Review of inquiry on Nelson says RUC got the facts

A report by a senior police officer appointed to review the original RUC investigation into threats allegedly made by RUC officers…

A report by a senior police officer appointed to review the original RUC investigation into threats allegedly made by RUC officers against Ms Rosemary Nelson says the first inquiry successfully established the facts of the case.

Cdr Neil Mulvihill of the London Metropolitan Police was appointed to the case in August 1998, when the Independent Commission for Police Complaints (ICPC) for Northern Ireland expressed "serious concerns" on how the investigation was being conducted.

A version of his final report to the ICPC was released for public scrutiny last night.

"It is my view that a breakdown of communication, coupled with a series of unrelated administrative and organisational problems, combined to create an air of concern which was wholly at odds with, and disproportionate to, the actual situation," the report said.

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"I am confident that the facts of the case have not only been established, so far as it was ever going to be possible to do so, but were established during the original inquiry."

The Chief Constable, Sir Ronnie Flanagan, asked Cdr Mulvihill to prepare the document for public release in the light of the murder of Ms Nelson by a booby-trap bomb on her car two weeks ago and the ensuing allegations of RUC collusion in her death. Names are omitted from the report.

In the report, Cdr Mulvihill defended the original chief inspector investigating the allegations. But he noted that many officers "registered their displeasure" at being subjected to interview and what they saw as being treated like a criminal.

The air of hostility from some RUC officers is confirmed in the report.

"This most certainly alludes to certain interviews conducted during March 1998 with officers who can reasonably be described as awkward characters," the report said.

"Ultimately I do not accept that the chief inspector failed in how he dealt with the attitude of `suspect officers'. In general terms, he was . . . robust when necessary.

"Some of the officers subject of complaint `know their rights' and would have no fear of exercising them."

The issue of the use of prepared statements by some of the police officers when interviewed and the problems this caused the initial investigation are highlighted.

"Some of the officers, especially those subject of complaints on a regular basis, would appear to have adopted the policy of preparing written statements in advance."

This could aid suspected officers with their recollections later on, he added. The chief inspector denied asking the police officers to prepare statements for interview, according to the report.

The report also said those who made some of the most serious allegations against the RUC officers did not co-operate with the original inquiry or Cdr Mulvihill's subsequent review.

Twenty recommendations are made by Cdr Mulvihill in the report, including the setting up of recording equipment in the interview rooms of paramilitary prisoners, which has since been implemented. It also recommends that the investigating officer should inform the supervising ICPC members that the drafting of a final report has begun.

In a joint statement issued last night, the ICPC chairman, Mr Paul Donnelly, and Sir Ronnie Flanagan stressed that the investigation was completed to the ICPC's satisfaction and files are now with the DPP.

They described Cdr Mulvihill's recommendations as a positive outcome to a set of difficult circumstances. "We are committed to moving forward together to ensure that these recommendations are urgently and rigorously addressed. We will continue with our joint efforts to ensure that we have a police complaints system that enjoys the confidence of the public and the police officers that serve them."