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The Rosemary Nelson Inquiry Report Return to an Address of the Honourable the House of Commons dated 23 May 2011 for The Rosemary Nelson Inquiry Report Chairman: Sir Michael Morland Panel: Dame Valerie Strachan DCB Sir Anthony Burden O St J, QPM Ordered by the House of Commons to be printed on 23 May 2011 HC 947 LONDON: THE STATIONERY OFFICE £58.50 © Crown copyright 2011 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is also available for download at www.official-documents.gov.uk ISBN: 9780102971071 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002414366 04/11 5085 19585 Printed on paper containing 75% recycled fibre content minimum. Delivered to the Secretary of State for Northern Ireland in terms of Section 44 of the Police (Northern Ireland) Act 1998: Sir Michael Morland Dame Valerie Strachan DCB Sir Anthony Burden O St J, QPM Table of Contents Chapter Title Page Foreword . 5. Chronology . .7 . Abbreviations . 11. Part A The Murder of Rosemary Nelson . .17 . 1 The Genesis of the Inquiry . 19. 2 The Course of the Inquiry . .25 . 3 Rosemary Nelson’s Background and Early Career . .27 . 4 Solicitor for Colin Duffy . 33. 5 Solicitor for the Hamill Family . .67 . 6 Solicitor for the Garvaghy Road Residents’ Coalition 1996–1997 . 71. 7 Solicitor for the Garvaghy Road Residents’ Coalition 1998–1999 . 91. 8 Reports of Abuse and Threats . .105 . 9 Other Sources of Conflict with the Royal Ulster Constabulary . 115. 10 Royal Ulster Constabulary Views of Rosemary Nelson: Lurgan Criminal Investigation Department and Senior Uniformed Officers . .123 . 11 Royal Ulster Constabulary Views of Rosemary Nelson: Special Branch . 131. 12 The Use and Dissemination of Intelligence About Rosemary Nelson . 137. 13 Loyalist Perception of Rosemary Nelson . .155 . 14 The Security Service . 161. 15 The Army . 179. 16 The Role of Non-Governmental Organisations . 195. 17 The Investigation of Complaints . .213 . 18 Senator Torricelli’s Letter . 233. 19 The UN Special Rapporteur’s Visit to Northern Ireland . .239 . 20 The Lawyers Alliance for Justice in Ireland Delegation to Northern Ireland: February 1998 . 259. 21 The February 1998 Threat Assessment . 265. 22 The August 1998 Threat Assessment . 273. 1 Chapter Title Page 23 Security Measures for Two Leaders of the Garvaghy Road Residents’ Coalition . 289. 24 Demand for Security Measures for All Members of the Garvaghy Road Residents’ Coalition . 299. 25 Northern Ireland Office Views of Rosemary Nelson . 305. 26 Awareness of Rosemary Nelson at Royal Ulster Constabulary Headquarters . .313 . 27 Rosemary Nelson’s Evidence to US Congress . .325 . 28 Emerging Loyalist Threats in the Aftermath of Drumcree 1998 . 331. 29 The Weekend Before Rosemary Nelson’s Murder . 343. Part B The Murder Investigation . 351. 30 The Early Stages of the Murder Investigation . .353 . 31 The Murder Investigation Continues . 375. 32 Unexplained Security Force Activity . 411. 33 Helicopter Activity . .419 . 34 Operation Fagotto . 443. 35 Conclusions on the Issue of Due Diligence . .457 . Part C Afterword . 463. Overall Conclusions . 465. Appendices Structures A Royal Ulster Constabulary Command Structure . .471 B Royal Ulster Constabulary Regional Structure . .472 C Special Branch Headquarters (1996 onwards) . .473 D Special Branch South Region . 474 E Army Intelligence Northern Ireland . 475 F Northern Ireland Office – Senior Structure . .476 G Northern Ireland Office – Security and Policing, and Political Affairs Directorates . .477 H Northern Ireland Office – Police Division . 478 2 Chapter Title Page Flowcharts I Document Flow – The February 1998 Threat Assessment . 479 J Document Flow – The August 1998 Threat Assessment . .480 Maps K Northern Ireland – Small Scale . .481 L Royal Ulster Constabulary Divisional and Sub-Divisional Boundaries . 483 M Lurgan . .485 N Portadown . .487 O Complaints Investigations; Summary of the Regulations . .489 . P A Memorandum by Sam Kinkaid – Improvements in PSNI Procedures for Murder Investigations since 1999 . 493. Annex E of the St Andrews Agreement . 503. 3 Foreword We should at the outset make clear our approach to fulfilling our Terms of Reference. We have sought to establish the truth, insofar as it could be established. Where we are completely satisfied that something did or did not happen, we say so. Many of the issues we examined, however, are not capable of proof one way or the other. In those cases, we have weighed up what has been put on paper and what has been said to us in oral evidence and used our combined experience and judgment to reach a view on what is most likely to be the truth. We should also say that we recognise that the context in which these events happened was extraordinarily difficult. We do not underestimate the problems and personal danger faced by the agencies and individuals whose work we have been examining. For example, during the Troubles, over 300 Royal Ulster Constabulary officers lost their lives and over 7,000 were injured; over 700 British military personnel were killed and over 6,000 were injured. Partly for that reason, we have in general not named the members of these organisations, with the exception of those who were senior and public figures. Since what is of interest to us is the way in which they discharged their duties in the particular posts in which they were employed, we have considered it sufficient to refer to these individuals by the title of the post they held. We would never have been able to complete our Inquiry without the cooperation and help that we received from the Full Participants, their Counsel and Solicitors, witnesses from all walks of life, and others. We wish to record our gratitude to those who gave us that cooperation and help. Our especial thanks go to all our staff; some worked for us for years, others for shorter periods; all laboured with great assiduity, enthusiasm and good humour, often in stressful conditions and for long hours. The standard of research through the maze of the immense volume of documentation was of the highest. The conduct of our Counsel in preparing for and during our oral hearings could not have been bettered. We are greatly indebted to them all. We particularly wish to record our thanks to our three Secretaries: Hugh Burns who set up the administration of the Inquiry, oversaw the obtaining of documents and evidence and paved the way to our oral hearings; Celia Mainland who managed the smooth running of the oral hearings; and, last but by no means least, Stephen Myers who marshalled the material for the Report and got it into a state to be printed. Any errors or omissions are solely our responsibility. Sir Michael Morland Dame Valerie Strachan Sir Anthony Burden 5 Chronology Date Event 12 February 1989 Murder of Patrick Finucane March 1989 Rosemary Nelson sets up her own solicitor’s practice in Lurgan 24 June 1993 Murder of John Lyness in Lurgan June 1993 Rosemary Nelson instructed by Colin Duffy in Lyness case 7 July 1996 Orange Order parade from Drumcree Parish Church along Garvaghy Road, Portadown 7 July 1996 Murder of Michael McGoldrick, a Catholic taxi driver, by Loyalist paramilitaries 24 September 1996 Colin Duffy’s conviction for murder of John Lyness quashed 3 October 1996 Rosemary Nelson tells Jane Winter of British Irish Rights Watch (BIRW) that she has been the subject of abuse and threats from Royal Ulster Constabulary (RUC) officers interviewing her clients 4 November 1996 (Sir) Ronnie Flanagan appointed Chief Constable of the RUC February 1997 Rosemary Nelson’s Republican clients allege that interviewing RUC detectives made abusive and threatening comments about her 13 March 1997 Lawyers Alliance for Justice in Ireland (LAJI) letter to Sir Louis Blom-Cooper alleging that Rosemary Nelson threatened 9 April 1997 RUC Complaints and Discipline investigation into LAJI complaint begins 11 April 1997 Independent Commission for Police Complaints (ICPC) decides to supervise investigation into LAJI complaint 15 April 1997 Senator Torricelli’s letter to British Ambassador in Washington alleging that Rosemary Nelson threatened 27 April 1997 Robert Hamill fatally injured by Loyalists in Portadown 3 May 1997 Dr Marjorie (Mo) Mowlam appointed Secretary of State for Northern Ireland (SOSNI) 6 May 1997 Rosemary Nelson writes letter of complaint to the RUC on behalf of the family of Robert Hamill 29 May 1997 Having spoken to Deputy Sub-Divisional Commander Lurgan, Superintendent with RUC Complaints and Discipline forwards copies of LAJI and Torricelli letters to Sub-Divisional Commander Lurgan 16 June 1997 Murder of Constables Johnston and Graham in Lurgan 7 Date Event 23–25 June 1997 Colin Duffy arrested, detained at Gough Barracks and interviewed in respect of murders of Constables Johnston and Graham 25 June 1997 Colin Duffy charged with murders of Constables Johnston and Graham 6 July 1997 Rosemary Nelson allegedly assaulted and abused by members of the RUC on Garvaghy Road 15–18 July 1997 Trevor McKeown arrested, detained at Gough Barracks and interviewed in respect the murder of Bernadette Martin, a Catholic 19 July 1997 Provisional Irish Republican
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