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In the Northern Ireland conflict, spying was a very dangerous game. | 0:00:02 | 0:00:07 | |
The IRA's chief interrogator explains how he extracted | 0:00:11 | 0:00:15 | |
confessions from informers, before they were shot. | 0:00:15 | 0:00:19 | |
This programme contains some strong language and some scenes which some viewers may find upsetting | 0:00:19 | 0:00:25 | |
Except that, for years, | 0:00:25 | 0:00:27 | |
the interrogator was himself one of Britain's most important spies. | 0:00:27 | 0:00:33 | |
Codenamed Stakeknife, he was unmasked in 2003, | 0:00:38 | 0:00:43 | |
real name Freddie Scappaticci. | 0:00:43 | 0:00:45 | |
Now Stakeknife and his spy masters are the subject | 0:00:51 | 0:00:54 | |
of a major criminal enquiry. | 0:00:54 | 0:00:57 | |
Were fellow spies sacrificed so that he could continue to spy? | 0:00:57 | 0:01:02 | |
Our Panorama investigation suggests they were. | 0:01:02 | 0:01:05 | |
This is Milltown Cemetery in Belfast. | 0:01:30 | 0:01:33 | |
The Northern Ireland conflict cost 3,700 lives. | 0:01:33 | 0:01:38 | |
Many are buried here, along with many secrets. | 0:01:38 | 0:01:41 | |
In one corner are the graves of those revered as heroes by the IRA. | 0:01:45 | 0:01:51 | |
Elsewhere, the graves of those shot by the IRA as British spies. | 0:01:53 | 0:01:59 | |
But in the murky world of agents and informers, | 0:01:59 | 0:02:02 | |
some things are not quite what they seem. | 0:02:02 | 0:02:05 | |
Officially, the Northern Ireland conflict was not a war. | 0:02:06 | 0:02:11 | |
In truth, it was sometimes waged | 0:02:11 | 0:02:14 | |
by the intelligence services as if it was. | 0:02:14 | 0:02:17 | |
This is the story of how far the intelligence services | 0:02:19 | 0:02:22 | |
compromised their peacetime values in an effort to beat the IRA, | 0:02:22 | 0:02:28 | |
a story that some have been determined | 0:02:28 | 0:02:32 | |
should never see the light of day. | 0:02:32 | 0:02:34 | |
The IRA spent nearly three decades | 0:02:37 | 0:02:40 | |
trying to bomb the British out of Northern Ireland. | 0:02:40 | 0:02:43 | |
This was the Markets area of Belfast, | 0:02:46 | 0:02:49 | |
a tight-knit Republican community where Freddie Scappaticci lived. | 0:02:49 | 0:02:53 | |
Freddie Scappaticci was a household name, | 0:02:57 | 0:02:59 | |
a very well respected figure in the Markets. | 0:02:59 | 0:03:01 | |
He would have been the commander of the provisional IRA | 0:03:01 | 0:03:05 | |
in the Markets area. | 0:03:05 | 0:03:07 | |
Anthony McIntyre joined the IRA under Freddie Scappaticci's command. | 0:03:09 | 0:03:14 | |
You knew he was in the room. | 0:03:14 | 0:03:16 | |
I mean, you could look around the whole room | 0:03:16 | 0:03:18 | |
and you would have stopped at Scappaticci, | 0:03:18 | 0:03:21 | |
because he was somebody who was looked up to, | 0:03:21 | 0:03:23 | |
somebody who was admired. | 0:03:23 | 0:03:25 | |
In you go. | 0:03:25 | 0:03:26 | |
When Republicans were detained without trial in 1971, | 0:03:27 | 0:03:31 | |
Freddie Scappaticci was one of them. | 0:03:31 | 0:03:34 | |
He was amongst the most senior IRA members to be held | 0:03:34 | 0:03:38 | |
and one of the last to be released four years later. | 0:03:38 | 0:03:40 | |
He was soon back in trouble with the law. | 0:03:42 | 0:03:44 | |
I've learned that Scappaticci got himself involved | 0:03:46 | 0:03:50 | |
in a large VAT fraud in the building trade. | 0:03:50 | 0:03:52 | |
He was a bricklayer by trade. | 0:03:52 | 0:03:54 | |
The police fraud squad arrested him, but rather than charge him, | 0:03:54 | 0:03:59 | |
he did a deal. | 0:03:59 | 0:04:00 | |
He agreed to become a police informer. | 0:04:00 | 0:04:04 | |
The IRA had also appointed him to a new unit to root out informers - | 0:04:12 | 0:04:18 | |
called Internal Security. | 0:04:18 | 0:04:20 | |
One of its first victims | 0:04:23 | 0:04:25 | |
was a young IRA volunteer called Michael Kearney. | 0:04:25 | 0:04:28 | |
I'm on my way to meet a close relative, | 0:04:29 | 0:04:32 | |
who was also in the IRA. | 0:04:32 | 0:04:34 | |
He wants to remain anonymous. | 0:04:35 | 0:04:37 | |
The countdown to Kearney's death began | 0:04:39 | 0:04:41 | |
when he and a friend were picked up by the army | 0:04:41 | 0:04:44 | |
and handed over to the police, the Royal Ulster Constabulary. | 0:04:44 | 0:04:48 | |
His friend later testified that he could hear Michael | 0:04:48 | 0:04:50 | |
getting a really hard time. | 0:04:50 | 0:04:52 | |
He seemed to be getting thrown against the walls | 0:04:52 | 0:04:54 | |
cos the walls were vibrating. | 0:04:54 | 0:04:55 | |
And they were shouting and screaming, banging tables. | 0:04:55 | 0:04:57 | |
Three days later, Kearney broke and disclosed to the police | 0:04:57 | 0:05:02 | |
the location of a small explosives dump. | 0:05:02 | 0:05:05 | |
The British Army and the RUC in a combined operation | 0:05:06 | 0:05:09 | |
raided the flat that night and recovered the explosives. | 0:05:09 | 0:05:12 | |
Instead of charging Kearney, the police turned him loose. | 0:05:12 | 0:05:16 | |
By lifting the dump, they were actually fingering him. | 0:05:16 | 0:05:18 | |
Basically sending word to the IRA to say, | 0:05:18 | 0:05:20 | |
"This is the one that lifted the dump." | 0:05:20 | 0:05:22 | |
Or, "This is the one that gave away on this particular dump." | 0:05:22 | 0:05:25 | |
A detective had warned that, if Kearney was released, | 0:05:25 | 0:05:28 | |
he risked being shot as a spy. | 0:05:28 | 0:05:31 | |
The police put it to the vote - | 0:05:31 | 0:05:33 | |
three to one in favour of his release. | 0:05:33 | 0:05:36 | |
Sure enough, within 48 hours, | 0:05:39 | 0:05:41 | |
Kearney was ordered to report to the IRA's Internal Security Unit. | 0:05:41 | 0:05:46 | |
He was driven south to the Irish border. | 0:05:46 | 0:05:49 | |
Kearney was questioned by a team of interrogators, | 0:05:50 | 0:05:54 | |
including Freddie Scappaticci. | 0:05:54 | 0:05:56 | |
After 16 days, he was released, or so he thought. | 0:05:56 | 0:06:00 | |
They actually had given him a drink. | 0:06:04 | 0:06:07 | |
They'd actually told him that he was going home to his mother | 0:06:07 | 0:06:11 | |
and he would be heading due north shortly. | 0:06:11 | 0:06:13 | |
Instead of heading north back to Belfast, | 0:06:15 | 0:06:17 | |
the van carrying Kearney headed west, along the border. | 0:06:17 | 0:06:21 | |
When they reached a place called Maguiresbridge, | 0:06:23 | 0:06:26 | |
it was there that he was told, quite candidly, | 0:06:26 | 0:06:30 | |
that he was to be executed. | 0:06:30 | 0:06:32 | |
-How do you know that? -The IRA told me. | 0:06:33 | 0:06:35 | |
He got out of the vehicle and I've been told | 0:06:38 | 0:06:40 | |
he wasn't bound or gagged or hooded in any way. | 0:06:40 | 0:06:45 | |
His executioner said that he accepted it as a soldier. | 0:06:47 | 0:06:50 | |
Michael asked to say a prayer and he was allowed to, | 0:06:50 | 0:06:53 | |
while the guy loaded up. | 0:06:53 | 0:06:56 | |
And as he was praying, he was shot twice | 0:06:56 | 0:06:59 | |
in the back of the head at close range. | 0:06:59 | 0:07:01 | |
Michael Kearney had just turned 20 when he was shot by the IRA | 0:07:04 | 0:07:09 | |
after being interrogated by Scappaticci. | 0:07:09 | 0:07:11 | |
The IRA have since acknowledged he was never a spy. | 0:07:13 | 0:07:17 | |
With the blood of Michael Kearney on his hands, | 0:07:19 | 0:07:22 | |
two months later, Scappaticci graduated | 0:07:22 | 0:07:25 | |
from being an informer with the police fraud squad | 0:07:25 | 0:07:29 | |
to a paid agent with military intelligence. | 0:07:29 | 0:07:31 | |
The British now had a spy at the very heart of the IRA, | 0:07:33 | 0:07:38 | |
with unique access to its high command and its war plans. | 0:07:38 | 0:07:43 | |
I mean, the security department, they know everything about the IRA. | 0:07:44 | 0:07:47 | |
They are like an electrical junction box | 0:07:47 | 0:07:49 | |
through which every wire must flow. | 0:07:49 | 0:07:52 | |
If the British put somebody in there, | 0:07:52 | 0:07:55 | |
the British really have the wedding tackle of the IRA | 0:07:55 | 0:07:58 | |
firmly in their hands. I mean, it's a brilliant, brilliant strategy. | 0:07:58 | 0:08:01 | |
As a British agent, Scappaticci was given a number, 6126, | 0:08:08 | 0:08:14 | |
and a codename, Stakeknife. | 0:08:14 | 0:08:16 | |
He was now feeding back to his army handlers | 0:08:20 | 0:08:23 | |
what the IRA leadership were thinking and planning, | 0:08:23 | 0:08:26 | |
and which of their agents were at risk of being shot | 0:08:26 | 0:08:30 | |
by the Internal Security Unit, | 0:08:30 | 0:08:31 | |
otherwise known as the Nutting Squad. | 0:08:31 | 0:08:34 | |
Why the Nutting Squad? | 0:08:36 | 0:08:38 | |
Because everybody who ended up being shot dead, | 0:08:38 | 0:08:43 | |
a bullet in the head, a bullet in the nut, | 0:08:43 | 0:08:45 | |
had to pass through the security department | 0:08:45 | 0:08:48 | |
before they would end up getting killed. | 0:08:48 | 0:08:51 | |
Touting, or informing on the IRA, | 0:08:53 | 0:08:55 | |
was the most reviled thing that any Republican could do. | 0:08:55 | 0:09:00 | |
Who knows what motivated Freddie Scappaticci | 0:09:01 | 0:09:04 | |
to turn traitor to the Republican cause? | 0:09:04 | 0:09:08 | |
I gather he told his British Army handlers | 0:09:09 | 0:09:12 | |
that he disliked gratuitous violence. | 0:09:12 | 0:09:15 | |
Still, that doesn't seem to have stopped him | 0:09:15 | 0:09:18 | |
from preparing his fellow agents for death | 0:09:18 | 0:09:23 | |
and, sometimes, pretty barbaric deaths at that. | 0:09:23 | 0:09:27 | |
The next few years saw a sharp rise | 0:09:32 | 0:09:35 | |
in IRA executions of suspected informers, | 0:09:35 | 0:09:39 | |
which today are being investigated by Operation Kenova, | 0:09:39 | 0:09:43 | |
the £35 million criminal enquiry centred on Stakeknife. | 0:09:43 | 0:09:48 | |
The IRA would be saying, | 0:09:48 | 0:09:49 | |
"Scap's good for business, let's keep him," you know. | 0:09:49 | 0:09:52 | |
-Proving himself? -Yeah, he's worth his weight in gold. | 0:09:52 | 0:09:54 | |
-He's bloodied? -Yeah. | 0:09:54 | 0:09:56 | |
Vincent Robinson was another of the Nutting Squad's victims. | 0:09:57 | 0:10:01 | |
His battered body was dumped in the rubbish chute of a tower block. | 0:10:01 | 0:10:05 | |
The Scappaticci and the Robinson families had been neighbours. | 0:10:09 | 0:10:13 | |
The Robinsons insist Vincent was never a spy. | 0:10:13 | 0:10:17 | |
According to their lawyer, | 0:10:20 | 0:10:22 | |
Scappaticci assured them Vincent had not suffered in his final moments. | 0:10:22 | 0:10:27 | |
Some time after the killing of Vincent Robinson, | 0:10:27 | 0:10:30 | |
Mr Scappaticci gave an absolute assurance | 0:10:30 | 0:10:33 | |
that he wasn't subjected to any form of torture. | 0:10:33 | 0:10:36 | |
Kevin Winters represents many of the families | 0:10:36 | 0:10:39 | |
whose relatives were murdered by the Nutting Squad. | 0:10:39 | 0:10:42 | |
So the family took that at face value and accepted that, | 0:10:42 | 0:10:48 | |
and that was their understanding for a number of years. | 0:10:48 | 0:10:51 | |
Was it true? | 0:10:51 | 0:10:52 | |
Well, as it turns out, it wasn't true | 0:10:52 | 0:10:54 | |
because the inquest papers make it very clear | 0:10:54 | 0:10:58 | |
that Vincent Robinson was in fact | 0:10:58 | 0:11:00 | |
subjected to the most horrendous torture. | 0:11:00 | 0:11:02 | |
He was kicked in the stomach | 0:11:02 | 0:11:04 | |
and he was struck on the side of the head anything up to five times, | 0:11:04 | 0:11:08 | |
smashing in his skull. | 0:11:08 | 0:11:09 | |
I spoke to several ex-IRA men | 0:11:11 | 0:11:14 | |
for whom the name Scappaticci still spells dread. | 0:11:14 | 0:11:18 | |
I've come to meet one of them, who wants to stay anonymous. | 0:11:18 | 0:11:22 | |
What kind of reputation did Scappaticci have within the IRA? | 0:11:22 | 0:11:26 | |
It was massive. | 0:11:27 | 0:11:29 | |
It was big. | 0:11:29 | 0:11:31 | |
How did most IRA volunteers think of him? | 0:11:31 | 0:11:34 | |
-They were afraid of him. -HE LAUGHS | 0:11:35 | 0:11:37 | |
-Absolutely. -Because? | 0:11:37 | 0:11:39 | |
His interrogation tactics. | 0:11:39 | 0:11:41 | |
Hang you upside down. | 0:11:43 | 0:11:45 | |
Not allowed to sleep. | 0:11:46 | 0:11:47 | |
But he always seemed to get the job done. | 0:11:51 | 0:11:54 | |
Do you know people who were interrogated by him? | 0:11:54 | 0:11:57 | |
-Yeah, yeah. -And what do they say about him? | 0:11:57 | 0:12:00 | |
They said he was a bastard. | 0:12:00 | 0:12:01 | |
Being a "bastard" was how Stakeknife maintained his cover. | 0:12:04 | 0:12:09 | |
We had to know where the threat level was, | 0:12:09 | 0:12:13 | |
the strengths and weaknesses | 0:12:13 | 0:12:14 | |
of the people we were actually dealing with. | 0:12:14 | 0:12:17 | |
For five years, Ray White headed Special Branch in Belfast, | 0:12:19 | 0:12:23 | |
working closely with MI5 and military intelligence. | 0:12:23 | 0:12:26 | |
Back then, spy technology was nothing like | 0:12:28 | 0:12:31 | |
as sophisticated as it is today. | 0:12:31 | 0:12:34 | |
The biggest reliance, actually, was | 0:12:34 | 0:12:36 | |
on having an individual within the organisations. | 0:12:36 | 0:12:40 | |
So the two-legged source, by and large, | 0:12:40 | 0:12:42 | |
meeting as it were with his handlers, | 0:12:42 | 0:12:46 | |
was our bread-and-butter. | 0:12:46 | 0:12:47 | |
Both security sources and former members of the IRA | 0:12:49 | 0:12:53 | |
here in west Belfast have told me | 0:12:53 | 0:12:55 | |
Scappaticci became head of the Nutting Squad | 0:12:55 | 0:12:59 | |
during the 1980s. | 0:12:59 | 0:13:00 | |
Culling agents was, of course, one of the squad's key tasks. | 0:13:02 | 0:13:06 | |
So Scappaticci's British Army handlers | 0:13:06 | 0:13:09 | |
can have been in absolutely no doubt | 0:13:09 | 0:13:11 | |
that he was involved in the murder of his fellow agents, | 0:13:11 | 0:13:16 | |
time and time again. | 0:13:16 | 0:13:19 | |
No matter what the handler basically cautions the agent, | 0:13:21 | 0:13:26 | |
once he steps back into the paramilitary world, | 0:13:26 | 0:13:29 | |
he has to be a model terrorist. | 0:13:29 | 0:13:33 | |
He has to abide by the instructions | 0:13:33 | 0:13:35 | |
that the organisation gives him in every respect. | 0:13:35 | 0:13:38 | |
The bottom line is, you don't get intelligence from milkmaids - | 0:13:38 | 0:13:42 | |
that seems to be what you're saying. | 0:13:42 | 0:13:44 | |
That is the aspect that even some of our colleagues today | 0:13:44 | 0:13:47 | |
find a wee bit hard to sort of come to terms with, | 0:13:47 | 0:13:50 | |
that you were actually doing deals with people who, as I say, | 0:13:50 | 0:13:53 | |
had blood on their hands. | 0:13:53 | 0:13:54 | |
A lot of blood while Scappaticci was in the Nutting Squad. | 0:13:56 | 0:14:00 | |
Operation Kenova, the new investigation into Stakeknife, | 0:14:00 | 0:14:04 | |
was triggered by Northern Ireland's Director of Public Prosecutions | 0:14:04 | 0:14:08 | |
on receipt of a classified report. | 0:14:08 | 0:14:10 | |
It made for very disturbing and chilling reading. | 0:14:11 | 0:14:14 | |
It paints a picture of an intelligence gathering operation | 0:14:14 | 0:14:17 | |
at the upper levels of the IRA | 0:14:17 | 0:14:19 | |
during which many, many terrible things happened. | 0:14:19 | 0:14:23 | |
Can you say... | 0:14:23 | 0:14:24 | |
..roughly, how many murders the evidence so far suggests | 0:14:25 | 0:14:30 | |
the agent Stakeknife was involved with or linked to? | 0:14:30 | 0:14:33 | |
To some extent or another, yes, there's a connection between | 0:14:33 | 0:14:36 | |
the agent known as Stakeknife and at least 18 murders. | 0:14:36 | 0:14:40 | |
That's a lot of murders. | 0:14:40 | 0:14:41 | |
It is a lot of murders and it goes back quite a period of time. | 0:14:41 | 0:14:45 | |
So you were in the Special Branch in Belfast for 11 years. | 0:14:46 | 0:14:50 | |
You must have lost some agents in that time? | 0:14:50 | 0:14:53 | |
We did. | 0:14:53 | 0:14:54 | |
Any... | 0:14:56 | 0:14:57 | |
-How many? -Can't say. | 0:14:57 | 0:14:59 | |
We lost agents. | 0:15:01 | 0:15:02 | |
What was the loss of an agent like? | 0:15:05 | 0:15:07 | |
It was a hammer blow. It was a tremendous... | 0:15:08 | 0:15:12 | |
..as it were a psychological and emotional blow | 0:15:13 | 0:15:15 | |
to those people that were the handlers. | 0:15:15 | 0:15:18 | |
For the relatives of those shot as informers, | 0:15:22 | 0:15:25 | |
it's been a life sentence. | 0:15:25 | 0:15:27 | |
Ryan Hegarty was just five when his father was murdered. | 0:15:27 | 0:15:31 | |
He learnt about this from the television news. | 0:15:33 | 0:15:36 | |
-REPORTER: -'Mr Hegarty was shot in the head. | 0:15:37 | 0:15:39 | |
'His hands were tied behind his back.' | 0:15:39 | 0:15:42 | |
Well, I recognised his clothes | 0:15:42 | 0:15:44 | |
because he was wearing the same clothes... | 0:15:44 | 0:15:47 | |
..when I had last seen him. | 0:15:48 | 0:15:50 | |
It has an imprinting factor on my life and also in my head. | 0:15:50 | 0:15:57 | |
It's been a living hell, | 0:15:57 | 0:15:59 | |
to be truthful with you, | 0:15:59 | 0:16:01 | |
because we've had to live with the stigma of what he was shot for. | 0:16:01 | 0:16:04 | |
Frank Hegarty was an Army agent | 0:16:06 | 0:16:08 | |
who gave the British the location of rifles and ammunition in 1986. | 0:16:08 | 0:16:13 | |
Nobody likes traitors or agents, informers or whatever. | 0:16:15 | 0:16:18 | |
And what were the sort of things that were said to you? | 0:16:20 | 0:16:22 | |
It would have been, "Up the IRA". | 0:16:22 | 0:16:24 | |
"Up the 'RA, we got your da." | 0:16:25 | 0:16:27 | |
-"We got your da?" -Uh-huh. | 0:16:27 | 0:16:29 | |
-Taunting you? -Exactly. | 0:16:31 | 0:16:33 | |
Yes. | 0:16:33 | 0:16:34 | |
Could Frank Hegarty's life have been saved? | 0:16:37 | 0:16:40 | |
Scappaticci has said he knew Hegarty was going to be shot. | 0:16:40 | 0:16:44 | |
Sometimes Scappaticci didn't tell his Army handlers all he knew, | 0:16:44 | 0:16:49 | |
but sometimes he did. | 0:16:49 | 0:16:51 | |
Are you able to say whether any of the agents you did lose, | 0:16:52 | 0:16:56 | |
intelligence services, were forewarned by Stakeknife | 0:16:56 | 0:16:59 | |
that they were at risk? | 0:16:59 | 0:17:01 | |
If I answered that question, | 0:17:01 | 0:17:03 | |
I would be identifying individuals that were there | 0:17:03 | 0:17:08 | |
and, as there's an ongoing investigation into those things, | 0:17:08 | 0:17:11 | |
that's an aspect I would just leave on the table. | 0:17:11 | 0:17:14 | |
At the heart of that investigation, Operation Kenova, is this question - | 0:17:14 | 0:17:20 | |
were British agents allowed to die to protect Stakeknife's cover? | 0:17:20 | 0:17:26 | |
Good morning, Bedfordshire Police, how can I help? | 0:17:26 | 0:17:28 | |
Former counterterrorism detective Jon Boutcher, | 0:17:28 | 0:17:31 | |
now Chief Constable of Bedfordshire, is leading a team of 50 detectives. | 0:17:31 | 0:17:36 | |
Is there any evidence so far | 0:17:38 | 0:17:41 | |
that suggests the intelligence agencies had the opportunity | 0:17:41 | 0:17:44 | |
to save their lives, but, for one reason or another, | 0:17:44 | 0:17:48 | |
didn't take that opportunity? | 0:17:48 | 0:17:50 | |
There are families that believe | 0:17:50 | 0:17:53 | |
that their loved ones' deaths could have been prevented. | 0:17:53 | 0:17:57 | |
There could have been state intervention. | 0:17:57 | 0:17:59 | |
Now, again, that's not straightforward. | 0:17:59 | 0:18:01 | |
We need to look at the circumstances of what may or may not been known | 0:18:01 | 0:18:06 | |
by those state actors, those state forces, when, | 0:18:06 | 0:18:10 | |
and what opportunities they may or may not have had to do anything. | 0:18:10 | 0:18:13 | |
Scappaticci was run by a special department | 0:18:15 | 0:18:18 | |
within British military intelligence | 0:18:18 | 0:18:20 | |
called the Force Research Unit, or FRU. | 0:18:20 | 0:18:23 | |
They regarded him as their golden egg. | 0:18:23 | 0:18:26 | |
The police, Special Branch, also ran agents, | 0:18:27 | 0:18:30 | |
and one of their agents, Joe Fenton, ran an estate agency around here. | 0:18:30 | 0:18:36 | |
The Special Branch paid Fenton to set up the agency, Ideal Homes, | 0:18:40 | 0:18:45 | |
to provide the IRA with safe houses, which MI5 then bugged. | 0:18:45 | 0:18:50 | |
This yielded arrests and weapons finds. | 0:18:52 | 0:18:56 | |
By the summer of 1988, the IRA was suspicious. | 0:18:56 | 0:19:00 | |
The Special Branch reported that | 0:19:03 | 0:19:05 | |
Scappaticci was going to lead an IRA investigation | 0:19:05 | 0:19:09 | |
into "every job Joe Fenton has been involved in over the years" | 0:19:09 | 0:19:14 | |
to establish whether or not he was a British agent. | 0:19:14 | 0:19:18 | |
I understand that Fenton was summoned to see Scappaticci | 0:19:22 | 0:19:26 | |
here at Sinn Fein's Advice Centre in Belfast's Lower Falls. | 0:19:26 | 0:19:31 | |
When Fenton emerged, he was dishevelled | 0:19:31 | 0:19:35 | |
and he told a relative, "If I go missing, call a priest." | 0:19:35 | 0:19:39 | |
Six months later, Scappaticci sent for him again. | 0:19:41 | 0:19:46 | |
On the Saturday morning, he told his wife that he was going on a message. | 0:19:46 | 0:19:49 | |
It turned out that he was going to a house in Lenadoon in West Belfast, | 0:19:49 | 0:19:53 | |
where he met a number of people, including Fred Scappaticci. | 0:19:53 | 0:19:57 | |
And as it turns out, | 0:19:57 | 0:20:00 | |
that was the last time that he saw his wife. | 0:20:00 | 0:20:02 | |
The owner of the house in Lenadoon was a Republican sympathiser. | 0:20:03 | 0:20:07 | |
He had been approached by the IRA | 0:20:09 | 0:20:11 | |
and asked would he make his house available for an interrogation, | 0:20:11 | 0:20:15 | |
which he agreed to do. | 0:20:15 | 0:20:16 | |
He provided a bedroom for them upstairs in his house. | 0:20:16 | 0:20:20 | |
Waiting to interrogate Fenton was Scappaticci. | 0:20:21 | 0:20:24 | |
Scappaticci was once secretly recorded | 0:20:37 | 0:20:40 | |
explaining his technique for extracting confessions. | 0:20:40 | 0:20:44 | |
The homeowner later described the scene to police. | 0:20:56 | 0:20:59 | |
You could hear banging, fighting, | 0:21:01 | 0:21:03 | |
and a lot of violence for a long time. | 0:21:03 | 0:21:06 | |
Fenton had put up one hell of a fight | 0:21:06 | 0:21:09 | |
before everything went quiet. | 0:21:09 | 0:21:11 | |
Presumably he'd been maybe gagged, bound, whatever. | 0:21:12 | 0:21:17 | |
Fenton was kept for another day | 0:21:26 | 0:21:28 | |
after Scappaticci had broken him into confessing | 0:21:28 | 0:21:31 | |
he was a Special Branch agent. | 0:21:31 | 0:21:33 | |
At 7pm, Fenton was led outside. | 0:21:39 | 0:21:42 | |
Approaching a footpath, he made a desperate run for it. | 0:21:45 | 0:21:49 | |
His executioner fired a shot that hit him in the back... | 0:21:53 | 0:21:55 | |
..then held him down | 0:21:57 | 0:21:59 | |
and shot him three times in the head. | 0:21:59 | 0:22:01 | |
I understand that Scappaticci had told his handlers | 0:22:22 | 0:22:26 | |
that he was going to interrogate Joe Fenton again | 0:22:26 | 0:22:29 | |
and warned them, "He won't survive this one." | 0:22:29 | 0:22:33 | |
Well, if that's the case, and if that's correct, | 0:22:33 | 0:22:35 | |
the obligation on the part of handlers or whoever else | 0:22:35 | 0:22:38 | |
was more than a moral obligation | 0:22:38 | 0:22:41 | |
to look after the life of that individual, | 0:22:41 | 0:22:44 | |
it went beyond that. | 0:22:44 | 0:22:46 | |
And if that's the case and there was prior knowledge, | 0:22:46 | 0:22:48 | |
and nothing was done to intervene, | 0:22:48 | 0:22:50 | |
well, that veers into the realms of criminal liability. | 0:22:50 | 0:22:54 | |
Do you know why Joe Fenton's life was not saved? | 0:22:57 | 0:23:01 | |
I'm not going to speak about specific cases. | 0:23:01 | 0:23:04 | |
That is one of the murders that we are investigating, | 0:23:05 | 0:23:10 | |
that's within the terms of reference of Operation Kenova, | 0:23:10 | 0:23:13 | |
but I'm not going to be able to discuss at this stage | 0:23:13 | 0:23:17 | |
the issues around that particular death. | 0:23:17 | 0:23:20 | |
While the Army's Force Research Unit, the FRU, | 0:23:21 | 0:23:24 | |
were responsible for Stakeknife, | 0:23:24 | 0:23:26 | |
the Police Special Branch were responsible for Joe Fenton. | 0:23:26 | 0:23:30 | |
Two British intelligence agencies with two different priorities. | 0:23:30 | 0:23:34 | |
Did Stakeknife's intelligence take precedence? I understand that | 0:23:37 | 0:23:41 | |
when the Special Branch received his intelligence, | 0:23:41 | 0:23:45 | |
the Army usually required this caveat, | 0:23:45 | 0:23:48 | |
"No action to be taken without direct reference to FRU." | 0:23:48 | 0:23:52 | |
FRU sources have told me that | 0:23:55 | 0:23:57 | |
Stakeknife was providing a continuous flow of intelligence | 0:23:57 | 0:24:02 | |
that was saving many other lives. | 0:24:02 | 0:24:04 | |
Does that become a factor? | 0:24:06 | 0:24:08 | |
In terms of your analysis, you know, | 0:24:08 | 0:24:11 | |
is there going to be a greater loss of life coming down the line? | 0:24:11 | 0:24:14 | |
It really is a moral maze and a moral conundrum | 0:24:14 | 0:24:17 | |
as to how you actually balance out. | 0:24:17 | 0:24:19 | |
There must have been occasions when members of the intelligence services | 0:24:19 | 0:24:23 | |
had to play God. You had to decide which life you were going to save. | 0:24:23 | 0:24:28 | |
Did you confront those decisions, sort of decisions? | 0:24:28 | 0:24:31 | |
Those decisions were there. | 0:24:31 | 0:24:34 | |
Thankfully they were, as it were, rare. | 0:24:34 | 0:24:38 | |
But in the one or two circumstances that, as I say, | 0:24:38 | 0:24:41 | |
that I do have a recollection of, as I say, we did our utmost. | 0:24:41 | 0:24:46 | |
And that's the question for Kenova - | 0:24:47 | 0:24:49 | |
did the intelligence services | 0:24:49 | 0:24:51 | |
always do their utmost for all their agents? | 0:24:51 | 0:24:54 | |
We need to understand what was | 0:24:54 | 0:24:57 | |
the rationale and decision-making | 0:24:57 | 0:25:00 | |
of one person being allowed to die | 0:25:00 | 0:25:04 | |
in order, potentially, | 0:25:04 | 0:25:06 | |
if this was the case, | 0:25:06 | 0:25:08 | |
that another person can live. | 0:25:08 | 0:25:10 | |
What do you say to those people now investigating the past | 0:25:10 | 0:25:12 | |
who weren't confronted with the sort of moral dilemmas you've outlined? | 0:25:12 | 0:25:17 | |
First thing is, consider yourself lucky | 0:25:17 | 0:25:21 | |
that you didn't have the decisions to make. | 0:25:21 | 0:25:24 | |
Ten months after Joe Fenton's death, | 0:25:25 | 0:25:28 | |
Scappaticci was back at the same house | 0:25:28 | 0:25:31 | |
interrogating another Special Branch agent, Sandy Lynch. | 0:25:31 | 0:25:34 | |
It was January 1990. | 0:25:36 | 0:25:38 | |
Lynch later described his ordeal to the police. | 0:25:38 | 0:25:42 | |
I heard a voice, who I believed to be Scappaticci. | 0:25:43 | 0:25:47 | |
And then he said, "Do you know who I am, Sandy?" | 0:25:47 | 0:25:50 | |
And I said, "Yes." | 0:25:50 | 0:25:51 | |
He said, "I don't give two fucks | 0:25:51 | 0:25:53 | |
"because, where you're going, you'll not be telling no-one." | 0:25:53 | 0:25:56 | |
Scappaticci told Lynch he'd end up dead, like Fenton, | 0:25:56 | 0:26:01 | |
if he didn't confess. | 0:26:01 | 0:26:02 | |
He said, if he had his way, | 0:26:04 | 0:26:05 | |
I would get a jab up the arse and waken up in God's country, | 0:26:05 | 0:26:08 | |
hung upside down in a cow shed, | 0:26:08 | 0:26:11 | |
that he'd skin me alive and that no-one would hear me squealing. | 0:26:11 | 0:26:14 | |
As with Fenton, | 0:26:17 | 0:26:19 | |
Scappaticci warned his Army handlers there was to be an execution. | 0:26:19 | 0:26:23 | |
But unlike Fenton, this time, the cavalry was sent in. | 0:26:23 | 0:26:27 | |
As dusk gathered, security forces rescued Lynch | 0:26:38 | 0:26:41 | |
and arrested five IRA men holding him. | 0:26:41 | 0:26:44 | |
What state was he in when you got to interview him? | 0:26:44 | 0:26:48 | |
He was exhausted. He hadn't been fed. | 0:26:48 | 0:26:51 | |
His eyes were... | 0:26:51 | 0:26:52 | |
He'd been blindfolded for almost all of the time. | 0:26:52 | 0:26:55 | |
Do you think the IRA did intend to shoot him? | 0:26:55 | 0:26:58 | |
I've absolutely no doubt about that. | 0:26:58 | 0:27:00 | |
The unanswered question is why this time was the cavalry sent in, | 0:27:00 | 0:27:07 | |
when, just as before with Fenton, | 0:27:07 | 0:27:09 | |
there was a direct risk to Stakeknife's cover? | 0:27:09 | 0:27:12 | |
All we do know is that, three months previously, | 0:27:13 | 0:27:16 | |
an English policeman had been called over to Belfast | 0:27:16 | 0:27:20 | |
to investigate the undercover war. | 0:27:20 | 0:27:22 | |
John Stevens was then Deputy Chief Constable of Cambridgeshire. | 0:27:24 | 0:27:27 | |
Mr Stevens, can you tell us how your enquiry is going at the moment? | 0:27:29 | 0:27:32 | |
Well, I was called over here to do a totally independent, | 0:27:32 | 0:27:34 | |
impartial enquiry into criminal allegations, | 0:27:34 | 0:27:37 | |
and it's progressing pretty well at the present time. | 0:27:37 | 0:27:39 | |
When do you expect to...? | 0:27:39 | 0:27:41 | |
The Army tried to put Stevens off the scent. | 0:27:41 | 0:27:44 | |
Did you know that military intelligence ran agents? | 0:27:45 | 0:27:49 | |
No, we were told the opposite when we first went into Northern Ireland, | 0:27:49 | 0:27:53 | |
we were told that the Army did not run any agents whatsoever. | 0:27:53 | 0:27:57 | |
-That was a flat lie? -Yes. | 0:27:57 | 0:28:00 | |
Stevens' officers were finalising plans for a key arrest | 0:28:02 | 0:28:06 | |
when Lynch was rescued. | 0:28:06 | 0:28:08 | |
Do you think there might be a relationship between | 0:28:09 | 0:28:12 | |
the fact that, just as you were about to make an arrest, | 0:28:12 | 0:28:14 | |
the intelligence services put on a showcase performance | 0:28:14 | 0:28:17 | |
by rescuing Sandy Lynch? | 0:28:17 | 0:28:19 | |
I wouldn't like to speculate on that. | 0:28:19 | 0:28:21 | |
But all you can say is, when our activities took place, | 0:28:21 | 0:28:25 | |
there was a certain amount of panic going on | 0:28:25 | 0:28:27 | |
in the intelligence community, that's for sure. | 0:28:27 | 0:28:29 | |
That panic was the start of multiple attempts | 0:28:31 | 0:28:34 | |
by elements of the security services to cover Stakeknife's tracks. | 0:28:34 | 0:28:38 | |
When detectives searched the house, | 0:28:38 | 0:28:40 | |
they found Scappaticci's fingerprints on the battery | 0:28:40 | 0:28:43 | |
of a device he'd used to check if Lynch was wearing a bug. | 0:28:43 | 0:28:47 | |
So Scappaticci then went on your wanted list? | 0:28:49 | 0:28:52 | |
He went on the wanted list and disappeared from public view. | 0:28:52 | 0:28:57 | |
I'm told Scappaticci fled across the border to a Dublin suburb. | 0:28:57 | 0:29:02 | |
He was facing up to eight years in jail. | 0:29:02 | 0:29:04 | |
When you issued the warrant for Freddie Scappaticci's arrest... | 0:29:06 | 0:29:09 | |
-Yeah. -..were you told by the Special Branch | 0:29:09 | 0:29:13 | |
or any of the intelligence agencies that he was in fact a British agent? | 0:29:13 | 0:29:17 | |
No. | 0:29:17 | 0:29:18 | |
There was, however, one very senior police officer | 0:29:19 | 0:29:23 | |
who did know all about Stakeknife. | 0:29:23 | 0:29:25 | |
Now he rode to the Army's rescue. | 0:29:25 | 0:29:28 | |
According to an Army report which I gather has been discovered, | 0:29:30 | 0:29:34 | |
this police officer suggested that Scappaticci should concoct an alibi. | 0:29:34 | 0:29:40 | |
So he sent a message to the joint owner of the house | 0:29:40 | 0:29:44 | |
where Lynch had been held, asking her if she would be | 0:29:44 | 0:29:48 | |
prepared to say that he'd been in her house doing electrical work. | 0:29:48 | 0:29:53 | |
She agreed. | 0:29:53 | 0:29:55 | |
False alibi now in place, | 0:29:55 | 0:29:58 | |
Scappaticci headed home, back to Belfast. | 0:29:58 | 0:30:01 | |
He was promptly arrested and taken to Castlereagh interrogation centre. | 0:30:03 | 0:30:08 | |
To my surprise, he actually spoke. | 0:30:08 | 0:30:11 | |
He denied being involved in the Lynch kidnapping | 0:30:12 | 0:30:16 | |
and interrogation, and he accounted for this thumbprint being there | 0:30:16 | 0:30:20 | |
and he said, "Well, I did electrical work." | 0:30:20 | 0:30:23 | |
Without the alibi, would you have charged...? | 0:30:23 | 0:30:26 | |
Yeah, Scappaticci would've been charged, yes. | 0:30:26 | 0:30:28 | |
Detectives investigating Nutting Squad murders | 0:30:29 | 0:30:32 | |
might also have been able to charge the gunmen, | 0:30:32 | 0:30:36 | |
had they known their names, | 0:30:36 | 0:30:38 | |
but this intelligence was often withheld... | 0:30:38 | 0:30:41 | |
..even though there were some 30 executions | 0:30:42 | 0:30:46 | |
during Scappaticci's time. | 0:30:46 | 0:30:48 | |
Well, what we're talking about here are almost parallel processes. | 0:30:48 | 0:30:51 | |
We have one in which there is a police investigation, | 0:30:51 | 0:30:55 | |
but all along there is an entirely secret dimension to these events. | 0:30:55 | 0:31:00 | |
Now, that drives a coach and horses through the rule of law. | 0:31:00 | 0:31:06 | |
That means that those who carried out these murders | 0:31:06 | 0:31:09 | |
were not properly investigated or brought to justice. | 0:31:09 | 0:31:13 | |
So, for me, that is an appalling vista. | 0:31:13 | 0:31:15 | |
Within the IRA's high command, the rescue of Sandy Lynch | 0:31:18 | 0:31:22 | |
had aroused deep suspicion of a traitor in their midst. | 0:31:22 | 0:31:26 | |
Scappaticci was a prime suspect. | 0:31:26 | 0:31:29 | |
I understand his position in the security unit | 0:31:31 | 0:31:33 | |
was reviewed by Spike Murray, | 0:31:33 | 0:31:36 | |
the IRA's most senior man in Belfast. | 0:31:36 | 0:31:40 | |
Scappaticci was removed. | 0:31:40 | 0:31:43 | |
-Why wasn't he shot? -He was too big to fail. | 0:31:43 | 0:31:45 | |
They could not expose the fact to their volunteers | 0:31:45 | 0:31:51 | |
that the guy who was tasked by the leadership | 0:31:51 | 0:31:54 | |
with protecting the volunteers and security of the IRA | 0:31:54 | 0:31:57 | |
was doing anything but. | 0:31:57 | 0:31:58 | |
I also think that... | 0:32:00 | 0:32:01 | |
So there was a self-interest on the part of the IRA | 0:32:01 | 0:32:05 | |
in not exposing him and not shooting him, | 0:32:05 | 0:32:09 | |
because it would have invited an awful lot of questions to the IRA | 0:32:09 | 0:32:12 | |
and to the leadership that had held him in place for so long. | 0:32:12 | 0:32:15 | |
Out of power, Scappaticci took his revenge. | 0:32:15 | 0:32:19 | |
In August 1993, ITV broadcast | 0:32:24 | 0:32:27 | |
an expose about the head of the IRA's Northern Command. | 0:32:27 | 0:32:31 | |
'The man who controls the IRA, James Martin McGuinness.' | 0:32:31 | 0:32:36 | |
The next day, Scappaticci arranged to meet the programme makers. | 0:32:37 | 0:32:42 | |
Calling himself Jack, | 0:32:43 | 0:32:45 | |
he met them in the car park at this hotel just outside Belfast. | 0:32:45 | 0:32:49 | |
He arrived in a very crisp, | 0:32:51 | 0:32:54 | |
newly-ironed white shirt and dark slacks. | 0:32:54 | 0:32:57 | |
He's very self-assured, stocky, short, dark hair, receding hair. | 0:32:57 | 0:33:04 | |
Scappaticci then vented his anger on the senior IRA members | 0:33:06 | 0:33:10 | |
who were blocking his return to the IRA, | 0:33:10 | 0:33:13 | |
including Martin McGuinness, who's recently died. | 0:33:13 | 0:33:16 | |
Asked how he knew all this, | 0:33:26 | 0:33:28 | |
Scappaticci gave this wistful response. | 0:33:28 | 0:33:31 | |
We asked him how he felt about now not being at the heart of things | 0:33:49 | 0:33:53 | |
and he said, "There's more to life than killing." | 0:33:53 | 0:33:56 | |
You asked him if he'd actually ever killed anyone | 0:33:57 | 0:34:00 | |
and what was his reaction? | 0:34:00 | 0:34:02 | |
He was evasive | 0:34:02 | 0:34:04 | |
and we were all under the impression that he clearly had. | 0:34:04 | 0:34:09 | |
When the Special Branch learned who Jack was, | 0:34:09 | 0:34:12 | |
they told the journalists, if they broadcast his voice, | 0:34:12 | 0:34:16 | |
he'd be shot - so they didn't. | 0:34:16 | 0:34:18 | |
And there, Scappaticci's secret life might have stayed secret, | 0:34:20 | 0:34:24 | |
but for a former member of the Army's Force Research Unit. | 0:34:24 | 0:34:28 | |
Ian Hurst left the FRU in 1990. | 0:34:30 | 0:34:33 | |
Nine years later, inspired, so he says, | 0:34:33 | 0:34:36 | |
by a new moral imperative, | 0:34:36 | 0:34:39 | |
he told the Sunday Times the British had a major agent | 0:34:39 | 0:34:42 | |
codenamed Stakeknife. | 0:34:42 | 0:34:44 | |
I didn't join the Intelligence Corps... | 0:34:44 | 0:34:47 | |
..to conspire to commit criminal offences. | 0:34:48 | 0:34:52 | |
Nobody has that dispensation, nobody has a licence to kill. | 0:34:52 | 0:34:57 | |
Meaning? | 0:34:57 | 0:34:58 | |
Meaning, I suppose, the greater good, | 0:34:58 | 0:35:01 | |
which is the old adage of, you know, | 0:35:01 | 0:35:05 | |
you lose one life but you save a hundred. | 0:35:05 | 0:35:08 | |
It was 1999 and John Stevens was back, | 0:35:10 | 0:35:14 | |
investigating the undercover war. | 0:35:14 | 0:35:16 | |
Hurst was interviewed by Stevens, | 0:35:16 | 0:35:19 | |
who later sought access to Stakeknife's files | 0:35:19 | 0:35:22 | |
from Army headquarters, Northern Ireland. | 0:35:22 | 0:35:25 | |
The documentation was a limited amount of documentation. | 0:35:25 | 0:35:28 | |
Most of the documents had actually been destroyed, | 0:35:28 | 0:35:31 | |
the army said, through normal, regular procedures of | 0:35:31 | 0:35:35 | |
getting rid of documentation which they didn't need. | 0:35:35 | 0:35:38 | |
Mmm. Do you believe that? | 0:35:38 | 0:35:40 | |
Well, that's what they said and I don't know. | 0:35:40 | 0:35:43 | |
In 2003, Hurst upped the ante. | 0:35:45 | 0:35:49 | |
Now, he leaked Stakeknife's real identity to the newspapers. | 0:35:49 | 0:35:53 | |
Scappaticci was spirited out of Belfast and flown to England, | 0:35:56 | 0:36:01 | |
where I gather MI5 offered him protective security, | 0:36:01 | 0:36:05 | |
which he declined, confident he could bluff it out. | 0:36:05 | 0:36:10 | |
He calculated that the IRA had every reason to support him | 0:36:10 | 0:36:15 | |
if he denied he was a spy... | 0:36:15 | 0:36:17 | |
..and he was right. | 0:36:18 | 0:36:20 | |
The IRA and Freddie Scappaticci at that time | 0:36:21 | 0:36:24 | |
had a mutual dependence on each other | 0:36:24 | 0:36:27 | |
and a mutual interest in this story not coming out, | 0:36:27 | 0:36:30 | |
and in this story being rubbished. | 0:36:30 | 0:36:32 | |
Scappaticci flew back to Belfast - | 0:36:33 | 0:36:36 | |
there he sought a meeting with the IRA leadership. | 0:36:36 | 0:36:40 | |
They came to an understanding. | 0:36:40 | 0:36:43 | |
This led to a call to a BBC correspondent. | 0:36:43 | 0:36:47 | |
At the time, it all seemed a bit last-minute, spontaneous. | 0:36:47 | 0:36:52 | |
I went to West Belfast. | 0:36:52 | 0:36:55 | |
That's when I met Freddie Scappaticci. | 0:36:55 | 0:36:57 | |
He gave me a bit of a glance and a bit of a look. | 0:36:59 | 0:37:02 | |
Scappaticci portrayed himself as an ordinary citizen, | 0:37:02 | 0:37:06 | |
so insulted by the slur that he was a spy, | 0:37:06 | 0:37:09 | |
he'd no choice but to go to a solicitor. | 0:37:09 | 0:37:13 | |
My statement basically is that I am Freddie Scappaticci, | 0:37:13 | 0:37:16 | |
I'm sitting here today with my solicitor. | 0:37:16 | 0:37:19 | |
I'm telling you I'm not guilty of any of these allegations. | 0:37:19 | 0:37:22 | |
And I suppose my thinking about that now, | 0:37:22 | 0:37:24 | |
there was no sense of nervousness in his voice | 0:37:24 | 0:37:28 | |
because he's delivering a prepared script | 0:37:28 | 0:37:30 | |
that he knows people are on board for. | 0:37:30 | 0:37:32 | |
Why do you think this label Stakeknife has been attached to you? | 0:37:32 | 0:37:36 | |
I don't know. | 0:37:36 | 0:37:37 | |
And just one final question, | 0:37:37 | 0:37:39 | |
were you at any stage a member of the IRA | 0:37:39 | 0:37:41 | |
and involved in the Republican movement? | 0:37:41 | 0:37:44 | |
Erm... | 0:37:45 | 0:37:46 | |
I was involved in the Republican movement... | 0:37:48 | 0:37:50 | |
..13 years ago. | 0:37:51 | 0:37:53 | |
But I have no involvement...this past 13 years. | 0:37:55 | 0:37:58 | |
-And what about the allegations...? -Sorry. That's us finished. | 0:37:58 | 0:38:01 | |
That's us finished. You got three. | 0:38:01 | 0:38:03 | |
The British Army's master spy had put on a bravura performance. | 0:38:03 | 0:38:07 | |
Just one thing I would like... | 0:38:07 | 0:38:09 | |
No, turn the camera off, please. | 0:38:10 | 0:38:12 | |
But then his performance had been choreographed by the IRA | 0:38:12 | 0:38:17 | |
from start to finish. | 0:38:17 | 0:38:18 | |
I'm told the IRA's head of intelligence was watching | 0:38:20 | 0:38:23 | |
from across the street. | 0:38:23 | 0:38:25 | |
I think it wasn't about saving Freddie Scappaticci's life. | 0:38:25 | 0:38:28 | |
I think it was about saving the skin of the IRA's reputation. | 0:38:28 | 0:38:31 | |
Normality had returned to Northern Ireland. | 0:38:35 | 0:38:38 | |
The IRA claimed to have fought the British to an honourable draw, | 0:38:38 | 0:38:43 | |
instead of being pushed into peace, | 0:38:43 | 0:38:45 | |
paralysed by the penetration of agents like Stakeknife. | 0:38:45 | 0:38:49 | |
They were lauding their peace process as a serious victory | 0:38:51 | 0:38:57 | |
and now we're seeing that the man who helped | 0:38:57 | 0:38:59 | |
make the peace process possible | 0:38:59 | 0:39:01 | |
was none other than Freddie Scappaticci, | 0:39:01 | 0:39:04 | |
a senior British agent at the heart of the IRA. | 0:39:04 | 0:39:06 | |
As for Scappaticci, his chutzpah knew no bounds. | 0:39:09 | 0:39:14 | |
Now he demanded ministers deny he was Stakeknife, | 0:39:14 | 0:39:18 | |
but the government wasn't about to end a decades-long convention. | 0:39:18 | 0:39:22 | |
Further comment was made about the question of Stakeknife. | 0:39:24 | 0:39:29 | |
Honourable members of the house will not be surprised if I say | 0:39:30 | 0:39:33 | |
that I will not comment on intelligence matters. | 0:39:33 | 0:39:37 | |
So Scappaticci took the government to court. | 0:39:38 | 0:39:41 | |
He lost. But, crucially, I understand he told a lie | 0:39:41 | 0:39:46 | |
by swearing on oath an affidavit to say he was not Stakeknife. | 0:39:46 | 0:39:50 | |
And then Scappaticci's nemesis returned, | 0:39:54 | 0:39:58 | |
demanding the police investigate him for perjury. | 0:39:58 | 0:40:01 | |
What was their initial reaction? | 0:40:04 | 0:40:05 | |
Indifference... | 0:40:05 | 0:40:07 | |
..bordering on incredulity... | 0:40:09 | 0:40:12 | |
..which culminated in, | 0:40:13 | 0:40:15 | |
once put under pressure to come to a decision, | 0:40:15 | 0:40:18 | |
which took an almighty amount of time, | 0:40:18 | 0:40:22 | |
quote-unquote it was "uninvestigatable". | 0:40:22 | 0:40:25 | |
How an allegation - because that's what it is, | 0:40:25 | 0:40:29 | |
it's only an allegation of perjury - | 0:40:29 | 0:40:31 | |
is "uninvestigatable" is beyond my comprehension. | 0:40:31 | 0:40:35 | |
It either is a fact or it isn't. | 0:40:35 | 0:40:38 | |
Reluctantly, the police conducted an enquiry, | 0:40:39 | 0:40:43 | |
which I'm told was cursory. | 0:40:43 | 0:40:46 | |
In 2007, they sent a file | 0:40:46 | 0:40:47 | |
to the Northern Ireland Director of Public Prosecutions. | 0:40:47 | 0:40:51 | |
The DPP decided not to prosecute Scappaticci for perjury | 0:40:52 | 0:40:57 | |
on the grounds that, even if he had lied to the High Court, | 0:40:57 | 0:41:01 | |
he'd genuinely feared for his life, leaving him no choice but to lie. | 0:41:01 | 0:41:06 | |
And yet Scappaticci had voluntarily returned to Belfast | 0:41:07 | 0:41:12 | |
to do a deal with the IRA | 0:41:12 | 0:41:13 | |
and he'd rejected MI5's offer of protective custody. | 0:41:13 | 0:41:19 | |
In 2015, the new DPP, Barra McGrory QC, | 0:41:20 | 0:41:26 | |
also seems to have noted a contradiction. | 0:41:26 | 0:41:29 | |
I have serious concerns in relation to this decision. | 0:41:29 | 0:41:33 | |
I understand a senior lawyer involved in taking that decision | 0:41:33 | 0:41:37 | |
was the DPP's deputy, Pamela Atchison. | 0:41:37 | 0:41:40 | |
She's no longer at her desk. | 0:41:40 | 0:41:43 | |
But can you say at least why your deputy director, as I understand it, | 0:41:44 | 0:41:51 | |
has been on gardening leave now for some months? | 0:41:51 | 0:41:55 | |
That's not appropriate for me to discuss | 0:41:55 | 0:41:57 | |
the deputy director's personnel issues. | 0:41:57 | 0:41:59 | |
In essence, is your concern that there was a yet further attempt | 0:41:59 | 0:42:03 | |
to protect this agent? | 0:42:03 | 0:42:05 | |
Well, that is the subject of a specific criminal investigation, | 0:42:05 | 0:42:08 | |
or a specific aspect of the ongoing criminal investigation, | 0:42:08 | 0:42:12 | |
so I think it would not be proper for me | 0:42:12 | 0:42:14 | |
to engage in discussion on that. | 0:42:14 | 0:42:16 | |
Much has been written about previous enquiries into | 0:42:18 | 0:42:22 | |
the Northern Ireland conflict, | 0:42:22 | 0:42:23 | |
but none of these enquiries pose a threat | 0:42:23 | 0:42:27 | |
to as many vested interests as Operation Kenova. | 0:42:27 | 0:42:31 | |
It goes beyond Stakeknife, military intelligence, | 0:42:31 | 0:42:34 | |
and even the Prosecution Service, | 0:42:34 | 0:42:36 | |
to those charged with the defence of the realm. | 0:42:36 | 0:42:39 | |
When the commanding officer of the Force Research Unit, | 0:42:42 | 0:42:45 | |
the military intelligence unit that ran Stakeknife, | 0:42:45 | 0:42:49 | |
was interviewed by the police, I gather he replied testily, | 0:42:49 | 0:42:54 | |
"Why are you interviewing me? | 0:42:54 | 0:42:56 | |
"MI5 was the recipient of our intelligence. | 0:42:56 | 0:43:00 | |
"We collected intelligence for MI5. | 0:43:00 | 0:43:03 | |
"They're the people you should be speaking to." | 0:43:03 | 0:43:06 | |
Kenova also extends to those IRA leaders | 0:43:07 | 0:43:11 | |
said to have authorised the executions, | 0:43:11 | 0:43:14 | |
some of whom are now senior politicians here. | 0:43:14 | 0:43:17 | |
If there's any group that might be uncomfortable | 0:43:18 | 0:43:22 | |
with this investigation it is the IRA | 0:43:22 | 0:43:24 | |
because, if there's an agent engaged in a series of murders, | 0:43:24 | 0:43:29 | |
then it was the IRA who sent him out to do them. | 0:43:29 | 0:43:31 | |
That is why this case disturbs me so greatly, | 0:43:31 | 0:43:35 | |
is because there was a potential complete corruption | 0:43:35 | 0:43:39 | |
of the judicial and legal process insofar as investigations, | 0:43:39 | 0:43:46 | |
prosecutions and trials were concerned. | 0:43:46 | 0:43:49 | |
I think Scappaticci has the potential to pull the roof down... | 0:43:49 | 0:43:51 | |
..on all sorts of people, | 0:43:53 | 0:43:55 | |
whether at the top of the Republican leadership | 0:43:55 | 0:43:58 | |
or whether within the intelligence community and beyond. | 0:43:58 | 0:44:01 | |
And I'll be amazed if we get to that point. | 0:44:04 | 0:44:07 | |
Because? | 0:44:08 | 0:44:09 | |
Because it's too damaging for too many people. | 0:44:10 | 0:44:13 | |
We'd like to have put the allegations in this programme | 0:44:16 | 0:44:19 | |
to Freddie Scappaticci, | 0:44:19 | 0:44:22 | |
but a court order prevents us from even approaching him. | 0:44:22 | 0:44:25 | |
The charge against the state is that blind eyes have been turned | 0:44:26 | 0:44:30 | |
to multiple murder, including fellow agents of the state. | 0:44:30 | 0:44:35 | |
So to whom will the state now give its ultimate allegiance - | 0:44:35 | 0:44:40 | |
agent 6126 or those he prepared for death? | 0:44:40 | 0:44:45 |