STATEMENT FROM ED MOLONEY ON POSSIBLE USE OF PIIC IN McINTYRE CASE
(Mr Moloney is the former director of the Belfast Project at Boston College)
The BBC is reporting today that the prosecuting authorities in Northern Ireland may attempt to keep secret the reasons why they are trying to subpoena interviews given to the Boston College archive by its lead IRA researcher, Anthony McIntyre.
After a heavily redacted version of the so-called International Letter of Request (ILOR), which is supposed to outline reasons for requesting the subpoena, was handed over to McIntyre’s lawyers in Belfast today, the PSNI and Barra McGrory’s PPS said that they may apply for a Public Interest Immunity Certificate (PIIC) to prevent the redacted sections ever becoming public.
The Star Chamber version of justice, complete with secret courts, has finally imposed itself on the Boston College case. “It was only a matter of time”, commented one lawyer. Indeed.
The reason why Barra McGrory and the PSNI want to impose a PIIC on McIntyre’s ILOR is that there is no valid reason for the subpoena. Under the treaty which makes such subpoenas possible, the requesting state must justify the request by reference to an ongoing investigation.
There is no ongoing investigation into Anthony McIntyre. There never was. The pursuit of Anthony McIntyre, like that of ‘Winkie’ Rea, was motivated by political expediency, in particular in an effort to demonstrate that the pursuit of the Boston College tapes was more than a ‘get Gerry Adams’ exercise.
I call on the US government to withdraw its co-operation in this matter and end its attempt in the federal courts to actuate a British subpoena which is now tainted by legal trickery more likely to be found in a Third World dictatorship.
I also call on the Taoiseach, Enda Kenny and the Fianna Fail leader, Mr Micheal Martin to publicly condemn this British action and to confirm that they will oppose any and all attempts to extradite Mr McIntyre from their jurisdiction.