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Truth Or Continuing Cover Up?
A Full Public Judicial Inquiry Now
12th February 2002 --
The Finucane family's long campaign to find the hidden truth behind the UDA
murder of Pat Finucane, seems set to continue, despite the Weston Park proposal
of the appointment of an international judge to "thoroughly investigate"
six cases, including Pat's case.
Make no mistake about it. This is not the public judicial inquiry that the
family has been campaigning for. It is not the public inquiry that the family
are entitled to. This is a private, behind closed doors, judicial investigation
similar to the Dublin/Monaghan investigation and probably does not meet the
requirements of European Convention on Human Rights. The Human Rights
Commissioner, Brice Dickson has recently said so.
The six cases:- the killings of Pat Finucane, Rosemary Nelson, Robert Hamill,
Billy Wright, Bob Buchanan and Harry Breen, and Lord Justice Maurice Gibson and
his wife Cecily, - have been highlighted by the two governments as representing
nationalist and unionist concerns about state involvement in murder.
Nationalist and Unionist leaders have also highlighted these cases. They are
cases of "urgent public importance". What could be more important than
allegations of a state's involvement in the murder of its own citizens?
In British law, if a matter is of "urgent public importance" and
has been passed by both houses of parliament then a public inquiry under the
Tribunals of Inquiry Act 1921 must be established. Such an inquiry will have all
the powers of the High Court to call for relevant material and subpoena relevant
witnesses who can be questioned in public.
If the two governments and the local political leaders have highlighted these
cases then why not establish public inquiries in these cases immediately? Why go
to the time and expense of appointing a judge to hold six private
investigations, particularly if it is likely that full public inquiries will be
set up afterwards? It doesn't make any sense.
Unless, of course, the real reason for the appointment is delay or,
more concerning to the Finucane family, if the real reason is to prevent
the establish a full public judicial inquiry by the establishment of something
less in the guise of something more.
The Finucane family want the truth. They don't want a report from a judge who
examines the facts in secret and then publishes a report which purports to be
the truth.
The facts should be examined in public where the family can challenge any
purported explanation or denial. They are entitled to have an input into the
calling of relevant evidence and the questioning of relevant witnesses.
They will be able to do none of this if the Weston Park proposals are
implemented.
It will take a very long time for any judge to "thoroughly
investigate" six complex cases.
That is why the Finucane family see this effort as a cynical exercise in
delaying or attempting to prevent the inevitable.
They took the same view when John Stevens was appointed, for the third time,
to re investigate Pat's murder. The family decided to treat the Stevens police
investigation as a delaying tactic and the public can decide if the family took
the correct approach.
The third Stevens investigation or Stevens 3, as it is known, resulted in a
delay of three years. A trial resulted in which Billy Stobie was acquitted. He
was subsequently murdered. The Stevens report, whether published or not will
instil no confidence that Pat's case was thoroughly investigated no more than
the establishment of a judge to privately investigate the same thing in which
the family have no meaningful input.
The Finucane family were not informed that Pat's case was going to be used by
the two governments as a "bargaining chip" in the peace process.
The case has been the subject of a high profile campaign for thirteen years.
What is emerging and what is now in the public domain is a picture of the
British government's involvement in the murder of its own citizens. The British
military unit which directed Brian Nelson who directed the UDA, was apparently
involved in hundreds of murders of nationalists and republicans, including that
of Pat Finucane. That is the allegation. That allegation has been published time
and time again by many investigative journalists. Pat Finucane was subjected to
death threats from RUC officers in Castlereagh Interrogation Centre prior to his
murder. These threats were documented prior to his murder. Douglas Hogg, the
British Home Office Minister made a statement in the House of Commons that some
solicitors were sympathetic to the IRA, three weeks before the murder. Pat was
murdered with a British Army browning pistol. Brian Nelson, the British army
agent , who directed the murder, was directed by the secret British Army unit,
the Force Research Unit (FRU). Billy Stobie, who was an RUC agent provided the
weapons for the murder.
In 1999 on the 10th anniversary of Pat's murder, British Irish Rights Watch
compiled a report which included copies of British military documentation. The
documents contained information which led to the clear conclusion that the
military unit ( the FRU ) were involved in conspiracy to murder.
The Report was handed to the British Government with a request to
authenticate the documents. So far they have not refuted the allegation that the
documents are genuine.
The disturbing thing is that they have not denied that such a conspiracy
existed.
The European Court rulings last May ( Jordan, McKerr, Shanaghan, and Kelly v
UK ) severely criticised the British Government for their failure to provide a
proper investigative process for hundreds of cases involving state or loyalist
killings.
The six cases highlighted at Weston Park are not the only cases in which
there are serious concerns about state involvement in murder. The four cases
taken to Strasbourg were representative of hundreds of cases which, over a
thirty year period, were not properly investigated.
Tony Blair said, when he established the Saville Inquiry into Bloody Sunday,
that
"Bloody Sunday was different because, where the state's own
authorities are concerned, we must be as sure as we can of the truth,
precisely because we pride ourselves on our democracy and respect for the law,
and on the professionalism and dedication of our security forces."
The Finucane family and other human rights organisations such as the Human
Rights Commission do not regard the Weston Park proposals as satisfying the
requirements of Article 2 of the European Convention on Human Rights.
They do not see why they have to get over another hurdle.
The campaign will continue. The family will continue to seek support. They
have waited long enough for the truth.
Pat Finucane in his short career sought justice for a large number of people.
He was too successful.
I have to play my part in seeking justice for him. I owe him that at least.
Peter Madden
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