Legal action over Kenova cover-up

The widow of an IRA Volunteer murdered by a British double-agent has launched a legal action over the decision not to prosecute anyone in connection with the killing.

Anthony Braniff (pictured, left) was 22 years of age when he was shot dead in 1981 on the orders of a member of the IRA’s internal security unit – Freddie Scappaticci, known as ‘Stakeknife’, who was working for the British Crown Forces.

It was falsely claimed at the time that Vol. Braniff was himself an informer.

His murder featured in a the failed seven-year probe, £40m investigation, into the activities of Scappaticci, known as ‘Operation Kenova’,

The evident cover-up directed by Jon Boutcher, since promoted to the post of the PSNI police chief, resulted in no prosecutions. Scappaticci himself is reported to have died in April.

Mr Braniff’s widow, Mary, has now lodged papers at the High Court in Belfast seeking a judicial review of the decision not to prosecute anyone in relation to his killing.

Her lawyers claim it was irrational, breached human rights standards and failed to properly assess potential health and safety offences.

Lawyer Kevin Winters said: “It will be a travesty if after seven years and £40m worth of investigative work there isn’t a single prosecution arising out of Kenova.

“This challenge is an attempt to make sure that doesn’t happen.”

Scappaticci was linked to more than a dozen murders during his time as a member of the IRA’s internal security unit (ISU), which was heavily infiltrated by British forces.

Mr Braniff, a father-of-three from the Ardoyne area of north Belfast, was one of a number of genuine republicans murdered by the unit.

Mrs Braniff wants the court to quash the decision not to prosecute anyone over her husband’s killing.

The son of a Workers Party member shot dead by the same unit has also called for an inquiry to be held.

Father-of-four Thomas Emmanuel Wilson (pictured, right) was killed in June 1987, also after being branded an informer.

Mr Wilson’s son Paul said prosecutors only contacted his family once to inform them that there would be no prosecution, adding that various attempts to contact officials went unanswered.

Mr Wilson, who was just nine months old when his father was killed, believes there needs to be an inquiry into the role of the prosecutors approached in the Stakeknife files.

“I think there needs to be an inquiry into how they handle stuff like this,” he said.

“An inquiry about how they came about these decisions.”

Mr Wilson believes the Scappaticci files didn’t receive full attention, and described Scappaticci himself as a “serial killer”.

“They had cases waiting on this guy and they let him die peacefully,” he said.

Mr Wilson added that his family believe they have been let down.

“We had a lot of hope and faith in the system doing us right this time,” he said. “And 37 years later we feel let down again.”

“If this was in London the Crown Prosecution Service would have had no difficulty in prosecuting,” Mr Winters said. “But this is Belfast so there won’t be any prosecutions on anything that touches upon State collusion.”

He said there is “real disquiet with the Wilson family over the failure of the PPS to provide detailed reasons why a decision was taken not to prosecute anyone”.

“They are equally annoyed at the refusal to name Freddie Scappaticci as a suspect given his connection to the killing,” he said.

“We’ve asked the PPS for an immediate review and as part of that to have an immediate meeting.”

Urgent Appeal