Hutchinson debate flags up other questions of the past

 

Wherever you stand on the "should Al Hutchinson stay or go?" debate, the latest suggestion that the Police Ombudsman should suspend the investigation of historic cases once again emphasises the drawbacks of the piecemeal way Northern Ireland is addressing its past.

Victims Commissioner Patricia MacBride has expressed her concern that the suspension "will have a detrimental and damaging effect on victims and survivors".

Ms MacBride is worried that "cases where investigations have already taken place and where reports have not yet been published, will sit in limbo until a review is conducted of the most effective way of managing those investigation reports".

The victims commissioner fears that families who have waited years will be told they must wait again. She describes that as "an untenable situation".

Currently the Police Historical Enquiries Team examines unresolved murders committed during the troubles.

When cases involve allegations of police malpractice or collusion, then they get referred to the ombudsman's office.

The courts are also getting drawn into the examination of the past, with the attorney general ordering that a series of new inquests be held into controversial deaths.

All this is in addition, of course, to high profile probes like the Bloody Sunday, Billy Wright, Rosemary Nelson or Robert Hamill inquiries.

The Eames Bradley Group On The Past recommended replacing this piecemeal approach with a single "Legacy Commission".

However, this suggestion got lost in the furore over the proposed £12,000 recognition payments to the families of all those who died during the conflict, irrespective of whether they were paramilitaries, security force personnel or civilians.

Boston College

Sinn Fein - which doesn't cooperate with the police HET team - has suggested an independent international truth recovery process, with UN backing. But unionists are distinctly cool about the idea.

At one stage the Secretary of State, Owen Paterson, appeared keen on replacing expensive lawyers with a panel of historians, tasked with establishing an authoritative view of the past.

Anyone who has witnessed historians argue over different interpretations of episodes in modern history may reserve judgment over how feasible such a project might prove.

Moreover, the events surrounding the oral history project at Boston College show that opting for a "story telling" approach isn't without its complications.

Having offered former paramilitaries a guarantee that their testimony would not be used until after their deaths, the college is now fighting attempts to subpoena its tapes, apparently as part of a PSNI investigation into the "disappeared".

With agreement on creating any new structures to deal with the past apparently impossible, both the Stormont politicians and the Northern Ireland Office may be tempted to shrug their shoulders and conclude that the current piecemeal system is the only option.

However, the controversy over Al Hutchinson's handling of historic cases vividly illustrates how this approach can damage those agencies which bear the burden of trying to discharge multiple duties.

The Criminal Justice Chief Inspector Michael Maguire reports that "with some exceptions" there were "no major concerns around the (Police Ombudsman's) investigation of current cases".

Yet Sinn Fein is calling for Al Hutchinson to resign now, whilst the DUP is accusing the ombudsman's critics of launching a "vendetta" against him.

The majority of the ombudsman's work is meant to involve complaints against serving police officers - but that work has been completely overshadowed by the complaints about Mr Hutchinson's handling of past atrocities like the Loughinisland shootings and the bombing of McGurk's bar.

 
Mark Devenport Article written by Mark Devenport Mark Devenport Political editor, Northern Ireland

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  • rate this
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    Comment number 13.

    Mark I would be interested to know how many cases involving collusion or RUC malpractice have been referred to the OPONI by the HET. By my reckoning there has been none to date but I stand corrected if you can up with cases. It would appear that the HET may also fail the test to properly investigate the past if it has failed to address issues such as collusion and RUC past failings

  • rate this
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    Comment number 12.

    You can't learn from a past which is a lie. The state's refusal to play ball gives the wrong impression to others. They must lead the way, and accept their role in terrorism here. That will not happen until a truth recovery process occurs. The history will be explored by academics; it's inevitable the truth will come out. But that won't happen until the state allows for it. Remember Bloody Sunday?

  • rate this
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    Comment number 11.

    The problem how to resolve troubles victim's needs is deep. Can they even agree who can actually be regarded as a victim. The needs are so various that a one solution fits all is also impossible. Some want apology, others retribution, some investigation by independent bodies,others money, not to mention ethnic groups who may be indirectly affected due to intolerance. Chris brave steps to move on.

  • rate this
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    Comment number 10.

    And although we would love this to happen we have come to terms that this will never happen. So now we are now looking forward and putting this behind us. will we forget no, but you can't let it fester or it will consume you like a cancer.

    This I fear is what is still happening with many. So as I said it is time to look forward and not back over your shoulder. And stop lawyers milking us.

  • rate this
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    Comment number 9.

    8.DisgustedinDERRY
    Do you really think that :-
    1) We would get the full truth from all parties. I think not, and even if we did would it satisfy?
    2) It would offer answers. I fear it would leave more open questions than it would provide answers.
    As I said earlier My family are victims of the so called "troubles". We have never seen the people who killed my sister in law brought to book TBC

 

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