Loughinisland detective murder plot allegation still not probed by police watchdog

Almost three years after the release of a controversial film examining the police response to the 1994 Loughinisland atrocity, the police ombudsman (PONI) has still not investigated its most sensational claim of alleged criminal behaviour.
In his 2016 Loughinisland report, Dr Michael Maguire revealed that almost all of the ‘collusion’ concerns that helped spark a fresh inquiry proved baselessIn his 2016 Loughinisland report, Dr Michael Maguire revealed that almost all of the ‘collusion’ concerns that helped spark a fresh inquiry proved baseless
In his 2016 Loughinisland report, Dr Michael Maguire revealed that almost all of the ‘collusion’ concerns that helped spark a fresh inquiry proved baseless

Following the release of No Stone Unturned in 2017, ex-police officers expressed concern that the then ombudsman Dr Michael Maguire had cooperated with the film-makers, but was failing to investigate a serious criminal allegation made in the film – that a detective had encouraged a UVF terrorist to “commit a murder” while conducting an interview.

The NI Retired Police Officers Association (NIRPOA) had called for a thorough PONI investigation of the claims made by former RUC detective constable Jimmy Binns.

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Recounting a police interview of a suspect on camera, Mr Binns states: “Then the conversation turned away from interrogating [the suspect], to encouraging him to commit a murder – to kill an IRA gunman who was a threat to the detective.”

The former officers believe that with Mr Binns apparently readily available for interview, and the identity of the interviewing teams well-documented, the veracity of the claim could be easily tested.

The film is largely based on a leaked, or stolen, unredacted police ombudsman report on the UVF murder of six Catholic men at The Heights bar in the Co Down village.

No one has ever been charged or convicted of involvement in the sectarian attack.

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In February 2019, a spokesman for the Police Ombudsman’s Office said: “We have received a complaint about this matter, which has been assessed in line with our case prioritisation policy and will be investigated when resources allow.”

On Monday ombudsman Marie Anderson, who replaced Dr Maguire in July last year, said: “The situation remains that it has been assessed in relation to our case prioritisation policy – which helps to ensure a consistent approach to such decisions – and will be investigated when resources allow.”

The men killed were: Adrian Rogan, 34, Malcolm Jenkinson, 53, Barney Green, 87, Daniel McCreanor 59, Patrick O’Hare, 35, and Eamon Byrne, 39.

The BBC has so far declined to show the film it initially helped finance, while RTE broadcast it last October – having cut the scene containing the Binns’ allegation and a number of other sections.

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At the time, a spokeswoman for RTE said there are “many considerations” when adapting a documentary from cinema to television.

“Duration is a very basic factor as is the level of background knowledge the audience has, their different expectations and other factors. A number of changes were agreed with the producers ... in the context of the transfer from one medium to another but the most important elements of the story were retained,” she said.

The News Letter asked both the BBC and US film-maker Alex Gibney to explain the reasons why the BBC has refused to broadcast No Stone Unturned, despite initially helping to finance the project.

In response, BBCNI said: “We are unable to comment on the important legal and editorial considerations which prevented our continuing involvement. We made every effort to see if these could be resolved in ways consistent with the requirements of our editorial guidelines.”

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Director Mr Gibney said: “My ultimate disagreement with the BBC revolved around a business dispute. The BBC wanted me to make some changes for the UK audience. While I disagreed with the suggested changes, I was willing to make them for the UK. I was unwilling to make them for the worldwide version.”

Ahead of the RTE broadcasting No Stone Unturned, the NIRPOA wrote to the broadcaster saying that in the interest of fairness and impartiality, the viewer should be made aware “that the content of the OPONI report on which the film is based, is not without serious challenge to the veracity of its content or the misleading scenario it presents”.

Last Thursday, the Court of Appeal found that Dr Maguire in his Loughinisland report had “exceeded his powers” in finding police officers had engaged in criminal collusion, but upheld the legal entitlement of the ombudsman to make public statements on such matters.

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