Soldiers or police will not face Finucane charges

No former or serving British soldier or RUC or PSNI officer will be charged in connection with the 1989 murder of Belfast solicitor…

No former or serving British soldier or RUC or PSNI officer will be charged in connection with the 1989 murder of Belfast solicitor Pat Finucane, the North's Public Prosecution Service has decided.

While the Stevens inquiry found that there was British army and RUC collusion with loyalist paramilitaries at about the period of Mr Finucane's murder, the prosecution service yesterday said there was insufficient evidence to prosecute anyone.

Going back to 1989 former senior English police officer John (now Lord) Stevens carried out three investigations into what is termed the North's "Dirty War". A total of 46 people were convicted as a result of these inquiries including UDA member Ken Barrett who admitted murdering Mr Finucane.

But no former or serving police officer or British soldier was charged, notwithstanding the findings of collusion.

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Barring the uncovering of fresh evidence, yesterday marked the end of the criminal inquiry into the UDA murder of Mr Finucane, one of the most controversial killings of the Troubles.

However, an official inquiry into his death is still scheduled to take place to try to establish the circumstances behind it, whether there was British security force involvement in the killing and how high the alleged collusion went.

The Finucane family, which deplored yesterday's decision, objects to the current terms of the inquiry, contending that it will prevent the full truth from emerging. Pat Finucane's son, Michael, said the family was angry and upset.

He accused the prosecution service of being "soft and submissive" in refusing to prosecute.

It also emerged yesterday that a pistol handed back to UDA member and police informant William Stobie by the RUC, having been seized by the police in 1989 and deactivated, "was subsequently reactivated by a person or persons unknown".

It was later used in the murder of a Catholic man at the Devenish Arms in south Belfast in December 1991 and in the murders of five Catholics at Seán Graham's bookmakers on the Ormeau Road in Belfast in February 1992.

Over the years of the inquiries, links were also established between the UDA - particularly its intelligence officer, Brian Nelson, who was also a British army agent - and British army handlers from its undercover Force Research Unit (FRU).

Among several allegations were that members of the FRU were setting up nationalists to be murdered by loyalists.

In February 2003, senior sources on the Stevens inquiry suggested to the The Irish Times that up to 20 former and serving members of the British army, RUC and PSNI, including an army brigadier, could face charges arising from allegations of security force collusion with loyalist paramilitaries.

The Public Prosecution Service, however, concluded yesterday that no further prosecutions will be brought against anyone based on the third investigation by Lord Stevens.

SDLP Assembly member Alban Maginness yesterday claimed there had been the "mother of all cover-ups" while Sinn Féin MLA and policing board member Alex Maskey, who himself was targeted by Brian Nelson, said the decision was "an absolute scandal".

"It shows the British government is incapable of facing up to their own responsibilities in all of this," he said.

Northern Secretary Peter Hain said any allegations of political interference in the decision were "simply not true".

The Public Prosecution Service argued that there was insufficient evidence to prosecute. It acknowledged that Stevens found there was collusion but said that "while an investigator may properly reach general conclusions on collusion, the prosecutor's role is different".

"In order to proceed with charges, the test for prosecution must be applied and the Director of Public Prosecutions must be satisfied that there is sufficient evidence to provide a reasonable prospect of conviction and that prosecution is in the public interest."

The prosecution service formally concluded that there was insufficient evidence to establish that any RUC officer or FRU member had agreed with the UDA that Pat Finucane should be murdered.

Only one man, Ken Barrett of the UDA, was convicted of Mr Finucane's murder. While sentenced to 22 years in prison he only served two years, as he was released early under the terms of the Belfast Agreement.

UDA member William Stobie, who was later murdered by his own organisation, was acquitted of Mr Finucane's murder after a key witness failed to give evidence.

Gerry Moriarty

Gerry Moriarty

Gerry Moriarty is the former Northern editor of The Irish Times