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Tuesday, August 18, 2026

The burning of Bombay Street

Posted by admin on October 13, 2015

 

In 1969, a sectarian mob burned 1,500 residents from their homes on

Bombay Street, Belfast, 44 years ago this week. Out of the ashes will

arise the Provisional IRA. Originally recorded in 1999, the following

are the recollections of people who bore the brunt of one of the worst

loyalist pogroms of the recent conflict.

———————————————————————–

 

 

RITA CANAVAN

 

“We lost everything but our sense of humour,” says Rita Canavan. In a

photograph taken in August 1969, two small boys are standing outside the

burnt out facade of what had been the Canavan family’s Bombay Street

home. Short trousers, spindly legs and cropped hair, one child stands up

straight for the camera, but his face seems pensive, anxious, unsure.

His companion, hands on hips, strikes a more defiant pose.

 

Behind them, a row of modest terrace houses, fire gutted, roofless,

without doors or windows, stand in silent testimony to the sectarian

hatred in which they had been engulfed. It’s a simple snapshot but all

the elements are there, fear and defiance, vulnerability and courage.

For the last 30 years, the image of Bombay Street has haunted not only

the memory of residents whose homes were destroyed but the Northern

nationalist psyche. And not without reason.

 

Between 1969 to 1973, it is estimated that 60,000 Six-County Catholics

were driven from their homes. Last year, over 1,600 residents, the vast

majority Catholic, requested rehousing following sectarian intimidation.

To the present day, the petrol bomb remains a pivotal weapon in the

loyalist arsenal of sectarian violence. Just over a year ago, the burnt

out image of a house in Ballymoney was also accompanied by a photograph

of small boys, three faces just as well scrubbed but whose fate was less

kind.

 

Thirty years after the Bombay Street pogrom, children are still found on

the front door step of Rita Canavan’s home but the scene is no longer

one of desolation. Now 73 years of age, Rita is a proud mother of five,

grandmother to ten and “I’ve one great-grandchild,” she says. Outside

the youngest members of the family are playing in a street bathed only

in the light of summer sunshine. “Take our photo,” they call to An

Phoblacht’s photographer.

 

As newlyweds, James and Rita Canavan moved into Bombay Street almost 50

years ago. Today a roof high wall straddles the two communities, it’s

presence affording a measure of protection from the loyalist gangs who

still regularly pelt nationalist homes with bricks, stones, paint bombs

and less frequently petrol bombs. Thirty years ago there was “no peace

wall,” says Rita. “Protestant and Catholic houses were back to back.”

 

Rita remembers the area as a “quiet community of decent hardworking

people.” The largest factory, “Mackies”, despite being located in a

predominantly Catholic area of West Belfast, drew its workforce almost

exclusively from the Protestant community, the vast majority from the

Shankill. Catholics were more likely to be employed in unskilled, low

paid jobs, as store keepers in warehouses, in the mills and at the Royal

Victoria Hospital.

 

Whenever there was trouble brewing, Catholic families lived in fear of

Mackies’ afternoon shift finishing before the local men, forced to work

outside the area, had returned home. When on Friday 15 August, 1969,

hostile loyalist crowds began to gather for a second evening running,

“there was an insufficient number of men to defend the area,” says

Rita. “Some women wanted to put up barricades but we were persuaded

that everything would be alright by a local priest who was in contact

with members of the Protestant community.”

 

Outside a shoe shop on Cupar Street, members of the RUC and B Specials

were standing with a crowd of loyalists. “We thought the RUC were there

to stop the loyalists invading the area,” says Rita. “We were wrong,

they gave us no protection at all.” As fears of a loyalist incursion

increased, the decision was taken to evacuate Bombay Street and a number

of vulnerable streets in the surrounding area. “Crates of petrol bombs

had been seen by one of my neighbours.” Residents boarded up windows

and barred their front doors. “Mrs McCarthy and I were the last two in

the street to leave,” says Rita.

 

St Paul’s parish hall was overflowing with refugees. “There were people

there from Ardoyne and other areas of Belfast where Catholics were being

attacked,” says Rita. Despite the noise and smell of burning, the

refugees at the parish hall did not anticipate the scale of the

destruction which would greet them the following morning. “A priest

told everyone to go home except those families from Bombay Street,”

says Rita. “We thought the house had been looted, we never imagined the

whole street had been burnt to the ground. There was nothing to salvage.

All we had were the clothes we stood up in.”

 

With four young children and expecting a fifth, Rita and her family

stayed with relatives until they were allocated a caravan in Beechmount.

“It was like a refugee camp,” says Rita. “We stayed there throughout

the winter of ’69. It was so cold even the toothpaste froze in the

tube.” But as well as the hardship, Rita remembers a sense of community

and individual acts of kindness with affection and praise.

 

The young men who held loyalist gangs at bay while their families saved

what they could, “they were heroes,” says Rita. The Travelling

community who faced loyalist violence to collect the furniture of

fleeing Catholic families in their lorries, “they were great,” says

Rita. And the many thousands of people who contributed time and money to

rebuild Bombay Street are also remembered. “I moved back into Bombay

Street on 11 July 1970,” says Rita, “and I’ve lived here ever since.”

 

SEAN MURRAY

 

“Bombay Street was a watershed for me and many of my generation,” says

Seán Murray. “It started in Derry, but at 16 years of age it wasn’t

until I saw what was happening on my own streets that it really hit

me.”

 

When large scale riots broke out in Derry after the first civil rights

march in October 1968, it seemed to one of the organisers that it was

“all out of proportion” to the housing and employment issues they had

been protesting about. After all, sectarian discrimination had been

borne quietly by the nationalist community for decades. They had seen,

as the song goes, “it through without complaining.”

 

In his study, ‘From Civil Rights to Armalites’, Niall O Dochartaigh

identifies the actions of the RUC and B Specials as the key factor in

the escalation of the conflict. “From the outset, the response of the

state and its forces of law and order to Catholic mobilisation was an

issue capable of arousing far more anger and activism than the issues

around which mobilisation had begun,” writes O Dochartaigh. “Police

behaviour and their interaction with loyalist protesters probably did

more to politically mobilise large sections of the Catholic community

than did any of the other grievances.”

 

On Tuesday 12 August 1969, an Apprentice Boys parade through Derry

clashed with nationalist residents. The RUC responded by baton charging

the nationalist crowd and armoured cars roared into the Bogside. In the

Bogside, the RUC encountered fierce resistance from the residents, who

forced the RUC into retreat armed only with bottles and stones.

 

August 13 and with Derry still under siege, RUC barracks in nationalist

areas in Belfast were stoned in protest. On 14 August, loyalist mobs

responded by burning Catholic houses in Belfast. “It was rumoured that

loyalists were coming to burn down Clonard,” says Seán, “I remember a

lot of people being on the streets and the priests promising to ring the

chapel bell if the area came under attack.”

 

The loyalists didn’t attack Clonard that night but from the chapel

grounds, Seán watched houses burning as loyalists attacked other parts

of the district. “There were houses burnt down in Dover and Percy

Street, down facing Divis Street,” says Sean, “Catholic homes in

Conway and Cupar Streets were also attacked. We stood and watched in

sheer disbelief.”

 

“One particular lorry was piled high with the belongings of a family

forced to flee for their home,” says Seán. “As it was turning from the

Kashmir Road into the Clonard area, a loyalist threw a petrol bomb onto

the lorry and the whole thing went up in flames.”

 

Using Browning machine guns mounted on Shorland armoured cars, the RUC

fired indiscriminately into nationalist areas. In Divis Flats,

nine-year-old Patrick Rooney was killed as he sheltered in his back

bedroom. Four high velocity bullets pierced two walls before striking

the child in the head.

 

As morning broke on Friday 15 August, the scene in several nationalists

areas of Belfast was one of utter devastation. Six people had been

killed, more were injured. Catholic homes across the city were burning;

in some districts entire streets had been destroyed and hundreds of

nationalists had been force to flee their homes.

 

“After the Mackies men got out of work on Friday afternoon, loyalist

crowds started to gather,” says Seán, “and the scene was set for

further sectarian attacks that night.” Families living in Cupar Street,

Bombay Street and other vulnerable areas had already left their homes.

The loyalist invasion of Clonard began early Friday afternoon. The RUC

refused to come into the area, they gave the loyalists a free hand.”

 

“We had to defend ourselves,” says Seán. “People came out and did the

best they could. Gerald McAuley, a 15-year-old member of Fianna Éireann,

was shot dead defending this area, others were shot, some seriously

injured. Alex Robinson and Eddie Donnelly were two of several seriously

wounded.”

 

d for many young people at the time, once the disbelief had been

dispelled, a grim determination to make sure it could never happen again

set in.

 

“We were politicised overnight,” says Seán.

 

NELLIE McAULEY

 

“He’s not coming home,” says Nellie McAuley. “They were the words

that confirmed my worst fears.” A large black and white pen portrait of

her son hangs in the living room of Nellie’s terrace street home. “It

was drawn by one of the prisoners in Long Kesh,” says Nellie, “and

given to Gerald’s uncle. It’s a good likeness.”

 

Gerald McAuley was 15 years old when he was shot dead while defending

the Clonard district from loyalist attack. The likeness shows all the

optimism and confidence of youth. The kind of face which should have

been more at home on a GAA pitch challenging his peers, than facing a

pitched battle against a rampaging Orange mob.

 

At 7am on Friday 15 August, Nellie was in Belfast city centre where she

was working as a cleaner in one of the big stores. “I was working when

I heard the news that a wee boy, Patrick Rooney, had been shot dead by

the RUC in Divis Flats the night before,” says Nellie.

 

There were no buses for the return journey home. “A young woman was

standing at the bus stop in the town,” says Nellie. She was a

Protestant, the girl told Nellie, and was too afraid to walk home

through West Belfast. “I told her she’d be alright with me, and we

linked arms and walked home together.”

 

Years later, the two women met again. “She remembered me and also knew

that my son had been shot dead just hours after we first met,” says

Nellie. She thanked Nellie for her kindness and said she had been sorry

to hear Gerald had been killed. “It was ironic,” she said. “No, it

was tragic,” said Nellie.

 

“I’d been out queuing for bread,” says Nellie, “and when I returned

home there was a commotion at the house. Someone said Gerald had been

shot. Another neighbour said he’d only been hit with a stone.” With an

increasing sense of foreboding, Nellie began a desperate search for her

son.

 

“I heard some of the wounded had been taken to the Royal Victoria

Hospital. I pleaded with a nurse to let me search the wards.” A

neighbour waiting in Casualty for his injuries to be treated confirmed

that Gerald had been shot but he wasn’t at the Royal.

 

Back at home, news reporters had visited the McAuley’s, asking for a

photograph of Gerald. “He must be dead,” Nellie told her daughter

Frances. Finbar McKenna’s father took Nellie to the City Hospital. “A

sister at the hospital said Gerald wasn’t there but there was a

19-year-old youth in the morgue at Musgrove Barracks,” says Nellie. “I

knew it was Gerald; he was only 15 but he was big for his age.”

 

Returning home, the reaction of people manning a barricade at Kennedy

Way added to Nellie McAuley’s fears. “They moved so quickly and quietly

out of our way.” From across a road a priest called to Nellie. “Are

you looking for your son?” said the priest, “He’s not coming home, go

home now, he died for his faith.” Later that night Gerald’s father

travelled to Musgrove to identify his son’s body.

 

“I didn’t know Gerald was a member of the Fianna,” says Nellie. “He

was often away from home cycling and camping but I never thought

anything of it. I was told later that he had been helping evacuate

families, loading their furniture onto the back of a lorry.”

 

The McAuley family’s ordeal did not end there. Three weeks later a

British army captain knocked on their front door. “He asked for my

husband and told him he was wanted down the barracks to identity his

son,” says Nellie. “My husband told him Gerald was dead and buried but

he insisted. ‘Is it Jim?’ he asked. At the barracks the RUC roared with

laughter. It was their idea of a joke, a sort of initiation stunt for

the British army officer.”

 

PATRICK McPARLAND

 

“They were a few men with very few weapons but they fought bravely to

defend this district,” says Patrick McParland. Patrick was a young man

of 20 when he watched a handful of IRA Volunteers repel an armed

loyalist mob intent on driving Catholics out of the Clonard area.

“Bombay Street had already gone up in flames,” says Patrick, “but I

tell you it could have been a lot worse.”

 

Patrick describes the attack of 15 August 1969 as “well planned” by

loyalists and endorsed by the RUC. “In the early hours of Friday

morning, the RUC raided a house in Kane Street, arrested two men and

‘recovered’ the only weapon in the district,” says Patrick. The RUC’s

action suggests they not only knew of loyalist plans to attack the area

but also colluded by disarming nationalists in advance.

 

At Mackies factory, the loyalist workforce held a secret meeting. “A

Catholic working in the factory walked into the meeting in the tool room

by chance,” says Patrick. “The room fell silent and he was questioned

about what he had overheard.” When Mackies afternoon shift finished

work, the workforce was strangely quiet and quick to leave the district.

 

“Trouble started as soon as Mackies workers were away,” says

Patrick,” as if they had waited until everyone was safely home on the

Shankill before turning the heat up.” The Catholic district began to be

showered with hundreds, perhaps thousands of petrol bombs.

 

“They must have been up all Thursday night preparing that amount of

petrol bombs,” says Patrick. “This was not a spontaneous riot.” The

RUC had guaranteed Clonard Monastery that they would defend the area

against any sectarian attack. “The RUC lied,” says Patrick. “They did

nothing.”

 

As residents desperately tried to defend their homes, fires began to

take hold in some houses under petrol bomb attack. “At Teddy Lynch’s, a

loyalist threw a grenade and the whole house just went up.” says

Patrick. Teddy later came back to collect his motorbike – “Motorbike?

there was no bloody house!”

 

“Geordie McMahon took the initiative,” says Patrick. “He hijacked an

articulated lorry and threw it across the bottom of the Kashmir Road.”

At a gap between the back of the lorry and a wall, a loyalist gunman

appeared.

 

“He was dressed in a black hat and black tunic and his face was covered

with a hankie. He was carrying a sterling sub machine gun.” As the

gunman appeared, nationalist residents at the top of the hill ran to the

left. “Gerry McAuley ran to the right, he made it as far as Waterville

Street, but there was a burst of fire and he fell.”

 

The gunman who killed the 15-year-old was a well known local loyalist

whose family lived next door to a Catholic-owned bar in Cupar Street.

Three other people were shot and seriously injured by loyalist gunmen in

the Clonard district that day.

 

As Bombay Street began to burn, firemen refused to drive into the

street. “I think they must have been intimidated by the loyalists,”

says Patrick. “Colm Meehan drove one of the fire engines up himself. We

didn’t know how to use it but it was worth a try.” The fire engine was

abandoned when loyalist gunmen fired through the windscreen.

 

Then the IRA arrived. “A handful of men and they weren’t very well

armed ” says Patrick, “but what they lacked in manpower and firepower

they made up for in courage and tenacity. The men who fought that day

became the founding fathers of the Provisional IRA of today.”

 

MARTIN MEEHAN

 

“A .303 rifle with eleven rounds of ammunition saved Ardoyne,” says

Martin Meehan. “In August 1969, the IRA of that time left nationalists

in North Belfast defenceless.” Trouble had been brewing in the north of

the city for weeks. By August, as sectarian attacks on Catholic areas

intensified, the steady flow of families fleeing their homes became a

tidal wave of refugees.

 

“It was like something you would see in Kosovo,” says Martin, “wave

after wave of refugees fleeing to relative safety within Ardoyne and

further afield to West Belfast.” Every classroom in the local school

was sheltering families with their few belongings.

 

In early August, the then IRA leadership decided to move any weaponry

held in North Belfast into a central pool in the west of the city. “It

was all done very quietly,” says Martin. “They disarmed the area, we

were left defenceless and we didn’t even know. It was to cause a lot of

resentment later.”

 

On Thursday, 14 August, the RUC and B Specials “came in very heavy”.

Catholic homes and businesses were burnt along the front of the Crumlin

Road. The decision was taken to use buses at a local depot to barricade

the district against further attack.

 

“About 50 buses were used,” says Martin. “They were used to block off

as many roads into the Ardoyne as possible. It was our line of

defence.” That afternoon loyalists opened up with shot guns,” says

Martin, “20 people were hit and Ardoyne was in turmoil.”

 

Martin remembers with some amusement the casualty ward in the Mater

Hospital. Injured nationalists and loyalists sat within spiting distance

of each other “and never a word was spoken,” says Martin.

 

Snipers had climbed to the top of mills overlooking Ardoyne and were

firing at anyone who moved. Unarmed and under fire, a few local men

later set fire to the mills as a defensive measure to deny the sniper a

vantage point.

 

“Someone produced a .303 rifle and 11 rounds of ammunition. That rifle

saved this area,” says Martin. The weapon was moved from street to

street and “the roar of it gave the impression that we were well

armed.”

 

Both loyalists and the RUC did not attempt to invade the area beyond the

barricade of buses. “Catholic homes on the other side of the barricades

were attacked and burnt but on this side we were able to defend the

district.

 

“In the immediate aftermath Republicans paid a heavy price for the then

leadership’s decision to take weapons out of the area. The seeds for the

split which gave birth to the Provisionals were partly sown in North

Belfast in ’69.”

 

ANN McLARNON

 

“My husband was murdered for being a good neighbour,” says Ann

McLarnon. In the front parlour of the McLarnon family’s Ardoyne home,

Ann recounts the night when as a young wife she was robbed of a gentle

husband and her three small children lost a father they were too young

to really know.

 

On the wall hangs a small snapshot of a happy couple on their wedding

day, holding hands as they walk together down a terraced street. Above

the television hangs a much larger framed newspaper cutting of Sammy

McLarnon’s funeral cortege.

 

As Ann tells her story, her voice is trembling and there are tears in

her eyes. If Sammy and his bride’s joy had been brief, the grief of his

widow has been as long as the trailing line of grim-faced mourners

carrying Sammy’s coffin along a winding road.

 

“We heard shooting earlier that night but I didn’t know what shooting

was and when Sammy dismissed it as only blanks I was reassured,” says

Ann. “Sammy wanted me and the kids to go and stay in his mother’s house

but I refused.”

 

Ann and Sammy moved into Herbert Street shortly after they were married.

By August 1969 the young couple had a two-year-old son, Sammy, a baby

daughter, Ann Marie and Ann was expecting their third child, Samantha.

Ann was only 20 years old, her husband just 27.

 

At the top of the street, a crowd of loyalists had gathered together

with some members of the RUC. “A house had been set on fire,” says

Ann, “and Sammy went up to help put out the flames.” Shots were fired

as a few local residents tried to save the house. “Leave the fenian

bastards to us,” an RUC officer had shouted to the loyalist mob.

 

“When Sammy came back into the house we both stood by the front window

watching two fellas standing directly across the road,” says Ann. “The

RUC spoke to the two men and they were moved away.” Ann went out into

the kitchen.

 

It was only a few moments later. “As I walked back into the front room,

three shots rang out,” says Ann, “Sammy fell to the ground.” Ann

remembers calling her husband’s name, screaming and running for help

next door.

 

Sammy McLarnon’s body lay where he fell for over five hours while the

RUC and B Specials refused to let an ambulance through to the house. In

the end, the dead man was taken away in a black taxi. Ann and her

children were taken to Sammy’s mother’s house in Andersonstown. “I was

in a state of shock,” says Ann. “I couldn’t think. I didn’t want to

believe Sammy was dead.”

 

Later on the night of the killing, the RUC opened fire again on the

McLarnon family’s home. The walls of the house were riddled with

gunfire. It was over a month later before the RUC sent a forensic team

to investigate the crime scene.

 

“There was only three shots fired when Sammy was killed,” says Ann.

“I have no doubt that those shots were aimed. The RUC deliberately

killed my husband and then covered it up. The house was riddled so that

it seemed as if Sammy had been killed by a stray bullet, an accident.”

 

_________________________________________________________

 

Three past members of Kings County Division 19 grew up on that street,

joined the provos, went to Long Kesh and came to Brooklyn and joined

the A.O.H. Two have sinced died. Both are buried in Miltown Cemetary,

one was buried with full  Honours. They are my friends and brothers

Eamon and Kieran Meehan. The third Colm, after Eamon died, moved

back to Belfast where he currently resides. Kings County has its F.F.A.I.

fund set up to honor Kieran and for all he has done for Irish Freedom

while in the U.S. Those wishing to donate to the Funds Christmas Appeal,

please contact Jim@ BrooklynIrish.com

 

Fifty-Five British Soldiers Are Refusing to Help Northern Ireland’s Bloody Sunday Murder Investigation

Posted by Jim on

Bloody Sunday PSNI Murder Investigation Report – Ciarán Shiels of Madden & Finucane speaks to investigative journalist Lara Whyte.

A man walks past a Bloody Sunday mural in the Bogside, Derry

Relatives of those killed in Northern Ireland’s infamous Bloody Sunday massacre have denounced the police investigation into the murders after being told that 55 soldiers present that day are refusing to be questioned.

Kate Nash, whose 19-year-old brother William was among 13 people shot dead when British Army paratroopers fired at civil rights protesters on January 30, 1972, claimed the UK government and Police Service of Northern Ireland (PSNI) were engaged in another cover-up. Soldiers were told to fire upon unarmed demonstrators, she believes, rather than the shooting being the result of troops disobeying orders as a previous major inquiry claimed.

The massacre took place during a demonstration in the city of Derry in the early years of the so-called “Troubles,” a 30-year violent conflict centered on the status of Northern Ireland. Between 10,000 and 20,000 people had gathered to protest against a policy known as internment, where people suspected of being a member of a terrorist group such as the Irish Republican Army — Catholic insurgents who wanted Northern Ireland to break away from British rule — were being rounded up and detained without trial.

The overwhelming majority of those arrested were Catholic — 1,874 out of the 1,981 detained in total between 1971 and 1975 — and the march, organized by a group called the Northern Ireland Civil Rights Association attracted mainly (but not exclusively) Catholic men, women and children.

After the march was prevented from entering the city center by the British Army, it moved to “Free Derry Corner” in the Bogside, a Catholic area of the city that still prides itself in being separate from British state. Soldiers from the British Army’s elite Parachute Regime moved into the Bogside after bricks where apparently thrown at one of the barricades erected by the army.

Within 30 minutes they had shot 13 men dead and injured more than a dozen. A fourteenth victim later died of his injuries.

After the massacre, the army claimed they had been attacked first and accused the protesters of being terrorists and members of the IRA — but this has always been rejected as false by those there and was later officially discredited.

A 12-year public inquiry into the killings led by the British judge Lord Mark Saville ultimately concluded in 2010 that none of those killed were posing a threat, that the paratroopers fired the first shots, that they had fired on fleeing unarmed civilians, and shot dead a man who was already wounded.

No action was taken in response to the Saville inquiry by the PSNI or judicial authorities for two years, a source of much anger for relatives. In July 2012 a murder investigation was finally launched following public pressure.

Ciaran Shiels from Madden and Finucane solicitors, a lawyer representing the families, told VICE News that the current investigation has been an uphill battle from the beginning.

“It is important to bear in mind that after the Saville inquiry reported in 2010, it wasn’t a matter that the PSNI of its own volition took to investigate — even though Saville had said that these people had been shot without justification,” he said. “We had to write both to the Chief Constable and the Public Prosecution Service saying there is prima facie evidence here of attempted murder on a grand scale and what are the PSNI going to do about it?”

Progress has been painfully slow — no arrests have been made, and families were told that the military suspects — i.e. the members of the army identified in the Saville report as having fired the fatal shots — have yet to be interviewed. In the latest update given to the families, the PSNI’s senior investigative officer Detective Chief Inspector (DCI) Ian Harrison said 34 military witnesses and 310 civilian witness statements had been recorded.

In a statement to VICE News, a PSNI spokeswoman confirmed that 55 military witnesses and 239 civilian witnesses have “declined to engage with the team.” She stressed that the 55 soldiers were not suspects.

“Those military witnesses who have refused to engage are regarded as being potential witnesses to events,” said the statement. “Please note, they have refused to engage in terms of recording witness statements, not interviews. It should be noted that these soldiers are witnesses, not suspects, and are therefore not obliged to speak with us.

“The seven military witnesses to be interviewed over the coming months fired shots. That is the focus of the investigation at this stage and these interviews will take place over the coming months.”

For Kate Nash and the other families of the dead, it has felt like another bitter blow in their long campaign for justice. She criticized the PSNI, saying the glacial pace of the police investigations was “soul-destroyingly frustrating.”

“The police told us that they couldn’t compel them to come forward, but that is absolute nonsense — because these 55 witnesses to massacre should be fully aware there is another crime called withholding evidence, and we know that very well. They could do the right thing now, but they don’t. In some of the cases, they have the bullet, they have the gun that leads to the solder and the police agreed this is solid evidence, so why haven’t they arrested him?”

Shiels, the solicitor, said it didn’t appear to have occurred to the police that they could and should compel the army members to co-operate, and that they could be charged and jailed for failing to do so.

“In respect of murder, when one withholds information, it can be punishable by up to ten years imprisonment,” he said. “It is an arrestable offence, and the position of the families would be that soldiers who are suspected of withholding relevant information should be warned that they are themselves at risk of arrest and prosecution. So it came as an issue of very serious and immediate concern to the families that there seemed to be an attitude of the PSNI that is someone doesn’t want to co-operate with us there is nothing we can do about it. ”

He also said stressed that a great number of civilian witnesses that day would have been fleeing for their lives or hiding from the barrage of bullets the soldiers were firing, while those soldiers not firing at the crowd would have had a privileged and safe view.

The PSNI would not be drawn on whether the interviews the army members gave could be used as evidence, or what effect the lack of co-operation would have on their investigation — only confirming they were beginning to interview those soldiers identified as firing the shots under caution.

Nash believes that the findings of the Saville inquiry, as scathing as they were, did not reveal the full truth of the events of the day, and there are political reasons why the police are not investigating the murders fully. The government, she says, is afraid of what the soldiers might say if they were in court.

“It is a terrible blow to us all. They could arrest soldiers right now and the fact is they are not. The government doesn’t want to take soldiers to court, and I’ll tell you why — because it went further than those soldiers,” she said. “[Saville] concluded that one officer and nine soldiers were responsible for what happened — [the report] said the officer had disobeyed orders but the same officer was actually given an OBE at the end of 1972 and those soldiers were all given medals of honor. If they were given medals then obviously they had done good work. They were ordered in there, we know that.”

The events and the smears against the unarmed victims that came after were catastrophic for the people of Northern Ireland, but for the families of those who died, the tragedy remains personal above all else.

“When William was shot, my father ran out under a hail of bullets try and help him, and he was shot and injured in his arm and in his side,” Nash told VICE News. “William’s body was dragged out of his arms by the army and he was taken into the back of a [military] van. My father never really got over the way they dragged his body away from him like that.”

Her mother had been in hospital and did not attend the march, and was only well enough to be told about the death on the day of William’s funeral.

“She was well sedated when my father and the local priest told her, and she didn’t react — there was just silence. It was when she got home a few days later she walked through the front door, she just started screaming his name, and that screaming lasted for a long time. A very long time.”

Nine bailed as prison abuses continue

Posted by Jim on October 12, 2015

There has been a positive development in the campaign against internment
by remand in the North, with nine republican prisoners arrested in a
high-profile raid in Newry last year, including one until recently on
hunger strike, all receiving bail.

Continuity Sinn Fein this week acknowledged the release on bail of those
arrested in Newry. They include Liam Hannaway, a cousin of Gerry Adams,
who spent four weeks on a hunger strike over the treatment of republican
prisoners in the North.

They said they are now focusing their complete attention on the
returning of elderly prisoner Sean O’Neill to his home city of Limerick.

Mr O’Neill is currently on bail in Ulster Hospital outside Belfast,
where he is suffering from terminal cancer. Part of his bail conditions
is that he must remain in the Six Counties and not cross the border.

CSF described him as a “political hostage”. “As a terminally ill
patient, Sean O’Neill poses no flight risk whatsoever,” they said.

“We view this treatment of a 76 year old terminally ill man who is
slowly dying of cancer as totally inhumane on the part of the British
establishment in occupied Ireland.

“We hereby demand that Sean is allowed return home to his native
Limerick City where he can live out his final days with dignity and
respect while surrounded by his family and loved ones.”

Broader campaigns on behalf of prisoners subjected to injustice and
abuse are also continuing.

DENIED REPRESENTATION

This week, a female remand prisoner was effectively denied legal
representation as she struggles to defend herself.

Christine Connor was arrested by the PSNI after a pipe bomb was thrown
at one of their patrol cars in May 2013. She has now spent two and a
half years at Hydebank prison as a victim of internment by remand.

Prisoner welfare group Cogus said it recently been made aware of a
serious breach in her human rights when a court hearing took place to
discuss ‘secret evidence’ against her, from which her defence team was
excluded on the grounds of national security”.’

A human rights requirement to appoint a security-cleared special advisor
on her behalf was then ignored by both the court and her own legal team,
so no-one was present to monitor what occurred or the validity of the
evidence presented.

Ms Connor’s effort to secure new legal representation was rebuffed by
the judge, who declared her legal efforts to be a waste of public money.
She is now being forced to represent herself.

Cogus said it wanted to highlight the miscarriage of justice “as it has
fallen on deaf ears when presented to the media”.

“The British justice system has again went to new lengths in their
attempt to crush political dissent,” they said.

ARBITRARY STRIP SEARCHES

Meanwhile, at the main high-security jail in the North, the Irish
Republican Prisoners Welfare Association said prisoners continue to be
brutalised in pursuance of a British criminalisation policy.

The actions of the authorities at Maghaberry was “a failed policy of the
past doomed to fail yet again”, they said.

They pointed to the plight of Nathan Hastings and another prisoner, soon
to be released, who have been singled out in recent weeks for
humiliating forced strip searches and arbitrary punishments.

“These actions are designed to provoke actions and fuel conflict which
are then followed by allegations of threatening behaviour against staff
to retrospectively justify and give cover to malign and bigoted jail
staff,” they said.

“All attempts to quell republican resistance within the prisons will
flounder on the walls of those same prisons just as they did on the
walls of Long Kesh, Crumlin Road and Armagh gaols.”

Stormont House Agreement: ‘Legislation does not represent independence’-says Barrister

Posted by Jim on

• Victims relatives have been scathing of the draft legislation
• Barrister Padraigin Drinan says the legislation does not represent independent investgation
• The issues have also been raised in Dail Eireann

Eamon Sweeney. Derry Journal. Friday, October 9, 2015

“In general, the Irish government haven’t sufficiently interested themselves in Northern Ireland, and there can be an unfortunate tendency for some amongst them to treat Northern Irish issues as political footballs to be kicked around when it suits them. “Clare Daly,  TD  (Dublin North constituency).
Reaction from people involved in the campaign for justice from relatives of ‘Troubles’ victims has been strong since the ‘Journal’ exclusively published the legislation on dealing with the legacy of the past on www.derryjournal.com on Tuesday.

The legislation is due to be presented at Westminster on October 12.

Previously a Freedom of Information request seeking to view the details of the proposed bill was refused on the grounds that releasing such information was “likely to prejudice development and subsequent implementation and could allowed targeted lobbying by certain groups that could inhibit objective decisions being made.”

However, the ‘Journal’ obtained a copy of the legislation which the political parties involved in negotiations at Stormont received on September 29. And, at Westminster recently Secretary of State for Northern Ireland, Theresa Villiers had revealed that all five political parties involved in the negotiations had given their support to the proposals for dealing with the legacy of the ‘Troubles’.

Whilst Theresa Villiers denies that the legislation does  represent an amnesty the fears of victim’s relatives that this was the case were confirmed when it became clear that perpetrators of killings would be able to confess their crimes to the newly established Historical Inquiries Unit (HIU) and then walk away without fear of prosecution. Relatives of those killed will also not be told if any disclosure has been made in relation to the deaths of their loved ones.

The legislation does allow scope for prosecutions if new evidence comes to light, the manner in which disclosed information will be evaluated makes it unlikely that a a wide range of prosecutions will ever take place. The HIU is set to replace the Historical Enquiries Team (HET) and unlike the HET will have full policing powers and access to state documents.

Yet, relatives have highlighted that their  fear the HIU will not contain the promised level of investigative independence hoped for.

The new director of the HIU will be appointed by Peter Robinson and Martin McGuinness, and they will also have the power to sack the director as well. And, members of the British Army and police-both former RUC, PSNI as well as serving members of those organisations will be eligible to take up posts as ‘independent investigators’.

The establishment of the HIU is set to cost £150 million and its remit is set to last five years.

The Secretary of State will have the ultimate say however with the ability to shut the entire operation down. And cross-border evidence from the Gardai in relation to ‘Troubles’ related murders will not be admissable in Northern Ireland as the legislation contends it may be detrimental to international relations between Britain and the Republic of Ireland.

Barrister Padraigin Drinan, who has been to the forefront of many campaigns for victim’s relatives including some of the Bloody Sunday families is in no doubt that the legislation lies far from the impartiality of investigation that was heralded.

She told the ‘Journal’: “The bit that causes me most concern is the apparent ability of former members of the RUC and PSNI not to be investigated, because if the new HIU had the same powers as the Police Ombudsman where they couldn’t be investigated, they still cannot be investigated, but those same people can be appointed to the HIU. So, basically the RUC and PSNI can walk clear.

“The difference is that the HET did not have the powers of arrest. If they found something wrong they had to get a police officer to come and investigate, but now the HIU will have the powers of arrest. The HET were investigating British Army cases and civilian cases but the Police Ombudsman was investigating police cases. So, the police appear to be still as well off as before, but the Police Ombudsman will have no further powers.”

On the point that the First and Deputy First Minister’s have the power to hire and fire the director of the HIU, Padraigin Drinan said: “They can dismiss the director if they are not satisfied with something they are doing. The legislation says they must have the grounds to do this, but the fact they have the power of dismissal doesn’t appear to me to be independent.

“The officers of the RUC and PSNI who were involved in ‘Troubles’ related cases are walking clear, that is the main thing. What about cases involving collusion? If the officers concerned are not currently serving there’s nothing the Police Ombudsman can do about it,” said.

Padraigin Drinan also contends that the framing of the legislation was deliberately construed in this manner to further elongate any ‘Troubles’ related inquiries.

She told the ‘Journal’: “This is only Strand One of the legislation. Strand One is necessary because the European Court have told the British Government that they must conduct independent investigations, but this will not comply with the European conventions on independence and by the time it is realised that it does not comply, many more relatives will probably have died.

“All the participants in the war can basically forgive each other and walk away and destroy the documents.”

Manus Deery was 15-years-old when his life was taken by a British Soldier in May, 1972.

Over 40 years later his sister Helen is still battling to get an inquest into the murder in Derry’s Bogside.

Northern Ireland currently finds itself in the peculiar position where it has a lack ofcoroner’s. Advertisements requesting applicants for people suitable to the role have been sent out, but to date there have been no appointments made.

In the coming months the North’s Lord Chief Justice,Sir Declan Morgan, will assume the Presidency of the Coroner’s Court and can make appointments. However, the lack of progress has eroded any remaining confidence of Helen Deery had in the system.

Speaking to the ‘Journal’ about the legislation on investigating the past she said: “I am disgusted by it. Just disgusted.

“I think the whole coronial process will disappear as well. I do not believe there will be another coroner appointed here.

“It took 43 years to get a courthouse booked in order to have an inquest. It was due to be from April 13-22 this year and all the witnesses in Manus’ case were summonsed. Then the week before it was due the judge said he wanted to conduct it as a non-jury inquest and I refused it because I wanted the same entitlements as everyone else.”

Barrister Padraigin Drinan said: “This a very important point. The Lord Chief Justice makes one major speech per year and this year he said how unhappy he was about how victim’s cases are proceeding. So, it shows the judiciary have concerns about all this.”

Helen Deery continued by saying: “Year in, year out you are getting kicked backwards. There is no moving on, there is no closure and may God forgive any of the politicians who have signed up to support this legislation because of the position it will leave thousands and thousands of people in.

“How can I face my brother in heaven if I do not get justice for him?”

And, Northern Ireland’s senior coroner has hit out at the “antiquated” inquest system at the end of his last case on Wednesday. John Leckey, said the law governing hearings is stuck in the 19th century and needs to be overhauled in a way similar to England and Wales in 2009.

Mr Leckey said: “We are out of the mainstream of development in coronial law and practice and I hope very much that those who have the power to do something about our antiquated law will be proactive, look at what is happening in England and Wales and concede Northern Ireland needs to follow suit.”

He investigated deaths since 1984, including Troubles cases dating back decades.

On Bloody Sunday, January 30, 1972, William Nash was shot dead by a member of the Parachute Regiment and his father Alex was severely wounded in an attempt to come to his son’s aid.

William Nash’s sisters, Kate and Linda have continued to campaign for victim’s rights and the arrest and prosecution of the soldiers involved in the Bloody Sunday killings.

Kate Nash had long held suspicions that the contents of the proposed legislation on investigating the past contained proposals that perpetrators could confess and then walk away.

Speaking to the ‘Journal’ she said: “There is no justice intended here for anybody obviously.

“I think the whole thing has been designed to get soldiers as well as IRA members to have a clear way out. Revisionism is definitely at work in all of this.

“I think it is now clear there has been a long term plan at work in this and it has probably been put in place over some years. We have been saying all along that victims will be shafted, but we will fight them to the end on this. It’s been a stalling process.

“Even with regard to the re-investigation into Bloody Sunday they could have arrested over 50 soldiers by now, but they haven’t done it. Why not?”

In the wake of the publication of the legislation dealing with the past by the ‘Derry Journal’, Derry based human rights organisation, the Pat Finucane Centre Centre (PFC) issued a statement which said: “In common with other human rights Non Governmental Organisations in Ireland and abroad, the Centre PFC welcomed many of the legacy proposals contained in the Stormont House Agreement (SHA).

“Hundreds of families who have been waiting many years for the deaths of their loved-ones to be investigated by an institution compliant with Article 2 of the European Convention on Human Rights were heartened and encouraged by the proposals.

“They, and we, have been waiting with increased impatience for London to produce hard legislative proposals.

“The proposed legislation implementing that Agreement, however, as understood by the PFC, falls far short of what we and others believed would be the outcome of the SHA.

“The legislation, as we have seen it to date, amounts to an act of bad faith by London. It bears little resemblance to the proposals outlined in the SHA.

“We could not recommend that those families with whom we work should engage with the institutions as proposed. There are major concerns regarding the criteria for cases to be re-examined, so-called national security caveats and other concerns too numerous to outline.

“Further, the proposals are likely to cause even more serious damage to public confidence in the British government’s capacity to live up to its domestic and international commitments.

“The proposals also risk compromising public support in current policing arrangements.

“We urge London immediately to rescind the legislative proposals and engage with political parties, the Irish Government and NGOs to redraw the legislation or risk a disastrous outcome with the very families the proposals were intended to help withdrawing support.”

Clare Daly, and Independent TD for the Dublin North constituency has raised the matters concerning victim’s of the conflict in Dail Eireann. Speaking to the Irish Minister for Foreign Affairs, Charles Flanagan she impressed upon him the need for “trust and transparency”.

Speaking to the Journal Clare Daly said: “I’m happy to note from the Minister’s response that he believes that victims should be consulted and engaged with as part of the process of legislating to fulfil the commitments of the Irish Government under the Agreement, this is something that a lot of people have been very concerned about, and I’d hope that his answer was a genuine one, and his interest in communication and consultation equally genuine.

“In general, the Irish government haven’t sufficiently interested themselves in Northern Ireland, and there can be an unfortunate tendency for some amongst them to treat Northern Irish issues as political footballs to be kicked around when it suits them.

“Trust and transparency is key, and transparency from the state most important of all – closure and dealing with the past won’t be possible without those & I think that’s the biggest stumbling block.

“In terms of dealing with the past, I think that transparency is absolutely crucial, and that means no secrecy for all sides, especially the state. The state absolutely has to acknowledge its role. I’m not in favour of individual persons being rounded up for past crimes – I think total transparency from the state, and acknowledgement and openness about what happened is the way to go.”

Sinn Fein have described the proposed legislation on dealing with the ‘Troubles’ as “inadequate” and have claimed that the draft proposals revealed by the ‘Journal’ does not reflect what was agreed within the Stormont House Agreement in December last year.

North Belfast MLA for Sinn Fein, Gerry Kelly, who is on his party’s negotiating team for the ongoing talks said: “Substantial changes are needed to get back to what was agreed, particularly around maximum disclosure for families.

“It is clear from reading this document that the focus of the British Government appears to remain on hiding the truth rather than on full disclosure.”

“Families whose loved ones were killed during the conflict are entitled to know the truth. We will continue to work in the negotiations to achieve the mechanisms agreed at Stormont House so that families achieve maximum disclosure.”

Meanwhile, Stormont Justice Minister David Ford has apparently put himself on a collision course with the Northern Ireland Office (NIO) by telling the brother of an IRA victim during a meeting that the HIU “might at best produce one or two prosecutions.”

Mr Ford has not denied making the comments to Ken Funston whose brother Ronnie was shot dead by the IRA on the Fermanagh border in 1984.

Ken Funston has slammed the now defunct HET report into his brother’s murder and added that he felt “betrayed” by Mr Ford’s view that the incoming HIU would offer virtually no hope of justice for his brother.

The minister was asked to comment on the likely scale of prosecutions that the HIU would deliver and Mr Funston said that David Ford’s response was “shocking.”

“Considering the way this legislation is being trumpted by the NIO, British Government anf by the Assembly-that we are outting into place a procedure giving a lot of victims hope that there will be a thorough investigation into the death of their loved ones. But the reality is, the whole thing is a sham.”

Edwin Poots using language of the past

Posted by Jim on

Irish News Editorial(Belfast).
Anyone watching Edwin Poots’s “stench” outburst on Wednesday night will surely wonder how on earth we can build a society based on equality and respect in the midst of such a poisonous political atmosphere.

It was perhaps not just what the former health minister said but the way in which he said it. There was so much anger and loathing on his face it may well have shocked people watching the Nolan Live programme, unused to seasoned politicians losing control in such a way.

Of course, there will be those saying that it is no surprise that a senior DUP figure feels he has to “hold his nose” when dealing with Sinn Fein, but that it quite different from hearing it on live television.

It has to be acknowledged that thousands of people have suffered as a result of decades of conflict and victims of the IRA are absolutely entitled to feel distaste at the presence in government of those who took part in the campaign of violence which cost many lives.

However, it also has to be accepted that many victims support the inclusion of former paramilitaries in the political process, understanding that it is a necessary step towards a peaceful future.

It was interesting that on the same night that Edwin Poots was engaging in the language of the past, Martin McGuinness made a speech predicting a positive outcome for the talks and praising the work of the executive in delivering measures including lower student fees, free prescriptions and lower rates bills.

Whether this speech is paving the way for a shift in Sinn Fein’s stance on welfare reform remains to be seen.

But ultimately the parties will have to find a way through this impasse and a way of working together for the benefit of all.