25/02/2014 BBC Newsline

And that is all from the BBC News at six. It is goodbye from me and

That is all for now. Goodbye. Good evening. The headlines on BBC

Newsline. A secret letter from the government

to Sinn Fein means that the man charged for the IRA's Hyde Park

bombing will not stand trial. The families of the four victims

accuse the government of making a monumental blunder. The family are

very angry that justice will not now be seen to be done.

None denies physically abusing this man at a children's home in the

1970s. -- a nun. This former IRA man who became

notorious property developer claims he is now penniless.

And we are in for a wet start on Wednesday but how long will the rain

last? I will have the forecast shortly.

A man charged with the murders of four soldiers in the IRA's Hyde Park

bombing in 1982 won't stand trial because of a secret letter sent by

the government to Sinn Fein. A judge has accepted that John Downey was

given a written assurance that he would not be prosecuted. Downey is

one of those Republicans classified as on the run and his court case has

been going on behind closed doors for weeks at London's Old Bailey.

Our home affairs correspondent Vincent Kearney is at the Old Bailey

for BBC Newsline. This is a quite remarkable story and

one we will -- we can tell now because reporting restrictions have

been listed. The judge ruled that John Downey would not stand trial

for the bombing. He gave the prosecution service until today

whether or not to appeal and shortly after half past four at the Royal

Courts of Justice the court was told there would be no appeal and the

judge said the story could be told. Carnage on the streets of London.

Four soldiers were killed when a large bomb exploded as they passed

Hyde Park. Seven horses also died. Nearly 32 years later, each day

members of the household cow -- cavalry remember their colleagues

with a salute. John Downey, seen here arriving for a court hearing in

London, was arrested in May last year and charged with the murders.

He was arrested at Gatwick as he prepared to fly to Greece with his

wife and daughter. He argued he'd never should have been arrested

because the government had given an assurance he would not be

prosecuted. In a series of private court hearings behind closed doors

his lawyers argued that a prosecution would be a breach of

promise given by Tony Blair's government as a vital part of the

peace process. Those hearings shed light on secret contacts between the

government and Sinn Fein on the highly sensitive issue of the

so-called on-the-runs, escaped Republican prisoners or those who

feared arrest for IRA killings before the signing of the Good

Friday agreement. It was revealed that in July 2007 a letter was sent

to Sinn Fein after the party asked about Downey's legal status. The

letter said that... A specialist PSNI team was

responsible for checking the legal status of on-the-runs. The letter to

John Downey was sent in spite of the fact that as it were he was wanted

by the Metropolitan Police for the Hyde Park bombing. Mid Ulster MP

Francie Molloy attended many of the private court hearings to support

John Downey. Sinn Fein says similar letters were sent to more than 180

other on-the-runs. The party said it was vital that assurances given by

the government as part of the peace process were honoured. Gerry Adams

publicly signalled his support at the party's annual conference this

month. I want to set -- to send special greetings to John Downey and

all other on-the-runs. The prosecution said the letter had been

sent by mistake and that John Downey was a wanted man at the time of his

arrests but his lawyers argued it represented an unequivocal assurance

that he was not a wanted man. The judge accepted that argument, saying

the letter was crucial to his decision to rule that a trial could

not proceed. Mr Justice Sweeney said the government's failure to correct

the position set out in the letter meant that the prosecution amounted

to an abuse of process. Ruling that John Downey should not stand trial,

the judge spoke of the importance of holding officials of the state to

promises. It is a good decision, the decision

we were expecting. John Downey should never have been arrested and

I welcome the fact that he is now free to go home. You say this was a

result of a firm agreement with Sinn Fein. This was part of the Good

Friday agreement where the on-the-runs were considered free to

go free. Apart for the affect on the families of the victims, the ruling

could have huge implications for the other on-the-runs if they are ever

arrested. Mr Justice Sweeney opens the

possibility that this case could be reactivated in the future if what he

called extraordinary other events were to occur, by which he meant

fresh evidence, but I spoke to a senior prosecution lawyer afterwards

and he had said that he had never known this to happen when a ruling

of this kind. -- in a ruling. The finger of blame pointed firmly

towards the police. What happened in this letter was a result of an

agreement between the government and Sinn Fein back in 2001. They set up

a process to deal with the problem of the on-the-runs. Sinn Fein

submitted a list of names to seek clarification of their legal status.

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

wanted by the Metropolitan Police when the letter of assurance was

sent to John Downey. When he failed -- when they failed to say that in

their response to the CPS. Today they have apologised for the

failings leading to this occurrence. He says the PSNI accepts full

responsibility, apologised to the fan -- the families and say that the

PSNI is investigating all similar cases.

What does this mean for other on-the-runs?

That is the question. During the private hearings Sinn Fein said that

more than 180 other on-the-runs had received similar letters. We don't

know the precise details of the letters all the details of the

assurances but if they were couched in similar terms to those given to

John Downey, if any other on-the-runs were to be arrested and

charged with terrorist offences their lawyers are likely to point to

what happened today and say they should be treated the same way as

John Downey and not prosecuted. The families of those who died in

the Hyde Park bombing have said they feel devastatingly let down by

what's happened. The First Minister and DUP leader Peter Robinson has

described today as a sad day for the victims of terrorism. Chris Page has

more on the reaction. 32 years after the Hyde Park

bombing, the relatives of the victims still grieve. Now they know

it is unlikely they will see more prosecutions. The families are Italy

disappointed. They have issued a statement saying...

Peter Hain was the Secretary of State between 2005 and 2007 when the

issue of on-the-runs was negotiated. He is never going to go to trial

because of a catastrophic failure of the system as recognised by the

police service of Northern Ireland and the families don't understand

how such error, when it was recognised, was not corrected. Not

once, but twice. Christopher Daly's brother Anthony got killed weeks

before he was killed. His best friend was Danny Kinihan, who is

also saddened by the outcome. We have a cock up and we need to find

out what went wrong because families want justice but we all want to move

forward. Other politicians at Stormont and Westminster have been

reacting to news. A Labour MP was Secretary of State when the letter

was written to John Downey. This was a critical part of the

peace deal that has brought Northern Ireland from horror to peace and

hope and the idea that it could be unravelled in this case was

astonishing to me. The current Secretary of State says

her officials are investigating. Around 200 people have been through

an administrative scheme set up by the previous government in relation

to on-the-runs, a number of whom were given letters similar to Mr

Downey's. The Northern Ireland Office is conducting a check of

those letters to CFI mistake was made in any other case of a similar

nature. -- to see if. Peter Robinson criticised Tony

Blair, claiming he could not be trusted. Mr Robinson said that the

letters Tony Blair's government issued to some terrorists were

ill-conceived. Once again the issue of how to deal with the troubled

pass is top of the agenda. Peter Hain was the Secretary of

State between 2005 and 2007 when the issue of on-the-runs was negotiated.

Before we came on air he spoke to me from Westminster and I put to him

the accusation by Peter Robinson that John Downey had been handed a

get out of jail free card. I don't think the main point is to

make a charge like that. I can well understand how the victims of this

terrible terrorist atrocity in London feel, the four soldiers'

families, but the truth is, and I think it is important for the first

Minister, for who I have a great deal of respect, recognises this,

the truth is that in order to escape from Northern Ireland's hideous past

of war and terrorism and bombings and shootings and violence we had to

put in place a negotiated peace process of which this was a small

but important part, that is to say, people who were suspected, and John

Downey has never been charged with this terrible atrocity, although he

was a suspect he has denied it, people suspected were put through a

painstaking inspection by the PSNI, counter checked by the Northern

Ireland office, and scrutinised by the legal authorities within

government to check whether any prosecution was likely to be able to

be brought for atrocities committed decades ago. What guarantees were

given for the on-the-runs? The only guarantees given to individuals were

their cases, the names roared forward to us in the Northern

Ireland office and the PSNI, by Sinn Fein, the only guarantees we were

given -- they were given was that their cases would be investigated.

There was no guarantee beyond that. You say that the ends justify the

means? I am not saying that. I am simply saying, honestly, face up to

the fact that this is where we are today and we got here by

negotiations involving ensuring that all the difference commands put an

asked by the different parties, including the DUP and Sinn Fein,

were addressed. Were unionists aware of the deal for the on-the-runs? I

can't speak of the Unionists. I just want everybody to be careful of

reinventing history. We are where we are because when you solve conflicts

and end wars and you stop terrorism from continuing it involves

negotiations and agreements that ideally you would not necessarily

want to address. You certainly wouldn't want to address in a normal

political situation such as we now have in Northern Ireland. Peter Hain

speaking earlier. Our political editor is at Stormont. What affect

do you think this could have on the Assembly? I think we have a meeting

today of the party leaders discussing what they were

considering in the process that included dealing with the pass. It

probably will not make that any easier because this brings up once

again all of the controversies that we have recently had argued out

about the troubles and amnesties and so on. There is a focus on the PSNI,

whether there was an administrative error, but the course will be wider

on the fact that this scheme existed at all. It is undoubtedly the case

that this was not known to the wider public, not known to Unionists, and

you can see that in the anger that some of them feel about the fact

that there was, if you like, this clandestinely scheme. We hope to

hear reaction before the end of the programme. Police are investigating

the murder of a woman in Omagh. She was taken to hospital with head

injuries from a house in Castleview Court on Sunday but died yesterday.

She was 36-year-old Mairead McCallion from Omagh. No other

details have been given. A nun has denied allegations of

abuse against a child at a Londonderry children's home. It's

the first time the Historical Institutional Abuse Inquiry has

heard a statement from anyone other than former residents. BBC

Newsline's Tara Mills reports from Banbridge.

Former Termonbacca resident Michael McMoran gave evidence today. He said

one none in particular beat him. He waved his and -- he's anonymity. She

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

was hit on the back Andy Arms was she was wicked. The enquiry heard

for the first time from one of the sisters of Nazareth nuns. The nun

said she had no recollection of ever hitting a child with an implement as

described. The witness said she was a liar. Her statement went on to say

it is possible This afternoon, a second witness

said she had been repeatedly sexually assaulted by a priest. She

said she was taken to a room in Termonbacca. She said she was sick

afterwards. The nuns were angry and made her clean it up. Allison also

waived her right to anonymity. She said it was not just sexual abuse,

there was also physical at the hands of the nuns, including the first day

she arrived. She got me by the hair, pulled me off the table and

started me hitting me round the right side of the head. Ira member

seeing stars -- I remember seeing stars. The enquiry continues

tomorrow. A County Tyrone teenager who shot

his father dead told the police that he had been seeking treatment for

depression. Sean Hackett, who's 19, is on trial for murdering his

father, Aloysius, at the family home in Augher last January. He admits

that he intended to kill his father but denies murder. Our South West

reporter, Julian Fowler, was at the court in Dungannon.

Sean Hackett, a former captain of a sports team shot his father twice in

the head. He had borrowed a rifle from a friend, saying he wanted to

shoot rabbits. The prosecution claim the killing of his father had been

planned. When police first arrived at the family home, John Hackett

said he believed his father may have disturbed a burglar. He later

admitted he had done it. After his arrest, he gave a statement which

said... The prosecution says that Sean

Hackettreloaded the rifle even after seeing the horror of what the first

bullet must have done. Despite the horror of what he was doing to his

own -- and blood, it is their case that he is guilty of murder. -- his

own flesh and blood. The former IRA hunger striker turned

property developer Tom McFeely caused misery when an apartment

complex he built in Dublin was evacuated and declared a fire trap.

Not long after, he was declared bankrupt. In September last year, a

large haul of cash was found hidden in his former home but the Dungiven

developer says he didn't hide the money. Ciaran Tracey has been

speaking to Tom McFeely in an exclusive interview for tonight's

BBC Spotlight programme. Tom McFeely struck gold in the

building boom. Before he became a millionaire comedy was a committed

member of the IRA who was a wanted man on both sides of the border. He

was captured after an armed siege in 1976 and spent many years in prison.

He took part in a hunger strike in 1980, going 53 days without food. He

reflected on that protest in his first television interview. It is

not those who can inflict the most of those who can enjoy the most. He

has attracted widespread criticism from the Irish media since a court

decided two years ago that a complex developed by his company was a fire

risk. It led to misery for many families who have properties that

were effectively worthless. Will you come back here? Never. I would

rather sleep in the street. He says he is penniless. I don't have

anything at all. Not even a bank account, not a penny, not anything.

A huge stash of money was found in his former home. He says he has no

idea how it got there. All I can tell you is that it is not my money.

If you think that the security men who were keeping that house or

securing it, and I loved it behind, -- and I left it behind, you can

pick again. He continues to face questions about the state of his

finances. And you can see that edition of

Spotlight after our late BBC Newsline here on BBC One at 10:25pm.

Preparations for the Giro d'Italia cycle race stepped up a gear today,

with the Italian organisers re-visiting part of the route which

will be used in May. They also welcomed a former winner of the

race, the Irish rider Stephen Roche, into the Giro Hall of Fame. Mark

Simpson reports. He moved a lot faster in 1987 when

he won the Giro d'Italia but for Stephen Roach, this was a day to

celebrate, not participate. He was welcomed into the Hall of Fame. The

retired Irish rider is looking forward to seeing the famous race

come to the Emerald Isle. We can neglect a big event. It is always

been underestimated compared to the Tour De France. It is the same

standard. The race is not just about showing off sporting ability but

local scenery. When they come along from Belfast are peer to the Giants

Causeway, where we are today, it will blow them away. That is the

impact I wanted to have as tourism Minister. Literally blow them away?

Hopefully not! The colour of the Giro d'Italia is pink. The local

fish and chip shop is trying to capture the mood. We thought with

the Giro d'Italia coming through the village, and the pink jersey, we

thought we would try to give them some pink food. Especially some fish

and chips. There are a lot of way to get the taste of the Giro d'Italia.

I think I will just try the pink fish.

Back to our top story now and the decision not to proceed with the

trial of a man accused of the murders of four soldiers in the Hyde

Park bombing because of a deal between Sinn Fein and the

Government. The DUP MP for North Belfast, Nigel Dodds, is in our

Westminster studio. What is your reaction? First of all,

outrage at the news of this acquittal for him. Deep sympathy for

the terrible hurt that the families of the Hyde Park victims must be

going through at this devastating news. Clearly, terrible mistakes

have been made by the PSNI but the most graceful aspect of all of this

is the fact that the Blair government clearly entered into a

scheme which now a court has ruled gives effectively, in this case and

other cases, a get out of jail free card for people who hold these

so-called letters. I think that is a disgraceful set of affairs and is

once again typical of the way that Blair had his -- by and his cronies

handled the talks. What did your party know about this deal while it

was being negotiated and then agreed? We knew nothing about it

because we were not involved in the talks and we were not supporters of

the fast agreement, which was the roots of all of this. Sinn Fein make

the case for On The Runs. We oppose that case tooth and nail, in the

Commons when the governor tried to bring it through in legislative

form. For those who got the letters, they have a get out of jail free

card. We were never part and parcel of any of that. When you went into

power with Sinn Fein, what did you know them? We were not aware of any

deal or arrangement in relation to On The Runs. We vehemently oppose

legislation in relation to an amnesty for On The Runs. We believe

that everyone who has committed a terrorist atrocity or crime should

be brought to court, made to face up to their crimes and should pay the

price. We opposed the Belfast agreement would actually let people

out of prison and we will continue to oppose any kind of amnesty for On

The Runs. Thank you for joining us this evening.

The weather forecast is next with Barra Best.

It has not been an awful day. We have had a view showers. Through

this evening, we will see those flying across with those

south-westerly winds. Overnight, we will see some rain coming across.

Some of that could be wintry over higher ground. Temperatures are

around three or four degrees in towns and cities. The rain will get

a soft away wet start to tomorrow. There are some good news as we go

through the morning and into the afternoon. Most of that will clear

way into the Irish Sea, leaving behind dry and brighter conditions.

Most of us have some dry weather and some bits buzz of sunshine.

Temperatures will reach nine or 10 degrees, just above average for the

time of year. Do try to enjoy any dry weather if you can tomorrow

because as we head into the evening, we will see the cloud coming in. It

is another area of low pressure. It will bring rain tomorrow evening. It

will pass very quickly so by Thursday morning it will be a dry

and bright start. It will be chilly but we can it looks good spells of

sunshine. It will not be wet all the time, they'll be scattered showers.

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

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