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**Received via email from Helen McClafferty:

A chairde,

Recently several prominent supporters of the campaign to free Gerry McGeough forwarded emails sent from Sinn Fein for our comments. These emails say that Sinn Fein has called for Gerry McGeough’s release from Maghaberry and therefore our justice campaign should “focus our efforts on the British government, which is responsible for his imprisonment, and on the Irish government, which is a co-signatory to the Weston Park agreement.”

Gerry McGeough has been imprisoned by the British for more than a year at Maghaberry. Clearly the combined weight of court challenges, calls from political parties including Sinn Fein , together with pressure through any and all other political mechanisms, have not yet been sufficient to compel the British to free him. Like any other justice campaign, we can only try for greater efforts by any and every source open to us, until the British give Gerry McGeough the freedom to which we all agree he is entitled.

The primary focus of efforts to pressure the British crown has been legal challenges in British courts, thus far including an abuse of process application, a Diplock trial defense, appeals, and judicial review. Even now a ruling on his pending judicial review is imminent, and could mean freedom for Gerry McGeough.

Given what has already occurred in his case, and indeed in the long history of British courts dealing with Irish Republican cases, there is no assurance of justice for Gerry McGeough. If the crown judge rules against him, the only alternative means of increasing pressure on the British will be to ask more from political parties. As a party which includes a Deputy First Minister, and whose backing helped grant David Ford a renewed term as Stormont Justice Minister, Sinn Fein’s help would be pivotal.

However, the campaign is by no means limited to Sinn Fein. Eamon O’Cuiv, of Fianna Fail, and several SDLP members have visited Gerry McGeough at Maghaberry, and pledged support. Their support was only enlisted when members of Sinn Fein who support Gerry McGeough advised that their requests within party channels for effective rather than token action were stonewalled.

We then received emails and read published letters criticizing Gerry McGeough and our campaign, for not trusting exclusively Sinn Fein; and for accepting help from Fianna Fail and the SDLP despite past policies of those parties regarding Republicans. We will continue to lobby all potential channels of support that might assist in pressuring the British crown directly or through the Irish government.

Gerry McGeough is imprisoned by the British on charges that he joined the IRA in 1975 and that he was wounded in an IRA engagement with a member of the notorious British Ulster Defense Regiment, during the time of the Hunger Strike of 1981.The evidence trotted out against him included medical testimony and photographs of bullet wounds he suffered as an IRA Volunteer, as well as nearly 8 years of imprisonment for IRA activities in Germany and the United States. Given this background, and Britain’s desire to use this case as a precedent against other Republicans, it is difficult to see any mechanism for compelling the crown to release Gerry McGeough without Sinn Fein intensifying its efforts.

We also received inquiries about how much they had already done for Gerry McGeough. We hesitated before making this reply. The campaign is supported by a broad spectrum. It includes Sinn Fein members and party supporters, as well as others with very different views. The campaign is united by one aim of freedom for Gerry McGeough. We want to work constructively with Sinn Fein and all others who can help win this freedom. We have no other agenda.

We were reluctant to clarify the record regarding Gerry McGeough, since an honest response might create further difficulties or even be cited as a reason to do nothing more on the issue. It now appears given the decision to publish this correspondence in AP/RN that we have no alternative.

We wish to acknowledge again that after Gerry McGeough’s arrest in 2007, Michelle Gildernew wrote one of the character reference letters which were introduced during his bail hearing and this letter was helpful to McGeough’s solicitors. On a couple of occasions, during the four years of court proceedings, members of Sinn Fein attended the trial for Gerry and his co-defendant.

However there was a telling disparity between these actions and the far more frequent, vocal, and visible interventions by prominent DUP members, led by Arlene Foster and Maurice Morrow against Gerry McGeough.
DUP intervention, climaxed by Foster and Morrow’s presence in court to influence and celebrate the verdict, was patently obvious to the public and Diplock judge and conveyed a clear signal that the case against McGeough meant far more to the DUP, than to any other political faction.

It is also appreciated that Sinn Fein members, most recently Ray McCartney in December, visited Gerry McGeough amongst other Republican prisoners at Maghaberry and said that his case among others and the protest against brutal H-Block like strip-searches were high on the agenda. However, David Ford, who presides over these injustices, then had his term extended by Sinn Fein in partnership with the DUP, and was thereby empowered to continue these injustices.

We accept that the British broke the Weston Park agreement by jailing Gerry McGeough on thirty year old charges. Britain’s stance in prosecuting former IRA members while conferring an apparent amnesty for murders by British troopers or crown constables is hypocritical. Sinn Fein, better than anyone, knows the difference between token statements meant to do no more than placate supporters and effective action on issues of importance. Without Sinn Fein, as the representative of former IRA members during these talks, demanding that “unambiguous” pledges be honored, it is apparent that the crown feels free to break its word with impunity.

Gerry McGeough’s solicitors urged the British crown court to follow the reading of Weston Park advanced by Sinn Fein. The British and Stormont justice ministry rejected this interpretation out of hand. The trial was suspended pending an abuse of process hearing.

No one from Sinn Fein took the witness stand on Gerry McGeough’s behalf. His solicitors, who have strong contacts with Sinn Fein, were forced to call a loyalist, William Smith, to testify for Gerry McGeough. The application was denied and the Diplock trial continued. We are left to speculate whether testimony from any Sinn Fein representative about what was agreed at Weston Park might have altered the outcome and halted the trial before Gerry McGeough was tried and jailed.

Now an application for a judicial review has been lodged, and a decision is pending. In addition to the Weston Park pledges, McGeough contends that he should be eligible for immediate release because the 8 years in jail in Germany and America should be applied to satisfy the 2 year GFA release requirements. His solicitors cited a dozen comparable cases where Republicans imprisoned in other jurisdictions had their time credited by means of a pardon (Royal Prerogative of Mercy). They were able to obtain and produce copies of these pardons which were attached as exhibits in support.

In making this application, Gerry McGeough in a sworn affidavit, said that while an elected member of the Sinn Fein Ard Chomairle, he often spoke to Gerry Kelly on the negotiations regarding his own case as well as other On-the-Runs (OTRS). McGeough attested that he was specifically told by Gerry Kelly that he was on the list of cases being negotiated and finally told that he was free to go home to Tyrone without fear of arrest or charges. Gerry Kelly says that “this was not the case.”

Gerry McGeough was so sure of this conversation that he not only returned to Tyrone for the first time in years, but began public preparations to move his family there, including applying for planning permission, building a house, enrolling his children in school and moving around openly. McGeough’s solicitors contend that he was removed from the list some time after he left Sinn Fein and arrested because he ran as an Independent Republican.

After this application was argued, the crown judge directed that the record be kept open for an affidavit from Gerry Kelly. Kelly had previously declined to cooperate with McGeough’s solicitors in preparing an affidavit that would have supported him. Our understanding is that Kelly’s solicitors on January 12th sent a letter which was such that McGeough’s solicitors had to incorporate it in a submission that made reference to the “obvious tension” between McGeough’s and Kelly’s positions.

Gerry McGeough, now in his 50s, has suffered heart attacks since his arrest in 2007. Last week he was hospitalized again for his heart ailment and will need further surgery. He is separated from his wife and four young children and imprisoned at Maghaberry in conditions which can only exacerbate his medical problems. He is in jail on 30 year old charges that were clearly part of the IRA’s struggle against British rule.

It is difficult to imagine the frustrations that even someone who has served 8 years in jail, must feel to be held in a British prison in the conditions at Maghaberry on decades old charges, in the midst of what we are often told is a new political dispensation.

It must be especially hurtful, when members of Sinn Fein or supportive organizations in America, advise that they have been discouraged from campaigning for more pressure to free Gerry McGeough and are told to “focus their efforts elsewhere.”

Slán,

FREE GERRY McGEOUGH CAMPAIGN
14 February 2012

By EAMONN McCANN
Counterpunch.org
13 Feb 2012

Norman Baxter may find policing in Kabul these days more congenial than policing in Belfast. The former RUC and PSNI Detective Chief Superintendant is one of a number of senior Northern Ireland police officers who have decided that the new, reformed force is not for them, have taken redundancy and signed up with a private firm of “security consultants” with a contract from the Pentagon to help train the new Afghan police force.

Since leaving the Police Service of Northern Ireland in 2008, Baxter has spoken and written of his anger and frustration at changes which have seemed to him to belittle the sacrifices of Royal Ulster Constabulary in the long fight against the IRA and at policies brought in under the peace process which he believes now hamper the force in its continuing fight against terrorism. A year and a half ago, Baxter joined New Century, founded and led by Belfast-born Tim Collins, a commander in the Royal Irish Rangers who became a star of the British tabloid press in 2003 for a stirring speech he is said to have delivered to troops in Kuwait on the eve of their advance into Iraq. (The only record comes from an embedded Daily Mail reporter who claims that she took verbatim notes of the desert oration.)

The inclusion in New Century of a contingent of former NI police officers, as well as British soldiers with experience in covert operations in the North, indicates that Collins’ involvement in Iraq and now in Afghanistan hasn’t occluded his interest in affairs back home. Writing in the Daily Mail a few days after the Real IRA gun attack in Co. Antrim in 2009 which left two soldiers dead, he declared: “The emasculation of the old Royal Ulster Constabulary, once the world’s most effective anti-terrorist force, is largely to blame for this shambles…In its new guise as the PSNI, the force is so riddled with political correctness that many good old-fashioned coppers…have simply been sidelined. Nowadays, these old RUC professionals who haven’t been driven out work for MI5 as collators or clerks but take no part in operations. This is a disgrace.”

Collins’ rationale for throwing the doors of New Century open to those in the RUC/PSNI who hankered after the old days and the old ways is easily understandable. He will have anticipated that the techniques and experience which the RUC and British security services developed over 30 years combating the Provos and other paramilitary groups will have equipped them with the special skills needed to mentor Afghans training to fight the Taliban once Nato forces have left.

Baxter, a high-ranking officer who had become chief liaison officer between the police and MI5 in the North, will have been a natural. He has been joined in the upper echelons of New Century by a cluster of colleagues, including Mark Cochrane, former RUC officer in charge of covert training; David Sterritt, a 29-year RUC/PSNI veteran and specialist in recruitment and assessment of agents; Joe Napolitano, 25 years in the RUC/PSNI, retiring as a Detective Inspector running intelligence-led policing operations; Raymond Sheehan, 29 years a Special Branch agent handler; Leslie Woods, 27 years in the RUC/PSNI, with extensive Special Branch handling the selection, assessment and training of officers for covert intelligence-led operations. And many others.

Experience in the North is the single most common factor among recruits to senior positions with New Century.

New Century’s presence in Afghanistan and the involvement of veterans of the Irish conflict briefly surfaced in the mainstream British media last June when a former RUC man working for the company was killed in action in Helmand. Ex-RUC officer Ken McGonigle, 51, a father of four from Derry, died in an exchange of fire with two escaped Taliban prisoners.

Baxter had been a relatively well-known policing figure in the North for some years, regularly interviewed to provide a police view on security matters. His most prominent role had been to head the investigation of the Omagh bombing in August 1998, the most bloody attack of the Troubles. It is widely accepted now that the Omagh investigation was botched to an embarrassing degree – although there is no agreement on where blame lies. Baxter is not alone in believing that political considerations and the protection of security service “assets” North and South were major factors in the failure to bring the case to a conclusion

After leaving the PSNI in 2008, he was able to speak out with less restraint. He took a particular interest in the alleged involvement of senior Sinn Fein figures in IRA activities in the past.

The fact that the policing changes had been specifically designed to coax Sinn Fein into acceptance of the Northern State and thereby into a share of Executive power did nothing to sooth the disgruntlement of police officers resentful of reform. Baxter’s particular animus against Gerry Adams came through in a column in the Belfast Newsletter on March 30 2010, in which he urged the PSNI to launch a new investigation into the Sinn Fein leader’s alleged role in the 1972 abduction and killing of Jean McConville, the mother of 10 whose “disappeared” body was finally located on a beach in Co. Louth in 2003. He appears to have been the first figure of any note – certainly the first with a media presence and extensive police connections – to call publicly for action to subpoena video tapes held by Boston College, Massachusetts, in which two ex-IRA members claim that Adams, as a senior IRA commander in Belfast, had ordered the killing of Mrs. McConville and others of the “disappeared”.

Baxter’s intervention came within 24 hours of the publication on March 29 of “Voices From The Grave ”, the book by Ed Maloney based on interviews with senior IRA figure Brendan Hughes and UVF leader and Progressive Unionist Party politician David Ervine. Both men had recently died, allowing Maloney to publish the material: he had given assurances that none of it would be used while they were alive. The same assurance had been given to more than 20 other former paramilitaries, most of them ex-IRA, who had been interviewed by Maloney and his researcher Anthony McIntyre – himself a former IRA prisoner – and the tapes lodged with Boston College.

In the book, Hughes, once a close personal friend and paramilitary comrade of Adams, told that the man who was now an internationally respected figure had orchestrated the abduction and killing of Mrs. McConville.

“Although Brendan Hughes is now dead,” wrote Baxter in the Newsletter, “his evidence, which was recorded, may provide evidence which could lead the police to build a case for criminal proceedings.” His intense personal feelings were evident in his description of a recent appearance by Adams in a Channel 4 religious programme as “sickening” and in a suggestion that Mrs. McConville may have heard herself condemned “from the lips of a demon of death”.

The level of hatred – it is not too strong a word – of Baxter and many of his colleagues at the new status of individuals they had striven to extirpate from Northern Ireland society was unconcealed. “Sinn Fein and the IRA have a record of human rights abuse that would equal some Nazi units in the Second World War, and yet they currently wear the duplicitous clothes of human rights defenders with such ease.”

The pursuit of Adams and others will be seen by Baxter and his colleagues as unfinished business.

Baxter will have been well aware that a taped record of a conversation with a man who had since died is no basis for charging a senior political figure – or anyone – with murder. In the Newsletter, he urged Mrs. McConville’s family to try instead, or as well, to bring civil proceedings – where the standard of proof is less daunting than in a criminal case. Referring to Mrs. McConville’s daughter, he made a public appeal: “Helen McKendry should not be left in isolation to seek justice for her mother through civil proceedings. Civic society and democratic politicians should come together in a campaign to financially and morally support the McConville family.”

His bitter experience heading the Omagh investigation might have put the option of civil proceedings in Baxter’s mind. He had come to believe that shadowy forces had contrived to thwart his efforts.

At Omagh library in February 2006, Sam Kinkaid, the most senior detective in the North, told a meeting of relatives of the victims that MI5 had known months in advance that a bomb attack was planned for either Omagh or Derry, that one of those involved was an Omagh man whose name was known and that the bombers would use a Vauxhall Cavalier. MI5 passed this information to the gardai in the South, he went on – but not to the PSNI in the North. Baxter was seated alongside Kinkaid as he spoke, nodding vigorously. Kinkaid resigned from the PSNI the following morning.

Meanwhile, the Garda Special Branch had been running an informer who supplied information about a series of planned cross-border bomb raids by the Real IRA. Gardai decided to let a number of bombs through so as not to compromise the identity of the informer. Police in the North were not told about this. So there were no special security measures in place in or around Omagh when the bomb in a Vauxhall Cavalier was parked in Market Street on August 15, 1998.

Even after the explosion, with 29 people dead, none of this information was passed to Baxter’s investigation either.

The only person eventually charged with the Omagh atrocity was Sean Hoey, an electrician from south Armagh. He was acquitted in November 2009. The trial judge, Mr. Justice Weir, then launched a scathing attack on the investigation, accusing the police of “a slapdash approach” and condemning two named officers for “reprehensible” behaviour.

Remarkably, however, none of the relatives of the victims interviewed afterwards blamed Baxter or the men under him. Victor Barker, whose 12-year-old son James had perished in the blast, placed the blame much higher: “It is the appalling inefficiency of (Chief Constable) Sir Ronnie Flanagan that has meant that Chief Superintendant Baxter has not been able to secure a conviction”.

Many of the families were at one with Baxter in believing that the investigation had systematically been stymied by senior figures in policing and politics who had reason to be nervous about the full facts emerging and whose political agenda may have taken precedence over the safety of citizens and the pursuit of the perpetrators.

A number of families took Baxter’s advice and initiated a civil case for compensation against four men they believed had been involved in the bombing. In 2009, the four were found to have been responsible. Two were cleared on appeal. But the families were able to express some frugal satisfaction that at least they’d seen somebody held publicly accountable for the devastation which had befallen them.

It is hardly fanciful to trace Baxter’s loud advocacy of civil proceedings against Adams back to the Omagh experience which had confirmed his belief that “the world’s most effective anti-terrorist force” had been prevented from winning its war against the IRA by the machinations of people with no stomach for the fight. Getting Adams now, whether by civil or criminal proceedings, was a part of getting even.

It was against this background that the British authorities launched legal action to recover the Boston tapes. The suggestion came from the Historical Enquiries Team, established in 2006 to re-examine more than 3,000 unsolved cases of Troubles-related murder. The 100-strong team included Mike Wilkins, head of the Special Branch in Warwickshire in England until seconded to the HET in 2006. He had become HET chief investigations officer by the time he left in September 2010 – to join Baxter as training coordinator for the Afghan project. This was six months after Baxter’s call in the Newsletter for a new police investigation into the McConville case. The interconnections between these events have, inevitably, provided fodder for fevered speculation in Republican circles and on blogs and websites over recent months.

To the dismay of Maloney and McIntyre, Boston College decided not to contest a lower-court order to hand the tapes over. The archive is now in the custody of the court while Maloney and McIntyre continue legal action to try to prevent the material being passed on to the PSNI. It is a matter of speculation what the implication will be for Adams and others who have left paramilitarism behind if the tapes are handed over.

As he looks back on more than 30 frustrating years policing in the North, even as he assumes his new and more wide-ranging – and enormously more lucrative, one imagines – role in the global war on terror, Baxter may take grim satisfaction from the fact that he has some of his old enemies still in his sights. He may be cheered, too, by the thought that he won’t be confronted by the same defeatist attitudes and dark maneuvers in the freewheeling fight in Afghanistan as he faced in the constrained circumstances of Northern Ireland, that this time the good guys will get to win. Of course, he could be wrong about that.

BBC
14 Feb 2012

Constable Stephen Carroll was shot dead in March 2009

The car of a man accused of killing Constable Stephen Carroll was parked close to where the gunman fired from, a court has heard.

Witness K, a navigation specialist engineer who gave evidence from behind a screen, said a tracking device showed John Paul Wootton’s car’s location.

Constable Carroll was the first PSNI officer to be murdered when he was shot dead in Craigavon in March 2009.

Mr Wootton, 20, and Brendan McConville, 40, both deny the murder.

Witness K said he examined data from a GPS tracking device which the Army had hidden on Mr Wootton’s car.

He said he had examined more than 150 location fixes from the device and at the time of the murder the car was stationary on the Drumbeg estate, which is close to the murder scene.

He also said the data revealed that 20 minutes after the shooting the car was near Mr McConville’s home.

Charged along with Mr McConville, from Glenholme Avenue, Craigavon and Mr Wootton, 20, of Collindale, Lurgan, are Mr Wootton’s 48-year-old mother Sharon, of the same address.

She denies perverting the course of justice.

BBC
14 Feb 2012

A 49-year-old man has appeared in court charged with possession of a 100lb bomb.

Derry Magistrates Court was told that DNA linked Eamon Terence Cassidy, with an address at Maghaberry Prison, to the device.

The bomb was left in a beer keg inside a car found abandoned in Bishop Street car park – across the road from the courthouse – in March 2011.

Mr Cassidy was remanded in custody until next month.

The defendant was charged with possessing explosive substances, including ammonium-nitrate-based fertiliser and sugar, as well as explosive substances known as PETN and RDX, with intent to endanger life or damage property.

A prosecution barrister said that on 27 March last year a worker at a residential home in Bishop Street received a phone call to say that a bomb had been left near the courthouse.

Other telephone warnings were made to a dispatcher in a taxi office, and a local parochial house.

The caller said he represented a paramilitary organisation which he refused to name, but gave a recognised code word.

The barrister said the police found a green Vauxhall Astra car in Bishop Street car park with a beer keg inside pointing in the direction of the courthouse.

The car had earlier been stolen in the Glengalliagh area of Derry.

The barrister said a sniffer dog indicated the presence of explosives and the bomb was defused following a controlled explosion.

The court was told that among the items recovered from the car were a power unit, a booster tube, and an improvised detonator.

The defendant was subsequently linked to the charge through DNA investigations.

As he was taken from the dock, the defendant blew a kiss towards his family, one of whom said “I love you”.

Mr Cassidy was remanded in custody pending a further court hearing on 8 March.

BBC
14 Feb 2012

A fifth of houses in the Republic of Ireland have delayed or missed paying bills in order to cover their outgoings on basic goods and services, official statistics have shown.

The research by the Central Statistics Office surveyed household spending habits between 2009 and 2011.

It also found that one in 10 households delayed or missed loan repayments.

A further one in 10 delayed or missed paying their credit card bill.

The research is designed to assess how Irish households have reacted to the country’s recession.

The survey also found that more than half of households cut back their spending on groceries and more than half cut back spending on going out.

Almost two thirds of households cut back their spending on clothing and footwear.

Spending on health insurance was reduced in 15% of households and 11% of households cut back spending on pension contributions.

BBC
13 Feb 2012

Members of a specialist army intelligence unit have been unable to explain how vital tracking information relating to the murder of Constable Stephen Carroll was deleted.

Three soldiers were questioned in court on Monday, during the trial of John Paul Wooton, and Brendan McConville, who are accused of Constable Carroll’s murder.

Constable Carroll was the first PSNI officer to be murdered when he was shot in March 2009.

Both defendants deny the murder.

Army intelligence officers had hidden a GPS tracking device in the car of Mr Wooton – who was 19 years old when Constable Carroll was killed.

The prosecution said that the car was used to transport the killers to and from the scene.

One soldier – named only as PIN 8625, and concealed from the court by a screen – described how he had removed the tracker from Mr Wooton’s car the day after the murder, and placed it in a storage facility at an un-named base.

He then went on leave before downloading and saving its contents, which plotted the movements of the car before, during and after the murder.

Despite there being no record of anyone else having touched the device the material on it was deleted.

None of the soldiers were able to explain how, or by whom.

One of the defence barristers then asked whether there had also been a listening device installed in the car, at which point the prosecution intervened.

The disclosure of such information will be dealt with later.

Bobby Sands mural photo
Ní neart go cur le chéile

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