The Spy in the IRA Panorama


The Spy in the IRA

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In the Northern Ireland conflict, spying was a very dangerous game.

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The IRA's chief interrogator explains how he extracted

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confessions from informers, before they were shot.

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This programme contains some strong language and some scenes which some viewers may find upsetting

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Except that, for years,

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the interrogator was himself one of Britain's most important spies.

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Codenamed Stakeknife, he was unmasked in 2003,

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real name Freddie Scappaticci.

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Now Stakeknife and his spy masters are the subject

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of a major criminal enquiry.

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Were fellow spies sacrificed so that he could continue to spy?

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Our Panorama investigation suggests they were.

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This is Milltown Cemetery in Belfast.

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The Northern Ireland conflict cost 3,700 lives.

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Many are buried here, along with many secrets.

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In one corner are the graves of those revered as heroes by the IRA.

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Elsewhere, the graves of those shot by the IRA as British spies.

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But in the murky world of agents and informers,

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some things are not quite what they seem.

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Officially, the Northern Ireland conflict was not a war.

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In truth, it was sometimes waged

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by the intelligence services as if it was.

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This is the story of how far the intelligence services

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compromised their peacetime values in an effort to beat the IRA,

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a story that some have been determined

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should never see the light of day.

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The IRA spent nearly three decades

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trying to bomb the British out of Northern Ireland.

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This was the Markets area of Belfast,

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a tight-knit Republican community where Freddie Scappaticci lived.

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Freddie Scappaticci was a household name,

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a very well respected figure in the Markets.

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He would have been the commander of the provisional IRA

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in the Markets area.

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Anthony McIntyre joined the IRA under Freddie Scappaticci's command.

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You knew he was in the room.

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I mean, you could look around the whole room

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and you would have stopped at Scappaticci,

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because he was somebody who was looked up to,

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somebody who was admired.

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In you go.

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When Republicans were detained without trial in 1971,

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Freddie Scappaticci was one of them.

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He was amongst the most senior IRA members to be held

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and one of the last to be released four years later.

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He was soon back in trouble with the law.

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I've learned that Scappaticci got himself involved

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in a large VAT fraud in the building trade.

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He was a bricklayer by trade.

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The police fraud squad arrested him, but rather than charge him,

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he did a deal.

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He agreed to become a police informer.

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The IRA had also appointed him to a new unit to root out informers -

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called Internal Security.

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One of its first victims

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was a young IRA volunteer called Michael Kearney.

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I'm on my way to meet a close relative,

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who was also in the IRA.

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He wants to remain anonymous.

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The countdown to Kearney's death began

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when he and a friend were picked up by the army

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and handed over to the police, the Royal Ulster Constabulary.

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His friend later testified that he could hear Michael

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getting a really hard time.

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He seemed to be getting thrown against the walls

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cos the walls were vibrating.

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And they were shouting and screaming, banging tables.

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Three days later, Kearney broke and disclosed to the police

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the location of a small explosives dump.

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The British Army and the RUC in a combined operation

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raided the flat that night and recovered the explosives.

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Instead of charging Kearney, the police turned him loose.

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By lifting the dump, they were actually fingering him.

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Basically sending word to the IRA to say,

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"This is the one that lifted the dump."

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Or, "This is the one that gave away on this particular dump."

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A detective had warned that, if Kearney was released,

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he risked being shot as a spy.

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The police put it to the vote -

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three to one in favour of his release.

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Sure enough, within 48 hours,

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Kearney was ordered to report to the IRA's Internal Security Unit.

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He was driven south to the Irish border.

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Kearney was questioned by a team of interrogators,

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including Freddie Scappaticci.

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After 16 days, he was released, or so he thought.

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They actually had given him a drink.

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They'd actually told him that he was going home to his mother

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and he would be heading due north shortly.

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Instead of heading north back to Belfast,

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the van carrying Kearney headed west, along the border.

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When they reached a place called Maguiresbridge,

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it was there that he was told, quite candidly,

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that he was to be executed.

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-How do you know that?

-The IRA told me.

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He got out of the vehicle and I've been told

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he wasn't bound or gagged or hooded in any way.

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His executioner said that he accepted it as a soldier.

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Michael asked to say a prayer and he was allowed to,

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while the guy loaded up.

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And as he was praying, he was shot twice

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in the back of the head at close range.

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Michael Kearney had just turned 20 when he was shot by the IRA

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after being interrogated by Scappaticci.

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The IRA have since acknowledged he was never a spy.

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With the blood of Michael Kearney on his hands,

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two months later, Scappaticci graduated

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from being an informer with the police fraud squad

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to a paid agent with military intelligence.

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The British now had a spy at the very heart of the IRA,

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with unique access to its high command and its war plans.

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I mean, the security department, they know everything about the IRA.

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They are like an electrical junction box

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through which every wire must flow.

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If the British put somebody in there,

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the British really have the wedding tackle of the IRA

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firmly in their hands. I mean, it's a brilliant, brilliant strategy.

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As a British agent, Scappaticci was given a number, 6126,

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and a codename, Stakeknife.

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He was now feeding back to his army handlers

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what the IRA leadership were thinking and planning,

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and which of their agents were at risk of being shot

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by the Internal Security Unit,

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otherwise known as the Nutting Squad.

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Why the Nutting Squad?

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Because everybody who ended up being shot dead,

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a bullet in the head, a bullet in the nut,

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had to pass through the security department

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before they would end up getting killed.

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Touting, or informing on the IRA,

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was the most reviled thing that any Republican could do.

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Who knows what motivated Freddie Scappaticci

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to turn traitor to the Republican cause?

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I gather he told his British Army handlers

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that he disliked gratuitous violence.

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Still, that doesn't seem to have stopped him

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from preparing his fellow agents for death

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and, sometimes, pretty barbaric deaths at that.

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The next few years saw a sharp rise

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in IRA executions of suspected informers,

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which today are being investigated by Operation Kenova,

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the £35 million criminal enquiry centred on Stakeknife.

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The IRA would be saying,

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"Scap's good for business, let's keep him," you know.

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-Proving himself?

-Yeah, he's worth his weight in gold.

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-He's bloodied?

-Yeah.

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Vincent Robinson was another of the Nutting Squad's victims.

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His battered body was dumped in the rubbish chute of a tower block.

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The Scappaticci and the Robinson families had been neighbours.

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The Robinsons insist Vincent was never a spy.

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According to their lawyer,

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Scappaticci assured them Vincent had not suffered in his final moments.

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Some time after the killing of Vincent Robinson,

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Mr Scappaticci gave an absolute assurance

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that he wasn't subjected to any form of torture.

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Kevin Winters represents many of the families

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whose relatives were murdered by the Nutting Squad.

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So the family took that at face value and accepted that,

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and that was their understanding for a number of years.

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Was it true?

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Well, as it turns out, it wasn't true

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because the inquest papers make it very clear

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that Vincent Robinson was in fact

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subjected to the most horrendous torture.

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He was kicked in the stomach

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and he was struck on the side of the head anything up to five times,

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smashing in his skull.

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I spoke to several ex-IRA men

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for whom the name Scappaticci still spells dread.

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I've come to meet one of them, who wants to stay anonymous.

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What kind of reputation did Scappaticci have within the IRA?

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It was massive.

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It was big.

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How did most IRA volunteers think of him?

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-They were afraid of him.

-HE LAUGHS

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-Absolutely.

-Because?

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His interrogation tactics.

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Hang you upside down.

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Not allowed to sleep.

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But he always seemed to get the job done.

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Do you know people who were interrogated by him?

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-Yeah, yeah.

-And what do they say about him?

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They said he was a bastard.

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Being a "bastard" was how Stakeknife maintained his cover.

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We had to know where the threat level was,

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the strengths and weaknesses

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of the people we were actually dealing with.

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For five years, Ray White headed Special Branch in Belfast,

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working closely with MI5 and military intelligence.

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Back then, spy technology was nothing like

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as sophisticated as it is today.

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The biggest reliance, actually, was

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on having an individual within the organisations.

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So the two-legged source, by and large,

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meeting as it were with his handlers,

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was our bread-and-butter.

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Both security sources and former members of the IRA

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here in west Belfast have told me

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Scappaticci became head of the Nutting Squad

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during the 1980s.

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Culling agents was, of course, one of the squad's key tasks.

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So Scappaticci's British Army handlers

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can have been in absolutely no doubt

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that he was involved in the murder of his fellow agents,

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time and time again.

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No matter what the handler basically cautions the agent,

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once he steps back into the paramilitary world,

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he has to be a model terrorist.

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He has to abide by the instructions

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that the organisation gives him in every respect.

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The bottom line is, you don't get intelligence from milkmaids -

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that seems to be what you're saying.

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That is the aspect that even some of our colleagues today

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find a wee bit hard to sort of come to terms with,

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that you were actually doing deals with people who, as I say,

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had blood on their hands.

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A lot of blood while Scappaticci was in the Nutting Squad.

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Operation Kenova, the new investigation into Stakeknife,

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was triggered by Northern Ireland's Director of Public Prosecutions

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on receipt of a classified report.

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It made for very disturbing and chilling reading.

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It paints a picture of an intelligence gathering operation

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at the upper levels of the IRA

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during which many, many terrible things happened.

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Can you say...

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..roughly, how many murders the evidence so far suggests

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the agent Stakeknife was involved with or linked to?

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To some extent or another, yes, there's a connection between

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the agent known as Stakeknife and at least 18 murders.

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That's a lot of murders.

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It is a lot of murders and it goes back quite a period of time.

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So you were in the Special Branch in Belfast for 11 years.

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You must have lost some agents in that time?

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We did.

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Any...

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-How many?

-Can't say.

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We lost agents.

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What was the loss of an agent like?

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It was a hammer blow. It was a tremendous...

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..as it were a psychological and emotional blow

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to those people that were the handlers.

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For the relatives of those shot as informers,

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it's been a life sentence.

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Ryan Hegarty was just five when his father was murdered.

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He learnt about this from the television news.

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-REPORTER:

-'Mr Hegarty was shot in the head.

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'His hands were tied behind his back.'

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Well, I recognised his clothes

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because he was wearing the same clothes...

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..when I had last seen him.

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It has an imprinting factor on my life and also in my head.

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It's been a living hell,

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to be truthful with you,

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because we've had to live with the stigma of what he was shot for.

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Frank Hegarty was an Army agent

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who gave the British the location of rifles and ammunition in 1986.

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Nobody likes traitors or agents, informers or whatever.

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And what were the sort of things that were said to you?

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It would have been, "Up the IRA".

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"Up the 'RA, we got your da."

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-"We got your da?"

-Uh-huh.

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-Taunting you?

-Exactly.

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Yes.

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Could Frank Hegarty's life have been saved?

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Scappaticci has said he knew Hegarty was going to be shot.

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Sometimes Scappaticci didn't tell his Army handlers all he knew,

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but sometimes he did.

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Are you able to say whether any of the agents you did lose,

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intelligence services, were forewarned by Stakeknife

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that they were at risk?

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If I answered that question,

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I would be identifying individuals that were there

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and, as there's an ongoing investigation into those things,

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that's an aspect I would just leave on the table.

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At the heart of that investigation, Operation Kenova, is this question -

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were British agents allowed to die to protect Stakeknife's cover?

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Good morning, Bedfordshire Police, how can I help?

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Former counterterrorism detective Jon Boutcher,

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now Chief Constable of Bedfordshire, is leading a team of 50 detectives.

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Is there any evidence so far

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that suggests the intelligence agencies had the opportunity

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to save their lives, but, for one reason or another,

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didn't take that opportunity?

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There are families that believe

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that their loved ones' deaths could have been prevented.

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There could have been state intervention.

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Now, again, that's not straightforward.

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We need to look at the circumstances of what may or may not been known

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by those state actors, those state forces, when,

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and what opportunities they may or may not have had to do anything.

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Scappaticci was run by a special department

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within British military intelligence

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called the Force Research Unit, or FRU.

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They regarded him as their golden egg.

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The police, Special Branch, also ran agents,

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and one of their agents, Joe Fenton, ran an estate agency around here.

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The Special Branch paid Fenton to set up the agency, Ideal Homes,

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to provide the IRA with safe houses, which MI5 then bugged.

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This yielded arrests and weapons finds.

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By the summer of 1988, the IRA was suspicious.

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The Special Branch reported that

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Scappaticci was going to lead an IRA investigation

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into "every job Joe Fenton has been involved in over the years"

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to establish whether or not he was a British agent.

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I understand that Fenton was summoned to see Scappaticci

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here at Sinn Fein's Advice Centre in Belfast's Lower Falls.

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When Fenton emerged, he was dishevelled

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and he told a relative, "If I go missing, call a priest."

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Six months later, Scappaticci sent for him again.

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On the Saturday morning, he told his wife that he was going on a message.

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It turned out that he was going to a house in Lenadoon in West Belfast,

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where he met a number of people, including Fred Scappaticci.

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And as it turns out,

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that was the last time that he saw his wife.

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The owner of the house in Lenadoon was a Republican sympathiser.

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He had been approached by the IRA

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and asked would he make his house available for an interrogation,

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which he agreed to do.

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He provided a bedroom for them upstairs in his house.

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Waiting to interrogate Fenton was Scappaticci.

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Scappaticci was once secretly recorded

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explaining his technique for extracting confessions.

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The homeowner later described the scene to police.

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You could hear banging, fighting,

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and a lot of violence for a long time.

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Fenton had put up one hell of a fight

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before everything went quiet.

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Presumably he'd been maybe gagged, bound, whatever.

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Fenton was kept for another day

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after Scappaticci had broken him into confessing

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he was a Special Branch agent.

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At 7pm, Fenton was led outside.

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Approaching a footpath, he made a desperate run for it.

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His executioner fired a shot that hit him in the back...

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..then held him down

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and shot him three times in the head.

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I understand that Scappaticci had told his handlers

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that he was going to interrogate Joe Fenton again

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and warned them, "He won't survive this one."

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Well, if that's the case, and if that's correct,

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the obligation on the part of handlers or whoever else

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was more than a moral obligation

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to look after the life of that individual,

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it went beyond that.

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And if that's the case and there was prior knowledge,

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and nothing was done to intervene,

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well, that veers into the realms of criminal liability.

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Do you know why Joe Fenton's life was not saved?

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I'm not going to speak about specific cases.

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That is one of the murders that we are investigating,

0:23:050:23:10

that's within the terms of reference of Operation Kenova,

0:23:100:23:13

but I'm not going to be able to discuss at this stage

0:23:130:23:17

the issues around that particular death.

0:23:170:23:20

While the Army's Force Research Unit, the FRU,

0:23:210:23:24

were responsible for Stakeknife,

0:23:240:23:26

the Police Special Branch were responsible for Joe Fenton.

0:23:260:23:30

Two British intelligence agencies with two different priorities.

0:23:300:23:34

Did Stakeknife's intelligence take precedence? I understand that

0:23:370:23:41

when the Special Branch received his intelligence,

0:23:410:23:45

the Army usually required this caveat,

0:23:450:23:48

"No action to be taken without direct reference to FRU."

0:23:480:23:52

FRU sources have told me that

0:23:550:23:57

Stakeknife was providing a continuous flow of intelligence

0:23:570:24:02

that was saving many other lives.

0:24:020:24:04

Does that become a factor?

0:24:060:24:08

In terms of your analysis, you know,

0:24:080:24:11

is there going to be a greater loss of life coming down the line?

0:24:110:24:14

It really is a moral maze and a moral conundrum

0:24:140:24:17

as to how you actually balance out.

0:24:170:24:19

There must have been occasions when members of the intelligence services

0:24:190:24:23

had to play God. You had to decide which life you were going to save.

0:24:230:24:28

Did you confront those decisions, sort of decisions?

0:24:280:24:31

Those decisions were there.

0:24:310:24:34

Thankfully they were, as it were, rare.

0:24:340:24:38

But in the one or two circumstances that, as I say,

0:24:380:24:41

that I do have a recollection of, as I say, we did our utmost.

0:24:410:24:46

And that's the question for Kenova -

0:24:470:24:49

did the intelligence services

0:24:490:24:51

always do their utmost for all their agents?

0:24:510:24:54

We need to understand what was

0:24:540:24:57

the rationale and decision-making

0:24:570:25:00

of one person being allowed to die

0:25:000:25:04

in order, potentially,

0:25:040:25:06

if this was the case,

0:25:060:25:08

that another person can live.

0:25:080:25:10

What do you say to those people now investigating the past

0:25:100:25:12

who weren't confronted with the sort of moral dilemmas you've outlined?

0:25:120:25:17

First thing is, consider yourself lucky

0:25:170:25:21

that you didn't have the decisions to make.

0:25:210:25:24

Ten months after Joe Fenton's death,

0:25:250:25:28

Scappaticci was back at the same house

0:25:280:25:31

interrogating another Special Branch agent, Sandy Lynch.

0:25:310:25:34

It was January 1990.

0:25:360:25:38

Lynch later described his ordeal to the police.

0:25:380:25:42

I heard a voice, who I believed to be Scappaticci.

0:25:430:25:47

And then he said, "Do you know who I am, Sandy?"

0:25:470:25:50

And I said, "Yes."

0:25:500:25:51

He said, "I don't give two fucks

0:25:510:25:53

"because, where you're going, you'll not be telling no-one."

0:25:530:25:56

Scappaticci told Lynch he'd end up dead, like Fenton,

0:25:560:26:01

if he didn't confess.

0:26:010:26:02

He said, if he had his way,

0:26:040:26:05

I would get a jab up the arse and waken up in God's country,

0:26:050:26:08

hung upside down in a cow shed,

0:26:080:26:11

that he'd skin me alive and that no-one would hear me squealing.

0:26:110:26:14

As with Fenton,

0:26:170:26:19

Scappaticci warned his Army handlers there was to be an execution.

0:26:190:26:23

But unlike Fenton, this time, the cavalry was sent in.

0:26:230:26:27

As dusk gathered, security forces rescued Lynch

0:26:380:26:41

and arrested five IRA men holding him.

0:26:410:26:44

What state was he in when you got to interview him?

0:26:440:26:48

He was exhausted. He hadn't been fed.

0:26:480:26:51

His eyes were...

0:26:510:26:52

He'd been blindfolded for almost all of the time.

0:26:520:26:55

Do you think the IRA did intend to shoot him?

0:26:550:26:58

I've absolutely no doubt about that.

0:26:580:27:00

The unanswered question is why this time was the cavalry sent in,

0:27:000:27:07

when, just as before with Fenton,

0:27:070:27:09

there was a direct risk to Stakeknife's cover?

0:27:090:27:12

All we do know is that, three months previously,

0:27:130:27:16

an English policeman had been called over to Belfast

0:27:160:27:20

to investigate the undercover war.

0:27:200:27:22

John Stevens was then Deputy Chief Constable of Cambridgeshire.

0:27:240:27:27

Mr Stevens, can you tell us how your enquiry is going at the moment?

0:27:290:27:32

Well, I was called over here to do a totally independent,

0:27:320:27:34

impartial enquiry into criminal allegations,

0:27:340:27:37

and it's progressing pretty well at the present time.

0:27:370:27:39

When do you expect to...?

0:27:390:27:41

The Army tried to put Stevens off the scent.

0:27:410:27:44

Did you know that military intelligence ran agents?

0:27:450:27:49

No, we were told the opposite when we first went into Northern Ireland,

0:27:490:27:53

we were told that the Army did not run any agents whatsoever.

0:27:530:27:57

-That was a flat lie?

-Yes.

0:27:570:28:00

Stevens' officers were finalising plans for a key arrest

0:28:020:28:06

when Lynch was rescued.

0:28:060:28:08

Do you think there might be a relationship between

0:28:090:28:12

the fact that, just as you were about to make an arrest,

0:28:120:28:14

the intelligence services put on a showcase performance

0:28:140:28:17

by rescuing Sandy Lynch?

0:28:170:28:19

I wouldn't like to speculate on that.

0:28:190:28:21

But all you can say is, when our activities took place,

0:28:210:28:25

there was a certain amount of panic going on

0:28:250:28:27

in the intelligence community, that's for sure.

0:28:270:28:29

That panic was the start of multiple attempts

0:28:310:28:34

by elements of the security services to cover Stakeknife's tracks.

0:28:340:28:38

When detectives searched the house,

0:28:380:28:40

they found Scappaticci's fingerprints on the battery

0:28:400:28:43

of a device he'd used to check if Lynch was wearing a bug.

0:28:430:28:47

So Scappaticci then went on your wanted list?

0:28:490:28:52

He went on the wanted list and disappeared from public view.

0:28:520:28:57

I'm told Scappaticci fled across the border to a Dublin suburb.

0:28:570:29:02

He was facing up to eight years in jail.

0:29:020:29:04

When you issued the warrant for Freddie Scappaticci's arrest...

0:29:060:29:09

-Yeah.

-..were you told by the Special Branch

0:29:090:29:13

or any of the intelligence agencies that he was in fact a British agent?

0:29:130:29:17

No.

0:29:170:29:18

There was, however, one very senior police officer

0:29:190:29:23

who did know all about Stakeknife.

0:29:230:29:25

Now he rode to the Army's rescue.

0:29:250:29:28

According to an Army report which I gather has been discovered,

0:29:300:29:34

this police officer suggested that Scappaticci should concoct an alibi.

0:29:340:29:40

So he sent a message to the joint owner of the house

0:29:400:29:44

where Lynch had been held, asking her if she would be

0:29:440:29:48

prepared to say that he'd been in her house doing electrical work.

0:29:480:29:53

She agreed.

0:29:530:29:55

False alibi now in place,

0:29:550:29:58

Scappaticci headed home, back to Belfast.

0:29:580:30:01

He was promptly arrested and taken to Castlereagh interrogation centre.

0:30:030:30:08

To my surprise, he actually spoke.

0:30:080:30:11

He denied being involved in the Lynch kidnapping

0:30:120:30:16

and interrogation, and he accounted for this thumbprint being there

0:30:160:30:20

and he said, "Well, I did electrical work."

0:30:200:30:23

Without the alibi, would you have charged...?

0:30:230:30:26

Yeah, Scappaticci would've been charged, yes.

0:30:260:30:28

Detectives investigating Nutting Squad murders

0:30:290:30:32

might also have been able to charge the gunmen,

0:30:320:30:36

had they known their names,

0:30:360:30:38

but this intelligence was often withheld...

0:30:380:30:41

..even though there were some 30 executions

0:30:420:30:46

during Scappaticci's time.

0:30:460:30:48

Well, what we're talking about here are almost parallel processes.

0:30:480:30:51

We have one in which there is a police investigation,

0:30:510:30:55

but all along there is an entirely secret dimension to these events.

0:30:550:31:00

Now, that drives a coach and horses through the rule of law.

0:31:000:31:06

That means that those who carried out these murders

0:31:060:31:09

were not properly investigated or brought to justice.

0:31:090:31:13

So, for me, that is an appalling vista.

0:31:130:31:15

Within the IRA's high command, the rescue of Sandy Lynch

0:31:180:31:22

had aroused deep suspicion of a traitor in their midst.

0:31:220:31:26

Scappaticci was a prime suspect.

0:31:260:31:29

I understand his position in the security unit

0:31:310:31:33

was reviewed by Spike Murray,

0:31:330:31:36

the IRA's most senior man in Belfast.

0:31:360:31:40

Scappaticci was removed.

0:31:400:31:43

-Why wasn't he shot?

-He was too big to fail.

0:31:430:31:45

They could not expose the fact to their volunteers

0:31:450:31:51

that the guy who was tasked by the leadership

0:31:510:31:54

with protecting the volunteers and security of the IRA

0:31:540:31:57

was doing anything but.

0:31:570:31:58

I also think that...

0:32:000:32:01

So there was a self-interest on the part of the IRA

0:32:010:32:05

in not exposing him and not shooting him,

0:32:050:32:09

because it would have invited an awful lot of questions to the IRA

0:32:090:32:12

and to the leadership that had held him in place for so long.

0:32:120:32:15

Out of power, Scappaticci took his revenge.

0:32:150:32:19

In August 1993, ITV broadcast

0:32:240:32:27

an expose about the head of the IRA's Northern Command.

0:32:270:32:31

'The man who controls the IRA, James Martin McGuinness.'

0:32:310:32:36

The next day, Scappaticci arranged to meet the programme makers.

0:32:370:32:42

Calling himself Jack,

0:32:430:32:45

he met them in the car park at this hotel just outside Belfast.

0:32:450:32:49

He arrived in a very crisp,

0:32:510:32:54

newly-ironed white shirt and dark slacks.

0:32:540:32:57

He's very self-assured, stocky, short, dark hair, receding hair.

0:32:570:33:04

Scappaticci then vented his anger on the senior IRA members

0:33:060:33:10

who were blocking his return to the IRA,

0:33:100:33:13

including Martin McGuinness, who's recently died.

0:33:130:33:16

Asked how he knew all this,

0:33:260:33:28

Scappaticci gave this wistful response.

0:33:280:33:31

We asked him how he felt about now not being at the heart of things

0:33:490:33:53

and he said, "There's more to life than killing."

0:33:530:33:56

You asked him if he'd actually ever killed anyone

0:33:570:34:00

and what was his reaction?

0:34:000:34:02

He was evasive

0:34:020:34:04

and we were all under the impression that he clearly had.

0:34:040:34:09

When the Special Branch learned who Jack was,

0:34:090:34:12

they told the journalists, if they broadcast his voice,

0:34:120:34:16

he'd be shot - so they didn't.

0:34:160:34:18

And there, Scappaticci's secret life might have stayed secret,

0:34:200:34:24

but for a former member of the Army's Force Research Unit.

0:34:240:34:28

Ian Hurst left the FRU in 1990.

0:34:300:34:33

Nine years later, inspired, so he says,

0:34:330:34:36

by a new moral imperative,

0:34:360:34:39

he told the Sunday Times the British had a major agent

0:34:390:34:42

codenamed Stakeknife.

0:34:420:34:44

I didn't join the Intelligence Corps...

0:34:440:34:47

..to conspire to commit criminal offences.

0:34:480:34:52

Nobody has that dispensation, nobody has a licence to kill.

0:34:520:34:57

Meaning?

0:34:570:34:58

Meaning, I suppose, the greater good,

0:34:580:35:01

which is the old adage of, you know,

0:35:010:35:05

you lose one life but you save a hundred.

0:35:050:35:08

It was 1999 and John Stevens was back,

0:35:100:35:14

investigating the undercover war.

0:35:140:35:16

Hurst was interviewed by Stevens,

0:35:160:35:19

who later sought access to Stakeknife's files

0:35:190:35:22

from Army headquarters, Northern Ireland.

0:35:220:35:25

The documentation was a limited amount of documentation.

0:35:250:35:28

Most of the documents had actually been destroyed,

0:35:280:35:31

the army said, through normal, regular procedures of

0:35:310:35:35

getting rid of documentation which they didn't need.

0:35:350:35:38

Mmm. Do you believe that?

0:35:380:35:40

Well, that's what they said and I don't know.

0:35:400:35:43

In 2003, Hurst upped the ante.

0:35:450:35:49

Now, he leaked Stakeknife's real identity to the newspapers.

0:35:490:35:53

Scappaticci was spirited out of Belfast and flown to England,

0:35:560:36:01

where I gather MI5 offered him protective security,

0:36:010:36:05

which he declined, confident he could bluff it out.

0:36:050:36:10

He calculated that the IRA had every reason to support him

0:36:100:36:15

if he denied he was a spy...

0:36:150:36:17

..and he was right.

0:36:180:36:20

The IRA and Freddie Scappaticci at that time

0:36:210:36:24

had a mutual dependence on each other

0:36:240:36:27

and a mutual interest in this story not coming out,

0:36:270:36:30

and in this story being rubbished.

0:36:300:36:32

Scappaticci flew back to Belfast -

0:36:330:36:36

there he sought a meeting with the IRA leadership.

0:36:360:36:40

They came to an understanding.

0:36:400:36:43

This led to a call to a BBC correspondent.

0:36:430:36:47

At the time, it all seemed a bit last-minute, spontaneous.

0:36:470:36:52

I went to West Belfast.

0:36:520:36:55

That's when I met Freddie Scappaticci.

0:36:550:36:57

He gave me a bit of a glance and a bit of a look.

0:36:590:37:02

Scappaticci portrayed himself as an ordinary citizen,

0:37:020:37:06

so insulted by the slur that he was a spy,

0:37:060:37:09

he'd no choice but to go to a solicitor.

0:37:090:37:13

My statement basically is that I am Freddie Scappaticci,

0:37:130:37:16

I'm sitting here today with my solicitor.

0:37:160:37:19

I'm telling you I'm not guilty of any of these allegations.

0:37:190:37:22

And I suppose my thinking about that now,

0:37:220:37:24

there was no sense of nervousness in his voice

0:37:240:37:28

because he's delivering a prepared script

0:37:280:37:30

that he knows people are on board for.

0:37:300:37:32

Why do you think this label Stakeknife has been attached to you?

0:37:320:37:36

I don't know.

0:37:360:37:37

And just one final question,

0:37:370:37:39

were you at any stage a member of the IRA

0:37:390:37:41

and involved in the Republican movement?

0:37:410:37:44

Erm...

0:37:450:37:46

I was involved in the Republican movement...

0:37:480:37:50

..13 years ago.

0:37:510:37:53

But I have no involvement...this past 13 years.

0:37:550:37:58

-And what about the allegations...?

-Sorry. That's us finished.

0:37:580:38:01

That's us finished. You got three.

0:38:010:38:03

The British Army's master spy had put on a bravura performance.

0:38:030:38:07

Just one thing I would like...

0:38:070:38:09

No, turn the camera off, please.

0:38:100:38:12

But then his performance had been choreographed by the IRA

0:38:120:38:17

from start to finish.

0:38:170:38:18

I'm told the IRA's head of intelligence was watching

0:38:200:38:23

from across the street.

0:38:230:38:25

I think it wasn't about saving Freddie Scappaticci's life.

0:38:250:38:28

I think it was about saving the skin of the IRA's reputation.

0:38:280:38:31

Normality had returned to Northern Ireland.

0:38:350:38:38

The IRA claimed to have fought the British to an honourable draw,

0:38:380:38:43

instead of being pushed into peace,

0:38:430:38:45

paralysed by the penetration of agents like Stakeknife.

0:38:450:38:49

They were lauding their peace process as a serious victory

0:38:510:38:57

and now we're seeing that the man who helped

0:38:570:38:59

make the peace process possible

0:38:590:39:01

was none other than Freddie Scappaticci,

0:39:010:39:04

a senior British agent at the heart of the IRA.

0:39:040:39:06

As for Scappaticci, his chutzpah knew no bounds.

0:39:090:39:14

Now he demanded ministers deny he was Stakeknife,

0:39:140:39:18

but the government wasn't about to end a decades-long convention.

0:39:180:39:22

Further comment was made about the question of Stakeknife.

0:39:240:39:29

Honourable members of the house will not be surprised if I say

0:39:300:39:33

that I will not comment on intelligence matters.

0:39:330:39:37

So Scappaticci took the government to court.

0:39:380:39:41

He lost. But, crucially, I understand he told a lie

0:39:410:39:46

by swearing on oath an affidavit to say he was not Stakeknife.

0:39:460:39:50

And then Scappaticci's nemesis returned,

0:39:540:39:58

demanding the police investigate him for perjury.

0:39:580:40:01

What was their initial reaction?

0:40:040:40:05

Indifference...

0:40:050:40:07

..bordering on incredulity...

0:40:090:40:12

..which culminated in,

0:40:130:40:15

once put under pressure to come to a decision,

0:40:150:40:18

which took an almighty amount of time,

0:40:180:40:22

quote-unquote it was "uninvestigatable".

0:40:220:40:25

How an allegation - because that's what it is,

0:40:250:40:29

it's only an allegation of perjury -

0:40:290:40:31

is "uninvestigatable" is beyond my comprehension.

0:40:310:40:35

It either is a fact or it isn't.

0:40:350:40:38

Reluctantly, the police conducted an enquiry,

0:40:390:40:43

which I'm told was cursory.

0:40:430:40:46

In 2007, they sent a file

0:40:460:40:47

to the Northern Ireland Director of Public Prosecutions.

0:40:470:40:51

The DPP decided not to prosecute Scappaticci for perjury

0:40:520:40:57

on the grounds that, even if he had lied to the High Court,

0:40:570:41:01

he'd genuinely feared for his life, leaving him no choice but to lie.

0:41:010:41:06

And yet Scappaticci had voluntarily returned to Belfast

0:41:070:41:12

to do a deal with the IRA

0:41:120:41:13

and he'd rejected MI5's offer of protective custody.

0:41:130:41:19

In 2015, the new DPP, Barra McGrory QC,

0:41:200:41:26

also seems to have noted a contradiction.

0:41:260:41:29

I have serious concerns in relation to this decision.

0:41:290:41:33

I understand a senior lawyer involved in taking that decision

0:41:330:41:37

was the DPP's deputy, Pamela Atchison.

0:41:370:41:40

She's no longer at her desk.

0:41:400:41:43

But can you say at least why your deputy director, as I understand it,

0:41:440:41:51

has been on gardening leave now for some months?

0:41:510:41:55

That's not appropriate for me to discuss

0:41:550:41:57

the deputy director's personnel issues.

0:41:570:41:59

In essence, is your concern that there was a yet further attempt

0:41:590:42:03

to protect this agent?

0:42:030:42:05

Well, that is the subject of a specific criminal investigation,

0:42:050:42:08

or a specific aspect of the ongoing criminal investigation,

0:42:080:42:12

so I think it would not be proper for me

0:42:120:42:14

to engage in discussion on that.

0:42:140:42:16

Much has been written about previous enquiries into

0:42:180:42:22

the Northern Ireland conflict,

0:42:220:42:23

but none of these enquiries pose a threat

0:42:230:42:27

to as many vested interests as Operation Kenova.

0:42:270:42:31

It goes beyond Stakeknife, military intelligence,

0:42:310:42:34

and even the Prosecution Service,

0:42:340:42:36

to those charged with the defence of the realm.

0:42:360:42:39

When the commanding officer of the Force Research Unit,

0:42:420:42:45

the military intelligence unit that ran Stakeknife,

0:42:450:42:49

was interviewed by the police, I gather he replied testily,

0:42:490:42:54

"Why are you interviewing me?

0:42:540:42:56

"MI5 was the recipient of our intelligence.

0:42:560:43:00

"We collected intelligence for MI5.

0:43:000:43:03

"They're the people you should be speaking to."

0:43:030:43:06

Kenova also extends to those IRA leaders

0:43:070:43:11

said to have authorised the executions,

0:43:110:43:14

some of whom are now senior politicians here.

0:43:140:43:17

If there's any group that might be uncomfortable

0:43:180:43:22

with this investigation it is the IRA

0:43:220:43:24

because, if there's an agent engaged in a series of murders,

0:43:240:43:29

then it was the IRA who sent him out to do them.

0:43:290:43:31

That is why this case disturbs me so greatly,

0:43:310:43:35

is because there was a potential complete corruption

0:43:350:43:39

of the judicial and legal process insofar as investigations,

0:43:390:43:46

prosecutions and trials were concerned.

0:43:460:43:49

I think Scappaticci has the potential to pull the roof down...

0:43:490:43:51

..on all sorts of people,

0:43:530:43:55

whether at the top of the Republican leadership

0:43:550:43:58

or whether within the intelligence community and beyond.

0:43:580:44:01

And I'll be amazed if we get to that point.

0:44:040:44:07

Because?

0:44:080:44:09

Because it's too damaging for too many people.

0:44:100:44:13

We'd like to have put the allegations in this programme

0:44:160:44:19

to Freddie Scappaticci,

0:44:190:44:22

but a court order prevents us from even approaching him.

0:44:220:44:25

The charge against the state is that blind eyes have been turned

0:44:260:44:30

to multiple murder, including fellow agents of the state.

0:44:300:44:35

So to whom will the state now give its ultimate allegiance -

0:44:350:44:40

agent 6126 or those he prepared for death?

0:44:400:44:45

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