“the case was not settled, it was stayed.”

It had been reported yesterday that Sinn Féin MLA Francie Brolly had “settled” a High Court action he had taken against the Chief Constable in connection to his arrest and questioning in 2005 about the 1972 Claudy bombing. At the time Sinn Féin claimed the arrest was “politically motivated”. He was later released without charge. According to yesterday’s Irish News report

The High Court was told yesterday that the lawsuit has now been settled on terms endorsed. Mr Brolly refused to go into the details of the resolution. “I’m not making any comment on that,” he said. “I have been advised that everything is in confidence.”

But today there was a clarification from the PSNI

However, in a statement yesterday a police spokesman said: “The PSNI wishes to clarify the position: the case was not settled, it was stayed. “A stay simply means that the plaintiff, in this case Mr Brolly, is not proceeding with his action.

“It should not be assumed or inferred from the fact that proceedings have been stayed that there has been any agreement to pay compensation or costs, or that there has been any acceptance of liability. Since the word ‘settled’ may be capable of carrying such an implication, it is necessary to make this clear.”

Today’s Irish News report notes

Last night Mr Brolly said he had been instructed by his legal team not to make any public comment. However the MLA said Police Ombudsman Al Hutchison was investigating the case. Mr Brolly said he was looking forward to hearing the findings of the ombudsman’s office.

[Will the Ombudsman clarify that? – Ed]

, , ,

  • William

    Obviously Francie’s legal team picked up some information from their legal attempt at finding their client was wrongly arrested, which they can now use to hopefully have an Ombudsman’s finding that the PSNI were wrong in the way the arrest was carried out.

    The ‘staying’ of the legal case and the subsequent ShinSpin on it [i.e. that it was settled] is mere cover that it was without merit and had it gone to the courts, would have been thrown out.

    It hasn’t been a good week for the Shinners….losing an Equality case featuring one of the former high-fliers, Dodie McGuinness, a sister-in-law of Marty to boot and now Francie’s case being stayed….have their legal mandarins deserted them. Well two of them have…both are now Judges !!!

  • Harry Flashman

    The bombing was in Claudy, not Clady.

  • Pete Baker

    Thanks Harry.

    Fixed now.

  • picador

    And there were bombings. Three of them I believe.

    Did the Provos ever accept responsibility?

  • Harry Flashman

    No prob Pete, I know some people from Claudy, like the residents of that other wee County Derry village, Greysteel, they are lovely, decent, hard working people, without a sectarian bone in their body but who could never quite work out why their home town was chosen to be such a slaughterhouse.

    I suppose we’ll never find the answer to that particular conundrum.

  • Cushy Glenn

    …sad symmetry that last week came news of the father of the nine year old Kathryn Eakin

  • fair_deal

    “Did the Provos ever accept responsibility?”

    Nope.

  • picador

    Adams & McGuinness demand truth but are strangers to it.

  • Glencoppagagh

    “Well two of them have…both are now Judges” William
    Brolly can’t have lacked for advice, though; isn’t his son a prominent bewigged legal aid junkie?

  • The reason for the bombing of Claudy on the the 31st July 1972 would appear to have been organised in order to draw the Security Forces out of the Bogside and Creggan, during Operation Motorman, when they were clearing the barricades that Republicans had erected.

    The South ‘Derry’ Brigade were called in as the City republicans were inside the barricaded areas or on the run [McGuinness had skipped into Donegal and was residing at his Mother’s ancestral home in Buncrana].

    ‘Father’ James Chesney, the IRA priest, two brothers originally from Claudy, one of whom skipped off to live in Cork and the other still living in the Dungiven area, a local publican now dying of cancer in his Donegal home, a prominent retired school-teacher, a farmer from the Dungiven area who eventually served almost 20 years for murdering three soldiers, together with a number of IRA members from the Swatragh and Kilrea areas were all part of the murder gang.

    One of the Swatragh killers now owns a pub in Queens, New York, whilst another committed suicide by throwing himself in a flooded riverin South ‘Derry. At least one of the gang was female and she is now married and currently resides in a town in County Tyrone.

    Some of those involved have been arrested and questioned but no charges have ever been brought. Political interference has long been the reason many believe that this happened, due to Chesney’s involvement and the arrangements to move him to Donegal when Willie Whitelaw met with Cardinal William Conway. Currently the Police Ombudsman is carrying out a review of the RUC investigations and they have just recently come across new information which has again delayed the publication of their report.

    The targets were Protestant businesses in the small town of 500 residents at the time. However, a large lorry was parked outside Eakin’s garage, so the bomb was left beside petrol pumps at McElhinney’s shop / pub and opposite Rose McLaughlin’s cafe. The second bomb was left outside the Post Office and the third at the Beaufort Hotel. Within days, a local Roman Catholic told the hotel owner of the involvement of James Chesney, a Priest in Desertmartin.
    I could say a lot about the Claudy bombing but no doubt it would be removed. I will contact Harry in Oz with some details….I see he knows some Claudy and Greysteel folk…..I have spent most of my life in the Claudy area and I probably know them too.

    The families of the victims, five of them Roman Catholic and four Protestant, hope that someday, there will be an inquiry into the involvement of at least one senior parliamentarian / Minister in the bombing of Claudy. One hopes his lips aren’t as sealed as they were at the Bloody Sunday Inquiry !

  • Paul McMahon

    From your forthcoming book William?

    Interesting that the word councillor and the abbreviation MLA have been omitted from the above text.

  • Claudy in areas

    ‘a local Roman Catholic told the hotel owner of the involvement of James Chesney’

    Hard to argue with facts like that. Them Roman Catholics are quare fellas, all right.

  • Claudy in areas

    ‘a local Roman Catholic told the hotel owner of the involvement of James Chesney’

    Hard to argue with facts like that. Them Roman Catholics are quare fellas, all right.

  • Archie

    A rather francey intervention there Paul [sorry fancy]

  • picador

    Allowing for the fact that William’s use of the term ‘Roman Catholic’ is a little ‘old-fashioned’ Ivan Cooper was told more or less the same thing about Chesney. And he believed it.

  • William

    Why is my use of the term ‘Roman Catholic’….my local Church of Ireland neighbours are ‘Catholic’, which after all just means worldwide….

  • William

    Correction:

    Why is my use of the term ‘Roman Catholic’ old fashioned?….my local Church of Ireland neighbours are ‘Catholic’, which after all just means worldwide….

  • ulsterfan

    Cardinal Conway and Willie Whitelaw put sufficient obstacles in the path of the original enquiry to make sure that no one would be charge.
    What was their trade off?

  • William

    Ulsterfan: The trade off was that Jim Chesney, the IRA priest wasn’t charged with his many offences, not just the murder of the nine in Claudy but others in South Londonderry plus numerous armed robberies of various ‘marquee bingo’ sessions and dances held by him in the Desertmartin area, in aid of the church. Friends of mine who played in Showbands confirmed being stopped in the forest area between Draperstown and Plumbridge, by ‘Police’ who turned out to be armed men, most likely the local Brigade who relieved them of the money Father Jim had just given them.

    Secondly, Army Intelligence / Special Branch had, it is alleged, bugged the confessional boxes in RC chapels and the Church were going to take action on this, so Willie Whitelaw said, ‘we’ll not touch Chesney, if you keep quiet on the bugging’.

    Meanwhile, the poor bereaved families in Claudy never got the justice they deserved.

  • ulsterfan

    William.

    Thanks. I heard of these allegations many years ago and am pleased you have been able to confirm them.

  • Claudy in areas

    William/Ulsterfan

    “Friends of mine…most likely… it is alleged…”

    Wow! Hard evidence at last. Sure, if it wasn’t true wouldn’t the dead sue?

    “so Willie Whitelaw said, ‘we’ll not touch Chesney, if you keep quiet on the bugging”.

    Fantastic! Pity Willie is also dead but nevermind, I’m sure you’ll supply the link in good time.

    Another roman papish plot exposed. Good man yerself, William!

  • William

    It’s no plot by anyone…it’s in evidence held by the Police who have access to all Government documentation relating to the meeting between Whitelaw and Conway.

    As to why Chesney got off scot-free and probably why Whitelaw agreed not to make it public by charging him, was the worry that other innocent priests could be targetted by the loyalist paramilitaries.

    As to the person who posted 13 and 21, perhaps he could give a name, rather than besmirch the name of the village, where nine persons, both RC and Protestant died, due to the evil of the IRA terrorists, now in Government. If not, then shut up !!

  • Claudy Boy

    What worries me is that William, whose posts don’t exactly show him as the most moderate of Unionists, seems to know so much about who the Claudy bombers were, when I, a resident of Claudy for many years, doesn’t have a clue who he is talking about. How come William knows so much? Is he spoofing? Surely not? Or does he know somebody that I don’t?

  • ulsterfan

    The people of Claudy deserve to have a full judicial independent inquiry to uncover the truth of this bombing and subsequent inquiry.
    Much has been written about the atrocity and speculation surrounding the meetings between Whitelaw and Conway.
    Papers and correspondence have come to light in recent years and these will play an important part in the Ombudsman’s Inquiry which is a follow up to the one carried out by Mrs O’Loan.
    It is alleged collusion took place between Church and State which of course has been denied.
    There is enough information in the public domain
    to suggest some “understanding” was reached by these parties probably for good moral/ ethical /political reasons but we have the right to know.
    The people of Claudy certainly have that right.

  • William

    Claudy boy….I most certainly know a lot that you don’t and time will prove me right.

    Some lived in your midst, but I wouldn’t expect you to know that ….

  • Claudy Boy

    William – What? How do you know?

  • ArchiePurple

    Claudy Boy….If you had a clue as to the identity of the person you’re directing your question to, then you wouldn’t have to ask it !!!!

  • Archie

    Archie “If you had a clue as to the identity of the person you’re directing your question to, then you wouldn’t have to ask it”

    Why should he know more than me? What’s his secret?

  • Claudy Boy

    William – I must say, I don’t feel remotely susprised that someone with a record of expressing such hard line Unionist views claims to know so much about such a seminal event. How come he isn’t so free about expressing his views on events in Claudy that involved Loyalist paramilitaries?

    Don’t tell me they didn’t happen.

  • NoNameMon

    Archie….are you replying to yourself??? And why are you claudy@boy, the same as Claudy Boy….Troll me thinks?

  • Claudy Boy

    NoNameMon – Nothing more than Friday night relief – too many beers. Archie is Claudy Boy.

    Point remains – why does William know so much? Who is telling him, or is he spoofing?

  • William

    Claudy Boy…..The subject was the Claudy bombings, not general terrorism in the area….I condemn any murders ….. the shooting in Wee Robert McLaughlin’s Corner Bar, in which young Lynch? was killed, the murder of Reserve Constable Victor Hamer and the attempted murder of his colleague Constable Bob Crozier, who lost a leg in the attack. Victor’s murderer was a well-known terrorist from a neighbouring area who is now domiciled in Dublin and who is now a multi-millionaire property developer. The shooting in the back of Captain James Hood of the UDR, the murder of Private Ellis Hamilton, also UDR, whilst at work Everyone of these is to be condemned, so I don’t know what you point is. I do notice however, you haven’t condemned any murders in Claudy !

    On a point of information, I’m hardline nothing…I just hate terrorism and those who now govern us…at least the Protestant electorate in Northern Ireland haven’t put their terrorists into power!

  • Claudy in areas

    William (or whatever your real name is),

    You know how the “Protestant electorate” voted? It may come as a surprise to many that a “Protestant electorate” exists.
    The idea of people voting according to their religion is sectarian. Therefore, you are sectarian.

  • William

    Perhaps I should have used Unionist [i.e. mainly Protestants] who have not elevated the UDP [who when they existed were the political wing of the UDA] or the PUP [the political wing of the UVF], have not enjoyed electoral success, with the exception of David Irvine and Billy Hutchinson in Belfast. Now they have only one MLA, so my point is that unlike the Nationalist / Republican electorate [mainly Roman Catholic] who have voted in droves to put terrorists into Councils / Stormont / Westminster. If being an unashamed and proud Protestant is sectarian, then I plead guilty. Understand now?

  • Claudy in areas

    Didn’t unionists also vote for the GFA? They voted for the same thing as nationalists. They overwhelmingly endorsed the nationalist viewpoint and are more than happy to work with nationalists throughout the six counties. They’ll have another chance do to it all over again at the next election. Onionists vote for the DUP and UUP in droves and we all know about their unsavioury histories. So what are you going on about, sectarian boy?

  • William

    No a considerable number of Unionists voted for the Belfast agreement…no such thing as a Good Friday agreement….and sadly your terrorist co-religionist friends didn’t give up their guns. They were to wedded to ‘the ballot box and the gun’, so it fell apart. There is no such place as the six counties…unfortunately the DUP went into Government with five terrorists as Ministers, whereas I supported the previous regime which had only two terrorist [ McGuinness and Brown].

    It is only your biased version of history that talks about Unionist’s ‘unsavory history’….neither Unionist party endorsed the killing of people as Sinn Fein / IRA have done and continue to do, e.g. Paul Quinn and Robert McCartney. They engaged in sectarian killing and ethnic cleansing of eldest sons amongst the farming community of places like Fermanagh and other border areas. Those Loyalists who engaged in similar sectarian killings are equally culpable and likewise disgusting people. Maybe you can condemn your co-religionists who murdered?

    If you wish to see who has the unsavoury history, you should read the book, ‘Lost Lives’, which documents the deaths caused during the terrorist campaign and details which terrorist groupings killed the majority of them. For your information, the IRA under the leadership of Adams / McGuinness actually killed more of their own co-religionists than all the Security Forces and loyalist paramilitaries put together.

    Finally you are typical of the terrorist supporter and one who has lost the argument…you attack the messenger because you can’t refute the argument that I make….this thread was about Claudy where some of those with connections to the terrorist who killed 9 people in the village…9 people, 5 RC, 4 Protestant [a cross-community killing] by the IRA whose local leader at the time, is now the Deputy First Minister of British Northern Ireland. That disgusts me and if you had one iota of decency, it would also disgust you. I haven’t a sectarian bone in my body….but I do have principles and decency…you obviously haven’t and I have no longer any wish to answer your hate filled posts.

  • Claudy in areas

    “…your terrorist co-religionist friends …”
    Viewing the world thru’ your filthy sectarian prism again, sectarian boy. All you know about me is that I disagree with you from that you have decided my religion. Pure sectarianism from my sectarian boy.

    “….neither Unionist party endorsed the killing of people as Sinn Fein / IRA have done and continue to do”
    A lie. All unionist parties are on record for endorsing killing.

    “…sectarian killing and ethnic cleansing of eldest sons… ”
    You mentioned a few of these characters earlier and bragged about their UDR connections. It is easy enough for you to condemm “similar” unionist killings when the UDR was a unionist outfit and unlikely to intentionally kill itself.

    “Maybe you can condemn your co-religionists who murdered?” I don’t condemm anybody for their religion, sectarian boy.

    “the IRA under the leadership of Adams / McGuinness actually killed more of their own co-religionists than all the Security Forces and loyalist paramilitaries put together”.
    You are now arguing that the IRA was not sectarian. You haven’t thought this through at all, have you, sectarian boy?

    “I haven’t a sectarian bone in my body….” LOL!

    “I have no longer any wish to answer…” Tired of tripping over those size 12 sectarian feet, no doubt.

    “…one who has lost the argument…”
    By bye sectarian boy. Claudy does not need you.

  • William

    They most certainly don’t need you…..pillock

  • >??????

    Posted by Claudy in areas>>>>>>>>Who is this lunatic?….is he on the beer…he sounds paranoid.

  • Claudy in areas

    “They most certainly don’t need you…..pillock”

    ‘Pillock’ is much more elegant than “co-religionist”. Well done…you is learnin’, 😉