Submissions at the Inquiry
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Submission by Fr. Raymond Murray — 23 June 1991
Amnesty International has just celebrated its thirtieth birthday. People involved in the campaign for human rights in Northern Ireland are grateful to them for their interest in the protection of citizens of the North from the illegal acts of those in charge of the law. One calls to mind their reports of February 1972 and June 1978 on ill-treatment of those detained under emergency laws in interrogation centres, and reports in 1988 and 1990 on “Killings by Security Forces in Northern Ireland.” Now, in a new report entitled United Kingdom Human Rights Concerns, Amnesty International has condemned British Government secrecy in police and military investigations. It renews its call for an independent judicial inquiry into disputed killings by security forces in Northern Ireland.
There have been other reports on killings connected with the security forces in Northern Ireland. The British Government conducted a public inquiry under Lord Widgery (April 1972) into the shooting dead of 14 citizens by British Army paratroopers in Derry on 30 January 1972. The Association for Legal Justice conducted two international inquiries into the use of plastic bullets in August 1981 and October 1982. In 1984 an International Lawyers’ Inquiry published its report on the lethal use of firearms by the security forces in Northern Ireland. The British Government ordered an inquiry into the shooting dead of six unarmed men and the wounding of another in County Armagh in 1982; there have been allegations that John Stalker who conducted the first part of the inquiry was deliberately obstructed by senior police officers. In 1989 Cambridge deputy chief constable John Stevens conducted an inquiry into collusion of security forces with loyalist paramilitaries.
The Association for Legal Justice, Fr Denis Faul, the late Fr Brian Brady, and myself, Silent Too Long, the United Campaign against the Use of Plastic Bullets, the Irish National Caucus in Washington and other groups and individuals have for long years campaigned against the corruption of law in Northern Ireland. Harassment, brutality, ill-treatment, torture, internment, severe prison conditions, sanctioned or tolerated by the state, have for twenty years distorted the face of Northern Ireland. Diplock courts, use of verbal statements and supergrasses, blackmail of young persons by security forces, semi-official assassinations, plastic bullets, and official “shoot-to-kill” policies have eroded confidence in the law.
The forces of the state have been responsible for unjust killings, direct murder and indirect unjust killings and murder by collusion with loyalist paramilitaries. From the deaths of Samuel Devenney and John Gallagher in 1969 at the hands of the RUC to the shooting dead of three IRA men by the SAS in Tyrone on 3 June 1991 one can list some 150 direct administrative killings and scores of indirect killings manipulated by the British Intelligence system. Since the 1982 killings investigated by John Stalker 67 civilians and paramilitaries have been shot dead in “Shoot-to-Kill” operations. Twenty of these were civilians and 47 paramilitaries, of whom only two were loyalists.
After the security forces kill people they seize the initiative by gaining a first story in the media. This is very hard to counteract. There are four categories of killings carried out by the security forces: (1) a “bad” soldier or policeman who kills from a motive of revenge, hatred, bigotry, racism; (2) murders and unjust killings by front-line regiments like the marines or paratroopers; (3) civilians executed in error by the SAS, other undercover soldiers or the RUC; (4) cold-blooded ambushes of republican paramilitaries — no challenge, no arrest contemplated. These murders have the official backing of the British Government. The Gibraltar murders are an example of that.
Only one British soldier has been sentenced to life imprisonment for the murder of a Catholic civilian — Private Ian Thain who murdered a Belfast youth called “Kidso” Reilly. He was released after serving only two years and three months of his sentence. It was revealed that his services had been retained by the British Army during his imprisonment. On release he returned to his regiment. The recent Amnesty Report says there have been 21 prosecutions since 1969 of the security forces for using firearms while on duty in Northern Ireland (not including sectarian killings). Nineteen of these were found not guilty. One was convicted of manslaughter and given a suspended sentence. Just one — a soldier — was convicted of murder and released after serving two years and three months of his sentence and had been reinstated in the Army. A total of 339 people have been killed by the security forces during the same period.
In November 1990 I published a 500-page book on the SAS in Ireland. The SAS is an assassination squad, like the South American death squads, and it is acting outside the law. They kill persons when they have opportunities of arresting them and they have been known to shoot wounded and incapacitated persons lying helpless on the ground. Such actions are contrary to the moral law, the law of the land and the rules of war. The families of victims of government killings have had to endure a double suffering, bereavement of course but also the “biographies” issued after the event. Amnesty International’s June 1991 report called for an independent inquiry which should look into the legislation and regulations governing the use of lethal force, as well as into the procedures used to investigate disputed incidents. The Government of the United Kingdom has constantly refused to do this. What can make it?
Submission by Fr. Malachy Conlon — 23 June 1991
My brief for today’s presentation is to outline the environment in which the killing of Fergal Caraher and the injury of Míceál Caraher took place with particular reference to harassment by British Army and RUC. This is an onerous task. There is the danger of being misinterpreted; the danger too that this enquiry may be misunderstood and so it is of crucial importance that we emphasise again the aim of this enquiry, that we remind ourselves again that we are in search of truth. It is my belief that this inquiry should not be taking place but rather that those responsible for law and order should have sought the truth through the establishment of an independent public inquiry.
Dr. Cahal Daly, Archbishop of Armagh, said in his statement: “Many responsible people are completely unconvinced by the account so far given by the British army. It is vitally important that the whole truth be established. There must be no question or suspicion of a security forces cover-up.” Despite many appeals from eminent church and state officials the Secretary of State appears to see no need for such an independent enquiry and it would further suggest that he is prepared to settle for less than the TRUTH.
I am a Catholic priest working as Chaplain to one of the largest schools in the North of Ireland, St Paul’s High School, Bessbrook. I spend most of my time working with young people and am deeply concerned about the impact that violence is having on them. It was in November that the Marines arrived in South Armagh and from the outset they claimed to have been sent in to clean out the area and from an early stage they boasted that they were “answerable to no-one.” The behaviour of these soldiers was a regular topic of conversation and just before Christmas I received a number of telephone calls from parents who were very concerned about what was happening — children afraid to return home after a disco, parents insisting that their children do not come home, grown men and women who were literally afraid to go about their normal business.
Let me outline a few cases. Case Number 1: I was stopped by a joint Army/Police patrol. Another car was being searched. The RUC officer told me to be careful as there was not much room. I drove on and was practically abreast of the other car when a soldier jumped out of the ditch shouting and screaming — ran towards my car with his gun in a firing position. He put the gun into my mouth and I did not know what was happening but felt sure the soldier was intent on killing me. I was later admitted to Daisy Hill Hospital, Newry where I was treated for severe shock.
Case Number 2: Stopped and asked for identity — told to get out of the car and open the bonnet and boot. “You’re going nowhere for 4 hours.” A soldier took the keys. “Your wife is a fat pig — What did she ever see in you? You have molested 5 or 6 children in this area.” They searched my body and told me that I was smelly. The group of soldiers then began to hit me with snowballs. A soldier grabbed my shoulder and said angrily, “Face us when we are talking to you.” He then began to click his rifle up against my head. Another soldier came over — he was shaking and very angry; he said, “I really hate you and would love to kill you.” I was left standing for about 20 minutes. A soldier then got into the driver’s seat of my car, took my cap off and put it on his head and asked the other soldiers to take a photograph. The soldier then pulled the back seats out of the car and tore the speakers out of the door. A senior officer came over and said, “You’re lucky I’m here because these boys were going to kill you.” Three soldiers then held me and one continued to kick me until I was no longer able to stand. I fell to the ground and the three soldiers stood on my back. On leaving one of the soldiers hit me with the butt of his rifle and I lost consciousness. A neighbour brought me to a doctor who admitted me to Daisy Hill Hospital.
Mr Seamus Mallon MP for Newry and Armagh stated that since the killing of Fergal Caraher the level of fear and tension in South Armagh has reached a new level which should never be inflicted on a community in any society. This stems primarily from behaviour by some soldiers which must be stopped — and stopped now — before further tragedy is visited on the people of South Armagh. Army harassment, especially of young people, has reached dangerous proportions with some people being threatened that they would be shot; others have been subjected to insulting behaviour and verbal assault; I am aware of others who were physically assaulted in such a severe way as to require medical attention.
I decided to contact the RUC in Newry about these and other complaints. I could not even get courtesy from either the duty sergeant or from the duty inspector. So frustrated was I that I brought the situation to the attention of Mr Seamus Mallon. He invited me to attend a meeting with the brigadier in Armagh. This meeting took place on 14 January 1991 and the commanding officer of the Marines in South Armagh was present together with Brigadier Derek Woods, Mr Mallon and myself. It was a heated meeting and Colonel Thompson stoutly defended his men. Assurances were given that each of the cases would be investigated thoroughly. In response to case number one it was stated by the RUC in Newtownhamilton that this man had taken an epileptic fit. There is no medical evidence to suggest that this man suffered any such fit and it is clearly stated by his own GP that he has no history of epilepsy. In response to case number two it was agreed that a “minor assault” took place. Because this man would not make a formal complaint the RUC could not take any actions.
In conclusion I have attempted to outline for this enquiry the atmosphere prevalent in South Armagh in the time before and after the shooting of Fergal Caraher. Having lived in South Armagh all my life, seldom did I experience such fear in the minds and hearts of a people who have suffered too much. I, without reservation, condemn all violence, and feel that the violence of the institution, namely the RUC and the British army, is one of the sickest forms of violence and is one of the greatest recruitment agents for the paramilitaries. The success of this inquiry will be in its unrelenting search for the truth.
Submission by Margaret Caraher — 23 June 1991
I was at home in my own house with two friends when my sister Loretta, Dr. Allen and my sister-in-law Maria came in. Loretta looked as if she had just been crying; she then said “I don’t know how to say this so I will just come straight out and say it — Fergal is dead.” I felt total disbelief and thought this is something that happens to someone else. Maria suggested that I go up to her mother’s and I was in a daze. I worried about packing food for my son and did I turn the oven off. That evening we were in Peter John’s house most of the night and neighbours and friends came and sympathised. I was advised to go home to my father’s house and get some sleep but on the way I had to call to my house and pick up a few things. I was very aware of making myself not think about what happened. It was too much for me to deal with.
Up to the funeral when people asked I just kept saying “I’m fine, I’m fine” but on the day of the funeral I realised that I wasn’t fine. At that time I felt really proud of Fergal and what he meant to all these people. I felt a real sense of belonging to the community, a strange sense of security. At first I avoided talking about Fergal to anyone to avoid facing it. The next couple of weeks I was so busy with practical things, death certificate, financial matters, and solicitor Thomas Tiernan, that I didn’t have much time to think about it. Also we were all very worried about Míceál. We wanted him at least to pull through. However, it was accepted among the family that we were going to do something. We weren’t just going to let it go.
I went to one of the first meetings with people from Irish National Congress in Dundalk and we had a meeting about the inquiry. I felt encouraged by the support from the Irish National Congress, meeting with people who had experience with these kind of things. I felt out of my depth and intimidated at the thought of it. I also felt negative about it, because of what we were up against and the slim chances of being successful. After a couple of meetings I began to get used to the idea. I knew I wasn’t going to be left on my own, that if things came up that I felt I couldn’t handle there were people there to help and support me. I also felt that we were all in it together and learning from each other and from our own mistakes. It lifted my confidence and it was good to know that people hadn’t forgotten Fergal and what happened.
Those weeks up to the inquiry and especially the last week were very busy. There was a feeling of growing anticipation mixed with being a nervous wreck. It was a great help to be a member of the Cullyhanna Justice Group and be totally immersed in the day-to-day organising of the inquiry. At one particular meeting we were all in the meeting room stuffing 3,000 envelopes with information about the inquiry and it really lifted my spirits to see people believing in what we were doing and feeling maybe for the first time this is really going to happen. And here we are. It is very overwhelming and emotional to see the jurists who have travelled from far and wide, given up their time, the observers who came here from all parts of the world to look for the truth regarding the shooting of Fergal and wounding of Míceál. Without the support of the INC and the legal team this inquiry would not have happened.
Finally I deeply appreciate the support from the Caraher family, my close friends, and most especially my own family for both their practical and their emotional support. I couldn’t have done this without them. I feel that there was absolutely no justification for shooting Fergal. I feel angry, hurt, and appalled. I am left without a husband and my son, Brendan, without a father. I don’t want any other family to go through what we are going through. Fergal’s death isn’t forgotten, he is still very much in our hearts, we are all proud of him, we miss him and we will do our utmost to see that justice is done. Thank you.
Submission by Peter John Caraher — 23 June 1991
The month before Fergal was shot dead and Míceál wounded I noticed that there was a lot of harassment in the local area of the local people by the British Army. They were very aggressive, hostile, and unmannerly at checkpoints, very abusive physically and verbally. Coming up towards Christmas they told different people in the area that they would shoot somebody before Christmas. In the middle of December a carload of local lads had their driving licences taken from them by an army patrol. They took them out of the car and said they wanted to get a good look at them in case they were some of the bastards they would have to shoot before they would leave. They told me themselves that they would shoot me in Cullyhanna before they go away. Then when I came on to the evening of the incident my son Francis and a couple of his friends called over to the house and called me out. They told me there was shooting over the road and that Fergal and Míceál had been shot. I was eventually told that Fergal was dead and that Míceál was still breathing.
When I went to see about my son down the road I was stopped by British soldiers and they wouldn’t let me go any further. At that stage I didn’t care if they shot me or not, I just wanted to see how my sons were. Then I thought of John behind me, he would be shot too, I thought of my wife Mary, and didn’t want to add to her worries. One soldier told the other to train his gun at that “fucker’s head and if he moved blow him to fuck.” Carol Quinn was standing in the doorway of her shop and they tried to push her inside. She wouldn’t go in. I felt they wanted her to go inside so they would shoot me. All this time the gun was pointed against the back of my head. The soldier then came down from the shop, pulled the other soldier back and whispered in his ear. What he said I don’t know. They then made me turn the car on the road and when I was about to move off back the road, stopped me again and said I couldn’t proceed unless I gave my name and address and produced identification. I explained to them that they already knew my name as they were calling me Mr. Caraher. They insisted on seeing identification before they let me move off. I got going up the road half a mile or so when we were stopped by the police and more soldiers and they told me that I couldn’t go that way. I’d have to go back the way I came and I told them that I was turned back that road a minute ago and he said go up that road or sit where I was but that they were not allowing me through. I sat there for about five minutes and another policeman let me go ahead. We went to Newry and there we found out what had happened in the hospital. We came back home to our house and I was dreading coming home to Mary but she was very strong and calm. We got through the night I don’t know how. The next day when myself and my brother were going to the funeral undertakers we met the army on the road again and we got the same harassment. They searched the car, laughed and jeered at us.
From the very beginning I was determined that we would get to the truth. When asked by journalists how long we would continue this quest for the truth I told them until I died or we got a satisfactory answer whatever came first. The very next day Caitriona Ruane, Nora Comiskey and Thomas Cullen from the Irish National Congress came to the house to discuss the possibility of organising an inquiry. It meant an awful lot at that time, this offer of help. From then on we never looked back. I was never contacted by the Police or Army or any of the authorities to let us know that Fergal was killed and Míceál wounded. Margaret, his wife, and Brendan his son were never contacted either. It is a terrible indictment of any State that doesn’t inform you of a citizen’s death and especially when that death is caused by the State.
Since then, over the past six months, our family have been constantly harassed. Fergal’s name has been used with disrespect and the same fate was promised both Phelim and Cathal, two of our sons. On one particular day they came round to our house, laughed at photographs of Fergal and when Cathal who is 17 years old and myself went to the door they assaulted Cathal. At another time they said to Joanne “I saw you on T.V.” Joanne denied it. Then they said “Let’s hope we don’t see you on it again.” I feel very angry, first and foremost at the British Government for allowing these soldiers to do what they want in our community. I’m also very angry and saddened at the attitude of the Southern Government. I wrote and phoned several members of the Irish Government and they all said was “we will forward it to the Department of Foreign Affairs.” We also wrote directly to Gerard Collins, Minister for Foreign Affairs, asking him to come so he could have the full facts of the case. Yet this week-end there is no official representative from the Irish Government.
Something special came out of this awful tragedy. It brought people together from all religious and political backgrounds to come together and denounce what happened in the hope of preventing it happening again and to support the families. As far as Margaret, Brendan and the family are concerned the inquiry will not bring Fergal back. The point in having the inquiry in the first place is to try and bring more attention to what actually happened to Fergal and Míceál and get to the truth as we have no confidence in the attempted cover up by the establishment. Too many similar killings have happened for us to expect even a semblance of justice from the state. The degree of effort and expertise that has gone into organising this shows the capabilities of the community and shows that the community can take basic steps to redress its grievances. We intend to pursue the case as far as we can and we thank all of you for your help, commitment and support for the family which we know will continue if necessary. Finally I want to thank all those who helped make this inquiry possible, especially this community, I am proud to be part of it. I was thinking to myself last night of all the good people from all over the world, and it saddened me to think that it is a very long shot that we will be all ever be together again. I wish you all a safe journey home to your loved ones and I pray that maybe, occasionally, you will think of the suffering of people of our country especially the so called “bandit country” of South Armagh. But in all of 63 years the only bandits I have ever met are the thugs who shot my two sons.