Rosemary Nelson investigation scrutinised
BY LAURA FRIEL
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The death of Rosemary Nelson further undermined the rule of law and
underlined the government's failure to meet its obligation, under
international standards, to ensure that lawyers could do their jobs
without fear for their personal safety
|
International human rights groups have come together to urge the
British government to establish a fully independent and impartial
inquiry into the killing of Lurgan defence lawyer Rosemary Nelson.
The call came as a detailed critique of the role of the RUC and the
investigation currently being carried out by British police chief
Colin Port was published by watchdog British Irish Rights Watch.
earlier investigation into the murder of Belfast defence lawyer Pat
Finucane carried out by the London-based BIRW uncovered crucial
evidence and provided the impetus for the British government's
decision to constitute the current Stevens' investigation.
Launching the report, Jane Winters of BIRW described Rosemary Nelson
as ``in many ways a very ordinary lawyer with a few high profile cases
which brought her into the public eye''.
Also attending the launch was Dr. Robbie McVeigh of the Rosemary
Nelson Campaign and Ed Lynch, the national coordinator of the
U.S.-based Lawyers' Alliance for Justice in Ireland. Lynch was also
representing the American Bar Association, which has 300,000 lawyers
on its books.
A joint statement said that ``the failure to carry out an independent
inquiry into Patrick Finucane's killing and to find those responsible
for his death, contributed to a deterioration in the rule of law''.
The statement continued: ``The death of Rosemary Nelson further
undermined the rule of law and underlined the government's failure to
meet its obligation, under international standards, to ensure that
lawyers could do their jobs without fear for their personal safety.''
The report highlights the events leading to the murder of Rosemary
Nelson and evaluates the current investigation into the killing.
A detailed presentation of RUC harassment and intimidation of Rosemary
prior to her death provides a damning indictment not only of the RUC
in initiating threats but also in the failure of the RUC and IPCC to
investigate complaints registered by Rosemary at the time.
``The situation now is that Rosemary Nelson's complaints have never
been properly investigated. If her complaints were well founded, and
all the evidence suggests that they were, then no RUC officer has been
disciplined, let alone dismissed.''
Significantly, the report details the British government and NIO's
refusal to provide proper protection for Rosemary. Exposing the
British government's claim that Rosemary Nelson never applied for
protection under the Key Persons Protection Scheme, the report details
meetings with top political and security personnel during which the
issue was specifically raised.
The issue of security for members of the Garvaghy Residents Coalition
and specifically Rosemary Nelson had been raised with Tony Blair's
chief of staff Jonathan Powell and NIO official including the Director
and Deputy Director of the Security Policy and Operations Division
during a face to face meeting in July 1998.
On 20 November 1998, a meeting organised by NIO official Tony McCusker
with the Coalition took place in the Drumcree Centre. The issue of
security was raised again with Breandán Mac Cionnaith specifically
detailing threats against Rosemary Nelson. A specific request was made
again for Rosemary Nelson as well as members of the Coalition to be
placed on the KPP scheme.
At the meeting Tony McCusker indicated that the two councillors,
Breandán Mac Cionnaith and Joe Duffy would be included on the
protection scheme but no one else. The NIO refused Rosemary's request
for protection.
On the actual killing, the report raises doubts about the type of
explosives used in the bomb planted underneath Rosemary's car. Shortly
after the killing, security sources were quoted as saying that the
device was almost certainly a mercury tilt switch detonator connected
to Powergel, a commercial explosive. Yet a documentary made by the
BBC suggested Powergel was not the explosive used.
According to the report, the detonator used has not been found and
there is some mystery surrounding the precise details of the device
used. BIRW questions the ability of the Red Hand Defenders, the
loyalist grouping which claimed responsibility for the murder, to
construct such a sophisticated device and points out that all other
attacks by RHD had been fairly crude.
A similar controversy around the explosive used and the sophisticated
nature of the devices in the Dublin and Monaghan bombings of 1974 led
to allegations of Crown Force collusion. In the Nelson investigation,
to date, there has been no independent forensic examination and the
family are now considering commissioning their own tests.
Questioning the status of the current investigation by British police
chief Colin Port, the BIRW describes the initial involvement of the
FBI and the appointment of British Chief Constable of Kent, David
Philips as cosmetic. The day to day running of the investigation
passed to Colin Port two weeks later.
The report questions both the remit of the investigation and its
independent status. The BIRW describes the investigation as ``the least
independent of the RUC of any external investigation to date.'' The
report points out that Port was called in by RUC Chief Constable and
``ultimately he reports to the Chief Constable''.
Commenting Dr Robbie McVeigh said the Campaign was always clear that
the current investigation led by Colin Port into Rosemary's death fell
very far short of the family's demand for an independent investigation
and inquiry:
``We have also been aware, however, of the concern of some interested
individuals and organisations to let the current investigation do its
best to deliver truth and justice for Rosemary. The British Irish
Rights Watch report underlines serious questions about the
investigation into Rosemary's murder.''
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