Geist
01-22-2007, 02:14 PM
No police officers are to be charged in connection with their involvement in a collusion scandal in which loyalist paramilitary informers were allowed to commit up to 15 murders in the North, it was confirmed today.
Police Ombudsman Nuala O'Loan's investigators revealed that three retired assistant chief constables, seven detective chief superintendents and two detective superintendents were among those who did not cooperate with their inquiry into how an Ulster Volunteer Force (UVF) unit based in north Belfast was protected by its Special Branch handlers, but the destruction of files has thwarted attempts to bring anyone to account.
Her damning report also disclosed that the key informant, known to be former terror chief Mark Haddock, was paid at least £80,000 (€122,143) during more than a decade of brutal paramilitary killings.
Mrs O'Loan's senior director of investigations, Justin Felice, said the key agent was a well-known criminal and terrorist viewed by police as a protected species.
Payments were also made to other UVF informants associated with Haddock, the inquiry established.
But even though files were sent to the Director of Public Prosecutions in the North, Mr Felice confirmed: "He has now directed, because of the insufficiencies of evidence, there will be no prosecution of any serving or retired police officers."
Mrs O'Loan said the devastating findings showed that the officers working with paramilitary informers could not have operated without the knowledge and support at the highest levels of the Royal Ulster Constabulary and its successor, the Police Service of Northern Ireland (PSNI).
Although she stressed her investigation did not show that RUC officers deliberately set out to conspire with the UVF gang in its murder campaign, she added: "It has shown that Special Branch dominated the RUC, which resulted in a culture of subservience to Special Branch and organisational dysfunction."
Mrs O'Loan revealed that 40 officers in total did not cooperate with her inquiry, some of whom were approached as witnesses and not suspects.
She said: "It is not a question of my frustration (over this).
"How do the victims feel when they hear this?
"These are people who held very senior positions in the organisation."
She added: "I think they should ethically or morally have cooperated."
Mrs O'Loan said she could understand that the Special Branch officers who were handling the agents had to work in a different context to other parts of the UK.
However, she said they should have applied national guidelines on the handling of informers which were not enforced.
"They have told me that they were fighting a war against terrorists," she said.
"In order to do this they needed the flexibility.
"I can understand how difficult it was. What I cannot understand now, given the level of knowledge and the intelligence that was building in the system, is that they just continued to employ these informants."
The Police Ombudsman said she was not sure if a public inquiry into the affair would have unearthed any more than what her own investigative team had discovered.
She confirmed that she had told Chief Constable Hugh Orde that investigations should be reopened into the murders the informant was suspected of and other crimes.
Mr Orde, who had accepted all 20 of her recommendations, had also been asked to look into the serious crimes carried out by the 12% of informers dropped by the police in 2003 because of their involvement in illegal activity.
With the Government planning new arrangements on national security which will see MI5 take over the lead responsibility, the Ombudsman insisted that it was essential there were strong accountability arrangements.
"The situation today is completely different from the system beforehand," she said.
"There is accountability. The difference between us and the Stevens, Stalker (investigations into collusion) is I have a statutory right to information.
"People must have confidence. We need policing. We need the rule of law."
She added: "The future arrangements for accountability over intelligence gathering in Northern Ireland are not concluded yet.
"The arrangements that currently exist have been demonstrated to be effective.
"What I have said is the future arrangements must remain as strong."
Taoiseach Bertie Ahern said the findings demanded swift action from the authorities.
"While much has changed for the better in recent years, today's Ombudsman's report is deeply disturbing," he said. "Its findings are of the utmost gravity. It paints a picture of despicable past behaviour.
"It is essential that justice be done, and be seen to be done, in these cases. In the face of such a damning report follow-up action and reassurance is essential.
Today's report shows why police reform was so essential in Northern Ireland."
The former senior police officers criticised by Mrs O'Loan vigorously denied her allegations as unfounded and incapable of substantiation.
In a statement issued through their solicitors, the Northern Ireland Retired Police Officers Association said: "It has come as no surprise that there will be no prosecutions although they (the officers) deeply regret the damage she has caused to the reputation of many fine officers who were doing their duty on behalf of the community at great personal risk."
They claimed that from the beginning of the investigation the Ombudsman had tried to coerce officers into a state of compliance by making it clear that she believed senior officers had protected killers from criminal prosecution.
The statement added: "Confidence in the office of Police Ombudsman was at a low ebb at the start of the investigation and it fell rapidly as officers were required to attend for interview accused of misfeance in public office, an offence imported from England almost unknown in this jurisdiction.
"When they offered to attend as witnesses to give their account of events they were met by a relentless barrage of leaks to the media convicting them before they were interviewed.
"Other officers who did give interviews were subsequently able to read their disclosures in the media.
"It remains a matter of deep sadness to all the ex-officers concerned with this investigation that the high standing and professional respect due to the office of the Police Ombudsman has been squandered by the absence of professional integrity and the observance of the required standards of investigative procedure and associated legal protocols.
"In essence it has removed any vestige of confidence that remained amongst this body of ex-senior officers in the office of Police Ombudsman for Northern Ireland."
Sinn Féin leader Gerry Adams had said the report had highlighted collusion, which had claimed the lives of hundreds more people than in this specific investigation.
"I think it confirms what families have been saying for a very long time - those families bereaved by collusion and state terrorism," the West Belfast MP said.
"This only deals with the issue of collusion within a tight timeframe and region but collusion goes back to the 1970s."
Mr Adams said the report raised uncomfortable questions for the unionist community who needed to ask themselves, if this was done in their name.
However, he denied that it made Sinn Féin's move to get involved in policing structures in Northern Ireland any more difficult.
"It is immaterial if it makes our job easier or harder," he said.
"The main imperative is we have to get to the bottom of this and how do we do that?
"We do that not just by being a part of accountable mechanisms."
http://www.breakingnews.ie/ireland/?jp=CWSNEYOJKFEY
Police Ombudsman Nuala O'Loan's investigators revealed that three retired assistant chief constables, seven detective chief superintendents and two detective superintendents were among those who did not cooperate with their inquiry into how an Ulster Volunteer Force (UVF) unit based in north Belfast was protected by its Special Branch handlers, but the destruction of files has thwarted attempts to bring anyone to account.
Her damning report also disclosed that the key informant, known to be former terror chief Mark Haddock, was paid at least £80,000 (€122,143) during more than a decade of brutal paramilitary killings.
Mrs O'Loan's senior director of investigations, Justin Felice, said the key agent was a well-known criminal and terrorist viewed by police as a protected species.
Payments were also made to other UVF informants associated with Haddock, the inquiry established.
But even though files were sent to the Director of Public Prosecutions in the North, Mr Felice confirmed: "He has now directed, because of the insufficiencies of evidence, there will be no prosecution of any serving or retired police officers."
Mrs O'Loan said the devastating findings showed that the officers working with paramilitary informers could not have operated without the knowledge and support at the highest levels of the Royal Ulster Constabulary and its successor, the Police Service of Northern Ireland (PSNI).
Although she stressed her investigation did not show that RUC officers deliberately set out to conspire with the UVF gang in its murder campaign, she added: "It has shown that Special Branch dominated the RUC, which resulted in a culture of subservience to Special Branch and organisational dysfunction."
Mrs O'Loan revealed that 40 officers in total did not cooperate with her inquiry, some of whom were approached as witnesses and not suspects.
She said: "It is not a question of my frustration (over this).
"How do the victims feel when they hear this?
"These are people who held very senior positions in the organisation."
She added: "I think they should ethically or morally have cooperated."
Mrs O'Loan said she could understand that the Special Branch officers who were handling the agents had to work in a different context to other parts of the UK.
However, she said they should have applied national guidelines on the handling of informers which were not enforced.
"They have told me that they were fighting a war against terrorists," she said.
"In order to do this they needed the flexibility.
"I can understand how difficult it was. What I cannot understand now, given the level of knowledge and the intelligence that was building in the system, is that they just continued to employ these informants."
The Police Ombudsman said she was not sure if a public inquiry into the affair would have unearthed any more than what her own investigative team had discovered.
She confirmed that she had told Chief Constable Hugh Orde that investigations should be reopened into the murders the informant was suspected of and other crimes.
Mr Orde, who had accepted all 20 of her recommendations, had also been asked to look into the serious crimes carried out by the 12% of informers dropped by the police in 2003 because of their involvement in illegal activity.
With the Government planning new arrangements on national security which will see MI5 take over the lead responsibility, the Ombudsman insisted that it was essential there were strong accountability arrangements.
"The situation today is completely different from the system beforehand," she said.
"There is accountability. The difference between us and the Stevens, Stalker (investigations into collusion) is I have a statutory right to information.
"People must have confidence. We need policing. We need the rule of law."
She added: "The future arrangements for accountability over intelligence gathering in Northern Ireland are not concluded yet.
"The arrangements that currently exist have been demonstrated to be effective.
"What I have said is the future arrangements must remain as strong."
Taoiseach Bertie Ahern said the findings demanded swift action from the authorities.
"While much has changed for the better in recent years, today's Ombudsman's report is deeply disturbing," he said. "Its findings are of the utmost gravity. It paints a picture of despicable past behaviour.
"It is essential that justice be done, and be seen to be done, in these cases. In the face of such a damning report follow-up action and reassurance is essential.
Today's report shows why police reform was so essential in Northern Ireland."
The former senior police officers criticised by Mrs O'Loan vigorously denied her allegations as unfounded and incapable of substantiation.
In a statement issued through their solicitors, the Northern Ireland Retired Police Officers Association said: "It has come as no surprise that there will be no prosecutions although they (the officers) deeply regret the damage she has caused to the reputation of many fine officers who were doing their duty on behalf of the community at great personal risk."
They claimed that from the beginning of the investigation the Ombudsman had tried to coerce officers into a state of compliance by making it clear that she believed senior officers had protected killers from criminal prosecution.
The statement added: "Confidence in the office of Police Ombudsman was at a low ebb at the start of the investigation and it fell rapidly as officers were required to attend for interview accused of misfeance in public office, an offence imported from England almost unknown in this jurisdiction.
"When they offered to attend as witnesses to give their account of events they were met by a relentless barrage of leaks to the media convicting them before they were interviewed.
"Other officers who did give interviews were subsequently able to read their disclosures in the media.
"It remains a matter of deep sadness to all the ex-officers concerned with this investigation that the high standing and professional respect due to the office of the Police Ombudsman has been squandered by the absence of professional integrity and the observance of the required standards of investigative procedure and associated legal protocols.
"In essence it has removed any vestige of confidence that remained amongst this body of ex-senior officers in the office of Police Ombudsman for Northern Ireland."
Sinn Féin leader Gerry Adams had said the report had highlighted collusion, which had claimed the lives of hundreds more people than in this specific investigation.
"I think it confirms what families have been saying for a very long time - those families bereaved by collusion and state terrorism," the West Belfast MP said.
"This only deals with the issue of collusion within a tight timeframe and region but collusion goes back to the 1970s."
Mr Adams said the report raised uncomfortable questions for the unionist community who needed to ask themselves, if this was done in their name.
However, he denied that it made Sinn Féin's move to get involved in policing structures in Northern Ireland any more difficult.
"It is immaterial if it makes our job easier or harder," he said.
"The main imperative is we have to get to the bottom of this and how do we do that?
"We do that not just by being a part of accountable mechanisms."
http://www.breakingnews.ie/ireland/?jp=CWSNEYOJKFEY