Report of the Return to an Address of the Honourable the House of Commons dated 15 June 2010 for the Report of the Bloody Sunday Inquiry The Rt Hon The Lord Saville of Newdigate (Chairman) Bloody Sunday Inquiry – Volume VIII Bloody Sunday Inquiry – Volume The Hon William Hoyt OC The Hon John Toohey AC Volume VIII Paramilitary Organisations and Activities on Bloody Sunday Fort George Other Events and Matters Published by TSO (The Stationery Office) and available from: Online The Senior Officers www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Order through the Parliamentary Hotline Lo-Call: 0845 7 023474 Fax orders: 0870 600 5533 E-mail: [email protected] Textphone: 0870 240 3701 The Parliamentary Bookshop 12 Bridge Street, Parliament Square, London SW1A 2JX Telephone orders/General enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: [email protected] Internet: www.bookshop.parliament.uk TSO@Blackwell and other Accredited Agents Customers can also order publications from £572.00 TSO Ireland 10 volumes 16 Arthur Street, Belfast BT1 4GD not sold Telephone: 028 9023 8451 Fax: 028 9023 5401 HC29-VIII separately Return to an Address of the Honourable the House of Commons dated 15 June 2010 for the Report of the Bloody Sunday Inquiry The Rt Hon The Lord Saville of Newdigate (Chairman) The Hon William Hoyt OC The Hon John Toohey AC Ordered by the House of Commons to be printed on 15 June 2010 Volume VIII Paramilitary Organisations and Activities on Bloody Sunday Fort George Other Events and Matters The Senior Officers HC29-VIII London: The Stationery Office £572.00 10 volumes not sold separately Original content of the report © Controller of HMSO 2010 The original content may be reproduced free of charge in any format or medium provided that it is used accurately and not in a misleading context, and provided that the title of the source publication is given and the copyright acknowledged. Third parties may hold copyright in quotations and images which have been reproduced in the report under section 46 of the Copyright, Designs and Patents Act 1988 and it should not be assumed that any permission has been given for the further reproduction of such material. Lord Saville of Newdigate, William L Hoyt and John L Toohey have asserted, in accordance with section 78 of the Copyright, Designs and Patents Act 1988, their right to be identified as the authors of this work. ISBN: 9780102964608 Printed in the UK for The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2354501 06/10 Printed on paper containing 75% recycled fibre content minimum Report of the Bloody Sunday Inquiry The Rt Hon The Lord Saville of Newdigate (Chairman) The Hon William Hoyt OC The Hon John Toohey AC VOLUME VIII Page Paramilitary Organisations and Activities on Bloody Sunday 1 Fort George 361 Other Events and Matters 469 The Senior Officers 541 1 Paramilitary Organisations and Activities on Bloody Sunday Contents Page Chapter 146: Introduction 5 Paragraph Co-operation of witnesses with the Inquiry 146.20 Status of the witnesses who provided evidence to the Inquiry 146.25 Submissions on behalf of the majority of represented soldiers 146.28 Chapter 147: The Provisional IRA 27 Paragraph Membership of the Provisional IRA at the time of Bloody Sunday 147.1 Weapons and explosives available to the Provisional IRA 147.27 The question of assurances sought from and provided by the Provisional IRA 147.78 The question of orders given by the Provisional IRA for the day 147.108 Provisional IRA activities on the afternoon of Bloody Sunday 147.131 Other Provisional IRA activity 147.170 Assessment of the Provisional IRA evidence 147.205 Martin McGuinness 147.207 The allegation of a shot by Martin McGuinness from the Rossville Flats 147.228 Martin Ingram 147.266 Martin McGuinness and Duffy’s bookmakers 147.276 The Sunday Times material 147.300 Intelligence material 147.312 Other evidence 147.316 Consideration of the evidence relating to Martin McGuinness 147.329 Conclusions on the activities of the Provisional IRA 147.358 2 THE BLOODY SUNDAY INQUIRY VOLUME VIII Chapter 148: The Official IRA 136 Paragraph Weapons available to the Official IRA 148.7 Explosives available to the Official IRA 148.15 The disposition of Official IRA weapons on Bloody Sunday 148.17 Assurances sought from and given by the Official IRA 148.56 Martin Ingram’s evidence of the IRA’s plans for the day 148.80 The Official IRA’s standing orders 148.85 Official IRA patrols on Bloody Sunday 148.111 The meeting of the Official IRA Command Staff 148.178 General conclusions on the activities of the Official IRA 148.184 Chapter 149: The Fianna 202 Paragraph The Fianna in Londonderry in 1970 and 1971 149.1 The existence of an Official and a Provisional Fianna in January 1972 149.9 The activities of the Official Fianna 149.14 The activities of the Provisional Fianna 149.29 The identity of the leader of the Provisional Fianna 149.53 Instructions given to the Official Fianna 149.58 Instructions given to the Provisional Fianna 149.61 Patrick Ward 149.66 Conclusions on the Fianna 149.161 Chapter 150: Paramilitary firing 252 Chapter 151: Other incidents of paramilitary firing and the response of soldiers 253 Paragraph Paramilitary firing at the Mex Garage Army post 151.1 Paramilitary firing at the Embassy Ballroom Observation Post 151.32 Private AD and paramilitary firing from the area of the Bogside Inn 151.57 Private AC and paramilitary firing from the ridge above the gasworks 151.80 Sergeant AA, Private AB and paramilitary firing in the area of Barrack Street 151.102 Lance Bombardier Z and paramilitary firing from the area of Abbey Street 151.165 Stephen Peak’s evidence of firing in the area of Abbey Street 151.193 Paramilitary firing in the area of Long Tower church 151.198 Paramilitary Organisations and Activities on Bloody Sunday 3 Chapter 152: Other evidence said to show paramilitary firing within the five sectors 322 Paragraph Gunner INQ 1997 152.2 Corporal 131 152.4 Rifleman 154 152.8 Lieutenant INQ 22 152.11 Lieutenant Colonel Wilford and Private INQ 1152 152.15 Major INQ 10 152.21 Chapter 153: The question of automatic gunfire 328 Paragraph Shaun Austin 153.2 Michael Brown 153.5 Dermot Carlin 153.6 Donal Deeney 153.9 Hugh Foy 153.13 RM 2 153.16 Thomas Mullarkey 153.19 Sergeant 014 153.23 Gunner 023 153.27 Sergeant 025 153.32 Sergeant 040 153.38 Lieutenant 227 153.43 Lance Corporal 121 153.47 Corporal 126 153.51 Staff Sergeant 129 153.56 Gunner 134 153.59 Corporal 142 153.64 Warrant Officer Class I 164 153.68 Captain Michael Rose 153.71 Lieutenant INQ 22 153.74 Warrant Officer Class II INQ 176 153.77 Sergeant INQ 622 153.80 Private INQ 1282 153.83 Lieutenant INQ 1324 153.86 Lieutenant Colonel INQ 1383 153.90 4 THE BLOODY SUNDAY INQUIRY VOLUME VIII Lieutenant INQ 2238 153.93 Rifleman 160 153.96 Assistant Chief Constable Robert Campbell 153.98 Superintendent Samuel McGonigle 153.101 Ciaran Donnelly 153.106 Robert Hammond 153.111 David Phillips 153.116 Gerald Seymour 153.125 Peter Wilkinson 153.129 Other witnesses 153.133 General considerations 153.134 Chapter 154: Conclusions on paramilitary activities on Bloody Sunday 360 5 Chapter 146: Introduction Contents Paragraph Co-operation of witnesses with the Inquiry 146.20 Status of the witnesses who provided evidence to the Inquiry � 146.25 Submissions on behalf of the majority of represented soldiers 146.28 Late and limited co-operation 146.28 Refusal of republicans to provide information 146.37 The Green Book 146.40 The need for witnesses to obtain clearance to give evidence 146.42 Allegations of intimidation 146.44 Alleged orchestration of evidence by Provisional IRA witnesses 146.49 Official IRA co-operation 146.50 Late identification of paramilitary witnesses 146.52 PIRA 23 146.56 Conclusions on the soldiers’ submissions 146.66 146.1 � As we have noted earlier in this report,1 both the Official and the Provisional IRA had, in the period before and up to Bloody Sunday, engaged in paramilitary activity in Londonderry, as well as elsewhere in Northern Ireland, during which time they had used nail, petrol and blast bombs as well as firearms in pursuance of their aim to bring an end to partition through a campaign of violence. In the course of that campaign, and as we have also described earlier in this report,2 members of the security forces had been killed and injured in Londonderry, the last only three days before Bloody Sunday. 1 Chapters 7, 8 and 9 � 2 Chapters 7, 8 and 9 146.2 � In general terms, the evidence of soldiers was that on Bloody Sunday, before Support Company had gone into the Bogside, someone fired a shot at soldiers by the Presbyterian church and at about the same time someone prepared to throw a nail bomb across William Street at troops in a derelict building. Then, as or immediately after soldiers of Support Company entered the Bogside, they came under threatened and actual firearm and bomb attacks from paramilitaries operating from the Rossville Flats and the car park behind those flats; from the rubble barricade in Rossville Street and its 6 THE BLOODY SUNDAY INQUIRY VOLUME VIII immediate area; from Glenfada Park North; and from other areas. It is, again in general terms, the case advanced on behalf of the represented soldiers that they responded legitimately by opening fire.