Report of the Public Inquiry into the killing of Fergal Caraher — Full Text

Foreword

Fergal Caraher was shot dead by British troops and Míceál Caraher seriously wounded on 30 December 1990. The community in South Armagh were shocked as were people from all over Ireland. The shooting was condemned by people far and wide, many of them calling for an independent inquiry. According to Amnesty International’s June 1991 report, 339 people have been shot dead by the security forces in Northern Ireland since 1969, many of these in disputed circumstances. Since 1969, 27 members of the Security Forces have been prosecuted, 19 found not guilty, one found guilty of manslaughter and given a suspended sentence. Private Ian Thain was convicted of murder, given a life sentence, released after two years and three months and was re-instated into the British army.

These statistics understandably give rise to serious concern about the administration of justice in the North of Ireland and explain why many people are quite cynical about the investigations of the RUC. It was precisely because of this that the Caraher family called for an independent public inquiry into the shootings of Fergal and Míceál. We explained it would be expensive, take a lot of time and it would be emotionally distressing for the family. After consultation with the local community the matter was decided. An inquiry would take place. As the authorities were unwilling to convene one the community decided to take on the responsibility themselves.

At the first organising meeting in Cullyhanna the room was packed. Everyone wanted to help, young and old alike. Gradually before our very eyes, slowly, hesitantly it began to evolve and take shape. We contacted international human rights organisations to see if they would send an official representative to the inquiry. Michael Mansfield QC agreed to act as chairman for the panel of jurists. Groups were written to all over Ireland, Europe and the U.S. and asked to send official observers.

This is a report of the proceedings of the two-day inquiry. It includes submissions made by the family, expert witnesses, and the findings of the jurists. It was a special two days, special for the family, the local community and relatives of other people killed in similar circumstances. It was special because an entire community came together and against all the odds helped organise an historic event. And it was special because it is only the beginning of a process of human rights work, and a very important process of community development.

We worked with the Caraher family, the Cullyhanna Justice Group, and the Irish National Congress for the past 9 months and we feel privileged to have been a part of this inquiry. We marvelled at their organisational skill, their commitment and their courage. We asked during that time why so many people came together? It is a very close-knit rural community and the tragic death of one person from that community profoundly affects everyone within it. We also felt there was a deeper reason. We sensed that the point had come where this community said “no more”. They understood only too well, this time it was Fergal and the silent question remained unspoken, who would it be next time. The inquiry was their way of preventing a next time.

Peter John Caraher has said that the help, commitment and support for Margaret Caraher (Fergal’s widow) and the Caraher family would continue from the community. On behalf of the Cullyhanna Justice Group, Irish National Congress and the community it represents we can assure them that this will be the case.

The Cullyhanna Justice Group is made up of people from the whole of the South Armagh area, irrespective of their own personal, political or religious beliefs. You would only have to be present at any of the organising meetings of this inquiry to appreciate this. No problem was ever too big and time and resources were gladly given by the whole community. The Irish National Congress played a supporting role in assisting the Cullyhanna Justice Group and the local community organise the inquiry.

The shooting of Fergal and the wounding of Míceál brought the ‘shoot-to-kill’ policy to South Armagh and this brought together one of the strongest and most able committees ever formed in the area. A lot of work has been done. But there is a lot more to do and in the coming months we ask for your help and support to find justice.

Caitriona Ruane (Irish National Congress)
Francis McNamee (Cullyhanna Justice Group)

Introduction

There is a tragic irony in the fact that, as this report is being published, we are approaching the 20th anniversary of Bloody Sunday in Derry (30 January 1972) when 13 innocent people were mercilessly shot dead by British troops. Why is it necessary 20 years later for a family and a community to take on the role of a private Attorney General and attempt to uncover the truth and find justice when a member of the community has been brutally killed by the guns of British soldiers. The scenario is surely indicative of the failed judicial system in Northern Ireland.

At the invitation of the Caraher family the Irish National Congress agreed to assist the family and the local community to organise a public inquiry as part of its programme of work to highlight cases of injustice. The shooting dead of Fergal Caraher was the trigger which set in motion a great communal reaction. We were determined that Fergal Caraher would not be just another statistic on Northern Ireland’s bloody death-list, but that it would launch a course of action focussing on the use of lethal force by British security forces in Northern Ireland. The first step was to hold a public inquiry in Cullyhanna, Co. Armagh on 22/23 June 1991 and then to publish this report of that inquiry and related issues.

The issues in this case are similar to those involving hundreds of other victims and their families. It is intended that the inquiry and this report will be a beacon for others, perhaps some not yet bereaved, encouraging them to fight back and challenge the judicial system that treats those whom it is supposed to protect in such a brutal, callous and shameless manner. It is no longer sufficient to “condemn” or be “concerned” or call for public inquiries or reforms. Such killing will STOP only when those responsible are called to account. We state our position clearly — it is our intention to pursue this case by every means possible. We call on Human Rights groups, individuals and those who represent the community to give us every support and assistance possible. Words or gestures of sympathy and concern though welcome are simply not enough now. We will leave no stone unturned in our search for justice. We intend that the killing of Fergal Caraher and the serious wounding of his brother Míceál be a precedent for change.

The resources available to the organisers of the Cullyhanna Inquiry are minimal compared with those available to the authorities, but we have made up for our shortcoming with determination and commitment. We appealed for help from every quarter and we have been overwhelmed by the response, from families of other victims, from the local community, from sections of the churches, from individuals, human rights organisations, community groups, and lawyers. However, from the Northern Ireland Authorities we met nothing but resistance. When we asked the Irish Government to send an observer to the inquiry, they declined. We invited them to meet the Caraher family to discuss the case, but we received only an acknowledgment. Though the Irish Government have expressed “concern” over the killing they apparently have chosen to rely on media and RUC reports rather than hear the testimony of victims and witnesses at first hand.

In a democratic society there should be no need for a community response to such killings as this Inquiry and Report. But because of the deep-seated fears that exist that all the facts of this incident would not be examined under public scrutiny, and because of the lengthy and limited legal process that does exist, attention must be drawn to this case to prevent further injustices. Though the Inquiry had no “official” status in terms of state authority, the inquiry’s most potent authority is that it was public, conducted in an official manner, and that the findings of the jurists are impartial and independent. We are conscious that some parties declined the opportunity to be represented at the inquiry or to make submissions subsequently. That was their choice and their silence must speak for itself.

Since 1982 and the John Stalker investigation, 68 people have been killed in circumstances giving rise to recurring claims that a “Shoot-To-Kill” policy persists in the North of Ireland. The real question is whether there is in existence a policy of “Summary and Arbitrary Execution” by members of the security forces with effective immunity to prosecution? If this is the case, then the more appropriate description of those responsible for the killings are executioners. The statistics surely speak for themselves: since 1969 to the time of printing this report there have been 345 fatal shootings by the security forces in Northern Ireland. There are no known written or official orders to carry out such killings, but they are condoned by the secrecy and the lack of public scrutiny by the authorities. Why does such an armoury of silence exist?

Justice delayed is justice denied. All incidents involving deaths caused by the British Army or RUC by lethal force need to be treated even-handedly, quickly and in public, where all witnesses should be cross-examined in open court, where innocence or guilt is decided by a jury. Confidence in the judicial system will come about only when controversial killings like this one are subject to independent, impartial investigation and when the law is seen to bring justice to bereaved families.

This argument finds support in an Amnesty Report of 11/6/1991: “Amnesty International considers that the procedures used to investigate disputed killing in Northern Ireland are ineffective in establishing all the facts and making them public. The organisation found disturbing the evidence that police investigations may have been deliberately superficial in order to protect security force personnel … It is virtually impossible for the family of the deceased, and the community at large, to challenge effectively official versions of the incidents under investigation.”

Though there have been recent developments in other cases, i.e. the charging of six members of the Parachute Regiment in connection with the killings of Karen Reilly (17) and Martin Peake (17), and referral back by the D.P.P. to the RUC of the file on the killing of John McNeill for further investigation, precedents from previous cases suggest a cautious approach. Suggested reforms, such as introducing new charges to cover situations where to use excessive lethal force would be unjustified amount only to a half-way house. To introduce lesser charges, or disciplinary procedures for breaches of the “Yellow Card” instruction is not an acceptable solution; everyone must be treated equally and even-handedly, whether in or out of a uniform.

Fergal Caraher was deprived of his basic right to life, and there is genuine and justifiable fear that the security forces in Northern Ireland have been placed above the law. Pleas and recommendations are ignored by the British authorities as they trample over internationally recognised human rights standards. As the “home of democracy” preaches to the rest of the world, Britain expects all others to turn a blind eye on the abuses of human rights in Northern Ireland. The legal system in Northern Ireland has at best failed to address itself according to internationally accepted standards, for the protection of the basic right to live. Given the volume of such cases it is fair to assert that a tacit policy of what is termed “Shoot-To-Kill” persists. It seems as if the courts and the judicial system have endorsed such a development, if not dictated it. We are confident that this report will offer hope to all victims of killings by the security forces in Northern Ireland, but in particular the Caraher family. If the state will not bring justice to the community, the community must seek its own justice. This is one such positive and peaceful initiative.

In this report of the inquiry we include submissions made by various groups and individuals that were considered by the jurists, together with the testimony of Míceál Caraher, witnesses and expert opinions, presented at the inquiry itself. The jurists having considered all the evidence available, together with the submissions, have produced their findings and recommendations that we include as part of this report by their kind permission. We would like to thank everyone who has assisted us with this inquiry and report. A special word of gratitude must be said to the families of all involved, for their support and tolerance.

T. Cullen, B.C.L., B.L.
Inquiry Co-ordinator
Irish National Congress National Executive
November 1991

Profile of Fergal Caraher

Fergal Caraher was shot dead by the British Army on 30 December 1990. He was 20 years of age when he was killed, married to Margaret with a one-year-old son, Brendan. Fergal is the fifth eldest of a family of nine children born to Peter John and Mary Caraher, Cullyhanna. Peter John is a local farmer and Mary deputy headmistress in St. Patrick’s School, Cullyhanna. Fergal, following the example of his parents, was committed to work within the community, was a member of St. Patrick’s Youth Band, had played on the local Gaelic football school team. He played an active role in all the activities in his local community. He was a member of Sinn Féin.

Fergal went to St. Patrick’s primary school, Cullyhanna and St. Colman’s College, Newry. On leaving school he worked in Newry meat factory until an industrial injury forced him to leave. Fergal was a very popular member of the local community, well liked by young and old. Fergal was married less than two years when he was killed.

The full text of the submissions at the inquiry, the submissions subsequently considered, and the three appendices follows the same cleaned text from the printed report. Because of length, those sections are available as linked pages:

• Submissions at the Inquiry
• Submissions subsequently considered
• Appendices A, B and C

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