The top army spy known as Stakeknife was not the only British agent allegedly involved in killing suspected informers while operating inside an IRA interrogation unit, the High Court has heard.
Counsel for the widow of murdered north Belfast republican Anthony Braniff claimed there were wider systemic failures to take action to protect the lives of those at risk. Mary Braniff is challenging a decision not to prosecute anyone in connection with his death in September 1981.
Her lawyers also contend authorities wrongly declined to bring corporate criminal liability charges against the security forces for alleged health and safety offences.
Mr Braniff (22) was shot dead by the Provisional IRA in September 1981 after being branded an RUC informer. His death was examined as part of Operation Kenova, the £40 million investigation into the activities of the IRA executioner and British military agent code-named Stakeknife, widely accepted to have been West Belfast man Freddie Scappaticci.
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Scappaticci, who died in March 2023, was linked to more than a dozen murders during his time as a member of the IRA’s internal security unit (ISU). Known as the “nutting squad”, the ISU was set up to interrogate, torture and kill suspected security force informers.
Mr Braniff, a father of three from the Ardoyne area of the city, was among those murdered by the unit.
In March last year, an interim Operation Kenova report found that Stakeknife probably cost more lives than he saved while working as a British spy at the heart of the IRA. By that stage the investigation team, led by current PSNI Chief Constable Jon Boutcher, had referred files on former IRA members and soldiers to the Public Prosecution Service (PPS).
However, the prosecuting authority concluded there was insufficient evidence for a reasonable prospect of securing any convictions.
Ms Braniff claims the decision not to prosecute anyone in relation to her husband’s killing was legally flawed and failed to properly assess potential health and safety offences.
Based on newly discovered military records, it was alleged that an intelligence oversight body known as the tasking and co-ordinating group (TCG) received information the IRA was holding Mr Braniff in the Divis area of Belfast and had sentenced him to death.
The documents indicate that the TCG, involving elements of the RUC special branch, MI5 and the British Army’s Force Research Unit, was told he would be executed that night. But the response of deploying military and police to the general Divis area did not prevent Mr Braniff’s murder.
According to Ms Braniff’s legal team, Operation Kenova files passed to the PPS disclosed evidence of potential health and safety offences.
Prosecutors also allegedly failed to consider other possible forms of corporate liability for misconduct in public office in connection with the RUC, military intelligence or security services.
The court was told previously that a decision had been taken not to prosecute two suspects identified as being potentially involved in Mr Braniff’s killing: a retired British soldier who worked within the Force Research Unit; and an IRA member at the time.
At a further hearing, individual reports on up to seven others murdered by the IRA unit on suspicion of being informers were introduced in support of the challenge. They included the killing of Patrick Murray (30) whose body was found in an entry close to Clonard Monastery in West Belfast in August 1986.
Conclusions reached about the murder of 20-year-old West Belfast republican Michael Kearney were also highlighted. He was abducted in July 1979, interrogated and shot in the head before his body was dumped close to the Border.
Counsel for Ms Braniff, Hugh Southey KC, argued the reports demonstrated authorities at the time recognised that the activities of agents put victims in danger.
“There was a danger to life and a need to act to provide protection to ensure people were safe,” he said. “There was clear information that agents including Stakeknife, but not limited to Stakeknife, were involved in killings.”
Citing alleged failures to pass on intelligence, Mr Southey said the reports contained references to other spies.
“There was a systemic problem with the handling of agents,” he submitted.
Lawyers for the PPS have insisted its decision-making was procedurally fair and involved no public law failures. Voluminous files of evidence were carefully considered before well-reasoned determinations were reached that no person or corporate entity should face criminal charges, the court heard.
Based on the British government’s proposed new Troubles legacy laws, which will involve a commission investigating conflict-era killings, Tony McGleenan KC questioned the benefit of the legal challenge. He told the court that if the legislation is enacted police would be prohibited from investigating any of the cases.
Instead, he argued, the Legacy Commission will be able to examine all of the issues raised in the case.
“This appears to be an incredibly expensive and long-winded way to get to the same place,” Mr McGleenan said. “We are using a great deal of resources in an exercise that is not going to deliver a better outcome than parliament has mandated.”
Reserving judgment in the case, Lady Chief Justice Dame Siobhán Keegan pledged to deliver a verdict as soon as possible.
Speaking outside court, Ms Braniff’s solicitor, Kevin Winters, confirmed the suspected wrongdoing was not just confined to Stakeknife.
Mr Winters said: “This challenge includes an allegation about state agents beyond Freddie Scappaticci.”
