In this issue:
1. Irish citizens denied vote in Lisbon referenda.
2. Ireland: Lisbon rerun 'an insult to democracy'
3. Open verdict given at Rossiter inquest.
4. Nelson inquiry challenge dismissed.
5. Adair link to Nelson car bomb murder.
6. Claim that RIR failed to arrest murder suspects.
7. 'Joyrider' RUC/PSNI Suspended.
8. Victim blames loyalists for attack.
9. Brothers accused of murder in Historical Enquiries Team’s first trial.
10. Clarification of Corrib gas route changes sought.
11. Travellers launch petition for recognition as ethnic minority.
12. Basque separatist's extradition hinges on analysis of news report.
1. IRISH CITIZENS DENIED VOTE IN LISBON REFERENDA
THE decision to re-run the referendum on the rejected Lisbon Treaty in the 26-Counties next October represents an attempt to subvert the sovereign will of the People, a spokesperson for Republican Sinn Féin said on December 11.
“All kinds of pressure is being applied to those allowed to vote to ensure that they arrive at the result Brian Cowen and the EU ‘élite’ demand.
“Already a large section of the Irish population are denied their say on the issue. Nobody living under British occupation is permitted to vote, despite being Irish citizens who are resident in Ireland. Of course the fact that a majority of people in the Six Counties are opposed to the direction of the EU – including many who oppose the EU project entirely – means that this situation suits the Dublin administration.
“However, they were prepared to turn a blind eye to the non-resident former head of the 26-County administration, John Bruton – now the EU's representative in the United States illegally casting a ballot in favour of the rebranded EU Constitution.
“The Dublin administration should have the decency to admit that Lisbon is dead instead of engaging in the same cynical exercise of a second referendum as was the case following the rejection of the Treaty of Nice”. Richard Walsh said.
Republican Sinn Féin Vice President Des Dalton in an interview for the leading Austrian daily newspaper Der Standard on Decenber 12 pledged that the campaign against the Lisbon mark II would be just as vigorous as the first time around. “The issues are the same, the Lisbon Treaty is an attempt to create an undemocratic and militarised United States of Europe, that is the issue which must remain at the forefront of the campaign”. Des Dalton said.
2. IRELAND: LISBON RERUN 'AN INSULT TO DEMOCRACY'
The Celtic League described the decision of the 26-County administration to hold a second referendum on the Lisbon Treaty, as nothing short of a betrayal of the Irish people. The second referendum, which the 26-County state committed itself to must be held before November 2009 – the end of the term of the current European Commission – and will be the exact same Treaty that the people of the 26 Counties
rejected in June 2008.
“Although Brian Cowen stated that the views of the Irish people had been respected and that it was ‘a major achievement by Ireland’ not a word of the Lisbon Treaty text will be changed. Instead the ‘concessions’ that Mr Cowen declared had been achieved will now be dealt with by declarations, which will be written together with Croatia's accession treaty to the EU in 2010 or 2011. The legal obligations on Ireland will therefore not be changed if the Lisbon Treaty is ratified in a second referendum and the Irish Government will still not be able to choose its own Commissioner, who will be picked by a majority of EU state leaders,” the statement said.
The Celtic League's Convenor, Cathal Ó Luain, who opposed the Lisbon Treaty in June, said:
“As predicted we will be asked to vote on exactly the same Treaty. A total insult to the Irish people and the concept of democracy in the EU.
“The concession on keeping a commissioner per country will be done outside of it and it appears to me this could change later. The other main issues will, we are told, be dealt with by Declarations, which are not worth the paper they are written on and not binding in the future… unlike Protocols which are binding will not require ratification
of an amended Treaty by those who persisted in ratifying it.
“So we can anticipate in the New Year a campaign of hysteria on what will happen if Lisbon is rejected again, we will disappear into the Atlantic mists and be no longer part of Europe!”
3. OPEN VERDICT GIVEN AT ROSSITER INQUEST
A JURY returned an open verdict on December 12 at the inquest into the death of 14-year-old schoolboy Brian Rossiter who died two days after being found unconscious in a cell at Clonmel Garda station.
The jury returned the verdict after finding in accordance with the medical evidence that Brian was pronounced dead at Cork University Hospital on September 13, 2002, and that he died from an extradural haemorrhage due to blunt force trauma to the head. The jury also made two recommendations regarding the treatment of detained persons in Garda custody which Cork city coroner Dr Myra Cullinane said she would bring to the attention of the appropriate authorities.
The jury recommended that medical attention be called to Garda stations for any individual, particularly someone under 17, if they show any obvious sign of injury or illness and that social services should be available to gardaí at all times for dealing with young persons. The verdict and recommendations came after the jury of four men and four women spent just over an hour at Cork City Coroner's Court considering the evidence given by 31 witnesses over seven days of testimony spread across three weeks.
Dr Cullinane told the jury that they had heard significant conflicting evidence on what had happened to Brian but that they could let that conflicting evidence stand on the record of the inquest and they were not expected to resolve it in their deliberations.
They could only return a verdict supported by the evidence and they were prohibited from implicating, blaming or exonerating anyone in their verdict and as a result, they could not return a verdict of unlawful killing, Dr Cullinane said.
Dr Cullinane advised the jury that they could return an open verdict if they felt that they did not believe the evidence went beyond the medical cause of the death while they could also return a narrative verdict but that could not include judgment or opinion.
She suggested to the jury that they might wish to add riders or recommendation to their verdict with a view to serving the public interest and preventing further deaths but such recommendations must be expressed in general terms.
Since Brian's death, the 26-County Garda Ombudsman Commission has been established and it now investigates any incidents involving people in Garda custody, while more detailed and comprehensive Garda custody records have been introduced since 2006, she pointed out.
Dr Cullinane stressed it was a matter for the jury if they wished to issue any recommendations but among the areas they might wish to consider is that gardaí should identify anyone they consider high risk due to their injuries, alcohol or drug abuse or age.
They might also wish to consider the possibility of introducing CCTV cameras into some cells to allow observation of detainees considered at risk while she also suggested that they might wish to call for adequate foster care facilities for any child that gardaí wish to put into care.
The jury retired to consider the evidence and following their return with an open verdict and recommendations, Dr Cullinane expressed her condolences to Brian's parents, Pat and Siobhán, on the loss of their son.
Mary Ellen Ring SC, for the six named gardaí, expressed their condolences to the Rossiter family. Stephen Byrne, for the Garda Commissioner, said it was every parent's worst nightmare to lose a child and he expressed condolences on behalf of the commissioner.
Solicitor for the Rossiters, Cian O'Carroll, thanked Dr Cullinane and her staff for their courtesy and consideration throughout the hearing. He also thanked the jury for their deliberations.
4. NELSON INQUIRY CHALLENGE DISMISSED
A BELFAST high court judge has dismissed a legal bid by the RUC/PSNI to be allowed to question witnesses at the inquiry into solicitor Rosemary Nelson`s murder.
The British colonial police was also seeking a ruling that any convictions or criminal associations they had should be considered by the tribunal as part of a test on their credibility.
Lawyers wanted permission to cross-examine up to nine witnesses, described as complainants, who have made allegations about threats or abuse directed at Rosemary Nelson by the RUC before she was killed in a loyalist bomb attack in March 1999.
No-one has ever been convicted of the killing.
Earlier this year the Inquiry, which was set up to examine claims of British state collusion, refused to allow any cross-examination by counsel for the RUC/PSNI.
It stressed that the proceedings were an inquisitorial -- rather than adversarial -- process aimed at establishing the truth.
Seeking a judicial review of that decision John Larkin QC, for the RUC/PSNI, had warned of the potentially serious consequences for personal reputations if the claims made against them were backed by the tribunal.
But Lord Justice Girvan dismissed the application, arguing the court should not interfere with the Inquiry`s original decision.
Rosemary Nelson, 40, who represented a number of high profile clients in the nationalist Garvaghy Road residents involved in the Drumcree marching dispute, died in a booby-trap car bomb explosion near her home in Lurgan, Co Armagh.
Retired judge Sir Michael Morland is chairing a three-member panel which must determine whether the RUC, the British ‘Northern Ireland Office’, the British Army or other British state agency facilitated the murder, or blocked attempts to investigate
5. ADAIR LINK TO NELSON CAR BOMB MURDER
A NOTORIOUS loyalist Belfast bomb-maker had been under RUC Special Branch surveillance meeting with the LVF in Lurgan weeks before the loyalist death-squad murdered solicitor Rosemary Nelson, it has emerged.
The public inquiry has now, for the first time, heard evidence identifying the bomb-maker who made the device which killed Rosemary Nelson and details of how the device was sold to the so-called ‘C’ company of Johnny Adair weeks before the attack.
The bomb-maker was not publicly named in the inquiry.
But loyalist sources on December 11 identified him as east Belfast loyalist Thomas ‘Tucker’ Ewing, who is understood to have died of a sudden illness last year.
An RUC/PSNI Special Branch detective identified as ‘B511’, gave evidence to the inquiry revealing details of the bomb-maker’s role in the murder.
“We had a source of intelligence that started to report on the activities of the bomb-maker,” he said.
“Any intelligence relating to the bomb-maker seemed to be very topical.”
Questioned whether anyone, other than the east Belfast loyalist, could have made the bomb which killed Rosemary Nelson, the British Colonial police Special Branch member said: “On the loyalist side the capability to make UCBTs (under car booby traps) was limited.
“Historically there were bomb-makers that could make such devices.
“However, the recent attacks and the UCBTs that had been used, we believed came from this one individual from the east Belfast area.
“He had produced, I think, a variety of bombs at a certain point in the 1990s.”
Revealing how the bomb-maker had sold six under-car boobytrap devices to Johnny Adair’s ‘C’ company, he said: “The bomb-maker had links to what would be classified as ‘C’ company, UDA, in west Belfast.
“This grouping had also close links with the LVF. Its leader had close links to the LVF.”
The inquiry was told that the bomb-maker’s father and stepbrother were members of Adair’s ‘C’ company.
It is now known that the mercury tilt-switch used in the bomb which killed Rosemary Nelson had been part of a batch stolen from Shorts in east Belfast.
The RUC/PSNI Special Branch member said that the RUC had secretly watched as the bomb-maker met with the LVF in Lurgan weeks before Rosemary Nelson was murdered.
The inquiry’s senior counsel Peter Skelton asked: “So back in February 1999, ie pre-Mrs Nelson’s murder, you would have been aware of contact, would you?”
“Yes,” the RUC/PSNI Special Branch member said.
“I would have been aware of meetings between figures within the LVF in mid-Ulster and the bomb-maker, yes.”
6. CLAIM THAT RIR FAILED TO ARREST MURDER SUSPECTS
A BRITISH soldier has claimed that British army ‘Royal Irish Regiment’ (RIR) members failed to arrest two well known loyalist suspects stopped a short distance from the home of solicitor Rosemary Nelson shortly after her murder.
Christopher Jopling of the British army’s Royal Military Police told the inquiry that he had been on patrol with British army RIR soldiers in Lurgan shortly after Rosemary Nelson was killed by an under-car booby trap bomb on March 15 1999.
Christopher Jopling, who is still a serving British soldier, said his position while on duty in Portadown in the late 1990s had been to act as a ‘spotter’ identifying known loyalist and republican ‘suspects’ in the mid Ulster area.
Within minutes of Rosemary Nelson’s murder his patrol were ordered to set up a roadblock at North Circular Road and Lake Street in Lurgan, a short distance away from Rosemary Nelson’s home.
He revealed how a car containing two loyalist suspects was stopped at the checkpoint.
“I remember this as they were believed to be loyalists and were in a staunchly republican area,” he said.
“I spoke with both men who said they’d been visiting the graveyard.
“I can’t remember this conversation now but remember that the graveyard was in a Catholic area and therefore it would have been strange for them to have been there.
“I’m surprised that they and their vehicle were not searched at the time, given their explanation.”
However, Jopling said that when he asked the patrol commander, identified only as A620, to alert his superiors back at base to the fact that two known loyalists had been spotted in the area of the killing, he was told: “I probably won’t bother with that. You know, there is no need.”
Questioned by the inquiry’s legal counsel if he thought the refusal to pass on this information was unusual, Christopher Jopling replied: “Yes, pretty much.
“He told me not to bother doing it.
“It appeared that he knew who these persons were but did not want to pass the information on.
“I thought his actions were strange.”
In a statement to the British Colonial police, Jopling claimed that A620 “would be more verbally aggressive to residents of Catholic estates than other RIR soldiers that I worked with”.
He claimed A620 was “always reluctant to pass details of loyalist sightings and would encourage officers in his patrol to do the same”.
However A620 denied Christopher Jopling’s claim that he had refused to pass on details of the two suspects.
“No, I never said nothing about not radioing any sighting through and I never seen no individuals that has been named there,” he told the inquiry.
7. ‘JOYRIDER’ RUC/PSNI SUSPENDED
FOUR members of the RUC/PSNI have been suspended following allegations that they were caught on mobile phone cameras singing sectarian songs and driving like joyriders.
The RUC/PSNI's admission that four members from its elite Armed Response Unit had been removed from their duties over the claims comes just days after the Chief Constable, Sir Hugh Orde, applied to become the next head of the London Metropolitan Police.
It is understood one of the suspended RUC/PSNI members holds the rank of sergeant. Another four have been ‘re-positioned’.
The Six-County British Policing Board demanded a full report from Orde on the allegations and suspensions. It is understood that the footage of the alleged incidents was discovered after a tip-off from another member of the RUC/PSNI who had seen the film and then reported it to his commanders.
RUC/PSNI Deputy Chief Constable Paul Leighton is leading the inquiry into the misuse of a firearm and mimicking joyriders. It is understood they can be seen on the footage waving a gun out of an RUC/PSNI car as it is driven at top speed.
It is also claimed they performed what joyriders call a 'donut', a move involving handbrake turns at top speed with squealing tyres.
The most serious allegation involves the singing of loyalist so-called 'war songs'.
Policing Board chairman Sir Desmond Rea said: 'Such alleged behaviour is completely unacceptable, transgresses the code of ethics and besmirches the reputation of the PSNI as a whole.'
Meanwhile a RUC/PSNI member has been bailed after being questioned about the illegal possession of guns.
8. VICTIM BLAMES LOYALISTS FOR ATTACK
A FORMER INLA prisoner blamed loyalists for a pipe-bomb attack on his west Belfast home.
Gerard Foster said that he returned to his flat on Lenadoon Avenue on December 8 to find that a kitchen window had been smashed and a pipe-bomb thrown inside.
“I arrived home shortly before 8pm to find a pipe bomb lying between the kitchen and living room,” he said.
“A friend called the PSNI and the British army bomb squad took more than eight hours to defuse it.
“The CID detectives told me that it was a viable device and that they are treating it as attempted murder.”
Gerard Foster, who had previously been warned by the RUC/PSNI on four occasions that his life was under threat from loyalist paramilitaries, said: “The cross-community work that I am involved in means that I regularly work with former UVF and UDA prisoners and even former RUC and British army personnel.
“I am someone who is working to bring the two communities together but because of that work someone is trying to kill me and my family.
“My 11-year-old daughter regularly sits in that room to do her homework and could easily have been killed if it had gone off.”
Gerard Foster claimed that the British Colonial police had failed to publicise the bomb attack on his home properly and had given the impression that the bomb had been found on the road.
“I am angry that this attack is not being reported properly and that people are trying to down-play it and put it across as some kind of INLA stunt,” he said.
“It was a deliberate attempt to kill me and my family.”
9. BROTHERS ACCUSED OF MURDER IN HISTORICAL ENQUIRIES TEAM’S FIRST TRIAL
TWO brothers were sent for trial on December 11 on charges of murdering an alleged UDA chief during a loyalist paramilitary feud eight years ago.
Social worker David Stewart (38) and Robert Stewart (34) are each accused of shooting Tommy English in front of his wife.
The pair, both from Newtownabbey on the northern outskirts of Belfast, also face charges of being members of the loyalist death-squad Ulster Volunteer Force for more than a decade.
Relatives of the victim were in Belfast Magistrates Court as prosecutors were granted an application to have them returned to the Crown Court at a later date.
Both David Stewart, of Ballyearl Crescent, and his brother Robert, from Carntall Rise, were remanded in custody until their trial.
Their case was the first to be brought to court by the Six-County Historical Enquiries Team (HET), a specialist unit set up to investigate unsolved murders from the war in the Six-Counties.
English (40) was gunned down at his home on the Ballyduff Estate, Newtownabbey, on Halloween night in 2000.
His killing was part of a row between rival UDA and UVF factions which claimed seven lives. English had been a member of a loyalist delegation which took part in talks at Stormont prior to the signing of the Stormont Agreement in 1998.
10. CLARIFICATION OF CORRIB GAS ROUTE CHANGES SOUGHT
OPPONENTS OF the controversial Corrib gas project on December 15 demanded clarification of new changes to the proposed onshore pipeline route.
They intend writing to Joe Brosnan, the chairman of the forum recently established by two 26-County administration Ministers, Eamon Ryan and Eamon Ó Cuív, to elicit what status the initiative has.
Shell consultants RPS said on December 15 that “a revised [planning] application will now seek minor realignments to part of the proposed route for the Corrib onshore pipeline, in order to avoid more sensitive habitat, including bog pools, in the Rossport commonage, identified during recent surveys”.
However, spokesman for community group Pobal Chill Chomáin, John Monaghan, questioned how such surveys had been undertaken since there was a District Court order preventing Shell from carrying out such invasive works in the commonage.
RPS also revealed that “the updated application will seek, in certain areas, planning approval for a wider route corridor within which the proposed Corrib onshore pipeline will be constructed”.
In a joint statement Pobal Chill Chomáin and business group Pobal le Chéile observed that this “backtrack” of the planning application showed once again the project was being built “on the wrong site”.
During August the board gave the developers six weeks to provide further information relating to the development’s impact on the stability of ground in the area; its environmental impact; and the impact of any extension of the life of the wellfields or “extensification” of wellfields upstream.
PJ Rudden, RPS group director, said: “The route of the pipeline will largely remain unchanged, and will remain a minimum of 140 metres from occupied dwellings.
“If approved by An Bord Pleanála, a wider route corridor will ensure that there is the possibility of making further small deviations to the route during the construction phase, should this be deemed necessary in particular for environmental reasons.”
However, John Monaghan argued that a new application would not have been submitted unless there were “significant changes”.
“Once again, Shell is playing fast and loose with the planning process,” he said.
Maura Harrington, of the Shell to Sea campaign, claimed this was further evidence of unacceptable action by Shell.
11. TRAVELLERS LAUNCH PETITION FOR RECOGNITION AS ETHNIC MINORITY
TRAVELLERS HAVE launched a national petition to be granted ethnic minority status.
The petition has been initiated by the Irish Traveller Movement (ITM) and has already received the support of the 26-County Equality Authority, Amnesty International and the National Consultative Committee on Racism and Interculturalism (NCCRI).
To date, the Six-County administration has refused to consider giving ethnic status to Travellers.
The Dublin administration has outlined its views in two submissions to the UN’s Committee on the Elimination of Racial Discrimination and in a number of court cases.
It has argued that Travellers are protected under anti-discrimination legislation, but are not significantly different enough to be considered an ethnic minority.
A spokesman for the 26-County Department of Justice, Equality and Law Reform said that position remains unchanged.
“Travellers are a social group within Irish society, but they share the same ethnic background as the rest of the Irish people,” he said.
ITM director Damien Peelo said granting Travellers ethnic status would copper-fasten their right to travel and compel local authorities to provide proper halting sites.
“We still hear arguments at every local authority about whether Travellers should have the right to travel and be nomadic. The arguments are still about why they have to travel and why can’t they be better off living in houses,” he said.
“There are good policies out there but their implementation has been terribly weak and part of that problem is around the assimilation model that’s out there. That’s why we need ethnic status. Granting such status to the Traveller community is a key step in protecting their human rights.”
The petition was launched to coincide with the 60th Anniversary of the Declaration of Human Rights. ITM chairperson Catherine Joyce said becoming recognised as an ethnic minority group is one of the core aims of Travellers and it would bring many clear benefits to the community.
“Ethnic status would provide an important symbolic recognition of Traveller culture as both distinct and valued within Irish society. We asked members what they felt was the most important issue facing the community and overwhelmingly the answer was the need to secure ethnic status,” said Catherine Joyce.
The petition was supported by the former chief executive of the 26-County Equality Authority Niall Crowley who resigned last week in a row over funding.
He said the definition of travellers needs to be more “widely articulated” in 26-County state policy if Travellers are to achieve full equality.
The petition will also be posted to Traveller and human rights organisations across the country and submitted to the 26-County Department of Justice, Equality and Law Reform, along with a position paper in the New Year.
12. BASQUE SEPARATIST'S EXTRADITION HINGES ON ANALYSIS OF NEWS REPORT
A BELFAST court is to consider whether a Basque separatist should be extradited to Spain to face charges of encouraging terrorism.
Inaki de Juana Chaos (53) is said to have written a letter of encouragement to those engaged in the ETA campaign for Basque independence which was read out at a rally.
Inaki de Juana Chaos, who was freed last August from prison after 21 years for his role in the ETA campaign, denies composing such a letter.
The extradition was on the basis of a vague interpretation of the letter included in a journalist's account, Inaki de Juana Chaos's counsel told Belfast Crown Court on December 12.
Edward Fitzgerald QC told the court, which was packed with Spanish reporters: "All we have got is a journalist writing down something which is alleged to have been said.
“We respectfully submit that, if the conduct alleged is to be the basis of a finding that would, if done in England, constitute a crime, it has to be identified with particularity and, indeed, with accuracy.” It is claimed that the extradition could not be granted because there is no equivalent crime in Britain.
The court heard arguments that the warrant for the extradition is therefore defective. “It's just too vague -- you have got to say what the words were,” Edward Fitzgerald said.
The phrase complained of as an illegal “encouragement to terrorism” could be
translated as “keep it up, carry on or kick the ball” he told the court.
“If the allegation is of words which can be interpreted in this particularly controversial context do these words bear the interpretation?”
Stephen Ritchie, prosecuting, said the case against Inaki de Juana Chaos was clear and not vague.
“It is an offence for someone to get up in front of the City Hall and encourage or exhort terrorism… it is an offence. It is quite clear, we say.”
Recorder Tom Burgess said: “I have no idea what this document is. It seems to be potentially dangerous for this court to start looking at a document for the purpose of whether or not a crime is involved.”
The case was again adjourned while the judge considers his verdict.