08/12/2015 Spotlight

14. Schoolgirl. That day, she came home in a box. Why? We want to get

the answers that we are looking for. And those console, in Northern

Ireland. Some people have waited more than 40 years. -- answers come

slowly. The wait for answers was supposed to end with the agreement

at Stormont. But they got hobnob on the past. The major roadblock, the

access to official information. Files like these. Information is the

battlefield. The government has said, we need to have special

restrictions, secrecy on the grounds of national security. But families

of people shot by the Army, want to know why answers are still out of

reach. I cried. Tonight, the war for information. The government wants to

stop secrets being taken into the open, can we trust the reasons, or

is national security being used to hide documents, that would reveal

killings by members of the state. I would never forgive them.

Old soldiers on the march, last month. These former servicemen,

protest thing about investigations into a lot. -- tellings. What we are

there for, we want to level the playing field, ensure that veterans

are not prosecuted for doing duty. Families of those killed at the

Troubles are pushing for more investigations, but for these men,

turning back the clock to pursue them is unjust. I do not see why we

are being investigated. F terrorists are pardoned... Yet we are serving

soldiers, and can be arrested 40 years later, it is not correct. Do

you sympathise with families who have lost loved ones? Absolutely.

100%. But you cannot have one rule for one... What if a soldier

murdered an innocent person? It never happened. No such thing. We're

not hiding. They knew the potential for danger. Why be there? The place

where Richie McKinney died was behind the wheel of his car. He was

picking up his wife from war. A Protestant, -- work. He was killed

in 1972. It was the bloodiest year of the the Troubles. In Belfast,

tensions have been building between soldiers and Protestants, angry that

they seemed unable to stop IRA. What is going to happen, if the Army has

not brought peace? The Protestants will take this into their own hands.

Do you think this could get rough? Just now, they think we're their

soldiers. But they do not seem to realise, we are just as liable to

shoot him, as anybody else. The tensions exploded. This was eight

months after bloody Sunday. And the same battalion of the Parachute

Regiment had killed civilians at Derry, now taking part in gun

battles at Belfast. Afterwards, the commander gave his account of what

happened in disturbances. We were ambushed. We resisted the onslaught.

To Protestant men killed. -- two. Local people, accusing paratroopers

of indiscriminate shooting. Nothing indiscriminate about it. 25 rounds

fired. We had a wounded man, dead man. Positively tested with

paraffin. They had been handling firearms. In fact, neither of the

men was a loyalist gunman. The circumstances of Richie McKinney's

death, still haunt his daughter. It came on the news, that the army had

shot two people, the family were devastated. Paratroopers said he had

seen shots fired from the direction of Richie McKinney's vehicle. They

said the gunman got out, ran off. The soldier who shot Richie McKinney

was also deployed at bloody Sunday. He had not actually opened fire in

that incident. This time, he did. Years later, the bloody Sunday and

quietly would hear he had said shooting Richie McKinney was an

enjoyable experience, enhancing my standing in the battalion. Carol

says she lived with the blackening of her father as a gunman for 40

years. I should not have to justify my father. Was he a policeman? No.

Who shot him? The army. I would tell them he was innocent, you could see

them go, oh really, doubt it. The Ministry of Defence later paid

compensation to the family for the death. But that army never publicly

retracted its version of events. After the killing, Carol wrote to

the government. But nothing happened. Then, a startling

discovery. Visa just stumbled upon the Ministry of Defence document, in

the National Archives. This private memo revealed... I cried when I read

that. Says it all. That was what truly happened. Innocent man. They

admitted that. But it was kick secret. 40 years. That was the last

weekend of his life. I am fighting for his memory. I am fighting

because I have got grandchildren. If they seek out family history... Read

things... What are they going to think? I want an apology. The

Ministry of Defence told us it would be happy to look into the Richie

McKinney case, if contacted by the family. In 2005, the historical

enquiry team was set up, to bring closure to families like this. But

two years ago, it was scrapped. That was mainly because of shortcomings

into its investigations are both militarily killings. Last year, a

proposal to replace that with the historical investigations unit.

Crucially, the government agreed it could see all the relevant

militantly documents. In other words, investigators would say

fables that the HET didn't. It was a proposal for a independent police

unit, with full access to all documentation available. Any death.

No matter who was responsible. Excellent proposal. But the family

is hoping for new information faced an obstacle. Political leaders

reaching an agreement after two months. But no deal on the past. The

government introduced what is known as the national security clause.

That means the Secretary of State could prevent families knowing what

happened. As she believed making some information public could risk

UK security. We want families to have as much information as

possible, but a certain amount of sensitive information that if it was

publicly known, with potentially give assistance. The UK Government

has essentially marks families up the hill, push them off. This man

was a Northern Ireland security minister. He said the Ministry of

Defence needs to be more open with information, but also have to be

careful about revealing methods of gathering intelligence.

Transparency is very important, but it is difficult when you have

agents, as we did, infiltrated into the IRA and they are doing a very

important job. Obviously, any release of any document which could

even start to point out who that was would mean their life would be in

severe danger. But families and campaigners fear

that the state will use national security as an excuse to cover up

wrongful killings. This is the spot where she was shot,

she fell, the crowd gathered around. She fell on her face just over

there. There was all blood, she lost that much blood.

September 1971. 14-year-old Annette had just finished school for the

day. There was rioting in the area, she went to have a look. A bomb

exploded nearby and soldiers opened fire. These are her plimsolls that

she wore the day she was murdered. And to this day, you can still see

spots of blood on the plimsolls. The soldiers said they were being

shot at and claimed her death was an accident. But there was little or no

interest in into her killing because, in the early 1970s, the

police were not allowed to interview soldiers. Now the family once the

army to open its files on the killing, but the Ministry of Defence

is refusing to release them. The MOD would not even confirm which

regiment of the British Army was responsible, it's just beggars

belief. It has been an incredibly uphill struggle to get any

information. The family didn't give up, but it has been like crowing

hen's teeth, it really has been extraordinary. -- drawing. It is

frustrating, very frustrating, you feel as if you are banging your head

on a wall at times. As a family, we want to know why, we want somebody

to be held responsible. Last year, the family took legal

action to try to force the Il Divo released commence relating to this

case. -- to force the MOD. Their lawyers discover that all the secret

military files relating to the entire Troubles were open to

destruction because there was no official protection. Only in 2014

did the Government finally put what is known as a preservation order on

the documents to keep them safe, and this is it. Some worry it came too

late. That order should have been issued many years beforehand, and we

don't know what was destroyed in the meantime. The Ministry of Defence

told us that some nonessential Troubles documents have been

destroyed, but others are already publicly accessible. They said

closed files are retained because of personal or operational

sensitivities. Last week, the McGavigan family

received a draft copy of the Historical Enquiries Team report

into Annette's death. In it, the HET detectives said they ask the MOD to

identify the soldiers firing the shots that they so they could talk

to them. But the detectives couldn't get the names. The Ministry of

Defence even today claimed they never read tame the name of soldiers

who were involved in lethal force incidents here, soldiers who killed

people. I don't believe the Ministry of Defence has not retained the

names of soldiers. I believe for them not to do so would be illegal.

The state's determination not to give up its archives has been tested

in court in recent years - when it refused to hand over files relating

to army activities in Kenya in the 1950s. The Government later had to

pay compensation for torture committed by soldiers. This

journalist has ridden extensively bout what he calls the state's

culture of concealment. -- written. We know the British Government tends

to conceal that which might embarrass the Government or the

armed forces. It is an attempt to sculpt the past. Ian questions the

Government's commitment to opening its secret archives to examine the

army's roll here. Two years ago, he reported the army had moved

thousands of files out of Northern Ireland into secret warehouses in

England, and he says those hidden archives were not even disclosed to

HET detectives who were investigating military killings. I

know they didn't know about those files, senior figures were clear

that they had not been told, they didn't know they existed. An HET

source told us the same thing, but the Ministry of Defence says the HET

had full access to files. What seems clear is that when army files are

opened, they often hold a significant information.

Gene didn't wear a uniform, she didn't carry a gun, she was an

innocent taken off the earth. -- Jean. For 40 years, Jean Smith's

sisters believed she had been shot by the IRA. But the chance discovery

of long hidden army documents turned that believe completely upside down.

They now believe she was killed by soldiers. Jean Smith was 24 and from

West Belfast. A working mum trying to build a life for herself and her

daughter. It was June 1972. Her boyfriend talked her into going out

for a quick drink. She never came home. On their way back to Jean's

house, gunfire hit the car. Jean was shot in the head. A passing taxi

picked her up to take her to hospital, but she died. Jean left

behind a 6 -year-old daughter. The family never recovered. She was 24

years of age and had her whole life in front of her, a lovely, beautiful

daughter who she loved and adored, and that was all taken from her. In

2012, her death was re-examined by the HET. They concluded what had

always been assumed - that it was the IRA who most likely killed Jean.

What do you do? I mean, IRA? Who do you turn to? Who can you say, you

are in fear, what about the rest of our family, my brothers, our

husbands, you know? Absolute terror, like. Back then, there was

no council, nobody to go to, no investigations, there was nothing.

That was until the discovery which changed their whole view of what

happens to their sister. This is Ciaran. He began visiting

the National Archives a decade ago to research the loyalist murder of

his grandmother. My grandmother was murdered. What drives me is the same

thing that drives all of our families, and that is the driver for

truth. He now regularly comes here to research government documents

about the troubles for other families. Last year, he found

crucial evidence from 1972. It was all the incidents reported from

right across the North, reported upwards to headquarters, so they

offer little snapshots of what was actually happening back then. These

records show uniformed and undercover soldiers opening fire in

the area where Jean was hit. And the soldiers claimed to have shot

someone. It has been reported from the Brigade Major, EBM, that police

are dealing with the dead girl found in the taxi. In the same log, it is

known that the security forces claimed ahead. The security forces

claimed ahead, the army saying they shot somebody. In your view, that

ties Jean's killing to a military hit? It is not my view, it is the

Brigade Major's view, written down very plainly for us to see. This is

the HET were poured into Jean Smith's murder, which was completed

three years ago. -- HET report. Nowhere does it mention the military

logs which suggest the military might have been involved in a

shooting. They appear to have been missed. Ciaran took copies of the

files to Jean's family. They were astounded, and they now believe the

army covered up the full facts of what happened to their sister. God

forgive them, because I can tell you, our family will never forgive

them, never, they never knew the truth.

Is evidence does not conclusively prove that soldiers shot Jean, but

for the first time it raises that possibility. The Ministry of Defence

told us that the fact these files were publicly accessible tends to

disprove the suggestion that it has suppressed material concerning

civilian deaths. The files have now been removed from public access. The

National Archives told us this was to review data protection. Kew's

family have gone to court to ask for an independent investigation into a

killing. The MOD said it would co-operate with any authorised

inquiry. But when people like Jean's sisters push for new

investigations, these former soldiers feel like they are back in

the firing line. All of us signed a cheque to our country to the value

of our lives. We are not terrorists. We are not criminals. Can you put

yourself into the shoes of somebody who says that there loved one... I

am in those shoes, they shot my family, so I am in those shoes,

those men were my brothers. So I have to get over it. I am afraid you

have to do the same. As part of their demonstration, they brought a

petition to Downing Street protesting at the recent arrest of

one of their comrades over the Bloody Sunday killings. And their

arguments have been heard in the House of Commons, taken up by the

Government's own backbench MPs. I submit that it is immoral for the

stage to seek to put these men on trial. So how much of the political

pressure bed into Theresa May let's thinking when she said there must be

a national security clause to limit historic investigations in Northern

Ireland? I wanted to ask the Secretary of State, but she declined

to speak to us. The Government's critics believe the national

security clause is to open to abuse. The UK Government has taken a

position that national security means what ever they want it to mean

at any particular time. There is no official definition in legislation,

or anywhere else. National security is quite a broad concept, isn't it,

it arguably embraces national embarrassment. If people have died

in questionable circumstances 45 years ago, plenty of people in the

MOD would regard the evidence of that as something that should be

retained from the public, from historians and lawyers on national

security grounds. All of which raises the question - will the

Government or the army ever really give up their Northern Ireland

secrets? Eventually, it is going to have to be accepted that there are

some security issues which will never be revealed, or will not be

revealed in your or my lifetimes. That is not only to protect perhaps

agents, but also it would reveal methods we had of gaining

intelligence which still classified and still secret, and we still use.

Do people, then, have to, in your view, come to an acceptance that

there will be secrets the stage will never give up? Yes.

The families of those killed by the army not prepared to accept state

secrets can get in the way of truth and justice. We need to know the

truth, no matter how long it takes. And we will not rest until we get

the truth. She was one of ours, we are not going to let, you know, the

British kind of just push aside. So we will fight to the end. All of

these families also believe the state is playing a waiting game -

waiting for them to age and die, and full their fight for the facts to

die with them. What they have you got in the British Government to

tell the truth about stories like yours? To be perfectly honest, with

everything that has happened in my past, I honestly do not think that

we will get what we want, that I would get what I want from the

British Government, unless they have a change of heart, which they should

have. Defence ministers declined to speak to us, but in a statement the

MOD did make one admission - that investigations into army killings in

the early years of the Troubles were not up to modern processes and

procedures. For former soldiers, that may be an unsettling

acknowledgement that there are questions to answer. But for the

families, it could be a signal that it is too late to find the truth -

and some secrets will stay stuck in the past.

Do you have views on BBC Radio Ulster,

If so, the BBC Trust would like to hear from you.