Irish American Post

APR/MAY 04 / VOL. 4 ISSUE 6

The Cory Report

CORY REPORT TO BE PUBLISHED ON APRIL 1

By The Irish American Information Service

The Cory Report into four controversial killings is to be published on Thursday, April 1. It is understood that the families will be given a copy 24 hours earlier on the condition that they sign a secrecy agreement for 24 hours.

The reports are to be published in London though it is not yet clear if the complete report will be published or an 'edited' version. The revelation comes as the British Prime Minister and the Taoiseach arrived at Hillsborough for a new round of talks.

They are meeting the Assembly parties to discuss the lack of progress in the review process.

Meanwhile, members of the campaign group 'An Fhírinne' (The Truth), who represent the families of victims of collusion, will be in Dublin on Thursday 25 March to protest at the British Embassy in Ballsbridge and will then visit Leinster House to brief members of the Dáil and Seanad about their campaign.

'An Fhírinne' are campaigning for truth about collusion between British state agencies and unionist paramilitaries in the killing of citizens in Ireland. They have already traveled to Westminster where they met with and briefed MPs.

'An Fhírinne' wants to see:

-The disclosure by the British government of all information on its policy of collusion;

-The disavowal of the policy of collusion;

-The dismantling of the structures and agencies which implemented the policy of collusion.

FAMILIES RECEIVE COPIES OF CORY REPORT

03/31/04 07:19 EST

By The Irish American Information Service

The families of murdered Belfast attorney Pat Finucane, Lurgan attorney Rosemary Nelson, loyalist paramilitary Billy Wright and Portadown Catholic Robert Hamill have received copies of the long-awaited Cory Report.

The British government is expected to publish the report, into alleged security force collusion in paramilitary murders during the eighties and nineties, tomorrow.

Retired Canadian Supreme Court justice Peter Cory submitted his reports on the four cases to the authorities in London last October, but to the anger of the victims' relatives they have not yet been made public.

A spokesman for the Northern Ireland Office has previously stated the report would be published by the end of March.

Bairbre de Brún of Sinn Féin said: "people will be watching closely the version of the Cory Report which the British government issues".

"It would now seem that the British government after consultation with the very elements of their own system who engaged in the collusion policy are preparing to release an edited version of the Cory Report. We have heard nothing yet from the British government to indicate that they are going to speedily move on it recommendations."

Families of three of the four victims - all of whose cases have been dogged by allegations of British state involvement in the killings - have been pursuing a legal challenge to force Britain to publish the reports.

CORY REPORTS TO BE HEAVILY EDITED - REPORTS

03/31/04 17:04 EST

By The Irish American Information Service

Sources in Northern Ireland have said they believe the British government intends to publish less than 20 pages of the 400-plus pages of the Cory Report into controversial killings in Northern Ireland.

Despite widespread pressure from international human rights groups, an influential group of US senators including John Kerry, and influential groups on both sides of the Atlantic, sources now indicate the British government will not abide by its word and publish the complete text of what Judge Cory submitted to them.

The families of murdered Belfast attorney Pat Finucane, Lurgan attorney Rosemary Nelson, loyalist paramilitary Billy Wright and Portadown Catholic civilian Robert Hamill have received copies of the long-awaited report today but have pledged not to disclose its contents.

Individual public inquiries into four controversial murders are expected to be announced by the British government tomorrow.

Britain's Northern Ireland Secretary of State, Paul Murphy, is due to make a statement in Westminister tomorrow following the publication of the reports.

Sources suggest the inquiries into the murders of Rosemary Nelson, Robert Hamill, Billy Wright and Pat Finucane would be separate.

The retired Canadian judge, Peter Cory, examined allegations of British security force collusion in the killings and recommended public inquiries into all four. Last October, Judge Cory delivered six reports to the London and Dublin administrations about a total of eight killings on both sides of the border.

None of the reports into the murders in Northern Ireland have so far been made public by the British Government.

The families of Pat Finucane and Rosemary Nelson as well as relatives of loyalist leader Billy Wright took legal action over that decision.

The case was adjourned earlier this month in the expectation that the court would be given dates for publication of the reports.

The British Government had said it was considering the "legal and security implications" of publishing the judge's findings.

However, this has been rejected by the families and many observers. Judge Cory has also said he took these issues into consideration while compiling the reports.

BRITAIN UNDER FIRE FOR TERRORIST COLLUSION

04/01/04 06:44 EST

By The Irish American Information Service

Severe criticism of British intelligence agencies and the British Government in the Cory Reports on collusion led to moves towards public inquiries in three cases today - with a judicial probe into the murder of Pat Finucane controversially put on hold.

British Army intelligence, RUC Special Branch, MI5, the Prison Service and the Northern Ireland Office all came under censure in the four reports published in the House of Commons today.

The British government is to press ahead with inquiries into three of the controversial killings, the Northern Ireland Secretary Mr. Paul Murphy said today.

Public inquiries are to be set up immediately into the murders of the unionist paramilitary Loyalist Volunteer Force boss Billy Wright, Catholic father of two Robert Hamill and human rights lawyer Rosemary Nelson.

An inquiry into the fourth and most controversial case of all, the murder of Belfast lawyer Pat Finucane, will get under way once criminal prosecutions finish later this year, contrary to Judge Cory's report which suggested an immediate independent inquiry.

The report, published by the British government today, has been edited, "for privacy and protection".

Mr. Finucane was shot dead in front of his family in his north Belfast home in February 1989. A West Belfast loyalist and British security force agent, Ken Barrett, is due to stand trial in September.

In his report, Judge Cory said a shadowy British Army Intelligence Unit operating in the North, the Force Recognisence Unit (FRU), were aware that an agent, Brian Nelson, whom they ran within the unionist paramilitary UDA had "considerable influence" in directing targeting operations.

Cory said FRU were also aware that Nelson often played a direct and active role in reconnaissance missions.

He said that the continued provision of information to Nelson in these circumstances could be seen "as evidence of collusive behavior that had the potential to facilitate the deadly operations planned by the UDA." (page 102)

"The documents I have examined disclose that Army handlers and their superiors turned a blind eye to the criminal acts of Nelson. In doing this they established a pattern of behavior that could be characterized as collusive." (page 103)

Nelson was chief Intelligence officer for the UDA while also acting as an agent of the British Army's FRU.

Judge Cory's report that RUC Special Branch "rarely took any steps to document threats or prevent attacks by the UDA, whereas pro-active steps were routinely taken in connection with PIRA and other Republican threats".

He said the failure to issue warnings to person targeted by the UDA often led to "tragic consequences".

"This is indicative of attitudes with RUC Special Branch," he said. (page 105)

"If criminal prosecutions are to proceed the practical effect might be to delay the public inquiry for at least two years. The Finucane family will be devastated. A large part of the Northern Ireland community will be frustrated. Myths and misconceptions will proliferate and hopes of peace and understanding will be eroded. This may be one of the rare situations where a public inquiry will of greater benefit to a community than prosecutions," Cory said.

The announcement by the British government of a delay of a public inquiry into Finucane's death could run into years due to the ongoing Stevens police investigations which could result in further prosecutions.

Sir John Stevens turned down a plea from Geraldine Finucane in February to set aside his investigations to allow an inquiry to take place quickly.

There have been allegations of British security force collusion in all four of the cases studied by Judge Cory.

Rosemary Nelson died in March 1999 when a loyalist bomb detonated under her car outside her home in Lurgan, Co Armagh.

Judge Cory said he was satisfied that there was sufficient evidence of collusion by British Governmental Agencies in her murder to warrant holding a public inquiry. (page 71)

"RUC officers are alleged to have made highly demeaning and threatening remarks about Rosemary Nelson while questioning her clients. Among other things, they are said to have questioned her morality, made insulting sexual innuendoes, described her facial scarring in cruel and debasing terms, belittled her ability as a lawyer and, perhaps most disturbingly, to have threatened her life. It is for a public inquiry to determine whether or not these remarks were made. If it is found that they were, this could constitute strong evidence of collusion," said Cory. (page 66)

"The NIO's (Northern Ireland Office) mishandling of documents that were directly pertinent and vitally important to the safety of Rosemary Nelson may also indicate a level of neglect or disregard that could be found to be collusive." (page 69)

"[The NIO's] failure to take any action to protect Rosemary Nelson could be found to be troubling when it is considered against the background of the earlier murder of Patrick Finucane. By disregarding a significant body of evidence of threats against Rosemary Nelson, it could be found that the NIO engaged in conduct that was collusive in nature,î Cory said. (page 70)

Mr. Hamill died in hospital 12 days after he was kicked and beaten by a loyalist mob in Portadown town center in April 1997. An RUC police patrol in the vicinity refused to intervene as the mob attacked the Catholic man, a random sectarian target.

Cory also addressed allegations that RUC officers assisted the perpetrators in avoiding prosecution in the case.

"Police officers must not act collusively by ignoring or turning a blind eye to the wrongful acts of their officers or of their servants or agents. Nor can the police act collusively by supplying information to assist those committing wrongful acts or by encouraging them to commit wrongful acts," Cory said.

"First and foremost the actions of Reserve Constable B, if established, are capable of being found to constitute the most flagrant type of collusion. His actions did not constitute the simple turning of a blind eye. Rather they could be found to be carefully planned and premeditated actions taken to frustrate a murder investigation and to protect or to exonerate an individual who might have been guilty of murder."

"Steps should have been taken to obtain the clothing of Robert Hamill and those identified as the scene as taking part in the assault, "the failure to take steps may indicate a bias in the police force that could amount to institutional collusion."

Loyalist Volunteer Force leader Wright was gunned down in a prison van at the high security Maze prison by the Irish National Liberation Army in December 1999.

In his report, Cory asked whether the Northern Ireland Prison Service "turn a blind eye to the very dangerous situation they knew or ought to have known would arise from billeting the INLA and LVF prisoners in the same H block in the Maze?"

"Similarly, did another Governmental agency fail to advise or supply to the Prison Service information they had received and considered reasonably reliable which indicated that a dangerous situation had arisen or was arising in the prison?" (Page 78)

Cory said that one or two of the incidents that occurred on the day of the murder "may, in themselves, have little significance".

"On the other hand when they are all considered together the resulting effect may be sufficient to take them out of the realm of coincidence and make them components of a plan to murder Billy Wright that was collusive in nature." (page 89)

"There is, in my view, sufficient evidence of acts or omissions that could, after hearing the testimony of witnesses, coupled with a review of the relevant documents result in a finding that there had been acts of collusion by Prison Services, their directors, officers or employees." (page 89)

Britain's Northern Ireland Secretary, Paul Murphy, said Judge Cory's report raised serious questions.

Speaking at Westminister, he told MPs he was under no illusions that confronting the past was "a difficult and painful process".

"The government and its agencies are ready to play their part. We need to find a way of remembering the past while at the same time not allowing it to hinder progress in the future."

"Northern Ireland needs greater reconciliation between the communities. That is where all our attention needs to be dictated. We should ensure that we do not concentrate on divisive issues from the past at the expense of securing this," Murphy said.

CORY REITERATES CALL FOR PUBLIC FINUCANE INQUIRY

04/05/04 01:27 EST

By The Irish American Information Service

The retired Canadian Judge, Peter Cory, has re-stated his belief that a public inquiry should be held to investigate the death of Belfast lawyer, Pat Finucane.

Speaking today for the first time since the publication of his report into allegations of British security force collusion, he said that any such inquiry would not necessarily affect a prosecution.

It is the first time retired Judge Peter Cory has spoken publicly since the publication of his report last week.

He reiterated the recommendations of his report, which said that in all four controversial killings that he examined - including that of Pat Finucane - a public inquiry should be held without delay.

On Thursday the British government said no decision on an inquiry into the Finucane case would be announced until matters before the courts are resolved.

But Mr. Cory said that a public inquiry could be held in conjunction with court proceedings without affecting a criminal prosecution, which would be before a single judge.

He also emphasized that the two governments agreed at their joint summit at Westen Park that if an independent judge came to the conclusion that there was evidence that warranted the holding of a public inquiry then there would be such an inquiry.

Since the publication of the report last Thursday, the family of Pat Finucane, the Irish Government and the US State department have all called for the establishment of an immediate inquiry.

Meanwhile, PSNI Chief Constable Hugh Orde has said there was no evidence to link Finucane with the IRA. Speaking at the weekend, Orde said he reiterated what the RUC said at the time about the killing. His remarks follow comments by Ulster Unionist leader David Trimble linking the murdered lawyer to paramilitaries.

Orde also said the Cory report into Finucane's death and three other controversial killings "had reopened an important debate."

"I think far more people are now realizing that without some thoughtful process to deal with history Northern Ireland will find it very difficult to move on," he said.

"My task is quite clear. I have to deliver policing for the present and define policing for the future. What I have said as a police officer is that I know I cannot do that if I have to continue to look backwards. That is not to say history is unimportant - history is directly the opposite."

Last week, Trimble was accused of making "dangerous and irresponsible" comments linking two murdered lawyers to terrorism.

He made the remarks in parliament about Rosemary Nelson, who was killed in a booby-trap bomb in Lurgan in 1999 and Mr. Finucane, shot by loyalists in Belfast in 1989.

Trimble later said he stood by his comments saying "offense" was "unavoidable," despite calls by both families for him to retract the remarks.

However, the chairman of the Criminal Bar Association in Northern Ireland accused Trimble of "putting certain solicitors lives at risk."

Pearse Mcdermott added: "The comments are deeply offensive, dangerous and irresponsible."

Chief Executive of the Law Society of Northern Ireland John Bailie said there were real concerns amongst lawyers in the North following Mr. Trimble's remarks.

During his speech to the House of Commons, Trimble talked about those who "have a clear terrorist connection."

He said he was opposed to such inquiries, but added: "If as a result of this, the truth about Finucane and Nelson comes into the public domain incontrovertibly, there will be some side effect."

"I don't think anybody thought he (Finucane) was simply a lawyer," he said. "I'm not saying he was (an IRA member), I'm just saying there's very, clear evidence of a close relationship."

The following transcripts are provided by the Northern Ireland Information Service.

Program: Inside Politics

Date and time: 3.4.04 – 13.10

Subject: Cory Report

MARK DEVENPORT

You can’t please all the people all the time, so is three out of four a good score for the Government, or is it a shameful failure by Ministers to live up to their promises? That’s one of many questions left hanging in the air following the publication this week of four reports from the Canadian Judge, Peter Cory, each dealing with a separate case of alleged collusion. The Secretary of State gave the go ahead for inquiries into the murders of the Lurgan solicitor, Rosemary Nelson, the Portadown Catholic, Robert Hamill, and the loyalist, Billy Wright.

But in the most longstanding case, the murder of Belfast lawyer, Pat Finucane in 1989, the Government held back. Paul Murphy said any outstanding criminal proceedings must be dealt with first. In particular that concerns the trial of the loyalist, Ken Barrett, who’s been charged with Mr. Finucane’s murder. Fair enough, or a delaying tactic?

In a moment I’ll debate this and more with a couple of leading politicians, but first I turned to the Malaysian lawyer, Param Cumaraswamy. He was the UN Special Investigator whose reports into threats against lawyers here raised the international profile of the Finucane and Nelson cases. The first time he came to Northern Ireland Rosemary Nelson told him about death threats she’d received. When he returned to write his second report she had already been murdered. So what, I asked Mr. Cumaraswamy does he make of the Government’s response to the Cory Reports?

PARAM CUMARASWAMY

I was very pleased that Judge Cory has more or less confirmed my concern and my call for the judicial inquiry, public inquiry. I was a little concerned earlier that there was a delay on the part of the UK Government in responding positively to the recommendations of Judge Cory.

But nevertheless I’m very happy that in the case of Rosemary Nelson they have agreed that they are prepared to revisit (unclear) prosecutions into Patrick Finucane, though I feel that these prosecutions will just continue to delay and furthermore there’s a very great likelihood of very material evidence being lost and that was my main concern.

MARK DEVENPORT

Do you understand the Government’s argument in relation to the Pat Finucane case that it would be wrong to proceed at this stage with a judicial inquiry whilst there are active criminal proceedings pending?

PARAM CUMARASWAMY

In principle that has always been the case, if there is a pending prosecution and if other proceedings in the same matter or the same facts which could prejudice the criminal proceedings should not be entertained. But there are exceptions to this, and I myself told the UK Government in my communication, because of the (unclear) delay and the possibility of losing more evidence.

You may remember one particular material witness was shot dead. So therefore they shouldn’t wait for a prosecution. In fact if you look at the history of these various attempted prosecutions, many of them were seen as a ploy to delay and delay and delay. There were times when prosecutions were withdrawn and all that.

And I made it very clear that this shouldn’t go on and a judicial inquiry should be given priority. Because all along I made it again very clear to the UK Government that I, for one, was not concerned as to who finally pulled the trigger on Patrick Finucane, I was more concerned throughout as to whether there was State collusion into the murder.

MARK DEVENPORT

Do you think then that until there actually is a judicial inquiry on the Finucane case that the Government is in breach of the kind of commitments it’s given internationally?

PARAM CUMARASWAMY

Judge Cory is quite correct in saying that if we wait for this prosecution it can continue and be delayed for another two or three years. Now that is unreasonable, and as I mentioned before, justice delayed is justice denied. And a great deal of injustice has been done to the victims in this whole thing. There is the family of Patrick Finucane who are having this crusade going on for the last 14 years or so for this judicial inquiry.

MARK DEVENPORT

When this was debated in Parliament, the Ulster Unionist leader, David Trimble, made some remarks which have proved very controversial here about both Pat Finucane and Rosemary Nelson, where he said that he hoped that the inquiries would reveal the full truth about them, and he implied that they had clear terrorist connections. What do you make of that statement?

PARAM CUMARASWAMY

Well, let the inquiry be set up, we all want proof, and if he really had any such connection, and I made it very clear again in my report, and it is provided for in the International Standard on the role of lawyers, that Governments should not associate lawyers with the causes of their clients. Just because Patrick Finucane was defending these rather unpopular causes, and he was winning his cases, both domestically and in the regional court in Strasbourg, the RUC just didn’t like him. They found him a real thorn and they wanted to get rid of him.

MARK DEVENPORT

In your investigations into the cases of Pat Finucane and Rosemary Nelson, were you personally convinced that they were lawyers doing their jobs as lawyers should do, rather than people acting with any other kind of agenda?

PARAM CUMARASWAMY

I was very concerned. I met her again subsequently, I think it was in Washington, and again she narrated subsequent events, but every allegation, every information I received about the threats on her, I was relaying everything on a very urgent basis to the UK Government, and I was really very, very saddened that she was not given the adequate protection and subsequently I felt that, or what I thought initially, that she would meet the same fate as Patrick Finucane, in the hands of the security forces in Northern Ireland.

MARK DEVENPORT

And at the same time as they announced these inquiries, the Government said it would examine the possibility of some kind of wider truth and reconciliation commission to deal with something like 1800 unsolved murders here, and all the question marks still hanging over from the troubles. I mean from what you saw of Northern Ireland society during your visits here, do you think there’s a role for something like that or is the bitterness just too deep?

PARAM CUMARASWAMY

I think that truth and reconciliation is something worthy of consideration. But it depends whether both factions are prepared to forgive and forget. Now the South African experience I felt was a very, very exceptional thing. But it was something I was told by Desmond Tutu when I met him in Capetown, that it was part of their culture to forgive and forget in such situations.

And they were able to get through that. But with the kind of situation in Northern Ireland, whether it will be acceptable to both sides, and I hope it will be acceptable, then it could have some kind of a lasting peace in Northern Ireland if both sides could get together and forgive each other for what had gone on for more than 25 years.

MARK DEVENPORT

That was the former UN Special Investigator Param Cumaraswamy. With me now is the DUP MP, Jeffrey Donaldson, and from Radio Foyle, we’re joined by the SDLP leader, Mark Durkan.

Jeffrey Donaldson would you agree with Param Cumaraswamy that the Government basically got it wrong in putting off the Finucane inquiry?

JEFFREY DONALDSON

Well I’m not so sure that that’s right. I mean we do have a judicial process here and people are entitled to a fair trial, and if the Government has made the judgment that to proceed with the inquiry at this stage may prejudice a fair trial for the individual, and possibly other individuals who will be charged with the murder of Pat Finucane, then I think that’s something that needs to be taken into consideration.

And I think he’s jumping way ahead in terms of the evidence, and I don’t think there’s any substantial body of evidence at this stage to point to members of the RUC or the Army in terms of having murdered either Rosemary Nelson or Pat Finucane. And so I think that he would be perhaps well advised to hold back on judgment at this stage.

MARK DEVENPORT

Mark Durkan in Radio Foyle, we’ve already heard from some of the soldiers implicated in the Finucane case who are angry that the Cory Report was put out in the form it was. They say that they haven’t been given a chance to put their side of the story. Presumably if you were to press ahead with an inquiry ahead of any possible criminal proceedings against them, it really could muddy the waters.

MARK DURKAN

Well I don’t accept that it’s absolutely impossible to have an inquiry at the same time while a prosecution or prosecutions are current. The fact is we have had prosecutions following inquiries in the South. We have had inquiries and prosecutions in train at the same time, or at least for some of the same time, for instance, in the Steven Lawrence case or whatever, so it’s not entirely impossible.

And may people were suspicious whenever this prosecution emerged, that it was an attempt maybe to head off at the pass the very clear demands for a public inquiry, and anybody who was suspicious along those lines, have had those suspicions reinforced by the terms of Paul Murphy’s announcement which is (unclear) entirely on the fact of this pending prosecution as the so-called reason, but it’s really the excuse for not proceeding with an inquiry consistent with the clear promise that the Prime Minister made.

There was absolutely no ambiguity whatsoever about the Prime Minister’s promise. There was no ifs, no buts, no riders about anything else. And the Prime Minister made that promise in terms of a position agreed between himself and the Taoiseach. And so we will be holding the Prime Minister, and indeed the Taoiseach as well, to the full terms of the promises and the commitments they made at Weston Park and made public after Weston Park.

MARK DEVENPORT

Jeffrey Donaldson, on the whole question of prejudice, obviously a trial of the kind that Ken Barrett will face will be in front of a Diplock judge, and there’s been a general view that you can’t prejudice such judges sitting without a jury. And, indeed, I mean we’re going to see in the next few weeks the Independent Monitoring Commission going ahead and probably making a whole series of comments about the Tohill affair, which is an active criminal proceeding. So why is there one rule for an independent judicial inquiry in the Finucane case, and another rule say for the IMC?

JEFFREY DONALDSON

Because the terms of reference for the IMC are drawn much more tightly than the terms of reference of an inquiry. The IMC is examining the role of an organization, in this case the Provisional IRA and their activities, not the role or activities of any individual belonging to that organization, whereas an inquiry would have of necessity look not just at organizations but individuals and their role or possible role in a murder. And that obviously has implications for prosecutions. So I think there is a distinction to be drawn between the two in terms of the IMC and its remit and the remit of an inquiry.

MARK DEVENPORT

Mark Durkan, you were making the point there that the British Government negotiated this with the Taoiseach. But they also negotiated it with you and the SDLP and in fact this was one of the key bargaining points that you were looking at when you decided to buy into policing. I mean to that extent, do you think you’ve been sold a pup?

MARK DURKAN

No, we were very clear in pursing inquiries into three particular cases, for all the reasons associated with those cases and because they were representative of much deeper and wider concerns that needed to be addressed and dealt with in a very up-front way.

The Cory mechanism wasn’t our creation, it was the two Governments’ response to our demands. It was essentially the Irish Government’s proposal, and the two Governments insisted, and they assured others, including the Special Rapporteur, that they would be acting on whatever recommendation Cory made, no questions, no ifs or buts about it. And so we will be insisting on the two Governments holding to that.

And if Tony Blair and Paul Murphy want us to believe that they are sincere in saying that it is because of this prosecution that they can’t have the inquiry now, then they should remove any doubt about the fact of an inquiry as soon as this prosecution is disposed of. Why are they leaving it in doubt? They should be making it very clear that as soon as this prosecution is disposed of, one way or another, there will be an inquiry, as for the other cases.

MARK DEVENPORT

Jeffrey Donaldson you’ve seen for yourself there the controversial comments that David Trimble made about Pat Finucane and Rosemary Nelson in the Chamber of the Commons. We know that you’ve had many political differences with him, but would you share his concerns and echo his views on that score?

JEFFREY DONALDSON

Well, we’ve heard these rumors in the past about the possible involvement of certain individuals with an illegal terrorist organization, and if David Trimble has evidence of that, then I think it should be brought forward before this inquiry, because the inquiry should look at all aspects of the background to the murders that occurred.

But let me say that no murder is justified whatever the circumstances, and I would want to be clear about that. I do think, nevertheless, there’s a degree of obfuscation going on here on David Trimble’s part. I was there at Weston Park when these things were discussed. David Trimble said yesterday in the House of Commons that this was not part of the Belfast Agreement, he had not agreed to it and was against it.

That was not the approach that he took at Weston Park. David Trimble was aware of what was going on, and although there was no overall agreement at Weston Park, I accept that entirely, nevertheless David Trimble was involved in discussions with the Prime Minister about this. It is all part of the process to which he has signed up to, it’s part of the process linked to the Agreement. And for David Trimble to scream about concessions that are being made, and clearly these inquiries do represent concessions in terms of the Finucane, if it happens, the Hamill and the Rosemary Nelson inquiries.

It’s a bit, I think, late now in the day to be screaming about those concessions when they are part and parcel of the process to which he has signed up.

MARK DEVENPORT

Why do you single out three of the inquiries and say that they are concessions, but in the case of Billy Wright, which obviously is a case that you’ve taken a personal interest in, you don’t see it as a concession. Why is that somebody else’s concern is a concession, but something that you take on board is a valid case that requires an inquiry?

JEFFREY DONALDSON

Because neither the Wright family or anyone else has asked for or demanded an inquiry into the Billy Wright murder in return for some political move or as part of a political package. It has always been separate from the political process, and indeed you will note that it is the only case being investigated under the terms of the Prison Act 1953.

It’s being dealt with in its proper context, which was about a murder inside the top security prison, Maze, in my constituency, and it’s about getting at the background to how that murder occurred in those circumstances where there was high security.

That is separate from these other issues. And you’ll be aware, Mark, that for a long time republicans in particular have used these issues as a means of extracting more concessions from the Government. That’s what that is about and that’s why I make the distinction.

MARK DEVENPORT

Mark Durkan, at the same time as these inquiries were announced, Tony Blair was talking about the possibility of a truth and reconciliation commission. Given the bitter nature of the exchanges we’ve seen just in the course of the last week, isn’t that a bad omen for any kind of a wider look at the unsolved murders and the dirty secrets of the troubles?

MARK DURKAN

I don’t think in any way it takes away for the need for a wider mechanism or mechanisms, because let us remember we’re dealing with more than just the 1800 so-called unsolved cases of the past, we need a means of assuring all victims and survivors that their need for truth and remembrance is going to be fulfilled. The Agreement made certain promises to victims and survivors, and frankly those promises have not been kept.

MARK DEVENPORT

Jeffrey Donaldson, very briefly, because we’re more or less out of time. Do you think some kind of wider truth commission is necessary rather than these kind of piecemeal inquiries?

JEFFREY DONALDSON

I’m not sure that a truth commission in a small place like Northern Ireland can work. And when I look at the failure of Martin McGuinness to tell the truth to the Saville Inquiry when he pleaded our version of the fifth amendment said he had some duty to some higher IRA code that prevented him from telling the truth about what happened on that day in Londonderry, then what expectation can the victims of terrorism have that the terrorists will actually come forward and tell the truth about their part.

After all they murdered far more people in Northern Ireland than anybody else. And if we’re to have reconciliation and truth, then aren’t the victims of terrorism as entitled to know what happened as any other victim, and I just do not see Martin McGuinness, Gerry Adams ... Gerry Adams can’t even tell the truth about whether he was in the IRA or not, never mind tell the truth about his part in the atrocities that occurred during the last 30 years.

Program: Inside Politics

Date and time: 3.4.04 – 13.10

Subject: Cory Report

MARK DEVENPORT

When he returned to write his second report she had already been murdered. So what, I asked Mr. Cumaraswamy does he make of the Government’s response to the Cory Reports?

PARAM CUMARASWAMY

Particularly I recall when I was Special Rapporteur I was assured by the UK Government that if the international judge who then was to be appointed conferred with the recommendation for a public inquiry, they would do so, but I was a little concerned that there was a delay in the UK Government’s response to Judge Cory’s recommendations. But nevertheless I’m very happy that in the case of Rosemary Nelson they have agreed that they are prepared to revisit (unclear) prosecutions into Patrick Finucane, though I feel that these prosecutions will just continue to delay and furthermore there’s a very great likelihood of very material evidence being lost and that was my main concern.

MARK DEVENPORT

PARAM CUMARASWAMY

MARK DEVENPORT

Do you think then that until there actually is a judicial inquiry on the Finucane case that the Government is in breach of the kind of commitments it’s given internationally?

PARAM CUMARASWAMY

MARK DEVENPORT

PARAM CUMARASWAMY

MARK DEVENPORT

PARAM CUMARASWAMY

Of course I never met Patrick Finucane, but I did meet Rosemary Nelson during my mission, that was the first time I met her, and from the information she gave me, I was quite convinced that she would be a target, and she could end up the same way as Patrick Finucane. I was very concerned. I met her again subsequently, I think it was in Washington, and again she narrated subsequent events, but every allegation, every information I received about the threats on her, I was relaying everything on a very urgent basis to the UK Government, and I was really very, very saddened that she was not given the adequate protection and subsequently I felt that, or what I thought initially, that she would meet the same fate as Patrick Finucane, in the hands of the security forces in Northern Ireland.

MARK DEVENPORT

PARAM CUMARASWAMY

But with the kind of situation in Northern Ireland, whether it will be acceptable to both sides, and I hope it will be acceptable, then it could have some kind of a lasting peace in Northern Ireland if both sides could get together and forgive each other for what had gone on for more than 25 years.

MARK DEVENPORT

That was the former UN Special Investigator Param Cumaraswamy. With me now is the DUP MP, Jeffrey Donaldson, and from Radio Foyle, we’re joined by the SDLP leader, Mark Durkan.

Jeffrey Donaldson would you agree with Param Cumaraswamy that the Government basically got it wrong in putting off the Finucane inquiry?

JEFFREY DONALDSON

Certainly from what the Secretary of State said yesterday in the House of Commons, I don’t think the Government is resiling from their commitment to have an inquiry. However I would take issue with what the UN Special Rapporteur said, when he seemed to have concluded that the security forces and the RUC in particular were guilty of having murdered Pat Finucane and Rosemary Nelson. And I think he’s prejudging the outcome of these inquiries. And I think he’s jumping way ahead in terms of the evidence, and I don’t think there’s any substantial body of evidence at this stage to point to members of the RUC or the Army in terms of having murdered either Rosemary Nelson or Pat Finucane. And so I think that he would be perhaps well advised to hold back on judgment at this stage.

MARK DEVENPORT

MARK DURKAN

MARK DEVENPORT

JEFFREY DONALDSON

MARK DEVENPORT

MARK DURKAN

It was essentially the Irish Government’s proposal, and the two Governments insisted, and they assured others, including the Special Rapporteur, that they would be acting on whatever recommendation Cory made, no questions, no ifs or buts about it. And so we will be insisting on the two Governments holding to that. And if Tony Blair and Paul Murphy want us to believe that they are sincere in saying that it is because of this prosecution that they can’t have the inquiry now, then they should remove any doubt about the fact of an inquiry as soon as this prosecution is disposed of. Why are they leaving it in doubt? They should be making it very clear that as soon as this prosecution is disposed of, one way or another, there will be an inquiry, as for the other cases.

MARK DEVENPORT

JEFFREY DONALDSON

I do think, nevertheless, there’s a degree of obfuscation going on here on David Trimble’s part. I was there at Weston Park when these things were discussed. David Trimble said yesterday in the House of Commons that this was not part of the Belfast Agreement, he had not agreed to it and was against it.

It is all part of the process to which he has signed up to, it’s part of the process linked to the Agreement. And for David Trimble to scream about concessions that are being made, and clearly these inquiries do represent concessions in terms of the Finucane, if it happens, the Hamill and the Rosemary Nelson inquiries. It’s a bit, I think, late now in the day to be screaming about those concessions when they are part and parcel of the process to which he has signed up.

MARK DEVENPORT

JEFFREY DONALDSON

Because neither the Wright family or anyone else has asked for or demanded an inquiry into the Billy Wright murder in return for some political move or as part of a political package.

It has always been separate from the political process, and indeed you will note that it is the only case being investigated under the terms of the Prison Act 1953. It’s being dealt with in its proper context, which was about a murder inside the top security prison, Maze, in my constituency, and it’s about getting at the background to how that murder occurred in those circumstances where there was high security.

MARK DEVENPORT

MARK DURKAN

MARK DEVENPORT

Jeffrey Donaldson, very briefly, because we’re more or less out of time. Do you think some kind of wider truth commission is necessary rather than these kind of piecemeal inquiries?

JEFFREY DONALDSON

Program: The Week in Politics,

RTE 1 Date and time: 4.4.04 – 23.33

Subject: Cory Report/security force collusion

INTERVIEWER

Well joining us now from the London studio is John Ware, a Panorama reporter, who has investigated these matters in great depth. John Ware, given what Judge Cory said, what the Finucane family want in regard to an inquiry being more desirable than criminal proceedings, do you think the British Government is effectively trying to avoid that inquiry by dragging its heels?

JOHN WARE

Well they would categorically deny that of course. The fact remains that they have chosen what might be called a courtroom truth into this matter, which is necessarily relevant and will stick to a pretty tight focus about who did what in relation to the actual murder. There is of course a different truth, a historical truth, and that’s certainly what the family, the Finucane family want, and it’s also what other families of other killings where collusion is alleged which the judge didn’t look at, they want too, and I suspect a significant proportion of the public would prefer that all the energy now goes into what I call the historical truth.

INTERVIEWER

And what about the length or duration of criminal proceedings? I mean there is a man called Ken Barrett facing charges, there perhaps might be an appeal, there might be other charges, so at what stage, do you think, will the British Government be in a position, as Paul Murphy described it, to outline the way forward?

JOHN WARE

Well it’s impossible to say. The single outstanding case comes before the courts in Belfast I think in the autumn. It’s quite possible that the Northern Ireland Director of Public Prosecutions in consultation with the British Attorney General, will decide that other prosecutions in respect of Finucane should be brought as well. If that is the case, we may not get to the public inquiry into the Finucane killing for some years.

INTERVIEWER

How high up the ranks of the Government, political, legal, military establishments, could the embarrassment go if and when the truth is established?

JOHN WARE

Well I don’t think in the, with regard to the specific case of Pat Finucane, there’s any evidence that alleged collusion goes beyond middle to sort of middle ranking soldiers. So far as the police are concerned there are an enormous number of questions there, not the least being why the Special Branch who appear to have known, from their own informants, not just that a prominent target was going to be shot, but certainly who the principal suspects were none of that information was given to the ordinary detectives, the CID detectives investigating the matter, and one has to ask why.

Those are questions which a public inquiry would need to address. Now the other issue with regard to obstruction, which again would not be, I don’t think, I think it would be too broad an issue to be dealt with in what I called earlier the courtroom truth, as it were, the narrow focus of the criminal trial, but which I think is very relevant to the broader, historical truth, is the way for example Judge Cory revealed this for the first time, the way that some of the evidence given at the trial of the agent Nelson about the number of lives he was said to have saved, evidence given by a senior officer which persuaded the trial judge to give Nelson a comparatively light sentence.

That mitigation was discussed we now know at pretty senior level within the Ministry of Defence months before the trial. It was discarded by the Attorney General, Sir Patrick Mayhew, who then went on to become the Northern Secretary, as you know, as being not based on fact, and yet it was run as the linchpin of the Army’s mitigation in favor of Brian Nelson. I think that’s a very serious matter.

The Attorney General’s representative was then an up and coming Queen’s Counsel, Brian Kerr. He’s now of course Lord Chief Justice. The question is, did Brian Kerr know that the Attorney had ruled this mitigation out, because he didn’t challenge the mitigation. It may well be of course that he didn’t know, but that’s just one of many serious questions that an inquiry needs to address.

INTERVIEWER

And finally in regard to the request here in regard to the Dublin and Monaghan bombings that the Irish Government pressed the British Government for a public inquiry there, proceeded by the kind of investigation Cory carried out in regard to the other four killings, what do you think are the chances of Britain agreeing to that?

JOHN WARE

I would have thought all this negligible. I think the Prime Minister, Tony Blair, has had enough of public inquiries. I don’t think he thought it likely that a judge, certainly I think he must have hoped it was not likely that the judge he appointed, that was appointed, Peter Cory, would recommend no fewer than four public inquiries, in addition of course to the Bloody Sunday Inquiry.

So I would have thought frankly unless there is clear and overwhelming evidence that really he couldn’t avoid as to collusion between the intelligence services and the loyalist murder gangs who killed all those people in Dublin 30 years ago, I don’t think there’s a chance of that ... public inquiry.

Program: Morning Ireland,

RTE 1 Date and time: 5.4.04 – 08.28

Subject: Cory Report

INTERVIEWER

Now what are we to take from that interview?

TOMMIE GORMAN

Well Peter Cory is certainly sticking to his guns. A lot of people have been chasing him in recent days following the publication of his work. I think it’s significant that he has spoken publicly about it, and I also think it’s highly significant that there’s no sense of change in what he’s saying. You’ll know it as well that the State Department of the US came out on balance in favor of the Cory view, it would seem to me. The Irish Government supports the Cory view.

The Finucane family supports the Cory view. So the British Government is in difficulties over the stance it has taken. I also think that it’s possible that what happens to Cory’s work now could become part of wider political discussions that may or may not take place in the coming months.

INTERVIEWER

You mention the British stance. The British stance is that a public inquiry, or is it not, that a public inquiry could affect the outcome of a prosecution? The judge’s reaction to that is that it couldn’t possibly do so because it would be a judge only trial, he wouldn’t be in the slightest bit influenced. Is that the case?

TOMMIE GORMAN

That’s right.

INTERVIEWER

So is it implicit then, Tommie, in what he says, that the judge doesn’t believe the British when they say this?

TOMMIE GORMAN

Well I think he disagrees with the approach they have taken, and I listened to Michael Finucane and his mother Geraldine in recent days. I listened quite carefully, and they had the same view, that certain elements of a public inquiry could get underway even if there were proceedings before the court, and indeed, there’s the other possibility that they could continue in parallel because as has been pointed out, the court system for trying the kind of crimes that are involved here does not involve a jury, and Judge Cory came to that view.

He also said that they could take place in parallel, and he also came to the view that if it was a case of one or the other, that he believes that the greater public good would be served by having the public inquiry, because I suppose one has to point out that even if you do get convictions before the courts for the kind of crimes that are being investigated and discussed, the length of the prison sentence as a result of the Good Friday Agreement could end up being no more than two years.

INTERVIEWER

Right, finally and very briefly Tommie, how are we to perceive British inaction? Is it delaying tactics or a screening tactic, what is it?

TOMMIE GORMAN

Hard to say, David. The British cover is they’re suggesting that it’s the advice of their Attorney General. But the wider political point that I was making to you is that you (unclear) the Cory controversy re-ignited. Now in the next few weeks you’ll have the publication of the Monitoring body’s view on whether the IRA were involved in the abduction of Bobby Tohill. That will cause considerable political heat as well.

And if after those two tremors, there is any possibility of getting the political parties into negotiations I would not be surprised that you’d see, say for instance the likes of the SDLP as well as Sinn Féin, saying that, well if there’s to be a political deal here, we want some decision, some movement from the British Government on its approach to Cory.

Program: Morning Ireland

Date & Time 5.4.04 (8.23)

Subject: The Cory Report

PRESENTER

Judge Peter Cory has restated his desire to see the establishment of a public inquiry into the shooting dead of Belfast solicitor Pat Finucane in 1989. In his first interview since the publication of his report he says that any such inquiry wouldn’t necessarily affect the outcome of a prosecution. From his home in Canada last night he spoke to our reporter Brendan Fitzpatrick.

JUDGE PETER CORY

Well I am glad that it is out in public now, apart from the parts that were edited on the basis of security of the realm. I am disappointed, as I said in the report, that this was one of those rare occasions when I thought perhaps that it was more important to hold the public inquiry than the trial and prosecution.

And the other aspect of it is that if the prosecution is to go ahead then it is unfortunate that the decision has been made that the public inquiry must be delayed. I would have thought that in light of the manner in which terrorist trials are held, that is to say judge alone, that they could proceed at the same time, at the very least, if the public inquiry did not precede the prosecution and that the judge would not in any way be worried by the public inquiry proceeding at the same time.

Certainly it wouldn’t be influenced any more than he or she would be on making a ruling on (unclear) and ruling it inadmissible then dismissing it from the judge’s mind. And it would be the same thing with regard to the public inquiry, there are different standards, definite rules of admissibility, so many things that would make it completely separate, and because of the very long time that the Finucane family, I shouldn’t say has been held up, how long ago the murder occurred? After all it was February 12 1989. It was just one that I thought there should be some final resolution with regard to it as soon as possible.

BRENDAN FITZPATRICK

So you make reference there to the delay for the Finucane family. Is that specifically why you are making this call? Are you saying that this case, this would be in the interests of the general public that there’s an inquiry immediately?

JUDGE PETER CORY

Absolutely, that was my, as I said first, that this was one of those perhaps rare instances where it is more important to have the public inquiry for the good of the community, not just the Finucane family, but the community as a whole, than the prosecution.

BRENDAN FITZPATRICK

The Chief Constable of the Police Service of Northern Ireland, Hugh Orde, he was saying that a series of inquiries could undermine the confidence of the police force there. Do you take his point on that?

JUDGE PETER CORY

I can understand his point. I didn’t sign the Weston Park agreement, the two Governments executed that agreement, and as I understood it that if the independent judge, whoever that might be, came to the conclusion that there was evidence warranting the holding of a public inquiry then there would be a public inquiry. Now that was mandated by the Weston Park agreement, not by me. My role was to go through the evidence and come to conclusions with regard to it. That is to say, did the evidence that I saw warrant the holding of a public inquiry with regard to collusion?

BRENDAN FITZPATRICK

Ulster Unionist Party leader David Trimble again restated last week what he saw as a special relationship that Rosemary Nelson and Pat Finucane had with the IRA. From your own work what were your findings in that regard?

JUDGE PETER CORY

With regard to Patrick Finucane, at the coroners inquest the officer, the RUC officer in charge of the investigation, made it clear that there was no tie that he knew of between Patrick Finucane and the IRA, and that he was simply a solicitor doing his duty. Now that would seem to be quite clear on that point, and that was the opinion of the RUC officer testifying at the coroner’s inquest. That seems to be strong evidence. It is a professional duty to take on those difficult cases, and they shouldn’t be used as a basis for saying ah ha, he or she is a terrorist or member of the IRA.

BRENDAN FITZPATRICK

On the report itself, I will quote from you here, you say ‘it was the duty of Special Branch to protect all individuals, whatever their religious or political affiliation. In this it failed’. Would you like to expand on that?

JUDGE PETER CORY

No. The report has to speak for itself. And I certainly stand behind the report and what I said I concluded on the basis of the evidence that I saw.

Program: The Politics Show – Hugh Orde

Date & Time 4.4.04 – 12.25

Subject: Lenient sentencing/Cory Report

JIM FITZPATRICK

And now to one of the biggest political footballs in this society, policing. It’s been a busy week for the Chief Constable Hugh Orde, no doubt he’s used to attacks from republicans and loyalists, this week the Chief Justice joined the assault over his recent claim that judges are soft on criminals here. He has three new inquiries to deal with following the Cory Report, not to mention a troubles legacy of 1800 unsolved murders and the small matter of day to day law and order. He joins me now.

So, Hugh Orde, you think judges here are soft?

HUGH ORDE

Well I made an observation which I stand by which in some cases I do think sentences have been unduly lenient, in the broad picture our job is to bring people before the courts and the courts to make a decision and I think that’s the right system, but I also think, on occasions, it is appropriate to make comments in relation to criminal justice in its wider sense.

JIM FITZPATRICK

And of course the Lord Chief Justice, Brian Kerr, has hit back and the statistics seem to support him to some extent. For instance, out of 32,000 notifiable offenses, that’s the figure that you cleared up in the police figure of 23%, but there was an 86% conviction rate in the Crown Courts. So it seems as if they’re doing their job better than you?

HUGH ORDE

Well, the issue around conviction is one thing, the issue around sentencing is another. My officers are working very hard to gain confidence in the communities. On many occasions they’re taking quite substantial risks to arrest extremely dangerous people and my job is to make sure those dangerous people are removed from society for a decent period of time by producing the evidence to the court which allows them to convict.

Sentencing is a matter for judges, I fully accept that. But on occasions where we see people who we would see as a threat to society coming out too early, then I think it’s right and appropriate to comment. It’s not the situation I intent to prolong in terms of a debate, it’s not a debate I’ve just started, I raised this over a year ago.

JIM FITZPATRICK

Well let’s take a specific, for instance, we had the issue of the loyalist feud and then a certain number of loyalists from the Shankill heading across to Bolton in Manchester. Why is it that within six months the Greater Manchester Police are able to bring and secure convictions against, well for instance, Jonathan Adair put away for five years for dealing in hard drugs?

HUGH ORDE

Well we have also convicted many loyalists for criminal offenses, in fact our drug seizures this year and our arrests are up by 13%.

JIM FITZPATRICK

But why not that particular grouping, why is it that they had to move to Manchester before they were targeted?

HUGH ORDE

Well I think it is two things, one is you’re making an assumption that they were not being targeted here. Two is you’re making an assumption that the Greater Manchester Police were working by themselves. We work very closely with all our colleagues and they will exploit any opportunity we get to bring these people to justice and that’s exactly what happens in many of these cases. What you do find are when people who’ve come out of their own environment in which they are comfortable and move into other environments, they become more vulnerable to different tactics which allows us to make very successful arrests working with our colleagues.

JIM FITZPATRICK

Well it didn’t seem to be rocket science, for instance, the police simply got the number of one of the defendants, phoned it and on three occasions were supplied with drugs. It seems like pretty bread and butter stuff which wasn’t being done perhaps until more recently on the likes of the Shankill Road.

HUGH ORDE

Well it is being done, it is being done, we wouldn’t have got the sort of drug seizures we have got without hard work by my drugs squad and by my local officers gathering that intelligence. We are working very hard to protect those communities and I think we’re doing very well. Crime is down, it’s an indisputable fact that in Northern Ireland crime is down. Car crime is down 18%, so ask the people in West Belfast how they feel about the police operations in their areas which are making them safer. Burglary is down 11%, ask the people, that’s many less victims and I’m far more interested in less victims than I am in clear-up rates.

JIM FITZPATRICK

And what about republicans, of course, say you’re on record as saying that you believe that the IRA were involved in the Tohill abduction. Now nobody has been charged with IRA membership in relation to that, do you withdraw your assumption there?

HUGH ORDE

No I don’t. I said very clearly what I thought at the time, to be right and I stand by that statement. I though that was an operation by the Provisional IRA. The case is now coming to court, so we will see what happens when it gets there.

JIM FITZPATRICK

And the International Monitoring Commission is reporting now late. What more can they say than what you already know?

HUGH ORDE

Well let’s wait and see and the IMC will report, I think, in about two weeks time. They will look across the board at all paramilitary operations and form a view and inform Government of that view. I think the IMC is a force for good and we’ll see what it has to say, but I’m not going to pre-empt what that case says.

JIM FITZPATRICK

And of course this week we’ve had the publication of Judge Cory’s Reports. Three inquiries, not one yet into the Finucane Inquiry, you’ve said you’ll co-operate, but you’re obviously not delighted?

HUGH ORDE

Well I’m not unhappy about it, I think if Government decides to have three inquiries, my job is to make sure than everything under my control gets to those inquiries so the inquiries can be as well informed as possible. I have no difficulty with inquiries, the bigger point, the far bigger point which I have been talking about is the need to deal with history in a far more holistic way, I think that’s a different debate.

JIM FITZPATRICK

Well will get to that, but what do you think, say for instance, an inquiry, a public inquiry into the Finucane case could establish that you didn’t under the Stevens Inquiry?

HUGH ORDE

Well we’ll have to wait and see how the terms of reference to that inquiry are drawn and in relation to Finucane, I spent two and a half years of my life investigating that as a police officer and we were looking at gaining evidence to put someone before the courts and that is what we did, and that is what we have done. That case is yet to come to trial.

JIM FITZPATRICK

Do you accept Judge Cory’s estimate that both the RUC Special Branch and the FRU took active and deliberate steps to obstruct the progress of your inquiry under Stevens?

HUGH ORDE

Well it was hard work and Sir John has come out himself very clearly and said he feels in that case there was collusion. I would agree with him whole heartedly on that case.

JIM FITZPATRICK

And what about the controversy surrounding Patrick Finucane himself and his own role. As a policeman do you have any evidence to suggest that Patrick Finucane was a member of the IRA or was closely associated with it?

HUGH ORDE

No I don’t and we have said that quite clearly on the Stevens team and actually one needs to go right back to the inquest on Finucane where an RUC Inspector said exactly the same thing.

JIM FITZPATRICK

And is that evidence likely to be what would appear at any public inquiry?

HUGH ORDE

Well I think a public inquiry will deal with far broader issues than the Stevens Inquiry which was, of course, a police inquiry which is designed to gather evidence.

JIM FITZPATRICK

You mentioned the wider picture, the unsolved murders, 1800 unsolved murders throughout the history of the troubles. Now we have a graphic which illustrates just the complexity of this issue, you’ve mentioned the complexity yourself, here we see a graphic where you’ve got figures such as republican paramilitaries killing nearly 500 members of the security forces. Loyalist paramilitaries killing over 700 Catholic civilians and a circle here going on of killing from one group to another. It’s extremely confusing, are we ever going to find out the truth, never mind justice in relation to these murders?

HUGH ORDE

I think that’s the debate that now must be had and if one of the positives out of Cory has been the debate is now gaining some momentum and I think far more people are now realizing that without some thoughtful process to deal with history, Northern Ireland will find it very difficult to move on. My task is quite clear, I have to deliver policing for the present and define policing for the future and what I’d say to the police officer is, I know I cannot do that if I have to continue to look backwards. That is not to say history is unimportant, history is exactly the opposite.

JIM FITZPATRICK

But are you willing to allow the true history, for instance, of your own organization and the RUC to be aired in public?

HUGH ORDE

Of course I am and that’s the whole point of these inquiries. But that’s one dimension to history, the whole of history has to be dealt with. You talk about figures, in that figure are 302 murdered police officers, 211 of those police officers’ murders have never been solved, so their families also need to have some sort of closure, whatever that is, to enable them to move on with their lives as well.

JIM FITZPATRICK

And is truth more important than justice in this case?

HUGH ORDE

I think that’s very much the point Cory made in relation to one of the inquiries. Sometimes there may be another way of looking at these rather than a simple legal way. The legal way will not solve the 1800 unsolved crimes and 1800 is a debatable point, there may be even more than that depending on how you define murder and unexplained deaths.

JIM FITZPATRICK

And a bitter pill though to swallow if there’s going to be no case, no justice?

HUGH ORDE

Well it’s a matter of how it’s dealt with and how much satisfaction it brings to how many people. I think where there is almost universal agreement is that the families’ views, the victims’ families views must be critical to whatever it is that is constructed.

Program: GMU

Date and time: 5.4.04 – 08.41

Subject: Peace and reconciliation

WENDY AUSTIN

The Irish Times is reporting the Secretary of State is about to announce a form of peace and reconciliation commission which is to take place here. On the line is our political editor, Mark Devenport. Do we know about this, is this likely to be happening after Easter?

MARK DEVENPORT

Yes, I mean, actually this became evident on Thursday of last week and whilst the headlines were given over to the Cory Report into which inquiries the Government was going to announce, we had a statement from the Prime Minister where he threw out almost a kind of open-ended question saying he didn’t know whether a truth and reconciliation commission was the best way forward, but some mechanism had to be found to allow people here to move beyond the past.

And then the Secretary of State, Paul Murphy, in a series of interviews, followed through and made it pretty clear he’d be launching the consultation process. Now it’s my understanding that that will happen after Easter, maybe a few weeks after Easter, because they want to get other things like the report by the Independent Monitoring Commission into paramilitary activity out of the way. But that will set up what will probably be a fairly long consultation process because it could be pretty difficult given that the key players here have decidedly different views about the format and the remit of any kind of truth commission.

WENDY AUSTIN

There’s a lot of disquiet about it too, a lot of people who are very unhappy about the idea, and who are asking the question, asking the big question I suppose about truth, I mean what truth, you know, one person’s truth is not another’s and who’s to say that you’re going to believe someone’s truth anyway?

MARK DEVENPORT

Exactly. I mean there’s a lot of concerns here because the whole business is so subjective. There are some concerns on the part of some victims as to whether truth will replace what they would say as their requirement for justice.

There’s concerns about whether all sides will actually co-operate in the same way here, whether for instance people who’ve worked for State agencies, be it the Army, the police or whatever, will be pressurized to take part in this, but people who’ve been in paramilitary organizations, what motive have they got for telling the truth? So there are all these kind of big questions out there to be resolved.

At the same time I think that there is a general sense that the way that matters in the past are being dealt with thus far, which has been this kind of piecemeal business of a tribunal here and an inquiry there into specific cases, is unsatisfactory, because there’ll always be another case that will come along where there seems to be some kind of compelling reason to have yet another inquiry.

WENDY AUSTIN

You don’t get the feeling, mind you, that either Mr. Murphy or Mr. Blair has thought this one through. I mean there isn’t something specific that they’re thinking of doing, is there?

MARK DEVENPORT

I think, yes it’s still very much on the drawing board. I mean the fact is the newspaper reports today sort of hammed it up into saying there will be a commission, and the fact is that when you get a launch of an official consultation process like this, it generally doesn’t lead to nothing, you know, you don’t have a big consultation and then nothing comes out of it. So presumably some kind of mechanism will come up in the end, but at the same time, they are saying it’s going to be a long process, and I think they know that’s because it’s going to be really hard to please all the people all the time on this one.

WENDY AUSTIN

Mark, while you’re there, what about these Northern Ireland Office Ministers? We’ve got a new one of course and Jane Kennedy’s gone off to the Department of Work and Pensions. But there’s going to be a shake-up among the Ministers and the jobs that they’re doing. Have we any idea what they’ll be?

MARK DEVENPORT

Yes, this is something else that’s a hangover, as it were, from Thursday when we had Beverley Hughes’ resignation and Jane Kennedy’s departure then. What we will hear I think later on today is the handouts of the portfolios of the new Ministerial team. Now we know for sure one which is that Ian Pearson is picking up the security brief that Jane Kennedy had, but we still have to work out how they divide up the rest of the cake.

I mean I’ve heard talk certainly in official circles that Barry Gardiner, who is the new member of the team, an MP for Brent North, who’s generally considered to be a very educated literate Member of Parliament may well pick up the education brief that Jane Kennedy had. But there’s still a lot of juggling that’s got to be done, who gets for instance some of Ian Pearson’s briefs like Agriculture? Will Ian Pearson, as seems likely, hold on to the economic brief like Finance and Personnel?

WENDY AUSTIN

Just one point I suppose that many people wonder was, would this be a time when John Spellar might lose some of those briefs which have been slightly difficult?

MARK DEVENPORT

Well there’s always a possibility when they re-jig things. But, that said, I mean whilst there was the boycott on John Spellar, particularly by the SDLP Mayor of Belfast and he had difficulties early on, some of that has of necessity I think broken down in practice in as much as people have had to meet him as Political Affairs Minister. So whether they see that as such a pressing case as may have been the case when he came into the job, I’m not so sure.

The entire Cory Report can be found at the website maintained by the Northern Ireland Press Office at http://www.nio.gov.uk/press/040401a.htm. The following are the various sections of the report:
Cory Reports and Appendices
PAT FINUCANE
Cory Collusion Inquiry Report - Pat Finucane
ROBERT HAMILL
Cory Collusion Inquiry Report - Robert Hammill
Robert Hamill report: Appendix A
Robert Hamill report: Appendix B
ROSEMARY NELSON
Cory Collusion Inquiry Report - Rosemary Nelson
Rosemary Nelson report: Appendices A& B
Rosemary Nelson report: Appendix C
Rosemary Nelson report: Appendix D
Rosemary Nelson report: Appendix D Continued
BILLY WRIGHT
Cory Collusion Inquiry Report - Billy Wright
Billy Wright report: Appendices A& B
Billy Wright report: Appendix C

Web Sites Discuss Cory Report
By Tom Madigan
The following is a sampling of what has just been published concerning the recently released Cory report:
Sinn Féin: State Sanctioned Murder exposed by Cory Report http://www.sinnfein.ie/news/detail/4049;
BRITAIN UNDER FIRE FOR TERRORIST COLLUSION http://www.iais.org/shtmp.cfm?News_ID=3664;
FINUCANES OUTRAGED AT FURTHER INQUIRY DELAY http://www.iais.org/shtmp.cfm?News_ID=3665;
CORY REPORTS TO BE HEAVILY EDITED - REPORTS http://www.iais.org/shtmp.cfm?News_ID=3663 ;
Sinn Féin: State Sanctioned Murder exposed by Cory Report http://www.sinnfein.ie/news/detail/4049 ;
'Strong evidence' of collusion in Ulster killings and British State Sponsored Terrorism: http://www.guardian.co.uk/Northern_Ireland/Story/0,2763,1183911,00.html;
Fightin' words; Activist groups angered by envoy's 'untruths' charge http://www.irishecho.com/newspaper/story.cfm?id=14400;
State Dept. confirms Reiss position on Sinn Féin ad http://www.irishecho.com/newspaper/story.cfm?id=14406;

Tom Madigan is coordinator of Media and Press Relations for the Irish American Unity Conference (http://www.iauc.org)
He can be reached at 631-207-0448 (mailto:saoirse1916@optonline.net or tmadigan@optonline.net.)

Judge Cory

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