It takes more than a gunman
By Laura Friel
It takes more than a gunman. It takes more than a culture of race
hatred in which "yaba daba do any Taig will do". It takes more than a
getaway car or, as in the shooting of 19-year-old Gerard Lawlor, a
speeding drive-by motorbike. It takes more than the silence of gang
members, or the complicity of the killers’ friends, or family.
Last week the PSNI admitted they KNOW who killed Catholic teenager
Gerard Lawlor. But despite this, the PSNI say THERE WILL BE NO ARRESTS
and that currently there is NO PROSPECT OF CHARGES, let alone the
prospect of a trial and convictions.
nouncing that, once again, known loyalist killers will literally
be "getting away with murder"’ PSNI Detective Superintendent Roy
Suitters cited the absence of "new" evidence as the reason behind his
inability to prosecute the case.
"New"’ as opposed to "any"’ suggests that the PSNI have already
pursued every line of inquiry they could reasonably be expected to
pursue. Listening to the detective superintendent, you may be tempted
to anticipate his frustration after a yearlong investigation without a
breakthrough.
Your imagination might conjure images of late nights at police
stations, with officers pouring over the fine detail of their murder
investigation or earnestly discussing the case with their colleagues.
You could be forgiven for imagining dedicated professionals working
around the clock, in their determination to bring the killers to
justice and safeguard the community from further attack. But forget
these fantastic imaginings. Like so many aspects of life in the Six
Counties, things are far from what they might first appear.
Gerard Lawlor, a young father of one, was shot dead on the Floral
Road, in the Whitewell area of north Belfast, as he walked home from
the nearby Bellevue Arms bar, in July 2002.
The 19-year-old forklift truck driver was identified as a Catholic
target by his killers, because he was wearing a Celtic football top and
walking toward a nationalist housing estate. Gerard was shot twice in
the back with a .38 revolver, by two men travelling on a motorbike, and
he died at the scene.
In the year since his death, despite the fact that the PSNI have
admitted they "know" who the killers are’ no one has been arrested and
the homes of the suspects have not been searched. No one has been
charged.
A number of witnesses who came forward have never been contacted,
let alone interviewed. In the light of this, it is easy to see why the
PSNI, twelve months into an investigation, have been "unable"’ to
discover any significant evidence.
But this abject failure to investigate the killing isn't even the
worst aspect of the case. When it comes to the sectarian killing of
Catholics in the north, complacency at the heart of the justice system
is so endemic that failure to investigate a murder doesn't even have to
be covered up or denied. Worse still, it is presented as a wholly
reasonable response.
d if you have any doubts, consider the words of Roy Suitters. Here
is an officer who has achieved the rank of detective superintendent in
the PSNI, an officer at the heart of the PSNI's investigation into a
spate of sectarian killings, including those of Gerard Lawlor, Daniel
McColgan, Ciaran Cummings and Gavin Brett. The latter shot dead in the
mistaken belief he was a Catholic. In all four cases the PSNI have
admitted they know the identity of the loyalist killers responsible for
the deaths, but in all four cases no one has been charged.
Roy Suitters is a high-ranking and significantly placed PSNI
officer. And his words, reported in the media last week, were not
off-duty, off-guard, off-the-cuff remarks, but part of a formal
interview. Superintendent Suitters was sellected by the PSNI to meet
the media and answer questions about the Lawlor killing.
"You have to make decisions at the start of your inquiry, whether it
is worth your while, a week later, bringing two people in who you know
have burnt their clothes and got rid of anything that ties them to the
murder," said the PSNI Superintendent.
As you can see, Roy Suitters isn't a man who minces his words. AT
THE START, the Superintendent decided it wasn't WORTH HIS WHILE to
carry out an investigation. After all, the loyalist killers who were
KNOWN to have carried out the killing, had no doubt got away with
murder before and probably would do so again. Apparently it would just
be a waste of time and energy and taxpayers money to actually GO AND
LOOK. And after such a TOUGH DECISION, it must be a relief to nip down
to the officers' canteen and work on your press statements.
"My view is that, if I have to make arrests I will make arrests.
People have been arrested for this murder, that murder, and they have
all been released without charge, so what good did it do to go and
arrest them?" said Detective Suitters.
These are not the words of a man disillusioned with his job. It's
much worse than that. These are the words of a man for whom doing next
to nothing has become synonymous with doing his job.
"I know if I simply go out for the sake of arrest, these people will
not talk. Two days after the murder, the chances of them making
admissions were nil," said Suitters.
So, according to a senior member of the PSNI, within two days of a
killing, having identified the killers, it's not worth arresting them
and, within a week, it's not worth looking for evidence. Given these
exacting standards of investigation, it is nothing short of a miracle
that any criminal is ever brought to justice by the PSNI.
"The inquiry hasn't been at a standstill, but, it would be fair to
say, when you don't have information, when you don't have members of
the public coming forward and you don't have forensic evidence, it does
limit your lines of inquiry," he continued.
d there you have it. Catch 22. There's no point trying to gather
evidence and, with no evidence gathered, there's no point in carrying
out the investigation. But, like Voltaire's Candide, Superintendent
Suitters remains undauntedly optimistic.
"You never, ever, say never in this game," said Suitters, "you never
know what is round the next corner." A cynic might point out that the
Superintendent will inevitably be condemned never to know what's around
the next corner unless he's prepared to take a look.
"I can understand that people within the nationalist community think
these loyalists are out killing Catholics and we are not catching them
and putting them before the courts," said Suitters. "If I could do
anything to catch these people I would do it."
ything, I presume the detective superintendent means, that doesn't
involve actually knocking on the killers' doors.
Meanwhile, retiring United Nations Special Rapporteur, Data Param
Cumaraswamy, has said the failure to save Rosemary Nelson has been the
only regret of his nine-year term of office.
In 1997 the UN Human Rights monitor was tasked with investigating
the killing of Belfast Defence Lawyer Pat Finucane and continuing
official harassment of lawyers in the Six Counties. During his visit he
met a number of lawyers, including Rosemary Nelson. The Lurgan based
lawyer detailed an experience of harassment from the RUC, almost
identical to that experienced by Finucane just prior to his murder.
The UN official contacted the British government to raise concerns
about the safety of Rosemary Nelson and urged the government to take
steps to protect her. Instead, the British government denied Nelson
access to the Key Persons Protection Scheme, while the RUC Chief
Constable at the time, Ronnie Flannagan, failed to take any
disciplinary action against his officers. She died in a car bomb attack
two years later.
"In the case of Rosemary Nelson I was concerned for her, for her
life. I had intervened with the government about various threats. And
when her murder happened, though I was very, very saddened in many
ways, I was not surprised. And the question I ask is, why wasn't she
given adequate protection?" said Cumaraswamy.
"Similarly, they did not give adequate protection to Patrick
Finucane, when there was evidence at the time that the security forces,
particularly the RUC, knew, or ought to have known, that he was going
to be murdered and they never protected him.
"My only disappointment in the whole process is that Rosemary Nelson
could have been saved and protected after the Patrick Finucane
experience. I only hope that, after these two murders, the authorities
will be extremely cautious in seeing that similar murders are not
committed by anyone."
It takes more than a gunman to kill a Catholic or murder a defence
lawyer. It takes a culture of complacency, a practice of doing nothing
or next to nothing. It takes the complicity of state institutions and
the compliance of their forces. And it takes negligence at the heart of
government.