Lawyer battles governments for withholding key information

The High Court in Dublin has granted leave for a judicial review brought against the Irish authorities over their failure to provide information about the Dublin and Monaghan bombings to the Police Ombudsman in the North of Ireland.

Paddy Askins, son of Patrick Askin, who was one of 33 people killed in the 1974 bombings, the largest single massacre of the conflict, is challenging Garda Commissioner Drew Harris and Justice Minister Helen McEntee over their failure to co-operate with the investigation.

There are long-standing allegations of collusion between the so-called Glenanne gang and the British Crown forces in a series of attacks in the mid-1970s, including the Dublin and Monaghan bombings, which at the time were claimed by the unionist paramilitary UVF.

Belfast-based solicitors KRW Law acts on behalf of families and survivors of the Dublin and Monaghan bombings.

Lawyer Kevin Winters said: “The reason for bringing this case is to try and force Gardaí to hand over the Dublin-Monaghan files to PONI.

“It’s stressful and re-traumatising for families to learn that the Irish State hasn’t actually facilitated something as basic as this.

“In these circumstances you can’t blame them for thinking if there is some sort of cover-up. It’s a depressing day for justice when families and survivors are left with little option but to go to court.”

No one has ever been held responsible for the attacks, and the police investigation files into these bombings and the murders remains open.

Last June, shortly after the 50th anniversary of the bombings, Ireland’s Justice Minister Helen McEntee claimed that Gardaí had been assisting the North’s police ombudsman, but so far there has been no indication of it in reality.

Last Tuesday, the High Court formally granted leave for Paddy Askins to take the case to a full hearing.

Mr Winters added: “It is depressing that, after 50 years, families have to traipse to court to force the Irish authorities to make files available on the worst atrocity of the conflict.

“We welcome the fact that the High Court has made an order granting leave to take the case to the next stage. We now call on the authorities to do the right thing and make these files available as soon as possible.”

SCAPPATICCI DEATH QUESTIONED

Kevin Winters is also pursing answers to questions over the claimed death of a British agent in the North.

Relatives of people killed by Freddie Scappaticci are considering a judicial review to obtain information about the supposed death of the double agent, known in the media as ‘Stakeknife’.

Suspicions have grown about the fate of Scappaticci after a British government department refused to provide very basic information to some of his victims.

In 2003 the west Belfast man Scappaticci, a former commander of the IRA’s Internal Security Unit (ISU), was outed and fled Belfast after being accused of working for the Crown Forces. Before his conveniently timed ‘death’, he faced potential prosecution for the murders of several innocent civilians and genuine republicans whom he accused of being informers.

It is claimed Scappaticci died last year, although few details of the circumstances have been made public, and none confirmed. It was claimed that he died of natural causes and was buried in England.

An eight-year police inquiry into his activities, ‘Operation Kenova’ has so far led to zero prosecutions and has only recently obtained documents which showed he acted under the direction of both MI5 and the Force Research Unit, a covert unit within the British Army.

An interim report was published earlier this year with a final document expected to be made public next year.

Crown prosecutors have said they cannot make decisions about prosecutions because of the former Tory government’s controversial legacy act, which remains on the books despite promises that it will be repealed and replaced.

Concerns have now been raised after the London-based Cabinet Office refused to respond for 18 months to questions like what date Scappaticci died and where he was buried. They also asked if a post-mortem report was carried out and if it can be released to the people he represents.

“Whenever state agencies retreat from disclosing basic information like this it only serves to fuel suspicions,” said Mr Winters.

“In fact, some of our clients are openly questioning whether or not Freddie Scappaticci is actually dead.”

Urgent Appeal