From Relatives for Justice:

Yesterday evening the family of Roseanne Mallon sat at the 35th preliminary inquest hearing into the death of their 76yr old aunt in May 1994.
 
This attack, observed by undercover British soldiers, and carried out by a UVF death squad also injured their mother Bridget Mallon.
 
High Court Judge Reg Weir, the Coroner in the Mallon case, expressed his dissatisfaction and frustration at the PSNI and Ministry of defence for their continued tactics of delay and avoidance.
 
He told the counsel for the MoD and PSNI that their refusal to meet deadlines for providing relevant materials to the inquest is “unsatisfactory and inconsiderate”.
 
He told the representatives for the MoD that it is not for the MoD to decide how this matter proceeds and that the MoD were clearly moving at their own time in their own way and despite this - it is not for them to determine the timetable.
 

This statement came as a further application for delay in provision of relevant materials to the coroner was made. This follows three earlier extensions of time already having been granted since December 2009.

Counsel for the MoD and PSNI stated that the PSNI will be seeing the Minister Paul Goggins next Tuesday and requesting that he conduct a “balancing exercise”  on the materials which may be provided to the coroner’s court and applications for Public Interest Immunity. The Ministry of Defence were less certain as to when the British Minister for defence Bob Ainsworth would be available to conduct a “balancing exercise” into military materials and determine on what and whom Public Interest Immunity would be requested. They have requested that they received an extension for this until 1st April.

Judge Weir expressed his deep frustration particularly at the Ministry of Defence on this matter. He stated that timetabling cannot be left in the hands of interested parties. He told the solicitor for the MoD Mr Murray that the letters emanating from him were a model of obfuscation on every point.
 
On this discussion counsel for the Mallon family Fiona Doherty stated that the PSNI and MoD are minded to ignore all deadlines. It is clear at this point that Public Interest Immunity applications have not been done or prepared, despite the assertion that British ministers will be conducting balancing exercises this week.

Despite allowing an extension until the 1st April Mr Weir stated that the application was wholly unjustified and despite him not being happy about it he was only allowing it on faith of the assurances that all obligations would be met by 1st April – and he will see if this deadline is complied with.
 
Speaking last night Martin Mallon, the nephew of Roseanne Mallon said:
 
“This was another deeply disappointing day. It was the 35th time I have sat in a Coroner’s Court hoping that all matters will be moved along so we can begin the inquest.
 
“While Judge Weir was scathing in his comments to the PSNI and in particular to the Ministry of Defence – we have been here before with the Coroner in Tyrone Roger McLarnon making similar remarks – the MoD and PSNI just treat all of these occasions and this family with total contempt.
 
“It is unbelievable that it was just taken as acceptable that two British ministers in Downing Street would be used as another reason for delay. This was a killing of 76 year old woman sitting in her own home by an illegal paramilitary organisation. Why are the PSNI and MoD seeking Public Interest Immunity Certificates in such a case?
 
“We of course know now that our house was under surveillance. We know that the British army watched as the killing took place.
 
“The questions to be answered are whether the British state also ordered and directed the killing of my aunt and wounding of my mother that night. Were there state agents involved? These delays and the interventions of British ministers do nothing to allay our suspicions. Why would the PSNI and British government through its ministers seek a gagging order in relation to the murder of our aunt - a 76 old pensioner - and the wounding of our mother by an illegal paramilitary organisation?
 
“This killing happened in 1994 – 16 years ago. The longer this runs on the more impact it has on our family and on the wider community.
 
“We are now of course concerned that there will be direct political intervention into this inquest.
 
“They have until April Fools Day to hand over all materials and have all their paperwork completed – we shall see who the fools are.”
 

The following article by Relatives for Justice Chair Clara Reilly appeared in yesterday's Andersonstown News:

Equality must be at the heart of and underpin any agreed political process yet for the vast majority of ordinary people who were bereaved and injured by the conflict this has not been the case. They have had to continually watch virtually every process to date address the ever increasing list of issues raised by political unionism on behalf of ‘their armed forces’ above and beyond the concerns of the silent majority of victims and survivors and their competing needs.

In the wake of this week’s announcement that every RUC family bereaved are to receive twenty thousand pounds we reflect on the preferential treatment to this constituency involved in the conflict - to date there has been;

·      Patten severance payments for the RUC estimated to reach the billion pound mark with an average payment of between 116k – 230k (Source- Irish Times April 22^nd 2009 & Freedom of Information requests);

·      11 million to the George RUC Cross Foundation;

·      RUC Widows pension scheme receiving a special dispensation in being permitted to retain their widows pensions in the event of remarrying;

·      Annual payment of 1.8 million for the NI Police Fund;

·      Payments totaling almost 11.5 million pounds up until September 2008 on hearing loss claims;

·      Five thousand serving and retired members of the RUC/PSNI, including its reserve, claiming for Post Traumatic Stress Disorder (PTSD) with average claims from 5k to 300k – Nb. a PTSD diagnosis is not readily available or easy to access for the civilian population;

·      One British soldier after serving five tours of duty in the north received 620k;

·      UDR/RIR 250 million payment package for former members – average payment 42,470 for a private, Lance Corporal 77,314, and a Major 151,211;

·      Part-time RIR a further 6.7 million payment – with payments from 14k to 150k depending on rank – and the list goes on.

Nor does the above list consider the many specialist groups and organisations specifically funded to cater for former members of these forces, or the multiple groups that mushroomed in opposition to the Good Friday Agreement within their communities that are also funded. The phrase duplication of resources springs to mind.

It is also worth bearing in mind that numerous civilians who were threatened by non-state groupings, many whose details were ‘leaked’ to loyalists, have been continually refused financial support in terms of having to secure and/or up-root and move home.

Now that is not to say that anyone affected by the conflict within state groupings are not entitled to support. I am of the clear view that irrelevant of the circumstances everyone affected should receive adequate support to meet their needs.

However, this is not the case concerning state forces and the reality is that support is one-way in terms of addressing their needs. Those needs are  significantly less than the needs of those living with chronic pain, amputees, those paralyzed, blind and partially sighted to list some. A justifiable argument is that the situation is beyond that of being absolutely ridiculous with even ordinary unionists affected by the conflict now questioning the hierarchy within their own community.

In this latest agreement Arlene Foster announced that twenty million pounds would be made available to the RUC Reserve with Sammy Wilson further stating on the BBC that this was ‘a reward for their service’. And with parading at the heart of recent talks the irony that it was the RUC Reserve that were involved in some of the worst human rights violations and who assisted the forcing through of sectarian parades was not lost.

A further 12 million pounds has been set aside for the next financial year from the budget agreed at Hillsborough to address hearing loss claims by members of the RUC/PSNI.

This is quite a lucrative gravy train to be on as many can obtain their severance claims, PTSD claims, and hearing loss claims in addition to pensions – huge payments to people who have not been bereaved nor have life diminishing injuries and yet who played contentious role in the conflict creating thousands of victims.

I am not going to rehearse all of the systemic human rights abuses that these same forces were involved in during the course of their ‘duties’. Our community, and indeed to an extent from a differing perspective loyalist working class areas, know it only too well. Groups like Relatives for Justice and the Pat Finucane Centre are supporting families and individuals from across the community to seek the truth and support people living, and coping, with the traumatic after affects of their experiences.

Our focus is the search for truth, but ordinary people affected by the conflict are also living in extreme poverty as a consequence of their experiences and they continually ask where the equality agenda is when they see the people responsible for their loss and injury being constantly rewarded whilst their needs as the injured and bereaved are not being met.

Reparations are an important part of transition and must happen within a process of recognition and acknowledgement in a way that is equal for all. Ideally this should happen within a truth recovery process. This has clearly not been the case and the equality agenda is not only absent but smacks of everything that is one-sided, political, and wrong.

The only scheme that can currently financially assist victims and survivors is the Memorial Fund which is limited and restrictive often only able to annually assist people at best with a couple of hundred pounds after jumping through a series of bureaucratic hoops and tape that acts as  a disincentive for many in need. And which applies its own definition of a ‘victim’ rather than the inclusive statutory definition even though it is in receipt of public finances. Of course many within the ‘security forces’, especially those with a PTSD diagnosis, also avail of this scheme too.

In terms of hearing loss it would be interesting to ascertain precisely the circumstances in which many of these cases are being taken. Presumably the core of the claims arises from training in the use of firearms and plastic bullets including actual deployment. Given that thousands of civilians have been hit and injured, including people killed, by plastic bullets could it be that any payments resulting from the negligent use resulting in compensation payments to civilians that those same officers responsible would not be entitled to make claims? And that this could by chain of command be extended to all those responsible in authorizing their use.

Or those civilians who heard shooting by the RUC or lived within ear-shot, no pun intended, in these same areas and who did not have helmets and earmuffs provided could be entitled to make claims from the Policing Board?

Or that civil actions against individual members of the RUC who are to benefit from these millions and who were involved in making threats, harassment, raiding and wrecking homes, leaking files to loyalists, not to mention running agents involved in murder and then covering up, could be pursued by those on the receiving end of these practices.

Might strike you as ridiculous but isn’t that exactly what is happening within the ranks currently whilst actual victims and survivors needs are not being met?

And yet when Eames/Bradley dared to raise the specter of this financial need through a Recognition Payment, albeit only for the bereaved, representatives of this same ‘security’ constituency, including political unionism, were the most vocal rejecting it - effectively having a veto.

There needs to be a radical rethink that takes into consideration the social and economic circumstances of all those affected by the conflict particularly those living with diminishing physically injuries from across the community.

The Eames/Bradley Recognition Payment needs to be back on the agenda and progressed in real consultation with those bereaved and injured. If millions can be made readily available for state organisations directly involved in the conflict – if the cause of savers and investors in the Presbyterian Mutual can even be championed - then surely we can create a special reparations fund, and a charter for victims’ rights, for those left out and left behind.

The issue of equality must underpin and be at the heart of any agreed process otherwise it is meaningless for victims and survivors of the conflict.

From Relatives for Justice:

In the media maelstrom of last week the UPRG press conference announcing UDA/UFF decommissioning was somewhat overshadowed by affairs unfolding at the swish family Robison household and the pending implications.

Like all big set pieces of the jigsaw over the past decade the UDA/UFF banked on capitalizing on their announcement seeking to use the opportunity to lodge credit for decommissioning. However, their announcement carried little currency in West Belfast, the killing fields of North Belfast, North Armagh, South Derry and East Tyrone where these state sponsored death squads roamed freely - or for that matter, as I ascertained this week, in their own areas where they built criminal empires and plied their drugs trade.

Now that is not to say that the putting beyond use of some weapons is not to be welcomed – of course it is – but that misses the point. The UDA/UFF instead of decommissioning years ago engaged in a very public and cynical exercise seeking to extract money for arms much in the same way they extorted through racketeering down the years.

And whilst many of those most directly affected by their actions found this particularly odious others, whilst vehemently abhorred by this attempted stunt, saw an irony in that they were now seeking money in part from the very government that had provided their deadly arsenal. In reality a few former British ministers, generals, and Special Branch operatives was all that was missing from the UPRG press conference table – then we could have probably paid more attention.

Money for guns was always a logical move given the organisations habitual tendency for crime amongst its leadership which always made it rife for infiltration. A tendency that British Intelligence and RUC Special Branch fostered during their dirty war whilst Catholics were slaughtered and working class loyalist communities turned into wastelands through drugs, prostitution and extortion.

It has long been argued that anyone within the UDA/UFF who were free political thinkers attempting to move the organisation along the political road were either killed or ousted. It is no secret that John White thwarted any political future of the UDP. Gary McMichael and Davy Adams being effectively sidelined and removed by White who was eventually exposed in the Belfast Telegraph by security correspondent Brian Rowan as being a Special Branch agent.

Essentially it was Special Branch and MI5 securocrats who were preventing positive political moves by UDA/UFF, through the UDP, keeping them within their grip during political negotiations. The spooks were keeping their options open and their gunmen within the UDA/UFF in the ascendancy and at the height of negotiations many Catholics were consequently killed as the political stakes were raised.

Key UPRG figures cite privately the hand of MI5 and Special Branch in the assassination of John McMichael and others intent on moving down the political route.

Interestingly in August 2000 when Peter Mandelson returned Jonny Adair to jail at the height of the loyalist feud, in which the Lower Shankill was being devastated by White and Adair et al, the Sunday Tribune’s then Northern Editor ran an excellent article entitled ‘Security Forces created the UDA’. This detailed the British government’s responsibility for much of the UDA/UFF development over three decades into a sectarian killing machine and criminal fraternity.

Take for instance Billy Stobie who handed UDA/UFF weapons over to his RUC Special Branch handlers and which were later returned to the UDA/UFF who then used them in a number of killings like the Ormeau Rd bookies attack that claimed five lives and injured many others – and subsequently the killing of Aidan Wallace here in West Belfast at the Devenish bar - this killing completely disproving claims that these weapons were handed back ‘deactivated’ – some of these weapons were never recovered. Presumably – hopefully – they were part of the armaments put beyond use.

This is just one of numerous examples spanning four decades revealing the hand of the state within the heart of this organisation and a microcosm of the way in which guns from the UDR, RIR and ultimately South Africa flooded its ranks.

Families affected by loyalists are not particularly interested in UDA/UFF decommissioning. They want the truth about collusion between these same loyalists, how they were armed, infiltrated, directed and controlled to carry out hundreds of sectarian killings and political assassinations by MI5 and RUC Special Branch with the full sanction of Whitehall and Downing Street.

There was more of a reaction from families to Martin McAlease’s role in seeking to obtain ten million pounds in what appeared to be a pay-off for weapons when it became public more recently. That he actually gave the idea legs and spearheaded the initiative was particularly upsetting for scores of relatives. When Vincent Kearney first broke this story our offices in Tyrone, South Derry and West Belfast were inundated with families expressing their opposition to any such move.

In a BBC Evening Extra interview British secretary Shaun Woodward, when pressed, revealed that he had met Martin McAlease regarding seeking a reported five million from the British for his ten million pound plan. Woodward stated that he referred the Presidents husband to the OFMDFM and the Executive.

In other media interviews Gerry Kelly stated that there would be no funding for guns and that funding for loyalist areas would be solely allocated on need and criterion. We have yet to hear from the Irish Government concerning their intentions. It is highly unlikely that the McAlease venture was of his making alone.

But suspicion about some sort of deal or promise and of how it may possibly work its way out lingers in the air. And in a world of deals and political horse trading people are right to be suspicious.

So as Robinson seeks an inquiry into a few quid – and our interim First Minister recently implemented an official inquiry into flooding in Fermanagh - why can’t more serious matters like arming and controlling loyalist death squads not merit the same kind of inquiry? – Or is it that we can only have inquiries when it doesn’t concern Catholics being killed in which the hand of the state is complicit?

Many of the South African arms remain in circulation – in the control of Ulster Resistance. As one relative put; ‘if the IRA had to have said we will decommission everything except the guns in South Armagh’ imagine the pandemonium. Maybe those with knowledge of or involvement in Ulster Resistance will assist this decommissioning – though I doubt that any cash will exchange hands. We don’t want any inquiries do we?

Let’s hope for two things – that working class loyalists can effectively represent their communities politically and that all families affected by the conflict can have a truth process.

From Relatives for Justice (statement followed by comments from Tommy Carroll, brother of Roddy):

A preliminary inquest hearing this morning heard from lawyers, acting on behalf of PSNI Chief Matt Baggot, request an extension in order to prepare redactions and submit Public Interest Immunity Certificates, more commonly known as gagging orders, in respect of the Stalker/Sampson Reports into shoot-to-kill.
 
Previously senior Coroner John Leckey had given the new PSNI chief a deadline of September 9th to provide the reports but he failed to meet this deadline. His predecessor, Hugh Orde, had similarly failed to meet deadlines.
 
However, this morning at Belfast Coroners Court an extension was granted by Coroner John Leckey until the end of February 2010 in which redacted copies of the report will be provided to court.
 
It was also agreed that a format for making these available would equally occur enabling all those represented to receive the reports and associated materials. Reference was made to potential protocols recently discussed by all parties involved in the inquest into the murder of Roseanne Mallon in which Justice Weir instructed that the timeframe initially set out by the PSNI, under instructions from MI5, in assessing material evidence were too lengthy.
 
The court was also told that apart from the actual Stalker/Sampson report there were 18 additional boxes containing materials and a number of lever-arch files known as appendices containing statements. The latter were said by lawyers acting for the PSNI chief to be 'sensitive materials' and that 'applications for Public Interest Immunity concerning these would be made possibly from three separate sources.' It is believed that this may relate to the PSNI, the MoD and MI5.
 

From the Andersonstown News:

As unionist calls for financial reparations from Libya goes into overdrive, the Director of Relatives for Justice is appealing to the families of nationalist and republican victims to keep their minds focused on uncovering the truth.

Mark Thompson was speaking after a delegation of MPs from the North, including the DUP’s Nigel Dodds and Jeffrey Donaldson, returned from Libya at the weekend hailing their mission as a success.
However, Mark says that he wouldn’t bank on the Libyan regime forking out for victims of IRA violence.

“The Libyans aren’t indicating that they are going to provide a compensation package,” he said. “If the Libyans are minded to do anything, and that’s a big if, it appears that it may be an overall general package aimed at the community, the business sector and victims and survivors, it would be available to everyone.”

RFJ have been inundated with calls about the Libya issue in recent weeks and they have in turn, been in contact with Libyan officials, says Mark.
“Only half of the truth has been going to Libya, we have been providing them with the whole truth,” he said.

“Ever since the news of this Libyan action entered the public domain after the release of Al Magrahi, families, rightly and understandably, were outraged at the hypocrisy and double standards of unionism and the British government – they quite rightly referenced the South African weapons and the role of the British in assisting the loyalists.

From Relatives for Justice:

Speaking in response to the DUP's motion concerning the re-definition of a victim of the conflict Relatives for Justice Chairperson Clara Reilly issued the following statement;
 
'Jeffrey Donaldson, and the DUP, are pandering to a very small constituency of people bereaved that are not representative of the broader community of those affected by the conflict who, unfortunately, have refused to move forward with the rest of us.
 
'Essentially this is an anti-agreement group - ironically created and exploited by the DUP during its opposition to the agreement.
 

From Relatives for Justice:

Speaking after this morning’s preliminary inquest hearing into the British army’s SAS killings of Martin McCaughey and Dessie Grew, Peter McCaughey, Brother of Martin, issued the following statement through Relatives for Justice (RFJ);

‘The families have already taken the case concerning the killings to the European Court, the British High Court and the House of Lords in our battle to obtain the truth surrounding the killings and for justice to be seen to be done.

 ‘This has been an almost twenty-year legal battle that has taken its own toll in terms of the families – my father Owen passed away and in no small measure the impact of delay, prevarication and stalling of the inquest contributed to his trauma, ill-health and death. My mother is now continuing with the case.

‘At this morning’s hearing we again faced another tactical delay by the British government in the form of the PSNI’s Historical Enquiries Team (HET). As the inquest is now set, after almost twenty-years, to commence the PSNI informed the Coroner that the HET have the case on its schedule to examine and that whilst this would not yet commence until at least the latter part of 2010 it is their intention to examine the killings.

‘‘These killings were part of a clearly organized military plan to kill Martin and Dessie rather than to make safe and effective arrests within the rule of law. We further believe that the shoot-to-kill operation that led to the deaths was sanctioned at the highest political levels within both the NIO and London.

‘The objective on the part of the British government is to continue to prevent the truth concerning the killings from coming to light. The role of the PSNI’s HET must be seen within that context in that it is a contrived farce aimed at managing and suppressing the truth and thus the British government’s policy of shooting dead republicans.

‘For our part we want to publicly state that we do not want any PSNI HET examination of these killings.

The British government has certain legal obligations under both domestic and international law. We want a proper Article 2 inquest in which those responsible for planning, sanctioning and carrying out these killings are accountable to the families and the public for their actions. The HET met none of these requirements and their introduction at this stage is clear for all to see.

‘We will be raising the matter with the Irish government and will consider any legal action in terms of ensuring that this inquest proceeds immediately without any interference or distribution by the PSNI.’ ENDS

Editors notes - For further information please contact RFJ – 02890 220100 or our Dungannon office on 028 87751697

Please accredit Relatives for Justice.

From Relatives for Justice:

'It was subsequently reported in London's Private Eye that Nelson's role in traveling to South Africa and purchasing the weapons for loyalists had been approved by a member of the British Cabinet at the time.'

'Loyalists were re-armed in late 1987 when MI5's Force Research Unit (FRU) dispatched their agent Brian Nelson with the proceeds of a Northern Bank robbery in Portadown to South Africa to purchase a shipment of weapons that had initially been destined for the PLO. The ship being previously intercepted by the South African apartheid regime at the request of the Israeli government.

'It was subsequently reported in London's Private Eye that Nelson's role in traveling to South Africa and purchasing the weapons for loyalists had been approved by a member of the British Cabinet at the time.

'As a direct consequence of the importation of these weapons loyalists embarked on an unprecedented period of sectarian and political assassinations in which numerous others aspects of official collusion, apart from providing weapons, is well evidenced and documented. Loyalists are responsible for more deaths from this period onwards than any other participant to the conflict.

Relatives for Justice responds to Gordon Brown on Libya compensation:

'Until then we have urged the Libyan Government to withhold any payments in the wider interests of truth and justice for all those affected by the conflict throughout the island of Ireland. And in establishing who is really culpable as the easy way out is to only point the finger at Libya'