Irish Times
Solicitors representing almost 400 British soldiers who were on duty in Derry on Bloody Sunday in January 1972, have asked the Bloody Sunday Inquiry's three judges to recall a number of witnesses who refused to name members of the Provisional IRA when they gave their evidence to the tribunal.
Among those the soldiers' legal team wants recalled are the vice-chairperson of the Northern Ireland Policing Board, Mr Denis Bradley; journalists Eamon McCann, Kieran Gill, Peter Taylor and Mary Holland; and the former leader of the Provisional IRA in the Maze Prison, Mr Raymond McCartney.
In a 19-page legal submission to the inquiry, the soldiers' legal team stated that if the inquiry's search for the truth about the deaths of 13 civilians and woundings of 13 others in Derry on Bloody Sunday was to be fully investigated, the "wall of silence" surrounding the Provisional IRA's activities on the day had to be breached.
The submissions stated that since the inquiry started five years ago, the process of seeking to investigate the IRA was both slow and painstaking. It added that although the problems involved in investigating the "activities and membership of a terrorist organisation" were obvious, the issues still had to be examined.
The document, which was submitted to the inquiry by barrister Mr Edwin Glasgow, said that a number of civilians and journalists had refused to name members of the Provisional IRA during their time in the witness box. "This situation is unsatisfactory and becomes more unsatisfactory with each witness who gives evidence. "It is for this reason that we ask the tribunal to clarify the position which has been reached with respect to this information and to ensure that its disclosure is given as soon as possible," the document states. "A number of journalists who have had evidence to give as to the membership of the IRA in Londonderry in 1972 have given evidence to the Inquiry. "While it is appreciated that, before requiring a journalist to reveal their source, the tribunal is obliged to seek to obtain such information from elsewhere, the same restriction does not apply where the information sought is not as to the identity of a source. In such cases, the journalist's position is no different from that of any other witnesses before the Inquiry and the tribunal should require these journalists to give disclosure without any further delay", the document added.
Journalists Eamonn McCann, Kieran Gill, Peter Taylor and Mary Holland were named as witnesses who should be recalled. "This tribunal has in the past been prepared to require a journalist to name his military sources and has certified to the High Court in Belfast his contempt in refusing to do so. "That journalist is now facing the possibility of being committed to prison for that alleged contempt. Those journalists who similarly refuse to provide evidence about IRA membership and activities on the day should be treated no differently," Mr Glasgow said.
The soldiers' barrister also said Mr Denis Bradley had stated in his evidence that he had "extensive knowledge of those who were involved with the IRA in l972" in Derry, but he refused to give the inquiry that information. "Once again the wall of silence has been maintained and no further evidence appears to have been forthcoming," he said. Mr Glasgow said the inquiry had gone to great lengths to trace thousands of military personnel present in Derry on Bloody Sunday. "We also note that in the past the tribunal has been prepared to use its powers to compel witnesses to give evidence and use its power to certify a contempt of the tribunal to the High Court. It should not now hesitate any longer before doing all that is required to find out the truth about the activities of the IRA," he added. The barrister also said that "no further evidence" about IRA membership had been received from Mr Raymond McCartney.
The former Maze Prison Provisional IRA leader has already told the judges that "under no circumstances" would he disclose to them the names of Provisional IRA members. The inquiry is scheduled to resume hearing evidence on Monday.
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