1 April 1999 Edition
RUC Chief covers his tracks
by Laura Friel
If the Independent Commission for Police Complaints had no confidence in the ability of the RUC to investigate the death threats against Rosemary, how can my family be expected to have confidence in their ability or indeed their willingness, to effectively investigate her murder.
Paul Nelson
It was 3am and just a few short hours after the brutal killing of Lurgan solicitor Rosemary Nelson when the telephone rang in the NIO Secretary of State's residence. The caller, RUC Chief Ronnie Flanagan, was seeking Mo Mowlam's endorsement of his decision to bring David Philips, Kent Chief Constable, into the murder investigation. Mowlam gave the go ahead, leaving the RUC chief to announce the assistance of the senior British police officer together with agents of the FBI.
It was all good PR. Here was the RUC, a force so ruthlessly territorial in the past, who had thwarted Stalker and neutralised Stevens, inviting outsiders in. Irish nationalist and international demands for a fully independent investigation into the Nelson murder were met with a congenial Ronnie Flanagan, ``open to anything which brings about the best prospects for a successful conclusion to this investigation'' while insisting the RUC remain the ``best means'' to this end.
Speaking on BBC Radio Ulster, Flanagan claimed the overwhelming body of opinion was that the RUC was best placed to handle the investigation. The RUC Chief agreed that there were some legitimate public concerns but insisted the RUC was ``sensitive'' to those and was acting in a way to allay them. And for some, the prompt appointment of a British police officer and soliciting the help of the American FBI might have appeared as tacit acceptance of accountability by the RUC. But was the RUC really addressing nationalist fears or simply covering their backs in the face of fierce public criticism?
Within hours, assurances given to Bertie Ahern by British PM Tony Blair were being denied by Kent police and Downing Street. Refusing to give any details, including names and ranks, a spokesperson for Kent said two detectives had gone to Belfast, but only to assist the RUC. Downing Street officials insisted that Philips would be scrutinising the investigation, not leading it. The implication of accountability which accompanied Flanagan's announcement of the appointment of a British police chief was finally dashed with the realisation that Philips may never actually leave his Kent Constabulary desk.
The investigation would not be headed by Philips so much as supervised. It was all semantics, the image of a senior outside policeman with his own team at the cutting edge of the investigation faded into the promise of a cursory glance of a report complied by the RUC delivered to an office miles away from the streets of Lurgan. Flanagan reassured the public that Philips and the FBI would ``retain their role of oversight on the case''. Just what particular oversight the RUC Chief had in mind can only be guessed at although as the week progressed his choice of words seemed increasingly appropriate.
Two of the four FBI agents left the Six Counties a few days after their arrival. Special agent John Guido, in charge of all FBI operations in Britain, returned to the American Embassy in London, where he is based. A second FBI officer, described as an information management specialist, flew back to the USA with no plans to return. The two remaining agents are based in the RUC's headquarters. Leading American lawyer and chairperson of the Americans for a New Irish Agenda group, Frank Durkan, questioned the FBI's impartiality. ``They're not about to bite back at their new partners with an unfavourable report,'' he said.
And then there was David Philips himself. ``The actions of Ronnie Flanagan in appointing David Philips to oversee the RUC investigation does not make this inquiry independent or indeed acceptable,'' said Sinn Féin Assembly member Dara O'Hagan.
``Question marks already exist over the manner in which David Philips' Kent constabulary conducted the inquiry into the Metropolitan Police Investigation of the Stephen Lawrence murder. Indeed at one point, the Kent police actually `commended' their Metropolitan colleagues on their investigation, conclusions wiith which the recently published MacPherson Report `disagreed roundly'.''
Dublin's Sunday Business Post exposed Philips' role in the dirty tricks conspiracy to remove John Stalker, Deputy Chief Constable for Greater Manchester, from the shoot-to-kill inquiry in 1986. David Philips, then Manchester's Assistant Chief Constable, agreed to the establishment of a secret unit to investigate Stalker. Bizarre and unfounded allegations emanating from this unit led to Stalker's removal from the inquiry into allegations of an RUC shoot-to-kill policy. Small wonder that it was David Philips' name which tripped so readily from Ronnie Flanagan's lips when he made that early morning telephone call to Hillsborough.
Meanwhile, a report criticising the RUC investigation into allegations of RUC harassment and intimidation, including death threats against Rosemary Nelson prior to her murder, had been leaked to the media. A damning indictment, the report by the Independent Commission for Police Complaints (ICPC) accused RUC officers conducting the investigation of open hostility and blatant sexism against the Lurgan solicitor. The ICPC was forced to take the unprecedented step of scrapping the RUC investigation and giving the job to Metropolitan Chief Commander Niall Mulvihill.
``If the ICPC had no confidence in the ability of the RUC to investigate the death threats against Rosemary,'' said husband Paul Nelson, ``how can my family be expected to have confidence in their ability or indeed their willingness, to effectively investigate her murder.'' The truth of Paul Nelson's assessment was indisputable but the fudge continued.
Addressing the British House of Commons, NIO minister Lord Dubs described the RUC as the ``best qualified'' to investigate Nelson's murder. The minister was ``confident that the investigation would be carried out impartially''. Mo Mowlam insisted that the investigation would be ``solid''. Flanagan had reacted speedily to address fears by inviting the Kent Chief Constable to head the inquiry and calling for FBI assistance, she assured.
Media revelations continued. Senior members of the RUC had tried to improperly influence the ICPC report, declared Ireland on Sunday. Individual members of the ICPC, tasked with supervising the RUC investigation were reported as having come under intense pressure to ``tone down'' and omit some of the many criticisms. When the RUC failed to pressurise ICPC members, it fell to the Metropolitan Police to dig them out of the hole.
In sharp contrast to the leaked ICPC report, a 10-page review by Mulvihill attempts to play down the seriousness of the ICPC's findings. Drunken obstruction and arrogant non co-operation by the RUC becomes a ``breakdown in communication coupled with a series of unrelated administrative and organisational problems combined to create an `air of concern' which was wholly at odds with, and disproportionate to, the actual situation.''
Meanwhile, Flanagan was directly criticised by UN Special Rapporteur Data Param Cumaraswamy. In a second report, Cumaraswamy accused the RUC of showing complete indifference to the allegations of RUC threats against defence lawyers contained in reports from nongovernment organisations. Flanagan is criticised for ``allowing the situation to deteriorate'' by his inaction.
The UN Rapporteur also responded to Flanagan's dismissal of his earlier report, which Flanagan said was based on ``hearsay'' and insists there is prima facie evidence of collusion fortified by the British government's refusal to publish the Stevens' Inquiry.
If the Independent Commission for Police Complaints had no confidence in the ability of the RUC to investigate the death threats against Rosemary, how can my family be expected to have confidence in their ability or indeed their willingness, to effectively investigate her murder.
Paul Nelson
It was 3am and just a few short hours after the brutal killing of Lurgan solicitor Rosemary Nelson when the telephone rang in the NIO Secretary of State's residence. The caller, RUC Chief Ronnie Flanagan, was seeking Mo Mowlam's endorsement of his decision to bring David Philips, Kent Chief Constable, into the murder investigation. Mowlam gave the go ahead, leaving the RUC chief to announce the assistance of the senior British police officer together with agents of the FBI.
It was all good PR. Here was the RUC, a force so ruthlessly territorial in the past, who had thwarted Stalker and neutralised Stevens, inviting outsiders in. Irish nationalist and international demands for a fully independent investigation into the Nelson murder were met with a congenial Ronnie Flanagan, ``open to anything which brings about the best prospects for a successful conclusion to this investigation'' while insisting the RUC remain the ``best means'' to this end.
Speaking on BBC Radio Ulster, Flanagan claimed the overwhelming body of opinion was that the RUC was best placed to handle the investigation. The RUC Chief agreed that there were some legitimate public concerns but insisted the RUC was ``sensitive'' to those and was acting in a way to allay them. And for some, the prompt appointment of a British police officer and soliciting the help of the American FBI might have appeared as tacit acceptance of accountability by the RUC. But was the RUC really addressing nationalist fears or simply covering their backs in the face of fierce public criticism?
Within hours, assurances given to Bertie Ahern by British PM Tony Blair were being denied by Kent police and Downing Street. Refusing to give any details, including names and ranks, a spokesperson for Kent said two detectives had gone to Belfast, but only to assist the RUC. Downing Street officials insisted that Philips would be scrutinising the investigation, not leading it. The implication of accountability which accompanied Flanagan's announcement of the appointment of a British police chief was finally dashed with the realisation that Philips may never actually leave his Kent Constabulary desk.
The investigation would not be headed by Philips so much as supervised. It was all semantics, the image of a senior outside policeman with his own team at the cutting edge of the investigation faded into the promise of a cursory glance of a report complied by the RUC delivered to an office miles away from the streets of Lurgan. Flanagan reassured the public that Philips and the FBI would ``retain their role of oversight on the case''. Just what particular oversight the RUC Chief had in mind can only be guessed at although as the week progressed his choice of words seemed increasingly appropriate.
Two of the four FBI agents left the Six Counties a few days after their arrival. Special agent John Guido, in charge of all FBI operations in Britain, returned to the American Embassy in London, where he is based. A second FBI officer, described as an information management specialist, flew back to the USA with no plans to return. The two remaining agents are based in the RUC's headquarters. Leading American lawyer and chairperson of the Americans for a New Irish Agenda group, Frank Durkan, questioned the FBI's impartiality. ``They're not about to bite back at their new partners with an unfavourable report,'' he said.
And then there was David Philips himself. ``The actions of Ronnie Flanagan in appointing David Philips to oversee the RUC investigation does not make this inquiry independent or indeed acceptable,'' said Sinn Féin Assembly member Dara O'Hagan.
``Question marks already exist over the manner in which David Philips' Kent constabulary conducted the inquiry into the Metropolitan Police Investigation of the Stephen Lawrence murder. Indeed at one point, the Kent police actually `commended' their Metropolitan colleagues on their investigation, conclusions wiith which the recently published MacPherson Report `disagreed roundly'.''
Dublin's Sunday Business Post exposed Philips' role in the dirty tricks conspiracy to remove John Stalker, Deputy Chief Constable for Greater Manchester, from the shoot-to-kill inquiry in 1986. David Philips, then Manchester's Assistant Chief Constable, agreed to the establishment of a secret unit to investigate Stalker. Bizarre and unfounded allegations emanating from this unit led to Stalker's removal from the inquiry into allegations of an RUC shoot-to-kill policy. Small wonder that it was David Philips' name which tripped so readily from Ronnie Flanagan's lips when he made that early morning telephone call to Hillsborough.
Meanwhile, a report criticising the RUC investigation into allegations of RUC harassment and intimidation, including death threats against Rosemary Nelson prior to her murder, had been leaked to the media. A damning indictment, the report by the Independent Commission for Police Complaints (ICPC) accused RUC officers conducting the investigation of open hostility and blatant sexism against the Lurgan solicitor. The ICPC was forced to take the unprecedented step of scrapping the RUC investigation and giving the job to Metropolitan Chief Commander Niall Mulvihill.
``If the ICPC had no confidence in the ability of the RUC to investigate the death threats against Rosemary,'' said husband Paul Nelson, ``how can my family be expected to have confidence in their ability or indeed their willingness, to effectively investigate her murder.'' The truth of Paul Nelson's assessment was indisputable but the fudge continued.
Addressing the British House of Commons, NIO minister Lord Dubs described the RUC as the ``best qualified'' to investigate Nelson's murder. The minister was ``confident that the investigation would be carried out impartially''. Mo Mowlam insisted that the investigation would be ``solid''. Flanagan had reacted speedily to address fears by inviting the Kent Chief Constable to head the inquiry and calling for FBI assistance, she assured.
Media revelations continued. Senior members of the RUC had tried to improperly influence the ICPC report, declared Ireland on Sunday. Individual members of the ICPC, tasked with supervising the RUC investigation were reported as having come under intense pressure to ``tone down'' and omit some of the many criticisms. When the RUC failed to pressurise ICPC members, it fell to the Metropolitan Police to dig them out of the hole.
In sharp contrast to the leaked ICPC report, a 10-page review by Mulvihill attempts to play down the seriousness of the ICPC's findings. Drunken obstruction and arrogant non co-operation by the RUC becomes a ``breakdown in communication coupled with a series of unrelated administrative and organisational problems combined to create an `air of concern' which was wholly at odds with, and disproportionate to, the actual situation.''
Meanwhile, Flanagan was directly criticised by UN Special Rapporteur Data Param Cumaraswamy. In a second report, Cumaraswamy accused the RUC of showing complete indifference to the allegations of RUC threats against defence lawyers contained in reports from nongovernment organisations. Flanagan is criticised for ``allowing the situation to deteriorate'' by his inaction.
The UN Rapporteur also responded to Flanagan's dismissal of his earlier report, which Flanagan said was based on ``hearsay'' and insists there is prima facie evidence of collusion fortified by the British government's refusal to publish the Stevens' Inquiry.