By Barry McCaffrey
Irish News
30/01/09
RETIRED Canadian judge Peter Cory was last night tipped to become the chairman of the proposed legacy commission after it emerged that he had been privately briefed on key parts of the Eames/ Bradley report before its publication.
INQUIRING MIND: Retired Canadian judge Peter Cory on a visit to Belfast two years ago to give a lecture on the Inquiries Act. Last night when asked he if he was disappointed that the British government was continuing to block an inquiry into the 1989 murder of solicitor Pat Finucane, Judge Cory said: “Anyone would be disappointed when something which they recommended to beinvestigated has not been acted upon but it is a matter for the British government and the Finucane family.” (PICTURE: Mal McCann)
On Wednesday former Church of Ireland Primate Lord Eames recommended the establishment of a commission to carry out a five-year investigation of Troubles-related killings.
It would take over Troubles-related murder investigations carried out at present by the Police Ombudsman and the Historical Enquiries Team.
Eames/Bradley recommended that the commission, which would have a £100 million budget, should be chaired by someone from outside Northern Ireland and who is recognised internationally for their independence.
It is understood that former Metropolitan Police Commissioner Lord Stevens has privately lobbied for Judge Cory to be appointed as the new commission chairman.
Lord Stevens, who in 2003 publicly acknowledged security force collusion in the 1989 murder of Pat Finucane, is thought to have acted as an intermediary between Eames/ Bradley and Judge Cory over the last 18 months.
It is understood he flew to Canada on a number of occasions to personally brief Judge Cory on the Eames/ Bradley report.
Informed sources last night suggested that former police ombudsman Dame Nuala O’Loan has already signalled that she is unwilling to be considered for a position on the commission.
Speaking from his home in Canada yesterday, Judge Cory confirmed that he had been briefed on the content of the Eames/Bradley report before its publication.
“I haven’t been approached by the governments to take up the role but if I was asked I would consider it an honour,” he said.
“I was sent part of the Eames/ Bradley report relating to issues of the legacy commission prior to its publication and have been told that the full report is now being forwarded to me. I will wait to read it in full.”
In 2002 Judge Cory was appointed by the British and Irish governments to investigate allegations of security- force collusion in the killings of Lurgan solicitor Rosemary Nelson, Portadown man Robert Hamill, LVF leader Billy Wright, RUC men Harry Breen and Bob Buchanan and Belfast solicitor Pat Finucane.
In 2004 he concluded that there was enough evidence of collusion to warrant public inquiries in all six killings. To date public inquiries into the murders of Mrs Nelson, Mr Hamill, Wright and RUC men Mr Buchanan and Mr Breen have all begun.
However the British government has consistently blocked an inquiry into Mr Finucane’s murder.
The Eames/Bradley report said that the decision as to whether a public inquiry should be held into Mr Finucane’s 1989 murder was a matter for the British government.
When asked whether he was disappointed that the government was continuing to block the inquiry Judge Cory said: “Anyone would be disappointed when something which they recommended to be investigated has not been acted upon but it is a matter for the British government and the Finucane family.
“I would hope that both sides could still find agreement.“
One of the most controversial issues contained in the Eames/Bradley report is the recommendation that all public inquiries should be brought to an end before a legacy commission is established next year.
The report said that the remote prospect of anyone being prosecuted in future for Troubles-related killings, means it would be more beneficial for any new legacy commission investigations to concentrate on
providing victims’ families with information about how their loved ones had died.
Mr Justice Cory said that he believed that a new emphasis on providing information to victims’ families was more realistic than any future prosecutions.
“I think it is probably correct to concentrate on providing information to the families, simply because the passage of time that has passed in many of these cases means it is less likely that a prosecution would be successful.
“It is not an easy issue and the victims’ families should come first in whatever is decided.”
Despite being 83 and the fact that the legacy commission is recommended to be in existence for five years, Judge Cory has insisted that he would still be prepared to take up the role of chairman, if asked.
“I would see it as the last challenge of my professional career,” he said.
“It would be a full time role and I would expect to live in Northern Ireland for the full five years.
“I see the Northern Ireland peace process as a shining example to the rest of the world of what can be achieved if people are prepared to work together and would be honoured to play my part if I’m asked.”