Reports obtained from:
(1) Irish Republican News, (2) Daily Ireland, (3) Pat Finucane Centre
Pat Finucane murder inquiry farce
Thursday, 17 March, 2005
Tuesday-Friday, 15-18 March, 2005
Thursday-Sunday, 10-13 March, 2005
Sunday, 13 March, 2005
Canadian Judge Peter Cory slams Finucane Inquiry legislation
By Pat Finucane Centre
In a letter addressed to the head of a US Congressional Committee and released earlier tonight Judge Peter Cory has slamed the current legislation which is intended to define the remit and scope of the inquiry into the murder of Pat Finucane. Judge Cory, who was appointed by the Irish and British governments at Weston Park to rule on public inquiries in a number of cases has today described the current situation as 'an intolerable Alice in Wonderland situation' and urged fellow Canadian judges to boycott any proposed inquiry should they be approached by the British Government. In the letter to Congressman Chris Smith Judge Cory stated,
"I cannot contemplate any self respecting Canadian judge accepting an appointment to an inquiry constituted under the new proposed act."
The full text of the letter is published below. Earlier today Geraldine Finucane and Mitchell Reiss gave evidence to the same congressional committee which received Judge Cory's letter.
For extensive background on the proposed Inquiries Bill see www.serve.com/pfc
From
The Honorable Peter Cory C.C., C.D., Q.C. Toronto, Ontario Tuesday, March 15, 2005To
Chairman Chris Smith WashingtonDear Chairman Smith:
The proposed legislation pertaining to the public inquiries is unfortunate to say the least.
First, it must be remembered that when the Weston Park Accord was signed. The signatories would have had only one concept of a public inquiry. Namely, that it would be conducted pursuant to the 1921 Public Inquiry Act. Indeed, as an example the Bloody Sunday Inquiry would have commenced its work as a public inquiry by that time.
The families of the victims and the people of Northern Ireland would have thought that if a public Inquiry were to be directed it would be brought into existence pursuant to the 1921 Public Inquiry Act.
To change the ground rules at this late date seems unfair. It seems as well unnecessary since the security of the realm would be ensured by the courts when the issue arose in a true public inquiry.
My report certainly contemplated a true Public Inquiry constituted and acting pursuant to the provisions of the 1921 Act.
Further, It seems to me that the proposed new Act would make a meaningful inquiry impossible. The commissions would be working in an impossible situation. For example, the Minister, the actions of whose ministry was to be reviewed by the public inquiry would have the authority to thwart the efforts of the inquiry at every step. It really creates an intolerable Alice in Wonderland situation. There have been references in the press to an international judicial membership in the Inquiry. If the new Act were to become law, I would advise all Canadian judges to decline an appointment in light of the impossible situation they would be facing. In fact, I cannot contemplate any self respecting Canadian judge accepting an appointment to an inquiry constituted under the new proposed act.
Yours sincerely
The Honourable Peter Cory
Tuesday-Friday, 15-18 March, 2005
Legal figures blast Finucane inquiry restrictions
By Irish Republican News
Lord Saville, chair of the new Bloody Sunday Inquiry in Derry, has publicly condemned the British government's controversial plans for holding a restricted inquiry into the murder of Belfast defence lawyer Pat Finucane.
The 1989 killing has been the subject of a lengthy campaign for truth and justice by the Finucane family, and the failure to hold an inquiry is seen as a key breach by the British government of its commitments in the peace process.
British forces are known to have colluded with unionist paramilitaries in the killing of Mr Finucane and other nationalists in a dirty war organised by its secretive FRU, the 'Force Research Unit'.
International pressure is increasing to ensure plans to limit the inquiry and hold parts in secret in order to protect the British national interest are dropped.
In one of two long letters to the British Constitutional Affairs Minister, Lord Saville, who has yet to deliver his report on the Bloody Sunday inquiry, writes: "I am convinced that the new Bill will make it difficult to get at the whole truth about the death of Pat Finucane".
He adds that he would "not be prepared to be a member of an inquiry, if at my back was a minister with power to exclude the public or to decide that evidence or documents should not be disclosed to the public."
Expressed in traditionally diplomatic language, the letter is a ringing condemnation of the British government's plans.
Saville also warns that the Finucane inquiry terms could breach Article 2 of the European Convention on Human Rights.
The retired Canadian judge Peter Cory, who recommended public inquires into four cases of British state collusion, said an independent probe into the Finucane case was "impossible" because of the restrictions.
"It really creates an impossible Alice in Wonderland situation," the judge wrote in a letter to U.S. legislator Chris Smith, who is chairing an ad hoc Congressional committee looking at human rights in the North of Ireland.
"If the new act were to become law, I would advise all Canadian judges to decline an appointment in light of the impossible situation they would be facing," said Cory's letter.
US Envoy Mitchell Reiss has also expressed concern at the meeting of the Congressional committee in Washington, but backed Britain's effort to protect its "national security".
He urged that the terms of reference should have the necessary authority "to establish the truth and to examine thoroughly the allegations of collusion highlighted by Judge Cory," but added that there should be "as much transparency as possible, within the constraints of protecting lives and considerations of national security."
Thursday-Sunday, 10-13 March, 2005
Anger over secretive inquiries legislation
By Irish Republican News
Canadian judge Peter Cory has said an independent inquiry into the murder of Belfast defence lawyer Pat Finucane would be impossible under new restrictions being imposed by the British government.
Judge Cory investigated allegations of state collusion in a number of high-profile cases in the North, recommending four public inquiries. However, the British government has continually sought to evade its obligations in this regard, particularly in respect of the Finucane killing.
Britain is currently attempting to limit the scope of inquiries and to give British ministers the power to order evidence be heard in private, and to bar the production of some evidence to protect British national interests.
Legislation to this effect is now making its way through the Westminster parliament in London.
Judge Cory said yesterday: "I don't know how any self-respecting Canadian judge would be part of it in light of the restrictions on independence it would impose."
The judge may attend a Congressional hearing organised by Republican congressman Chris Smith in Washington on Wednesday into the 1989 killing of Mr Finucane by the UDA.
The 1921 legislation, said Judge Cory, offered "sufficient protection" to the British government "for all the things that might deal with the security of the realm".
Disagreements were reported on Friday in London between officials from the Dublin and London governments.
The Government has pushed for the Finucane inquiry to be held under the 1921 Act, or, at least, the dropping of Clause 20 of the Inquiries Bill so that British ministers would not be able to force hearings to be held in private.
Taoiseach Bertie Ahern and his cabinet have been attempting to re-establish their nationalist credentials following months of wrangling with republicans.
Ahern has said he will raise the matter with President Bush and other senior US figures on Thursday.
Finucane case crunch talks are scheduled
Senior Irish and British officials will meet in London this Friday for crunch talks about the case of murdered Belfast solicitor Pat Finucane.
Pressure is mounting on British Prime Minister Tony Blair over his government's approach to the controversial case, following a meeting between Mr Finucane's family and Taoiseach Bertie Ahern in Dublin yesterday.
Canadian Judge Peter Cory investigated state collusion in Mr Finucane's murder, at the request of both the British and Irish governments after the Weston Park multi-party talks in 2001.
Last April, Judge Cory recommended that the British government should establish an independent public inquiry into the case.
The British government responded by refusing to publish key aspects of Judge Cory's report and by creating new legislation to set up an inquiry effectively controlled by the Secretary of State. Speaking from Dublin last night, Mr Finucane's son Michael, who's also a solicitor, told Daily Ireland that senior officials from both the Taoiseach's Department and the Department of Foreign Affairs attended his family's meeting with Mr Ahern yesterday.
"Mr Ahern made it clear that, in the Irish government's view, the Weston Park agreement required public inquiries to be established in the manner that Judge Cory recommended and that this is an obligation on both governments, where relevant," Mr Finucane said.
Revealing that Mr Ahern does not regard the British government's new Inquiries Bill as "a Cory-compliant vehicle", Mr Finucane said the Irish government has raised the case consistently with Mr Blair in correspondence and meetings during recent weeks.
"The Irish government takes the view that there is a binding agreement between the two governments and that the Irish government expect this to be fulfilled," he said. "The Taoiseach assured my family that there would be no compromise on this issue. The government's support for a full public inquiry and the Finucane family is as strong as ever." With the political process in the North at a standstill, and deepening concern among Northern nationalists about the approach of the Irish government, it is thought Mr Ahern may opt to pursue the Pat Finucane case vigorously with Mr Blair over coming months.
The prospects of the Irish government instituting formal proceedings against the British government under international law do, however, remain unlikely.
Next week, on the eve of St Patrick's Day, a high-profile Congressional hearing in Washington is scheduled to examine Pat Finucane's case.
Among the witnesses providing testimony will be Mr Finucane's widow, Geraldine. Michael Finucane revealed that the Irish government will be raising its concerns about the British government's approach to the case at engagements across the United States next week.
Copyright © 2005 Daily Ireland