Dealing with the legacy of the Troubles will be a difficulty for any director of public prosecutions, the North's DPP Barra McGrory, QC, said on Wednesday when he confirmed that he is to stand down by the early autumn.
Mr McGrory, who is head of the North's Public Prosecution Service (PPS), confirmed he is to quit his post as DPP by September. His successor will be appointed by the Northern Ireland Attorney General John Larkin, QC.
By the time he stands down he will be almost six years in the post. He insisted his decision was not prompted by political criticism of his decision to prosecute some British soldiers for Troubles-related killings, and that he always had planned to stand down after five or six years. He is to return to private practice. “My heart lies in the representative role. I left that with the intention of returning to it. I have absolutely not been pushed out because of legacy,” he said.
“If all of the legacy controversy had not happened we would still be having this conversation,” he added.
He acknowledged however, that dealing with killings from the past was a "difficulty" for him and that it will also pose problems for whoever succeeds him
Mr McGrory has come under criticism from some Conservative and unionist politicians over his decision to prosecute a small number of former British soldiers for Troubles-related killings.
Last December it was confirmed that two former soldiers are to be prosecuted for allegedly murdering Official IRA member Joe McCann in Belfast in 1972.
In the coming months his successor also may face decisions over whether to prosecute up to 18 ex-British soldiers for involvement in the 1972 Bloody Sunday killings in which 13 people were killed, with a fourteenth victim dying later from his injuries.
While some Tory and unionist politicians have complained of a “witchhunt” against former British soldiers Mr McGrory has pointed out that when presented with evidence that warrants prosecutions for alleged unlawful killings he is legally bound to prosecute. His office has also noted that the PPS has mounted five times more cases against alleged paramilitaries than British soldiers during his term in office.
Some politicians have also referred to how Mr McGrory previously legally represented Sinn Féin leaders such as Gerry Adams and the late Martin McGuinness. Again it was pointed out that Mr McGrory as a solicitor represented a broad range of clients including alleged loyalist paramilitaries and unionist politicians.
Mr McGrory was appointed DPP in November 2011. When announcing on Wednesday that he is to return to the Bar he said that the criticism he faced over prosecutions of soldiers was not behind his decision. He acknowledged however, that dealing with killings from the past was a “difficulty” for him and that it will also pose problems for whoever succeeds him.
Legacy
Mr McGrory said one of the difficulties for a prosecutor is that “decisions will be viewed through the prism of the different communities about what happened in the past making it difficult for a prosecutor to operate in a calm and reasonable environment”.
“I wish the political architects of the peace process had dealt with legacy,” he added.
Mr McGrory is the third DPP for Northern Ireland since the role was established in 1972. Sir Barry Shaw was DPP from 1972 to 1989 while Sir Alasdair Fraser was in the post from 1989 to 2010. He is the first Catholic to serve as DPP.
"It has been an honour to have led the Public Prosecution Service for the past 5½ years and the highest privilege of my professional career to have served the people of this jurisdiction as Director of Public Prosecutions, " said Mr McGrory.
“I have enjoyed working with a tremendously talented team within the PPS and I look forward to continuing this important work until my term in office ends later this year,” he added.
A competition to appoint his successor will begin in the near future.
