25/02/2014

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:00:00. > 3:59:59And that is all from the BBC News at six. It is goodbye from me and

:00:00. > :00:20.That is all for now. Goodbye. Good evening. The headlines on BBC

:00:21. > :00:25.Newsline. A secret letter from the government

:00:26. > :00:31.to Sinn Fein means that the man charged for the IRA's Hyde Park

:00:32. > :00:38.bombing will not stand trial. The families of the four victims

:00:39. > :00:44.accuse the government of making a monumental blunder. The family are

:00:45. > :00:51.very angry that justice will not now be seen to be done.

:00:52. > :00:59.None denies physically abusing this man at a children's home in the

:01:00. > :01:02.1970s. -- a nun. This former IRA man who became

:01:03. > :01:08.notorious property developer claims he is now penniless.

:01:09. > :01:10.And we are in for a wet start on Wednesday but how long will the rain

:01:11. > :01:17.last? I will have the forecast shortly.

:01:18. > :01:21.A man charged with the murders of four soldiers in the IRA's Hyde Park

:01:22. > :01:25.bombing in 1982 won't stand trial because of a secret letter sent by

:01:26. > :01:28.the government to Sinn Fein. A judge has accepted that John Downey was

:01:29. > :01:34.given a written assurance that he would not be prosecuted. Downey is

:01:35. > :01:39.one of those Republicans classified as on the run and his court case has

:01:40. > :01:42.been going on behind closed doors for weeks at London's Old Bailey.

:01:43. > :01:51.Our home affairs correspondent Vincent Kearney is at the Old Bailey

:01:52. > :01:57.for BBC Newsline. This is a quite remarkable story and

:01:58. > :02:00.one we will -- we can tell now because reporting restrictions have

:02:01. > :02:05.been listed. The judge ruled that John Downey would not stand trial

:02:06. > :02:09.for the bombing. He gave the prosecution service until today

:02:10. > :02:14.whether or not to appeal and shortly after half past four at the Royal

:02:15. > :02:22.Courts of Justice the court was told there would be no appeal and the

:02:23. > :02:26.judge said the story could be told. Carnage on the streets of London.

:02:27. > :02:31.Four soldiers were killed when a large bomb exploded as they passed

:02:32. > :02:37.Hyde Park. Seven horses also died. Nearly 32 years later, each day

:02:38. > :02:44.members of the household cow -- cavalry remember their colleagues

:02:45. > :02:49.with a salute. John Downey, seen here arriving for a court hearing in

:02:50. > :02:53.London, was arrested in May last year and charged with the murders.

:02:54. > :02:57.He was arrested at Gatwick as he prepared to fly to Greece with his

:02:58. > :03:00.wife and daughter. He argued he'd never should have been arrested

:03:01. > :03:04.because the government had given an assurance he would not be

:03:05. > :03:09.prosecuted. In a series of private court hearings behind closed doors

:03:10. > :03:13.his lawyers argued that a prosecution would be a breach of

:03:14. > :03:19.promise given by Tony Blair's government as a vital part of the

:03:20. > :03:22.peace process. Those hearings shed light on secret contacts between the

:03:23. > :03:28.government and Sinn Fein on the highly sensitive issue of the

:03:29. > :03:33.so-called on-the-runs, escaped Republican prisoners or those who

:03:34. > :03:35.feared arrest for IRA killings before the signing of the Good

:03:36. > :03:42.Friday agreement. It was revealed that in July 2007 a letter was sent

:03:43. > :03:45.to Sinn Fein after the party asked about Downey's legal status. The

:03:46. > :04:08.letter said that... A specialist PSNI team was

:04:09. > :04:13.responsible for checking the legal status of on-the-runs. The letter to

:04:14. > :04:17.John Downey was sent in spite of the fact that as it were he was wanted

:04:18. > :04:23.by the Metropolitan Police for the Hyde Park bombing. Mid Ulster MP

:04:24. > :04:28.Francie Molloy attended many of the private court hearings to support

:04:29. > :04:33.John Downey. Sinn Fein says similar letters were sent to more than 180

:04:34. > :04:37.other on-the-runs. The party said it was vital that assurances given by

:04:38. > :04:42.the government as part of the peace process were honoured. Gerry Adams

:04:43. > :04:49.publicly signalled his support at the party's annual conference this

:04:50. > :04:56.month. I want to set -- to send special greetings to John Downey and

:04:57. > :04:59.all other on-the-runs. The prosecution said the letter had been

:05:00. > :05:04.sent by mistake and that John Downey was a wanted man at the time of his

:05:05. > :05:08.arrests but his lawyers argued it represented an unequivocal assurance

:05:09. > :05:12.that he was not a wanted man. The judge accepted that argument, saying

:05:13. > :05:17.the letter was crucial to his decision to rule that a trial could

:05:18. > :05:21.not proceed. Mr Justice Sweeney said the government's failure to correct

:05:22. > :05:26.the position set out in the letter meant that the prosecution amounted

:05:27. > :05:32.to an abuse of process. Ruling that John Downey should not stand trial,

:05:33. > :05:37.the judge spoke of the importance of holding officials of the state to

:05:38. > :05:41.promises. It is a good decision, the decision

:05:42. > :05:45.we were expecting. John Downey should never have been arrested and

:05:46. > :05:51.I welcome the fact that he is now free to go home. You say this was a

:05:52. > :05:57.result of a firm agreement with Sinn Fein. This was part of the Good

:05:58. > :06:08.Friday agreement where the on-the-runs were considered free to

:06:09. > :06:11.go free. Apart for the affect on the families of the victims, the ruling

:06:12. > :06:16.could have huge implications for the other on-the-runs if they are ever

:06:17. > :06:20.arrested. Mr Justice Sweeney opens the

:06:21. > :06:24.possibility that this case could be reactivated in the future if what he

:06:25. > :06:29.called extraordinary other events were to occur, by which he meant

:06:30. > :06:33.fresh evidence, but I spoke to a senior prosecution lawyer afterwards

:06:34. > :06:39.and he had said that he had never known this to happen when a ruling

:06:40. > :06:43.of this kind. -- in a ruling. The finger of blame pointed firmly

:06:44. > :06:46.towards the police. What happened in this letter was a result of an

:06:47. > :06:52.agreement between the government and Sinn Fein back in 2001. They set up

:06:53. > :06:57.a process to deal with the problem of the on-the-runs. Sinn Fein

:06:58. > :07:03.submitted a list of names to seek clarification of their legal status.

:07:04. > :07:07.It was the PSNI's job to check them. They were aware that John Downey was

:07:08. > :07:10.wanted by the Metropolitan Police when the letter of assurance was

:07:11. > :07:19.sent to John Downey. When he failed -- when they failed to say that in

:07:20. > :07:23.their response to the CPS. Today they have apologised for the

:07:24. > :07:28.failings leading to this occurrence. He says the PSNI accepts full

:07:29. > :07:33.responsibility, apologised to the fan -- the families and say that the

:07:34. > :07:36.PSNI is investigating all similar cases.

:07:37. > :07:42.What does this mean for other on-the-runs?

:07:43. > :07:47.That is the question. During the private hearings Sinn Fein said that

:07:48. > :07:50.more than 180 other on-the-runs had received similar letters. We don't

:07:51. > :07:55.know the precise details of the letters all the details of the

:07:56. > :08:00.assurances but if they were couched in similar terms to those given to

:08:01. > :08:04.John Downey, if any other on-the-runs were to be arrested and

:08:05. > :08:08.charged with terrorist offences their lawyers are likely to point to

:08:09. > :08:12.what happened today and say they should be treated the same way as

:08:13. > :08:16.John Downey and not prosecuted. The families of those who died in

:08:17. > :08:19.the Hyde Park bombing have said they feel devastatingly let down by

:08:20. > :08:23.what's happened. The First Minister and DUP leader Peter Robinson has

:08:24. > :08:30.described today as a sad day for the victims of terrorism. Chris Page has

:08:31. > :08:35.more on the reaction. 32 years after the Hyde Park

:08:36. > :08:38.bombing, the relatives of the victims still grieve. Now they know

:08:39. > :08:43.it is unlikely they will see more prosecutions. The families are Italy

:08:44. > :08:45.disappointed. They have issued a statement saying...

:08:46. > :08:47.Peter Hain was the Secretary of State between 2005 and 2007 when the

:08:48. > :09:01.issue of on-the-runs was negotiated. He is never going to go to trial

:09:02. > :09:05.because of a catastrophic failure of the system as recognised by the

:09:06. > :09:10.police service of Northern Ireland and the families don't understand

:09:11. > :09:17.how such error, when it was recognised, was not corrected. Not

:09:18. > :09:21.once, but twice. Christopher Daly's brother Anthony got killed weeks

:09:22. > :09:28.before he was killed. His best friend was Danny Kinihan, who is

:09:29. > :09:32.also saddened by the outcome. We have a cock up and we need to find

:09:33. > :09:40.out what went wrong because families want justice but we all want to move

:09:41. > :09:46.forward. Other politicians at Stormont and Westminster have been

:09:47. > :09:51.reacting to news. A Labour MP was Secretary of State when the letter

:09:52. > :09:54.was written to John Downey. This was a critical part of the

:09:55. > :09:59.peace deal that has brought Northern Ireland from horror to peace and

:10:00. > :10:04.hope and the idea that it could be unravelled in this case was

:10:05. > :10:10.astonishing to me. The current Secretary of State says

:10:11. > :10:15.her officials are investigating. Around 200 people have been through

:10:16. > :10:18.an administrative scheme set up by the previous government in relation

:10:19. > :10:23.to on-the-runs, a number of whom were given letters similar to Mr

:10:24. > :10:27.Downey's. The Northern Ireland Office is conducting a check of

:10:28. > :10:29.those letters to CFI mistake was made in any other case of a similar

:10:30. > :10:44.nature. -- to see if. Peter Robinson criticised Tony

:10:45. > :10:50.Blair, claiming he could not be trusted. Mr Robinson said that the

:10:51. > :10:53.letters Tony Blair's government issued to some terrorists were

:10:54. > :11:00.ill-conceived. Once again the issue of how to deal with the troubled

:11:01. > :11:05.pass is top of the agenda. Peter Hain was the Secretary of

:11:06. > :11:09.State between 2005 and 2007 when the issue of on-the-runs was negotiated.

:11:10. > :11:12.Before we came on air he spoke to me from Westminster and I put to him

:11:13. > :11:17.the accusation by Peter Robinson that John Downey had been handed a

:11:18. > :11:23.get out of jail free card. I don't think the main point is to

:11:24. > :11:26.make a charge like that. I can well understand how the victims of this

:11:27. > :11:35.terrible terrorist atrocity in London feel, the four soldiers'

:11:36. > :11:39.families, but the truth is, and I think it is important for the first

:11:40. > :11:45.Minister, for who I have a great deal of respect, recognises this,

:11:46. > :11:51.the truth is that in order to escape from Northern Ireland's hideous past

:11:52. > :11:58.of war and terrorism and bombings and shootings and violence we had to

:11:59. > :12:03.put in place a negotiated peace process of which this was a small

:12:04. > :12:08.but important part, that is to say, people who were suspected, and John

:12:09. > :12:15.Downey has never been charged with this terrible atrocity, although he

:12:16. > :12:20.was a suspect he has denied it, people suspected were put through a

:12:21. > :12:25.painstaking inspection by the PSNI, counter checked by the Northern

:12:26. > :12:31.Ireland office, and scrutinised by the legal authorities within

:12:32. > :12:35.government to check whether any prosecution was likely to be able to

:12:36. > :12:45.be brought for atrocities committed decades ago. What guarantees were

:12:46. > :12:48.given for the on-the-runs? The only guarantees given to individuals were

:12:49. > :12:54.their cases, the names roared forward to us in the Northern

:12:55. > :13:00.Ireland office and the PSNI, by Sinn Fein, the only guarantees we were

:13:01. > :13:06.given -- they were given was that their cases would be investigated.

:13:07. > :13:13.There was no guarantee beyond that. You say that the ends justify the

:13:14. > :13:17.means? I am not saying that. I am simply saying, honestly, face up to

:13:18. > :13:22.the fact that this is where we are today and we got here by

:13:23. > :13:28.negotiations involving ensuring that all the difference commands put an

:13:29. > :13:35.asked by the different parties, including the DUP and Sinn Fein,

:13:36. > :13:42.were addressed. Were unionists aware of the deal for the on-the-runs? I

:13:43. > :13:48.can't speak of the Unionists. I just want everybody to be careful of

:13:49. > :13:54.reinventing history. We are where we are because when you solve conflicts

:13:55. > :13:58.and end wars and you stop terrorism from continuing it involves

:13:59. > :14:01.negotiations and agreements that ideally you would not necessarily

:14:02. > :14:07.want to address. You certainly wouldn't want to address in a normal

:14:08. > :14:15.political situation such as we now have in Northern Ireland. Peter Hain

:14:16. > :14:20.speaking earlier. Our political editor is at Stormont. What affect

:14:21. > :14:25.do you think this could have on the Assembly? I think we have a meeting

:14:26. > :14:27.today of the party leaders discussing what they were

:14:28. > :14:33.considering in the process that included dealing with the pass. It

:14:34. > :14:37.probably will not make that any easier because this brings up once

:14:38. > :14:43.again all of the controversies that we have recently had argued out

:14:44. > :14:47.about the troubles and amnesties and so on. There is a focus on the PSNI,

:14:48. > :14:53.whether there was an administrative error, but the course will be wider

:14:54. > :14:57.on the fact that this scheme existed at all. It is undoubtedly the case

:14:58. > :15:02.that this was not known to the wider public, not known to Unionists, and

:15:03. > :15:06.you can see that in the anger that some of them feel about the fact

:15:07. > :15:16.that there was, if you like, this clandestinely scheme. We hope to

:15:17. > :15:21.hear reaction before the end of the programme. Police are investigating

:15:22. > :15:24.the murder of a woman in Omagh. She was taken to hospital with head

:15:25. > :15:27.injuries from a house in Castleview Court on Sunday but died yesterday.

:15:28. > :15:31.She was 36-year-old Mairead McCallion from Omagh. No other

:15:32. > :15:34.details have been given. A nun has denied allegations of

:15:35. > :15:37.abuse against a child at a Londonderry children's home. It's

:15:38. > :15:40.the first time the Historical Institutional Abuse Inquiry has

:15:41. > :15:44.heard a statement from anyone other than former residents. BBC

:15:45. > :15:58.Newsline's Tara Mills reports from Banbridge.

:15:59. > :16:03.Former Termonbacca resident Michael McMoran gave evidence today. He said

:16:04. > :16:15.one none in particular beat him. He waved his and -- he's anonymity. She

:16:16. > :16:21.called me her pet, she used to break brushes and so one over my head. I

:16:22. > :16:30.was hit on the back Andy Arms was she was wicked. The enquiry heard

:16:31. > :16:39.for the first time from one of the sisters of Nazareth nuns. The nun

:16:40. > :16:42.said she had no recollection of ever hitting a child with an implement as

:16:43. > :16:45.described. The witness said she was a liar. Her statement went on to say

:16:46. > :16:59.it is possible This afternoon, a second witness

:17:00. > :17:05.said she had been repeatedly sexually assaulted by a priest. She

:17:06. > :17:09.said she was taken to a room in Termonbacca. She said she was sick

:17:10. > :17:15.afterwards. The nuns were angry and made her clean it up. Allison also

:17:16. > :17:19.waived her right to anonymity. She said it was not just sexual abuse,

:17:20. > :17:25.there was also physical at the hands of the nuns, including the first day

:17:26. > :17:30.she arrived. She got me by the hair, pulled me off the table and

:17:31. > :17:37.started me hitting me round the right side of the head. Ira member

:17:38. > :17:47.seeing stars -- I remember seeing stars. The enquiry continues

:17:48. > :17:51.tomorrow. A County Tyrone teenager who shot

:17:52. > :17:54.his father dead told the police that he had been seeking treatment for

:17:55. > :17:57.depression. Sean Hackett, who's 19, is on trial for murdering his

:17:58. > :18:03.father, Aloysius, at the family home in Augher last January. He admits

:18:04. > :18:07.that he intended to kill his father but denies murder. Our South West

:18:08. > :18:17.reporter, Julian Fowler, was at the court in Dungannon.

:18:18. > :18:22.Sean Hackett, a former captain of a sports team shot his father twice in

:18:23. > :18:26.the head. He had borrowed a rifle from a friend, saying he wanted to

:18:27. > :18:31.shoot rabbits. The prosecution claim the killing of his father had been

:18:32. > :18:39.planned. When police first arrived at the family home, John Hackett

:18:40. > :18:42.said he believed his father may have disturbed a burglar. He later

:18:43. > :18:43.admitted he had done it. After his arrest, he gave a statement which

:18:44. > :19:06.said... The prosecution says that Sean

:19:07. > :19:09.Hackettreloaded the rifle even after seeing the horror of what the first

:19:10. > :19:13.bullet must have done. Despite the horror of what he was doing to his

:19:14. > :19:22.own -- and blood, it is their case that he is guilty of murder. -- his

:19:23. > :19:25.own flesh and blood. The former IRA hunger striker turned

:19:26. > :19:28.property developer Tom McFeely caused misery when an apartment

:19:29. > :19:31.complex he built in Dublin was evacuated and declared a fire trap.

:19:32. > :19:35.Not long after, he was declared bankrupt. In September last year, a

:19:36. > :19:38.large haul of cash was found hidden in his former home but the Dungiven

:19:39. > :19:43.developer says he didn't hide the money. Ciaran Tracey has been

:19:44. > :19:51.speaking to Tom McFeely in an exclusive interview for tonight's

:19:52. > :19:57.BBC Spotlight programme. Tom McFeely struck gold in the

:19:58. > :20:01.building boom. Before he became a millionaire comedy was a committed

:20:02. > :20:05.member of the IRA who was a wanted man on both sides of the border. He

:20:06. > :20:13.was captured after an armed siege in 1976 and spent many years in prison.

:20:14. > :20:17.He took part in a hunger strike in 1980, going 53 days without food. He

:20:18. > :20:25.reflected on that protest in his first television interview. It is

:20:26. > :20:31.not those who can inflict the most of those who can enjoy the most. He

:20:32. > :20:37.has attracted widespread criticism from the Irish media since a court

:20:38. > :20:45.decided two years ago that a complex developed by his company was a fire

:20:46. > :20:48.risk. It led to misery for many families who have properties that

:20:49. > :20:54.were effectively worthless. Will you come back here? Never. I would

:20:55. > :20:59.rather sleep in the street. He says he is penniless. I don't have

:21:00. > :21:05.anything at all. Not even a bank account, not a penny, not anything.

:21:06. > :21:19.A huge stash of money was found in his former home. He says he has no

:21:20. > :21:25.idea how it got there. All I can tell you is that it is not my money.

:21:26. > :21:34.If you think that the security men who were keeping that house or

:21:35. > :21:43.securing it, and I loved it behind, -- and I left it behind, you can

:21:44. > :21:45.pick again. He continues to face questions about the state of his

:21:46. > :21:48.finances. And you can see that edition of

:21:49. > :21:57.Spotlight after our late BBC Newsline here on BBC One at 10:25pm.

:21:58. > :22:00.Preparations for the Giro d'Italia cycle race stepped up a gear today,

:22:01. > :22:04.with the Italian organisers re-visiting part of the route which

:22:05. > :22:07.will be used in May. They also welcomed a former winner of the

:22:08. > :22:11.race, the Irish rider Stephen Roche, into the Giro Hall of Fame. Mark

:22:12. > :22:18.Simpson reports. He moved a lot faster in 1987 when

:22:19. > :22:21.he won the Giro d'Italia but for Stephen Roach, this was a day to

:22:22. > :22:28.celebrate, not participate. He was welcomed into the Hall of Fame. The

:22:29. > :22:33.retired Irish rider is looking forward to seeing the famous race

:22:34. > :22:38.come to the Emerald Isle. We can neglect a big event. It is always

:22:39. > :22:46.been underestimated compared to the Tour De France. It is the same

:22:47. > :22:51.standard. The race is not just about showing off sporting ability but

:22:52. > :22:56.local scenery. When they come along from Belfast are peer to the Giants

:22:57. > :23:02.Causeway, where we are today, it will blow them away. That is the

:23:03. > :23:11.impact I wanted to have as tourism Minister. Literally blow them away?

:23:12. > :23:16.Hopefully not! The colour of the Giro d'Italia is pink. The local

:23:17. > :23:21.fish and chip shop is trying to capture the mood. We thought with

:23:22. > :23:27.the Giro d'Italia coming through the village, and the pink jersey, we

:23:28. > :23:35.thought we would try to give them some pink food. Especially some fish

:23:36. > :23:40.and chips. There are a lot of way to get the taste of the Giro d'Italia.

:23:41. > :23:50.I think I will just try the pink fish.

:23:51. > :23:54.Back to our top story now and the decision not to proceed with the

:23:55. > :23:57.trial of a man accused of the murders of four soldiers in the Hyde

:23:58. > :24:00.Park bombing because of a deal between Sinn Fein and the

:24:01. > :24:04.Government. The DUP MP for North Belfast, Nigel Dodds, is in our

:24:05. > :24:15.Westminster studio. What is your reaction? First of all,

:24:16. > :24:21.outrage at the news of this acquittal for him. Deep sympathy for

:24:22. > :24:23.the terrible hurt that the families of the Hyde Park victims must be

:24:24. > :24:29.going through at this devastating news. Clearly, terrible mistakes

:24:30. > :24:37.have been made by the PSNI but the most graceful aspect of all of this

:24:38. > :24:41.is the fact that the Blair government clearly entered into a

:24:42. > :24:47.scheme which now a court has ruled gives effectively, in this case and

:24:48. > :24:51.other cases, a get out of jail free card for people who hold these

:24:52. > :24:55.so-called letters. I think that is a disgraceful set of affairs and is

:24:56. > :25:03.once again typical of the way that Blair had his -- by and his cronies

:25:04. > :25:06.handled the talks. What did your party know about this deal while it

:25:07. > :25:11.was being negotiated and then agreed? We knew nothing about it

:25:12. > :25:17.because we were not involved in the talks and we were not supporters of

:25:18. > :25:25.the fast agreement, which was the roots of all of this. Sinn Fein make

:25:26. > :25:31.the case for On The Runs. We oppose that case tooth and nail, in the

:25:32. > :25:38.Commons when the governor tried to bring it through in legislative

:25:39. > :25:43.form. For those who got the letters, they have a get out of jail free

:25:44. > :25:47.card. We were never part and parcel of any of that. When you went into

:25:48. > :25:53.power with Sinn Fein, what did you know them? We were not aware of any

:25:54. > :26:02.deal or arrangement in relation to On The Runs. We vehemently oppose

:26:03. > :26:09.legislation in relation to an amnesty for On The Runs. We believe

:26:10. > :26:12.that everyone who has committed a terrorist atrocity or crime should

:26:13. > :26:15.be brought to court, made to face up to their crimes and should pay the

:26:16. > :26:19.price. We opposed the Belfast agreement would actually let people

:26:20. > :26:24.out of prison and we will continue to oppose any kind of amnesty for On

:26:25. > :26:26.The Runs. Thank you for joining us this evening.

:26:27. > :26:32.The weather forecast is next with Barra Best.

:26:33. > :26:34.It has not been an awful day. We have had a view showers. Through

:26:35. > :26:39.this evening, we will see those flying across with those

:26:40. > :26:42.south-westerly winds. Overnight, we will see some rain coming across.

:26:43. > :26:46.Some of that could be wintry over higher ground. Temperatures are

:26:47. > :26:51.around three or four degrees in towns and cities. The rain will get

:26:52. > :26:54.a soft away wet start to tomorrow. There are some good news as we go

:26:55. > :26:58.through the morning and into the afternoon. Most of that will clear

:26:59. > :27:03.way into the Irish Sea, leaving behind dry and brighter conditions.

:27:04. > :27:07.Most of us have some dry weather and some bits buzz of sunshine.

:27:08. > :27:12.Temperatures will reach nine or 10 degrees, just above average for the

:27:13. > :27:15.time of year. Do try to enjoy any dry weather if you can tomorrow

:27:16. > :27:19.because as we head into the evening, we will see the cloud coming in. It

:27:20. > :27:23.is another area of low pressure. It will bring rain tomorrow evening. It

:27:24. > :27:30.will pass very quickly so by Thursday morning it will be a dry

:27:31. > :27:33.and bright start. It will be chilly but we can it looks good spells of

:27:34. > :27:36.sunshine. It will not be wet all the time, they'll be scattered showers.

:27:37. > :27:40.Our late summary is at 10:25pm. You can also keep in contact with us via

:27:41. > :27:43.Facebook and twitter. From BBC Newsline,