Ms Amanda Fullerton:

I thank the committee for inviting me to represent the Eddie Fullerton family and the Donegal community that he represented and to update it on our current case, and providing a platform to make our issues heard.

As we approach the 25th anniversary of the murder of Donegal Sinn Féin councillor, Eddie Fullerton, this statement suggests that British security forces and their agents were pivotal in planning and executing the assassination of Councillor Eddie Fullerton within the jurisdiction of the Republic of Ireland. It also demonstrates how An Garda Síochána and the Irish authorities have over the years repeatedly failed the Fullerton family and the people of Donegal by consistently impeding their right to a thorough and transparent investigation into the matter. Eddie Fullerton was running for a third term as a Sinn Féin candidate in the Donegal County Council elections when, in the early hours of 25 May 1991, UDA assassins sledge-hammered their way into his Buncrana home while he lay asleep in bed. They shot him six times in front of his wife, Diana, killing him instantly and then sped back across the border to Derry, where they set fire to the hijacked getaway car. Since then, there have been serious allegations that the murder was a result of collusion and grave concerns have also arisen about the role played by An Garda Síochána which has, over the years, shown little interest in pursuing a proper murder investigation.

A significant eyewitness came forward on the day of the murder reporting vital information that should have been investigated immediately. However, the witness was instead subjected to an intimidating and clandestine interview, conducted by a senior ranking RUC officer and a senior Garda officer, at which no notes were taken. The crucial testimony was buried in 1991 and the Fullerton family was not informed of this significant development at the time. In December 1991, just seven months after the assassination, the Garda held an inquest affording the Fullerton family just a few days’ notice to attend and no time to avail of legal advice or representation. No forensic or ballistics evidence was brought to the inquest, even though we now know that a ballistic link to a previous murder had already been uncovered by the RUC and revealed to the Garda.

Under Section 25 of the Coroner’s Act 1961, a coroner shall, on an application by the senior Garda officer, adjourn an inquest if criminal proceedings are being considered or have been instituted. No such application was made by the Garda. In August 2006 an investigative review headed by a senior Garda officer revealed that forensic examinations had linked the guns used in the murder of Eddie Fullerton to 13 subsequent murders for which there were some convictions. This significant evidence had been known all along by the Garda and the RUC, with no investigative follow-up.

In 2007 the Historical Enquiries Team revealed that the identities of persons suspected of the assassination of Eddie Fullerton had been provided by the RUC to Garda authorities in 1991 and again in 1993 and that the Garda failed to respond in any way. Why? In 2012 the Police Ombudsman for Northern Ireland, PONI, reopened his investigation into the Fullerton murder examining, among other things, the nature of information provided by the RUC to the Garda and actions thereafter and the robustness of the Border liaison process and information exchange specific to the Eddie Fullerton investigation. To provide a context for his investigation, the PONI's team considered the finding of de Silva's report of the Pat Finucane review, which raised concerns about state agencies colluding with the UFF-UDA to target Sinn Féin and Republican activists during the late 1980s and early 1990s.

In 2013 the Police Ombudsman presented the Fullerton family with an interim document summarising the findings of his investigation. Of serious concern to the Police Ombudsman was the Garda's refusal to co-operate in his investigation. He stated:

My enquiry has been hindered by the Garda being unable to allow my investigation team access to any of their murder documentation due to the case still being an ‘open’ murder investigation. The Garda refused my investigation access to retired Garda officers identified, by my investigators, as likely to have relevant information and knowledge that would assist my investigation.

The PONI investigation reaffirmed that the RUC had briefed the Garda on critical information relating to ballistics linking the Fullerton murder to other murders in Northern Ireland for which there had been convictions. The RUC had informed senior Garda officials in 1993 about a significant new line of inquiry pointing to people suspected of being involved in the assassination. These were never followed up by the Garda and, consequently, key suspects were never questioned. Why? The Police Ombudsman also investigated loyalist intelligence caches uncovered in Derry in the late 1980s. Among files found in one cache that originated with British Army sources was one on Councillor Eddie Fullerton containing photographs and contact details. The Police Ombudsman could find no record of Mr. Fullerton's having been informed of this recovery by the Garda or the RUC.

Regarding the witness account that had been buried in 1991, the Police Ombudsman report determined the witness to be a "significant witness", that is a person who witnesses an indictable or triable offence. He declared, “I have no reason to doubt that Person A did meet two senior police officers from both sides of the border as described”. The Police Ombudsman investigation also revealed critical new information of significant relevance to the Garda murder inquiry which the Garda had not previously known. This was transmitted by the PSNI to the Garda for its attention and action in 2013. The PONI investigation into the murder of Eddie Fullerton had instigated a further, more comprehensive, investigation to examine the links between loyalist paramilitaries and the security forces, including the handling and direction of state agents. The Police Ombudsman has stated that the wider PONI investigation, which is due to conclude by the end of this year, will “look further into the RUC’s strategic and tactical response to Mr Fullerton’s murder; this will include the management and sharing of information and evidence with An Garda Síochána”.

The Fullerton family is fully satisfied that there is a clear case to made against the Garda authorities of gross dereliction of duty, deceit and obstruction of justice. Given the disingenuous manner in which we have been dealt with in this matter, we have no faith in any further internal reviews or private inquiries. Our entire faith in the probity of the investigation conducted by An Garda Síochána to date has been fatally undermined.

The issues raised in this statement necessitate forthright action by the Irish Government for the immediate establishment of a fully transparent and cross-jurisdictional public inquiry into the assassination of Councillor Eddie Fullerton and the subsequent flawed murder investigation. The Fullerton family also calls for a reopening of the inquest. Since June 2009, An Garda Síochána has had no contact with the Fullerton family, notwithstanding the open status of the investigation and critical new information transmitted by the PSNI in 2013 which constitutes a new line of inquiry.