Republican News · Thursday 28 March 2002

Compromised witness critical of Ombudsman's decision

A witness to a loyalist killing whose life was put at serious risk when RUC officers revealed his name and address (along with the identities of a number of other nationalist witnesses) to the main murder suspect has been told by the Ombudsman's Office that no further action can be taken.

Immediately after the incident, which took place in May 1994, the witness, Sinn Féin's Stephen Long, lodged a formal complaint with the then Police Complaints body and was subsequently advise that the two senior officers involved in the incident had been "spoken to by their Divisional Commander" and the matter was now closed.

Long subsequently took his complaint to the Ombudsman's Office but was informed last week that the incident could not be pursued because the Ombudsman's "retrospective powers are limited under the legislation".

"The letter implies that the incident falls outside the Ombudsman's current remit," said Long, "but clearly in a situation where the lives of witnesses have been put at risk, and given the history of RUC collusion with loyalists, possibly deliberately put at risk, I don't think it can be categorised as anything other than grave."

RUC/PSNI arrest 11-year-old

A West Belfast Sinn Féin councillor has hit out over what she described as "the illegal arrest" of an 11-year-old schoolboy. The incident took place on Monday 11 March on the Ballymurphy Road, a short distance from the boy's Springhill home.

Marie Cush, who represents the area, said: "I witnessed the arrest of this boy, Michael Lavery, whose only crime was to be playing football in his own area."

Speaking out against the RUC/PSNI, Cush said: "The terrified child was arrested and taken to Grosvenor RUC/PSNI barracks. He suffers from epilepsy and severe asthma and they kept him in an interview room from 8.30pm until almost midnight and cautioned him on a charge of criminal damage."

Michael's mother, Noreen Lavery, says she is furious at the treatment handed out to her son. She said Michael had gone to play football with his friends when two Land Rovers came by and stopped close to them. Older boys threw a few stones and the RUC/PSNI dressed in boiler suits jumped from the jeep grabbed Michael and threw him into the back of the vehicle.

According to the boy's mother, Michael has had nightmares and hasn't been to school since the incident.

Catholic man wins discrimination case

A Catholic man from West Belfast has been awarded £12,500 by the European Court of Human Rights in a religious bias case which was settled in Strasbourg on Wednesday 20 March.

Liam Devenney took his case to the European Court after he was refused leave to pursue a religious discrimination case against the Culloden Hotel, situated on the upmarket North Down coast.

The Court ruled that Devenney was unable to get a fair hearing from an employment tribunal because a Section 42 certificate had been signed by the British Secretary of State of the time. The certificate justified the man's sacking on the grounds of public safety. Devenney had claimed he was the only Catholic working on a full time permanent basis in the hotel's restaurant when he was employed there in August 1992. Two months later, he was informed by his manager that he was being dismissed for "failing to make the grade".

The case was heard before seven judges, who found that Devenney's rights of access to a court or tribunal had been violated.

Said Devenney's solicitor: "He is happier than he was last year when he was offered £2,000 to go away by the British government, but he is still quite unhappy that his name is not cleared."