National Archives 2020/23/28 START of file Ne·wspaper art-iclefs)/cutting(s) have not' been ,copied A= the House wi)l have heard, three ioentified
terrorl. s•s'"' , orw... C lllt'!U CUl~·- ~ ~----·-··-- .. .., ... .._,,, .--~--.;.;,;;..; _;;:;;·-··- ... _ ...... ·.:· .. .• 'h•u--~ Security Forces in 1,ailn:alLc:1j." y.si:itc:..·do.;,· ~fte~noon , 'T'"Wo of record ~f tarrorist The !PA have since admitted that the tnree
in Gibr~ltar. The b~ckground ani [acts are~~ fellows.
Another x.nown IRA ter~urist, who w~~ under surveillance by the Spanish authorities, recently crossed into Gibraltar ~nd i& thought. to have carriP-d out a
-· - _..._ .!. .... ' .... reconnaissance for an act ot ~errorism. .i. • n::s c:a ...... " ... _..,
on ;i·uesdays. Thli$ Gibral t~r Pol ice were a~nordingly placed on high alert, and the Police Commissioner asked
,£ - -- - .: " J ...... " .LU.I,. ,i.1.1. .1..1.i..u.L.:, tha threat.
Shortly before 1.00 pm ye~te~day afternoon, one ot .,_ Gibraltar and was seen tc p~rk it .LU tha ::.rea where th~ Y.~!~~ .... "r! ··------· J a~~embles. Before leaving the car he was seen to ~pend soma time m~king ~djuctment~ in th~ vehicl~. Ail hour ~nd: half ~u~ ~~h~~~ ~ub5Pl'fl1P.ntly shot were seen to enter Gibraltar ...... ~ -.. .:--..-··-- .. i.-...-· __ ._ .. _....,..., 11\AIII"""" ..... a, ~l"\WT'I terrorist in ...... --····.; .. wv .. - •• - · - - · · -· the par~~d Henault cwr ...... -----·':' ,..,..,... su~picion that it ocmt~d ned a boJ!lb, which appet1:r:·ed to b& · ccrrohorated by a rapid techn.toal eA'.arnin -...... , ... . . ,> ':... t • ·... .. " . ;,,,: >...... " ... .: -· ...... / r"i-'1 I ~._IT'\i"lr,,,J r.._,'-' 1-Ul'UJl-ll '1 ~hout 3:30 p~ ~11 three left the scene and started • ...... _ ... _...... ~ ...... ~,...... \.Ui= ,l,,IVA. ,..""._ ._uc..1 challenged by the. ~ecu~ity Foroee . When chi:illen>;18J +...... !-..-.~ 1 :' others were under U1~~~t. t.\...AA,..,, ..... t-.th¥fti- --- -••-Cl"'"+-- • to have been carrying arms. t The parked Ren~ult car was aubs~q-Jcntly dealt with by a military bomb dispo~al Enquiries carried out by the hove =~tchcd keys found ~n nn~ nf the bodie~ w1th a Ford Fiest.:: c~r, ~ub~eq1...1ently fo1.1nr1 c:in the Spanish side .... ~ CC!1"'1t"\l'"+ Cl . ~"'"'--"""._ !! !.. •. -··- :---!.- ... - • t-.:\T'I~-- ... - .- wire and an ~,Arm clock. A key was also found to a third explosives...... ~.l.i.i .i.ii~ Gibr~ltar: ..... ,.' ~.""'"" - .",_,.~ -- ...... ---- ,i ..- ~h'? ~!'~a a.t-. wh i eh t.he band and solQi~L°li would have formed for the Tuesday parade. A school and an old ...... _ s;;n-- ;nvojved in the RID FCO LOi-iDOi~ It. ilii etiL.i.maLed that. ca&ualtii!s .:.:uu..id havt! run into i:.hrae f.iaur@s.. . -- ..11 ...... 1-&a ....1- ...... __ ...... -- ...... ~ is uu wu,.u,..11. WUDl,.t::Vt::L \.UQ\. ~b Cl- ,l.t;;:b1.4J.I,,.- --- .. V.&.- _.______._ _.. b'•'l::IVCUI..C~o .. --- -·--- .&..\.. - ....t. _, - ··- - · - · - .... .I" ...... '\. - -· -. . /J ~-· • - .&.., .. ..,_ ~ ... ~~• 'W' 'lll'A.•,_, Wa&W,(11,,.¥ .... ~4-6._...... W ... A...... 1.6. "- .... \,af.. Ill~ ~ ..... -._. averted. to cur ;ratituda tc the Spanish authoriti&s -··.tr·,vai,,,..hi. ------=-~cz~R~Jllnr,a--··-- Tha-··- n,,T",-.n'ffla------m{ni-,'r---:,·· - have been very different. This coooeration. underlines in the tight against terrorism. NOTE Gibraltar Shooting - Passport Aspects Sean Savage 1. Department of Justice informed us on Monday that Savage was carrying a passport No. J630357 in the name "Brendan Coyne". The Passport Office checked and found that a passport of that number was issued in 1984 to a Mrs Sarah Callaghan, born in 1928. This information was passed to Justice and is the basis for the details given by Des Mathews to the Secretary. Until we see the passport it is not possible to say if the Savage/Coyne passport is a doctored version of Mrs Callaghan's passport (there is no report of loss or theft) a passport from the batch stolen from the printers in 1984. This set was unnumbered but bore the letter J. It is quite possible therefore that the forger simply inserted a number corresponding to Mrs Callaghan's. Mairead Farrell 2. An Irish passport K032528 was i~sued in February 1985 by the Passport Office to Mairead Patricia Farrell (date of birth: 3.3.1957). The Office has checked the photo on the file against that in the newspapers and confirms that it is the same person. This passport was properly applied for and issued. Daniel Martin Mccann 3. We have no record of an Irish passport being issued to Mr. Mccann. British Passports 4. The Department of Justice have informed us that the passports found on Farrell and Mccann were British. Ted Barrington Assistant Secretary Administration Division ( March, 1 988 Secret Gibraltar shooting - question of use of Irish passports Tanaiste, Following your query this morning I contacted the Secrebary, Department of Justice, Des Mathews about this. He told me the following. The Department of Justice so far have found it very hard to get information. They have made a formal request by telex to the International Liaison Office for details and the Garda Officer handling these matters has also made an informal telephone call to his contact in London. He was told that his contact is "away". He spoke to someone else in that office who said "it will be a matter of days" before they can supply information. Mr. Mathews wondered if there were getting the "run around" but he is not sure of this. In fact the information they have had so far has come from their contacts in the RUC. This is as follows:- The three persons killed in Gibraltar were carrying between then two British passports and one Irish passport. This latter passport was being carried by Savage and was in the name of "Brendan Coyne". The number was J 630357 which is in fa~~he number of a passport issued to a Mrs. Sarah Callaghan in ~/ff¥ through this Department. ( h . 1 n 8) Justice believes that Mrs. Callaghan is an innocent passport holder and that the passport is actually one of a batch of blank passports stolen some years ago which were imprinted with the letter J but which had no numbers as yet. They believe that the Proves probably inserted a number at random which happens to coincide with the number of the legitimate passport issued to Mrs. Callaghan. Noel Dorr Secretary t~ {f5t ) :=::-037:3:;::: T U E: 1 4 : 2 1 \ ,:"'\. : . • ...: _i:,, ...... - ...~ . ,. Issued by the Government Information Services, 6 Shelrbhfsf Eolafs. an R.ia!tais, Government Buildings, Tithe An RJaltals, Dubftn, 2.. Tel. (01) 607555, Teiex 25800. Ball~ Atha Cliath, 2 Tel. (01) 607555. T.ii~x 15600. Government Statement on Gibraltar Shootings The Government condemn all forms of violence and recl'.'::rr ~ t, the: necessity for security forces to take all reasonable nu:.~ .. ..;S .;.- ,:-, combat terrorism. The Government are, however, gravely perturbed that three unarmed Irish people should have been shot dead in Gibraltar on Sunday when it appears from reports that they could have been arrested by the security forces involved. The Governrnent are seeking full details from the British authorities of all aspects of the three fatal shootings, 8th March , 1988. The Government have made it clea occasions that the campaign of violence being conducted by the IRA is both morally wrong and politically futile. This campaign has been consistently rejected by the overwhelming majority of Irish people. It is driving the two communities in Northern Ireland even further apart and is making it immeasurably more difficult to achieve the peace, justice and reconciliation on this island to which all persons of good will are committed. The Provisional IRA has publicly accepted that the three people shot dead in Gibraltar on last Sunday were active members of that organisation and were present in Gibraltar in that. capacity. Their planned activity there, in so far as it can be anticipated, represents a frightening escalation of, and extension to, the situation in Northern Ireland. It 1s. •-'~n~~1tten i~,l~u.-~-l"·"~ v ery proper to point: out tath t h e act1v1t1es . . . of the security forces of any country must at all times be judged by the highest standards. wtt-i-tt ihe state has a right and duty ~deploy reasonab l e f orce in defending itself and its citizens, t_t is ~ e imperative that any circumstances in which its security forces have used extreme force, in particular leading to1} loss of life, must be clearly seen to have been justified in all the circumstances of the case. I shall be seeking furth~r information and clarification of the Gibraltar shooting through the Secretariat and~through it, shall be conveying the concern that exists about the circumstances of Sunday's shooting. 0493E The Government have made it clear on numerous occasions that the campaign of violence being conducted by the IRA is both morally wrong and politically futile. This campaign has been consistently rejected by the overwhelming majority of Irish people. It is driving the two communities in Northern Ireland even further apart and is making it immeasurably more difficult to achieve the peace, justice and reconciliation on this island to which all persons of good will are committed. The Provisional IRA has publicly acc~pted that the three people shot dead in Gibraltar on last Sunday were active members of that organisation and were present in Gibraltar in that. capacity. Their planned activity there, in so far as it can be anticipated, represents a frightening escalation of, and extension to, the situation in Northern Ireland. It is at the same time very right to point out that the activities of the security forces of any State have at all times to be judged by the highest standards. The State has of course a right and a duty to deploy reasonable force in defending itself and its citizens. But it is imperative that the recourse to extreme force, particularly leading to the loss of life, should only be used by security forces where this is necessary and unavoidable in all the circumstances of the case. I shall be seeking further information and clarification of the Gibraltar shooting through the Secretariat and, through it, shall be conveying the widespread concern that exists in Ireland about the circumstances of Sunday's shooting. 0493E XEROX TELECOPIER 295 ??-??-??;??:?? ??i 01 700620 + ; ,. 2 ~ Private N,tice Ouegtions ad~ressed to the Taol.eaeh by t>epuu ef. He rvyn 'J'eylc-:-, Be·rry Desr-~nd, Pet.ex- Jarry, 'J'omas tosac;:;iol le, Deainond J. 0 'Mal le:r end Tony CI'\90r)'. for answer on Tuesdey 8th kt:-ch 1988. · ' '! f. To &sk the Taoigeoch if, i ··n conne::-tion wi t.h t\,e killing of t.hree persons f.rom Northern Irelantt in Gibtal ttr last Sunday the ·GoverM~nt vould ma'k• an tmmedietv atatement conee~hing th~ extent, if" any, that the Irish Government bad bee~ con1ulted br , informed about development$ in thi! effair betot~ ~nd ef~er it8 occurrence. ' Mervyn Taylor, Bar.~y Desrri:nd. ! 2. To ask the 'J'eoiseach the s'.teps the Governmenti. ha~ · t.aken to establish the facts, including the btlekgr~t;ind and reasons for their presence there, eurrounbing ,:~e shooting of three Irish pe·ople in Gib:rel ter oh Sunt14y. 1 I Peter Barry. * 3. To &sk the Taoiseach if, iri view c! the ·serio~•· public coneern arising from the i,ncictent, he jtlll ma~e a stetement on the Government's reaction to the· circumstances of the &hooting dead of three Ir1Bh people by British security forces in Gibrelta~ on Sunday: if any representation& have been made to the British authorities on this matter; end if h' will make a atetemenl on the ~atter. Tomas MacGiolla. { . 4. To ask the Taoiseach if he· will make e etate~l~t oh · the events in Gibraltar on· Sunday la~t in viet' of the gr~ve public disquiet end the incorrect infort\~tion initially given on the incldente. Desmond J. O'Malley. ~ 5. To ask the Taoiseach if he will r8~egt that {~e British Goverrunent carry out e full enquiry i~to t~~ circumst.ences in which three JrJ.eh persons wete s.h~t dead by British Forces in Gibraltftr; the par(, if any, the Gardai had in the surveillence opere(ions; end if he will make e statement on the matter: Tony Gregory. 296 ??-??-??;??:?? ??; 01 700620 + ... - ' 3 ;,~ ; ,I REPL\'J As the Government have aaid in their 1tetement i11df~ ·at lunchtime, we condemn all forms of violence and r•d:6';'1\'l•e the nece•sity for •ecurity forces to teke all rea,d'na~1~ ffleesures to combat terrorism. However, we are ;ravely perturbed at the shootin; &ee·c, of three unarmed Irish peoplE? in c'ircumstance& whare lt appears / from reports thelt they could have been or-rested by• the· - eecu(ity forces involved. > t ' . I The GovernJnent are seeking full details from th@ 8t1tts'h authorities on all aspects ·of the shootings end I L•11l consider making a ... fuller statement to the House wh\h 'thH~ information is received. " ,;i I amine position to confirm that there was no Glr~a involve~ent in the affair. • i· .: . . ,; :; •} ii . i . ,· ; .. •.· ; f ·.. j . ! . ~ C/1~1 ~ 1f~ --..~ .:) Telefon } (011 780822 AN ROINN GNOTHAi EACHTRACHA Telephone Department of Foreign Affairs Telex 25300 BAILE ATHA CLIATH, 2. Tagairt } Dublin 2. Reference t 9 March, 1988. Mr. Dermot Nally, Secretary to the Government, Government Buildings, Merrion Street, Dublin 2. Dear Dermot, I am enclosing a copy of Andrew O'Rourke's report on his call to the Foreign Office yesterday on the Gibraltar shootings. In a discussion with the Ambassador . about his visit, he told me that the atmosphere was stiffer than usual. It was made clear to him that the British side were not prepared in any way to be defensive about the shootings. The people involved were known to be actively involved in subversive activities and there was a real and known threat of a major bombing taking place. There was also a stated reluctance on the part of the British to be cross-questioned about security issues. In effect, as you will see from the report, the British had nothing to add to the formal reply given by the Foreign Secretary in the House of Commons. Their approach on this occasion, I might add, was in marked contrast to the detailed responses we received to our series of questions following the Loughgall shooting. We might perhaps have a discussion on the various issues involved when you have had a chance to digest the enclosed. Yours sincerely, -< .. e...e-- ~ Dermot Gallagher, Assistant Secretary. cc: PSM PSS Mr. Mathews/Mr. Brosnan Mr. O'Donovan Telex 8 March, 1988 To: H .Q. From: London For: Gallagher From: Ambassador I I called on John Boyd (T. George was also present) this afternoon. I read to them the Government's statement and also the P.Q. 's. Boyd at the outset said he welcomed the first paragraph of the Government statement. However, he went on, it was important in commenting on events, not to put oneself on the wrong side of the argument. They were - and this was admitted by the PIRA - dealing with three proven terrorists on active service in Gibraltar. There was absolutely no doubt it was an operation designed to kill not only soldiers but also civilians. He could not do better than the Secretary of State's statement in describing the circumstances. I had prepared a piece of paper containing a number of questions which I said were suggested by the content of the P.Q.s and press · reports (see annex). I gave them copies. Having looked through these Boyd said that there were some questions which he could not answer. He had to refer me to the statement of yesterday and whatever replies the Prime Minister made to questions to-day. He could not give me any quotes for use in the Dail and any comments he made were for background. First of all, he said in reply to question 10 (i.e., what procedures would now be followed) that there would be, in accordrtce with the normal procedures, a coronors inquest in .'\ Gibraltar, with a jury. He could not say when. In the light of this, he could not say anything in reply to question 1 (i.e., details on individual shootings, e.g. sinile or multiple shots). I - 2 - He had nd information on 2 (i.e., have eyewitness accounts been investigated. On 3 (i.e., what challenge was made by the security forces) he had no direct quote, he could only refer me to what the Secretary of State had said. On 4 to 8 (i.e., movement made by three which suggested security force lives were in danger; basis for statement that they were about to make a terrorist attack; circumstances which gave rise to suspicion that car contained a bomb; and rapid technical examination of car) he said that Savage, a known PIRA me~ber, parked the car (with a view to blocking off a space) opposite the area where the parade takes place. There were alterations to the vehicle which are often indications of use as a car-bomb. As a result, the decision was taken to apprehend the three and their response to the challenge led to the shootings - as in Secretary of State's statement. On the question of whether they could not have been arrested, Boyd said that he would not want to try to second guess the security people on the spot who had had to make the judgement of what action to take. I commented that we were all aware of cases~for example the Eksund capture and another French operation where actJon directe terrorists had been captured alive - leading in each case to the acquisition of valuable intelligence: in this case, unfortunately the result was likely to be a propaganda victory (if also a defeat in other ways) for the PIRA. In reply Boyd said (again for our background information) that the position of the security forces on the ground must be appreciated: they knew they were dealing with dangerous terrorists: they had reason to believe they were armed and they had reason to suspect they may have been in a position to trigger off an atrocity. The suggestion here - though it was not said explicitly - was that there could have been a fear in the minds of the security people that one or other of the three may have had a triggering device which ' could have been used to detonate a bomb. I - 3 - t On question 11, (i.e. third car and explosives) I was told the search for the third car and explosives is continuing. Boyd said, in response to a request, that if there was anything further he could tell me, he would get in touch. P.NNEX ------ QUESTIONS .1. IS THERE ANYTHING FURTHER YOU CAN SAY bN EACH OF THE SHOTTINGS, E.G. WERE THEY KILLED BY SINGLE SHOTS OR OTHERWISE? 2. HAVE THE EYEWITNESS REPORTS OF SHOOTINGS WITHOUT WARNING, OR SHOOTINGS ON THE GROUND BEEN LOOKED INTO AND IS THERE ANY INFORMATION IN THIS REGARD? (SEE, FOR EXAMPLE, THE GUARDIAN OF 8 MARCH). 3. WHAT CHALLENGE WAS MADE BY THE SECURI~Y FORCES INVOLVED? 4. CAN ANYTHING FURTHER BE SAID ABOUT THE MOVEMENTS THEY MADE WHICH LED THE MILITARY PERSONNEL TO CONCLUDE LIVES WERE ENDANGERED? 5. APART FROM THE INFORMATION CONTAINED IN SIR GEOFFREY'S STATEMENT, IS THERE ANY FURTHER BASIS FOR THE STATEMENT n THAT THE THREE WERE ABOUT TO UNDERTP.KE A TERRORIST ATTACK? 6. IS _THERE ANY FURTHER BACKGROUND INFORMATION ABOUT THE THREE'~ PRESENCE IN GIBRALTAR? 7. CAN ANYTHING FURTHER BE SAID ABOUT THE CIRCUMSTANCES WHICH GAVE RISE TO SUSPICION THAT THE CAR CONTAINED A BOMB? 8. OR ABOUT THE RAPID TECHNICAL EXAMINATION OF THE CAR? 9. COULD THEY NOT HAVE BEEN ARRESTED? 10. WHAT P.RE THE PROCEDURES WHICH WILL NOW BE FOLLOWED? 11. IS THERE ANY RESULT IN THE SEARCH FOR THE THIRD CAR AND EXPLOSIVES? END END END I II I/ ' 6180 . END SENT ••• 18.55 cc: PSM Mr. Nally AG PSS Mr. Mathews/Mr. Brosnan Mr . O ' Dqi;1Q.Yan ____ 0354C ,;.·· TO HQ FROM BELFAST 9 MARCH 1988 I I II I FOR A/SEC. GALLAGHER FROM O HlJIGINN 1. I RAISED FUNERALS OF GIBRALTAR THREEE WITH BRITISH JOINT SECRETARY, POINTING TO THE LIKELIHOOD THAT REMAINS WOULD COME VIA DUBLIN, WITH OBVIOUS IMPLICATIONS FOR OUR POLICING ARRANGEMENTS ETC. I ASKED TO BE INFORMED AS SOON AS POSSIBLE ON CA) WHEN REMAINS WOULD BE RELEASED CB) TO WHOM THEY WOULD BE HANDED OVER AND CC) EARLIEST POSSIBLE INDICATIONS OF ALL ARRANGEMENTS, FLIGHT TIMETABLES, DEST IN AT IONS ET C • I PO IN TED ALSO TO THE L IKE L 1H OOD OF EMO T"I ON AL OR DIFFICULT SCENES WHEN THE REMAINS COME TO BELFAST AND THE NEED FOR HIGHLY SENSITIVE POLICE HANDLING OF THESE PARTICULAR CASES. HE PROMISED TO CHECK MATTERS AND COME BACK TO ME. I ' ENDS II I II {C - 03 5 7 C 9.3.8'.3 TO H Q FROM BELFAST II II I ARRANGEMENTS / REPATRIATION OF GIBRALTAR TH ~EE FOR O'DO~ FRO~ RYAN BRITISH SIDE HAVE NOW INFOR~ED U~ THAT THEY UNDERSTAND THAT A BROT~ER OF MAIREAD FARRELL AND ONE OTHER PERSON (PROBABLY A SINN FEIN ACTIViST) ARE GOING OUT TONIGHT FROM NORTHERN IRELAND TO GIBRALTAR. THE NI O HAVE 8 Et N IN TO U-C H DI R-E CT LY WITH THE G I BR ALT AR .AUTHOR IT Ia,E S ABOUT THE REPATRIATIO• OF THE BODIES. THE GIBRALTAR AUTHORITIES ~ BELIEVE THAT THE SPANISH AUTHORITIES WILL NOT ALLOW THE BODIES TO BE TAKEN INTO SPAIN FOR ONWARD TRAVEL TO IRELAND (THIS IS BECAUSE OF THE FACT THAT THE IRA ACTIVISTS HAO USED SPAIN TO PLAN THE BOMBING AND ALSO BECAUSE THE SPANISH AUTHORITIES BELIEVE THAT THE IRA UNIT CONNIVED WITH ETA IN RELATION TO THE OPERATION). IF THIS SHOULD HAPPEN, THE GIBRALTAR AUTHORITIES BELIEVE THAT IT IS ' LIKELY THAT THE BODIES WILL BE FLOWN FROM GIBRALTAR TO GATWICK TOMORROW. THE FLIGHT DEPARTURE TIME IS 3.45 P.M. IT SHOULD BE EMPHASISED THAT, AT PRESENT, ALL OF THIS IS IN THE REALM OF SPECULATJON. NO DECISIONS HAVE BEEN MADE YET. MY INTERLOCUTOR UNDERSTANDS THAT THE BODIES WOULD BE AVAILABLE TQ THE FAMILIES FOR REPATRIATION BY TOMORROW. IT SEEMS LIKELY THAT, IF THE BODIES ARE TAKEN TO LONDON GATWICK, THEY WOULD NOT THEN BE BROUGHT TO DUBLIN EN ROUTE TO BELFAST. ,,/HOWEVER, SINCE THERE WOULD BE OTHER LOCATIONS IN E U R O P E TO .' WH I C H TH E B O D I E S O U B E TA K E N F R O M G I B RA LT A R A N D F R O M WHICH DIRECT FLIG~{S TO _ N WOULD BE AVAILABLE, AT THIS STAGE IT CANNOT BE PREDIC~tD W) ~ · C~RTA~N~Y THAT THE BODIES WILL NOT ARRIVE IN DUBLIN. / I / FURTHER INFORMATI~ WILL BE CONVEYED AS 1T IS RECEIVED. II II I 2095 , ::., ,. :· - ...,": .,''., · J. p J' 7Z. ,::,-c-, Q .. • ( p~~ A,t... /1/ J.d-, p;1 /f,(. ~tt--/lt.l.. v? rV4 - ~ . d c;J,..._-,.-. to31r n 3 61 C f o I • ~ 10.3.38 TO HQ FR01VJ BELFAST ' ...... II I I I FOR ASST. SEC. D. GALLAGHER FROM O HUIGINN RE REMAINS OF GIBRALTAR THREE THE BRITISH SIDE HAVE INFOR~ED US THAT THEIR PRESENT INFORMATION FROM GIBRALTAR IS AS FOLLOWS: (1) AS OF NOW THE SPANISH AUTHORITIES ARE NOT PREPARED TO ALLOW THE REMAINS TO TRA~SIT THROUGH SPAIN. (2) BAGGAGE HANDLERS IN GATW[CK ARE ALSO APPARENTLY RELUCTANT TO HANDLE REMAINS. (3) IN THE LIGHT OF THIS, IT IS UNDERSTOOD THAT MESSRS FARRELL AND AUSTIN ARE AT PRESENT ENDEAVOURING TO HIRE A PRIVATE PLANE TO CONVEY REMAINS HOME. THE FEELING IN GIBRALTAR IS THAT THEY ARE UNLIKELY TO 9E ABLE ~0. COMPLETE SUCH ARRANGEMENTS BEFORE SATURDAY. I HAVE ASKED THE BRITISH SIDE TO KEEP US UPDATED ON DEVELOPMENTS. ENDS -+-+ I II I I -. -- .- N O T E 1. Adrian O'Neill from the Embassy in Madrid telephoned ,to say ,, that he had spoken to Terry Farrell, a brother of Mairead Farrell. Farrell, who was very reasonable, said he lived in Belfast, was married and was apolitical. He wanted to get the funeral over as quickly and as effectively as possible and to "avoid a circus and as much publicity as possible". At present, he was being besieged by the press in his hotel in La Linea (the town on the Spanish side of the Gibraltar frontier} 2. While accepting Farrell's good faith, he is probably somewhat naive as it seems clear . that Sinn Fein will take over the organisation of the funerals once they arrive in Ireland. Moreover, he is being accompanied in Spain by a / senior Sinn Fein figure, Joe Austin. 3. Farrell did not pursue his earlier request for Embassy assistance in having the remains allowed into Spain. In the circumstances, I told the Embassy not to make contact with the Spanish authorities at this stage. Farrell, in fact, said that the undertaker had advised that going through Spain was very complicated. 4. He asked O'Neill about the possibility of chartering a plane, which would suggest that this is not an easy option in Gibraltar. He also said that the undertaker had suggested a Tangiers/Amsterdam/Dublin route but he was doubtful if the Gibraltar/Tangiers plane could take three heavy lead-lined coffins. In addition, the attitude of the Moroccans could not be taken for granted. - 2 - 5. Most importantly from our point of view, Farrell said that there was no question of flying into Aldergrove. He ,argued that "every Union Jack in the country" would be around the airport and they would never get near the coffins. The most direct, logical route was the London/Dublin one. 5. He then specifically referred to \the BBC report about a possible handling problem at Gatwick. He mentioned in this regard a problem some years ago with the McDaid fune~al at Heathrow when he said that, due to the staff refusing to handle the coffin, Aer Lingus had to send in a special plane to fly the body back. We are checking this out at the moment. 6. Farrell finally mentioned that his brother Ciaran and his uncle Joe (the former T.D. for Louth) had an appointment with the Taoiseach at 9.00am tomorrow. He gave the Embassy the impression that they would ask the Taoiseach that, in the event the coffins were left stranded in Gatwick, could a plane be sent to take them back. The Embassy's view is that the families will not take any decision about the repatriation of the remains until after this meeting tomorrow morning. 7. I wonder if there would be any possibility of using the city airport in Belfast, rather than Aldergrove. This is s0mething we might perhaps tease out with the British. J;1~ Dermot Gallagher, 10 March, 1988. 'L, NOTE S E C R E T Gibraltar Shootings 1. The brother of Mairead/ Farrell, who (with Joe Austin of Sinn F,in) had travelled to Gibraltar to receive the remains, contacted the Embassy in Madrid this morning. He said that his understanding was 1 that, because Spain did not recognise Gibraltar and had no Consular representative there, it was not bureaucratically possible to hav6 the remains brought across the border into Spain. He asked for Embassy assistance in the matter. 2. It seems probable that Farrell wishes to have the remains put on Saturday's Malaga-Dublin (charter) flight. 3. The request to the Embassy might suggest that the family are having some difficulty in chartering a suitable plane in Gibraltar, an option which had been speculated in the press. If that is the case, and Spain (for bureaucratic or, even more likely, political reasons) is refusing to allow the remains enter her territory, the family will most likely have to fall back on Gatwick (which would be the normal route for repatriations from Gibraltar). 4. I would suggest that we instruct the Embassy to ring back Farrell and say that we were trying to check out the position. At the same time, they could try and discreetly ascertain the families' plans (including fall-back options if, as seems likely, the Spanish route is ruled out) for - 2 - the transfer back to Ireland. In checking out the position discreetly with the Spaniards, the Embassy should make it clear that we were merely seeking information and not making representations. ~~~ Dermot Gallagher, 10 March, 1988. cc: PSM Mr. Nally PSS Mr. Mathews/Mr. Brosnan Mr. O'Donovan .. CONFIDENTIAL Gibraltar Shootings The Embassy in Madrid has learned from the undertaker for the families that all the documentation is in order for repatriating the remains to Britain and Ireland. Howevex, the procedure for moving remains across the border into Spain is more complex. To do this, the formal approval of three Spanish authorities - Health, Customs and Police - is required. Normally, this is organised through ,an undertaker in the town (La Linea) on the Spanish side of the border. The undertaker had advised the family that this arrangement would take some time and, undoubtedly because of the likely delay, the family have not yet given him the go-ahead. In addition, the undertaker mentioned that an additional bureaucratic problem existed in these cases - only provisional death certificates existed, and the Spanish authorities require a full death certificate (which cannot be made available until after the inquest). It seems to me - and the Spanish papers are taking this line - that the Spaniards are somewhat embarrassed about their close co-operation with the British on this issue, given the circumstances of the shootings last Sunday. I suspect, therefore, that they will put every possible bureaucratic obstacle in the way of allowing the remains to be moved across the border into Spain. - 2 - The undertaker also mentioned that the family seemed concerned about the remains going through London and had mentioned ,that, in a previous analagous case at Gatwick, there had been a handling problem. This is an aspect which we could take up with the British, particularly if the remains were to go directly to Belfast. Dermot Gallagher, cc: PSM 10 Mar eh, 19 8 8 • PSS Mr. Nally Mr. Mathews/Mr. Brosnan Mr. O'Donovan CONFIDENTIAL GIBRALTAR FUNERALS The following were developments to 7.30 p.m. today. Meetings with Taoiseach The Taoiseach met former Deputy Joe Farrell and Mairead Farrell's brother, Ciaran Farrell, at 9.00 this morning. He convened a meeting at 10.00 at whi It appears that the family have already requested Aer Lingus to provide a private plane. The Taoiseach told them that if Aer Lingus agreed, ,he would agree to the bodies being flown to Dublin provided. he had ~-e'~n assurances "and a bit more than - - ' that" (i.e. from Sinn Fein) that there would be no military behaviour or paraphernalia. The Farr~lls immediately gave him ~., . that assurance ~n their own behalf. They mentioned that they would not wish to have military behaviour or paraphernalia on the Northern side of the border either. I - 2 - They had it in mind to bring the bodies into Dublin late at night. I I The Farrells felt that they could give assurances because of Mairead Farrell's seniority in the IRA and because the other families will take their lead from them. They felt that Adams and McGuinness would not be a problem. Mr. Dorr expressed scepticism that nothing would be tried on between Dublin I Airport and the border and Mr. Mathews expressed concern about the likely situation in Dundalk and the poss~ility tha~ Sinn Fein would want the bodies brought into Dublin (there has been some intelligence to this effect). I said that on the pattern of the Burns and Moley funerals l~st weekend, there might be arrangements, for example a stop at a Church along the way, to allow IRA people who could not attend the funeral in Belfast to pay respects. The Taoiseach saw no difficulty about that, again provided there was no military behaviour. The Taoiseach mentioned that Bernadette McAliskey had telephoned him last night to ask him to have somebody observe the route of the funeral procession in the North. The Taoiseach did not say what response he had given. I mentioned that Paddy McGrory had said to us that he wanted post-mortems done in order to prepare for the eventual inquest in Gibraltar ,which he expected to take place in May. An approach had peen mad~__J ...o--Dr. Harbinson to perform the postmortem. The Taoiseach made it clear that there could be no question of postmortems being done in the South and that Harbinson sh~uld be told not t~ agPee to do a post-mortem himself in the South or in the North. The family mention~d to the Taoiseach that an RUC inspector had told Ciaran Farrell that the RUC would be discreet along the route and in Belfast. I expressed some doubt about this in light of our experience of recent funerals and mentioned that I - 3 - feelings were very tense between the security forces and the population in Belfast. As an example I said that Brian Feeney had told us, perhaps very exaggeratedly, that the RUC had decided to have as many men on duty at the funerals as there would be mourners. Call from Embassy Madrid Mr. O'Neill called this morning. He said that there had been a spate of calls from journalists this morning;/ Joe Austin had _ been saying to them that the Embassy had been asked to intervene with the Spanish authorities to solve bureaucratic delays concerning the admission of the bodies to Spain. Mr. O'Neill said he had been saying to journalists, as instructe1, that the Embassy had no comment because this was a consular matter on which the Embassy will only deal with the family. I gave Mr. O'~eill a summary of the present position and told him he should continue to give no comment to the Press. He pointed # out that if the Embassy were to do anything with the Spanish authorities, instructions would be required fairly quickly in view of the approaching weekend. Later in the afternoon (4.10 p.m.) Mr. O'Neill told me Terry Farrell had not been in touch. Call from Mr. Kirwan, Taoiseach's Department Mr. Kirwan called before lunch to say that the Secretary of the Department of Communications had informed him (from Captain White in Aer.Lingus) that a chartered company called Anglo Airline had agreed _ to_:-_J..r..a-nsport the bodies form Gibraltar (to Dublin?) on Monday next. No timing was available. The British CAA had authorised the flight. Our aviation authorities had to be consulted~ The broker in L-0ndort dealing with the matter is a Mr. Keuts of International Sky Charter. I . - 4 - Call from Secretariat Mr. Hughes called from the Secretariat before lunch to say that I information had been provided by the other side that the remains would not be moved today and that the police had advised against the use of Belfast Harbour Airport because the funeral cortege would have to pass through East Belfast. (Note: There is also a problem wit~ this airport because it is the airport used by Shorts). British Briefing Mr. McDonagh has learned from a call from Richard Ford of the London Times that the British are saying that a request has been made to Aer Lingus to transport the bodies to Dublin and that the Spanish authorities · are awaiting clearance from the Irish authorities for a flight to Dublin. I told Mr. McDonagh to say that he had no information on the travel arrangements, that any request to Aer Lingus would be a matter for Aer Lingus to answer and that it is for the Spanish authorities to determine whether the bodies could be admitted to Spain if the families so requested. Call from Mr. Nally Mr. Nally rang after lunch to say that the family now appeared to be considering the 1205 IBERIA flight (706) from Malaga to Dublin on Saturday. Call from Mr. Brosnan The Gardai have it as definite that Anglo Air will be used and that the flight is scheduled to arrive in Dublin at 1605 on Monday. Mr Byrne later confirmed that D/Transport have told Justice that the flight is scheduled to leave Gibraltar at 1300 on Monday and arrive Dublin at 1605. - s - Calls from Embassy Madrid Mr. O'Neill rang at 4.35. Terry Farrell had been in touch with him. At 3.00 p.m. Gibraltar time today, the undertaker had been very hopeful of getting the bodies onto tomorrow 1 s IBERIA flight from Malaga. It was now clear however that this was impossible. He appealed to the Government for help·to obtain a charter. He said Aer Lingus, Ryan Air and GTA had turned down ' requests. Having consulted Mr Gallagher, I asked Mr. O'Neill to ring Terry Farrell and tell him we had he~d Anglo A.ir would airlift the bodies to Dublin on Monday arriving 1605. Mr 0 Neill called back to say that Farrell had heard of the Anglo Air arrangement but thought the flight was due to take place on Saturday. He expressed worry that baggage handlers at Gibraltar would refuse to load the bodies. I asked Mr O Neill to say tha~ we would try to -help through the British and that our firm information was that the fligh~ would be on Monday. - Mr O Neill called back to say that Mr Farrell had expressed - # appreciation. Calls from Mr McMahon Mr McMahon rang to say PJ McGrory expected to see Adams at about 6.30 pm in regard to conduct of the funeral through this jurisdiction. Mr McMahon expects to see Mr McGrory later tonight. He said his impression from Mr McGrory· was that the McCann family would be tough to deal with. The Savage parents appeared apolitical, but McGrory said Mrs Savage is a sister of Bill McKee. .' The Cardinal and Fr Murray ... Mr Gallagher saw the Cardinal this morning and set out the Taoiseach's position. The Cardinal asked Fr Murray (who will celebrate the requiem mass) to join them. Fr Murray will make enquiries. I - 6 - Contacts with Secretariat and British Embassy I asked Mr Hughes and later Mr Holt at the British Embassy to seek the help of the authorities in Gibraltar in the event that there was a baggage handling problem. Mr Holt rang at 6.30 pm to give an affirmative reply. Conversation with Bishop Cahal Daly ,) I briefed Bishop Daly. He is due to attend the Hierarchy's meeting in Maynooth early next week but said he may return to Belfast for the funerals. He has spoken to the families and believes it is their sincere wish that the funerals should be dignified and without any paramilitary displays. The Bishop noted that Sinn Fein, however, might, simply take over. He wondered what the RUC might regard as a paramilitary display (NB gloves and beret were permitted in the Armagh funerals last ~ weekend.) The Farrell funeral will leave the home in Shaw's Rd Lenadoon. The other funerals will leave from St Paul's and from Holy Trinity. The Bishop gave the following names and numbers in case of need: Lenadoon (Fr Mccorry 615641 - Fr R. Murray will celebrate the requiem mass); St Paul's (Monsignor Dallat 225034); Holy Trinity in Turf Lodge (Fr Aidan Denny 620168). Declan O'Donovan, (( Ma~ch 19~8. ., c.c. PSS Mr. Gallagher Section Newspaper artlcl.e'(s J/cutting(s) .. ha,ve no.t been copied·' Confidential Assistant Sec. Gallagher Gibraltar inquest At a meeting in his office this afternoon, the Taoiseach passed to me the attached memo from the Attorney General proposing contact with the Spanish authorities about the monitoring of the movements of the three who were killed. He asked me for my views. Mr. Nally was also present (and we were subsequently joined by the Attorney General himself). I said that I thought that these were somewhat treacherous waters and that the British would no doubt be put out if they knew what we were doing but that nevertheless on balance I thought it could be desirable for us to follow up on the Attorney's idea. The Taoiseach then annotated the memo directing me to do so. Could you please follow up on the matter (presumably through the Ambassador in Madrid) in a suitably confidential (and urgent) way ? It seems to me personally that option (b) in the AG's memo would be most likely to succeed but even if neither option is feasible, he sees advantage in our having the information as background as indicated in his penultimate par. (and confirmed by him in conversation). ND Secretary 26 September 1988 Telef6n } /~'..\ Telephone (01) 780822 AN ROINN GNOTHAr EACHTRACHA Department of Foreign Affairs Seo/ aon fhreagra chun: (Address any reply to:-) BAILE ATHA CLIATH, 2. D,bLLo 2. AN RUNAi c:b (The Secretary) faoin uimhir seo:- (quoting:-) 27 September, 1988. S E C R E T / H.E. Gearoid O Cleirigh, Ambassador, Madrid. Dear Ambassador, I am enclosing, for background information only, copy of a memorandum from the Attorney-General to the Taoiseach, in which it is proposed that contact be made with the Spanish authorities about Spanish monitoring of the movement of the three Irish people shot dead by the SAS in Gibraltar. The Taoiseach has annotated the memo directing that the Department proceed as suggested by the Attorney. We would appreciate it if you would arrange an immediate meeting with the Spanish side at the most senior appropriate level. You might say to the Spanish, as background, that they will be aware that we have been following· the inquest very closely and that the Government, through their official observer, are kept informed of developments on a daily basis. As a result, we are aware that an important issue which has now arisen is whether the Spanish authorities had detected and monitored the movements of the three persons up to the point where they crossed the border with Gibraltar and, if so, if they kept the British authorities fully informed at all times. If the answer to the above confirms that monitoring took place and was passed on, you might ask the Spanish side if they intend conveying this, directly or indirectly, to the inquest, given in particular its apparently very considerable significance to the inquest1 s responsibility to ascertain all the facts of the case. You might in conversation, and without advocating such an approach, make the point that an official statement, setting the record straight, could be issued in a manner which would not have implications for the Spanish position on the status of Gibraltar. l - 2 - Brendan McMahon, who is travelling with this, will be in a position to respond to any questions which you may have and which are not covered in the above. Yours sincerely, ,_.,, j, .--::::> -? < ...e~ ------~ ., ~.9D- ,~--·~ir·-.-....._; fuiFSSA- ...... :~~6<.. i GE"' fMsvJEOHP[rE Ui1GENT wt) \D r COi\JFID"=~tt~ ~t; rfii ·I O O l) };) ..J , . ATE ...... ;,· ,~.>0 ,,. TIME ...... ,; TO: HQ FRO~: BELFAST f 4 OCTOBER 1988 .. .. .' :~... - ~ ~ :_ ...... ·... f -· ·~ . .- . - ' I I I II FOR: SECREL'\RY F R0'."1: 0 HU IG OJN ( ).e~ ) IN THE COURSE OF MY CALL ON THE SECRETARY OF STATE TODAY I TOOK ADVANTAGE OF A REFERENCE TO GI~R,LTER TO MENTION THAT THE TAOISEACH 1,,) 0 lJ L D p RO RA R Ly F EEL IT ~I EC Es s Ari. y TO Is s !J E A s T /1. TE ME rn 11 / H ~ ".J HE 1-iA I) STUDIED THEIR REPORT OF THE OFFICIAL 08SERVER. HIS INTENTION WAS TO 1 DO IT IN A UHJ KEY Ml D HELP F UL \,JAY lHI IC H ~ 0 \J Lf) RE C0 G N 1 SE THE EXCELLENT CONDUCT OF THE INQUEST BUT AT THE SAME TIME POINT TO (IMITS · INHERENT IN THE INQUEST FORMAT ITSELF WHfCH MEANT THAT CERTAIN QUESTIONS REMAIN UNANSWERED. IT WAS LIKELY THAT THE STATEMENT ~OULD ENDORSE OR ECHO THE SUGGESTION WHICH HAD BEEN MADE BOTH BY THE LABOUR PARTY AND BY OPPOSITION PARTIES IN IRELAND FOR A JUDICIAL ENQUIRY. :~ :' • l ESTABLISH HIS ATTITUDE AND, INCIDENTLY, TO HEAD OFF SUCH EXPECTATIONS. HE COULD NOT ALTOGETHER IGNORE THE CALLS MADE. BY OPPOSITION SPOKESMEN FOR A JUDICIAL ENQUIRY~ HIS STATEMENT, IF OR WHEN IT APPEARED, SHOULD NOT BE SEEN, AS MR. KING SEEMED TO FEAR, AS THE BEGINNING OF ANY HIGH PROFILE CAMPAIGN ON THIS ISSUE. HE WOULD WISH ·n TO BE SEEN AS A LOl,J KEY RESPONSE TO THE POLITICAL SITUATION AND IT WAS FOR THAT REASON THAT I HAD MEN~IONED IT TO THE SECRETARY OF STATE. MR~ KING'S GENERAL ATTITUDE WAS TO ADVISE US IN A FRIENDLY WAY TO BE VERY WARY OF THE ISSUE WHICH WAS EXTREMELY SENSITIVE IN BRITISH POLITICAL TERMS ~ND WHERE THERE WAS A DANGER THAT THE WRONG KIND OF STATEMENT COULD BE INTERPRETED ~y UNINFORMED ELEMENTS IN THE BRITISH MEDIA OR PUBLIC AS REFLECTING A SYMPATHY FOR PEOPLE UNDOUBTEDLY ENGAGED IN TERRORISM. ENDS I II II 3830 II II I ------··------·-·----- ~c.. I's ·1~-etc:h - PS 1t:[~1-t2. Ps lllf~~ ~1 '"''· 14. rwu-'1-..( ~.!11 ~f-.Ja""fh'~ 11/xc ~~~-J ,,f LO · confidential Gibraltar inquest - text of statement by Spanish police officer The British Ambassador, Nicholas Fenn, came to see me this afternoon at his request. He said he had been instructed to leave with me the attached translation of a statement by a Spanish police officer (name withheld), accompanied by a statement by Valladolid, the official,spokesman of the Spanish Ministry of State Security. Fenn said that the statements had been made available to.the British authorities but it had not been possible to produce them at the inquest since the police officer concerned would not be permitted to testify because of the Spanish Government's wish not to appear to give recognition to British control of Gibraltar. In discussion of the statements, Fen~ agreed that the main point of the police officer's statement was that it showed that the Spanish Police, in shadowing the three people who were killed had lost them at a crucial point; and it was therefore not the case, despite allegations in the press, that the three had been shadowed up to the point where they crossed into Gibraltar so that they could have been apprehended by the Gibraltar Police. Fenn said that allegations to the contrary in the Irish papers such as the Sunday Tribune which appeared to indicate that the British were lying on this point were "hurtful"; and they wanted us to be aware in confidence of the truth. In discussion of the statement by Valladolid which accompanies the police officer's statement, Fenn agreed that the point of it appeared to be to emphasise that the briefing of an American journalist (apparently by Valladolid himself), which had been widely reported, had referred to the general activities of the Spanish Police and did not support the allegation that the three dead people had been tracked all the way to the frontier. In further discussion I said that I thought many people saw a problem about reconciling the behaviour of the SAS who shot the three in the apparent belief that they could set off a bomb at any minute with the rather nonchalant attitude in relation to clearing people away from the area around the supposed bomb itself. Fenn acknowledged this point but he said that, having seen the same intelligence himself as was available to the SAS, he could confirm that they did believe that there was a bomb which could be detonated. As to the behaviour of the Gibraltar Police in relation to the suspect car, he said that part of the problem was that a very limited number of people knew about the whole affair. / - 2 - I told him that the Taoiseach would probably feel ·it necessary to issue a statement on the inquest in due course when he had studied the report of the official observer of the Irish Government, Donagh McDonagh. I said I thought that the statement would acknowledge the fairness and merit of the inquest itself and of the Coroner but that it would probably go on to point to the limitations inherent in the inquest procedure as a way of getting at the truth in such a ,case. The statement would, therefore, probably call for a public inquiry. I explained as background that there was considerable political pressure on this issue and that calls have been made by the relatives to have the case taken to Strasbourg. In these circumstances the Taoiseach felt it necessary to issue a statement on the lines I have mentioned. I said that I hoped it would be possible to let the British side have a copy of the text in advance. Fenn thanked me for this information 'and said he would have three comments: ( i) a specific call for an inquiry would be "unlikely to prosper"; (ii) a decision by the Government here to intervene in promoting the taking of a case to Strasbourg would not be well received in London; (iii) any judgement on the verdict of the inquest would be "hurtful". Fenn said that one thing that could certainly be said about the inquest was that there had been no cover-up. He doubted if many other countries would allow their security forces to testify in quite the way in which they had allowed the SAS to testify in Gibraltar. In reply to his three points I said that I thought the question of action by the Government to take a case to Strasbourg would not arise and, as I had explained to him, there would be recognition of the fairness of the Coroner and the inquest as well as a point which would have to be made that the inquest procedure was not best suited to getting at the truth in such a case. ND~ Secretary })ff\.. 4 October 1988 ./ / TEXT OF TRANSLATION OF STATEMENT BY SPANISH POLICE OFFICER cc.l4~'M) "My name is "Officer X" and I am Inspector J efe of the Cuerro Nacional de Policia. I am the Officer in Charge of "Unit Y" of Malaga and as such was party to information as from "Period Z~(before 4 March 1988) to the possible presence in Spain of members of an Active Service Unit of the terrorist organisation PIRA, with the intention of committing an attack against British interests in the Costa Del Sol. That in Period Z of this present year the British Police sent to this Unit Y photographs of the possible members of the Active Service Unit previously mentioned, borresponding to the following three Irish nationals, Daniel Mccann·, who could be using documents in the name of McArdle, Sean Savage and Mairead Farrell. That due to the above mentioned there was mounted a Special Control point at the International Airport at Malaga which results in the sightings of two individualsproceeding from flight IB 657 from Paris whose physical characteristics coincide with those of the previously mentioned, and which without any shadow of doubt are identified as Daniel Mccann, who was carrying a a~all suitcase and a dark blue travel bag makers "Puma!', and Sean Savage who carried a black nylon travel bag. The two mentioned individuals quickly make their way to one of the toilets within the terminal of the International Airport at Malaga where they remain for a short while. Almost immediately they made their way to a branch of Banco Exterior de Espana at the amorementioned airport where whilst one exchanged foreign currency, the other remained as if looking around in a vigilant manner. At that precise moment they made contact with a woman, who was identified as the other member of the Active Service Unit, Ma""liread Farrell. Both men then leave the terminal and board a taxi. the following of which was not possible, whilst the woman is lost from sight inside the building due to the amount of people there at the time. Consequently enquiries are carried out and the taxi driver is found who then informed the fact that he had taken both individuals to the Hotel Florida in Fuengirola after being asked so to do by one of them, possibly Daniel Mccann who had written the address of the said hotel on a piece of paper which he had been shown, leaving them both by the entrance to the hotel. Subsequently enquiries at the hotel reveal that the indivi duals were not guests at the hotel neither had they been seen in the interior of the hotel. As of that moment during the 5th and 6th March there was a search conducted for the individuals concerned all along the Costa Del Sol with negative results. Superiors were inforlmed of all the above mentioned and they in turn advised the Brilish ancl Gibraltar Police ...... 11 SIGNED STATEMENT BY SENOR VALLADOLID, OFFICIAL SPOKESMAN OF TPE SPANISH MINISTRY OF STATE SECURITY ( 1) En re lac ion con los hechos aeaecidos en Gibral ta·r en el pasdao mes de Marzo, me remito exlusivamente alas declaraciones juradas de los · funcionarios q-ue intervinier0n d±rectamente en estos y espec;tf;tcamente a la decbracion prestada por [name] . (21 Cual,quier ot'.ro cornentar±o no peude ref erirse unicamente a hechos concretos stno temb:ien a tecnicas utilzadas con caracter general por los cuerpos de seguridad Espanoles. TRAN~L,A,TXO:t'{ ( 1) W'ith rega·rd to the events which took place in Gibraltar last ' Uarcn., the only valid accounts are the sworn statements made by the public servants wh.o took part directly in them and specifically the statement made by [name of Special Branch officer from 'Malaga]. (21 Any other observat;i::ons refer not just to specific events, but to techniques of a general nature used by the Spanish security forces. / BRITISH EMBASSY, DUBLIN. / 6 :ctober 1988 Mr Noel Dorr t'· p s i~{-.sL, Secretary /J$' /'lh'v-r-r, q~J Department of Foreign Affairs Dublin 4 ~'( 1 ------ GIBRALTAR INQUEST You were good enough to receive me on 4 October so that I could give you in confidence the two Spanish documents which make clear that the three terrorists were not under surveillance in Spain on 6 Marchi and that the British authorities did not therefore have the option to arrest them at the frontier. From our conversation and from other contacts with Irish officials I have the impression that further comment from me on four questions might be helpful. THE LIMITATIONS OF A CORONER'S COURT This was no ordinary inquest. Subject only to the constraints of national securit~ a comprehensive disclosure of the facts of the case was made to the Court. Some 68 witnesses gave evidence, including members of the Security Forces and of the Security Service. The inquest was given an account of the in telligence background, including a frank admission of the points on which the intelligence assessment proved incorrect. The British authorities went to great lengths to ensure the maximum possible disclosure. The same security constraints would apply in the case of a public enquiry and there is no reason to be lieve that such an enquiry would have any additional information available to it. THE DELAY IN CLEARING THE SQUARE Action to clear the vicinity of the suspected bomb was put into operation 20-25 minutes after the car was assessed as suspect. During this time a complex judgement had to be made. As was explained to the inquest by Inspector Colombo, it was feared that the major disruption caused by early evacuation would alert the terrorists, and thus provoke the very detonation which we sought to avoid. THE DISCOURAGEMENT OF AN OPEN VERDICT A clearcut verdict is always more satisfactory than an open verdict which leaves doubts. Coroner Pi7.7.nrP.11n wns actin0 entirely/ with precedent entirely in accordance/when he steered the jury away from an open verdict, having been convinced by the legal argu ments produced by Crown Counsel that an open verdict would be inappropriate, given the comprehensive nature of the evidence presented at the inquest. However, when the jury reported that they were deadlocked the Coroner reminded them that an open verdict was a possible option. THE DECISION TO USE THE SAS The Gibraltar Police did not fee! competent to mount the operation unaided and therefore requested assistance. The SAS are the unit generally used when military aid to the civil power is requested for counter-terrorist operations. As was made clear at the inquest, they have considerable ex perience of arrests, with an over all ratio of 75% arrests to 25% kills in such confrontations. The SAS was therefore most likely to achieve the intended arrests. The local infan try battalion had no counter-ter_rorist expertise and would have been inappropriate for this rtask. I hope that these points may be h~lpful to your Ministers. I am sending a copy of this letter to Dermot Nally. NM Fenn • I I 1 G- p~ "i / , .,. ' • • f.L NA-ll.. ; p s l / N.. ('t~ U-1.w-t Iµ_ If~"' ~' SECRET (!1 ~~ A-I ~. I met with Paddy McGrory yesterday (13th) in Belfast. He was to meet with families that evening to seek instructions as to how he should now proceed. He sees a number of options: To seek a judicial review of the Inquest based on a number of factors, particularly the Coroner's final statement to the Jury which effectively excluded the possibility of an open verdict.,McGrory had never expected to obtain a verdict of unlawful killing from a Gibraltar Jury and had always felt that the best r~sult which could have been hoped for would have been an open verdict. (He mentioned that the Jury had originally split 6/5. It had been reduced to 7/4 by 7pm and finally to 9/2 at 7. 15pm. In tpat circumstance an open verdict would have been a real possibility had it been offered to the Jury by the Coroner.) However, he did not see this avenue as a realistic option as it would have to be fought by both sides all the way -viz-a further case in Gibraltar, then the Gibraltar Appeal Court and probably in the end the Privy Council. A conservative estimate of the costs would be in the region of at · least 100,000 pounds. No legal aid would be available and the families were not in a position to carry this burden and he doubted whether Sinn Fein would be prepared to foot a bill this size. To take a Civil Action in the Northern Ireland Courts . This would be the course he would favour. In a civil action he pointed out that the Northern Ireland Courts would not be bound by the Gibraltar verdict and he would be able to make quite a number of discovery motions which would probe the situation behind the killings. In addition, legal aid would be available and by going this road, they would be exhausting all domestic legal remedies - a factor which would strengthen their hand in taking the case subsequently to Strasbourg. He expects that the British Government will not let the case get to court and will try to settle by paying sufficient damages. To take the case to the Court of Human Rights in Strasbourg. McGrory sees this as a logical step, probably after the conclusion of the civil proceedings outlined above. Certainly the families are very anxious that this step be taken and Niall Farrell in particular is very anxious to take this road as soon as possible. He understands that the families will be writing to the Taoiseach urging the Government to take I the case to Strasbourg. McGrory therefore wished to formally request that the Irish Government take the /J case to Strasbourg and I undertook to relay this request. McGrory confessed that he himself "would be agreeably surprised" if the Go~ernrnent were to accede to the request. He reported that one way or the other, Farrell is determined to pursue the Strasbourg route despite the fact that only very limited legal aid is available for Strasbourg actions. McGrory mentioned that the Taoiseach had expressed an interest in meeting with him after the conclusion of the case. McGrory wondered whether a meeting could be arranged either with the Taoiseach or the Tanaiste to discuss in particular the question of the Government taking the case to Strasbourg. I undertook to convey this request. Brendan McMahon, Angl/Irish Division 14th October, 1988 cc A/Sec Gallagher Mr. 0' Donovan fO"l,OUO ; ~ 0 -- - . . - .. . ,. 012456961~ 754505;~ 5 SEN! BV :· I R I =iH EMBA5S'r' ; 2- 6-89 3:24PM; .VlN McNAMARA M.P. TEL No.01 219 3398 02,06,89 14:34 P.05 . . , ., Ext:racts from -.Luis Corcuer 1. 11 Britiah judicial a\tthorit.i•• req-uested, in a 'com:riis•ion rogatoire' that• Spanish police otfic•r maKe a wtatem•nt, 1.rhis waa don• and it wasa duly rn•d• before • jud;e in Mala;a. Thie is the way it 1hould alwaya bo done. "tater, he waa sumrnone4 by a Gihraltar judge and he did not go, He did not go ~ecau•• he had no obligation to go, beca~se that ia not the proper way to •••k tea~imony from a Spanish citiEen. That ic wh&t he should havo dona. He ~id what he had to do, and 1! the •am• thing happened a;a1n - ahd I hope it do•• not happen ag•in - undoubtedly ther• woulc! 1'a the aame reaction." l '•l 2. "Why Oidn't a Spanish employ••· of the a&ni.niatratlon I heed the call ot the jud;e? Because h• did not have to ! ' go, and because you shoul4 agree with this for I would find it ineomprebenaible if you were not in agreement. ''Relations between aoverai;n countriGs are conducted. in the manner in which the fi:rst statement w•• made.n :;;f. I .. • 5 . ~. I • I :3Er·ff f:'y': I R: I SH EME:A5SV ; 2- 6-89 3:24PM; 012456961"7 754512'.!S;** 6 JIN McNAMARA M.P. TEL N~.01 219 3~9S 02,06,89 14:34 P.06 ~~tract from the ra tar. DCI Correa: It waa arrang•d previously with this ;cntlem•n to obtain a 1tatem•nt off him or rather fer a statement to be taken off him by• judge which 1, normal cu•tom, John Laws: In Spain. DCI Coi:-rea: Yes. ? appear• that the j~d;e w•• not availa})le at the time, •o the only other I su;9eatian .I could make to this officar ·was I that I would take the •tatement off him in our ! . I own form and that waa a;reed. I 'I l,, :I I I I j I I I t l I 1131 839 2417 P.02 STATJ'!N.EN'r OF" WITUESS (CP ORD SEC 71) FOREN~S 'roMA.S JUAN SUJiU@,ME .. BAlD VJJ,:r,uztm:t,A . AGS: 011' WI'X'NES S ( IF OVER 21 ENTER '' OVER 21 u ) -.iiM..t1A.i.iYO...,Ra...... Dwe~;a.1...:2._j1~&5.QMOa8.a:e-~------ OCCUPATI0N. 111SPmqroa-JE@ 12;:.xt arnrvo HACIQ?Ml, n.iq POJcIQIA ADDRSSS ....-...... :oO~N~I~s~A,R~l~A""""'D~~~fuQ~L~I~Q~I~A-C~TBW,6,ll~~Y·~~s~I~l.....,PI~NTOU,,ti,)i~R-l~~orw.lUA~L~~~st...W,s~LN~)~.------~----- IOEm'XTY CAlW l~O ------.------DATE LEAVING GIBruUo,TAA ------DATE JtE'l'tmNit~------Thi~ s·~aten1 t>ated the OQW day of AGOSTO Sii;ned l4I NOMBtf~ F:S TiDWAS J'Ji4N RAYO YAJ.il;&ZJ!WI,A, soy ln,wsc:tor-Jofft del Cl>UPP Ifac'-oPAl - Ae RoH ela, Jef• daJ Grupo XII d1 J.s Britadai Provingial, dt de M4,lega.- - !nformg.cion . . .~ como ~ofe del e,:12po ;t;an:ta oonoc:im:tentp, dt,ede pd,noipio.s dol an,o 3,988, de la . p,sfJ.~~ pre;'i':::>ca..a az::i Ecpaiia de rnierobros de uo ocvnaudo :t,errori sta de Ja. orgaoi zrr=·· · ····· _. I ••• & ' o - I .ci.on t•rror:Jste PIBA, ooo l, in:t.&no;on de aten:tar oontra ~nt=res.es w:1t6.niooa on. Qnt en los priro«r:Ae d.1a1 rlil mes de k1C!tzo 411 preaentt &32, loo peryicip11 poli@r!, ~•a b.ritctnic-t>;: rerniten e est.a 'Bri;ede EncviccjaJ de Xnfo:nnoo1on fotac;rat1as cte lps Qw, ante lo anterior, en manta un empeciel d3epoa1U-xo• 4t control en 91 ,\erapperto· tat•=Mloz:ial de MSJaga, qne do. Qomo resnltado qO• 1obre l as 20"5{) bnru, d-ol ,Ua. » . cuat~o d,e uzo de 1,9~VJ, ea obsenada. la entrada.1 :erooedent<&a d.e Puitt an el - waJ.n_ IB-6S7, de dos ;~i:v;dnoa qua rospondan a la, o@acitu:i1tiA10 tisioas c!:e los . ii. • . to.a o:St~dos, y qua ain nSn&Pzn r4nex:o da dmiDs rum ident1fine.d,o.e. oomo pm,mL MoOA.NN, . .. ..• ' .. ·, I f/;.,,' :,, ,, k.. t /( ~ ,; ' ·" /1~" i ~ . . ",. :,:.._ ;,.· '. ':~t.:f; . . . . '!f.''' ·' ... ,• • . (9 .,. .. , 1 ...... · ;~-~~~n .·.... ]X)S • • • • • • • • • • • • • • • • • • • CASE HUMBER ••••••••••••••••••••••••••••••• 'roMAS JUAH ItA'XO V_j.t,:,!;NZUli:LA..- CONT:tHUA'l'lOl,f O:tr STATl::MENT Olt •••••••••• I ••••••••••••••• · - ...... - - ~ SW 6AYA lo-s ~itad.oa ;:e diriSQD :,pi.d=ez:ite a uno cl.a lga •r:uf cicn1 aa::ai:hPie>• d,q la :tal"i;a~c,J. • Intel'nac::1Q~~l d.el Aerop•_,~o d.e I-11lasg, don~e pe;r,mei:iooe:i. tomQ1, ~:Ds~a~e •• :.Q.9ie e•e'Mg,o, se enc-an,inllI'AA .A la suc~sal 4ftl.Baiiloo E,xteriot de _Esm5a d1 di oho Ae~puo:t~o, clnlldA - ·- miN:ltr:,.s nno da elloa. 03.!Dbimbn d:bdsaa •strao~are,- ' •in eonc:cetorae1a oantidQd e:ao- tap tl otro pennaneoia s,n ao.llil!lliicg.=.il:.:M,=:.:...:t.,e...,,-______ ' ~ fS9 mismo momet>:tO oontac,,taron COil ,ma_mujer, f&\19 fµ~ id.entif';.SW,i, comp l_a otr3 - \ -· . A con:t1m,ao$on Jo-n dos bnm'br:ia -saJen do Ja :tai:min•J 7, ciben a SJn taxi, •in que fuesa - · ~ol!:ibl a. au ;egn:)m.1 eotc, mi emri"", quB Ja Wl~Ar SIB p~e=le 8n tl interior "•l ,'1i £; c:i I) = Po;;tm:;iormente, e9 ~alizan _11estion,s x ft! locali,r,1 a,1 bsi1ta , gui•n manife:,t& · wi~ habta 110,,ado a las dp3 ind,ll;i,d,uQs oi;tidoa Al Ho:ta,1 El,or;Lc},a 4" EJ1Pfli1rol n, a po:1i1 cicn pap•l, cla~~nd.olee •n l.a p~a. del g,~eei=iicua:to a9:te.cie, I.as e••••eMe pe•'teFiiePes ea d..bae l,e-.Ql pei.c a IA~itieeit; 1,v; 4.iihe,s iaa4i•i"'9e ne e• aelti.aa lt.ee,:,e&aie eR: al I • • .. • aco ni h ab2 an 11~ do vi stos en ,,, :5. nterim:.- . rast,:eo pDr toda. 1 a Ccu:rt;a dtl Sol, •in q11e tuesen ] onali r--?doa J 01 1 ndi1d dnov de :ete- r1nqiaA-», todo lo wttrioi' se di6 cwm;ta, a la Sypo;-igrid.a4, lrut aerv1 c1os palioizt,lts hri t.i.mca.s _y...d.Aa....110""ii...ilxr..... a""'1 ... 1;•• ...... x: -!::.______• Qua sobrt las 17 horns d.eL41A 6 de tmzo 4i 1,988, oJ pueuo dt Pol 1c1a 7 Oontrol de • La X«i oea de ia Qone§po1an, X:Q cibe Wli J iarnad.A :t;elef'6ni oa de , a PoJ ;t cia ao Gib:ultm:,. · eomuo:f caodo qne 11 on un ti;rDteo px:od11c; ,fo JJabra la& 15 "')O bn:eas, babiran ro,i,, tad.o :tz:as . \', nner:!.rts, sopeoo:mdl'.lsfl cpm f:nex:ao t · ·rrori atas 7 '1'>4 ,,m la l,i :oipa de la ennoepcton peodfia . t . •d:or eparna do nn 1rc4 ieul o mar oa ll'ord, rnod.elo iie iat~, m11:.tricul a . W..-9317 lrF, po oibl.oiri,2n . . \ . f/ . .... ( . --.; ...... ------·- · -- ..... -·-- ' -- __ ..... ,- - ·· .. - • .~ ·1•i~.. ~-...... ms~ ...... CASE: NUMBER ••• , • • • •• • • • • • • • • • • • • • • • • • • • • • • COl~TINUATION OF S'l'ATl!:l-1EN'l" ,OF .'l10MAS .JUAM lU"tQ ."l~liZUISI.iA, • ., • • •••• • • , , •• • • , • • • • , • ; • ••• ~ w 12a pr;imex'c1.1, boras dtl s\b, 7 d.e M@tzo, la Oomip.r1~ cle Po);S.oin de La-u:nea~ la r.onoepeion iPforma a ea:t• Ot@Q llI, d.e pue eh 11 vehicul9 refei;:noiado rueron f}Dr- contredns, eotre otras ooaa.s noa. J la;ste,, oon un j;roto de pJ.afdiiQo tran~arents,, a fflQ:- _ do cle lla:itet:e, en el cp.ia. .a&-podi'.a lJ oe.runa E mai.~1aenl a:r i cteueando gasManea.-por w- - p&MP ft'IM lee ~a:i•• ~•PPe.-~a:tae RI\Wl'~os •1 4.ia iwte:r:iQI' pod.ip ee:tar AOgpG'111~ e~ ~ if'eothamente funcionarioca d.el eervioio d.a lll.f'ormaoion, tra.s rastrear dist:5.nto, ho- - - "t•ies d• la Costa, 1e perco~on an ol hottl Esca.ndinavia. 1 sito en l1orremolinoa, - - - A:v,en1da de Palmp. d~ lrle.11oroa 49, y tras so;:le rnoqttid,a la 11,vo a cm JJropieto.rio d.011 - ~aroente al• h3bi:teeion n~roero 14, cowo ~eflejabe eJ t~ozo de )Jaxero.- ):>n;:.7,1lt1do aJ Ieibrorrea:fstro de poJ:Scia de dicbo estahlecimiento hotelero, conataho . . Jen subd.ito:s irlanaeQ•a, n:,.ienea bii\?ian .. presentad.o., docwnentaoion a nombre de !U'lDAll ' ::o:rnE ¥ )i'o .. A2DIE·- Tea• mnonl tar , Jo r.oroi sn;cfa d• t'oU o1a de Tia J,inea •:f , oa faJJ,! ?i.MI tn QJ.brlatv: podrian 1et loe regifrtrt.d.os en dieha habitacion,' :t al recibir \Ula .ihapu•::sto af:t.rmativa, ag.eroas d.o g,ue eatn Bl;'igada sra conqpia Qllt DANIEL MP CAlilf uthi ien· 4°cwnonta.cian raisa a AQmbre de Me.. ARDLE, no prQ.pedid a Ja 1ntreda on Ja misroa eD presenoia deJ pr~1etario del Uot~ m,crrndJoa:sda, s1 prooc,d~(5 a 1otervcoir..todo Q. ,q,n• en c,JJ a ,i• bal J •ba, l e,u,ntandc eJ ao.ttl cor~ppo~M ente, Cl'"' 1111 ,:em~ti»h -1 Ja !K81'ikcSMl. J'udio~al, ~A. laa-l>ili~o;.a11 ;POl;hiaJ;e~ ~ -sa i~atwt.i#w . . tl. dioha hi,bitaoionfv,eron intervenid9e los 1ie;uiMtee .objetoas l un 'bol10 de ,ri~je, d.a" nailon, de color netQ;o (de igualee 9ara9t1?riatioaa gu.e el que u::t~'ba S;iAN SA'[AGlP a m ii,c:ad pl. A~opuertor d,e MAlatta el di;,, 4 d,e l:lnx:Ga), "' anopn COU,TNS, ' . . .gn~d ••••••• -- -- · - - ·- I . ·.·. -· . . 'J:· :. ; . .... ·i ·--~-·- ...... , ~·... 'h. : i1. • : ...... :·· .l\~ ··~R · ;-~· •••• CUAme• ••• .' •• • •...... CASE l..UMBER ...... CONTIHUATION OF S'l'A1:J::lo\I::l~T OF • 'l'OW. JTJ»J .BJ.'XO. YAIBNZUWLA...... Qax-sbal:ton (Su.r.roy), con n:Gmoro co111 3Do4j2 BA 9 AN; un pasaporte br1t4ni.M ~re ,m .solo v5e~, oxpedida·a nornbx:e d-1 BRIAN: D~CUN PlaK'H:RING, ·=o dom.i.o111o AP B!blg~st (IR- , 1.a.t>da) 14 R;.;irno.:.r>-Gdns, nacido eJ 38 de l·1F1r.za .de 1,$66 en l3ol fact, n6rn11ro de pai;~~t·• - • • f .. misma fotoro;afia, oorrespondi~nte al ir~and~s·s§AJ!. SAVAO~.~mn la mi8.!"lla bOlfa oe enQO_!: ir6 ~ faoturp. del Hotol Escand.inavia d• baber ab,ona@ ~.5&:> e•setns ppr dos dins de afeotu•da • nomhre de Mo .O.HDIJ~ 7 BRTI!N;DON • .Jd m1emo se enoontr6 nn llaneJlO -oo'Q tvoa ll.!, ' l!in o:tr.o bolso de viaje, d.e oa1Pr n~Q, ma.t.oa poo · (r.u.e porla:ba D4Niii:I·, klCCANH a mi 11! . ,sade a 1441.aga eJ di• 4 de Ma.rzo), ,e ecoont:rcl lo s1g:u~entei Una r:idio poptaMl mar~a . . ~ GRI!bttlIG, d:o, pa:c:J:al one11 1 tros oami zaa, C3J oeti nee ar utenailio·sz de asoo, ..tQQo ollo de QaDallero, ademaa daw:i llavero ogn Cli~ro ll~ea: ' En Qt;:o bolso de yiaje, de color azµl, se lnteryi.nieronr :O,til~s de NAQ.\lillajo, ro~a • • --· * • - - , . · • · , - , , -· • • - .interior 411 JD.µjer, dos p,w:J;al,ones~ ..:t.tea cemisA:taa, 10,19,Jma.nte do rn,zjer, est coma un a•oador de palo de Ja mru:oa :Bca1m,- ,. .ie;u.aJ.ment• ,e intervino, rei>artido por la habitaoion, los aiguiontes ob,,iotos: Una ma,.. Quimlla ds aftitor oleot;:iea., maroa Rtmi,wtom dos par1a 4e a;apa:tARI pn par 41 z~o.t,! 1~_a«. 4st1ortivaa de hombreJ » ;traj; de ,hombre • colru: azui oon rnisdcoa, · <1ua vost:rn DA .NIEI, MCCAW a an J 1e~ad • ~OJ ~a el d1e 4 d• tla:czo; cUveraan moncchs fr:•ccionari aa enrope;,J ouat!'o novel as en..idioma...icg]6s ;r otraa pnandas: de vaatir~- . . .Se observ6 gue en la ha.bitacion 14 bnb1a tree cama,, todas la.s oqaJ,ea aa enoontralta.n • 1iesecnp, por ht\'ber sido utili,;adas por nlrru.i!ftt, :r gue la. misna, hB,b1& sido alguil;1d.a. .I 10a d.os irlandesi;s yp. oi tadcte, •..vin cue t1 maog.81 del hQtfl Ql,ibiese nsto en nin- ·. ~- ..... ~ ··-. .... ·- .~(m-1B~~ ..• ·.. •• .. •~ -. CONTIHUATIOH OF S'l'A'I'J::lU:!NT OF UQ,1.·'.S, JUAlf, MlO :V-~LA:,- • • • • • • • • • • •·• • • • • • • • • • • • • • • .QUL ~"l_el yehicru.lQ .ru~ Modelo Fie:sta, maj;rigµla MA-:9.317-AF, utliJ izedo por JO$ ti:as J;:@rror1 s.t•s meneioondO!l, 1' quo £116 ] ooaJ :i ~ado _por , • Poli eia ~gpaiiol~ O? _J Q Li'Qa; cie la ooncepo:lon (Oadia), sie on.com:t'Uoo, entx:1 otroe ohjetos: ''I:! 1l a.varo de pl atttiCD - de oplor 'bllno,o, eorrespond1sm,t~ .Jl otro yeh1opio maroa lQrd, Modt:lo Fi~sta,, -mn:t;.:to,a .l&.J1A.-2I32-AJ•.:v ~11 comQ un gontrnto de alQ.Uilet del Bent a ·Oor !IARB~Sot, . aito e.n...ia- A:vanida di Bic,rd.o So:z:ieno d.a Narbc,J J e, so eJ 4321 ooost~ha baber •ido al~nili!do~ - laes 10 boras d~ d,1~ 6 de ?,1;;rzo a PM ta], IA'IHJ:lBUltr. OO'IH,w Q,1'e en est, ti=rcar automovU )" q.110 se •ncootraba en per~dero de11QOnooMo, •• d:i.pg~a. f'undad.amente aue podr!a estnr prop£ad.o un potente artofaoto o;:elosivo, c.on tl ®' la oreanJ.u.oipn tqrrorista PlRA tenia in:tenoion 4a oometer ,ma AociQn ar:fmi n..,J, du- = rant• eJ rP.Je'll'.c de Ja guard:Ja ante e) Palacio da1 Goba:r:n;,dor eJ marte, d:la 8 de H;ar- zo, oo'qra·1as 11·15 horas, en la colonia de Gil,raltar.- cnJo, S1lpUft1Staroetntfl preparado ...Q.Qll 'OD ertafacto e::r:ploaivo, por la• nia:t:inta1 eQfp.;t,.., Pas ,QlioiAl~s ,, d.ie:QA g~~onea pa:-~~ loeaJ.~a~aiQ~ ael miel'l;1 ~ 1epeei@ieem1a~• . Iu&ron oomieionado1 Insp•otores del Cu~rpo Uacion,i de Polich,, per;toneQi 4ir:i ~o, ¥ 1 aoal 4e _I,a l,1noa de JA O,acepo1an.- Qnn tru:fcp do eata,s inye:,ticnoicnee. 1n1 c1 arlas el mi mo cUa ss1 e de merzo, en J es--dis • a de l:Iuzo, dtl Jrord. Eieta. MA-.27 32-AJ, eh 01 sOtn,no see:®4,o del parkh~ smi, mHo - • en l aa bajo~ d<9l §ifioio ?,tarbeland, de Mar'Qe11a,- Inmed1a.twnent• se di6 aviao al oriwo de Deootivaoion de Bxplosivoa d• MilagA, gue I ~ill~d6 a Mnr'bolla y' tnae adontoi,1111 ie.11 medid.ac, do segurid.aj. pertinentes, pa pro ,.;~~ . ' . . . - .otdiO !e, l~ aaqrtura &1, v~hJ.cnlQ, ,~1e;,,,ndo Jo, ro1t:sioa toonioae a.clcauruloe, oom;prnhoo- ,. , . .. . int~t r.ior dol m~e'tttro @G enoontraba u.n art•faoto ~losivo 99mpueeto ~I''\ ·(f4...... ,,,,,, ... ,. r I.:) ••••• Signatut'e witncu:,u:.~ h"" . . ··· . .,,-., •• · -- ..., ... _...,., ...... ..., .. I f1 I I J,. J -.,JJ · - • ' .. ••••••••••••••••••••••••••••••• ,:.• CONTil-tUATlOH OF STATl::l.U::1"T OF • • ll'OZ& J'U,Alt R.A.10, ~~- ~ ••• • • • •. • • • •• • • • •• • •• •. conocida coroa Si'fiMTl~I-.XJ un o:Srcuito eJaotrioo; doe lls:ttr1rus de, 6 vol:tfaAS don circn! ~ ' toe ;i.mp:ee.ao;; -con- a;;ez:idoa contemp~ri o;.adorer; IXlatU;; oo•~ C:UQtro do:to~adore11J. aabl~ado - :1lec,iti92 de oolor ne,ctt"o;~~ga.do!:._galascl.lnilcov :r dos kilos, apromimadam!_nte d.e,- . . - -.. ' . 1u,:m.ic:idn, ~!bra 7'62, al p;.recMfpm:a 1er utiJ52ad1 eorno metrel~a,- - - r.a tare,1 de g.11;aaetix:;,,oion de.l, m:::te:f'ac;:toa in;oipda Glzn las 19 hore.s de diQh.2 t1a 8 ta Mc::ap, t»uoo conoJJi1da,s a lna 21 "20 ho:r4a del misno 41a,-Tamo el aAPionixo oomo _ ,, mqteri al ,, ectr; a, f\Jeron tra.slad.l!5o:n par di d>o ;:rnpa...de _desaat1:vao1on de •xpJo, - afato;, Ja Oor:nisi'r:[3 de Polio:ta de 1,14Jaga 1 :z:r,urttido.p:,ster1cr.mente para Jo•.an§J1,=.,, ~s e;ilf;,eq,QJ:l4.iQAtoi; a ai.i ~£a:t,iPa Co:ati-al e~ l4a~£.rJ ; Dima· og,uipo ; nformQ aJ Omolae '§Ate que el ~artef'acto oPJtaJaa preparado parl\ haoer explosion a la.a 11 '20 horas (hora = - LU9 ooincide c2n el X:!l•vo de la R:UZ1I'd.ia), :v: solo pendiente 5roncsotar w;o de 101 h~ iae de ,me da Jes l:>iaterioa do eJiroemt&cioo.- •or el Gabinete de I~~tifioaoio; de la ·comisaria-.d•·Marbella se realiz6 una in,pe~ ' i.1c.n acu1ax:., ~ .ac;ando po.oW..uJ1ue111as d.agtiler•e u o~ro tJ.po de indigios J>Qlioinlp:s, ~s regrultudo 1nrruotuo12·- 31e !: Don Manu.91 CRESPO VAL~NCIA, ~plead.o del Rent ,!, Car MARB8S0Ll luger don.de fu4. . . lguilado •,:t• "lah.ioulo le fueron mostradas foto,:ra;tias d.• la irla.ndesa MAIJUttP FA- RELL, mitmb;ro 4el ®man4o del PIRA gue fu, abatido en Qibralto;r, r,oonooi~o, ain. izl.a,m ctnoro sit d.ud,am a. la mi:;ma oomo la pereo;a cue gon 11 nombre de JCA'2l:JERIH SMJJH 9---habia alg,uilado,. a lae !~Le!2;'..S-,!!. ..~1 d!a 6 de Marze el vehi~o Fol'd Fista MA-2732-AJ.- . . l correspondiente .Aotn d.• Reconooimionto Fotogr_Uica1 fu4 re.a,i tic}a a la Autorid.a.d . . Wli.~:d.al Conip~tente1 en union d.• lad Diligenoias polioial.es in11truidas OC?n mo-t:ivo clel ulay:o l d.iasaotivaoion de ost!.__yeli1culo.- 1e as£ ~iemo lee !uoron mostrad.ao fotQgra!i~s de los eupuestoa terroriota~ a los em ,.,. Lea&21, d.el Pgkine SUN, donde fu6 enoontrado •'.!,....1utomovil 1 oon re9u.ltado negativo,-: --iAo>C...... :.:a:..ll:.::~~.!.!:l..~~~-!!:~~~;noorwoniente .ilffi.22:0 en oomparooer,a.nte un Tribunal /~·te, ..:.: ,,_. .-_· ... .t-... .. c-J .,.._ ...... -- ... J ...... __ ------·- · • PM'il. .u( : ':tt • • • • • • • I .m.'25!. : ,_ a I I • • • • • • • ' • ••••••••••••••••••••••••••••••• e . . ' CONTINUATlOl.Z OJ!' S'1\ATKIG:N'l' OJr .'l'QMAS .-t\lAA~ J\Al'Q .~~I,4,-. •.,, • .. ,. • ._.. • •. •. •. • ..• • •- 40 Q;iJ>X:a11iat WAMQ t:u.,g.t regya;:i4P para ,-110 :r eiempre cond,is;ionn,do A lA au;t;orwcion. , A• ,n,C 11 ·--·-- • \ - - - \ - ~ .. - -. \ - - - - . - \ . ' . \ - _\ • \ - - • \ - . . . .\ - . - = \ . - - \ . - ~-...... - ...... - ' \ ""'------·--~· \ \ \ j \ \ ...... _..._.. - \ ' • \ • \ \ ' , . .' \ f "'~ . , .. \ ..~~~·\~~- ·/ .. - ...... , l ,' i /' ,.• ( ~ ~ ..--· ~ .- '"' ' .. ,. nest! .... ~l{l!l~ ~tJ ...... ·signature witnossed bv•,.... ~~· ./; 1~ It t ... r I I 01 839 2417 P.02 FCO Comms ~n~re ;.,uue,, t,\.£.C.. t-.a• '"· ~,.---._.__ ..... -. .. (} . ~. (C'.I'.' OF.i' SEC 71) - ...... ~- ' surname .••••• ~;i.q.Y.P.~P:.l'!;P~.~~. . • • . . rorenc:-,~s ••• :r.~nJ!:i • ~~f P. • • • • • • • • • • •\ Ai:;e of Witnes1 (i~-over 21 ._enttr "O'f~r 21" ) ...... Mavor de 21 anos - . Occupation ••• t,~.~J:;~1'9.1\-:~f.:F'.~ .I?~I,, • •Ci \J~~Q J1!\~;cn~f..~ ,9~. '9Q;,f ~.I.~~ •••••••• 1 Address ••••••~9KI.~J:.~~A .J?~. ~q~1~.I.~ ..(f'.~~~.s.~~. r.1.1·rt?~ ..ti99~.~E:~. ~/. H •. Identity Card !~o • • ••••••••••••••• ~ • • Oete Leavin~ Qibraltar •••••••••••••••• Date returr:~.ng • •••••••••••••••••••. This st~tement (consi1tin; of ra~e~ -eaeh s~~ned hr me) is true-to the best o~ rnv knowleug~ ...and bnlief and I make it knowin:-: that, if it is tendered in evidence, I shall be l(.a.hla to ,:,roi;e~ution if. I have wilfully ~tated in it anvthin~. .. which I know to be !illae or do not believe to be true. I -· - Dated the Oclio day of Agosto 1988. -. .. ~...... ,."~.. ····~ My name· is Tomas Juan RAYO VALENZUELA and I am Inspector Jefe of the Cue~po Nacional- de Policia, I a~ the Officer in Charge of · Grupo III of the Brigad~ ~rovincial de Informacion of Malaga, and as such was party to information, aa from the beginning of 1988, to the possible presence 1n·spain of members of an ectiv~ service unit of the terrorist organisation P.I.R.A., with the intention of committing an attack against British interests in the Costa del Sol. That during the first few days of the month of March o~ this present year the British Police send to ~his Brigada Provinvial de Informacion photographs of the possible members of the active service unit • previously men\ioned, corresponding to the, following three Irish Nationals, Daniel McCANN, who could possibly be using documents in the name of McAP..DLE, Sean SAVAGE and Ma1read FARR~LL. . That · due to the abovcmentioned there was moun~od a •p~ei4l control M E CORREA OCI 5irnatu~e ~itnessed b~· •• Ill ••••••• ' ••••••••••• ... . P,03 •• _....._,c;.._ • • • • •• • • • • • • •,. ..., .... .-.,-, a,,...... , . .. - - ~ ... - . ant o• · . Tom;is .Jµ.a._n,, MY..O•• VM."f!'...N.Z.tJ~ ••••••••••• • • of Statem • • • • .... • ·• • .-. • • • • point· e.t the Interniltion~l 1\irport at Mala9D which r~sults in tho ;\ aighting of two individuals proceeding from Flight IB.~57.. from Paris _whose physical characteristics coincide with those of the - - ,. previously mentioned'. and which without any shadow of a doubt are identitied as Oaniel _McCANN, who·was carrying a small suitcase-and a dark _--blue travel bag.. makers 'PUMA', and Sean SAVAGE who carried a black nylon~travel bag. The two mentioned indiyiduals quicklf make their way to o~e of the toilets within the terminal of the _International Airport at Malaga where they remain for a short while. Almost immediately they made thiir way to a branch of Banco Exterior de .Espana at the aforementioned Ai;-port' .where whilst one exchanged foreign currency the other remained as if looking around in a vigilant manner. -. At that precise moment they mad~ contact with a woman, who ~as identified as, the other member of the &etive service unit, Mairead •' ! FAR.Rll:LL. •,. Both men then leave the terminal and bo_ard a taxi, the following of . ·• which was not possible, whilst the woman is lost from light inside .~·· the building due to the amount of people there-at the time. , · Consequently enquiries .. ·are-~arried out a~d the ,taxi driver is found I ' I ~ who then informed the ·fact that he had taken.···both individuals to the Hotel Florida in Fueng~rola af}.~::.. -beiz{g asked so to do by one of them, possibly Daniel McCANN who had .. written the address of the • .. said hotel on a piece of paper. which' he h.ad been ·shown, leaving them. both by the entrance t·O the hotel. Subsequantly e~quiries at th~.~otel reveal that,the individuals ;ere not guests at the hotel neither had they been. seen in the ;;1.gnea T J RAY.~2~~~qE~~S.icm.At.ure~ w.i.tnessed....b.~..:a..cQ~_JlC,l..• ... .. - ~• , .. FCO Comms C~ntr~ 01 839 2417 P.04 &I li66'1Aa11Q .. • • • e • .A • • • e • •• • ...... _... • • ...... ~•"• , • · Tomas Juan UYO VALENZUELA Stateinent of • •... • ..... • • • • • • • .. • .• • • • • • • ·• • • • • · · • • • · • • • • · • • · · •;; interior ~f the hotel. ,, As cf that moment. during the 5th and 6th Mar~h-~here was a search con~ucted for the in~ividuals concerned all along the Costa del Sol with negative results. Superiors were informed of -all the abovementioned ana they·in ·tuin . advis_e~ the British and Gibraltar Police. At about 17 OO·• hours on the 6th March 19 88 ,_ the Police and Control . point at ,La Li?ea de la Concepcion r~ceive a telephone c~ll from 1 _ the Gibraltar Police in which they are informed ' in a -firearms · insident at 1530 hours three persons have bean shot dead and they 'are suspected to be terrorists, it is 'felt that there could be a Ford Fiesta_ Regiatrat:ion No.MA 9317 AF parked in_La Linea de la ... .._~ ..... Concepcion and that it -could be packed ~ith explosives". During the early.hours 0£ the morning of the 7th March 1988 the - Comisaria de Policia of La Linea de la Concepcion informs this Grupo III tha.t in the aforementioned vehicle there was found, ' amongst other things, a key with a piece of transparent pla~tic in the form of a key ring on which could be read a capital 'E', I' ,. this c~uld have signified that the three terrorists shot dead the previous day could have been staying at an hote'l in· 'the p.rovince, Immediately members of· the-·servic1os ·a=e Informaci;n after carrying --~·, out enquiries in various hotels called ·at the Hotel Escandinavia ~~ ·. situated.at Avenida de Pa~ma de M~ll~rca 49. Torremolinos where • after showing the key to the hotel owner'Snr F~anciaco RIOS LOPEZ .. .. . he · confirmed that the key in quer.tion was to Room No.14 at his hotel. On consulting the Polioe ·Registration Book at the said hotel it .. was. ascertained that on the- 4th March two Irish Nationals had been I --.ME CORRE$ DCI ·l . -- --·······- --···· - Sta~inent of ••• !l'.ornAS. ;J.u.an. • MY.O. .vAI.,E;N.Z.UJ!a.A. • • • • • • • • • • • " • • .. accommodat~d in noom 14 who hnd preaanta4 documentation in the · • \ name of Brendan COYNE and McARDLE. After consulting with the Comisaria de Policia ih La Linea de la - , Concepcion as·.lto the p_ossibility of the deceased in Gibraltar being the persons regis~ered in the aforementioned room.and a~ter having - received an affirmative.. reply, coupled with the information that - this Br1.gada possessed concerning Oaniel"Mc CANN using false doeuments•in the name of McARDLE-it was decided to enter the saia - room inthe. presence of the owner of the Hotel Eacandinavia and there aeize such items as were contained therein, submitting same with the_appropriate Police reports to-the competent Judicial authorities. ""···· ,.---·~--~ In the· said room the followi~g items were eontainedr~ _ .In a black nylon ~ravel bag (with the :same characteristics as the one carri-ed by Sean SAVAGE on the·4th March at Malaga International Airport) ther~ was found a British Passport No.501697-C issued in . the _name of Gary Dennis Collins in Belfast (Ireland) on the 1(th •,. September 1987, valid for one year, a British Driving licence.. ,. in . . the name of ~ary Dennis Collins · residing at 17 4 Stanle~:.'... Road Ca.rshalton (Surrey) serial No. CO:C.LI 306412RA9A?f, ·a ·ari tish ... Passport for one journey 'onfy in the na.me. -,Qf Srian Oeclan Pickering residing at 14 Ramoan Gardens Belfast··(:trela.nd), date of birth 18th March 1966· in Belfas_t, passport.--Nc{~··;9·19,07ZG, issued 16th ... September 1987. • .. All these documents have tile same p:ttotograph corresponding to that of the Irish National Sean SAVAGE. In the same bag there waa ··found. an invoice from the Hotel Esc:andinavia · ...... ,. ---.----..-··-····---- ______.. ' . .. _ ...... ' . . 01 839 2417 P.02 ... FCO Comms Centr~ 01 839 2417 P.06 . Tomas Juan RAYO VALENZUELA C Stat-ement.. of • •••••.•..••....•...•..••...•....••....•....•. .. in respect -ot 4,580.00 pesetas for two days stay in Room 14 as we~l as a reservation for the same room in the name.of McAIWLE and . - BJ{ENOAN. There was also a key ring with three keys. _ " In another travel bag, a blacR Puma travel baq (which Oaniel MeCANN - carried on his arrival at Malaga on the 4th March 1988). the '.. ' following was .,founds- makeup articles, .J.a_di_es underwear, two ladies vests an~ a hair dryer maker$ Braun~ and two ladies trouaers. Also seize~ were the following items_scattered around- the room: electric ahaver makers Remington~ two pairs of shoes, a pair of 'gents sports shoes, a man's blue chequered suit, worn by Daniel McCANN on his arrival at Malaga on the 4th March, various European . ~.,.• ··---·•"a&N---- currencies, four English language novels and other i temJ··= of clothing. It was observed that there were three beds in Room 14 all three - beds were visibly seen to have been used by someone, presumeably • by the two Irishmen previously mentioned who had hired the ro~m, ',• the hotel staff at no time saw a woman. . ·• ., All documents and items seized were forthwith passed to.:tli.e competent j~dicial authorities with the appropriate Police reports. That in the Ford Fiesta motor ve~icle re9:istration Number MA•9 317 ... AF :. used by the three abov.ementioned· terrorists .. and which was located Loi by the Spanish-Police in L& Linea d,.~~ c;neepcion (Cadiz), there ,.,,,.. I . was found, amongst other items; a whit~. ...plastic key ring ·corres- • . - . ponding to anther Ford Fiesta mbto~·vehicle registration Number MA-2732-AJ, as well as a hire contract trom Rent a Car Marbesol of Avenida Ricardo Soriano ..in.. ,.... Marbella. . in which.was stated that · Siqnea T... J_ M!_O_v~~~N1P~~~ictn.Jltur.a. : w.i.t.ne:s..s.c.d...h~-~J. ...s;:QBU.~-D..Cl_ • •a;. • P . 02 . _... ,....,,,.111, \..ll'ntre 01 839 241? P.07 • ' the vehicle had been hired at 1000 hours the 6th March to someone callea Katherine SMITH. That !t was presumed, th~t ~n this third motor vehicl~, the exact location of which was not known, there could possibly be an - explosive device .with which the terro_rist organisation ·.P. I. R. A. intended to commit a.. crim.tnal act durtng the Changing of the Guard at the Qovernor' a Palace in the. ,Colony o: Gibraltar at about 1115 houra on ~uesday the 8th March .1988. Given the danger represented by the poasible cont'ents of this - vehicle, ·given that i~ could contain an explosive device, various . , Jefaturas de Policia were alerted and orders given for the said vehicles to be found, ~nspec~ores of the Cuerpo Naeional de ':"'It-.,,...... ;., __ ... _.Jo'.... Policia, members of the Servicios-de Informacion from Madrid, Cadiz, . ~=- -Malaga., who directed the operation, and La Linea de la Concepcion · - - were drafted into the operation. The .result o; this investigation commenced on the same 6th March in the different areas along the Costa del Sol lead to the F~rd Fiesta vehicle Registration No. MA 2731 AJ being found at about , ..• 1800 hours the 8th March in the basement area of the SUN... Carpark situated at Edificio Marbeland in Marbella. .. •' Immediately the Malaga ·Bom~ .. Oispo.sal Squ&;d was. informed of this and they immediately m~de their ~ay to Marbe1la. Upon their on arrival ~nd after having adopted t~~_. .necessary safety measures . . . the yehiele in question was opened and µs'ing the appropri·ate • technical apparatus it was confirme·dthat in the interior of the boot there was contained &n explosive device made up of the following comp~nents:- appr.Q~~mately .64kg of an explosive subtance called Serntex~x, an electric circuit, two 6 volt batteries, two ' . .. -..~ ,. ... . \ : Intergrated circuits with metal initiators, four detonators, black wiring, a I -= ::me _...------=-~ --..- - -- 01 839 2417 P.09 FCO eomms Centre - l~\:r::bcr ...... • • • .. •·• ...... ~(:.. -...... ~ .. ·~ ... . of Sttttoinent o.f ••••T.OM-AS •• J.U.AX .~Y.O•• VAit£~.Z.U}t,.L_1\ A.- ••••••••••••• . . ,. . . \ ·,.-.) .• ~-...... , ~totographs of the . three .suspected terrorists were ahown to tho,· . . · i . I • I ' emplo~ees of Car Park SUN with negative results. ,.. - . I wish to place on record that .I have no inconvenience in appeari~ .., ' ,. before the-Courts in Gibraltar should this J::>e necessar_y however this is conditional to my &uperiors authoxising me so to do. • - r - ., \ . - . ... . -· .. ':"",If'.- ___ .... ~-4'11a.. '\ ...... \ .. .~··· . ·- .... • .. --···.. . ..- Signed T J .. RA)l(?~E!!J_U~L~~- ...... ·--- • . " • -· · ---- • • - • l \,,,\J' '-""'II.Ila, '--C'I I \. J C n. f'ricnd &be Member tor Luton, Nonh (Mr. talked about South Africa. I llad a reeling that I then bcfon, with the !loft. Member ror Walsatl, onh (Mr. Wlnnick) bouucins up and dowa like 1 1ck•in- . t while my bon. friend wu u')'tn& to make it illttRS ••• speech. My bon. friend knows mon, or less te. an,wer ~t I lhatl give. /IJ the h<>n. Member for ' lalaall. North aays, It is in tome wayi more supponive or ,\ ,c bon. Ocntlem1n·1 view than ofmy bon. Friend's view be Oovemmerit are f\dly ·commit~ to die Olencactcs Jh!Cfflcn.t. wbi;h rcquim Commonwealth" Governments _ , •ithhold auppon and di1couraae sporting contacta by 1eir nationals •ith apertin& orpni1ation~ teams or ,orumen Crom South Africa. Ministers were acting ltbin ~ spirit Of that policy. Tbe lsrectnt:nt nco&niNS 11t it ii for individual Commonwealth Oovemmenu to. ~ne in accordance with tbcir Llws how best to a;charae those commitments. In the United Kinadom's :rc:eption or a free society, tbe Oovemanent'• role ii TM hon. Member for Lin!itbJow raised ~ iuue or Soviet t,tt,llls"ion,. Tbc hon. (hntlefflan can~ot ex.peel me mited to givina- advice and seekina lo persuade-the - to add anything to the full answer.~t my naht h.on. and iovermnent have no powers to prevent individuals from leamed Friend the Secrciary or State for fol"Clp and ilitine South Africa If they 19 .:noose. Commonwealth Affairs 1ave earlier. All tb~ proper steps . ne hon. Mcrnber for Makerfteld (Mr. McCartney) were taken. However. I can say ICmt~l\lnl about ~e used the CODltituency CIK ·or Mr. Win Stanley. The Security Comminion. It is not •. standa?! body, nbut t: - iovemment are fully committed to providins the mon nommlly appointed by th~. Prirne Mmisier o ly _ !'ocuve remedies possible for those parenu who suft'tr the investlpte anv lapse in Bnush ICC\lrity. It wou~ not 1ony or child abduction. The Hague convent.ion provide$ nonnalfv be ~nsuhed on issues iuch as the upul11on of sufficient remedy for abduction to tho1e countries that diplom,ts and lt would not normally be expected to - ave signed and ratiftcd it. The Government hope that investigate such mat\1.rs, _ .any more countries wiU ra_tl(y the convention. In other .. There ha• -been a full lnqutry about the ev~nts In ,untrics.. what caa be done ts limited. apart from taklni Gibraltar. The hon. Centlcman ra.lsed som~ points on =tion in their couru. The -Foreign and Commonw~alth hich 1 have not had the opportunity of t\nchng detailed mce will provide what consulaF- support it can. Anyone :ronnation. 1 will refer thOIC points to my ri&ht _bon. and ho is worried about the possi'61e unlawful removal of a - I mcd Friend \he Foreign Secretary. tr he coN1ders that inor from the-jurisdiction the court5 should contact of ,:re is anything to add. he will v.'rite to tbe bo~. e police. who will alert.the immleration servic:e at the Cicntlcman. If bt don not, l will. The bon. Gentleman s ,ru and -:-:11sport ilsulns-offices. The more predac the remarks on Sir Leon Briuan seem to be a f unher example rormation about a pouibJe u.nlawful removal, the better e chances of h beine prevented. There ate also power$ of his fertile a.nd fervent im11ination and J have no .dcr -the Family Law Act 1986 for the courts when comment to m;ike . 1kin .. • c-mtody order. to order the confiscation of a sspon. That n11y not be of much comfort co the hon. maber tor Makemeld. but it is important &hat tbo&c :>pk wbo are worritd about this problem should know iai can be done-.. to prevent abdu.ction. The hon. Membtr· for Walsall. North raised an :resting subj~t. the issues nrisin1 from China. I do not ak that be would expect me co rnakc any detailed iment. Obviously. we are contlnuina to follow events :cl>·. Martial law v.·u declared In pans of Pelting on 20 y. Army units have moved into Peking but are blocked ~ups of dcmonsuuton from rQcbin1 the centre. The 1t1on is tense bt.u CAlm. We are concemed that the neae authorities have found it necessary to Impose tial law. We have uracd all those involved to cxertlJc lcration and restraint and wt hope vrry much that the nion can be re1olved pe3cefully. I very much airee , the comments on Hons Kong by the hon. Member WalsaH. North. It la natural that the people of Hon1 I are worried about developmcnu in China and that should with to express their opinions. but there i1 no )n to think. that recent e\ltnts in Chin• will effect Hona s·s futtne. ' 01 839 2417 P,05 171 59 FCO Comins Centr• 989 a aa, uecruon n11e1 a otntral quest "" In the Oibraltar · ;...et to ,en the truth to the Hou1C or contro-...ny, ror It la • caller or reecr ! that tbc Spaaisb 20 )drl J believed more or lcN interior minister. Senor Jose Lui• t"~rcuera told his /~yibiOS said by Ministers or whatever country's tenate on 11 April &his yur that the Spanisb f ;;;,,~patch lox. ar l now seem \lnduly police officer coneemed made his :. tattmezit abou.t · ~· it, attcr or bcina once bitten. twice ahy. I surveillance before a judge In Malaaa. L :st week. I visited , raise on" subject briefty. and one other at far Spain offldally as a mcnabcr or n all-par: y poup. 'and bad lcn&th, _ informal convmations ln tbc Corlcs. Consiilerable ftrst co11ccms this &f'ttmoon'1 statement about the concern was Mpressed about the mauer. b«ause 'at issue on of kussian diplomats. l have a question !or the b tbe tru~fulncss or othcnvite or a Spanish Minister iD 'mident or the Council that he an send to the - making a 1tatement lo the Spanish Parliament. '1'bis", 1 -and Commonwealth Offic:t to answer. It ls the 1aid Mr. Corcuera. "ls the way in which it should alwayi ,ucstion that 1-put to the ForeiJn Scmtary this be done .. -that is, the hearing before a judge. on wbich be did not answer. My quesuon concerns Only last week, o~ 19 May, the spokesman for tbe ,controvertible evidence" that gave rise to the Spanish police in Madrid. Mr. Manuel Jimenet Cuevas, ::>ns. Was it in any way raised with Lord Griffiths announoed publicly that the statement had been made on ; fellow members of the Security Commission? lf iat is the purpo5e of the Security Commission? _a August 1988~ in front ot the exarDJnin1 maaistrate of court No. tin Malaga. Thus a contradiction hu iriKll. If i right bon. and h~n. Members would like a tcoond the statement placed in . the Library of the Howe of on of that "incontrovertible evidence". I am not Commons by the Mlnister of State. Fol'.'Cfan . and g-to -see that evidence myself. I am not evcu Common:,"Ulth Office is the BfflUine account.or events by . _ :stinc that those or my riabt hon. Friends who a~ the . Spanish p~llce. the, Interior Minister or Spain ha, Councillors should see it, But after all that bas mlsmfonned his CO\Jftlf')' s Senate about the.circumstances :n~. a jud~ or the Court of Appeal should bavc in !h.lcb thf ltaternent was taken. and the Spanish police d &bat the evidence was incontrovertible. themselves appear to be under a serious misappn:hension. e have been throui,b Zircon. Westland and OCHQ. If; on the other band, the Spanish Interior Minister was : bas been a whole series of economics with lhe truth. telling the tnalh in his country's Senate. that raises a 1tUI o that context lbat I ask whether Lord and Griffith, ~ore serious question: II the statement _pla~d in the ,lJeagues were consulted about that decision. Ubrary of the House by lhe Minister of Stare the onlv c ,econd issue I want to.raise relates to the unpopular Spanish account of what took place between , and :t of what happened In _9ibralt.ar. Ript hon. _and 6 March. or Ire.there t'No separate statements--Qne JI ken in Members will .ee from a letter to me from tbe pecu~ar cimunstances by the Gibraltar c:oroft$r"S officer. ter or State. Forei,n and Co~inot'lwealth Office tbat c~lef inspector Correa. and the Other made in accordance ccd in the Libra~ copiese0f a statement made by a with normal Spanish practice in frorit of .an examining sh police ofncer concerning the surveillance of three masistrate? · i,ersonnel-Mairead Farrell. Daniel McCann and S.av1g1:-in the period prior to tbeir deaths at tbe May I ulc the Lofd President whether he can obtain of the SAS in Gibraltar on 6 March last year. clarification from the Forei1n and Commonwealth Office ll ,iatement. which maintains that the Spanish on whether ft has in 1ts P9ssession a second Spanish "lost .. t-he thne IRA members on 4 March. two days statement on 1ur't'eillance made on 8 A.qust last year in the shootin15. was presented to the Oibraltar front of the euminins masistrate of court No. 6 in ~r during the inquest. The coroner n:fused to answer Malaea? If it received auch a atatcmenL will the Forciszn tcr to him. 1 do not complain. but I received a very and Commonwealth Office explain why it apparent!,· ous reply to my letter askina cert.1in questions of the made no attempt to introduce it It the coroner's inquest in :r. wbicb he dec:Uncd to answer. Nevertheless. Gibraltar last year. and will it now place a copy or that ins the Oibraltar coroner's rules. be declined to seco~d sta!tment-:-made in front or an e.uminin~ that statement as evidence because there was no magmrate m Mala,e-in the Library or the House of s to testify under oath. Commons? · statement then surfaced in Tht Sundav Timts and I ha~e four.que,tions. Fim. was the sllltement made by :ritand that it was paSKd by the Foreign and a Sparush pohce officer on 8 August 1988 in rront or the onwulth Office to Lord Windlesham durina his Ha~ining magistrate of court No. 6 in Malasa ever r into the Thames Television programme ''Death on received by tM British authorities? Secondly. on "'hat date ck ... I uy in pt.renthcsis that Lord Wlndlesbam did was the statemel_'.lt made by a Spanish police officer in front est Job and that the response to his inquicy by Lord o( t~e cxaminin1 maiistrate of court No. 6 in Malaga me in another place was among the most odious received by the British authorities. and on what dnte was tacceptable Statements made from a Front Bench tba.t same statement pasted to the coroner in Gibraltar'! ere has ever been during my 27 yean in the House. Third!~. where is the statement made by a Spanish police appa~nt purpose of disclosing that statement was ~fficcr Jn front of the examininc maJistmc of court No. 6 -edit the pro!ramme's claim thnt the IRA personnel 1n Malaea now held? Fourthly, will the Govemmenr place :n under Spanish surveillance ui:, to the time of their the statement made by a Spanish police officer in front of In Gibraltar. J sec from the Minister's letter that the the exaru.inina mal,istratc of court No. 6 in Mal~aa in the 1 police officer's statement was given at Mtla1a Library or the House of Commons? The two statements station to the Gibraltar coroner's officer. chief nre in the Library's possession. and. indeed. in mine. ,r Corra.. Accordin1 both to the Minister's letter I believe ~ha1 this is an imponant matter or truthfulness the ebief inspector' 1 sworn evidence fO the foquest, to the House of Commons or otherwise. which should be niah Judie was present when the 1tatcment was cleared up somehow bcforc we 10 into reccu. n hiJ evidence. chief inspector Correa said that no 1 judge. was available. that. day. 17:ss FCO Comms Centre 01 839 2417 P.02 Forei;n and Commonwealth- Office London SWlA 2AH From Tb.,: Mi11i1ter of Stlltt: 25 May 1989 . r. -• '"-- I During the-Spring adjournment -debate yoij raised a number of ~estions relating to the Spanish Police Officer's statement ~oncarning surveillance of -the IRA Active Ser.,ice Unit. It may be ~elpful if I set out in detail the backg~ound relating to the.taking of that statament. The statement was made, as I said in ~y letter of 11 May,_by the Spanish Police Officer, who I am now able to confirln was indeed Inspector Rayo, to the Gibraltar Corone~'s Officer, Chief Inspector Correa, on 8 August. The statement was dict~tad by Inspector Rayo, and typed by on~ of his Spanish Felica colleagues on~ Gibraltar_ statement of _Witness form. As each typed page··was completed, it was signed by Inspector Rayo and his signature was witnessed by Chief Inspector Corre~. This statement was not made in the presence ot an Examining Judge-Magistrate. It had been intended that the statement should be .made before an Examining Judge-Magistrate in accordance with nor:nal Spanish procedure. However no Examining J"ud.ae-Maaistrate was available on the dav in auestion. Chief Inspector Correa returned to Gibraltar with t..~e original of that statemant. Inspector Rayo retained a copy of the statement. On 9 August Inspec~or Rayo appeared betore an Examining Judge-Magistrate of court No 6 in Malaga and submitted to him that copy or the statement. The copy showed the signatures ot both Inspector Rayo, and of Chief Inspector Correa as having wit~essed the signature of Inspector Rayo. We have a eopy of a racord made by t~e Sec=etary of the cour~. recording this and signed by Inspecto= ~ayo, an E~:arni::i.:,g Judge-Magist=a te and the Sec=etary of the cou:r-:. On 22 Aug~st c~ief Inspector Cor=ea appeared before an Examining Jucl;e-Magist=ate in Malaga and con!innad that it was his signatur~ en t~e st3temer.t made on a August and presented to the Exa~ining Judge-Magist=ate. A record of these proceedings, signed by Chief Inspector Cor=ea, the Examining Judge-Magistrate and the Secretary cf the Cour~ with a signed carbon copy of Inspector Rayo's statement was ~hen passe~ to the British Embassy in Madrid. / As I 17:57 FCO Comms Centre 01 839 2417 P.03 , As I said, the original of Inspector Rayo's statement wa$ taken \ .irectly to Gibraltar_on 8 _Augus~ where it remains in safekeep~ng. 'he original statement signed by Inspector Rayo- and Chief Inspector :orrea was in the Spanish language. Chief Inspector Correa .ubsequantly made a translation of the statement into the English anguage. This translation was not signed by Inspector Rayo or by :hief -Inspector Correa. Copie~ of this translation were handed by .he Coroner to Counsel appearing ~t the inquest. But th~ Coroner .eclined to accept Inspector Rayo' s statement as evidence in the .csence of Inspector_ Rayo himself. As ~enor Corcuera told the panish Senate on 11 April, he believed the-Senate would not defend .he proposition that a state servant answer a summons from a ;ibral tar judge. I should emphasise that only one statement was made by Inspector :ayo and that is the Spanish language statement of 8 August 1988. 1n 9 August 1988, Inspector Rayo confirmed that he had made and .igned that statement. He made this confirmation before a Spanish :xamining Judge-Magistrate. On 22 August 1988, Chief Inspector :orrea appeared before a Spanish E~amining ~udge-Magistrate and :onfirmed. that he had- signed the statement as having witnessed the ,i _gnatura-of.-the statement;_ by Inspector Rayo. - . ·-·- ... The Spanish Ministry of Interior have confirmed to us that the. ,nly -authentic account -of events is the statement made by Inspector :ayo on a August, a copy of which was placed in the library of the :ouse on 9 May. I am now arranging for a photocopy of the signed ,riginal Spanish statement, the two court records and a turther copy ,f Chief Inspector Correa's translation to be placed in the library ·f the House. --- . -. I trust it is now crystal clear that there was only one tatement made by Inspector Rayo and that great care was taken both ,y Inspector Rayo and by Chief Inspector Correa to endeavour to .nsure that it was properly authenticated. The Hon William Waldegrave am Dalyell MP ouse of Commons ONOON SWlA OAA LETTER PP.OH 'l'Xlf DALYELL ~ FOREIGN AND C(UO(ONWEALTH SECRETARY. Dear Geoffrey Thank you :for Tim Eggar•s reply o:f 13 February to my questions concerningthe Gibraltar shootings. However, I remain puzzled by several aspects of this affair and will .be g~atetul ~f you can answer eome furthe~ queries. These concern a documen~which bas recen~ly come into m.v poss~ssion, a,copy o:f which I enclose. I - understand that this was prepared a~ an exhibit for the_Gibraltar inquest-(exhtbit lfEC No 19) where it was submitted to. the Coroner as.a Spanish Police account of the surveillance operation mounted against tbe IRA terrorists. My questions are as -follows: (a) Can you confirm that this is indeed the statement by ''a eenJor Spanish Police_Of:ficer'' which Mr John Laws attempted to abduce in evidence at the Inquest? - - (b) Where exactly did DCl Correa interview the Bpanisb Officer concerned? .. (c) 1n what language was the statement taken? Was an interpret, pre~ent? (d) In whaJ: form ~id DCI Correa record the details of the conversation? (e) Who is responsible for the working of the statement? Jfbo .typed it and where was this done1 (f) Was · a copy of the English language statement shown to the Spanish Police Officer to check its contentsT (g) Where and when was this particular statement, as presented to the Gi~raitar Coroner, sworn and signed by the Spanish Police Officer concerned? (h) Can you confinn that the witness whose evidence is . eupposedly represented in this statement is lnsp. Tomas Rayo Valenzuela of the Mal•ga Poltce? (t·) Can ,ou confirm that officials of your Ministry passed a copy of this statement to Lord Wind1esham and Richard Rampton QC in the course of their inquiry into Death on the Rock? {j) Can rou confirm that officials of your Ministry passed a copy ot this statement to journalists on tbe Sunday Times newspaper? If not, was the document's appearance in the Sunday Times an unauthorised leak and what action do you propose to take about it under the Official Secrets Act? {k) I understand that on 11 April this year the Spanish Interior Minister, Sr Corcuera, told his country's Senate that, in response to a connission rogatoire from the British judicial authorities, a Spanish Police Officer ~ade a statement tn front of a judge in Nalaga Cl enclose the relevant extracts of Sr Corcuera•, -...L.-4--- - .... a commission rogatoire and if so, which -Government departmenJ was responsib1e- for sending it_. and on what date was this done? - - (1) Did the British commission rogatoire make any sug~estion as to which Spani5h official, either by name or by category, should make a statement in response. If so, what were the details of tbe · request made? -• - (m) Is tt corree~that a Spanish Police Officer made a statement before a ludge in-Malaga -and, if ~o. on ~hat date was tt made and in what- language was it WTitteri? Was such a statement .passed onto the -Gibraltar Coroner and, if so, on what date _was this done? (n) Was this statement made by the e~e officer~relerred to by DCI Correa tn- hts evidenee to the Gtb~altar inquest? -(o) I see from the sworn evidence of DCI Correa that be took the statement, as shown to the Coroner, ''in our own form'' because a Spanish judge was not available (I ..enclose-the relevant extract .of DCI Correa's evidence). What is' the explanation for the apparent contradiction between DCl Cor~ea•s sworn evidence and the statement by the Spanish I~terior Minister who said that a jud~e was present? _ (p) Are the statements respectively referred to by DCI Correa and the Span1sh Minister one and the aat:ie or are there two separate statements? tf ther~ are two stat~ents, why was it thought necessary for DCI Correa to take the second one and why was the first statement not referred to at the Inquest? {q) la ·tbe statement presented to the Inquest a translation of a~ ear~ter Spanish one and, if so, who certified ~ts accuracy and where 1s ~he ori,ina!? (r) Wi!l you place in the Library of the House ef Commons a copy of wh•tever statement the Spanish authorities first sent in ~eSJ)onse to the comnission rogatolre? (s) X see from ·the Sunday Tiaes of 2 April (article enclosed) that !nsp, Tomas Rayo Valenzuela of the Malaga Poiice ts 4uoted as auggesting that the statement presented in his name to the Gibraltar Coroner was not an accurate account of events. ~ay I ask for your cOflSQents, (t) In the aame article lnsp. Tomas Rayo Valenzuela says that Sp•nish Police knew where the terrorists !avage and Mccann were staying on 5 March. Is this correct? (u) · ·Is it still your position that all three terrorists were lost on 4 March and not spotted again by Spanish, British or G~braltar Police untii they entered Gibraltar? (v) May I ask a question arising from the letter sent to me by Tim ~gga.J- on J,3 February, Concernine paragtaph (f) wili you ~elease the nl.ffles and ~anks of the two Metropolitan Poiice Officers who were working on 1 'a drugs related inquiry'' in Gibraltar on the day of the ahoot!ngs? 'I:'.& - - " "-• - - - .. - - - • ., - • • • I ~ .. you that my questions involve delicate and important issues. llay I- thank ,-ou for taking the time to &l!Ufist me? Yours sincerely, Tam , - Forei1n London SW 1A 2AH ·1; May l.989 'l. t ... Thank you for your·lettar of 17 Apr~l to Sir Geoffrey Howe, whiah we have discuasad. Me has asked me to reply. The answers to the questions you raise are as follows-. ... A. Yes. ·rn -answer to a written Parliamentary Question, - . I have arranged for the original statement, given in Spanish (see -c,- c, E below), anc1 its English translation m~da ·by the coroner's officer, to be placed in tha Library of the House. ~- The interview took place on 8 Au;ust 1988 in th• witness cffic~ at Police_ Headquarters, Malaga. c, D, E. Th• Spn"ish police officer, or witneas aa you call him dict~ted a •tatement in the Spanish lan;uage to one of hi~ spaniah colleagues who typed the - statement at the witness' dictation on a witness statement form •upplied to him by ···. \ Chief Inspect,,r Correa. In accordance -.d. th normal practice, Chi\~f Inspector Correa translated the witnass' atot,!ment from the Spanish language into the English lanqu.,qe. This translation was Jnade for use /in FCU Comms Cent.l"'e 01 839 2417 P.03 in the inquest proceedinqa. En;liah is the official language in _~ibraltar and English is tha language used in all courts of law. F. No. The Spanish police o~~icer does not apeak English wall. G. The atatement-was not aworn by the wi~nass. As-aach . . page of the typewritten statement was completed, i~ was handed to the. witness by his Spanish collea~ue. The witness read an~ signed each pa;e and Chief Inspector Correa also countersigned each pa~• iimnediate~y after the witness h~d signed it. It is not normal fer inquest witness atatamants to be ' I I sworn. -Evidence is given orally un~ar oath in Cour~. It Statements are for the Coroner's usa in preparation I ·j for the inquest. I' H. It would be inappropriate to name the Spanish police •I officer conc~rned and an assurance tc that etfect was given to the Spanish authorities. I• I. Yes. J. It is net our practice to discuss the details of our dealings with the press. J<. The Commissi\,n Roqatoire, _signed by the Gibraltar Attorney-can,n·ill, was passed to the Spanish Authorities vla the British Embassy in Madrid, in accordanc• with normal practice tor British Dependent Territories. I e h /L. l r,I ---- Ii ., l· ~- I 1· i ;• I L. _ Yes. - Th• Commission Ro;atoire raquasted tha~ permission be ;iven for a particular police officer to 9ive evidenc~ at the inquest. - M. The statement_ retarreel in the answer to (A)_ above was · \ not made before a_judge eit~er- in Male;a or - elsewhere. When the takin; of the stat•~ent had been ~omplated and the ~tatament signed, it was handed by the witness to Chief Inspector Correa. Chief Inspector _Correa returned to Gibraltar ~ith the statement and later handad it over to Har Majesty's Coroner. N. w~ believe the statement to which Sr -Corcuera refered :. ~ . ~is the same as _th~t referred to- by Chief Inspector Correa. o. This is a question tor the Spanish Government . . However, there was no judge present wben the statement reterrad to in answer to (A) above was made. P. we assume thQY are the aama. Only one •tatement was taken from thG witness by Chief Inspector Correa which ia th~t referred to in (A) above • .. Q. The statement was not put in at the _inquest. From the poin~ ot view of the inqueat the question of certifying th~ accuracy of the translation, therefore, aiJ not arise. Th• ori9inal statement is held by the 11Lbraltar Police fore• on bahalt of HM coroner. .. .:,. . R. - 'l'Wo Comm~ssions Ro;•toires were aant to _Spain. :tn· response to the tirat, the Spanish supplied evi1Sen~e found in the two cars and th• flat ralatin; to the. terrorists. This was presented at the inqu~Jt. The statement by the police ofticer""to Chief Inspector Correa was made as a result of the second co~ission - Ro;atoir• but no otber action w•a taken on it by the Spa~ish autho_r i ties. s. - The statement by the police officer to - - Chief Inspector Correa presented to the Gibraltar ~oroner -qives as tar as wa knew an accurate account !)f events. - - T. Tri;• is a m~ttar ·for the Spanish police. U. -The position ot the Spanish police is a matter tor . the Spanish :iuthorities._ However, as was made cl ta&: at the inquest, the British and Gibraltar authorities i were not awara of the whereabouts of th• terrorists . I from the time they wera aeen at Malaga airport on 4 March until they appeared in Gibraltar on 6 March. v. No, aa w• h~va said before, their presence in Gibraltar wa~ entirely unconnectad with Operation Flaviua. I h.av• answ•\l.~ad this long list ot questions (as we di~ earlier poin~~ you have raise~) as fully as possible. :urtherr.1ore, the~ lnquest, an independen'C legally constituted forum, conducted a comprehensive inques-c into /1u.1"Ctari:; -----~------., /•attar• •atters •~rroundinq the deaths ot tha IRA t•J:Torista, and - - a further full statement of event• and of-Cov•rnmant policy was •ada by David Tref;arne in his atatament to Bonham-Carter's question about the Windlesham/Rampton _ - - repor~. Many of the questions which you hava poaed are •ora properly a matter Jor the Spanish authoritiea, and_ -we are unlik•ly, therefore, to-be able·to -belp you much further on the matter. -:. ·,' __)__ ·'-', I j I The Hon William Waldegrave Tani Oalyell MP House of common~ London SWlA OAA ., • I I ---··-·------From Sir Nicholas Fenn KCMG BRITISH EMBASSY, DUBLIN. 1 June 1989 Mr Noel Dorr Secretary Department of Foreign Affairs Dublin 2 ------· We discussed recently the continuing press speculations about the statement made by a Spanish Police Officer con~ cerning the surveillance operation before the PIRA group crossed into Gibraltar in March last year. You may find it helpful to have the texts of recent exchanges between Mr William Waldegrave .MP, Minister of State at the Foreign and Conunonwealth Office and Mr Tom Dalyell MP. I enclose: I the text of Mr Dalyell's letter of 17 April to Sir Geoffrey Howe, with Mr Waldegrave's reoly of 11 May I an extract from Hansard of 22 May in which Mr Dalyell asks further questions, with Mr Waldegrave's reply of 25 May. copies of the first exchange have been placed in the Library of the House of Conunons. I understand that Mr Waldegrave's reply of 25 May will be placed there today. I I also enclose the texts, in Spanish and in English, of the I statement (since acknowledged to be that of Inspector Thomas Juan Rayo Valenzuela) given to the Gibraltar police officer acting on the Coroner's behalf. AN ROINN GNOTHAi EACHTRACHA DEPARTMENT OF FOREIGN AFFAIRS BAILE ATHA CUATH 2 DUBLIN 2 KJune, 1989 H.E. Sir Nicholas Fenn KCMG Ambassador British Embassy Dublin. ~ lliik I Thank you for the further material on Gibraltar including the exchanges between Mr. William Waldegrave MP Minister of State and Mr. Tom Dalyell MP and the texts in Spanish and English of the statement by the Spanish Police Officer.which you enclosed with you! letter to me of 1 June 1989. Noel Dorr Secretary ,;.. END of file