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McGartland claims that the government funding he was receiving for treatment for post-traumatic stress disorder was withdrawn after he publicly criticized the British government’s counterterrorism policies.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: https://intelnews.org/2015/07/15/01-1735/

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Expert news and commentary on intelligence, espionage, spies and spying, by Dr. Joseph Fitsanakis and Ian Allen.

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