Patten member defended Marines
by Ned Kelly
When Peter John Caraher made an oral submission to the public
meeting of the Patten Commission in Crossmaglen, South Armagh
last Thursday evening, it was made in good faith. Those present
were assured by Commission members Peter Smyth QC and Sir John
Smith that they would be heard with ``an open mind''.
Peter John Caraher did not know at the time that Peter Smyth QC
had led the defence of the British soldiers who shot his two
sons, killing Fergal and seriously wounding Micheál.
Peter John said, ``I can't believe the hypocrisy of the man to
come and sit on that bench after he defended those who shot my
son dead and got them off. The audacity to sit there and tell me
he was there with `an open mind'''
British Royal Marine Commandos had opened fired in broad daylight
and in front of numerous witnesses on 20-year-old Fergal and
23-year-old Micheál Caraher as they drove from the Lite & Easy
Bar carpark in Cullyhanna at the end of December 1990.
The shooting of the brothers was followed by a high profile
International inquiry organised by Cullyhanna residents. Michael
Mansfield QC, who led the Cullyhanna inquiry, said after its
completion that the shooting incident was not unique but that he
believed the people in South Armagh were subject to the ``daily
grind'' of crown force oppression and that the killing of Fergal
Carragher or another Nationalist was a matter of time.
Two British soldiers were later prosecuted and Peter Smyth led
their defence during the three week trial. Chief Justice Hutton
gave his judgement on the day before Christmas. The family sat
surrounded by British soldiers and RUC men who cheered as Hutton
announced that despite not believing the accused Marines'
evidence he had ``no option'' but to acquit the two.
Peter John Carahar said he was ``shocked'' and ``like the trial this
Commission is going to be a farce. It's like throwing chaff
against the wind, you know what road he [Smyth] is going down.''
Legal sources confirmed that Smyth has also been involved in at
least one other high profile defence case for the British
Ministry of Defence.
One member of the legal profession said, ``Peter Smyth is a known
Unionist but he's not the worst. He is very practical and
influential behind the scenes in the Ulster Unionist Party.''
A Patten Commission press spokesperson told An Phoblacht that
Peter Smyth would not comment on the issue and felt it did not
affect his professional impartiality.
Chris Patten, Maurice Hayes, Lucy Woods and Gerry Lynch from the
Patten Commission are due back in Crossmaglen Community Centre at
1 pm on 3 December.
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