Nelson dies
BY LAURA FRIEL
Whether by accident or design, the death of British agent
Brian Nelson, just days before the publication of a report into
the assassination of Belfast defence lawyer Pat Finucane and
British state collusion with loyalist death squads, will be
viewed as remarkably auspicious by some.
As a British agent working undercover within the UDA, Nelson
had provided a vital lynchpin between loyalist gunmen tasked with
carrying out the killings and the British agencies that selected
the targets, supplied the arms and intelligence and provided the
political and judicial climate within which collusion could
operate.
Born in the Shankill, Nelson had joined the British Army in
1965 but it was only after conflict broke out in the North that
his potential as a covert operative emerged. Nelson joined the
UDA in 1972, within a year of it being formed.
In 1974, Nelson was involved in the sectarian kidnapping and
torture of a disabled Catholic Gerard Higgins from North Belfast.
But his conviction in connection with a brutal sectarian crime
appears to have been immaterial to the FRU commander and MI5
agent who recruited Nelson.
In June 1987, Nelson travelled to South Africa where, with the
assistance of another British agent, Charles Simpson of MI5, he
successful procured a shipment of illegal arms for loyalist
paramilitaries. It is estimated that this weaponry has been used
in well over 100 subsequent killings.
Working with the FRU, Nelson selected targets and provided
loyalist killers with the intelligence necessary to successfully
target their chosen victim. Although it may never be known
exactly how many people Brian Nelson helped to kill, it is known
that at least 80 people on his files were attacked, 29 of which
were shot dead.
At the time, the procurement of killings by the British state
was described as 'taking the war to the IRA' but in fact those
targeted included anyone deemed a threat to British occupation or
convenient scapegoat. Amongst those killed was Belfast defence
lawyer Pat Finucane and retired Catholic taxi driver Francisco
Notarantonio.
As I listened to an announcement of Nelson's death on the BBC
World Service in the early hours of Sunday morning, I wondered if
the transmission had reached British Brigadier Gordon Kerr,
recently spirited away to 'the theatre of war' in the Middle
East.
Kerr is the most senior figure within the British
establishment currently threatened with prosecution following the
Stevens investigation. The key witness in any trial would have
been Brian Nelson.
As head of the now infamous FRU, Gordon Kerr, his identity
shielded by screens, had appeared at Nelson's trial in 1990, as
the mysterious 'Colonel J'. Speaking in defence of his agent,
Kerr had described Nelson as "a very courageous man" and claimed
that his role within the UDA had been "to save lives".
The FRU was a covert British Army unit that, together with
MI5, rearmed, reorganised and redirected loyalist paramilitaries
as state assassins by proxy. The collusion conspiracy was
initially exposed after loyalist killers, accused of random
sectarian murders, published scores of official montages of their
victims.
A decade later, the British state stands accused of one of the
most serious crimes of any body politic, commissioning the murder
of citizens within its own jurisdiction. And according to
official leaks of the Stevens' report, not only Nelson but also
Kerr was facing prosecution.
But when it comes to agents and soldiers of the British state,
facing prosecution and actually being brought before a court are
two very different things. As Beatrix Campbell, writing in the
British Guardian, pointed out, "there is talk of Stevens
recommending charges against 20 members of the [British] security
services, but he won't". Instead, reports will be sent to the
Director of Public Prosecutions, "notorious for not pursuing
cases against the [British] security forces".
As Campbell points out, the only cases the British state has
been eager to pursue have been against "potential witnesses for
the prosecution". Amongst those have been Nicholas Davis, whose
book about Brian Nelson exposed the operation of collusion and
who "was allowed no defence, no appeal and warned never to tell
what had happened to him"; and Tribune journalist Ed Moloney,
prosecuted for refusing to hand over interview notes with William
Stobie.
Stevens is to present the PSNI Chief Constable Hugh Order with
a 3,000-page document this Thursday but it is believed that only
a 15-page summary will be released to the public. Stevens had
been tasked with 'investigating' the killing of Pat Finucane but
it is unclear how much of his report will actually deal with
this. According to some media reports, the main focus will be on
ethics, practices and procedures.
Sinn Féin Assembly member Alex Maskey, who survived an
assassination attempt involving Nelson in 1988, has asked the
British government to detail Brian Nelson's status within the
British military in the period leading to his death.