THE former chief constable has called on the Human Rights Commission to back
down on a court case over policing at Holy Cross after the head of the body
admitted it had not breached human rights.
In correspondence seen by the Irish News Chief Commissioner Brice Dickson told
Sir Ronnie Flanagan he did not believe police actions during the school dispute
had violated the human rights of an unnamed parent seeking a judicial review.
In a letter to the police chief dated last December, Mr Dickson said the
decision to grant assistance to the applicant was not unanimous and said he was
against the proposal himself.
“I myself am strongly of the view
that the policing of the protest at the Holy Cross school has not been in breach
of the Human Rights Act,” Mr Dickson said.
But in a letter to Mr Dickson dated March 21 2002, just days before the chief
constable retired, Sir Ronnie called on the commissioner to withdraw funding for
the court challenge.
Sir Ronnie said his lawyers were
“anxious” that Mr Dickson’s letter outlining his views on the issue “should be
disclosed”.
“I am deeply perturbed to be informed that having regard to the manner in which
the litigation is proceeding, a further vast investment of extremely limited and
scarce resources is now going to be required. In all the circumstances, I simply
cannot see any justification for this,” Sir Ronnie said.
“Finally I would very strongly urge
the commission to review its funding decision, having regard (to) the vintage of
the dispute and the resources issue.
“I would strongly maintain that it is inappropriate for the commission to
continue to commit public funds to this litigation.”
In reply to the letter Mr Dickson, in correspondence dated March 28, urged Sir
Ronnie to delay taking a decision on the disclose of his letter last year
pending a meeting of the commission, which took place on Monday.
Last night a spokeswoman for the Human Rights Commission declined to comment on
the issue.
A spokesman for the police service said: “Correspondence has been received late
(yesterday) afternoon on this matter and until we have had the opportunity to
consider this with our legal advisers, it would be inappropriate to comment.”
But in a statement last night Madden and Finucane Solicitors, who represent the
Holy Cross mother, hit out at the move to remove their client’s funding.
“Without the funding the parent would have been unable to continue with her
action against Flanagan and the court would not have been able to make any
ruling on whether Flanagan failed to protect the children of the Holy Cross,”
the statement said.
“Mr Justice Kerr granted leave to
the parent in her application for
judicial review which meant that the parent had put an arguable case before the
court.
“This is an unprecedented interference in the work of the court and the parent’s
entitlement to have the issue determined by a court of law.
“The matter will now be put before the judge and the parent’s lawyers will be
seeking an explanation for the chief constable’s actions.”
The case is expected to be up
for mention in the High Court later today.