No prosecutions but Operation Kenova 'will be used to denigrate the police and security services'

The multi-million pound probe into the activities of the alleged agent known as Stakeknife was led by Jon Boutcher until his appointment as PSNI chief constable in October 2023.

Although no prosecutions will follow, current Kenova head Sir Iain Livingstone said the team had recovered “a huge amount of new material” that will provide many answers for bereaved families.

Director of Public Prosecutions Stephen Herron also stressed that “the value of the investigation should not be measured solely in terms of any prosecution decision outcome”.

However, Mr Matchett said Kenova has much in common with previous investigations, including by the Police Ombudsman, that provided “a steady application of tarnish that was the base coat of equating the security forces to terrorists”.

The latest batch of files sent to the PPS covered a range of terrorist-related activity, up to and including torture and murder, between 1987 and 1994.

Each case was “considered impartially and wholly independently by an experienced team of senior prosecutors” but there is “insufficient evidence to provide a reasonable prospect of conviction”. the PPS said.

This final phase of the Op Kenova decisions related to seven civilians alleged to have been members of the Provisional IRA and five former soldiers who worked within the Army’s Force Research Unit (FRU).

Three of the five soldiers were agent handlers and two held more senior positions.

Mr Matchett, a former RUC and PSNI intelligence expert, and author of Secret Victory: The Intelligence War that Beat the IRA, said that while former Special Branch officers were the original targets of legacy investigations, the net was eventually cast wider to include many more branches of the security forces.

He described the continuing focus on the intelligence community as “selective, discriminatory and at odds with the 'parity of esteem' principle of the Good Friday Agreement”.

Mr Matchett describes Operation Kenova as “broadly following the same design,” and added: “It produced no new evidence - and resulted in no prosecutions - but will be used to denigrate the police and security services”.

Stakeknife worked in the IRA’s notorious “nutting squad” – involved in interrogating suspected informers during the Troubles.

Op Kenova investigators examined crimes linked to Stakeknife and the role played by the security services and intelligence agencies.

West Belfast man Freddie Scappaticci, who was widely reported to have been Stakeknife, died in 2023. He repeatedly denied the claims.

TUV leader Jim Allister has also expressed concerns about Op Kenova.

He said: “This investigation went on for years at huge cost to the public purse and has ended up producing nothing but a bill for the taxpayer.

“One suspects that it is politically convenient as well. How would having senior Provos in the dock have fitted in with the process?”

On Thursday Deputy Director of Public Prosecutions Michael Agnew, said: “As with all previous phases of Operation Kenova work, decisions relating to the five incidents were considered impartially and wholly independently by an experienced team of senior prosecutors, who were assisted by independent counsel.

“The challenges encountered in this last phase of decisions, as before, included an absence of important source materials and legal difficulties in attempting to rely upon intelligence records as evidence that could be admitted in criminal proceedings.

"Having carefully considered the extent of the admissible evidence, it was concluded that there was no reasonable prospect of conviction in respect of any of the 12 individuals reported.”

He added: “In addition to the detailed public statement explaining the decisions taken in each of the cases, all victims and families connected to these five incidents have received an individual written explanation, along with an offer to meet in future to answer any questions they may have.”

Director of Public Prosecutions Stephen Herron said: “I recognise the deep disappointment many victims and families will have at the decisions not to prosecute, and their continuing desire for informationand accountability.”

Mr Herron also stressed that “the value of the investigation should not be measured solely in terms of any prosecution decision outcome”.

​Op Kenova head Sir Iain Livingstone has defended the work of his team, saying they had uncovered new evidence that can be provided to victims’ families.

Sir Iain, who took over from Jon Boutcher in November last year, said putting the focus on a failure to prosecute anyone referred to the PPS provides only “part of the story”.​

He said: “It is unfortunate that the comments from the Public Prosecution Service are once again limited to those people who remain alive today. I do understand why, but in doing so it only provides part of the story and excludes commentary on the main focus of Operation Kenova.

“Kenova’s position remains that we have recovered a huge amount of new material and made significant forensic breakthroughs.

“That includes obtaining new physical evidence and repurposing existing exhibits to obtain full DNA profiles on suspects more than 40 years after they were originally recovered.

“Victims have remained our absolute focus throughout and I’m … grateful for the fortitude and bravery of individuals and families for coming forward and putting their trust in Kenova.”

The former Police Scotland chief constable added: “I’m grateful too for the support from former Force Research Unit members who have provided statements and crucial information.

“Collectively this has helped us build a strong and compelling case which we are frustrated will now not be tested before a court.”

He also said he remains determined “to provide families with the truth about what really happened to their loved ones”.

An Operation Kenova interim report will be published next week.