PSNI did not disclose military database files to Troubles inquests
Posted By: January 31, 2018
Allison Morris. Irish News. Belfast. Wednesday, January 31, 2018
The revelation that police did not disclose material to Troubles inquests from a military intelligence database they have held for a decade was described as “staggering” last night.
Presiding coroner Mrs. Justice Keegan said the PSNI took possession of the sensitive information – which includes Ministry of Defense documents – in 2007.
“However, the PSNI Disclosure Unit said it was not aware that the MoD material was in police possession and consequently did not routinely search the database when compiling disclosure of intelligence material for legacy inquests,” she said.
The senior coroner said she was recently made aware of the issue by police and they are now conducting searches of the database for relevant material. She said she intends to develop a ‘disclosure protocol’ and will issue a draft for consultation in the coming weeks.
Solicitor Padraig Ó Muirigh said it was “astonishing” that the PSNI Disclosure Unit was not aware of the database.
Sinn Féin’s Gerry Kelly described the revelation as “incredible”.
“That is yet another blow to families who have battled for decades to get to the truth of what happened to their loved ones and the PSNI have serious questions to answer in this case,” he said.
ANALYSIS: Victims suffering most from continuing legacy setbacks
Latest in long line of legacy setbacks
Allison Morris. Irish News. Belfast. Wednesday, January 31, 2018
WITH proposed mechanisms for dealing with the past stuck in a stalemate and no sign of a political settlement, victims’ families have few options in the way of redress.
Such is the level of frustration that some groups came together yesterday under the banner ‘Time for Truth’ and urged people to join a protest march in Belfast on February 25 to demand action.
Inquests remain one of the only avenues open to those who have spent in some cases more than 40 years in the pursuit of answers, and strict guidelines are in place in relation to the disclosure of material to coroners.
That a MoD database – handed over to the PSNI in 2007 – was not searched for relevant documents is a serious and worrying development.
What impact this may have had on legacy inquests already completed is not yet known.
Those cases are all now subject to civil litigation and lawyers will be demanding disclosure of any previously unseen material to assess any impact it may have.
This is just the latest in a long line of legacy setbacks that have made it obvious the current ad hoc method of dealing with the past is unsustainable.
As politicians continue their latest round of negotiations at Stormont, it must be remembered that those who are suffering most are the families of victims who have already endured decades of trauma.
Inquests which could be affected by PSNI disclosure revelation
Killings that could be revisited…
Allison Morris. Irish News. Belfast. Wednesday, January 31, 2018
COMPLETED inquests which could be impacted by the revelation the PSNI did not disclose military intelligence material in its possession since 2007.
*Henry Thornton (29), from Silverbridge, Co Armagh, was working in west Belfast in August 1971 when he was shot dead by a solider close to Springfield Road RUC station after the van he was driving backfired. The British army issued a statement claiming that two shots had been fired from the van, and the original inquest returned an open verdict.
Following a fresh inquest coroner, Brian Sherrard found in June 2016 that the shooting of the father-of-six was not “necessary, reasonable or proportionate.” His widow Mary welcomed the findings.
*Barney Watt (28) was shot dead during rioting in Ardoyne in February 1971, with soldiers claiming he was throwing a device at military personnel.
In April 2017 coroner Joe McCrisken said he was “satisfied, based upon the evidence available to me at the inquest, that Barney Watt was not the man described by the soldiers holding the explosive device.” Mr. Watt’s widow Teresa said at the time she was glad to have her husband’s name cleared.
* Joseph Parker (25) was fatally shot in the thighs after a patrol of soldiers entered a dance at Toby’s Hall in the Ardoyne area of north Belfast in December 1971. He had an 18-month-old daughter, and his wife was heavily pregnant at the time.
In November last year coroner Joseph McCrisken said he was “satisfied that the force used against Joseph Parker was not justified since he posed no threat to members of the patrol.” His wife Dorothy died before the inquest was completed.
* Marian Brown (17) was shot in the neck moments after kissing her boyfriend goodnight at Roden Street in Belfast in June 1972. The teen, who was pregnant at the time, was struck by a stray bullet amid an alleged exchange of gunfire between an army patrol and at least one paramilitary gunman.
Following a fresh inquest, Judge David McFarland is due to deliver his findings in the case later this year.
Troubles inquest cases may have to be reopened
Allison Morris. Irish Post. Belfast. Wednesday, January 31, 2018
SOME Troubles inquests could have to be reopened after it emerged the PSNI did not disclose material from a military intelligence database they’ve had in their possession for more than ten years.
Presiding coroner Mrs. Justice Keegan has contacted the families of victims, who have either had
inquests completed or are awaiting the start of new proceedings, to make them aware of the
development.
It is believed Northern Ireland’s most senior coroner only became aware of the database – which includes Ministry of Defense (MoD) intelligence documents – in December, although it was in possession of the PSNI since 2007.
The PSNI Disclosure Unit said it was not aware that the MoD material was in police possession and consequently did not routinely search the database when compiling disclosure of intelligence material for legacy inquests.
It searched its own database and also one shared with the MoD, and Mrs. Justice Keegan said the MoD also “provided its own disclosure of material to coroners and it is to be expected that this material should be the same as that which is on the database in possession of the PSNI.”
Police will now conduct searches of the database for comparison and “it will be a matter for each coroner to deal with on a case by case basis going forward to be assured that all disclosure obligations have been satisfied.”
Mrs. Justice Keegan said: “The presiding coroner takes this opportunity to assure the families involved in legacy inquests that inquests which are listed for hearing this calendar year are on track and should be capable of being heard in accordance with planned timescales, and assures all those involved in these cases that every step will be taken to ensure that all disclosure obligations are properly discharged in all cases”.
Padraig Ó Muirigh, who has represented families in four completed inquests as well as several pending cases, said it was “astonishing” that the PSNI Disclosure Unit was not aware of the database.
“Once again there are serious question marks about how the PSNI have handled legacy cases in the coroner’s court and related proceedings,” he said.
“The families I represent have no confidence in the PSNI, or indeed MoD, fulfilling their obligations concerning legacy inquests and consideration should be given to some independent oversight of the disclosure process.
“As a matter of urgency it must be clarified by the coroner’s office whether all PSNI disclosure obligations were discharged in those inquests which have concluded and all necessary steps need to be taken to ensure all legal obligations are met in relation to future inquests.”
Mr. Ó Muirigh added: “The PSNI chief constable should confirm exactly who was aware of the transfer of this database to the PSNI and a full explanation should be provided as to why the PSNI Disclosure Unit and, indeed, the coroner were not made aware of this development.”
Mrs. Justice Keegan said the PSNI had assured the Coroners Service of “its continued cooperation and commitment to work with the coroners in relation to all matters affecting legacy inquests.”
“The MoD has stated that it has always fully complied with all of its legal and statutory obligations regarding disclosure of legacy material, including historic intelligence material,” she said.
SOME Troubles inquests could have to be reopened after it emerged the PSNI did not disclose material from a military intelligence database they’ve had in their possession for more than ten years.
Presiding coroner Mrs. Justice Keegan has contacted the families of victims, who have either had
inquests completed or are awaiting the start of new proceedings, to make them aware of the
development.
It is believed Northern Ireland’s most senior coroner only became aware of the database – which includes Ministry of Defence (MoD) intelligence documents – in December, although it was in possession of the PSNI since 2007.
The PSNI Disclosure Unit said it was not aware that the MoD material was in police possession and consequently did not routinely search the database when compiling disclosure of intelligence material for legacy inquests.
It searched its own database and also one shared with the MoD, and Mrs. Justice Keegan said the MoD also “provided its own disclosure of material to coroners and it is to be expected that this material should be the same as that which is on the database in possession of the PSNI.”
Police will now conduct searches of the database for comparison and “it will be a matter for each coroner to deal with on a case by case basis going forward to be assured that all disclosure obligations have been satisfied.”
Mrs Justice Keegan said: “The presiding coroner takes this opportunity to assure the families involved in legacy inquests that inquests which are listed for hearing this calendar year are on track and should be capable of being heard in accordance with planned timescales, and assures all those involved in these cases that every step will be taken to ensure that all disclosure obligations are properly discharged in all cases”.
Padraig Ó Muirigh, who has represented families in four completed inquests as well as several pending cases, said it was “astonishing” that the PSNI Disclosure Unit was not aware of the database.
“Once again there are serious question marks about how the PSNI have handled legacy cases in the coroner’s court and related proceedings,” he said.
“The families I represent have no confidence in the PSNI, or indeed MoD, fulfilling their obligations concerning legacy inquests and consideration should be given to some independent oversight of the disclosure process.
“As a matter of urgency it must be clarified by the coroner’s office whether all PSNI disclosure obligations were discharged in those inquests which have concluded and all necessary steps need to be taken to ensure all legal obligations are met in relation to future inquests.”
Mr. Ó Muirigh added: “The PSNI chief constable should confirm exactly who was aware of the transfer of this database to the PSNI and a full explanation should be provided as to why the PSNI Disclosure Unit and, indeed, the coroner were not made aware of this development.”
Mrs. Justice Keegan said the PSNI had assured the Coroners Service of “its continued cooperation and commitment to work with the coroners in relation to all matters affecting legacy inquests”.
“The MoD has stated that it has always fully complied with all of its legal and statutory obligations regarding disclosure of legacy material, including historic intelligence material,” she said.
