cause, we decided to go ahead.”

The businessman — undertaker Ian Milne — chaired the meeting with Adams, which included Portadown officers David Jones and Nigel Dawson.

Mr Hewitt said: “Gerry Adams had an aide with him, who did not contribute — it was a straight-talking question and answers session and he now understands more about the Orange Order.

“We told him the Order was community and family orientated — much the same as the GAA on the nationalist side — and we gave him an insight on how much the parading issue means to us.

“We underlined that the Drumcree parade was to and from a Christian service which commemorates the fallen of the Somme.”

The District Master went on: “We also impressed on him our determination for face-to-face talks with the Garvaghy Road Residents Coalition and our disappointment that the residents were turning their backs on that.

“To be fair to Gerry Adams, he would favour talks, but it’s not in his gift. Sinn Fein, in my view, put him in as a foot soldier to stop the Drumcree parade, but the foot soldier is now the general and is out of their control.

“We also asked Gerry Adams to explain his infamous Meath speech when he said that the ending of the Drumcree parade took four years in the planning.

“He claimed that he was misquoted, but I take that with a pinch of salt.

“For his part, he commented on the Ian Paisley-David Trimble so-called victory jig after the parade was forced through in the late 1990s, and we replied that both men had since been First Minister and had embraced power sharing — that things had moved on, and so should the Drumcree issue. I think he took the point.

“It was a frank, courteous meeting — it wasn’t a case of drinks round the tables, lads — and I hope he knows more about the Orange Order as a result.

“We left him in no doubt we were determined to return to Portadown via the Garvaghy Road. To coin his own phrase, we haven’t gone away, you know.”

Noel McAdam
Belfast Telegraph
Friday 4, July 2008 - 09:15]

Friday night on the hill, and Arlene is serving the fry-ups. Inside the tiny white hut at Drumcree, where the carpet is divided by a kerbstone, it is cosy and warm.

Outside four or five bright lights illuminate the overhead sign: “Here we stand… we can do no other.”

The Hillside Cafe is in full swing, as it has been most nights for coming up on 10 years.

Apart from Saturdays — “well, we like to give Arlene a bit of a break,” Davey quips — the makeshift eatery is open every night of the week.

Sunday is ice-cream night, Wednesday it’s chips and then, on usually the best-attended night, come the huge bacon and fried bread-filled baskets. ” Well, it is fry-day,” George jokes.

The most obvious fact is that these people are here to stay.

Yet while those who turn up regularly come to enjoy an evening of craic and friendship, their whole desire is to see the cafe closed down.

For the very day after Portadown Loyal Orange Lodge Number One ever gets to complete its homeward walk from Sunday service at Drumcree Church of Ireland to the Order’s HQ in Carleton Street, via the contentious Garvaghy Road, the hut will be dismantled.

Tonight there are 11 people altogether, eight men and three women, including Arlene, in the hut. The numbers rarely rise above 15 or 20.

As new fry supplies are handed round, the chat falls and rises. Someone says they have spotted fresh Tricolours going up along the lower half of the Garvaghy Road, less than half a mile away. Across the other side of town, men are erected Union flags on almost every lampost along the Brownstown Road and Rectory estate.

“There’s a split among the people of Garvaghy, you know,” George argues. “The people at the top of the road are not the same way as those at the bottom.”

Spirits in the hut are high because many of those arriving have just come from the re-opening of Seagoe Orange hall refurbished at an estimated cost of £15,000. Less than a year ago, it joined the long list of other Orange halls damaged in arson attacks. Everyone agrees Seagoe, where a church parade still takes place the same day as Drumcree, has never looked better.

This Saturday night another hall dedication, at Derrycarne, takes place and building work is nearing completion at Derrykeevan. While the numbers in the hut are relatively few, some say there has been a bit of a recruitment surge in local lodges lately.

But still no word of a walk down Garvaghy. Yet every Sunday in life lodge members parade after morning worship down to police lines where they usually hand in a letter of protest.

This year, however, there has been less word than ever. While district leaders this week met new DUP leader Peter Robinson and deputy leader Nigel Dodds for inconclusive talks, outside Portadown the Drumcree ‘issue’ has long faded from the radar screen.

“I have come to wonder if we will ever get down,” one veteran attendee admits. “I do think also that apart from Portadown there are even not many Orangemen who really care much about it.”

The tea comes out, hot and milky. There’s a bit of a dispute over claims that somebody walked out “the whole cut” to Seagoe earlier in the evening for the band parade. “Has he never heard of taxis?” John wants to know.

The walls are festooned with photographs and items of memorabilia, including press cuttings dating back to the mid-1980s when Obins Street rather than Garvaghy was the flashpoint area in the town and the late George Seawright was making headlines for the wrong reasons.

On the back wall is a mocked-up photograph of Gerry Adams and Martin McGuinness, resplendent in their Orange sashes out on the march with the brethren. “Jeepers, these days you wouldn’t rule it out,” somebody says.

“We’d have to change the rules a bit, mind,” district master Daryl Hewitt, just landed in from the Seagoe celebrations, remarks.

He likes to get out to the hut twice a week or so, but doesn’t always make it. “I would think many people, even in the Orange Order, would not know this place is here.

“But it is a vigil, it is a witness.”

Some of the others say that, while they have not heard much media talk about the Drumcree dispute, they have no doubt that Hewitt is working hard behind the scenes.

Literally following in the footsteps of past luminaries like the late Harold Gracey, whose photo also dons the hut, the district master has to be careful to manage expectations.

At monthly district meetings he has a reputation for playing it straight.

But Hewitt has little doubt that, eventually, a solution will be found.

As the clock turns towards 11, the talk turns to the state of the country. Petrol prices, food prices, house prices and so on. Suddenly a 12-year stand-off over a Sunday afternoon parade takes on a different context. And I head home.