British reject Finucane probe

London is expected to begin a formal consultation after Easter with other victims of violence on a possible wider “truth commission” — despite the almost universal dismissal of such a proposal from Catholic and Protestant families.
The process comes after the British government ordered three inquiries, on Judge Cory’s recommendations, into the deaths of Catholic man Robert Hamill, attorney Rosemary Nelson, and loyalist leader Billy Wright. But, in potentially the most damaging case to the British security establishment, a prior criminal case was used to delay the Finucane inquiry.
Cory, speaking from Canada, confirmed a view already expressed in his report that the existing prosecution of a North Belfast loyalist should not be used as justification for delaying the Finucane inquiry.
Members of the Finucane family strongly criticized the British government’s decision. They pointed out that Cory had said an inquiry was more important to establish public confidence than the continuing prosecution.
Diane Hamill, sister of Robert Hamill, who was kicked to death by loyalists in May of 1997 as, many claim, police looked the other way, said her family had been working for an inquiry for the last seven years. The report concluded there was evidence police officers had colluded to prevent a full inquiry and this is what the family had always believed, she said.
The family of Rosemary Nelson, who was killed in a booby-trap car bombing in March 1999, said that she might be alive today if she had been treated with the “respect and dignity her professional position deserved.” They said they were both horrified and saddened, if not entirely surprised, by the graphic description of the abuse and vilification she had suffered from RUC officers.
The family of Billy Wright, the leader of the Loyalist Volunteer Force shot dead by the INLA in prison in December 1997, also welcomed the report, saying Judge Cory had raised a number of serious questions about the conduct and actions of the prison authorities and British intelligence agencies.
In the case of Finucane, Cory, finding prima facie evidence of British state collusion in his murder in February 1989, said that the army knew a loyalist working for them, Brian Nelson, was a “central player within the UDA, and that he had considerable influence in directing targeting operations.”
He added: “They were also aware that Nelson often played a direct and active role in reconnaissance missions. The provision of information to Nelson in these circumstances may be seen as evidence of collusive behavior.
“The documents I have examined disclose that army handlers and their superiors turned a blind eye to the criminal acts of Nelson. In doing this they established a pattern of behavior that could be characterized as collusive.
“Similarly, they indicate that Special Branch rarely took any steps to document threats or prevent attacks by the UDA, whereas proactive steps were routinely taken in connection with PIRA and other Republican threats.”
He dismissed suggestions made by Ulster Unionist leader David Trimble that Finucane and Nelson had “a clear terrorist connection.” The suggestions caused outrage after they were made last week in the House of Commons.
Trimble was opposed to such inquiries, but added: “If as a result of this, the truth about Finucane and Nelson comes into the public domain incontrovertibly, there will be some side effect.”
Cory rejected the comments, saying: “At the coroner’s inquest, the RUC officer in charge of the investigation made it clear there was no tie that he knew of between Patrick Finucane and the IRA and that he was simply a solicitor doing his duty. That would seem to be quite clear and strong evidence.”
Trimble later stood by his comments saying “offense” was “unavoidable,” despite calls by both families for him to retract the remarks.
John Bailie, a spokesman for the Law Society, which represents all solicitors in Northern Ireland, said there were real concerns among lawyers following Trimble’s remarks.
Rosemary Nelson’s brother Eunan Magee described the comments as “totally wrong” and demanded he withdraw them immediately.
“Rosemary provided legal representation for her clients. To suggest that Rosemary herself was involved in terrorism in some way, it beggars belief,” he said.
Meanwhile, a number of former soldiers identified by Judge Cory’s report said they want to face a public inquiry. In the statement, issued by their London solicitors, the soldiers said they had faced years of criticism without being given the opportunity to state their case openly.
They said the inquiry would let them “correct years of inaccurate press reporting” and claims of collusion.