Why Rosemary Nelson was silenced
by Laura Friel
John Stalker, the British policemen tasked with investigating the
RUC's shoot-to-kill policy in the 1980's, recounts an incident at
Crumlin Road court house when he was reprimanded by an RUC officer
who objected to Stalker exchanging words with Pat Finucane, a
solicitor representing the survivor of the Hayshed stake-out. ``The
solicitor is an IRA man, any man who represents IRA men is worse than
an IRA man,'' said the RUC Sergeant. The parallels between the killing
of Pat Finucane, gunned down in 1989, and last week's murder of
Rosemary Nelson are so obvious that they hardly need to be drawn; the
sophistication of both killings and the context within which they
took place has fuelled allegations of collusion.
In the ten years that have followed, the tenacity and determination
of the Finucane family and their supporters has ensured that the
significance has never been lost. The murder of a civil rights lawyer
and the notoriety of the RUC is now known within political and legal
circles throughout the world. In truth Pat Finucane became more
dangerous in death, than ever he was in life. Yet despite this
someone somewhere decided last week that Rosemary Nelson was more
dangerous alive than dead.
So what was it about this slightly built woman, shy enough to turn
away from cameras to conceal a minor facial blemish, which had so
terrified her killers? As the media images flashed across our
television screens of Rosemary Nelson's car with it's doors flung
open and the mangled front seat where she had so brutally suffered
before dying some hours later, a confidential file was being placed
on the desk of the Director of Public Prosecutions. The file was the
culmination of a two year investigation into allegations of
harassment, including assault and death threats by the RUC against
Rosemary Nelson. The DPP will decide if any action is to be taken
against the RUC.
In the summer of 1997 Rosemary Nelson had lodged complaints of RUC
harassment with the Independent Commission for Police Complaints. An
RUC investigation began under the supervision of ICPC member Geralyn
McNally. The history of the ICPC is one of being an apologist for the
RUC rather than a public watchdog.
A year into the investigation and the ICPC decided to pull the plug,
after McNally expressed ``serious concerns'' about the conduct of the
RUC to Mo Mowlam.The investigation was scrapped and the RUC team
replaced by officers from the London Metropolitan police.
Earlier this week, just days after Rosemary Nelson's death, the ICPC
released to her family details of the ``serious concerns'' which had
underpinned the decision to remove the RUC from the investigation
arising out of Rosemary's complaints, it is telling reading.
Criticism by the ICPC included,
- general hostility, evasiveness and disinterest of RUC officers
involved in the investigation.
- ill disguised hostility to Rosemary Nelson from some RUC officers
whose mindset could be viewed as bordering on the obstructive.
- one RUC officer arrived 45 minutes late for an interview smelling of
drink.
- the apparent prompting of some RUC officers to prepare statements in
advance of interviews. One officer told the ICPC he had prepared his
statement at the request of a chief inspector.
- RUC chief inspector involved in the investigation made a number
of claims which constitute judgment on the moral character of
Rosemary Nelson.
- other senior RUC officer deemed evidence given by Rosemary Nelson
``no better'' than evidence given by criminal suspects,
A chief inspector dismissed the allegations as propaganda.
In short the ICPC found the RUC hostile, evasive, dismissive and
abusive.
But Rosemary Nelson's role as defence lawyer in a number of high
profile cases was not the only reason she became a target for
harassment by the RUC. Six months ago Rosemary travelled to
Washington to give evidence before the US Congress subcommittee on
International Relations and Human Rights. She told the US hearing
that the behaviour of the RUC towards her had worsened over the last
three years, particularly ``since I began to represent the residents
of the Garvaghy Road area of Portadown.''
Rosemary Nelson had a gift for internationalising issues previously
obscured in the political confines of the Six counties. Less than a
week before her death, Rosemary had presided over yet another
breakthrough. In April 1997, a 25-year-old Catholic Robert Hamill was
fatally attacked by a loyalist mob in Portadown. The attack took
place in full view of an RUC patrol who did nothing to prevent the
sectarian murder. Rosemary Nelson was the Hamill family's solicitor.
Two weeks ago it was announced that the families of the murdered
black teenager Stephen Lawrence and the Hamill family would be
``forging firmer links''.
Perhaps then Rosemary Nelson was murdered less for what she has done
and more for what she was about to do.
Last Autumn Rosemary Nelson gave evidence to a congressional
committee investigating the UN report by Param Cumaraswamy. Her
evidence of RUC threats against her was damning and convincing
according to congress members who heard her testimony. Next month
Rosemary was scheduled to present evidence before another
congressional hearing bringing further damaging details of RUC direct
involvement in killings and bombing over 20 years out into the
international arena.
In 1991 Sean McPhilemy produced ``The Committee'' a documentary for
British television which revealed a conspiracy involving prominent
members of the Unionist community who actively colluded with loyalist
paramilitaries in a campaign of terror against the nationalist
community. The making of the programme was followed by the rigorous
pursuit of the film makers by the RUC through the British courts.
As McPhilemy's solicitor, Rosemary Nelson had extensive documentation
on collusion. In a conversation with a close friend, just hours
before her death, Rosemary commented on an article which appeared in
a Dublin newspaper which named a former head of the RUC Special
Branch, Assistant Chief Constable Brian Fitzsimmons as involved in
coordinating attacks by the RUC and loyalist paramilitaries. Rosemary
confirmed that the story was true.
Brian Fitzsimmons was killed in a helicopter crash in the Mull of
Kintyre in 1994. After his death, Ronnie Flanagan took his place as
head of the RUC Special Branch.
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