THE decision to abandon the prosecution of Mr Larry Zaitschek is very troubling, both legally and politically.
Though politically it adds up, on the basis of expediency; legally – and it is this which should matter – it certainly does not add up.
Failure to meet disclosure obligations is an established basis for discontinuance of a prosecution. But habituall
y such is done to protect an intelligence source. Clearly, however, that is not the case here, because the PSNI statement expressly says that the material did not come via intelligence.
Moreover, the PSNI statement, very significantly, goes on to say that the PSNI has been prevented from divulging to the PPS all the relevant material. Why? Who and what is stopping the PSNI from doing so?
All of this very strongly suggests to me political machinations and control at work.
Indisputably, a prosecution over the IRA Castlereagh raid would have been politically embarrassing for a party of Government, Sinn Fein.
Political expediency certainly explains the present development, but as things stand it is not adequately explained legally.
The pattern is clear. IRA/Sinn Fein is in government, the public spotlight on their recent terrorist adventures is deemed unhelpful and hence the practice of de facto abandonment of pursuit of Robert McCartney's murderers, the Northern Bank robbers and now Zaitschek. It all adds up to only one thing: protection of IRA/Sinn Fein.
Jim Allister QC,
Leader, Traditional Unionist Voice
