The arrested Loughinisland massacre journalists are pawns in a legacy struggle

More details have been revealed by the journalist Susan McKay   about the circumstances of the arrest of the two journalists who researched Alex Gibney’s  exposé documentary No Stone Unturned.  The film gives a compelling account of alleged police negligence and collusion between some police officers and the murderers who committed the Loughinisland massacre in 1994, killing six people and wounding five when they burst into the Heights bar and sprayed it with bullets. The Ombudsman cleared one police commander.   Trevor …

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The Loughinisland appeal, when “withdrawal” is not “recusal”

Now I may have been dreaming but I’m almost sure I read yesterday that Mr Justice McCloskey had announced he was still sticking with the Loughinisland appeal case, in spite of the objections from the lawyers representing the families and the police ombudsman. But no. I woke up to this morning to learn he had in fact withdrawn. Reporting howler in jumping the gun?  Maybe. But then there’s that legal language of fine distinction  but crucially different meaning like “ …

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Crucial court ruling today on Loughinisland report will have a major impact on dealing with the past

Mr Justice McCloskey is due to rule today  on whether the police ombudsman’s  findings of  police collusion in the Loughinisland murders should be quashed. His earlier ruling that the findings  were “ careless, thoughtless and inattentive . . . in . . . language and structuring” and “quite unacceptable by any standard” was greeted with satisfaction by the retired police officers’ association which had brought the action,  but dismay among human rights activists and not least, the Loughinisland  relatives. Belief …

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“there is no corresponding organisation to monitor the work of the Ombudsman…”

It’s not just the Republic who has problems with ‘who guards the guards’. There are two worrying stories on the same day concerning the activities of the Police Ombudsman’s office. One concerns a criminal case which the Judge is reported to have said: …failings in the investigation “resulted in it being impossible for the defendants to receive a fair trial”. He said weaknesses in the investigative process meant it “would offend the court’s sense of justice and propriety to be …

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Backing the police means using accountability mechanisms, not grandstanding to constituents…

I meant to get this up yesteday. It’s a clip from UTV’s exclusive report on the Ballynafeigh kurfuffle last week. It’s not comprehensive by any means, but it does suggest the PSNI might have some operational questions to answer. The process has been kicked up the Police Ombudsman, and the Policing Board should probably have an inquiry of its own into it too. The local SDLP MLA Claire Hannah was quick to note how DUP politicians were rather too quick …

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Panorama’s exposure of greater collusion was a fine effort but it will make no difference

The BBC  are to be commended for visiting “ boring old Northern Ireland “ in a Panorama  special on the legacy issues of collusion, Britain’s Secret Deals, reported by Darragh McIntyre. To those who follow the detail there was little that was entirely new, although there was graphic fresh evidence and it was high time it was presented to the wider audience.  The bizarre detail that the rifle used in the murderous attack on Sean Graham’s bookies ended up in …

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#OTRs: Police Ombudsman finds PSNI’s ‘Operation Rapid’ flawed…

The Police Ombudsman reports Dr Maguire has said that while it was not improper for a police service to review the circumstances in which it regards people as ‘wanted,’ the process used lacked clarity: “The Terms of Reference for the exercise is silent on how individuals were selected to be reviewed or the procedure by which the information from the review was to be communicated onwards to other parties. Nor could we find a satisfactory rationale as to why the …

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Time for an urgent review of all Northern Ireland’s oversight bodies

When the Police Ombudsman in Northern Ireland (PONI) recently accused the PSNI of refusing to provide his office with information relating to certain investigations, he acted on his interpretation of a set of facts. The police had their own, alternative interpretation, insisting that they have a legal responsibility for the care and management of all the information they hold, some of which is extremely sensitive. Although they gave careful consideration to every separate request from the Ombudsman, they were constrained …

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NI Police Ombudsman: “It’s very easy to raise allegations – I think the important thing is whether there is any evidence behind it”

Having investigated a complaint from the Sinn Féin president Gerry Adams – following newspapers reports in 2006 which alleged that members of the RUC knew of a 1984 UDA gun attack on Adams in advance, or were themselves involved – the Northern Ireland Police Ombudsman, Michael Maguire, has published his conclusions. Dr Maguire has said he has found no evidence that police knew of, or were involved in away way, in the attack on Mr Adams: “We have talked to all the people involved in the events …

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“The family are of the view it is vital that the police ombudsman receives this journal…”

As I noted back in January this year, an inquest has yet to be held into the death of former senior Sinn Féin member, and informer, Denis Donaldson in 2006 – responsibility for which was claimed by the Real IRA.  And, despite a previous NI Police Ombudsman‘s finding that there had been no police misconduct here, the new incumbent launched an investigation into allegations that officers may have contributed to his death.  But that investigation is, reportedly, facing obstruction from the An Garda Siochana – who have refused to …

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PSNI: “if the NCA is unable to operate fully in Northern Ireland, this will have a detrimental impact on our ability to keep people safe”

With continued political deadlock here over the new UK National Crime Agency (NCA) the PSNI have issued a statement warning of potential problems ahead, and proposing a suggested solution to complaints about accountability.  From the PSNI statement Criminality has no respect for boundaries. It is therefore vitally important that the PSNI can access both the international reach which the NCA will provide and the ability to draw down on the expertise that the agency will offer. This expertise will include: …

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Police Ombudsman to re-investigate misconduct allegations in Denis Donaldson case

As far as I can tell, an inquest has yet to be held into the death of former senior Sinn Féin member, and informer, Denis Donaldson in 2006 – responsibility for which was claimed by the Real IRA.  But, despite a previous NI Police Ombudsman‘s finding that there had been no police misconduct here, the new incumbent has reportedly launched a new investigation into allegations that police officers may have contributed to the death of Denis Donaldson.  BBC NI home affairs correspondent Vincent Kearney …

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“he will remain available to exercise any legal authorities required beyond the delegated authorities”

As the BBC reports, the Northern Ireland Police Ombudsman, Al Hutchinson, has appointed Colin Lewis as Interim Chief Executive  for the Office of the Police Ombudsman for Northern Ireland.  From Colin Lewis’ profile [pdf file] In 1991 Colin entered the Northern Ireland Civil Service as an Industrial Accountant with the Industrial Development Board (IDB) and specialised in business appraisal. In 1995 he transferred to the post of Project Manager in the Inward Investment Group of IDB and played a major …

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“David Ford’s department is like Jurassic Park.”

Apparently, according to BBC NI’s Martina Purdy, Sinn Féin’s Gerry Kelly, MLA, Northern Ireland Junior Minister Policing Board member, gave “a fiery speech on the Police Ombudsman” at the party’s ard fheis at the weekend.  It’s not listed in the party’s collection… [Added by AlaninBelfast …] In the Irish News today, Diana Rusk says he went “off script” when telling the Chief Constable, Matt Baggott, that he “must face down the dinosaurs” in the PSNI.  Being “off script” might explain why Gerry Kelly seems to have borrowed his …

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Al Hutchinson: Unresolved legacy issues left in the ‘too difficult’ tray will destroy this Office

It’s easy to forget now, given all the posturing going on over Police Ombudsman Al Hutchinson and the way he has interpreted the specifics of his role and that of his Office, that his appointment was enthusiastically endorsed by some of the parties who now seem desperately keen to shuffle him out the door upon the flimsiest of evidence (now where have we heard that before?). As Pete has noted, Tony McCusker’s report found a little more than office politics …

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CJINI report: “Independence is not an absolute.”

Alan’s put up a general post on the CJINI report on the NI Police Ombudsman’s independence – although the BBC headline may be premature, unless someone else is briefing them…  Full report available here. We already knew of problems within senior management at the Ombudsman’s Office.  And the CJINI key recommendation – “that the investigation into historical cases should be suspended until the Strategic Plan for the Historical Investigations Directorate has been adequately resourced and becomes fully operational” – will be welcome news to Al …

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McCusker review of Pollock allegations published

The report by Tony McCusker, examining the allegations made against Department of Justice civil servants by Sam Pollock when he resigned as Chief Executive at the NI Police Ombudsman, has been published by the NI Justice Minister, David Ford.  Tony McCusker’s report is available here [pdf file]. As the report states at the outset It is important to note that the Chief Executive did not at any time allege that the NIO or the DOJ had interfered in the investigative side …

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NI Police Ombudsman: “we have no evidence of a deliberate action…”

The Northern Ireland Police Ombudsman Al Hutchinson’s report on the investigation into the murder of 6 people in Loughinisland by the UVF in 1994 has been published.  To the anger of the relatives of those killed. Al Hutchinson’s comments in the UTV report sum up his position, and the problem for those relatives. “The families believe there is broad state collusion, our remit is only to focus on police actions, I have said there no collusion in two incidents and insufficient …

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Criminal Justice Inspection NI to review Police Ombudsman’s independence

The Northern Ireland Justice Minister, David Ford, has already commissioned former civil servant Tony McCusker to examine the allegations made against Department of Justice civil servants by Sam Pollock when he resigned as Chief Executive at the NI Police Ombudsman. And, by the end of last week, the Police Ombudsman, Al Hutchison, had asked the Criminal Justice Inspection Northern Ireland to conduct a review of the operational independence of the Office of the Police Ombudsman for Northern Ireland from the PSNI. From …

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NI Justice Minister names independent reviewer

As the BBC reports, Northern Ireland Justice Minister, Alliance Party leader David Ford, has announced that former civil servant, Tony McCusker, will conduct the independent review into allegations made against Department of Justice civil servants by Sam Pollock when he resigned as Chief Executive at the NI Police Ombudsman. Full terms of reference of review here [pdf file]. From the notes to the Minsterial statement Tony McCusker retired from the Northern Ireland Civil Service on 30 August 2005 and since then has undertaken …

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