This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/uk/2012/dec/12/pat-finucane-secret-service-killing
The article has changed 7 times. There is an RSS feed of changes available.
| Version 4 | Version 5 |
|---|---|
| Pat Finucane case: the secret service failures and black ops that led to killing | Pat Finucane case: the secret service failures and black ops that led to killing |
| (7 days later) | |
| Special branch and intelligence services officers repeatedly failed to warn Patrick Finucane his life was in danger because they preferred to protect their agents inside paramilitary groups, Sir Desmond de Silva's report concluded. | Special branch and intelligence services officers repeatedly failed to warn Patrick Finucane his life was in danger because they preferred to protect their agents inside paramilitary groups, Sir Desmond de Silva's report concluded. |
| The former war crimes prosecutor's damning critique of the way in which informers were controlled in Northern Ireland during the 1980s sets out in detail how British army handlers deliberately helped loyalist gunmen select their targets. | The former war crimes prosecutor's damning critique of the way in which informers were controlled in Northern Ireland during the 1980s sets out in detail how British army handlers deliberately helped loyalist gunmen select their targets. |
| But government ministers were unaware that Finucane was being lined up for assassination, de Silva QC found. Ignorance among politicians about what was happening on the ground in Belfast was almost intentional, his report implied. | But government ministers were unaware that Finucane was being lined up for assassination, de Silva QC found. Ignorance among politicians about what was happening on the ground in Belfast was almost intentional, his report implied. |
| "There was a wilful and abject failure by successive governments to provide the clear policy and legal framework necessary for agent-handling operations to take place effectively within the law," it said. "The system appears to have facilitated political deniability in relation to such operations, rather than creating mechanisms for an appropriate level of political oversight." | "There was a wilful and abject failure by successive governments to provide the clear policy and legal framework necessary for agent-handling operations to take place effectively within the law," it said. "The system appears to have facilitated political deniability in relation to such operations, rather than creating mechanisms for an appropriate level of political oversight." |
| He exonerates ministers from participation in the Finucane killing. "I have found no evidence whatsoever to suggest that any government minister had foreknowledge of Patrick Finucane's murder nor that they were subsequently informed of any intelligence that any agency of the state had received about the threats to his life." | He exonerates ministers from participation in the Finucane killing. "I have found no evidence whatsoever to suggest that any government minister had foreknowledge of Patrick Finucane's murder nor that they were subsequently informed of any intelligence that any agency of the state had received about the threats to his life." |
| De Silva said his report, which was mainly a review of the paperwork relating to the case, "left me in no doubt that agents of the state were involved in carrying out serious violations of human rights up to and including murder". He went on: "However, despite the different strands of involvement by elements of the state, I am satisfied that they were not linked to an over-arching state conspiracy to murder Patrick Finucane." | De Silva said his report, which was mainly a review of the paperwork relating to the case, "left me in no doubt that agents of the state were involved in carrying out serious violations of human rights up to and including murder". He went on: "However, despite the different strands of involvement by elements of the state, I am satisfied that they were not linked to an over-arching state conspiracy to murder Patrick Finucane." |
| But the multiple failures to safeguard the innocent and the extent of collusion exposed by de Silva raise fresh questions about the security forces' clandestine operations. | But the multiple failures to safeguard the innocent and the extent of collusion exposed by de Silva raise fresh questions about the security forces' clandestine operations. |
| "Notwithstanding the apparent seriousness of the threat to Finucane's life," the report said, "the decision was taken by RUC special branch, supported by the Irish Joint Section (a combined body of MI5 and MI6), to take no action to warn or otherwise protect him because to do so could compromise an agent from whom the intelligence derived." | "Notwithstanding the apparent seriousness of the threat to Finucane's life," the report said, "the decision was taken by RUC special branch, supported by the Irish Joint Section (a combined body of MI5 and MI6), to take no action to warn or otherwise protect him because to do so could compromise an agent from whom the intelligence derived." |
| Referring to another solicitor, Oliver Kelly, suspected of having links to paramilitaries, the report said: "Steps were often not taken to secure the protection of those who were considered to be a thorn in the side of the security forces during this period of the Troubles." | Referring to another solicitor, Oliver Kelly, suspected of having links to paramilitaries, the report said: "Steps were often not taken to secure the protection of those who were considered to be a thorn in the side of the security forces during this period of the Troubles." |
| De Silva's report covers ground that has been repeatedly trawled over by previous investigations into the killing of Finucane. The British government has already admitted there was unacceptable levels of collusion between elements of the security forces and loyalist paramilitaries. | De Silva's report covers ground that has been repeatedly trawled over by previous investigations into the killing of Finucane. The British government has already admitted there was unacceptable levels of collusion between elements of the security forces and loyalist paramilitaries. |
| De Silva's conclusions are broadly in line with previous reviews but are expressed in even more forceful tones. The annex of the report also breaks new ground in publishing internal MI5 documents on the Finucane case. | De Silva's conclusions are broadly in line with previous reviews but are expressed in even more forceful tones. The annex of the report also breaks new ground in publishing internal MI5 documents on the Finucane case. |
| "I was particularly concerned," De Silva said, "by the fact that, on occasions, FRU [Force Research Unit] handlers [of the loyalist agent Brian Nelson] provided him with information that was subsequently used for targeting purposes. These actions are, in my view, indicative of handlers in some instances deliberately facilitating Nelson's targeting of Provisional IRA members." | "I was particularly concerned," De Silva said, "by the fact that, on occasions, FRU [Force Research Unit] handlers [of the loyalist agent Brian Nelson] provided him with information that was subsequently used for targeting purposes. These actions are, in my view, indicative of handlers in some instances deliberately facilitating Nelson's targeting of Provisional IRA members." |
| The report concluded that Nelson, the intelligence officer of the loyalist Ulster Defence Association who was also an army agent, did not directly inform his handlers. "Given that Nelson was an FRU agent, I also considered in detail whether he informed his FRU handlers about the role he played in targeting Patrick Finucane," the report said. "The evidence on this question is complex but, nevertheless, I am satisfied that it points towards a clear conclusion that Nelson did not inform his handlers about his involvement in that respect. It follows, therefore, that in my view the FRU did not have foreknowledge of the conspiracy within the UDA to murder Patrick Finucane." | The report concluded that Nelson, the intelligence officer of the loyalist Ulster Defence Association who was also an army agent, did not directly inform his handlers. "Given that Nelson was an FRU agent, I also considered in detail whether he informed his FRU handlers about the role he played in targeting Patrick Finucane," the report said. "The evidence on this question is complex but, nevertheless, I am satisfied that it points towards a clear conclusion that Nelson did not inform his handlers about his involvement in that respect. It follows, therefore, that in my view the FRU did not have foreknowledge of the conspiracy within the UDA to murder Patrick Finucane." |
| The security service, MI5, developed "propaganda initiatives" aimed at the "unnerving of republican paramilitary figures," De Silva said. "I have established that, although the focus of the initiatives was on republican paramilitaries, Patrick Finucane came to be included in them prior to his murder. | The security service, MI5, developed "propaganda initiatives" aimed at the "unnerving of republican paramilitary figures," De Silva said. "I have established that, although the focus of the initiatives was on republican paramilitaries, Patrick Finucane came to be included in them prior to his murder. |
| "The effect of the propaganda relating to Patrick Finucane was to identify him with the activities of his clients. In my view this propaganda breached basic principles of the criminal justice system, namely, that lawyers should be allowed to carry out their duties to their clients without intimidation, and without the inference being made that a lawyer supports their client's objectives." | "The effect of the propaganda relating to Patrick Finucane was to identify him with the activities of his clients. In my view this propaganda breached basic principles of the criminal justice system, namely, that lawyers should be allowed to carry out their duties to their clients without intimidation, and without the inference being made that a lawyer supports their client's objectives." |
| RUC officers also incited loyalist paramilitaries, when they were pulled in for questioning, to consider Finucane as a target for UDA attacks, de Silva said. | RUC officers also incited loyalist paramilitaries, when they were pulled in for questioning, to consider Finucane as a target for UDA attacks, de Silva said. |
| In the years after the murder, the report said, the army provided the government with "both misleading and in parts factually inaccurate" advice about the handling of Nelson while the authorities considered whether he should be prosecuted. | In the years after the murder, the report said, the army provided the government with "both misleading and in parts factually inaccurate" advice about the handling of Nelson while the authorities considered whether he should be prosecuted. |
| "The actions of the RUC with respect to this process are also a matter of serious concern. It was, and remains, of the utmost importance that the police make full and accurate disclosures to the DPP. In this case, despite the gravity of the issue being considered, the RUC made contradictory and, at times, wholly misleading submissions to the director of public prosecutions." | "The actions of the RUC with respect to this process are also a matter of serious concern. It was, and remains, of the utmost importance that the police make full and accurate disclosures to the DPP. In this case, despite the gravity of the issue being considered, the RUC made contradictory and, at times, wholly misleading submissions to the director of public prosecutions." |
| The controversy | The controversy |
| Who was Pat Finucane? | Who was Pat Finucane? |
| He was a 38-year-old Belfast solicitor whose clients included alleged IRA suspects. He was a Catholic with a brother who is a prominent IRA figure in the city. He was murdered at his home by gunmen who broke in while he was eating dinner with his wife and three children in north Belfast in February 1989. His family have campaigned for 23 years to expose the truth about his murder. | He was a 38-year-old Belfast solicitor whose clients included alleged IRA suspects. He was a Catholic with a brother who is a prominent IRA figure in the city. He was murdered at his home by gunmen who broke in while he was eating dinner with his wife and three children in north Belfast in February 1989. His family have campaigned for 23 years to expose the truth about his murder. |
| Why was he murdered? | Why was he murdered? |
| His family have alleged RUC special branch officers bore a grudge against the lawyer – due to his successes in court defending republicans – and goaded the loyalist Ulster Defence Association into murdering him. | His family have alleged RUC special branch officers bore a grudge against the lawyer – due to his successes in court defending republicans – and goaded the loyalist Ulster Defence Association into murdering him. |
| Why is the case so controversial? | Why is the case so controversial? |
| The UDA was heavily infiltrated by all three branches of the security forces and state agents were involved in the murder. Prior intelligence existed before the killing but the security forces failed to prevent it. Moreover, an RUC officer(s) is thought to have suggested Finucane as a target for the UDA to a paid agent of the state inside the loyalist terror group. | The UDA was heavily infiltrated by all three branches of the security forces and state agents were involved in the murder. Prior intelligence existed before the killing but the security forces failed to prevent it. Moreover, an RUC officer(s) is thought to have suggested Finucane as a target for the UDA to a paid agent of the state inside the loyalist terror group. |
| Has anyone been convicted of Finucane's murder? | Has anyone been convicted of Finucane's murder? |
| Self-confessed UDA assassin Ken Barrett was convicted of Finucane's murder, but others involved were never brought to justice. No one in the security forces has faced a court of law to explain their role in the Finucane killing. | Self-confessed UDA assassin Ken Barrett was convicted of Finucane's murder, but others involved were never brought to justice. No one in the security forces has faced a court of law to explain their role in the Finucane killing. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. |
| Our editors' picks for the day's top news and commentary delivered to your inbox every weekday. |