SAOIRSE32

17/9/2008

Conviction of IRA youth member referred to appeal court

Breaking News.ie
17/09/2008

The conviction of an alleged IRA youth wing member is to be referred to the Court of Appeal amid question marks over his confession three decades ago, it was revealed today.

Joseph Fitzpatrick, now aged in his 40s, pleaded guilty to the republican group membership during his original Belfast trial because he believed protest futile.

That followed his confession in a police holding cell at the notorious Castlereagh holding centre, Belfast.

He was also convicted of arson and conspiracy to provide information to terrorists in November 1977 and sentenced to five years imprisonment.

A spokesman for the the Criminal Cases Review Commission (CCRC) said: “Having considered a range of issues, including the circumstances in which he confessed, the CCRC has decided to refer the case to the Northern Ireland Court of Appeal.”

The Commission is an independent public body established to consider possible miscarriages of justice.

Mr Fitzpatrick was arrested in March 1977 aged 16.

He pleaded guilty to membership of a proscribed organisation, the youth wing of the IRA Fianna, and conspiracy to provide information to terrorists.

His lawyer, Patricia Coyle from Harte Coyle Collins Solicitors, said: “The importance of this referral lies in the fact that Mr Fitzpatrick did not run a trial in 1977 on the basis that it was futile to do so.

“Despite his plea of guilty at the time and the absence of an appeal, the CCRC has nonetheless referred this case back to the Northern Ireland Court of Appeal because of the circumstances of his detention and the extraction of the alleged confession.”

SADNESS AT DEATH OF BATTLING MARLEY

Newtownabbey Today
Wednesday, 17th September 2008

**See also Mickey Marley’s old horse found close to death

A HORSE thought to have belonged to children’s entertainer Mickey Marley has passed away peacefully at an Animal Sanctuary, it can be revealed.

Named Marley, he sadly passed away in the early hours of last Tuesday September 9.

In August Marley been rescued in an emaciated state from boglands at Mallusk where he had been left to starve. He was taken to Crosskennan Lane Animal Sanctuary (CLAS) where he was cared for by its volunteers.

When he was found a decision was made to give this old horse the best possible chance of recovery. Volunteers worked tirelessly, day and night, dealing with the ailments associated with old age. His warm mash feed, supplemented with probiotics, herbs and veterinary medication, was given every two hours.

Lyn Friel, the sanctuary’s founder and manager, said: “His spirit, that so impressed everyone on the first evening, continued to impress on a daily basis. After a day or two it seemed as if he had been at the sanctuary all his life, knowing his way around to the garden. He even had his own chosen friend, Sorley, a stallion who is one of the most nervous residents - on one occasion spending time together in Marley’s stable.

“At feeding time his vocal encouragement meant he was never late receiving his mash. He even came looking for his feeds if someone’s watch was obviously slow, his body clock was always just right.”

“With everything that was being done, his condition was improving and he had put on some weight. He was well enough to join in with one of the ‘Animals Helping People’ groups that the sanctuary run. This particular group of young people, all around 11years old, had met Marley when he first arrived and were amazed by the difference that four weeks had made to him. The group were able to feed, groom and lead Marley, his lovely temperament making it a special and memorable occasion.

“Marley’s last evening was spent in the garden, contentedly picking at grass. At 1am he whinnied heartily for his feed, which he finished in his stable. He passed away peacefully during the night

Lyn added: “Whether or not this was Mickey Marley’s horse, he was a horse in big trouble. Although his stay at Crosskennan was brief, he enjoyed a good quality of life and was happy and content for all of it. CLAS also feel it has benefited from knowing Marley - their knowledge of the conditions and treatment of older horses has increased.”

Since details of Marley’s plight were featured in the Press, people have contacted the sanctuary looking for help with older horses.

The sanctuary are delighted to help in any way possible with such queries.

Crosskennan are grateful to everyone who came forward to help with donations and sponsorship, vets who were kind enough to research Marley’s condition, Connollys Red Mills and Global Herbs for supplies and Linda Leslie at Equi-biz who sourced an Aero Mask that unfortunately Marley did not live to benefit from.

A special thanks must go to all the young volunteers that bathed, fed, groomed, walked and spent quality time with Marley.

Marley’s stay at CLAS may have been short but his legacy will continue to help horses for many years through the Marley Memorial Fund which the sanctuary has now set up.

Please help Crosskennan in any way you can to continue their work to help horses like Marley, and through education make cases such as this a thing of the past. Your help with fundraising is crucial. Crosskennan Lane Animal Sanctuary desperately need your help. Tel: 028 9446 5384 or email: crosskennan@hotmail.co.uk For more information on the work of the sanctuary visit www.crosskennanlane.org.uk.

DEVLIN MURDER CHARGE DECISION UNDER REVIEW

Newtownabbey Today
18 September 2008

A DECISION not to charge a man with the murder of north Belfast schoolboy Thomas Devlin is being reviewed by prosecutors, the High Court has been told.

The development was confirmed by a Crown lawyer as Nigel James Brown (25) of Whitewell Road, Newtownabbey - the only person so far to face criminal proceedings in connection with the knife attack - had his bail revoked.

Brown is accused of attempted grievous bodily harm with intent on a friend of 15-year-old Thomas, who was stabbed to death close to his home in August 2005.

He allegedly tried to strike Jonathan McKee with a stick or baton on the night of the murder, prosecuting counsel Amanda Brady told the High Court.

Ms. Brady said another man is believed to have stabbed Thomas and also inflicted injuries on Jonathan.

She stated that a preliminary inquiry hearing in the case against Brown had been put back earlier this month.

“It was adjourned at the request of the Public Prosecution Service because the Devlin family are challenging the prosecution decision not to prosecute this applicant for the murder of Thomas Devlin,” said Ms. Brady.

“The Public Prosecution Service are presently reviewing that decision and the preliminary inquiry has been adjourned until September 23.”

Brown was recommitted into custody.

PM announces review of GCHQ tapes

BBC
17 Sept 2008

Prime Minister Gordon Brown has announced a review of intelligence material from the Omagh bomb.

The move follows an investigation by the BBC’s Panorama programme.

It revealed that GCHQ was monitoring Real IRA phone conversations as the bombers drove the device into the town in August 1998.

Twenty-nine people and unborn twins were killed in the attack, which was the worst single atrocity of the Troubles, in Northern Ireland.

The Cabinet Office said the review should be completed within three months.

A spokesman said:”The Prime Minister has invited the Rt Hon Sir Peter Gibson, the Intelligence Services Commissioner, to review the intercepted intelligence material available to the security and intelligence agencies in relation to the Omagh bombing and how it was shared.”

Four on trial over killing of journalist Martin O’Hagan

Newsman shot after night out

By Emily Moulton
Belfast Telegraph
Wednesday, 17 September 2008

The family of a man charged in connection with the murder of investigative journalist Martin O’Hagan has gone into hiding, a court was told yesterday.

Four men appeared in the dock at Lisburn Magistrate’s Court charged in connection with the shooting of the Sunday World reporter on September 28, 2001.

Neil Hyde (28), from Princeton Avenue in Lurgan, and Nigel William Leckey (43), from Bowens Lane, also in Lurgan, were accused of killing Mr O’Hagan.

He was gunned down as he walked home from a pub with his wife Marie. He was shot three times by a gunman who pulled up beside the couple just metres from their Lurgan home.

A third man, Robin Andrew “Billy” King (42), described in court as a leading member of the LVF in the Mid-Ulster area, was accused of trying to destroy or conceal a silver Subaru Impreza.

Mark Kennedy (28), of no fixed address, was accused of helping to facilitate the disposal or concealment of the getaway car and impeding the apprehension of the offenders. All four men appeared in the dock separately.

Kennedy was granted bail, but the other three defendants, who were handcuffed in the dock, were remanded in custody and will reappear at Craigavon court house via video link on October 10.

During the hearing, Detective Sergeant Michael Hamilton, who was in court to connect all four to the charges, urged District Judge Rosie Waters not to grant bail to King and Leckey because he feared they might intimidate witnesses, abscond or commit further offences.

He told the court that police believe King, who was on license from prison, was a leading member of the LVF in Mid-Ulster and posed a threat to witnesses.

He said: “I feel any witnesses in relation to this case would be safe if King was in custody. He has a ring of support around him. If he was out he would seek out witnesses which would be of very grave concern to me in respect of the investigation.”

Det Sgt Hamilton then revealed that one family had already been forced to flee.

“We have had various threats, a ring of intimidation,” he told the court. “A family of a co-accused has received threats and intimidation. They have been forced to leave their home.

“I am also aware of a solicitor who has discharged himself from the case out of fear for himself and his family. I also feel he [King] is likely to abscond. His brother is also wanted in connection with this murder and police are currently searching for him.”

Det Sgt Hamilton then told the court that police were searching for Andrew “Drew” King in connection with the murder when he was asked why he was opposing bail.

Mr O’Hagan (51), developed a reputation for breaking stories on paramilitary activity. He was the first journalist to be killed during the Northern Ireland Troubles.

New council boundaries outlined

BBC
17 Sept 2008

The boundaries and names of Northern Ireland’s proposed new local government districts have been unveiled.


Belfast City Council is to swell with parts of Lisburn

Belfast is to take parts of Lisburn, such as like Twinbrook and Poleglass, and areas of Castlereagh council.

The Slievecroob area of County Down is to be incoproparted into a single council area of Newry City and Down.

There is going to be one councillor per ward. Belfast will have 60 wards and all other council areas will have 40.

In general, where two councils are grouped together, such as Antrim and Newtownabbey, the names will be amalgamated.

The number of councils has fallen from 26 to 11.

Where there are more than two, new district council names will appear like Causeway Coast, Mid-Antrim and Mid-Ulster.

The Local Government Boundaries Commissioner Dick MacKenzie said he has not taken political considerations into account and has not spoken to any politicians.

“The publication of my report is the first stage of a process which is designed to establish the district and ward boundaries for a completely new configuration of local government in Northern Ireland,” he said.

“The proposed boundaries of the districts are based on the amalgamation of the existing councils, with the exception of Belfast for which I am recommending a revised boundary to reflect the expansion of the city over the years.”

There will now be an eight week period for the submission of written comments followed by 11 public hearings until the end of November. It is up to the Northern Ireland Assembly to give its final approval.

FULL LIST OF COUNCILS

• Belfast City Council

• Derry City and Strabane District Council

• Armagh City and Bann District Council

• Lisburn City and Castlereagh District Council

• Newry City and Down District Council

• Antrim and Newtownabbey District Council

• Ards and North Down District Council

• Causeway Coast District Council

• Fermanagh and Omagh District council

• Mid-Antrim District Council

• Mid-Ulster District Council

Unionist fury at PM’s ‘transfer powers’ call

DUP: We will not be forced to set a date

By Noel McAdam
Belfast Telegraph
Wednesday, 17 September 2008

Unionists have angrily denounced Gordon Brown’s blunt insistence that they must “set the date” for the switch of devolution of policing and justice powers to the Assembly.

In pointed remarks directed primarily at the DUP, the Prime Minister said the transfer of the powers from London would show the world that stability in Northern Ireland is here to stay.

On his brief visit to Belfast, Mr Brown stopped short of suggesting a new deadline, four months after the ‘target date’ in the St Andrews Agreement, but made clear further delay would be “worse than a setback.”

In stark terms, he warned: “it would put at risk everything that has been achieved by the work and sacrifice of the past decade and more.”

But DUP deputy leader Nigel Dodds said his party would not be bullied or pushed around by Prime Ministers or other parties.

“It is not a matter of dates it is a matter of there being sufficient confidence to support the move. Such a level of confidence is not present in the unionist community. Indeed, the lack of Executive meetings has only served to further undermine confidence in the process,” the Finance Minister said.

And accusing the PM of “dancing to Sinn Fein’s tune”, Ulster Unionist leader Sir Reg Empey said the failure of Mr Brown to deal with the three-month gap in Executive meetings was “the elephant in the room” during his speech.

“There was a lack of balance in his remarks. If I was Sinn Fein I would pretty content and in the private session I asked directly if there was a deal between Her Majesty’s Government and Sinn Fein from the St Andrews talks, but did not get an answer,” the Employment Minister added.

Traditional Unionist Voice leader Jim Allister said Mr Brown had proposed the handover of policing and justice to a government which included “unreconstructed terrorists”.

Sinn Fein made no comment but SDLP leader Mark Durkan said: “It is a pity that the unnecessary political uncertainty created by Sinn Fein and the DUP became such a focus of the Prime Minister’s visit. Many in the community would have preferred this opportunity to be used to more convincingly address the economic challenges which are deepening and the public stress which is rising along with unbearable price hikes.”

Mr Brown promised his Government “stands ready” to ensure a “smooth transition” for the switch of justice and policing responsibility.

“So now leaders here in Northern Ireland must reach agreement between themselves and set the date for the transfer of policing and justice from the Secretary of State to a Justice Minister, in and of Northern Ireland,” he said.

Mr Brown asked how the Assembly could tackle common criminality, low level crime and youth disorder “when you are responsible for only some of the levers for change (and) when you have responsibility for education and health and social development but have to rely on Westminster for policing and justice?”

Mr Brown reiterated his view, following the recent Independent Monitoring Commission report, which he said made clear the IRA army council is “redundant”.

With just 24 hours before the next scheduled session of the power-sharing Executive is due to take place, Mr Brown made no direct mention of the almost three-month gap between meetings but said the clearest sign that the “politics of peaceful change” are winning, was an Assembly “working together, meeting together, fulfilling all its functions”.

Victim’s father murdered by loyalist Wright’s gang

By Allison Morris
Irish News
**Via Newshound
15 Sept 2008

Dungannon murder victim Eamon Hughes’s father Frank was abducted and killed by a UVF murder squad headed by Portadown loyalist Billy Wright in October 1990.

The sectarian murder of the Co Tyrone taxi driver is being investigated by the Historical Enquiries Team (HET).

In 2004 a Police Ombudsman’s probe concluded that all policing opportunities had been pursued in relation to the murder of the 61-year-old.


CONCERNS: Eamon Hughes, pictured in 2004 for an Irish News interview, holds a picture of his father Frank Hughes who was murdered by loyalists in 1990 (Photo: Seamus Loughran)

However, the family said at the time that they had a number of serious concerns about the original RUC investigation.

Since then the HET cold-case team has been re-examining the murder which is being linked to several other killings carried out by Wright’s UVF gang.

Frank Hughes had disappeared after being last seen picking up a fare outside a hotel in Dungannon.

His badly charred remains were found in his burnt-out cab close to a derelict farmhouse in Moy around five miles outside of the town.

The Tyrone Protestant Action Force (PAF) a cover name at the time being used by the UVF  admitted responsibility for Mr Hughes’s murder.

Despite a number of suspects being arrested no-one was ever charged with the murder.

Wright, known as King Rat, and his associate Mark ‘Swinger’ Fulton, who later split from the UVF and formed the Loyalist Volunteer Force (LVF), were implicated in the killing as well as a spate of other brutal murders carried out in the area.

It is thought that HET investigations into earlier murders carried out by Wright’s gang may have discovered a link which could reopen new lines of inquiry in the case.

The same gang was also implicated in the murder of pensioner Roseanne Mallon.

The 76-year-old Co Tyrone grandmother was shot as she watched television in her sister-in-law’s house in Killymoyle in May 1994.

Wright was arrested at an RUC checkpoint on the Portadown Road an hour after the shooting but released without charge.

Rangers fans under fire over famine song

News Letter
16 Sept 2008

SENIOR Irish diplomats have raised concerns with the Scottish Parliament over singing by some Rangers supporters at last month’s Old Firm match.

Some fans of the ‘Teddy Bears’ allegedly made derogatory comments during a song in reference to the Irish Famine.

The issue was raised by a concerned Celtic fan who brought his grievances to the Irish consul general in Edinburgh.

In the chanting during Rangers 4-2 victory over their fierce rivals at Celtic Park, supporters reportedly sang: “they raped and fondled their kids” and asked them, “the Famine’s over, why don’t you go home?”.

The Irish Famine, which occured in the mid-1800s caused the death of over one million people and forced a mass exodus of inhabitants to the USA.

A spokesman for Rangers confirmed the club had received a number of reports and investigations were continuing.

“In the days following the recent Old Firm match, the club were made aware that a substantial number of complaints had been made regarding the singing of the chorus of a song known as ‘The Famine Song’ by our supporters at this match,” he said.

“Rangers Football Club approached Strathclyde Police for guidance on this matter, with a view to issuing a joint statement indicating that persons singing this song in future may face the possibility of arrest.

“Strathclyde Police were not able to commit to this until they had carried out further investigation.”

The Scottish Government have made no comment on the issue.

Troubles ‘could be returning’

News Letter
16 September 2008

THERE is a growing possibility that the Troubles, in some form, are returning again, in the guise of a renewed dissident republican threat, the Assembly heard yesterday.

The House debated concerns over continued republican paramilitarism, in response to a motion from Ulster Unionist MLA Tom Elliott.

He said: “There’s a distinct possibility that the Troubles we worked so hard to get away from are returning again.”

At the weekend a 100lb bomb was discovered in a hedgerow in south Armagh – believed to have been set for a passing police patrol.

Last week a female school teacher was targeted – mistaken for an off-duty PSNI officer – when a bomb (which failed to detonate) was left under her car.

And Mr Elliott also noted recent bomb attacks in his own Fermanagh constituency, at Rosslea and Lisnaskea.

He recalled that “worryingly” Semtex which was bought by the IRA was used in these attacks – raising questions about IRA decommissioning, links to dissidents or how much the likes of the Real IRA took from under the Provisional IRA’s watch.

Renegades have also attempted to kill officers in Londonderry and Dungannon and the Chief Constable Sir Hugh Orde has warned that the level of threat is at its highest.

DUP Upper Bann MLA David Simpson said splinter republican group Eirigi was trying to join other hardline organisations to attack the peace process.

“This is with a view to providing political opposition to Sinn Fein and further accelerate the ongoing fragmentation of the mainstream organisations,” he alleged.

Eirigi dismissed any suggestion it was responsible for the Executive crisis.

Chairman Brian Leeson said: “Since its formation, Eirigi has consistently pointed out that Britain’s latest political experiment at Stormont was destined for failure.

“The blame lies at the feet of those – including the DUP – who were willing participants in trying to make a success story out of a failed political entity – the six-county state.”

DUP North Antrim Assembly member Mervyn Storey told the Assembly the growth of dissident republican organisations stemmed largely from the fact that the Sinn Fein leadership spun their supporters a “right old yarn” over devolution of policing and justice.

“The current artificially created Sinn Fein Executive crisis is more about Sinn Fein covering their backs rather than anything substantial,” he added.

But Sinn Fein’s John O’Dowd said: “Some of the people within these organisations – the so-called dissident organisations – are state agents and have been state agents for many years.

“Why have they been allowed to continue their activity? Is there someone within the intelligence services who is as opposed to the peace process as these dissident republicans are?”

Report queries HET’s independence

BBC
16 Sept 2008

Questions have been raised about the independence of the Historical Enquiries Team (HET).

A University of Ulster report suggested it was compromised by the presence of so many former RUC and Special Branch officers in senior positions.

Its author, Dr Patricia Lundy, was given high-level access to the body, set up to re-examine murders of the Troubles, over a two-year period.

Sir Hugh Orde said the vast majority of relatives were happy with its work.

“I think it would be good for her (Dr Lundy) to meet some of the families who I have heard speak in such powerful terms,” said Sir Hugh.

“Quite frankly, if we deliver no more outcomes, we have more than delivered enough already in terms of our contribution to dealing with the past.

“Dr Lundy may well want to look at what else is going on but it would be a very short report, because, at the moment, the only show in town, delivering real outcomes for real people, is ours.”

In a statement, the University of Ulster academic said her report was “still under discussion with key participants”, and was never intended to come into the public domain at this stage.

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