20/11/2013 BBC Newsline


20/11/2013

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is all from the BBC News at six. On BBC One we

:00:00.:00:15.

Good evening, the headlines on BBC Newsline: There is a storm of

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controversy over the Attorney General's call for an end to

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prosecutions for crimes from the Troubles.

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The time is come to think about putting a line such that Good Friday

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Agreement in 1998 with respect to prosecutions and inquests.

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The reaction has been mixed from victims and survivors. We hear their

:00:45.:00:46.

views at a trauma support centre. victims and survivors. We hear their

:00:47.:00:52.

Four brothers admit being in the house where a couple suffered fatal

:00:53.:00:54.

burns. The property market continues its

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recovery as house prices edge up again.

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And as today's wild winds gradually subside, the outlook is a lot

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calmer. I'll be back with all the details shortly.

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First tonight, the story that is dominating the headlines. The

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Attorney General's call for an end to prosecutions for Troubles related

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killings. John Larkin has told the BBC there should be no further

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police investigations, inquests or inquiries into killings by

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paramilitaries, the police or army that took place before the Good

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Friday Agreement in 1998. The comments have prompted a massive

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response, from the Prime Minister and the Taioseach, to local

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politicians and victims groups. In a moment we'll bring you that

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reaction, but first here is home affairs correspondent.

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The past continues to cast a shadow over the present. How to deal with

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the legacy of the Troubles remains one of the most contentious issues

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on the political agenda. The Attorney General has now entered the

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debate. More than 15 years have passed since the agreement. There

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have been very few prosecutions. Every competent criminal lawyer will

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tell you that the prospect of conviction diminishes with each

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passing year. It strikes me that the time is come to think about putting

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a line set at the Good Friday Agreement in 1998 with respect to

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prosecutions, inquests and other inquiries. 11 people were killed

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when a bomb exploded at an event in 1987. No-one has ever been

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convicted. And no-one ever will if the proposal by the Attorney General

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were to be common law. More with soldiers who shot dead 13 people on

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bloody Sunday face trial. Any police investigation, inquests or inquiry

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not completed by the time any such legislation was introduced, would

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end at that point. The historical inquiries team, set up to re-examine

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all the Troubles killings, would also cease to exist. So no-one would

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be prosecuted for offences related to the Troubles before 1998? That is

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right. Many have described the proposals as an amnesty. It is not

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an amnesty, it is simply a stay on criminal proceedings. Sometimes that

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which is a crime ceases to be a crime. It would simply be that no

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criminal proceedings would be possible with respect to those

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offences. There is a lot of focus on the use of the word amnesty. We need

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to not focus on one single aspect of the solution. In terms of balance to

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that, an and to the inquest, because, if you like, the inquest

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tends to be the way relatives are able to hold the states to account,

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whereas a criminal code -- for medical prosecution does not provide

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an even nice. We do not have the ability to bring to account these

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offences. If I asked you the question, I want the police to

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continue pursuing the person who killed my loved one cannot you want

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to draw a line under it. How do you justify that to this relatives who

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would say that they believe that you cannot put a price or a time limit

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on justice? I have had conversations with people in that very position.

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What I have said to them is that I have drawn attention to the logic of

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existing legislation and also to the extreme improbability of criminal

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proceedings ever taking place. The real test of the acceptability of

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these proposals is, how will the Dems across the board respond? John

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Larkin has outlined his views to a former US diplomat. He is trying to

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work out an agreement that includes how to deal with the past.

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The comments and its strong reactions from politicians. The

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Prime Minister made it clear the government would not be considering

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an amnesty. Here is our political correspondent. The past is always

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present for politicians at Stormont. Those are the remarks of someone who

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is a convicted terrorist and are shameful. But the attempt to draw a

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line under the past is succeeding in one thing today, for once uniting

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the parties against him. I think it would have been better if it had

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been dealt with in the context of a submission from him as a private

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individual. He is the Attorney General who is responsibility it is

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to look over legal matters, and in this instance, we had new

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conversation with him about this. Given the statement by the Attorney

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General overnight, on his own behalf and without consultation, does he

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agree that there can be no question of an amnesty for any terrorist

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atrocities and crimes, and that all victims of terrorism deserve truth

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and justice? The Prime Minister did indeed agree. They are his own words

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and not at the behest of anybody else. The government has no plans to

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legislate for amnesty for crimes that were committed during the

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Troubles. The US to format view is consulting on issues of the past, I

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think that to the right forum to discuss these issues. Don Mikan has

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shown in the past he has no problem taking on the political

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establishment. -- John Larkin. This time, and not for the first time,

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his motivation is being questioned. He did not consult the victims for

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him. I cannot believe you did not realise the hurt and pain that would

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be created. An awful lot of people are hurting today because of the

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shock of discovering this is where he is. Ill-timed and ill advised. I

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think it was an error of judgment to the overall issue of dealing with

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the past in dealing with victims. The Taioseach said the idea would be

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difficult for victims, but there was some support from an unlikely

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source, and in him Peter Larkin once tried to prosecute. But only one of

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the local parties came to the aid of the Attorney General. It is very

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difficult. I have huge sympathy for those who have been affected, but we

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do have to find a way of moving Northern Ireland from the past and

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into the future, and a different way of going about things is essential.

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But it does not look like that wait will be John Larkin's way.

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Let's get reaction from victims' families now to what the Attorney

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General has suggested. Donna is at a centre run by the victims' group

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Wave. This is a cross-community

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organisation offering support to people traumatised by violence

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before and since the Good Friday Agreement. It also has a centre in

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Londonderry and it was in that city today that some bereaved relatives

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were quick to voice their reaction to the no prosecution proposal.

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Emotions were running high as a relatives confronted a US diplomat

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in a local hotel lobby over the controversial proposal by the

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Attorney General. He is trying to drawn -- a line, and we do not think

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that is right. We need justice and accountability. These women lost

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their brother, who was shot dead on bloody Sunday. Their father was also

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injured in the 1972 shootings in which 14 people died. How do you

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draw a line? How do you say it is OK for killers to go free? There is no

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peace for us. It is not something we can accept. One man who lost his son

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in a bombing also said the idea was a complete nonstarter. I do

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in a bombing also said the idea was any merit, and I think that we, as

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part of the United Kingdom, we deserve the same just as we would

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get in London or Birmingham or Glasgow. The diplomat would not be

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drawn on the suggestion. One of the few principles I had it that I tend

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not to comment on things before I have a chance to read and write just

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them -- to read and digest them. I look forward to meeting with the

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Attorney General in getting a better sense from him directly about what

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his thoughts are, and then I want to see how the various political and

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civic leaders react before I formed my own opinion. It was a busy day

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for the doctor. With me is Alan McBride, who lost

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his wife and father in law in the Shankill bombing and Jude Whyte,

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whose mother was killed by a UVF bomb in Belfast.

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We heard there from the relatives you have had an inquiry, but some

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are still looking for justice. What merit do you see in the suggestion

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of new prosecutions? I think John Larkin reflects the toxicity that is

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still going on. The people of Derry Neal within five minutes of those

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events that those 13 people who were killed that they were indeed

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murdered him and 30 years later, they are still crying out for

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justice. What John Larkin said was that many of these relatives groups

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and many people who have been briefed by this conflict will never

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get justice if a prosecution is what they seek. It simply will not

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happen. He is being very realistic about what he said today. Has he

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been bold and brave? I totally disagree with him. I think it is a

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very strong message for victims to hear that they will never get any

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justice, they will never get any prosecutions, there will never be an

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inquiry into the murder of their loved ones. I had a trial and a

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guide served a short time in jail, and at least I got that. Everybody

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deserves what I got, absolutely. There is protection from prosecution

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for those involved in the decommissioning of weapons, also,

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those who can help locate the victims of the disappeared, so what

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is the difference with this? That is a matter for the families to decide

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if that is what they would accept in order to get that information about

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the bodies of their loved ones. There was no consultation here. John

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Larkin has put this on the table to be discussed, but he did not discuss

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this with the victims and survivors. I do not know what his powers are

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and what sort of things he can comment on. I thought he was

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overstepping the mark on this one a little bit. There needs to be a

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process for these people to get the answers they are looking for. People

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do not like the idea of drawing a line under the past, but for those

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who need and want an inquiry, a police investigation, why should

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they be deprived of that? He merely suggested that people should start

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talking about this on and he based it on the evidence that we are now

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over 20 years into a post cease-fire situation. There are statutory

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hotties working day and night for these prosecutions and they are not

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coming. I asked evil to reflect, -- I asked people to reflect. Look at

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the case of my mother. I understand why the man who did it did it. That

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is a private issue and I do not want to reflect that on any family. That

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is just my opinion. One solution will not fit all. Of course, and

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people have will not fit all. Of course, and

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through the courts. All John Larkin said was, what we as a society, we

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as a society to not want to deal with this issue. This is a template

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and we rejected it. Later in the programme, we mark the 30th

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anniversary of the shooting at a church near Darkley in County Armagh

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when three people were killed. Four brothers accused of a double

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murder and arson attack have admitted, for the first time, that

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they were the gang who entered the victims' home. They continued to

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deny the charge of murder. They are req used of killing, so here near

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County Armagh. Nile and Martin Smith arrived at

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court last week. They have admitted they were the masked men who entered

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the victims' home just just over seven years ago. There was a huge

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explosion in the house. Both died from their injuries within days.

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Smith brothers required stays in hospital. One of the mast a nurse to

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phone his wife, he was convinced he was going to die. The partner of

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Stephen Smith said when she arrived at the hospital she was told that

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all four were critical and not expected to live. In an agreed

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statement of facts read to the jury, the brothers accepted that they had

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brought the petrol with them and it had been distributed throughout the

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hose. The prosecution case is that the Smith brothers were motivated by

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a desire to punish the victim for a sexual assault he had perpetrated on

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the youngest brother 16 years earlier. In another statement read

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to the jury, the partner of Stephen Smith said he had become

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increasingly agitated in the months leading up to the fire about the

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presence in the area of the victim. He said he had been obsessive about

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protecting their son. He had struggled for years to come to terms

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with what Thomas O'Hare had done to struggled for years to come to terms

:17:26.:17:30.

him and had spent time in a psychiatric ward. The prosecution

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has concluded and the defence is expected to start on Monday.

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The Parades Commission has imposed restrictions on a loyalist protest

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planned for Belfast city centre at the end of this month. The parade

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will mark the first anniversary of Belfast City Council's decision to

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restrict the flying of the union flag at City Hall. The Commission

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says the protest, involving 40 bands and up to 10,000 participants, must

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leave the City Hall assembly point no later than 12 noon and pass the

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Royal Avenue North Street junction no later than 12:30pm.

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New figures show that the housing market is continuing to recover with

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a number of house tells higher than any time since 2007 -- house sales.

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What do these figures show? We have the residential property price index

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which is produced every three months and is thought to be the most

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comprehensive look at the market. It shows that in the last three months

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between July and September, prices have increased by 2%, which is the

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second quarter in a row we have seen prices increasing, which suggests

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the market is finally stabilising and perhaps some meant going into

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the market. That gives us an average price of ?99,000. Another figure is

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the number of transactions which has breached about 4000 which is the

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highest number of transactions since 2007, which is suggesting that you

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have willing buyers and sellers transacting. There are signs of

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recovery, but can you transacting. There are signs of

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perspective? You have to be realistic. Northern Ireland suffered

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about the worst property crash the world knows. If we got 2005, prices

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are still 10% below what they were in 2005, so for a lot of people in

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negative equity, there is still a long way to go. What has been the

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reaction? The finance minister says this is evidence that confidence is

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returning and it is good news for first-time buyers.

:19:47.:19:50.

On the day that Hull finds out that it is to be the next UK City of

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Culture, the minister for culture here has announced what happens when

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the Derry/Londonderry year ends. The focus of the legacy from the year

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will be on community arts, rather than high profile events.

:20:04.:20:14.

It has been an exciting year so far with resignations and rose, but also

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dramatic highlights and very successful events. It has always

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been a concern that the year-long UK City of Culture celebrations would

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end and nothing would take their place. Now the minister for culture,

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arts and leisure says she is trying to put that right. She says she will

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make sure some initiatives can continue for another three years

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such as the music promise which gets tuition to young people. -- gives

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that tuition. The Minister has provided ?2 million for the next

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five months but will be asking the executive for more money. The worst

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thing that could happen is everything stops on the 31st of

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December. Come January, nothing, that is not going to happen. A new

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charitable body will be created to deliver the Legacy programme of

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events after the year of culture ends. What is most exciting for me

:21:13.:21:15.

is that those projects that have been under the radar, that our

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long-term Legacy programme based, and the idea that the music promise

:21:23.:21:26.

has a less by not only in the city but also potentially rolled out

:21:27.:21:30.

across Northern Ireland, is very exciting. A new group of people will

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be drafted in to make sure the legacy lives on.

:21:36.:21:46.

There has been a lot of debates today about how we deal with our

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past. 30 years ago this evening, three gunmen attacked a church near

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Darkley in County Armagh. Three people were killed. The shooting was

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during a service which was being recorded at the time. The sound of

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what happened is in our next report. You may find it upsetting.

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A modest place of worship in the sprawling hills of south Armagh.

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This is an audio recording of the service that night in 1983. This is

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the moment terror struck. SHOTS FIRE. A bullet went through the hymn

:22:31.:22:41.

book. They did not care. That is what evil men do. 70 rounds were

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fired at the building. The men killed, seven seriously injured. The

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youngest was six months old up to people older than I am. They were

:22:54.:23:01.

there to kill anyone. If the men that got killed just happen to be at

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the front door. -- the three men. They did not finish there, they went

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outside and went up and down the building with a machine gun, trying

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to kill everybody inside. The funeral is followed. Strong invoice,

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united in grief, families inconsolable. It was sometime later

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before the congregation returned to their church. Initially it was very

:23:30.:23:35.

difficult. For the first couple of months or thereabouts we tended to

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difficult. For the first couple of meet in another building quite

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locally until I think it was January 1984. 30 years later, the hole is

:23:42.:23:51.

still standing strong. A memorial to those killed and seriously injured

:23:52.:23:55.

that cold, dark, November night. This is no longer used as a place of

:23:56.:24:00.

worship. There was a church built next door in 1990. The congregation

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are prepared to forgive the men who were intent on killing many and now

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the Attorney General has called for an end to prosecutions of Troubles

:24:11.:24:16.

related murders, is that a step too far? That is the political martyr

:24:17.:24:20.

and a matter for the Northern Ireland assembly to determine. As

:24:21.:24:26.

fun as we are concerned, justice will be done, whether it is in this

:24:27.:24:28.

life or the life to come. will be done, whether it is in this

:24:29.:24:37.

as we are concerned. If you'd like to find out more

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details of the victims' stories you've heard today and the Attorney

:24:41.:24:43.

General's suggestion about prosecutions please visit the BBC

:24:44.:24:52.

News website. The high winds were causing all

:24:53.:24:56.

sorts of problems today. A Christmas lights switch on had to be was born

:24:57.:24:59.

is due to damage to the Christmas tree. -- postponed.

:25:00.:25:07.

It is still very stormy at the moment, with peak gusts of 70 mph.

:25:08.:25:15.

Trees will fall more easily because there are more leaves compared to

:25:16.:25:19.

the middle of winter. Still some very stormy conditions around. A

:25:20.:25:28.

tree has fallen here. Some ferocious seas. Massive waves building up.

:25:29.:25:36.

Spectacular to look at but pretty nasty if you are out on a boat. A

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weather warning up until midnight tonight. Particularly close to the

:25:45.:25:49.

east coast. After midnight things gradually settled down. Many places

:25:50.:25:53.

end up drive. A touch of frost or eyes is possible. -- ice. There will

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be a notable breeze is specially around the coast but a lot of dry

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and great weather. If you can find a bit of shelter tomorrow it will not

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feel as bitter as it did today, but temperatures a little bit shy of

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where they should be. A little below the average for this time of year

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and it will feel rather chilly in the breeze. Things are looking, and

:26:21.:26:25.

more settled as we head towards the weekend and that means that tomorrow

:26:26.:26:30.

evening and tomorrow night there will be a sharp fall in

:26:31.:26:34.

temperatures. A sharp frost to come tomorrow night which will be around

:26:35.:26:40.

on Friday morning. It might be back to the scraping of windscreens on

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Friday, and the day itself will be dry for most with some pleasant

:26:47.:26:51.

sunshine and fairly light winds. We have had some pretty lively whether

:26:52.:26:54.

to begin with this week, but things are looking more settled, much, as

:26:55.:26:59.

we head towards the weekend, largely drive.

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Our late bulletin is at 10:25pm. You can also keep in contact with us via

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Facebook and Twitter. From BBC Newsline, goodnight.

:27:15.:27:17.

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