Oireachtas Joint and Select Committees

Thursday, 9 November 2017

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Legacy Issues Affecting Victims and Relatives in Northern Ireland: Discussion (Resumed)

4:15 pm

Mr. Ken Funston:

I am keen to know what truth recovery will look like. On one side we have the British and Irish Governments and on the other we have different terrorist groups who could not be classed as honest arbitrators on these matters. The two Governments maintain documents on their actions throughout the Troubles. Terrorist organisations have none. When we enter the truth recovery process we have governments armed with many documents, itemising what each individual did at each time and place on each day, and we have terrorist organisations and individuals who will say everything or nothing and minimise and maximise as suits. I still do not understand how truth recovery can work. Mr. Stack says that we should test it out, but there is no appetite in the North for it, certainly amongst the victims' community.

To add to what Ms McAnerney said on how we can move forward with the Good Friday agreement, we have the Police Ombudsman for Northern Ireland, PONI, which is totally independent and has wide-ranging powers for access to whatever it needs. In the South the ombudsman has to go cap-in-hand to An Garda Síochána to ask for permission to access documents. The Garda can say no or provide everything requested. Ms McAnerney's case is riddled with collusion. The investigation into it has been totally improper because the Garda Síochána Ombudsman Commission, GSOC does not have the power to investigate retired police officers. It can make a report with suggestions, which goes back to An Garda Síochána which then investigates its own people. In Ms McAnerney's case bogus gardaí signed for forensic evidence which was never investigated properly. Multiple pieces of forensic evidence went missing, including a vehicle, an anorak with blood, a balaclava and cigarette butts. It goes on and on. Retired gardaí failed to comply or assist with the investigation. There is a case from County Donegal in which there is clear evidence of collusion with An Garda Síochána; a suspect list was handed over to the IRA which resulted in a murder and an attempted murder. These are two of many cases we are dealing with. We need to see honesty from both sides of the Border, not just one side.

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