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Implications of the Finucane verdict

(by Paul Donovan, Irish World)

Paul Donovan argues that there must be an international component of any inquiry into the murder of Belfast solicitor Pat Finucane.

The early indications are that national security is going to be the shield behind which the British government is going to hide the truth behind the murder of Belfast solicitor Pat Finucane. Human rights organisation Amnesty International has already warned that the government look set to put national security ahead of public interest. No doubt the prominence of the former over the latter will be used to stop the truth coming out.

The Finucane family have been struggling ever since the appalling murder of Pat in February 1989 to get at the truth of who was behind the murder. Three investigations by Metropolitan Police Commissioner Sir John Stevens over a 14 year period resulted in the eventual charging of former Loyalist paramilitary Ken Barrett for the murder. A further 20 individuals have been recommended for prosecution by Sir John but whether any of them will now ever see the inside of a court room seems doubtful.

The Finucane family grew tired of Sir John's efforts some time ago. They seemed to be going nowhere and following the time honoured damage limitation methods of the British state, namely to buy time and convict the expendible low level operatives while diverting attention from those further up the chain of command who gave the orders. The conviction of Ken Barrett, particulary if he turns out to be the only conviction fits well into this modus operandi.

The British state has been particularly keen to avoid any deep probe into the Finucane murder because of the number of security agencies involved and how far the collusive lines lead up into government. MI5, the army and police are all implicated at some level in the murder or its cover up. In terms of the politicians only former Conservative Home Office minister Douglas Hogg has so far been publically rebuked over his comments three weeks before Finucane's murder to the effect that some solicitors in Northern Ireland are "unduly sympathetic" to the IRA. His comments came after a briefing from senior RUC officers. Sir John has described Hogg as "compromised" by this comment. Hogg has never admitted any responsibility or even apologised for the comments. But how much higher did it go? Prime Minister Margaret Thatcher was known to take a personal interest in Northern Ireland affairs, so how much did she know about the murder and when?

The implications are that if the policy of collusion was not sanctioned by senior politicians then it must have been a policy implemented by the security services operating beyond their political masters. Either conclusion will be grave news for democracy in the UK but it will only be by getting to the bottom of what has gone on that a line can be drawn under it and measures can be put in place to ensure that it never happens again.

There are many who believe that a proper public inquiry into the murder of Finucane will help shine a light into the web that is collusion in Northern Ireland. There was concern from the Finucane family and supporters at the time that the appointment in 2001 of Canadian Judge Peter Cory to investigate the murder of Pat and six others on either side of the border was simply another delaying tactic. In the event, Judge Cory did a good job sticking to the timetable set and coming up with comprehensive reports that recommended public inquiries in all but one of the cases. It was Judge Cory who came out publically and said he could not see why a public inquiry into the death of Finucane was being delayed in order that criminal trials could be completed relating to the Stevens investigation. The fact that the Attorney General Lord Goldsmith has changed course now, ordering an inquiry while there are still a possible 20 prosecutions pending has raised suspicions among many.

What the intervention of Judge Cory really has underlined is the importance of an open transparent internationally led investigation into the murder of Pat Finucane. It can only be an adequately resourced internationally led inquiry that can get anywhere near to the full truth of the collusive web in operation that led to the death of Pat Finucane.

Whatever the make up of the inquiry they can expect to face intransigence from many of those agencies caught up in the web that is collusion. There is a track record in Northern Ireland going back to John Stalker of blocking those seeking to get at the truth. Sir John Stevens has been constantly frustrated over the years as he sought to establish the truth of what had gone on in Northern Ireland.

Remember the constant frustration suffered by the Saville inquiry into the murder of 14 civilians on Bloody Sunday. The propensity of the Ministry of Defence to lose vital evidence and fail to make other material available. Then there was the unco-operative attitude of both the Ministry of Defence and Northern Ireland Office regarding the investigation conducted by Judge Henry Barron into the deaths of 33 people in the Dublin/ Monaghan bombings. At an early stage, the British government indicated there were 68,000 files of relevance at the Northern Ireland Office and millions of files at the MOD, but it finally produced a mere 16 page letter.

There needs to be a full public inquiry carried out into the murder of Pat Finucane as well as Rosemary Nelson, Robert Hamill, Billy Wright and Bob Buchanan and Harry Breen. Once the truth has been established in those cases it will be time to move onto a proper truth and reconciliation process based upon the South African model. The cases of the past need to be investigated by a truth commission with proper public hearings and comprehensive report delivered at the end.

There will be much heartache and pain during the public inquires and the truth commission hearings but it will only be through such processes that there can be any reconciliation regarding what has gone on in the past. Only then will the society be able to move on with any hope of a truly peaceful future.

The importance of the Finucane case in unlocking the whole collusive web as to what went on in Northern Ireland over the past 30 years is that every security agency is implicated at some level. The police, the army, MI5 and the Northern Ireland Office all shoulder some degree of responsibility. It is important to get to the root of how such a web of illegal activity came to be established. The antecedents of collusion no doubt lie with internment and the shoot to kill policy. Nationalists believe the collusive structure is still in place and can be turned on and off at will by those who ultimately make the decisions.

The truth is that ultimately those making such decisions could well be elected politicians. If it were not the politicians then there were people in the army, intelligence and police who regarded themselves as above the politicians.

The death of Pat Finucane was an horrendous event for all concerned but sadly it was not the only such murder. The reason Finucane's murder is so significant is that it reaches into all the corners of the illegal collusive network that operated in Northern Ireland . Many believe that the unpalatable conclusion of any properly constituted public inquiry will be that an elected British government ran death squads in Northern Ireland to kill its own citzens. It then sought to cover up the truth from the public. The alternative scenario is that those running the death squads were above and beyond the control of the politicians. Either conclusion has grave implications both for the past and future of democracy in Britain and Northern Ireland.

October 14, 2004
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This article appeared in the October 8, 2004 edition of the Irish World.

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