Finucane family attack secretive murder inquiry as fiasco and circus
Monday, 13 September, 2004
Saturday-Tuesday, 11-14 September, 2004
Friday, 15 September, 2004
Saturday, 16 September, 2004
Saturday-Tuesday, 18-21 September, 2004
Thursday, 23 September, 2004
Friday, 24 September, 2004
Saturday, 25 September, 2004
Barrett pleads guilty to Finucane murder
By Irish Republican News
A former police special branch informer today admitted a role in the highly controversial murder of prominent Belfast defence lawyer Pat Finucane.
The plea us part of a deal which will prevent Barrett being questioned on the murder, which was carried out by a unionist paramilitary death squad acting under the direction of British Crown forces.
Barrett was one of two gunmen who broke into Mr Finucane's north Belfast home in February 1989 and shot him 14 times in front of his wife Geraldine and their three children. He is expected to be sentenced on Friday.
Barrett, who was a member of the paramilitary "Ulster Defence Association", was working for the police at the time.
The killing has been at the centre of demands for a public inquiry into collusion between unionist paramilitaries and British forces.
His admission of guilt today has heightened concerns that a cover-up is ongoing.
The British government has promised to launch a public inquiry following the conclusion of the Barrett prosecutio. However, previous commitments to hold an inquiry have subsequently been ignored or postponed.
Barrett, currently held in isolation in Maghaberry jail, will serve only a very brief sentence under the terms of the 1998 Good Friday Agreement. Several others involved in the case have died in violent or mysterious circumstances and Barrett is expected to remain under close watch following his release.
Commenting on the guilty plea this morning, Sinn Fein President Gerry Adams said that "the plea removed the bogus argument which the British government have been using to prevent a full independent inquiry into the murder of Pat Finucane from going ahead".
Mr Adams said Barrett's guilty plea was reminiscent of the "sordid deal" in the trial of the head of the killer unit, British Army operative Brian Nelson.
"Those elements at the heart of the British system who manipulated and directed the activities of the loyalist death squads were determined that the full extent of their activities, including the murder of Pat Finucane, were not revealed in open court.
"However unsatisfactory today's proceedings are, they do of course remove the bogus argument which the British government have been using to prevent a full independent inquiry into the murder of Pat Finucane from going ahead."
Mr Adams said he had been in contact with the British Government to press for an immediate announcement of a full independent inquiry.
"Given the Finucane family's experience of the criminal justice and policing systems over the past 15 years they have always been convinced that this would be the only avenue to get to the truth.
"Sinn Fein will continue to support the Finucane family and the other families of those murdered by the British State through its policy of state sanctioned murder in their search for the truth."
Finucane family renew calls for inquiry
By Pat Finucane Centre
The family of murdered Belfast solicitor Pat Finucane have today renewed their call for an independent judicial inquiry following the conviction today of an RUC informer, Ken Barrett, for his role in the 1989 murder. Speaking this afternoon Michael Finucane said,
“When Ken Barrett is sentenced later this week there will be no further impediment to the establishment of an independent judicial inquiry. We expect and indeed demand that the British Government finally honour the agreement made at Weston Park. The conviction of Ken Barrett has done nothing to lift the lid on who directed, ordered, financed and facilitated the murder of my father. We are as much in the dark after this prosecution regarding the exact involvement of the security forces and security services as we were beforehand. These are issues that can only be clarified in an inquiry. “
Ken Barrett plead guilty to a number of charges including the murder of Pat Finucane at Belfast Crown Court this morning. Campaigners are deeply suspicious that the British Government is abusing the prosecution process in order to delay an inquiry.
Saturday-Tuesday, 11-14 September, 2004
Finucane cover-up continues
By Irish Republican News
The family of Pat Finucane has renewed demands for a public inquiry into the murder following the conviction of unionist paramilitary Ken Barrett yesterday.
The Belfast defence lawyer was gunned down in front of his family at their north Belfast home in February 1989 by a death squad operating under the supervision of British forces.
The British government was unable to confirm that Barrett's dramatic confession meant a public inquiry into collusion in the killing could finally go ahead.
Mrs Geraldine Finucane, who was shot in the ankle by her husband's killers, said yesterday's proceedings brought her "no peace and no closure".
"Our main priority has always been the people behind the gunmen who directed them, the people who directed the entire operation that seems to have been carried out in Northern Ireland for a long number of years.
"It's the policy makers that we want to hold accountable. This trial which did not take place today certainly brings us no nearer that truth."
Her son, Michael, said the main reason cited by the British government for not initiating a judicial inquiry had now been removed.
"The government should now set out the way ahead. When does the inquiry begin? Excuses and further prosecutions back up our fear of drip-feeding delays."
He said the British Prime Minister was obliged to act on his Weston Park commitments. "It's over to you Mr Blair."
Sinn Fein and the SDLP, backed the family's appeal and renewed their calls for an immediate judicial inquiry.
Barrett, who was a police informer at the time of the killing, pleaded guilty at the beginning of his trial.
He also admitted attempting to murder Mrs Geraldine Finucane, possessing weapons with intent to endanger life and membership of the paramilitary UDA.
The 41-year-old's admission placed renewed pressure on the British government to press ahead with a public inquiry into the murder.
It has already announced its intention to hold inquiries into three other controversial killings. However, the exact details of where and when they are going to happen have yet to be given.
British Direct Ruler Paul Murphy had said an inquiry into Mr Finucane's murder, the most controversial of the conflict, could not begin because of ongoing criminal proceedings, but would not say last night if Barrett's confession had cleared the way.
British officials said they had no role in the timing of yesterday's court hearing -- coming the same week as crunch peace negotiations begin in England -- and refused to comment on allegations that a deal had been brokered with Barrett.
Due to be sentenced later this week, he could be freed within months under the terms of the Good Friday Agreement.
Michael Finucane, also a lawyer, said: "It would not surprise me if a deal was done - that in return for a guilty plea, Mr Barrett would be guaranteed protection, anonymity and entry into a witness protection programme.
"The government is more obliged than ever to do something to try and address the damage, the issue of collusion."
Mr Finucane said he did not know if the timing of yesterday's hearing -- coming the same week as new political negotiations -- was a coincidence, but he urged all the parties, nationalist and unionist, to raise the need for a public inquiry with Prime Minister Tony Blair.
"I am just glad it (the Barrett case) is over, because it removes the last major obstacle to the establishment of a public inquiry," he said.
"The government said when the Cory report was published in April that it would set out the way ahead at the conclusion of prosecution.
"This is the only prosecution there is. It is now concluded. The government therefore must set out the way ahead.
"When is the public inquiry going to start? When will its terms of reference be clarified?
"Those are the only questions left to be answered.
"I look to the British government to answer them."
Asked how he felt about Barrett's admission of guilt, Mr Finucane said: "It is important but it is not the most significant thing.
"I don't think Ken Barrett is anything like the most important player in all of this.
"He is a very long way from the top of the food chain.
"I hope that a public inquiry will establish that.
"Peter Cory said when he concluded his investigation he came across intelligence papers that were marked for the attention of Cabinet.
"There has been a suspicion for a very long time that the issue of collusion between the state and loyalist paramilitaries went all the way to the top.
"This would appear to be evidence to support that theory.
"These are matters of serious public concern - they need to be addressed in a public forum where conspiracy theories can be separated from conspiracy fact.
"The appropriate forum for that is a public inquiry."
A spokesman for Downing Street, when pressed on the issue twice, would only say: "We will have to look at the implication of this (outcome of the court case)."
Saturday-Tuesday, 11-14 September, 2004
Analysis: Don't dodge the issue of collusion
By Sinn Fein President Gerry Adams (for the Guardian)
This week the British and Irish governments and all the main parties in the north of Ireland will be in Leeds Castle in Kent. Sinn Fein will be trying to unblock the political impasse here. It will not be easy. There are major issues to be crunched: around the need for all parties to participate fully in the political institutions; policing and justice, and especially agreement by unionists on the transfer of power on policing to the executive and assembly within a specific timeframe; and the issue of armed groups and of arms, human rights, equality and sectarianism.
One of the great imponderables in all of this is the attitude of the Democratic Unionist Party. As the largest unionist party, its engagement is necessary for progress. However, this is a party whose leader has said in recent times that even if the IRA were to disappear at Leeds Castle his party will not talk to Sinn Fein until sometime next year. Moreover, its policy is the destruction of the Good Friday agreement. Hardly a stance to encourage hope in the talks ahead.
Last week Tony Blair spelt out his goals for the talks. But in doing so he placed responsibility for progress on the republicans and unionists. It is true that republicans and unionists have much to do. And Sinn Fein, for our part, wants a comprehensive, holistic agreement which brings closure to all the outstanding issues. We don't want a two-stage or intermediary deal or one that falls apart a few months later - we want a deal which brings an end to the cyclical crises which have bedevilled this process since the Good Friday agreement was reached in April 1998.
But Mr Blair cannot divorce his government from its responsibility for creating the years of political instability, nor from its crucial role in creating the political conditions in which an agreement can be reached in Kent. Matters such as policing, demilitarisation, human rights and equality and much more are not the property or responsibility of unionists or republicans. They are the exclusive remit of the British government and they are issues around which this government has made repeated promises which it has then failed to deliver on.
One of the issues which has been on the agenda of all our discussions with Mr Blair since first we met in 1997 is the issue of collusion. That is the administrative practice by which British government agencies recruited, trained, supplied information to, protected and armed unionist death squads to kill opponents and civilians. Successive British governments have gone to extraordinary lengths to cover up the involvement of their military, intelligence and police agencies in the murder of citizens. The most famous of these cases is that of human rights lawyer Pat Finucane.
Since Pat's killing in February 1989 his family has campaigned for an independent, international judicial inquiry. The British government has resisted this. In July 2001 Downing Street and the Irish government asked a retired Canadian judge Peter Cory to decide whether public inquiries were justified in a number of cases, including Pat Finucane's. Mr Blair committed to act on whatever Cory recommended. Judge Cory recommended a public inquiry, but the British government said it could not proceed, citing the trial of Ken Barrett, who yesterday pleaded guilty to Pat's murder. There is now no reason to further delay a public inquiry.
There is a remarkable reluctance for the British government to get at the truth of these matters. Why is this? Having spoken to Tony Blair and his colleagues on this issue many times I know they are very conscious of the fact that Pat Finucane's killing is only the tip of the iceberg.
The use by British forces of "friendly forces" to kill the enemy or "terrorise the terrorists" has its roots in modern times in Kenya, Aden, Cyprus and in almost 50 counter- insurgency wars fought by British governments in the 1950s and 60s. Many of those involved in Ireland are still in the British system. They still run agents here. Others are probably now in Iraq.
Collusion and, specifically, the killing of Pat Finucane are serious matters which the British government cannot continue dodging, especially in the context of acts of completion as defined by Mr Blair for these negotiations.
Leeds Castle will see a serious effort being made by Sinn Fein to end the crisis in the peace process. But the British government and the DUP must play their full part, too. Our efforts have not been made easier by the discovery last week that the home of a member of my staff had been bugged. Not a good signal to send to republicans on the eve of crucial talks. I have raised this with Mr. Blair but that's for another day. It would be much better 15 years after Pat Finucane's murder if Mr Blair established a fully independent international judicial inquiry as requested by the Finucane family.
Guardian Unlimited Copyright © Guardian Newspapers Limited 2004
Press release from the Finucane family
By Pat Finucane Centre
The guilty plea and sentencing of Ken Barrett has never been our main concern. We have continually asked for the truth.
Barrett's plea of guilty means that much of that truth remains hidden.
The Stevens investigation, no matter how thorough, and any prosecutions arising out of it, including that of Barrett, will never come close to establishing the truth.
We can only get the truth if we are involved in the process.
The truth can only be established when we have the entitlement to question the relevant witnesses and scrutinise the relevant documentation.
We have had no input into Barrett's prosecution and trial. We have seen none of the evidence nor would we ever have had the opportunity to challenge that evidence even if the trial had proceeded.
Prosecutions are controlled by the Director of Public Prosecutions and we are entirely excluded from that process. The Government, of course, is fully aware of this, which is why it is continuing with prosecutions and trials against our wishes.
It is outrageous that the Government is continuing its pretence that our concerns and that of the public can be satisfied by prosecutions and trials.
The Government has run out of excuses for delaying the establishment of a public inquiry into Pat's murder.
It is now time for the Government to comply with its promise at Weston Park and its personal commitment to Judge Cory and indeed its international obligations.
Our campaign to seek the truth will continue and we will not be discouraged or disheartened by a callous government continuing its own campaign of delay, cover-up and spin.
UK: Public inquiry must be held into Finucane killing
Amnesty International Press Release
Joint Statement from Amnesty International, British Irish Rights Watch, the Committee on the Administration of Justice and Human Rights First
Four leading human rights organizations, who sent observers this week to the trial of Kenneth Barrett, today called urgently on the UK government to immediately implement Judge Peter Cory's recommendation for a public inquiry into the 1989 murder of Belfast lawyer Patrick Finucane.
The conviction and sentencing today of Kenneth Barrett, a former loyalist paramilitary, for the murder of Patrick Finucane has removed any purported justification on the part of the authorities to further delay a public inquiry.
"Our observers of the trial this week were able to confirm that Kenneth Barrett's guilty plea led to no significant information being made public during the court case; criminal proceedings have clearly been insufficient in getting at the full truth of the Finucane case," a spokesman for the four organizations said.
There must be no further delay in immediately proceeding to hold a public inquiry into the allegations of state collusion into, and subsequent cover-up of, Patrick Finucane's killing.
The four organizations who sent observers further noted Judge Cory's finding that: "[t]his may be one of the rare situations where a public inquiry will be of greater benefit to a community than prosecutions."
"Successive governments have aided and abetted the cover-up in this most sinister of murders, which involved collusion by several agents and agencies of the state, including the police and the army. The time has come to submit the murder of Patrick Finucane to the independent scrutiny it demands. There is no longer any excuse for prevarication, and we expect the Prime Minister to announce a public inquiry immediately," a spokesman for the four organizations said.
In the past, the Special Representative of the UN Secretary-General on human rights defenders and the UN Special Rapporteur on the independence of judges, as well as international and local human rights organizations, including the International Federation of Human Rights, Human Rights Watch and the Pat Finucane Centre have called on UK government to proceed to an inquiry without delay.
The inquiry should focus on collusion by state agents with loyalist paramilitaries in Patrick Finucane's killing, on reports that his death was the result of state policy, and on allegations that different government authorities played a part in the subsequent cover-up of collusion in his killing.
Background Patrick Finucane, an outspoken human rights lawyer, was shot 14 times in his home in Belfast, Northern Ireland in 1989 by loyalist paramilitaries. His was just one among a number of killings alleged to have been carried out with the collusion of UK security forces.
In the aftermath of Patrick Finucane's killing, substantial and credible allegations of state collusion began to emerge almost immediately. Since
then, prima facie evidence of criminal conduct by police and military intelligence agents acting in collusion with loyalist paramilitaries in the killing has emerged. In addition, allegations of a subsequent cover-up have pointed to different government agencies and government authorities, including the police, the British Army, MI5 (the UK Security Service, officially "responsible for protecting the UK against threats to national security") and the office of the Director of Public Prosecution in Northern Ireland.
In May 2002, the UK and Irish governments appointed Justice Peter Cory - a former Canadian Supreme Court Judge - to investigate a number of killings in which government security forces were reported to be involved, including the killing of Patrick Finucane.
Justice Cory submitted his reports in October 2003, but it was not until six months later that the UK authorities finally published them, simultaneously announcing the creation of public inquiries into three cases. However, they refused to announce a public inquiry into Patrick Fincuane's case despite Justice Cory's unequivocal conclusion that in his case "only a public inquiry will suffice". Instead, the authorities have referred to "set[ting] out the way ahead at the conclusion of prosecutions".
For further information contact:
Amnesty International (James Dyson, General Press Officer, 44 20 7 413 5831) British Irish Rights Watch (Jane Winter, Director 44 208 7729161) Committee on the Administration of Justice (Maggie Beirne, Director 44 7703 3486 949 or Maggs O'Conor, Legal Adviser 44 28 90961122) Human Rights First (Fiona Doherty, Senior Associate 001-212-845-5260)
Saturday-Tuesday, 18-21 September, 2004
Fears that Finucane inquiry will be fudged again
By Irish Republican News
The British government has been warned against any attempt to water down an inquiry into the murder of Pat Finucane.
The inquiry could expose the truth of Britain's 'Dirty War', in which it acted in collusion with unionist death squads to target and murder Irish nationalists.
British Direct Ruler Paul Murphy is expected to confirm in the coming days that a public inquiry into Mr Finucane's murder can go ahead. A written commitment is now said to exist following the conviction of unionist paramilitary and police agent Ken Barrett for his role in the murder.
However, nationalists and a leading human rights group have expressed concerns that the British government will use new legislation to attempt to hold back vital evidence on grounds of national security.
Jane Winter of human rights group British/Irish Rights Watch warned against any attempt to dilute a public inquiry into the 1989 murder of the Belfast defence lawyer.
"It appears the government is determined to withhold the powers of discovery that a public inquiry is traditionally entitled to," she said.
"There is also speculation that the government would appoint a judge from its own judiciary and not an international judge as is expected.
"There are concerns this legislation will mean that the Secretary of State will have the power to order sections of the inquiry be held in private.
"These issues raise the question of the whole independence of an inquiry."
Ms Winter pointed to the British government's efforts to block the inquiry over the past 15 years through court cases and other investigations.
"Now when these blocks have been removed it appears the government wants to move the goalposts again," she claimed.
"If that happens there is a serious question as to whether the Finucane family or anyone else could take part in any such inquiry."
Sinn Fein assembly member for North Belfast Gerry Kelly also expressed concern that the British government would attempt to withhold information.
"Our position is that we support the Finucane family in their call for a full, international, independent, public inquiry," he said.
"Obviously that inquiry should have access to all relevant information relating to Pat Finucane's murder.
"The whole reason for a public inquiry is to get to the truth of what happened."
British Government Statement
By Secretary of State Paul Murphy MP on the establishment of an Inquiry into the murder of Pat Finucane
As I said when publishing Justice Cory’s reports, the Government is determined that where there are allegations of collusion the truth should emerge. The Government has consistently made clear that in the case of the murder of Patrick Finucane, as well as in the other cases investigated by Justice Cory, it stands by the commitment made at Weston Park.
However, in the Finucane case, an individual was being prosecuted for the murder. The police investigation by Sir John Stevens and his team continued; and it was not possible to say whether further prosecutions might follow. For that reason, the Government committed to set out the way ahead at the conclusion of prosecutions.
The prosecution of Ken Barrett has now been completed, with Barrett sentenced to life imprisonment for the murder of Patrick Finucane. It is still possible that further prosecutions might result from the Stevens investigation into the murder of Patrick Finucane. Nevertheless, with the Barrett trial now concluded, and following consultation with the Attorney General, who is responsible for the prosecutorial process, the Government has considered carefully the case for proceeding to an inquiry. In doing so, the Government has taken into account the exceptional concern about this case. Against that background, the Government has concluded that steps should now be taken to enable the establishment of an inquiry into the death of Patrick Finucane.
As in any inquiry, the tribunal will be tasked with uncovering the full facts of what happened, and will be given all the powers and resources necessary to fulfil that task. In order that the inquiry can take place speedily and effectively and in a way that takes into account the public interest, including the requirements of national security, it will be necessary to hold the inquiry on the basis of new legislation which will be introduced shortly.
Statement from the Finucane family in response to today's statement by Paul Murphy
By Pat Finucane Centre
At last the Government have conceded that the truth should emerge about the circumstances surrounding Pat's murder. The fact that Paul Murphy has announced the establishment of an enquiry is not the end of the matter.
The fact that he has not announced a "public" enquiry means that the Government probably does not intend to have a proper inquiry.
We have been asking for the truth to emerge for the last 15 years.
There is no need for new legislation to protect the public interest or national security because the current law caters for this. Special legislation when it isn't needed can only mean that rather than the truth emerging what will emerge is cover up and lies.
Private Inquiry announced into Finucane killing
By Irish Republican News
The British government has announced a largely private inquiry into the murder of Pat Finucane, a case at the centre of collusion between British forces and unionist paramilitary death squads.
British Direct Ruler Paul Murphy claimed the inquiry would be independent, but that issues of a "sensitive" nature would be dealth with behind closed doors.
The decision to hold most of the tribunal in private was criticised tonight by the Belfast defence lawyer's family.
Mr Finucane's son said that the inquiry would be government-controlled and feared a continuation of a cover-up over authorised British state killings.
"Effectively what we are looking at is an inquiry which is going to be established by government, accountable to government but probably controlled and restricted by government," he said.
"Until we get to ask the Prime Minister some questions about what exactly his Government proposes to do, we can`t endorse or agree to co-operate with any form of inquiry.
"We simply do not know what form of inquiry this is."
New legislation is to be brought in to enable the tribunal to consider classified security issues, and the details of that legislation are still unknown.
Few details have emerged, although Mr Murphy expected a British High Court judge would be appointed to chair the inquiry.
"Because this case deals with issues of national security, much of the proceedings will have to take place in private," he said.
"Details will be made clear when the legislation emerges but I would suspect much of it will be in private but some may also be in public, to the extent that it can be held in public.
"Obviously that depends on the legislation and on the tribunal itself."
Sinn Fein's Mitchel McLaughlin said "full disclosure by the British government, its departments and agencies" was essential.
"The track record of successive British governments in dealing with the issue of collusion, and specifically the killing of Pat Finucane has been one of denial, concealment and cover up.
"Any inquiry and the legislation it will be based on will be judged against its ability to uncover the full truth about collusion and the killing of Pat Finucane. Public interest demands full disclosure."
Wednesday-Friday, 22-24 September, 2004
Finucanes threatens inquiry boycott
By Irish Republican News
An announcement by the British government of a secretive inquiry into the murder of Belfast defence lawyer Pat Finucane has fuelled fears that a long-standing cover-up is set to continue.
An inquiry into the 1989 murder and issues of collusion between the RUC, British army and unionist paramilitary death squads is to be held behind closed doors when dealing with issues of British "national security".
Michael Finucane, son of the murdered solicitor, said the plan sounded to him "more like a government investigation" than an independent, international judicial inquiry his family has sought for the past 15 years.
Mr Finucane's widow, Geraldine, said she would not participate in any inquiry which fell short of this, as it would be a "fiasco and a circus". She insisted there was no need for new law when legislation already catered for national security interests.
"The fact that he [Paul Murphy] has not announced a 'public' inquiry means the government probably does not intend to have a proper inquiry. We have been asking for the truth to emerge for the last 15 years. Special legislation when it isn't needed can only mean what will emerge is cover-up and lies.
"We will go and see Tony Blair and make it clear that if he presents us with an inquiry that is not public, not judicial and not independent, which is a government investigation, we will not take part."
Mr Finucane, 39, was shot dead in front of his wife and their three children as they ate dinner at their north Belfast home in February 1989. The paramilitary UDA claimed it killed Mr Finucane but suggestions of collusion surfaced almost immediately.
It slowly emerged that RUC police detectives urged loyalists to target Mr Finucane and that roadblocks near his home were lifted to allow his killers to escape.
In 1992, a British Army/UDA double agent Brian Nelson told the BBC's Panorama that he scouted Mr Finucane's home and gave details to the killers.
Pat Rabbitte, leader of the Irish Labour Party, said the hostile reaction to the announcement from nationalists, human rights bodies and the Finucane family was "understandable and entirely legitimate".
In a statement issued today, Mr Rabbitte said: "I regret yesterday's announcement by the British government that its long-delayed inquiry into the murder of Pat Finucane and related issues of collusion between the RUC, British army and loyalist paramilitaries may be neither judicial nor public."
British Direct Ruler insisted his government was acting in a sincere fashion. "The purpose of this inquiry is to establish the facts. We don't want any more delay." But he admitted that "a good bit" of the inquiry would be conducted in private to protect British interests.
Other questions have arisen over the operation of the inquiry, in particular over the failure to give it judicial or international status.
In an attempt to ease Irish concerns, Murphy added: "Just because it doesn't say 'judicial' doesn't mean it won't be.
"The chances are it will be [chaired by] a High Court judge and as similar as possible to the composition of the three inquiries already announced."
On foot of recommendations by the retired Canadian Supreme Court judge, Justice Peter Cory, the British government ordered inquiries into three other controversial murders in which collusion is alleged. However, an announcement on the Finucane inquiry was delayed, ostensibly to allow the conclusion of the prosecution of unionist paramilitaty Ken Barrett.
A further delay is now likely as the British government is drafting special new legislation. Mr Murphy claimed the legislation was needed because applications for Public Interest Immunity certificates [gagging orders] would cause unacceptable delays, and new legislation would streamline such a process.
Mr Murphy could not say when the new legislation would be enacted, but it is thought unlikely to appear until next year at the earliest.
The Irish Prime Minister last night referred to the 2001 Weston Park agreement which included a vow from the British government to abide by Mr Justice Cory's recommendations. "The inquiry announced today requires the introduction of new British legislation. It is obviously important that this legislation fulfils the Weston Park commitment of Judge Cory," Bertie Ahern said.
Sinn Fein's Martin McGuinness said the British government had "implicitly accepted that a public inquiry into Pat Finucane's killing is a threat to national security and that the issue of collusion goes to the heart of the British governments policy in Ireland."
He said his party would continue to be guided by the views of the Finucane family.
Wednesday-Friday, 22-24 September, 2004
Statement from the Law Society of England and Wales
The Law Society is pleased that the British Government has finally agreed to set-up an independent inquiry into the death of solicitor Patrick Finucane.
However, the Society is gravely concerned that the inquiry will be held under proposed legislation which may prevent the full disclosure of findings. In addition, the inquiry is being delayed yet again while this new legislation is introduced.
For the past nine years the Law Society of England and Wales has campaigned for a public inquiry into allegations of state collusion in the murder of the Belfast solicitor in 1989.
On 20 September, Edward Nally, President of the Law Society of England and Wales, wrote to the Prime Minister urging him to order a public inquiry.
Mr Nally believes the case deserves special treatment because of its impact on the administration of justice; "The Law Society has long-campaigned for an independent inquiry into the death of Mr Finucance. There has been a plethora of investigations and reports into the murder that have produced a growing body of evidence of official collusion. It is a fundamental principle that solicitors must be able to advise their clients without fear or interference.
This inquiry should be held straight away under existing legislation. We are tired of successive governments' refusal to allow the truth about Patrick Finucane's murder to be known.
Finucane family attack secretive murder inquiry as fiasco and circus
By Rosie Cowan, The Guardian
The government will hold a judicial inquiry into one of the most controversial murders of the Northern Irish troubles - that of Belfast solicitor Pat Finucane, in 1989. But the Finucane family are angry as it appears much of the evidence will be heard in private, due to the sensitivities surrounding allegations of security force collusion with his loyalist terrorist killers.
Paul Murphy, the Northern Ireland secretary, said yesterday that the inquiry would be given all the powers and resources it needed. However, he added: "Because this case deals with issues of national security, much of the proceedings will have to take place in private."
Some of the inquiry might be held in public, but that would depend on legislation to be introduced soon.
The family has campaigned for a public, independent tri bunal which they believe is the only forum which can expose the full story.
Mr Finucane's widow, Geraldine, said last night that she would not participate in any inquiry which fell short of this, as it would be a "fiasco and a circus". She insisted there was no need for new law when legislation already catered for national security interests.
"The fact that he [Paul Murphy] has not announced a 'public' inquiry means the government probably does not intend to have a proper inquiry. We have been asking for the truth to emerge for the last 15 years. Special legislation when it isn't needed can only mean what will emerge is cover-up and lies.
"We will go and see Tony Blair and make it clear that if he presents us with an inquiry that is not public, not judicial and not independent, which is a government investigation, we will not take part."
Sinn Fein and the SDLP, which said they pressed the prime minister for a full public inquiry at last week's peace talks at Leeds Castle, also criticised the announcement.
Mr Finucane, 39, was shot dead in front of his wife and their three children as they ate dinner at their north Belfast home in February 1989. The loyalist Ulster Defence Association, said it killed the solicitor, who represented many high profile republican clients, because he was a top IRA man, a claim denied by his relatives.
Suggestions of collusion surfaced almost immediately. It was claimed Royal Ulster Constabulary detectives urged loyalists to target Mr Finucane and that roadblocks near his home were lifted to allow his killers to escape.
In 1992, an army/UDA double agent Brian Nelson told the BBC's Panorama that he scouted Mr Finucane's home and gave details to the killers.
Sir John Stevens, the Metropolitan police commissioner, said last year that cooperation between rogue police and army officers and loyalist paramilitaries in the late 1980s and early 1990s led to at least 20 murders, including that of Mr Finucane. Sir John has forwarded more than 20 files on former and serving police and soldiers to the director of public prosecutions.
Earlier this year, retired Canadian judge Peter Cory recommended a public inquiry, but the government said it could not go ahead because legal proceedings were active.
However, last week, loyalist Ken Barrett, 41, admitted the murder and was sentenced to life. He is the only person convicted over the killing, but will be freed early under the Good Friday agreement, possibly in a few months.
The Finucane family said they were never particularly interested in the gunmen whom they saw as pawns in larger game.
Guardian Unlimited Copyright © Guardian Newspapers Limited 2004
The British Government shouldn't put Pat's family through this torture....
I fear the probe will be a sham – Says former spy Martin Ingram
By Maurice Fitzmaurice, Daily Mirror
A government probe into the murder of Pat Finucane will never reveal the truth, an army agent who lifted the lid on the brutal killing said last night (Thursday). Martin Ingram told the Mirror the inquiry announced yesterday will be a waste of time.
The former spy said: "I feel sorry for the Finucane family because after listening to what Paul Murphy said today I fear this whole thing is going to be a sham.
"Judge Cory looked into these killings more than anyone and he never made any recommendations about new legislation being needed for an inquiry.
"So why does the Government feel that it is needed?
"It just sounds like a stalling tactic to me. It's like setting a time for a football match and telling everyone the rules 10 minutes before kick-off.
"Michael Finucane is right to sound sceptical and point out that there are mechanisms already in place to deal with matters of national security during inquiries, so what is this new legislation going to do?
"The devil will be in the detail in this inquiry. What is going to happen if Ken Barrett is called? Will he have to attend, will he be subpoenaed?
"There are RUC men, Army handlers who were involved in this. Are they to be called as witnesses as well?
"In Paul Murphy's statement there is no mention of whether this inquiry will be public. As far as I can see little, if any of it, will be public and the
Finucanes or the public will not get the answers they are looking for.
"I believe the Government would be more honest to just say to the Finucanes, 'Sorry you're not getting your inquiry and that's the end of it,' rather than putting them through this torture which isn't going to give them any satisfaction."
In a statement to the Mirror last night the Finucane family said there was no need for new laws to make a probe work.
It added: "Special legislation when it isn't needed can only mean that rather than the truth emerging what will emerge is cover-up and lies." Secretary of State Paul Murphy said the probe would be independent but, because of national security, much of it would be behind closed doors. He added: "Legislation is needed, however, to provide the tribunal with the powers of the four other inquiries in Northern Ireland - Bloody Sunday, Rosemary Nelson, Robert Hamill and Billy Wright."
Mr Finucane's son Michael criticised the probe after it emerged it would mostly be held in private. He said: "What we are looking at is an inquiry which is going to be established by Government, accountable to Government, but probably controlled and restricted by Government.
"Until we get to ask the prime minister some questions about what exactly his Government proposes to do, we can't endorse or agree to co-operate with any form of inquiry."
Last week, Ken Barrett, 41, received a life sentence at Belfast Crown Court after admitting his role in the killing. He was jailed for 22 years but is expected to be freed early under the terms of the Good Friday Agreement.
The probe will cover claims that Special Branch officers and Army intelligence agents were in league with a loyalist death squad, who killed the Catholic solicitor outside his North Belfast home in February 1989 because he defended IRA men. It will set out to discover if security forces covered the tracks of the UDA killers to protect an informer in their ranks. A report by Metropolitan Police chief Sir John Stevens into breaches of rules by intelligence units last year found evidence in the cases of Mr Finucane and student Adam Lambert.
Earlier this year, a report by retired Canadian judge Peter Cory recommended an inquiry. Twelve years ago, UDA intelligence officer and former soldier Brian Nelson was revealed as a double agent - who tipped off his handlers about a plan to kill Mr Finucane - during his trial on five counts of conspiracy to murder. He was sentenced to 10 years in prison and died of lung cancer in a secret hideout in Wales last year.
In June 1999, former UDA quartermaster William Stobie was charged with the murder of Mr Finucane. He admitted supplying the guns but walked free after a witness refused to give evidence. Within two months he had been assassinated by loyalist gunmen.
Sinn Féin chairman Mitchel McLaughlin criticised the Government's handling of the Finucane case. The Foyle MLA said: "An inquiry will be judged on how it gets to the truth of the murder of Pat Finucane.
"We are very sceptical, even cynical, about the British Government's ability to deal with this matter of truth and truth recovery but we will wait and see."
Copyright © 2004 Daily Mirror
Goldsmith U-turn on Finucane case Letter shows a shift over probe
By Chris Thornton, Belfast Telegraph
The announcement of an inquiry into the murder of Pat Finucane required the Attorney General to reverse his legal opinion, it emerged today.
In a private letter seen by the Belfast Telegraph, Lord Goldsmith said last year that it was his "strong view" that any inquiry into the solicitor's murder would "have to await the conclusion of the criminal process".
But yesterday - with as many as 20 members of the security forces still facing the possibility of charges - his spokeswoman dismissed the risk of aborting prosecutions as "speculative".
On May 23 last year, after Metropolitan Police Commissioner Sir John Stevens concluded that collusion had taken place in the 1989 murder of Mr Finucane, Lord Goldsmith wrote that prosecutions should take priority over an inquiry.
"The issues raised by Stevens are too serious to brush aside questions of prosecution," he wrote.
"The victims of wrongdoing deserve to see wrongdoers before the courts and, where convicted, punished."
He said the crimes of collusion exposed by Stevens were "offences of the most serious nature and which I am determined to see vigorously pursued regardless of the position or seniority of the alleged offender".
But yesterday, in announcing the inquiry, Secretary of State Paul Murphy said it is "still possible that further prosecutions" might take place. But he said he had consulted Lord Goldsmith, who is in ultimately responsible for prosecutions, and concluded that it was acceptable to proceed with an inquiry now.
Since Sir John Stevens began re-investigating the Finucane murder in 1999, there has been a serious debate about whether criminal cases should be pursued or an inquiry held into the killing. Mr Finucane's family say they prefer an inquiry.
During Stevens' five year investigation, the family have been forced to wait while two loyalists were tried for the murder.
William Stobie, the police informer who supplied the guns used in the killing, was cleared but later murdered.
Last week Ken Barrett, one of two gunmen who shot the father of three, was jailed after pleading guilty to the murder.
The 41-year-old was sentenced to life with a minimum 22-year tariff, but is expected to be freed next May under the terms of the Good Friday Agreement.
Sir John's team has also produced case files dealing with actions taken by the security forces, including the intelligence units that handled Stobie and Brian Nelson. An Army agent, Nelson supplied the UDA killers with a photograph of Finucane.
The Director of Public Prosecution has been reviewing those files with a view to bringing charges against members of the security forces, but has not made any decision public.
Last October, retired Canadian Supreme Court Justice Peter Cory recommended that the Government should hold public inquiries into the Finucane killing and three other cases.
After holding on to his reports for six months, the Government announced the terms for the other cases, but held back on committing to a Finucane inquiry until yesterday.
In correspondence that was sent to Justice Cory and others, Lord Goldsmith noted several problems with holding an inquiry ahead of a criminal trial.
He said the cross-examination that would take place in an inquiry would "would rehearse that witness" on contentious evidence.
"This preparation for cross-examination will deprive the criminal court of a witness' genuine reaction and answer when confronted," he wrote.
But Lord Goldsmith's objections had evaporated yesterday.
His spokeswoman said: "In light of the view expressed by the Attorney General that the possibility of further prosecution must be at this stage speculative as must the potential risk to any prosecution by an inquiry, the Government has determined that the public interest now weighs in favour of an inquiry."
Copyright © 2004 Belfast Telegraph
Blair 'broke Finucane pledges'
By BBC
Tony Blair has been accused by the SDLP leader of breaking pledges over the issue of alleged security force collusion with loyalist paramilitaries.
Mark Durkan said an inquiry into the 1989 murder of Belfast solicitor Pat Finucane did not fulfil promises made to his party during talks at Weston Park three years ago.
Mr Finucane, 39, was shot dead in front of his family at his north Belfast home by the loyalist Ulster Defence Association.
On Thursday, the British Government announced an inquiry into the murder and insisted it would not be a cover-up.
But Mr Durkan told the BBC's Inside Politics programme on Saturday that it did not match Judge Peter Cory's recommendation of a public inquiry, which met certain key standards.
"We got a clear commitment from Tony Blair, a clear promise and Tony Blair's in breach of that promise," Mr Durkan said.
"And that's what we keep saying to Tony Blair - there was an unambiguous, unqualified promise that he made to us at Weston Park.
"After Weston Park, he made that unambiguous commitment to the public, including to the Finucane family, and he needs to honour it."
Mr Finucane's killing was one of the most controversial of the 30 years of the Troubles in Northern Ireland, mainly because of the allegations of collusion between loyalist paramilitaries and members of the security forces. Northern Ireland Secretary Paul Murphy said the inquiry into the murder would not be a "government in-house investigation", but would be "entirely independent".
He said a tribunal would be tasked with uncovering the full facts of what happened, with all the powers and resources for that job.
However, he said because of national security requirements, new legislation would have to be introduced before the inquiry began.
'Serious concerns'
The secretary of state also said Judge Cory's report into collusion allegations had recommended the inquiry should be held in public "to the extent possible".
However, Mr Finucane's widow Geraldine said her family was not optimistic the tribunal would find out what happened nor would be carried out in the open.
Mr Finucane's son Michael said he had "serious concerns" about what the government was recommending.
Retired Canadian Judge Peter Cory was appointed by the British and Irish Governments to examine allegations of collusion surrounding the Finucane and other controversial killings.
He recommended a public inquiry into Mr Finucane's death.
Loyalist Ken Barrett, 41, was sentenced last week at Belfast Crown Court to life for Mr Finucane's murder, after admitting his part in the killing.
Story from BBC NEWS: http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/northern_ireland/3688406.stm
Published: 2004/09/25 08:34:21 GMT
Copyright © 2004 BBC
Viewpoint: Finucane - will the truth ever emerge?
Probe Plan: Government must be as open as possible in quest for facts
The long-awaited announcement that an inquiry is to be held into the murder of Belfast solicitor Pat Finucane moves the saga a step forward but by no means has it ended the controversy.
The main bone of contention now is the criteria under which the tribunal is to be held, with the Government set to initiate new legislation.
The Finucane family is holding out for a full public inquiry in which all witnesses would give evidence and be cross-examined as in open court.
But the Secretary of State, while stressing that the inquiry will be entirely independent, has underlined that much of the hearing will be held in private, on grounds that national security might otherwise be compromised.
The reality is that the Finucane inquiry will be held on the same basis as the other probes recommended by Judge Peter Cory. Significantly, the tribunal will have precisely the same powers as the Bloody Sunday inquiry.
The fear among many people, of course, is that the Finucane hearing will turn into another Bloody Sunday tribunal, an episode which is now widely recognised as having been too costly and time-consuming.
Some people may ask why such attention is being focused on the murder of Mr Finucane, given that more than 3,500 died during the Troubles. But the reason it has been singled out is the allegation of collusion by the security forces, something which was corroborated by Sir John Stevens.
The unanswered question is to what level that collusion extended. Was it a handful of rogue security operatives or was it sanctioned at the highest level of government? Not just the Finucane family but the wider public as well are entitled to know the facts.
It remains to be seen to what extent the full story will emerge from any of the Cory hearings. Time has moved on and as Bloody Sunday proved, memories fade. In the case of Mr Finucane, key witnesses such as Brian Nelson and William Stobie are now dead.
Within the constraints of national security the Government must seek to be as open as possible with all the tribunals. Otherwise the danger is that this exercise will fail to unearth the facts.
Copyright © 2004 Belfast Telegraph