19 June 2003 Edition
Scappaticci wins judicial review
Freddie Scappaticci, the man targeted by the British media and identified as the British Army spy 'Stakeknife', has been given leave to apply for a judicial review of NIO Minister Jane Kennedy's refusal to make a statement denying that he was a British agent.
In Belfast High Court on Tuesday 17 June, Judge Kerr said he was satisfied there is an arguable case that the Belfast man's life was in real and immediate danger as a result of claims made in the media.
"The history of the murders of informers is too well known to allow any other conclusion. The critical issue therefore is whether the minister is under duty to make the statement sought," he said.
Kerr added that the silence of the authorities on media claims must surely add credence to them. "A statement that the claims are untrue would at least cast doubt on their accuracy and is of acute public interest," he said.
Granting leave, Kerr said the applicant had not failed to raise an arguable case and that it was reasonable to require the minister to make the statement that he seeks.
Scappaticci has denied he was a British agent. His solicitor, Michael Flanigan, said the matter will now proceed to a full judicial review hearing.
In Belfast High Court on Tuesday 17 June, Judge Kerr said he was satisfied there is an arguable case that the Belfast man's life was in real and immediate danger as a result of claims made in the media.
"The history of the murders of informers is too well known to allow any other conclusion. The critical issue therefore is whether the minister is under duty to make the statement sought," he said.
Kerr added that the silence of the authorities on media claims must surely add credence to them. "A statement that the claims are untrue would at least cast doubt on their accuracy and is of acute public interest," he said.
Granting leave, Kerr said the applicant had not failed to raise an arguable case and that it was reasonable to require the minister to make the statement that he seeks.
Scappaticci has denied he was a British agent. His solicitor, Michael Flanigan, said the matter will now proceed to a full judicial review hearing.