IRA spy’s lawsuit against MI5 to be judged in secret, UK court decides

Martin McGartlandA lawsuit against Britain’s Security Service (MI5) by a former spy, who in the 1980s infiltrated the Provisional Irish Republican Army, commonly known as IRA, is to be judged in secret, a court in London has decided. The spy, Martin McGartland, of Belfast, Northern Ireland, was recruited by the Special Branch of the Royal Ulster Constabulary in the mid-1980s. The information he supplied to the security agencies over several years is widely credited with having saved the lives of at least 50 British police officers and soldiers. His autobiographical experiences formed the basis of the 2008 motion picture 50 Dead Men Walking.

However, McGartland’s cover was dramatically blown in 1991, when the IRA began suspecting that he might be an MI5 mole. After several hours of interrogation by the IRA’s Internal Security Unit, McGartland managed to escape his captors by throwing himself out of a third-floor window. He survived serious injuries and was taken into hiding by MI5, living in a series of safe houses across Britain for nearly a decade. In 1999 the IRA caught up with him at an MI5 safe house in North Tyneside, in the northeast of England, where he was shot and left for dead by an IRA hit team while walking to his car.

McGartland is now suing MI5 and its institutional patron, the British Home Office, claiming that they failed to support him after he was shot by the IRA. In his lawsuit, McGartland claims that the government funding he was receiving for treatment for post-traumatic stress disorder was withdrawn after he publicly criticized the British government’s counterterrorism policies. In May of 2013, it emerged that Home Office solicitors had filed a formal request to hold the trial as a Closed Material Procedure (CMP) hearing. This type of practice, which became law in Britain under the 2013 Justice and Security Act, allows the court to decide a case without giving the plaintiff party any details of the information against them.

In many cases, the government resorts to CMP ostensibly to protect ‘sources and methods’. But McGartland’s legal team said that the secret hearing was designed “solely to cover up [MI5’s] own embarrassment and wrongdoing and not, as the Government has been claiming, to protect national security”. Moreover, civil rights groups warned that applying CMP to McGartland’s lawsuit would open the way for the imposition of wider restrictions on the principle of open justice and would normalize secret hearings in the civil courts.

After the judge hearing the case decided to impose CMP on the proceedings, McGartland’s legal team filed an appeal. Now the appeal judges seem to have sided with the Home Office. In a decision published on Tuesday, the judges opined that the imposition of CMP was “a case management decision properly open to the judge and there is no proper basis for this court to interfere with it”. They added that their decision did not represent a blanket approval of secret legal proceedings, but that they expected court judges to scrutinize future CMP applications “with care”.

The ruling means that McGartland’s legal team will not be allowed to hear testimony by certain MI5 witnesses or view court material designated as “sensitive” by the government. Lawyers for the former IRA informant said on Tuesday that the approval of the imposition of CMP represented “a serious aberration from the tradition of open justice”. But lawyers for the Home Office said that the ability to protect sensitive information was central to the proper function of a national security service.

Author: Joseph Fitsanakis | Date: 15 July 2015 | Permalink: http://intelnews.org/2015/07/15/01-1735/

Irish police mole helped entire IRA leadership avoid capture in 1974

Provisional IRA volunteer in the 1970sBy JOSEPH FITSANAKIS | intelNews.org
The former intelligence director of the Provisional Irish Republican Army has claimed that an informant within the Irish police helped the entire leadership of the militant organization avoid capture during a raid in 1974. The raid was conducted in December of 1974 by Garda Síochána, the police force of the Republic of Ireland, in the village of Feakle, County Claire, in western Ireland. On the day of the raid, the entire leadership of the Provisional IRA was taking part in a secret meeting with Protestant clergy, which had been pursued by the separatist organization following the so-called pub bombings in the English cities of Guildford and Birmingham. The bombings were meant to take the war in Northern Ireland to the British mainland, but were eventually deemed disastrous to the image of the IRA. Nearly 30 people died in the bombings, while hundreds were injured, many of them seriously. The secret meeting between the IRA’s leadership and Protestant clergy was part of a wider negotiation campaign between republican separatists and pro-British loyalists, which eventually led to a ceasefire that lasted until the start of 1975. However, an informant had given the Garda accurate information about the meeting location between the IRA senior command and Protestant clergy, and the agency’s Crime and Security Branch planned to swoop on the meeting and arrest the republican militants. However, in an interview with British newspaper The Guardian, the IRA’s former director of intelligence, Kieran Conway, said the IRA leadership managed to escape arrest thanks to “a tip-off from high-placed figures within the Garda”. Conway joined the IRA in 1970 and became director of its intelligence wing in 1974. He left a year later and joined again in 1981 during the hunger strikes by republican prisoners. He left for good in 1993, in protest against the IRA’s decision to sign the Downing Street Declaration, which formed the basis of the IRA’s eventual decision to decommission its weapons and enter the political process. Conway also told The Guardian that the IRA had the support of “prominent members of the Irish establishment” including mainstream politicians, senior bankers, stockbrokers and journalists. Many of these supporters provided safe houses for members of the IRA in affluent neighborhoods of Irish capital Dublin, he claimed. Conway was speaking to promote his recently published book, called Southside Provisional: From Freedom Fighter to the Four Courts. This is not the first time allegations have surfaced about IRA moles inside the Irish Garda. In 2011, an Irish government investigation unearthed intelligence reports claiming that an informant within the agency helped the IRA plan the killings of a judge and two senior British police officers in the 1980s.

IRA ‘tried to kill Queen’s husband’ during Australia visit

Prince Philip and Queen Elizabeth in 1973By JOSEPH FITSANAKIS | intelNews.org
The Provisional Irish Republican Army tried to assassinate Prince Philip, the Duke of Edinburgh and husband of Queen Elizabeth II, during an official Royal visit to Australia in the early 1970s, according to a new book. The claim is detailed in the book Shadow of a Spy, written by Warner Russell, a veteran Australian reporter and retired military intelligence officer. The alleged assassination attempt was uncovered in Sydney on March 15, 1973, during the Prince’s two-day visit to Australia. While there, the Queen’s husband attended a conservation meeting and led an official opening ceremony of a Royal Australian Air Force war memorial in capital city Canberra. According to Russell, two “crude explosive devices” were discovered in Sydney at locations that had been scheduled to be visited by the British Royal entourage. The first device was detected in a trash can in Dowling Street, in Sydney’s downtown Potts Point neighborhood. The second device was found inside a luggage locker at Sydney’s Central Station, a few miles away from the location of the first bomb. The book claims that the two other “suspicious packages” were found, one in a local government building located across the street from an officer’s club that the Prince was due to visit, and another in a trash can at Taylor Square, less than a mile from Central Station. Eventually, the two “suspicious packages” were determined to be “decoys”, says Russell. But the other two devices contained explosive material and were defused by an Australian Army bomb disposal team before being secretly taken to a forensic laboratory for examination. Russell claims that the bombs were defused just minutes before Prince Philip’s group arrived at the two Sydney locations, and Australian authorities were so nervous that they ordered the Prince’s motorcycle escort and protection team to “take evasive action” as they approached Dowling Street. Read more of this post

Police ‘error’ reveals secret deal between IRA, UK government

Provisional IRA muralBy JOSEPH FITSANAKIS | intelNews.org
An alleged police error, which has prompted the release from custody of a former Provisional Irish Republican Army (PIRA) volunteer accused of killing British soldiers, has revealed a secret agreement between the PIRA and the British government. British authorities have long suspected John Downey of involvement in a 1982 bomb explosion in London’s Hyde Park, which killed four British soldiers and injured scores of bystanders. But Downey was released from custody yesterday, after a judge was shown a letter that the suspect had been provided by the British government, assuring him that he was not wanted for outstanding crimes related to PIRA operations. The letter was given to Downey in 2007 by Britain’s Northern Ireland Office; it stated that the former PIRA volunteer would be able to travel outside Northern Ireland “without fear of arrest”. British authorities said that the letter had been sent “in error” and that it should have been withdrawn prior to Downey’s recent detention. But the case has exposed what appears to be a “discreet agreement” between the British government and republican paramilitaries. The agreement is undoubtedly connected to the 1998 Good Friday Agreement. The multi-party accord permitted —among other things— power-sharing between Northern Ireland’s loyalist and republican political parties, in exchange for the decommissioning of weaponry held by paramilitary groups on both sides. But it also stipulated that all prisoners held for crimes related to sectarian violence in Northern Ireland were to be freed. By 2000, most of these prisoners had been released, based on the British government’s belief that paramilitary groups on both sides were unlikely to refrain from violence while many of their members remained in prison. However, there was nothing in the Good Friday Agreement to cover the cases of those “on the run”, namely paramilitaries —most of them republican— who were at large and wanted by the British state for crimes connected with paramilitary activity. Read more of this post

Al-Qaeda attack on Chinese ship uncovers IRA smuggling racket

Provisional IRA muralBy JOSEPH FITSANAKIS | intelNews.org
An attack by Islamist militants on a Chinese cargo ship has unveiled a massive smuggling racket by Irish gangs consisting of former members of the Provisional Irish Republican Army, commonly known as Provisional IRA. The revelation has inflamed existing tensions between Irish Republican militants linked to Sinn Fein –the political wing of the IRA– and a host of smuggling gangs operating on the border areas that connect the Irish state with Northern Ireland, which is part of the United Kingdom. The smuggling case was originally unearthed back in July of this year, when a group of militants linked to al-Qaeda fired two rocket-propelled grenades at Cosco Asia, a Hong Kong-registered Chinese commercial vessel, which is one of the world’s largest cargo ships. The attack, which occurred as the ship was sailing through the Suez Canal, shook the maritime-security world at the time, as it illustrated the rising lawlessness of the Sinai Peninsula following the Arab Spring uprising in Egypt. Ironically, the attack literally blew the lid off a complex smuggling operation. Specifically, one of the RPG rockets struck a container that, according to the ship’s manifest, was supposed to contain furniture. Inspectors who examined the damaged container, however, found that it was full of packets of cigarettes, which were destined to a company in County Louth, Ireland. Upon further investigation, it was discovered that the firm didn’t exist, but was rather a front company for a smuggling gang operating in the Irish borderlands. Shipping inspectors contacted the Gardai, Ireland’s police force, as well as customs officials in Dundalk, Ireland, who proceeded to seize the cargo in September. A subsequent police investigation found that the smuggled cigarettes, which had an estimated street value of €4.3 million, had been purchased by “a consortium” of IRA-linked factions operating in County Louth. In a new report published last weekend, Ireland’s Independent on Sunday said that the same gangs who were behind the failed smuggling operation are also involved in laundering diesel fuel throughout South Armagh in Northern Ireland. Read more of this post

MI5 wants secret court session over IRA informant’s lawsuit

Martin McGartlandBy JOSEPH FITSANAKIS | intelNews.org |
Britain’s domestic intelligence agency, MI5, has requested a secret court hearing to deliberate a lawsuit from a high-profile spy who infiltrated the Provisional Irish Republican Army, commonly known as IRA. The mole, Martin McGartland, of Belfast, Northern Ireland, was recruited by the Special Branch of the Royal Ulster Constabulary in the 1980s. The information he supplied to the security agencies over several years is widely credited with having saved the lives of at least 50 British police officers and soldiers. His autobiographical experiences formed the basis of the 2008 motion picture 50 Dead Men Walking, written and directed by Kari Skogland and starring Jim Sturgess as Martin and Ben Kingsley. McGartland’s cover was dramatically blown in 1991, when the IRA began suspecting that he might be an MI5 mole. After several hours of interrogation by the IRA’s Internal Security Unit, McGartland managed to escape his captors and throw himself out of a third-floor window. He survived serious injuries and was taken into hiding by MI5, living in a series of safe houses across Britain for nearly a decade. However, in 1999 the IRA caught up with him at an MI5 safe house in North Tyneside, in the northeast of England, where he was shot by an IRA hit team while walking to his car one morning and left for dead. McGartland is now suing MI5 and its institutional patron, the British Home Office, claiming that they failed to support him after he was shot by the IRA. In his lawsuit, McGartland claims that government funding he was receiving for treatment for post-traumatic stress disorder was withdrawn after he publicly criticized the British government’s counterterrorism policies. Read more of this post

News you may have missed #829

Raymond Allen DavisBy IAN ALLEN | intelNews.org |
Irish police responds to claims of IRA collusion. For nearly two years, the Smithwick Tribunal in Dublin, Ireland, has been hearing allegations that the Provisional Irish Republican Army had supporters inside the Garda Síochána, Irealand’s police force. This past week, the Garda’s Crime and Security Branch gave the Tribunal a 51-page response to the allegations. The tribunal said it “needed time to read the response” before holding another open session next week.
►►How CIA spy Raymond Davis helped turn Pakistan against the US. The New York Times‘ Mark Mazzetti has penned an excellent retrospective analysis of Raymond Allen Davis imbroglio. In 2011, the CIA contractor was arrested in Lahore for shooting dead two men who allegedly tried to rob him. Davis was only released after the US government offered monetary compensation to the families of the dead men. Mazzetti argues that the furor over the Davis incident threatened to shut down most CIA operations in Pakistan and derail the intelligence-gathering operation in Abbottabad.
►►New book explains CIA shift from spying to killing. Speaking of Mark Mazzetti, he has a new book out called The Way of the Knife: The CIA, a Secret Army, and a War at the Ends of the Earth. In it, he explores the post-9/11 transformation of the CIA from its original mission –spying– to a facilitator of targeted killings for the Pentagon. He told National Public Radio that “the CIA has become a machine for killing in many ways. The counterterrorism center has become […] the sort of beating heart of the agency that does man-hunting. And these question of ‘Should the CIA stay in the killing business?’ […] is something that is unresolved but is certainly being discussed”.

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