Monthly Archives: September 2015

Boston College Case: PSNI Detectives Offered ‘Bribe’ To McConville Family Member To Enable Invasion Of Archive

Statement By Ed Moloney, Former Director of the Boston College Oral History Archive, aka ‘The Belfast Project’.

In the wake of yesterday’s announcement by the Northern Ireland Public Prosecution Service that no charges are to be laid against seven individuals arrested and questioned by PSNI detectives on foot of subpoenas served on Boston College by the US Department of Justice seeking material concerning the disappearance of Jean McConville, I wish to make the following statement:

Tonight I began the process of lodging a complaint with the Northern Ireland Police Ombudsman’s office (OPONI) alleging that PSNI detectives launched their bid to invade the archives of Boston College by offering a member of the McConville family, a person who was in a particularly vulnerable financial position at the time, what amounted to a financial incentive to assist their investigation, or to put it crudely ‘a bribe’.

The detectives told the family member that if he agreed to make a formal complaint, outlining his belief that the Boston College archive held material relevant to the murder and disappearance of his mother, then the detectives would ensure that at the conclusion of their criminal investigation, the material would be made available to him and other members of his family to do with as they wished.

In other words the family would be able to launch a civil claim against individuals they believed responsible for their mother’s death, using the interviews obtained from the Boston College archive. Without that complaint, the PSNI investigation would have been stillborn.

Since the aim of a civil action invariably includes the demand for financial compensation the detectives were clearly offering a monetary incentive to the family member to begin the proceedings that led to the invasion of the Boston College archive. That is why I say the PSNI detectives made an offer that amounted to bribery.

Article 7 (2) of the Mutual Legal Assistance Treaty between the USA and the UK states: “The requesting party shall not use or disclose any information or evidence obtained under the Treaty for any purposes other than for the proceedings stated in the request without the prior consent of the requested party.”

At the time that the offer was made by PSNI detectives the disposition of the US government was a complete unknown and so they were in no position to make an offer to hand over any material to the McConville family. In effect, they misled, and even tricked the family member.

I understand that this transaction is already the subject of a separate complaint to the Ombudsman’s office lodged some time ago.

Following the serving of the subpoenas, the then Chairman of the Senate Foreign Relations Committee, Robert Menendez sought and, I am led to believe, secured a commitment from the US authorities that the Boston College material would not be used in civil proceedings.

Gerry Adams Dines At Bobby Van’s On Park Avenue

The peace process has its benefits.

A spy tells me that Gerry Adams was spotted last night dining – with ‘three Irish looking blokes’ – at the exclusive Bobby Van’s Steakhouse on Park Avenue and 46th Street.

bobby vans-3

Adams is in town to attend the annual Clinton Foundation fest, at which the champion of Wall Street, deregulation and the overwhelmingly successful effort to mass incarcerate America’s African-American population, entertains his enormously wealthy and influential buddies to a weekend of revelry, over-consumption and lobbying for spouse Hillary, who is bidding for the White House herself.

It is a measure of how far the boul’ Gerry has come from the backstreets of Ballymuck, that starters at Bobby Van’s begin at $14.95 and rise to $21.95; a salad can set you back $18.95; entrees start at $39.95 and rise to $53.95; side dishes, spuds to you and me, are $7.95. And that’s before you figure in a dessert and drinks.

boby vans2

God, ain’t this peace process just wunnerful!

Oh Dear! Oh Dear! Oh Dear! Someone Has Been Telling Porkies Up At Stormont Castle

At last, The Irish Times has a real story! Amazing! Read and enjoy, but bear in mind that anyone who suggests or insinuates that Marty has been telling lies is clearly an enemy of the peace process and should be exposed and denounced as such.

Noonan discussed ‘Project Eagle’ deal with Robinson, McGuinness

SF politician told Stormont inquiry into Nama sale he had been ‘kept in the dark’

Northern Ireland Deputy First Minister Martin McGuinness and DUP leader and former first minister Peter Robinson took part in a conference call with Minister for Finance Michael Noonan to discuss the sale of Nama’s Northern Ireland portfolio. Photograph: Michael Cooper/PA Wire. Northern Ireland Deputy First Minister Martin McGuinness and DUP leader and former first minister Peter Robinson took part in a conference call with Minister for Finance Michael Noonan to discuss the sale of Nama’s Northern Ireland portfolio. Photograph: Michael Cooper/PA Wire.

Wed, Sep 30, 2015, 21:34

In records released by the Department of Finance on Wednesday night, a telephone log from January 2014 lists the three as participants in a conference call that took place at the request of then Northern First Minister Mr Robinson and Deputy First Minister Mr McGuinness.

Last week, Mr McGuinness told the Stormont inquiry investigating the sale of the Project Eagle portfolio he had been “kept in the dark” over the transaction.

Mr McGuinness said it was “totally and absolutely wrong” to say he was fully briefed about the Nama sale process from start to finish.

The controversial sale of the £1.2 billion (€1.6 billion) Project Eagle portfolio to US firm Cerberus is the subject of both criminal and parliamentary investigations in the North.

The inquiries arose after TD Mick Wallace claimed during the summer that £7 million transferred from a Belfast law firm involved in the transaction to an Isle of Man bank account was destined for a number of Northern political figures.

Mr McGuinness said last week he was not aware of a January 2014 letter to Nama from Mr Robinson’s principal private secretary, which was a copy of a “letter of intent” on the proposed management of the Northern Ireland portfolio.

The letter, according to Nama, appeared to summarise an agreement between Pimco, a company then interested in acquiring the portfolio, and the Northern Ireland Executive, which outlined details of a proposed memorandum of understanding.

The call log released by the Department of Finance said that, during the January 2014 conversation, Mr Robinson “reiterated the comfort provided by the commitments Pimco had made”.

The call log does not record any comments made by Mr McGuinness. The Deputy First Minister has said he was not privy to a litany of phonecalls and contacts in relation to the sale of the portfolio, some of which included Mr Noonan.

Both Nama and the chair of the Northern Ireland finance committee, Sinn Féin’s Daithí McKay, will on Thursday address the Dáil’s Public Accounts Committee on the sale controversy.

Sometimes I Just So Detest The Media That I Occasionally Work For….

Late last night I was surfing the early editions of the UK and Irish print media, ranging from The Irish Times to The Independent, and I came across this headline in The Guardian: ‘Republican presidential hopeful Carly Fiorina endorses torture’.

So I clicked on the link and found the article which had been written by one Ben Jacobs, only to read the following opening sentence: “Republican presidential candidate Carly Fiorina has endorsed waterboarding, the controversial interrogation method that has been called torture….”

The heart sank, not just because of the rank chickenheartedness that leaped out of that sentence but of all the woeful memories it re-awoke of covering the Troubles in Ireland when fellow reporters would take refuge in similarly shifty wording.

Like: “Last night British soldiers responded to Catholic rioters in Ballymurphy with what some locals described as barbaric levels of violence”.

The qualifying adverb “some” is there to indicate that not all the people of Ballymurphy felt that way (begging the obvious questions: how does the reporter know?) while the absence of a first-hand account is indicative either of an unwillingness to report what the reporter actually saw or to disguise the fact that while the riot was underway he/she was relaxing in the first floor bar of the Europa hotel.

Invariably it was the former.

And so with Ben Jacobs, the insertion of the phrase “….that has been called torture….” is there to indicate that Mr Jacobs has no opinion on waterboarding, one way or the other.

Some call it torture, others do not.

But not Mr Jacobs.

He belongs to the school of journalism which reports the insistence of flat-earthers that the world is not round but flat thus: “Opinions on shape of earth differ.”

Now, that’s what I call responsible, balanced journalism!

Stormont Oral History Archive Must Be Boycotted

The British government have in the last week or so published the Bill incorporating the main elements of the so-called Stormont House Agreement and included in its provisions is a proposal for an Oral History Archive to collect memories of the Troubles.

In all the history of law-making there surely can be no equal to the asinine, vacuous and ultimately cowardly thinking that went into the framing of this idea. Surrendering almost entirely to the victims’ lobby in Northern Ireland, the drafters have included a provision that at a stroke of a pen renders the OHA useless, pointless and irrelevant.

This is what the drafters have inserted:

  1. The OHA will not be exempt from any court order served for the release of information in an oral history held by the archive, including requests for disclosure in relation to criminal investigations. Nor will it be exempt from any statutory duty to report crimes.

It goes without  saying that any former member of any of the North’s various paramilitary groups, either Republican or Loyalist who decides they wish to tell his or her story honestly, frankly and completely, would have to be completely insane to co-operate in any way with the Oral History Archive.

All they would be doing is talking themselves into a jail term. Note that the Bill will oblige the interviewers and bureaucrats running this idiot scheme to report any crime or offence admitted by the interviewees. People co-operating with this madness would save everyone an awful lot of time and money by instead making an appointment at the nearest PSNI station.

As an idea designed to discover the truth of what happened during the Troubles, the OHA as described in this Bill is a piece of lunacy.

It is also a disturbing example of the power now wielded by victims groups and the cowardice of those in power.

The victims (and we were all victims in one way or another) have a right to know what happened to their loved ones. But this idea will not advance their hopes in one smidgen. Rather it will set them back forever.

The victims groups must decide what they want. The truth or revenge. If it is revenge then they will never get it, certainly not by the OHA route. If they want truth then they should lobby government to erase this killer clause.

As for academia, the OHA is a challenge to their courage and integrity. There is no doubt in my mind what they should do. Boycott this OHA, deprive it of the respectability and integrity it needs to survive, do so openly, publicly and loudly and by so doing force NI’s politicians to do the right thing.

The truth shall set you free, but the OHA will put you behind bars.

Here is the Bill:

Stormont Crisis: Lord Carlile’s Secret Work For PSNI/MI5 Revealed

Lord Carlile of Berriew, the Liberal Democrat Peer and senior barrister who is one of the three people named by the British government to pronounce on the security assessment of the Provisional IRA in the wake of the killing of Kevin McGuigan, has a secret job deciding whether the PSNI and MI5 are justified in withdrawing close force protection to members of the establishment in Northern Ireland, including senior judicial figures, who are under threat of dissident republican violence.

His work has brought him into conflict with legal figures who have complained that Lord Carlile too readily accepts the PSNI/MI5 judgement that security force protection should be withdrawn from high ranking figures. The PSNI in particular is believed to be keen to reduce levels of personal protection, both for financial reasons and because the security threat against judges and other high profile targets has in the view of security experts diminished.

Lord Carlile - has a secret job as a one-man court adjudicating appeals against withdrawals of security protection to establishment figures, including top judges.

Lord Carlile – has a secret job as a one-man court adjudicating appeals against PSNI withdrawals of security protection to establishment figures, including top judges. Critics say he sides too often with the PSNI.

Along with Catholic retired senior civil servant, Rosalie Flanagan and senior QC, Stephen Shaw, who is a born again Christian and believed to be the DUP’s nominee to the three person panel, Lord Carlile was appointed this week by NI Secretary, Theresa Villiers to review and pronounce on a PSNI/MI5 assessment of the current state of the IRA due to be delivered before mid-October.

Close force protection involves armed police guards, drivers and home protection on a 24-hour basis, an expensive allocation of police resources. Given the reduced security threat and the need to save money, the PSNI is keen to scale down its commitment to providing this protection but in doing so it has raised establishment hackles.

Lord Carlile, known as Alex Carlile, the Liberal Democrat MP for Mongomeryshire before his elevation to the House of Lords, is described in a Northern Ireland Office press release as “the independent reviewer of national security arrangements in Northern Ireland since 2007”.

In actuality he acts as a one-man court of appeal when the PSNI decides to withdraw close force protection to figures previously regarded as potential republican targets, such as judges, senior legal figures like senior and junior Crown Counsels, and senior civil servants. These decisions often require the input of the British Security Service, MI5.

NI Secretary Theresa Villiers. On eof her nominees to the the assessment panel believes every word in the Bible is literally true; another is accused of believing every word the PSNI utters.....

NI Secretary Theresa Villiers. One of her nominees to the the assessment panel believes every word in the Bible is literally true; another is accused of believing every word the PSNI utters…..

Figures who have had their protection removed have complained, sources have told thebrokenelbow.com, that the withdrawal of protection has been premature and that a threat still exists. They say Lord Carlile is too often and easily inclined to accept the security forces’ judgement on such matters.

The extent of the threat to judges, barristers working for the prosecution service, senior civil servants and other likely targets is, for obvious reasons, not a widely discussed or publicized subject. The secrecy surrounding the subject makes an objective assessment difficult, to say the least.

But one example stands out.

In September 2009, a pipe bomb was found outside the North Belfast home of Judge Seamus Treacy and he was forced to move to a safer location and sell his home. The Real IRA is believed to have been behind the threat.

Judge Treacy was, prior to his elevation, a well known human rights barrister who accepted regular briefs from Madden & Finucane, a law firm founded by Pat Finucane, who was assassinated by the UDA in 1989 allegedly because of his republican sympathies.

Judge Seamus Treacy address a human rights conference as Pat Finucane's son, Michael listens....

Judge Seamus Treacy address a human rights conference as Pat Finucane’s son, John listens….a Real IRA bomb in 2009 forced him to flee his home

In the wake of the peace process, Judge Treacy accepted a seat on the bench.

Whether the dissident threat extends beyond figures previously known for their role in defending Republicans but who have since decided to identify fully with the legal system, is largely an unknown, since for obvious reasons a cloak of secrecy normally covers such matters.

But during the Troubles, the Provisional IRA regularly targeted judges and magistrates and common sense suggest that if the dissidents were capable they would try to do the same.

Whether or not the accusation is true, the claim that Lord Carlile is overly inclined to accept the PSNI and MI5’s word on such threats, especially since the criticism emanates from members of the establishment in Northern Ireland, will raise doubts about his ability to be impartial if faced with a security assessment of the IRA that downplays its threat, or one that minimises the influence of the Sinn Fein leadership over the IRA’s activities.

Whatever the truth, the decision to put the future of the Good Friday Agreement in the hands of three outsiders has already been complicated by revelations about the disposition of two of three named to make the decision.

In the case of one nominee, Stephen Shaw, he apparently believes that every word in the Bible is literally true; in the case of another, Lord Carlile, he stands accused of believing every word uttered by the PSNI.

Whatever the truth, it is not the most auspicious of starts for Theresa Villiers’ panel.

Stormont Crisis: Peter Robinson’s Man On IMC Mk2 Is A Happy-Clappy, Born Again Christian

Stephen Shaw, the senior barrister who is one of three people appointed by the British government to assess the status of the Provisional IRA following the killing of Kevin McGuigan, is a born-again Christian with strong links to the evangelical wing of the DUP.

Shaw,Stephen

Stephen Shaw QC, evangelical Christian and lay preacher

He is a lay preacher at the Scrabo Hall Fellowship near Newtownards, Co Down – which gets its name from the distinctive Scrabo tower overlooking the town. His church is a branch of the Plymouth Brethren movement.

Scrabo Tower outside Newtownards

Scrabo Tower outside Newtownards

Mr Shaw, who was called to the Bar in 1980, where he specialised in civil law, and got silk, i.e. was made a QC, in 2001, has also preached at the NI Assembly Christian Fellowship, a group of fundamentalist and evangelical Assembly Members and Stormont staff which is dominated by the DUP.

According to one account of Mr Shaw’s sermon: “…..he invited us to approach the gospel and the resurrection of Christ from a juror’s perspective, weighing the claims, the counter claims …to consider the ‘evidence’ of the gospel.”

The DUP Assembly member and former Minister in the power-sharing Executive, Nelson McCausland is a leading member of the group. Mr Shaw’s church website carries links to his various sermons, which were available until today when the link ceased to function.

The Scrabo Hall, circa 1906, not long after the church was founded

The Scrabo Hall, circa 1906, not long after the church was founded

Mr Shaw’s church, part of the Open Brethren movement as opposed to the stricter Exclusive Brethren, believes in the literal truth of the Bible. The Scrabo Fellowship’s website defines its attitude to the Bible in simple terms:

The Bible, as originally given, is inspired by God and every word is infallible. Through it God speaks to us today. It is the only authority for what we believe and practice.

Scrabo Hall, a century later. The Plymouth Brethren are known for their business acumen and affluence

Scrabo Hall, in 2006, a century after its foundation. The Plymouth Brethren are known for their business acumen and affluence

Services at the Scrabo Fellowship Hall, are, to judge from the videos and photos available on its website, characterised by much singing and clapping, accompanied by guitar music and drums. It is a style of worship that is often known as ‘happy-clappy’ Christianity.

Mr Shaw’s curriculum vitae, accessible on the Bar Library official website, shows that he has done legal work for Castlereagh Council in East Belfast, which is dominated by the DUP. Castlereagh Council was the springboard for the Robinson family’s political career in Northern Ireland. Both Peter Robinson and his wife, Iris were leading members of the body for many years.

Scrabo Hall - home of happy-clappy Christianity

Scrabo Hall – home of happy-clappy Christianity

All these aspects of Stephen Shaw’s career and background would strongly support the proposition that he is effectively the DUP’s nominee, if not Peter Robinson’s, on the three person assessment body appointed by NI Secretary Theresa Villiers.

They have been charged with making a judgement on the security force assessment of the Provisional IRA in the wake of the killings of IRA members ‘Jock’ Davison and Kevin McGuigan and the PSNI claim that IRA members were involved in the latter death.

“He is very highly thought of by fellow evangelicals”, one well placed Christian source told thebrokenelbow.com.

As a much respected figure in the North’s evangelical circles, the verdict that Mr Shaw delivers on the IRA would give Mr Robinson all the cover he needs in the community that to him and his party really matters: the evangelical Christian wing of Unionism.

If Mr Robinson has these people on his side, the Paisleyite wing in other words, he should have little difficulty bringing the bulk of Unionism with him.

A betting man – of which there would be none at Scrabo Hall Fellowship – would thus put his money on the Assembly and Executive returning to normality before long.

That is if the welfare business is also taken care of………