Romancing the Truth — The Legendary ‘Molly Malone’

Posted by Jim on February 5, 2017

Senior judge is right to voice concern over delays in legacy cases

Posted by Jim on

Irish News Editorial. Belfast. Saturday,  January 28, 2017

The Lord Chief Justice, in a speech to the Victims and Survivors Forum yesterday, made no attempt to mask his considerable dismay at the lack of progress in dealing with legacy cases in Northern Ireland.

Sir Declan Morgan’s exasperation was apparent in the tone of his remarks, saying that the past 12 months have been `a wasted year.’

He added that we are now in a `period of inaction’ that will carry through until the end of March at the very least and it is unclear when there will be an opportunity to move forward.

This was a deeply disheartening message for the victims and survivors of our troubled past to hear but it is not the first time that the north’s most senior judge has spoken out on this issue.

Once again, Sir Declan expressed disappointment at the lack of a response to his request for funding but rightly pointed out that this is an even greater blow for families who have already been waiting decades in some instances.

The DUP is being blamed for blocking funds and it is notable that the party is now trying to divert attention away from RHI and instead is trying to make the potential prosecution of British soldiers who served during the Troubles an election issue.

The Lord Chief Justice rejected any suggestion that he was giving priority to cases holding the state to account rather than paramilitaries, insisting that he is determined to deliver outcomes for all victims and survivors.

This week, another senior legal figure, Director of Public Prosecutions Barra McGrory, also hit back at those questioning his impartiality amid claims that a `witch-hunt’ is being pursued against ex-military personnel.

As Mr McGrory pointed out, there have been only three decisions involving former soldiers in recent times, two resulting in prosecution and one that did not.

Comments by former Tory minister Gerald Howarth, who used parliamentary privilege to accuse Mr McGrory of `supporting’ Sinn Féin, are deeply disturbing.

For families waiting for truth and justice, further delays in resolving these important matters are profoundly dispiriting.

Hopes had been raised after a senior judge reviewed legacy cases and the judiciary took control of these much delayed inquests.

It is politics, not the legal system, which is blocking progress.

Sir Declan said yesterday that in the absence of additional resources for a Legacy Inquest Unit, it would be decades before all outstanding cases are completed.

This is plainly unacceptable and it is imperative that the legal authorities are allowed to get on with this work.

‘Illegal parades can go ahead’ despite court ruling – PSNI

Posted by Jim on February 3, 2017

PSNI police chief George Hamilton has responded defiantly after the
Supreme Court in London finally confirmed that the PSNI were wrong in
their decision not to stop intimidatory loyalist flag protest marches
four years ago.

There were widespread disturbances across Belfast in December 2012 after
councillors voted to no longer fly the British Union Jack flag every day
of the year.

At the height of the protests, the PSNI adopted a hands-off approach to
loyalist aggression as mobs blocked roads, rioted and held scores of
illegal ‘protest parades’. The largest of the parades travelled weekly
from east Belfast to the city centre, and involved mass violence and
intimidation against those living in the nationalist estates they passed
en route.

The violence was allowed to continue for months with minimal
interference from the PSNI, creating one of the biggest controversies
over sectarian policing in recent years. The PSNI claimed at the time
that they were prevented from taking action because of legislation
protecting the loyalists’ right to protest.

They said there was no “clarity” on the situation, while the then PSNI
Chief Matt Baggott himself said “human rights” was the reason the
disorder could not be prevented. Nationalists viewed the policing
decision as political and an attempt to appease loyalist paramilitaries.

After a case was taken against the PSNI by one affected nationalist
resident, a High Court judge said in 2014 that the police should not
have allowed the parades to take place. However, this was challenged by
the PSNI and the matter ended up in the Supreme Court, Britain’s highest
court, which found unanimously this week that the PSNI was wrong.

“The police failed to recognise that the integrity of that [parades]
system depended on the enforcement of the requirement to notify an
intention to hold a parade,” it said. “It is the police, not the Parades
Commission, who have the responsibility for preventing un-notified
parades from taking place.”

Lawyer Padraig O Muirigh, who represented the resident who brought the
legal challenge, said the ruling clarifies the law and powers available
to police and has “wide-ranging implications for the policing of
unnotified and illegal parades in the future”

SDLP justice spokesperson Alex Attwood described the court ruling as
“unambigous”.

“The PSNI had an inescapable duty to prevent, where possible, what was
plainly illegal,” he said.

East Belfast Sinn Fein representative Mairead O’Donnell said her
community had been “under siege” from illegal parades during the flag
protest.

“I commend the local resident who has pursued this case through the
courts on behalf of all the people of Short Strand. For months the
people of the Short Strand had to endure parades passing through our
area related to the loyalist flags protest,” she said.

“Essentially the community was under siege from these illegal parades.
The community challenged the PSNI to do something about it but they
refused.”

She added: “(The) judgement from the Supreme Court found that the PSNI
had to power to stop these parades all along but they failed to do so.
The PSNI got it wrong and the community in the Short Strand suffered.”

In a mealy-mouthed response, current PSNI chief George Hamilton
apologised to those “inconvenienced by this parade” but said he would
not necessarily issue different orders if similar trouble broke out
again.

“It gives clarity but it also identifies the importance of police
operational discretion,” he said. “So this judgment is not saying every
time there is an un-notified parade the police should stop it.”

Brokenshire comments infuriate Bloody Sunday families

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Crowds of local people joined a diverse range of activists and bands at
the Bloody Sunday March for Justice on Sunday. Relatives of those
killed and representatives from the wounded led the march, carrying 14
white crosses to symbolise those who lost their lives on Bloody Sunday.

Under blue skies, the marchers made their along the traditional route
into the Bogside with banners and flags carrying political, human
rights, trade union and environmental messages.

At Free Derry Corner, Damien ‘Bubbles’ Donaghy, who was shot on Bloody
Sunday, read out the names of those killed and wounded on January 30,
1972.

Kate Nash, whose brother William was shot dead on Bloody Sunday, and
whose father Alexander was shot and wounded as he tried to reach his
teenage son, addressed the crowds from the lorry set up in front of
Free Derry Corner.

A rendition of ‘We Shall Overcome’ was performed during the rally at
Free Derry Corner.

Ms Nash said that seven years ago there was attempts to shut the march
down but that did “that did not sit well with us”.

“We felt that the battle had not been won,” she said. “We knew the
Bloody Sunday victims deserved more. Here we are today still on this
platform demanding justice for the families of Bloody Sunday.

“The Bloody Sunday murder investigation has recently been completed and
sent to the Public Prosecution Service. So we await their decision.
Meanwhile the British government are beavering away and talking about
bringing in legislation to protect their soldiers — they don’t believe
old age pensioners should face prosecution.

“One law for them and another one for us. There you have it, a
government that is giving their army a license to murder.”

Ms. Nash referred to others fighting for justice, including the
families of the Ballymurphy victims, the families of Seamus Bradley and
Daniel Hegarty who were killed during Operation Motorman, the family of
Martha Campbell.

“All these innocent people cry out for justice. The list goes on and
on.”

There were cheers and shouts of ‘Free Tony Taylor’ as Ms Nash mentioned
his case.

“He was taken from his family almost a year ago. No reason was given by
the authorities, nor indeed to Tony’s legal representation. No
indication whatever, a clear abuse of power by the British government,
but we are used to that aren’t we?”

Earlier on Sunday, all the Bloody Sunday families came together for a
short commemoration at a monument at Rossville Street in Derry.

During the service, Gerry Duddy, brother of Jackie Duddy, paid tribute
to the people of Derry and those from around the world who have
supported them in their fight for justice over the decades.

“You understood our pain and anguish, you shared our frustration as we
campaigned for truth, you shared our hopes that justice would
eventually prevail,” he said.

“Today we thank our families and supporters far and wide. We could not
have achieved any of this without you.”

Mr Duddy said the families particularly wanted to pay tribute to the
late Bishop Edward Daly “who was a great friend to all of us in the
years since Bloody Sunday and a great strength to the families in times
of need”.

“Bishop Daly will be sorely missed by this city,” Mr Duddy said.

‘PROSECUTIONS MUST GO AHEAD’

He said: “What people fail to realise is that soldiers must be
investigated now because they were never investigated in the past. Over
300 State killings here, only four soldiers were ever convicted of
murder, all of whom were released early, some promoted.

“Elements within the legal system are attempting to protect the very
soldiers who broke the law to murder and maim on Irish soil. We demand
that those who murdered our civilians and loved ones be prosecuted in a
court of law. This responsibility now lies with the Public Prosecution
Service. We say to them do the right thing. Prosecute those who
murdered without guilt or remorse. Justice must be seen to be done. Do
it now.”

Mickey McKinney, whose brother Willie was also murdered on Bloody
Sunday, said that 45 years on, time was a major factor in securing
justice. “I want them in court, and all the other relatives want them
in court,” he said. “Time is marching on. That’s one of the main
factors in the whole process.”

SOLDIERS’ PROTEST

In a provocative act, a number of former British soldiers in the north
of Ireland staged a protest at Westminster on the 45th anniversary of
the 1972 killings. The move was described as offensive by the Bloody
Sunday Trust.

Trust chairman, Robin Percival said the timing of the protest was not
coincidental. “They can’t have failed to notice that the end of January
is the anniversary of one of the most notorious massacres carried out
by their colleagues. The timing is deliberate and is intended to
offend,” he said.

At the protest, soldiers claimed the recent naming of the paratrooper
who in 1971 killed Henry Thornton, an innocent van driver and
father-of-six, and the planned prosecution of two soldiers for the
cold-blooded killing of OIRA Vol. Joe McCann in 1972, are examples of
“bias” against them.

They have also claimed that up to 90% of the PSNI legacy investigations
is focused on killings by the Crown forces — however, figures revealed
this week show such investigations account for only about 30% of the
PSNI legacy workload.

In addition, no member of the Crown forces have been jailed since the
1998 peace deal, although several republicans have been convicted and
imprisoned for pre-1998 offences, or have been interned as a result.

The soldiers’ claims were controversially backed up by Britain’s
governor in the North of Ireland. James Brokenshire wrote in a
newspaper column that investigations into killings during the conflict
are “disproportionately” focusing on members of the Crown forces.

His comments appear to reflect a harder line in recent weeks by his
government in the wake of the collapse of the powersharing institutions
at Stormont. It was also apparent in a deliberate snub by the British
Direct Ruler at a Gaelic sports event when he was seen to avoid beng
present during the playing of the Irish national anthem.

John Kelly, whose 17-year-old brother Michael was shot dead when the
parachute regiment opened fire in Derry on 30 January 1972, described
Brokenshire’s comments as scandalous.

“Over 300 civilians have been murdered by the British Army over the
years and out of those 300 cases only four soldiers have ever been
prosecuted for any wrongdoing,” he said.

“It baffles me when the Secretary of State, who supposedly represents
all the people of this part of the world, comes out with a scandalous
statement like that, he should be ashamed of himself.”

‘FRICTIONLESS’ BORDER CHECKS AS BRITAIN WAIVES THE RULES

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The British government appears to be planning a return of customs
controls across the Six County border and may even be hoping to push
all of Ireland out of the EU following hardline statements on its
Brexit plans this week.

In an outline of its plans published in a White Paper, the Tories
showed their intention that the north of Ireland will be taken out of
the EU single market and customs union. Experts have said this will
inevitably require the introduction of checkpoints at the border.

British governor in the North, James Brokenshire said that his
government will look at addressing “individual issues” for the North of
Ireland during Brexit negotiations, but described calls for the Six
Counties to have special status to allow them to remain inside the EU
customs union as the “wrong approach”.

The British stance has generated frustration amid a growing sense of
crisis.

“This position does little in our view to deal with the disastrous
political, social and economic impact Brexit will have on our interests
here on the island of Ireland,” said Sinn Fein’s Michell O’Neill.

British prime minister Theresa May’s visited Dublin for an effective
photocall with Irish Taoiseach Enda Kenny last Monday, but only after
refusing an invitation to address the Dublin parliament . Her
description of future border arrangements as “frictionless” reinforced
concerns that her government has already begun to gently promote the
return of border controls.

Two EU customs and international trade experts, Michael Lux and Eric
Pickett this week told a Westminster committee that the British
PM was using “nice words” — but that the Dublin government would be
forced to implement full EU customs checks, with all the necessary
security implications.

Some MPs expressed shock when Mr Lux gave another example of problems
that would arise post-Brexit. “If a Northern Ireland person has a walk
and takes its dog over the border there are specific rules on what kind
of document you have to have,” he told the committee. “You need a
specific document – if you bring a horse riding you also need a specific
document.”

Commentators believe Britain might now be intending to put the 26 County
state in the position of having to choose between reinforcing the
implementation of partition, which could prove politically devastating,
or leaving the EU.

Ms O’Neill said she met Theresa May on Monday but that she “did not
listen” to her concerns. She warned aspirations for a friction-free
Brexit “do not mean anything in practice” and again called for the north
of Ireland to be accorded special status within the EU.

“What we are very sure of is the implications of a hard Brexit are going
to mean a hard border – a soft border is a nonsense,” she said. “So the
implications are severe.”

Sinn Fein has pointed to the example of Greenland, which secured a
special deal after it left the European Community in 1985 covering
fisheries. Mrs O’Neill told an event in Belfast: “We are not looking to
recreate the wheel. This is something that has been done elsewhere.
Other states have had opportunity to have special designated status. We
are asking for the same.”

There were also deep implications for the peace process after the
Supreme Court in London controversially recognised the sovereignty of
the Westminster parliament above the result of the Brexit referendum —
both for the British jurisdiction as a whole and for the individual
devolved regions, including the Six Counties.

The judgement overrules that section of the Good Friday Agreement which
states that the consent of those within the Six County area is required
for a change in its constitutional status.

Ms O’Neill called for he political, constitutional and institutional
integrity of the Good Friday Agreement to be “fully defended”.

“It is clear that Tory Government is seeking to impose Brexit against
the will of the people in the north and of the people of Scotland. The
Tory Government have effectively set aside the democratic process to
pursue their own narrow political agenda,” she said.

Des Dalton of Republican Sinn Fein said the ruling had emphasised that
powers of national sovereignty are “vested in the British imperial
parliament at Westminster” while the Six County state is regarded as
merely another region under its rule.

“The British Supreme Court Ruling exposes the reality that the British
government’s supposed concern for the ‘will of the majority within
Northern Ireland’ is subservient to the interests of the imperial
parliament at Westminster,” he said.