SAOIRSE32

The police in England, Wales and Northern Ireland face having to wipe the profiles of nearly one million innocent people from the DNA database after a landmark European ruling.

By Tom Whitehead and Christopher Hope
Telegraph.co.uk
04 Dec 2008

Two men from Sheffield, south Yorkshire, who were previously cleared of criminal charges, have won a major victory after the European Court of Human Rights ruled keeping their DNA on the British police database breached their human rights.

The decision now has far reaching consequences for the police, the Home Office and the British Government, although officials initially refused to say whether all the samples of innocent people on the system will now have to wiped.

The UK database is the biggest of its kind in the world per head of population, with around 4.5 million profiles held, and is seen by the police as a vital crime fighting tool, helping to solve hundreds of high profile murders and rapes.

But more than 850,000 people on the database - including 40,000 children - do not have a criminal record.

Deleting the records could mean that thousands of rapists, murderers and other criminals are not caught.

Scotland already destroys DNA samples taken during criminal investigations from people who are not charged or who are later acquitted of alleged offences.

Judges in Strasbourg said keeping the DNA of innocent people on a criminal register amounted to discrimination and a breach of the “right to respect for private life” safeguarded by the Human Rights Convention.

One of the victors is Michael Marper, 45, who was arrested in March 2001 and charged with harassing his partner, but the case was dropped three months later after the two were reconciled. He had no previous convictions.

The other is a 19-year-old named in court only as “S” who was arrested and charged with attempted robbery in January 2001 when he was 12, but he was cleared five months later.

The men, both from Sheffield, asked that their fingerprints, DNA samples and profiles be destroyed.

South Yorkshire Police refused, saying the details would be retained “to aid criminal investigation”.

The men’s claims were later thrown out by the House of Lords, which ruled that keeping the information was not illegal under the Criminal Justice and Police Act, and did not breach human rights.

But earlier this year, when the cases came before the Human Rights Court, lawyers for the two men argued that keeping the DNA of innocent citizens left them under a cloud of suspicion.

It violated their “right to respect for private life” and “prohibition of discrimination” safeguarded by the Human Rights Convention, to which the UK is a signatory.

The pair’s solicitor Peter Mahy, has already described the case as “probably be one of the most important human rights cases of all time” because it will decide if the current system of retaining DNA from “innocent people in the UK is lawful'’.

The profiles of the two men are now expected to be taken off the database but the Home Office said the current policies of taking and retaining the DNA of innocent people will remain until it delivers it’s formal response to the European court in March.

Home Secretary Jacqui Smith said: “DNA and fingerprinting is vital to the fight against crime, providing the police with more than 3,500 matches a month, and I am disappointed by the European Court of Human Rights’ decision.

“The Government mounted a robust defence before the Court and I strongly believe DNA and fingerprints play an invaluable role in fighting crime and bringing people to justice.

“The existing law will remain in place while we carefully consider the judgement.”

News Letter
04 December 2008

UNIONISTS in Omagh say they are disappointed that Sinn Fein failed to support a motion for debate requesting a civic reception to honour Territorial Army soldiers to mark the TA’s centenary year.

There were heated exchanges. The UUP motion fell, with a Sinn Fein majority vote.

Cllr Ross Hussey UUP, who proposed the motion, said it would recognise the service of citizens.

The debate followed rejection of the same request for a chairman’s reception at last month’s meeting raised under other business in the agenda, turned down by Cllr Martin McColgan, chairman.

Mr McColgan said he remained of the same view, that he would be unwilling to host the TA, as it is part of the British Army.

Mr Hussey said: “I am asking for a function to celebrate voluntary service of people from Omagh who have chosen to volunteer to serve as part-time soldiers.

“There is clear evidence many Irish citizens have chosen to join the British Army in recent years with as many as 20 per cent of the British Army being regarded as Irish,” he said.

Mr Hussey said if councillors were unhappy, the event could be hosted in the Royal British Legion with council paying contribution costs.

A suggestion that the reception be hosted by the SDLP vice-chair of the council Cllr Dr Jo Deehan was also rejected, as well as a request from Dr Deehan for political and conscientious objectors to abstain from the vote on the motion. This latter request was described as “arrogant” by Barry McElduff.

Sinn Fein councillor Peter Kelly told the chamber he could not support the motion as he claimed that his brother Patsy was killed by members of the British Forces.

In 1974, Patsy Kelly, 33, a nationalist councillor from Trillick, was abducted and murdered.

His body was found three weeks later by fishermen at Lough Eyes in Fermanagh. His body had been weighted down.

Tom Buchanan DUP asked Mr Kelly to withdraw his “unfounded allegation”.

Mr Kelly replied: “I have no intention of withdrawing it. The dogs in the street know it.”

In addition Cllr Anne Marie McAnespie said she could not support the motion as she claimed a cousin, Aidan McAnespie, was singled out and “shot in the back of the neck by the British Army”.

“He was from a Catholic family with republican values but he was not a member of the IRA,” she said.

BBC
4 Dec 2008

The head of the Bloody Sunday Inquiry has told a Westminster committee he will not meet it to explain why his report is being delayed.

Soldiers shot 13 people dead in Derry on Bloody Sunday

Lord Saville said he could not discuss the issue without releasing sensitive details of the 10-year investigation.

The Northern Ireland Affairs Committee said it was disappointed Lord Saville had declined to give evidence, but respected his position.

The report is expected to be published in the autumn of next year.

The inquiry was set up in 1998 and has so far cost more than £185m.

Paratroopers shot 27 civilians in Londonderry on Sunday January 30 1972, 13 died that day and a 14th victim some time later.

The tribunal sat for 433 days in Derry and London.

By Claire Simpson
Irish News
**Via Newshound
02/12/08

ALLEGATIONS that murdered solicitor Rosemary Nelson had an affair with a prominent IRA man were described last night as “malicious” and “shameful and unjustified”.

The inquiry into Mrs Nelson’s death yesterday heard a police officer claim that Special Branch had information that the lawyer was having an affair with Lurgan republican Colin Duffy in the mid 1990s.

It was also alleged yesterday that Mrs Nelson (40) – who was murdered in a loyalist car-bomb attack in Lurgan in 1999 – passed on confidential case information to members of the IRA.

He told the inquiry that he would not have considered Mrs Nelson a terrorist but he believed she was passing sensitive information to others enaged in violence.

The officer, who worked for Special Branch in Lurgan, said he had received intelligence that Mrs Nelson had met Mr Duffy at a discreet location, namely Demesne Avenue in town.

Mr Duffy, now a leading figure in Eirigi, a group of republicans opposed to Sinn Fein’s support for the PSNI, could not be contacted last night.

But the claims were rubbished by fellow Eirigi activist Breandan MacCionnaith who branded them “shameful”.

“The repetition and acceptance by some sections of the media of the unchallengable and unsubstantiated statements being made to the inquiry by both former and serving members of the RUC/PSNI and members of British Intelligence is shameful and unjustified.” he said.

He said US-based lawyer Edmund Lynch told the inquiry on November 20 he was disappointed “with the unjustified attacks by counsel and witnesses on the character of the deceased”.

“It now appears that various elements are also taking that bait and are willing to repeat unfounded, unproven and unsubstantiated allegations,” he said.

The Nelson family’s solicitor, Barra McGrory also challenged the statements.

“There is no evidential basis for this belief which is apparently held on the strength of unnamed and unidentified sources who, for all we know, could have been from the loyalist community who were deliberately spreading these malicious rumours,” Mr McGrory said.

Sinn Fein assembly member John O’Dowd described the allegations as “outrageous”.

“The British state directly and through its pseudo gangs planned and carried out the murder of Rosemary Nelson. Having been widely exposed their defence at the inquiry now seems to be that not satisfied with murdering Rosemary they are now trying to assassinate her character,” he said.

By Alana Fearon
Belfast Media

A South Belfast resident who says she is “being tortured by anti-social elements” has told of her heartache at hearing her elderly neighbour crying through the walls.

Margaret Barr has lived in the Markets for almost seven years but is desperate to see the social development minister honour her word and raze her Friendly Row flat to the ground.

As part of the four-phase Markets environmental improvement scheme, the eight Friendly Row and Friendly Street properties were to be pulled down in a bid to open up the area and solve the plethora of problems plaguing “trapped” residents.

The layout of the Markets has left Friendly Row and Street residents opening their front doors into unlit alleys and community representatives have long argued this is the root of terrified residents’ problems. Margaret and the other residents would have been glad to see their homes knocked down as part of Phase 3 of the Housing Executive Scheme but says she was left disgusted last week to learn the scheme will never go ahead.

Speaking out for the first time about the anti-social behaviour making her and her neighbours’ lives a misery, Margaret said she was frightened in her own home.

“We are absolutely crucified by the young ones and you just never know who is going to come to the door next,” she said.

“They bang our doors and windows and then run and there’s nothing we can do because there’s no lights out the front so we can’t see them and they know it.

“It’s OK for me, I’m young, but Bernie next door is old and she’s terrified. I hear her crying through the walls at night and it breaks my heart.

“She gets the worst of it because she’s at the corner and it’s got so bad she sits in the dark so the light doesn’t attract any attention to her wee home.

“Just to protect her I end up going out to chase them but I don’t feel safe either and I want people to know what we have to go through because it’s just not right, we deserve to live in peace.”

Despite the fact it was the Housing Executive which initially proposed demolishing the eight flats, the social development minister has decided against the move because of the Markets housing need.

But community workers say demolition is the only answer. “I understand Margaret Ritchie’s point about knocking down flats in an area where there is housing need but these are not homes because the residents have no quality of life,” community development worker Gerard Davison said.

“The layout of these flats makes it impossible to stop the anti-social behaviour, the mess, the graffiti and the torture, so the only answer is to level them and rehouse the tenants.

“Bernie is going through hell and we are constantly replacing her front door, trying to paint out the graffiti on her walls and clean the splattered eggs off her windows and it’s just not fair.”

A HE spokesman said a key part of the redesign of the third phase of the Markets scheme would include improvements to the security of the flats.

“At present, the South Belfast District Office is working closely with community representatives, residents and other statutory agencies with a view to tackling anti-social behaviour in and around the Markets,” he said.

“Our original plans for Phase 3 included the demolition of eight flats, four of which are located in Friendly Street and four in Friendly Row however, in view of the high level of housing need in the Markets area, it has been decided to retain the flats.”

BBC
3 Dec 2008

A murder trial has heard a claim that the chief prosecution witness “is telling a pack of lies to save his own skin”.

Mark Burcombe, 28, was giving evidence at the trial of Steven Leslie Brown, 28, also known as Stephen Revels, of Castle Place in Castlecaulfield.

Mr Brown denies murdering Portadown teenagers Andrew Robb and David McIlwaine in February 2000.

The teenagers were found stabbed to death on a country road near Tandragee.

Earlier this year, Burcombe pleaded guilty to a reduced charge after agreeing to turn Queen’s evidence.

Evidence

Burcombe, who on Tuesday, admitted he was a supporter but denied being a member of the UVF, was giving evidence for the third day at Belfast Crown Court.

He claims he was present when the victims were allegedly murdered by Mr Brown, and Noel Dillon who died in 2005.

Defence barrister John McCrudden accused Burcombe of “blackening” Mr Brown’s name by “telling a pack of lies” about the events leading to the murders of Andrew, 19, and David, 18.

Mr McCrudden asked the witness “did you hold him (David) down for your UVF friends?” to which Burcombe replied: “No, no way.”

The barrister also claimed Burcombe was lying about Mr Brown’s involvement because “you are trying to save your own skin”. The witness answered: “That’s not true.”

Burcombe told the trial that while he did not see Andrew being murdered, he was around five feet from David when he was allegedly attacked by Mr Brown and Mr Dillon.

When asked by the barrister why he had not stopped the attack, Burcombe said: “Because I saw the knife and I was shocked at seeing the knife”.

Burcombe told the court that when the three of them got back to Mr Brown’s house, Mr Dillon went for a bath while the accused left for a period, saying he was going back to the murder scene.

After the witness told the court he was terrified by what he had seen, he was asked by the defence barrister why he did not just “walk out the door” of Mr Brown’s house.

Burcombe replied that he was “in fear of my life, I was scared. I was shocked about what had taken place”.

Burcombe went to the police in November 2005 when he gave police an account of what happened.

On Wednesday, he admitted leaving details out of his account three years ago, compared to the evidence he is now giving in court.

He has also denied that he is acting under instructions from the UVF.

The trial continues.

By Vincent Kearney
BBC
3 Dec 2008

After months of warning it was running out of patience, the government is to give loyalist paramilitaries another year to decommission their weapons.

Loyalist paramilitaries are to be given another year to decommission

In a speech in May, Shaun Woodward issued a warning to the UDA and UVF that the structures governing decommissioning were “time limited”.

The legislation that enables the international decommissioning body to operate was to be renewed in February.

Government sources had suggested it was unlikely to be extended.

However, on Wednesday the government laid papers in the House of Commons to begin the process of renewing the legislation that allows the decommissioning body to operate for another year.

It has been 14 years since loyalist paramilitary groups declared their ceasefires.

Mr Woodward insisted this will be the last chance to deal with the issue of guns.

Belfast Telegraph
Thursday, 4 December 2008

A convicted IRA murderer is to be allowed to give evidence against alleged dissident republican terrorist leader Michael McKevitt at the Omagh bomb civil action, a judge has ruled.

Sean O’Callaghan will be called to try to prove claims that he and McKevitt attended a meeting with other senior Provisionals in the mid-1980s to discuss buying deer hunting rifles to kill soldiers and policemen. O’Callaghan, an informer who says he was once in charge of the IRA’s southern command, has made a series of claims in a statement to the High Court.

Lawyers for victims’ relatives who are suing McKevitt and four other men over the Real IRA attack on Omagh in August 1998, which claimed 29 lives including the mother of unborn twins, wanted permission for O’Callaghan to be allowed to testify at the trial in Belfast. Ruling on his admissibility, Mr Justice Morgan said there was no evidential value to his “assumptions” about McKevitt’s rise in the IRA after Thomas “Slab” Murphy was allegedly appointed Chief of Staff.

But the judge added: “The remainder of the evidence in my view, if true, might assist the plaintiffs in seeking to prove that Mr McKevitt was a relatively senior member of the Provisional IRA during the mid-1980s.

“That fact, if proved, together with the other facts might contribute to a case that Mr McKevitt held such a senior position until the late 1990s. This may have a bearing on the issue of whether the third named defendant (McKevitt) held a leadership position in the Real IRA at the time of the Omagh bomb, as alleged.

“I consider that the relevance test is passed except for the material by way of supposition about what might have happened when Mr Murphy became Chief of Staff.”

As regarding the circumstances surrounding the alleged rifle procurement meeting, O’Callaghan can give direct evidence on claims that he instructed his security officer to tell McKevitt to stop taking vehicles from a Provisional IRA car pool without permission.

The court was told that a further issue he can address centres on his allegations that the IRA’s Chief of Staff in 1985, Kevin McKenna, told him he wanted McKevitt voted onto the paramilitary organisation’s executive.

Mr Justice Morgan said: “In relation to each of these matters he can be subject to cross-examination. He alleges that he appointed his security officer and that Kevin McKenna was introduced as Chief of Staff by him at a meeting.”

O’Callaghan, a special branch agent originally from Tralee, Co Kerry, is now believed to be living in London and will travel to give evidence at a later date.

He was sentenced to two life terms and 529 years imprisonment for terrorist offences, but later released from jail under a Royal Prerogative.

Lawyers for McKevitt, who — along with Liam Campbell, Seamus McKenna, Colm Murphy and Seamus Daly — denies liability in the civil action, had opposed |the admissibility of O’Callaghan’s evidence.