07/03/2017 Spotlight


07/03/2017

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LineFromTo

Right, can everybody hear me at the back?

1:36:271:36:30

-SHOUTING

-Can you hear me?

1:36:301:36:33

We're going to move off to Number 10.

1:36:331:36:36

These men are British Army veterans of the Troubles.

1:36:361:36:40

The way we're going to do it is in an orderly fashion.

1:36:401:36:44

Former soldiers on the march.

1:36:441:36:47

Proud to have served the Queen.

1:36:471:36:50

But now, angrily challenging the very state they served

1:36:521:36:56

in Northern Ireland.

1:36:561:36:57

There's a foul smell that emanates from that house over there.

1:36:571:37:01

SHOUTS OF AGREEMENT

1:37:011:37:02

It's the smell of fear.

1:37:051:37:08

It's the smell of cowardice.

1:37:081:37:10

It's the smell of betrayal.

1:37:101:37:12

They are betraying us

1:37:121:37:14

because they don't care.

1:37:141:37:16

This former member of the SAS stormed the Iranian Embassy

1:37:211:37:25

in London in 1980.

1:37:251:37:28

Now speaking out against the Government,

1:37:281:37:31

his hand shook as he called for an end to investigations

1:37:311:37:34

of Army killings.

1:37:341:37:36

Margaret Thatcher would turn in her grave!

1:37:371:37:40

SHOUTS OF AGREEMENT

1:37:401:37:42

She would turn in her grave to see what is happening to her boys today.

1:37:481:37:54

Thank you.

1:37:561:37:57

Old soldiers marching on Downing Street

1:38:021:38:05

isn't really much of a threat to the Government,

1:38:051:38:07

but it does illustrate the political minefield

1:38:071:38:11

opening up in front of Theresa May.

1:38:111:38:14

The veterans want to stop new investigations

1:38:171:38:20

into Army killings during the Troubles.

1:38:201:38:23

They have been energised by a scathing Parliamentary report

1:38:231:38:26

that forced the Government to shut down

1:38:261:38:28

the Iraq Historical Allegations Team, known as IHAT,

1:38:281:38:33

after allegations that it had turned into a witch-hunt against soldiers.

1:38:331:38:37

They now want a similar intervention in Northern Ireland,

1:38:391:38:43

just when Mrs May and her Government

1:38:431:38:45

have to figure out how to put Stormont back together again.

1:38:451:38:49

The Prime Minister could be forgiven

1:38:511:38:53

for thinking that her predecessors had dealt with Northern Ireland.

1:38:531:38:57

But now it's dropping back on to the political agenda.

1:38:571:39:02

Good morning, comrades. I'm delighted to be here...

1:39:021:39:05

Jeffrey Donaldson wants a statute of limitations

1:39:051:39:08

that would stop police from reinvestigating incidents

1:39:081:39:12

involving soldiers from decades ago.

1:39:121:39:14

What we're talking about here are historic investigations,

1:39:171:39:20

investigations that in some cases go back over 40 years.

1:39:201:39:25

They've been investigated by the police,

1:39:251:39:28

and the statute of limitations would relate

1:39:281:39:31

to reopening investigations.

1:39:311:39:33

But Sinn Fein says the soldiers are looking for special treatment.

1:39:351:39:39

There's an accountability deficit we're dealing with here.

1:39:411:39:45

What we're dealing with, the vast majority of these

1:39:451:39:48

state killings were done by the British Army,

1:39:481:39:51

and frankly they have been acting with impunity,

1:39:511:39:54

and now what we're hearing from MPs over in Westminster, and others,

1:39:541:39:59

including some Unionists, is saying that they should have immunity.

1:39:591:40:02

And these are the people who stated

1:40:021:40:04

that they were absolutely against immunity,

1:40:041:40:06

and they're trying to legalise it.

1:40:061:40:07

You cannot legalise immunity for murder.

1:40:071:40:10

This man is the immediate focus of the veterans' campaign.

1:40:121:40:16

Dennis Hutchings, like the other former soldiers, is angry.

1:40:191:40:23

The majority of our MPs from this and previous governments,

1:40:231:40:30

and I also include those buggers who sit in the MOD,

1:40:301:40:34

have spent millions on setting up inquiries like HET,

1:40:341:40:41

IHAT, Afghanistan, etc, etc,

1:40:411:40:45

and have done absolutely bloody nothing for us!

1:40:451:40:50

SHOUTS OF AGREEMENT

1:40:501:40:52

In his case, the anger is personal.

1:40:521:40:56

Well, today is wake-up day for them,

1:40:561:41:00

because the vast majority of the people

1:41:001:41:04

of this United Kingdom support us.

1:41:041:41:07

CHEERING

1:41:071:41:10

Dennis Hutchings isn't just an Army veteran.

1:41:101:41:13

The Crown has also accused the 75-year-old of being a criminal.

1:41:131:41:18

43 years ago, on this road outside Benburb,

1:41:231:41:27

Dennis Hutchings was part of an Army patrol

1:41:271:41:29

that shot John Pat Cunningham,

1:41:291:41:31

a 27-year-old man with a learning disability.

1:41:311:41:35

The Ministry of Defence apologised for the killing four years ago.

1:41:351:41:40

Later this month,

1:41:431:41:44

Dennis Hutchings is due to appear in a court in Northern Ireland

1:41:441:41:48

to answer the charge that his role in the shooting

1:41:481:41:50

amounted to the attempted murder of John Pat Cunningham.

1:41:501:41:54

He will be the first soldier to stand trial

1:41:541:41:57

on a Troubles-related charge for almost two decades.

1:41:571:42:00

And another prosecution is coming.

1:42:051:42:07

Two former members of the Parachute Regiment

1:42:071:42:10

are expected to be charged with murdering the man

1:42:101:42:13

in this famous photograph - official IRA gunman Joe McCann,

1:42:131:42:18

as he ran from a patrol in 1972.

1:42:181:42:22

Veterans thought their connection to the Troubles ended years ago,

1:42:231:42:27

but each new case, according to the Prosecution Service,

1:42:271:42:30

involves new evidence.

1:42:301:42:33

And hundreds more soldiers are due to be scrutinised

1:42:331:42:36

by the PSNI's legacy unit.

1:42:361:42:39

What about those people who would say,

1:42:411:42:42

you are not exempt from prosecution, you're not above the law either?

1:42:421:42:45

Nobody here would claim to be exempt.

1:42:451:42:48

If anybody here has done an offence,

1:42:481:42:51

we would be the first ones, first of all to report it,

1:42:511:42:54

and accept the punishment.

1:42:541:42:56

We would advocate if a soldier has done wrong,

1:42:561:42:58

they should be prosecuted.

1:42:581:43:01

What we are objecting to is that some people

1:43:011:43:03

do not get prosecuted and we do.

1:43:031:43:07

It is that equality of treatment that we are fighting for

1:43:071:43:10

and demonstrating for today.

1:43:101:43:12

At Downing Street, veterans handed in a letter,

1:43:161:43:19

demanding an end to the prosecutions.

1:43:191:43:22

They also want the prosecutor who ordered the first case,

1:43:221:43:26

Barra McGrory, sacked, because his former legal clients

1:43:261:43:30

include Gerry Adams and Sinn Fein.

1:43:301:43:34

Mr McGrory says his decisions are impartial and he has been defended

1:43:341:43:39

by Secretary of State James Brokenshire.

1:43:391:43:41

But Mr Brokenshire also said the system

1:43:431:43:45

for investigating historic cases in Northern Ireland

1:43:451:43:48

is not working and needs to be overhauled.

1:43:481:43:52

His boss also had something to say.

1:43:521:43:54

In the case of Northern Ireland,

1:43:541:43:56

90% of deaths were caused by terrorists,

1:43:561:43:59

and it's essential that the justice system reflects this.

1:43:591:44:02

It would be entirely wrong to treat terrorists more favourably

1:44:021:44:05

than soldiers or police officers.

1:44:051:44:07

Now the storm raised by the soldiers

1:44:071:44:09

has blown well beyond Westminster.

1:44:091:44:12

So far, the campaign by Northern Ireland veterans

1:44:131:44:16

has had the impact they wanted.

1:44:161:44:19

Cabinet Ministers have supported them,

1:44:191:44:21

the Prime Minister has even weighed in.

1:44:211:44:24

But there has been another unintended effect -

1:44:241:44:27

their campaign has become highly political in Northern Ireland.

1:44:271:44:32

In the aftermath of last week's election,

1:44:371:44:39

the prosecution of former soldiers looks like another issue

1:44:391:44:43

that complicates Northern Ireland's already tangled legacy debate.

1:44:431:44:48

A debate bedevilled by the equal treatment of victims,

1:44:531:44:57

the State's refusal to release information

1:44:571:45:00

that it deems necessary to national security,

1:45:001:45:03

and the funding of inquests,

1:45:031:45:05

which Sinn Fein says prompted it to break off its meeting

1:45:051:45:08

with the Secretary of State today.

1:45:081:45:10

Before the election, this mainly Unionist victims' group in Cookstown

1:45:101:45:15

heard warnings about the growing controversy.

1:45:151:45:18

There's going to be talks.

1:45:191:45:21

You know one of the bargaining chips that's going to be in it?

1:45:211:45:23

It's going to be victims' issues.

1:45:231:45:25

And when it comes down to it, it will be a trade off.

1:45:251:45:28

The very same night, Sinn Fein's new Northern leader

1:45:301:45:33

accused the British Government of trying to cover up the past.

1:45:331:45:37

They don't want the world to know what they did in our country.

1:45:391:45:43

They don't want the world to know about the death squads,

1:45:431:45:46

about shoot-to-kill,

1:45:461:45:47

about the torture and the full extent of collusion.

1:45:471:45:50

In Portadown, the leader of unionism told victims at a campaign rally

1:45:551:46:00

that she will not tolerate the pursuit of the security forces.

1:46:001:46:03

I would rather be out of power for a generation

1:46:051:46:09

than in power on the backs of those people

1:46:091:46:13

who gave everything to serve our community.

1:46:131:46:15

Those who defended us,

1:46:151:46:17

those who put themselves between us and the terrorists,

1:46:171:46:23

I am not going to allow those people to be sacrificed

1:46:231:46:29

on the altar of political expediency.

1:46:291:46:32

I have to say.

1:46:321:46:33

-Hear, hear.

-APPLAUSE

1:46:331:46:35

That's the general manager's house, where my mother was brought up.

1:46:451:46:49

For the first time in decades,

1:46:491:46:51

Andrew Sayers is back in Belleek, County Fermanagh,

1:46:511:46:54

his mother's hometown.

1:46:541:46:56

The earliest memory I've got is looking at a picture of my mother

1:46:571:47:01

standing at the back of this house in the garden.

1:47:011:47:04

Once, Andrew's family was Belleek Pottery.

1:47:041:47:09

They ran the factory for two generations.

1:47:091:47:11

-That looks like the pile of pots.

-Yeah.

1:47:131:47:15

They'd failed quality control and I was allowed to smash them,

1:47:151:47:19

with full permission, because they weren't going to be sold.

1:47:191:47:22

Like his ancestors, Andrew also came to work in Belleek.

1:47:251:47:30

But he flew in under the cover of darkness and hid in the hedgerows,

1:47:311:47:35

carrying out special operations as an Army officer.

1:47:351:47:40

We came up the valley,

1:47:401:47:41

put the helicopter down behind the high ground.

1:47:411:47:43

It was dark and the idea was to ensure

1:47:431:47:46

that nobody could see where we were disembarking the troops.

1:47:461:47:49

You spent your holidays here as a boy.

1:47:491:47:51

Your mum grew up in the house beside Belleek Pottery,

1:47:511:47:54

and yet you came back here under cover of darkness.

1:47:541:47:57

What was that like?

1:47:571:47:59

It felt horrible.

1:47:591:48:00

Just down the hill from my aunt's house.

1:48:001:48:03

And I knew that if I had climbed the hill from

1:48:031:48:06

100 yards down there,

1:48:061:48:08

I would have been welcomed and given a cup of tea.

1:48:081:48:10

-This was hostile territory...

-Yes.

1:48:101:48:12

Did you regard these people as the enemy?

1:48:121:48:14

Yes. I was very conscious that the children that I had played with

1:48:141:48:17

when I was eight, perhaps one or two of them

1:48:171:48:19

were now members of an IRA unit.

1:48:191:48:22

The law applies equally to us as it applies to the terrorists.

1:48:221:48:27

Andrew is one of the organisers of the veterans' campaign.

1:48:271:48:32

They say the new prosecutions,

1:48:321:48:34

the investigations and a series of inquests

1:48:341:48:36

into security force killings amount to a witch-hunt.

1:48:361:48:40

This former member of the Black Watch

1:48:421:48:44

believes soldiers suspected of any wrongdoing

1:48:441:48:47

have already been sufficiently investigated.

1:48:471:48:51

They were investigated thoroughly at the time.

1:48:511:48:55

A soldier is subjected to a series of investigations

1:48:551:48:58

if he fires his gun that is far more vigorous

1:48:581:49:01

than terrorists are subjected to.

1:49:011:49:05

We have to face not only the civil police,

1:49:051:49:08

but the Royal Military Police.

1:49:081:49:10

Any belief that the military police is best mates with the British Army,

1:49:101:49:15

they don't understand how it operates.

1:49:151:49:18

Killings by the military account for about one-third

1:49:221:49:25

of the Troubles cases now in front of the PSNI.

1:49:251:49:29

The British Government agrees with the veterans

1:49:291:49:32

that that is disproportionate,

1:49:321:49:34

because the Army was responsible for less than 10% of the deaths.

1:49:341:49:38

But there is a great deal of evidence

1:49:381:49:41

that the reason so many Army killings are being re-examined now

1:49:411:49:45

is that they were not properly investigated in the first place.

1:49:451:49:50

A man with a weapon. Then you may shoot him. A man with a weapon.

1:49:501:49:55

At the heart of this story is a fundamental disagreement

1:49:551:49:58

about how military killings in Northern Ireland were investigated.

1:49:581:50:03

Soldiers believe they were subjected to rigorous scrutiny

1:50:031:50:06

and investigations, and that when they were told

1:50:061:50:09

they were in the clear, that was it. Case closed.

1:50:091:50:12

But many families of people killed by the Army do not agree.

1:50:171:50:21

In Londonderry's Free Derry Museum,

1:50:261:50:28

British Army radio transmissions are played on a loop.

1:50:281:50:33

'60 fired at a bomber in William Street. Man hit.'

1:50:331:50:37

These are the actual sounds of Bloody Sunday,

1:50:371:50:40

when 13 people were shot dead by the Army in January 1972.

1:50:401:50:45

I'm meeting John Kelly,

1:50:501:50:52

whose brother was a teenager when he was killed.

1:50:521:50:55

My brother Michael was only 17,

1:50:551:50:57

and the youngest to die on Bloody Sunday.

1:50:571:50:59

And that's the little Babygro that was used to stem the flow

1:50:591:51:03

of blood when he was taken into the house after being shot.

1:51:031:51:05

That was the first thing the mother of the house grabbed,

1:51:051:51:07

was that Babygro.

1:51:071:51:09

So that actually, the blood on that Babygro

1:51:091:51:11

-is your brother's blood from that day?

-It's the blood of my brother.

1:51:111:51:14

It's extremely important to my family that we have something

1:51:141:51:17

belonging to Michael here.

1:51:171:51:18

Despite the high profile attached to Bloody Sunday,

1:51:221:51:25

the families of the dead said it took more than 35 years

1:51:251:51:28

for the killings to be properly investigated.

1:51:281:51:31

In 2010, after the biggest and most expensive inquiry

1:51:331:51:38

in British legal history,

1:51:381:51:40

the Government apologised for the killings,

1:51:401:51:43

saying they were unjustified, unjustifiable and wrong.

1:51:431:51:47

Do you think the soldiers involved in Bloody Sunday

1:51:501:51:53

were properly investigated at the time?

1:51:531:51:56

No.

1:51:561:51:57

So you're clear that at the time, your brother's death,

1:51:571:52:01

the deaths of the others that day were not investigated properly?

1:52:011:52:04

They were not investigated properly.

1:52:041:52:06

And for anyone else to say different,

1:52:061:52:09

they are living in Cloud Cuckoo Land.

1:52:091:52:12

There was never a murder investigation

1:52:121:52:14

by the police at the time.

1:52:141:52:16

The PSNI recently sent investigation files on Bloody Sunday

1:52:181:52:23

to the Prosecution Service, which means the soldier who killed

1:52:231:52:27

Michael Kelly could be the next veteran in the dock.

1:52:271:52:30

John doesn't speak for all the families,

1:52:321:52:34

but he would welcome that day in court.

1:52:341:52:37

Will prosecutions bring closure?

1:52:371:52:40

Prosecutions will certainly bring closure to me.

1:52:411:52:44

We have been...

1:52:441:52:46

It's 45 years since Bloody Sunday, and I was 23 on that day.

1:52:461:52:52

Some of these soldiers are the same age as me now.

1:52:521:52:55

And for me, I want to get on with the rest of my life,

1:52:551:52:57

whatever I have left.

1:52:571:52:59

So when I see prosecutions happen, I can smile

1:52:591:53:04

and say I've done a good job.

1:53:041:53:06

I was part of a process from the families,

1:53:061:53:10

and all the people who helped us over the years, that we have

1:53:101:53:12

tried to achieve truth and justice for our loved ones.

1:53:121:53:15

And through prosecutions, it will be the final

1:53:151:53:18

part of the equation.

1:53:181:53:19

'While a body was brought forward into a possible line of fire.'

1:53:191:53:23

As the most notorious action by the British Army

1:53:251:53:27

during the Troubles,

1:53:271:53:28

Bloody Sunday was always a focus of attention.

1:53:281:53:32

But hundreds of other killings were filed away

1:53:361:53:39

and largely ignored.

1:53:391:53:41

Evidence at the Bloody Sunday Inquiry revealed that

1:53:421:53:45

between 1970 and 1973, during the worst period

1:53:451:53:50

for killings, the RUC and Army had an informal agreement which meant

1:53:501:53:55

that Army shooters were only interviewed by military police.

1:53:551:54:00

That agreement was that basically

1:54:001:54:03

the Royal Military Police should have taken statements from soldiers

1:54:031:54:06

as to what happened during incidents where people were killed.

1:54:061:54:11

And the soldiers' statements would then be sent to the RUC.

1:54:111:54:14

By their own account, this took the form of a tea and sandwiches event,

1:54:141:54:18

where they simply sat with the soldier and said,

1:54:181:54:20

"Tell us what happened."

1:54:201:54:21

And there was no attempt to probe whether they had

1:54:211:54:25

broken the criminal law.

1:54:251:54:27

During the Troubles,

1:54:311:54:32

just over 20 military killings were brought to court,

1:54:321:54:36

a comparatively small proportion

1:54:361:54:38

of the 311 deaths caused by the Army.

1:54:381:54:42

Soldiers were acquitted in two-thirds of the cases.

1:54:431:54:47

In most cases in which troops were convicted of murder

1:54:471:54:50

or manslaughter, they were released after relatively short terms

1:54:501:54:54

in prison, and usually returned to the Army.

1:54:541:54:57

Those are the stark statistics of the last 40 years,

1:54:591:55:03

in terms of the actions of the British Army

1:55:031:55:05

on these streets since 1969.

1:55:051:55:07

That is not a witch-hunt.

1:55:071:55:09

Once again, there's a big difference

1:55:131:55:15

over what that small number of cases means.

1:55:151:55:18

Does it show favourable treatment for the Army, or is it evidence

1:55:181:55:22

that soldiers mostly operated within the rule of law,

1:55:221:55:25

even when they killed?

1:55:251:55:27

The Army's chief legal advisor in Iraq

1:55:271:55:30

was Lt Col Nicholas Mercer.

1:55:301:55:33

After he blew the whistle on the abuse of prisoners there,

1:55:331:55:36

a human rights group named him their lawyer of the year.

1:55:361:55:40

In the 1990s, he also instructed troops in Northern Ireland

1:55:401:55:44

on the rules of engagement,

1:55:441:55:46

specifying when they could or couldn't open fire.

1:55:461:55:50

Those rules were known as the yellow card.

1:55:501:55:53

The Lt Col is now a Church of England minister in Dorset.

1:55:531:55:58

He says there was sympathy in the Army for some of those

1:55:581:56:00

soldiers who wrongly crossed the line.

1:56:001:56:04

There was a view to one extent that this was a war,

1:56:041:56:07

and that these things happen,

1:56:071:56:09

and yet you're apply domestic law to what is a wartime situation.

1:56:091:56:14

From a legal perspective, of course, murder is murder.

1:56:141:56:17

You can take mitigating circumstances into account

1:56:171:56:20

and let's face it, there are mitigating circumstances,

1:56:201:56:22

these are young men with rifles who normally wouldn't have them

1:56:221:56:26

in highly charged operational situations,

1:56:261:56:29

which does make it different

1:56:291:56:31

from something like a gangland killing or a stabbing

1:56:311:56:34

or something of that nature.

1:56:341:56:36

But the yellow card rules made it clear that soldiers operating

1:56:361:56:40

in Northern Ireland could not behave as if they were in a war.

1:56:401:56:44

In international armed conflict, then...

1:56:441:56:48

you can shoot to kill because the other side

1:56:481:56:50

is a combatant.

1:56:501:56:52

In any other conflict, it would have to be

1:56:521:56:55

in self-defence of yourself or in self-defence of others.

1:56:551:57:00

So in Northern Ireland, self-defence?

1:57:001:57:03

Of yourself or others, yeah.

1:57:031:57:04

But such legal niceties had to be explained to soldiers on the ground.

1:57:041:57:09

Please, can you take your Guardsmen through the yellow card again,

1:57:091:57:12

and make sure its provisions are obeyed?

1:57:121:57:15

I expect them to take fairly vigorous action if we're under

1:57:151:57:18

attack, and I will back them up to the shagging hilt.

1:57:181:57:21

If they act within the spirit and the law of the yellow card,

1:57:211:57:25

I'll be there in court with them, my collar and tie,

1:57:251:57:29

making sure they get off.

1:57:291:57:30

I think, I think if you serve

1:57:301:57:31

in the Armed Forces you have some sympathy for the soldiers

1:57:311:57:34

on the ground.

1:57:341:57:36

I mean, I would go out on patrol with soldiers,

1:57:361:57:38

just to see what it was like first hand, and we did rural vehicle

1:57:381:57:43

checkpoints at night, with cars speeding up,

1:57:431:57:46

slowing down, young men with weapons - it's not easy.

1:57:461:57:50

Nicholas Mercer does believe there is a danger that individual

1:57:511:57:55

soldiers are left to face consequences not of their making.

1:57:551:57:59

Where you off to?

1:57:591:58:01

The fact that they were following orders

1:58:011:58:03

is not a defence in law -

1:58:031:58:06

the question is did they kill someone,

1:58:061:58:08

did they intend to do it, and do they have a lawful defence?

1:58:081:58:11

Having said that, all too often the State melt into the background,

1:58:111:58:16

leaving the servicemen stranded.

1:58:161:58:19

Alan Barry was a 19-year-old Grenadier Guardsman

1:58:231:58:26

when he first set foot in Northern Ireland.

1:58:261:58:29

Born in Dublin, he was raised near Birmingham.

1:58:291:58:32

I always wanted to be a soldier from a very early age.

1:58:331:58:36

That's how I ended up in the Army.

1:58:361:58:38

It's been more than 30 years

1:58:381:58:40

since he first found himself on this street in Strabane.

1:58:401:58:43

What was it like patrolling here, as a young 19-year-old?

1:58:451:58:49

Well, you were on edge all the time.

1:58:491:58:51

You didn't know what was coming or where it was coming from.

1:58:521:58:56

There was an air of tension, constantly.

1:58:561:59:00

Coming over this bridge for the first time in a Land Rover,

1:59:001:59:04

I'll always remember the peat fire smell,

1:59:041:59:08

because I actually didn't know what it was.

1:59:081:59:11

-Were you frightened?

-Yeah.

1:59:111:59:12

As young Guardsmen, yeah, we were frightened.

1:59:121:59:15

I was, I know that.

1:59:151:59:17

What kind of reception did you get back then in the '80s?

1:59:171:59:20

Hostile.

1:59:201:59:22

You could see the naked hatred in people's eyes towards us.

1:59:221:59:26

I remember once getting on a bus.

1:59:271:59:30

As I walked down I had my rifle up in the port position like this,

1:59:301:59:34

and I'm looking down each individual aisle.

1:59:341:59:37

The bus was packed with children of about 15, 16 years of age.

1:59:371:59:43

I was 19.

1:59:431:59:44

And the obscenities that were screamed at me,

1:59:441:59:46

you know the usual "Brit this, Brit that",

1:59:461:59:49

"Eff off back to where you're from," and all the usual stuff.

1:59:491:59:53

When I got off the bus, I took my flak jacket off,

1:59:531:59:55

and it was absolutely covered in phlegm and spit.

1:59:552:00:00

You say that a lot of people here saw you as the enemy.

2:00:002:00:04

What did you think your role here was at that stage?

2:00:042:00:08

My view, and the view of many of my fellow comrades,

2:00:092:00:13

was that we were here to stand between two warring factions.

2:00:132:00:18

We were not here to oppress anyone.

2:00:182:00:20

We were here to stop people being murdered,

2:00:202:00:24

to stop people being killed, and that was our job.

2:00:242:00:28

Alan Barry was also one of the London march organisers.

2:00:292:00:32

He's incensed that Dennis Hutchings

2:00:342:00:36

and other soldiers are being brought to trial.

2:00:362:00:39

The State, he says, has double standards.

2:00:392:00:42

The main reason for this event today

2:00:432:00:47

was to send a clear message out to our politicians and also

2:00:472:00:52

to the people both here in the United Kingdom and the people

2:00:522:00:57

in Northern Ireland,

2:00:572:00:58

of the injustice of what's currently happening.

2:00:582:01:01

He says that's mainly because of the efforts Tony Blair's government

2:01:022:01:06

put into dealing with IRA fugitives.

2:01:062:01:08

Back in 2001, the Government agreed to an amnesty

2:01:102:01:14

in exchange for decommissioning.

2:01:142:01:16

But the Ministry of Defence didn't want the plan

2:01:172:01:20

to include soldiers,

2:01:202:01:22

because that would equate them with terrorists.

2:01:222:01:24

That changed four years later,

2:01:262:01:29

when the then Secretary of State Peter Hain

2:01:292:01:31

brought legislation to Parliament

2:01:312:01:33

that would grant immunity from prosecution

2:01:332:01:36

for certain Troubles-related crimes.

2:01:362:01:39

This time, soldiers were included in the Government's plans.

2:01:392:01:43

Sinn Fein were only concerned with their side,

2:01:462:01:48

but you couldn't legislate, I would never

2:01:482:01:50

have been prepared to legislate in a way that gave a special

2:01:502:01:54

status to former IRA militia men on the one hand,

2:01:542:02:00

but not to soldiers on the other.

2:02:002:02:01

How could any Secretary of State do that?

2:02:012:02:03

How could any responsible individual do that?

2:02:032:02:07

With soldiers coming in, Sinn Fein wanted out.

2:02:072:02:11

Just as the MoD had objected to being included with the IRA,

2:02:112:02:16

Sinn Fein now objected to the inclusion of soldiers.

2:02:162:02:19

The Government dropped the legislation.

2:02:192:02:22

That still left the problem of republican fugitives,

2:02:222:02:25

known as on-the-runs.

2:02:252:02:28

So quietly, the Government began issuing

2:02:282:02:30

what are now known as letters of comfort.

2:02:302:02:33

These letters were supposed to be a limited statement of fact,

2:02:342:02:37

namely that individual republicans were not wanted by the police.

2:02:372:02:42

But that scheme backfired spectacularly.

2:02:422:02:46

Three years ago, Donegal man John Downey was found not guilty

2:02:462:02:50

of the 1982 Hyde Park bombing.

2:02:502:02:53

IRA terrorists have carried out

2:02:532:02:55

two lethal bomb attacks in London.

2:02:552:02:58

The attack killed four members of the Household Cavalry,

2:02:582:03:01

and seven of their horses.

2:03:012:03:03

Seven Army musicians were killed by a bomb

2:03:042:03:07

at Regent's Park the same day.

2:03:072:03:09

Downey had been wanted by police, because fingerprint evidence

2:03:112:03:15

was suspected of linking him to the Hyde Park attack.

2:03:152:03:19

He pleaded not guilty, and was acquitted because

2:03:192:03:22

he received a letter from the Government

2:03:222:03:25

saying he was not wanted for any offences.

2:03:252:03:28

As a former member of the Household Division,

2:03:282:03:30

it is something I feel quite strongly about.

2:03:302:03:33

Troopers of the Blues and Royals mounting public duty,

2:03:332:03:36

who were not carrying weapons, who were mounting public duty

2:03:362:03:39

on their horses were blown to smithereens.

2:03:392:03:42

John Downey walked into court with a letter of comfort,

2:03:432:03:47

and the case collapsed.

2:03:472:03:48

What was your reaction and the reaction

2:03:482:03:51

of your colleagues when you found out about the letters of comfort?

2:03:512:03:55

If the cost of peace is letters of comfort,

2:03:552:03:59

I can only speak for myself,

2:03:592:04:01

that is something that I can live with.

2:04:012:04:03

What I cannot live with, is letters of comfort

2:04:032:04:06

for terrorists and gangsters and veterans being pursued.

2:04:062:04:10

That's wrong. It's a completely one-sided situation.

2:04:102:04:14

And it's not morally, fundamentally right.

2:04:142:04:17

Do you bear any responsibility

2:04:172:04:18

for where we are today, given that the militaries

2:04:182:04:22

reserve most of their ire for the Blair Government

2:04:222:04:25

for the letters of comfort?

2:04:252:04:27

It's very, very hard to overstate the depth of feeling that's

2:04:272:04:31

still there within the military over those letters of comfort.

2:04:312:04:35

They see it as a sign, they see it as pure treachery.

2:04:352:04:38

I completely reject any accusation and resent, deeply resent

2:04:382:04:43

any accusation of treachery.

2:04:432:04:45

I have always been consistent and clear

2:04:452:04:48

that it has to apply to everybody.

2:04:482:04:49

It has to apply to IRA gunman and bomber

2:04:492:04:53

equally as to British soldiers.

2:04:532:04:55

A judge blamed the Downey case on a catastrophic

2:04:572:05:00

mistake by the PSNI.

2:05:002:05:02

However, a second murder suspect was found to have received a letter,

2:05:032:05:08

and veterans believe that shows republicans were protected.

2:05:082:05:12

But the office of Barra McGrory, the Director of Public Prosecutions,

2:05:132:05:18

said it is has been made clear that there is no amnesty system in place

2:05:182:05:22

for any type of individual.

2:05:222:05:24

When he was Sinn Fein's lawyer,

2:05:372:05:39

Mr McGrory was involved in identifying who might receive

2:05:392:05:42

the letters, although he has said he had, "no hand,

2:05:422:05:45

"act or part in the devising of the scheme."

2:05:452:05:48

Since he became DPP, he has referred

2:05:502:05:53

nine Troubles cases to the PSNI for further investigation,

2:05:532:05:58

four related to Army killings.

2:05:582:06:00

But it's the perceived connection between his past and present roles

2:06:022:06:06

that has made him an object of attack from the veterans.

2:06:062:06:10

The Director of Public Prosecutions for Northern Ireland

2:06:122:06:17

cannot be considered impartial.

2:06:172:06:20

Sack the DPP, and save our troops.

2:06:202:06:23

At this election campaign meeting in Cookstown for mainly

2:06:262:06:29

Unionist victims' groups, the prosecutions were

2:06:292:06:32

high on the agenda.

2:06:322:06:33

Within this room and further afield, there are a lot of retired members

2:06:352:06:39

of the security forces worried for their future.

2:06:392:06:42

They're coming to me saying, we cannot sleep at night.

2:06:422:06:44

We are being revisited by,

2:06:442:06:48

re-traumatised by, incidents in the past.

2:06:482:06:51

And it's not like any of these soldiers or police went out

2:06:512:06:54

with death in their minds.

2:06:542:06:56

They went out to do a job of work and were faced with an incident

2:06:562:07:00

which they had to react to very, very quickly.

2:07:002:07:03

They did not set out with murder in their heart.

2:07:032:07:06

Politicians were invited to sign a pledge opposing any Troubles

2:07:062:07:10

amnesty but also seeking some legal protection for the security forces.

2:07:102:07:15

Audience members also had the Director of Public Prosecutions

2:07:152:07:19

on their mind.

2:07:192:07:21

We'll just move on to the next question.

2:07:212:07:23

It's from Trevor. A very simple question. Do you believe

2:07:232:07:26

Barry McGrory is impartial?

2:07:262:07:28

LAUGHTER

2:07:282:07:31

Trevor, I'm very conscious I don't have parliamentary privilege here.

2:07:352:07:39

That's the first thing to say.

2:07:392:07:41

How should I put this?

2:07:432:07:44

There is very deep concern among many within the community

2:07:442:07:48

about the referrals that are being made by the

2:07:482:07:52

Director of Public Prosecutions.

2:07:522:07:56

I think, you know, people will judge for themselves

2:07:562:08:00

the number of cases that have been, I suppose, referred by

2:08:002:08:05

the Director of Public Prosecutions.

2:08:052:08:07

And I think, Trevor, you'll appreciate, the limitations

2:08:072:08:10

and what we can say on that.

2:08:102:08:12

But that night the DUP representative defended

2:08:122:08:16

Barra McGrory's integrity.

2:08:162:08:18

I'll echo, I think, Tom's cautiousness

2:08:182:08:22

in the sense of there isn't parliamentary privilege and

2:08:222:08:24

obviously he has come out and very strongly denied allegations.

2:08:242:08:28

If there is any skewing or any, differential in treatment then

2:08:292:08:34

that must be identified and he will be answerable

2:08:342:08:37

to that and for that.

2:08:372:08:39

Sorry. Maybe I've made a mistake here.

2:08:402:08:43

Was he not involved in the make-up of the "on the run" letters

2:08:432:08:48

before he took on that new position?

2:08:482:08:50

What the director has said very clearly

2:08:502:08:52

is that he has been very, very open and said that he

2:08:522:08:55

has not been biased.

2:08:552:08:56

He has looked at what has come before him, and in his professional

2:08:562:08:59

integrity he has referred on where he has to do that

2:08:592:09:01

and he does have legal obligations there.

2:09:012:09:03

The DPP's office says the Army cases are a fraction of the legacy

2:09:032:09:08

prosecutions he's brought, the majority involving republicans.

2:09:082:09:13

And Mr McGrory has said he represented many people,

2:09:142:09:17

including police and soldiers.

2:09:172:09:21

He told BBC Newsline that as DPP he applies the law evenly

2:09:212:09:25

and his former clients have no bearing on his decisions.

2:09:252:09:29

And he resents the criticism.

2:09:292:09:32

I can't speak for the motivation of those who say

2:09:322:09:35

such things but some of them ought to know better.

2:09:352:09:38

If they're not trying to influence me, then

2:09:382:09:41

they are certainly being personally insulting and they are questioning

2:09:412:09:47

my integrity.

2:09:472:09:48

Who I have represented in the past really has

2:09:482:09:50

got nothing to do with it.

2:09:502:09:52

I apply the rule of law as it is and decisions are taken

2:09:522:09:57

on the evidence and in the public interest.

2:09:572:10:01

Last month, when Irish Foreign Minister

2:10:012:10:03

Charlie Flanagan delivered the annual Pat Finucane lecture,

2:10:032:10:07

Mr McGrory was on hand to hear him defend the decision

2:10:072:10:11

to prosecute soldiers.

2:10:112:10:13

Regardless of who someone was and regardless

2:10:132:10:16

of what they were doing there is a requirement

2:10:162:10:19

to effectively and meticulously investigate the matter

2:10:192:10:22

of their death.

2:10:222:10:24

And thereafter, if the threshold of proof is met, a prosecution must

2:10:242:10:29

actively and vigorously be pursued.

2:10:292:10:33

The eldest son of murdered solicitor Pat Finucane said

2:10:332:10:37

the criticism of Mr McGrory is wholly unjustified.

2:10:372:10:42

I think the conflation of a lawyer

2:10:422:10:46

with the perceived sympathies or beliefs of their client

2:10:462:10:54

is probably one of the most dangerous things one can do

2:10:542:10:58

in a democratic society. I do not think that this deliberate

2:10:582:11:03

association of Mr McGrory with persons he may have represented

2:11:032:11:08

in a previous capacity is in any way helpful or justified

2:11:082:11:12

and I think it should stop.

2:11:122:11:14

New negotiations began at Stormont yesterday,

2:11:172:11:20

with legacy issues near the top of the agenda.

2:11:202:11:23

Both Sinn Fein and the DUP have conflicting demands about the past

2:11:242:11:29

that can only be answered by the British Government.

2:11:292:11:32

People who have served the State who have been

2:11:332:11:37

in the armed forces I think

2:11:372:11:39

are entitled to a level of legal protection.

2:11:392:11:42

What we're talking about is not an amnesty,

2:11:422:11:44

but a statute of limitations which would mean you set a time period

2:11:442:11:50

after which it's no longer possible to pursue those cases.

2:11:502:11:54

There's never been a statute of limitation for murder.

2:11:542:11:56

If there is evidence that someone has committed a murder then

2:11:562:11:59

of course that person is liable to prosecution.

2:11:592:12:02

What we're talking about here are historic investigations

2:12:022:12:05

and the statute of limitations would relate

2:12:052:12:07

to reopening investigations.

2:12:072:12:10

The question is, is everyone equal under the law?

2:12:102:12:13

They're arguing for a statute of limitations for State forces

2:12:132:12:17

so clearly they don't believe in equality under the law.

2:12:172:12:20

So on the one hand they're saying we want everyone equal under the law

2:12:202:12:25

and on the other hand saying, except if they're State forces.

2:12:252:12:29

Then they should be more equal than others.

2:12:292:12:31

It's practical immunity over the last 40 years

2:12:312:12:34

and now they're trying to legalise it.

2:12:342:12:37

Each individual, whether they are State forces

2:12:372:12:38

or not State forces, whether they were in the

2:12:382:12:41

British Army, or used to be in the IRA, or whether in a loyalist

2:12:412:12:44

organisation, unionist paramilitary, whatever they happen to be

2:12:442:12:47

if you want to deal with it, then deal with it on an equal basis.

2:12:472:12:50

The problem for all politicians is that an end to prosecutions,

2:12:502:12:54

whether for one side or all sides, requires victims to relinquish

2:12:542:12:59

any hope of seeing justice.

2:12:592:13:01

What has to happen here, and this is a very hard thing for families

2:13:032:13:08

and victims to accept, is that if you do not want your elderly

2:13:082:13:16

relative former soldier prosecuted then you've got to accept

2:13:162:13:21

that the elderly former republican who did something totally wrong

2:13:212:13:27

and illegal and murderous has got to be exempt from being pursued

2:13:272:13:35

and prosecuted as well.

2:13:352:13:37

What would you say to those people

2:13:372:13:38

who've said it's been 45 years, it's time to draw a line in the sand?

2:13:382:13:43

For Northern Ireland's future, prosperity and well being,

2:13:432:13:46

let it go.

2:13:462:13:47

I have heard that many times.

2:13:472:13:49

Heard it many times,

2:13:492:13:51

and to me it's an insult.

2:13:512:13:53

There are people out there crying out for justice for the loss

2:13:532:13:57

of their loved ones. It will never, ever go away.

2:13:572:14:00

Don't get me wrong, this is not about vengeance,

2:14:022:14:05

this is about justice.

2:14:052:14:07

Others say the only way forward is to choose between prosecutions

2:14:072:14:11

of all sides or none.

2:14:112:14:14

I think the very difficult consideration we all have to make,

2:14:142:14:20

do we go all out one way or all out the other?

2:14:202:14:23

Do we prosecute, or do we amnesty?

2:14:232:14:27

I understand and realise completely the difficulty that that decision

2:14:272:14:31

will make for some people, but I'm afraid it's a Rubicon that

2:14:312:14:36

in my view simply has to be crossed.

2:14:362:14:38

For now, the veterans are planning more, and they say bigger,

2:14:422:14:45

marches to put pressure on the Government.

2:14:452:14:48

Our argument and our beef is with the government

2:14:492:14:52

and the politicians.

2:14:522:14:54

It is not with the republican community.

2:14:542:14:57

I have heard the republican

2:14:572:14:59

side of Sinn Fein saying we have to move on, we need closure.

2:14:592:15:03

Closure applies to both sides and it strikes me and it strikes fellow

2:15:032:15:07

veterans that republican Sinn Fein, IRA effectively want closure

2:15:072:15:13

for themselves, but they don't want closure for us.

2:15:132:15:16

The past, like old soldiers, will not fade away.

2:15:172:15:22

We cannot help but continue to remember it.

2:15:222:15:25

The question is can we, or can we not agree on a way to go forward

2:15:252:15:30

into the future together?

2:15:302:15:32

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