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Birmingham Six Case Shocks Britain; Some See Parallels to U.S. 'Justice'

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Birmingham Six Case Shocks Britain; Some See Parallels to U.S. 'Justice' Click here for Full Issue of EIR Volume 18, Number 13, March 29, 1991 Birmingham Six case shocks Britain; some see parallels to U.S. Justice' by Our Special Correspondent On March 14, the Court of Appeal in London reversed the Amnesty International fraud convictions of six Irishmen, jailed for 16 years in Britain for Defense solicitors like Miss Gareth Pierce and Alistair crimes they never did commit. The men, the "Birmingham Logan worked seven days a week for over a decade, taking Six, " were accused of having set off bombs in two pubs in enormous financial losses.But Amnesty International, which Birmingham in 1974, killing 21 and wounding 162. continues to assert that there are no, political prisoners in the British Home Secretary Kenneth Baker had to announce United States, would not touch these Irish cases in its own in Parliament after the reversal that a Royal Commission frontyard-Amnesty is based in London-untila press cam­ will examine the entire British criminal justice system. All paign by the defense lawyers made the thing so hot they could recent major prosecutions of IRA "terrorists " have been no longer afford to stay out of it. overturned. Amnesty has also refused to touch the case of Lyndon Back in 1974, England was swept by a lynch mob mood LaRouche until now, calling it "not:political, " but, in a letter like that among Americans today when they hear the word we excerpt here, an English lawyer familiar with both cases "Iraq." Six unfortunate Irishmen were arrested at Liverpool, says they are both political frameups. boarding the ferry to Belfast hours after the bombings, to There is a clamor abroad in England now for Lord Chief attend the funeral of an IRA man. They were dragged to a Justice Lane, who presided over the Six's appeal in 1987, to West Midlands police station, beaten to a pulp, and made resign.But can the whole High Court judiciary resign? to sign confessions.Under English law, a confession, though "There was no evidQice to suggest the Six had received backed by no other proof, is itself a proof. In 1975, the six any knocking about in custody beyond the ordinary," said were sentenced to life imprisonment. Their trial lasted 45 then-Lord Chief Justice Widgery, refusingleave to appear in days, the jury overwhelmed with 132 charges and 100 wit­ 1976. nesses.Eight of those days were in camera proceedings from "If this action is allowed to proceed to trial, if the six men which the jury was barred, dealing with the admissibility of fail, it will mean that much time aM money will have been police evidence. Mr. Justice Bridge found nothing wrong expended . .for no good purpose. If the six men win, it with that; in summing up to the jury he said he was "lost in will mean the police were guilty of perjury, that they were admiration for the way these police officers have done their guilty of violence and threats . • that would be such an job." Had the death penalty still existed, they would all have appalling vista that every sensible person in the land would hanged. say: It cannot be right these actions should go any further, " The government did take the trouble to come up with Lord Denning said, in dismissing the Six's civil action forensic evidence that two of the accused had handled nitro­ against the Home Office in 1980. glycerin.But they did not tell the Crown until 1987 that Dr. The same Lord Denning told the press in 1990: "We Herbert Bamford of the police lab, who swabbed the hands shouldn't have all these campaign$ to get the Birmingham of passengers on the Belfast ferry that night, found two other Six released.If they'd been hanged. they'd have been forgot­ passengers with apparent "nitroglycerine contamination, " ten, and the whole community would have been satisifed." which came from adhesive tape used to wrap parcels.Dr. Also in 1990, Lord Cowie for the Appeal Court suddenly Bamford later said his fellow scientists in the lab agreed the said: "There is no obligation on the Crown to disclose any Griess test used was "not absolutely specific for nitroglycer­ information in their possession whichwould tend to exculpate ine." It is now known that the Director of Public Prosecutions the accused. " had heard of Bamford's material in 1987, but never disclosed it to the defense. Lastly, the identities of the real murderers Worsthorne: deport the Irish were known since 1985 at the latest. Then there was the famous October 1988 editorial by EIR March 29, 1991 International 45 © 1991 EIR News Service Inc. All Rights Reserved. Reproduction in whole or in part without permission strictly prohibited. that prophet of the Gulf War, Sir Peregrine Worsthorne, "When Irish Eyes are Suspect, " of which I quote a few choice words: "In the special case of terrorism, 10 innocent men con­ victed could well be a lesser evil than releasing a guilty English lawyer,writes to one .... In the aftermath of a major IRA outrage, the police trawl Thornburgh on. LaRouche for Irish suspects.Doubtless lots caught in the trawl are only Republican sympathizers, rather than terrorists proper. Such The similarity between the Birmingham Sixcase and that people may not positively help the IRA. But nor are they of Lyndon LaRouche is noted in a letter written March 6 properly speaking, innocent.Certainly they withhold infor­ to U.S. Attorney General Richard Thornburgh byIan D. mation which would help catch the bombers, and serve the Leigh, Lecturer in Law at Newcastle UniversityEngland. IRAin other ways.Many Irish priests do too, supplying safe Mr. Leigh writes in his own nameand not as a spokesman houses . all these hangers-on are certainly accom­ for the faculty. Excerpts of theletter follow: plices .... A more ruthless state than Britain would simply deport Dear Attorney General: all Irish Republican sympathizers. As it is we make them U.S.A. v. Lyndon LaRoucheet al. welcome, allow them to vote, and enjoy all the other privi­ I am writing to you as a Constitutional lawyer with leges of citizenship. particular interests in national security and civil liberties, "Is it really reasonable to expect the police to apply about a case of serious conQern. Although the case is a to the Irish population in this country the presumption of domestic United States one, it is now raising international innocence that they apply to other citizens? I don't believe concern over the legal process and the recognition of hu­ that it is. Guilty many of them certainly are of making up man rights in a similar way to the "Guildford Four " and that hinterland of suport and sympathy without which the "Birmingham Six " cases in my own country.Many law­ terrorists could not do their deadly deeds.. .. Did the yers like myself who had regardedU. S.protection of civil conviction of the Guildford Four and Birmingham Six at liberties to be far advanced tp that in our jurisdiction are least temporarily deter that hinterland? . There is some now being forced reluctantly to reevaluate as a result. It reason to suppose that this is what it did." involves the conviction of a political activist and former The Queen made similar, if more veiled remarks, in her U.S. presidential candidate, Lyndon LaRouche, and a bloodcurdling New Year's message for 1991 on Iraq-and number of his associates on fraud and conspiracy charges Ireland. on January 27, 1989 .. .. The surrounding circumstances and procedural U.K. as a theocratic state irregularities at the trial lend considerable credence to the Moan as he may, the truth is that England's ruling classes defendants' allegations that ,they have been the victims arenot the hapless victim of Irish terrorism.The IRAtoday­ of political persecution. .' I am not qualified to judge with some complications-is nothing but a plaything of Brit­ whether the allegations that LaRouche's political move­ ish intelligence, part of England's ongoing drive to harry ment was specifically targeted and smeared by the U.S. and eventually to overthrow the Republic of Ireland, and an federal authorities can be substantiated.However, the de­ integral part of the machinery for keeping people down inside tailed allegations made in the case papers (which I have the "United " Kingdom itself. read) seem to me to raise an inference of wrongdoing The truth is also, that laws have been in force since 1974, which at the very least requires detailed rebuttal by the giving Sir Perry, known to be close to the Royal Household, U. S. government and thorough independent investiga­ exactly what he says he wants. tion. The unimpeded exercise of the rights of political Under the Prevention of Terrorism Act, passed in the wake of the Birmingham bombings, and overhauled in 1989, the Home Secretarycan forbid British subjects from Northern Ireland (Ulster) from entering England-eventhough North­ The new 1989 act gives the police much greater powers ern Ireland is part of the United Kingdom, and Ulstermen to rifle through privileged documents, such as bank records, bearBritish passports.Under the PTA, it is a crime for a man or even attorneys' files.The pQlice need only say that they torefuse to disclose identity and movements to policeofficers want the documents for a "terrorist investigation." Further­ questioning him under the act.It is a crime to withhold infor­ more, the 1988 Immigration Act has given the police a new, mation concerning acts of terrorism, or which "might help " non-judicial, procedure to deport people. The Home Office apprehend terrorists. had a field day with that during the Gulf war.
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