Operation Kenova: PPS concludes assessment of police files and directs that no one will face prosecution

The major investigation into the activities of the alleged agent known as Stakeknife, which began in 2016, was led by Jon Boutcher until his appointment as PSNI chief constable in October 2023.

A total of 28 files were forwarded to the PPS for consideration – covering a range of terrorist-related activity up to and including torture and murder.

The PPS statement released on Thursday relates to the final batch of files in respect of 12 individuals.

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).

Of the five former soldiers reported to the PPS, three were agent handlers and two held more senior positions of Operations Officer and Commanding Officer.

The decisions not to prosecute were taken in relation to: the 1987 abduction of one victim who was released; the abduction and murder of one victim in 1988; the abduction and murder of one victim in 1989; the 1989 abduction of one victim who was released, and the murder and abduction of one victim in 1994.

Stakeknife worked in the IRA’s notorious “nutting squad” – involved 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.

On Thursday, Deputy Director of Public Prosecutions Michael Agnew, who has had oversight of all PPS work on Operation Kenova, said: “As with all previous phases of Operation Kenova work, decisions relating to these 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.

“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”.

He said: “Operation Kenova sought to address communication with families in a more considerate and inclusive way and this has been widely welcomed. There is much about how they have approached their work that will serve as a model for any future legacy investigations. The victims and families have waited a number of years for the conclusion of these decisions.

"I regret that the PPS was not in a position to complete this work more quickly. This was in part due to the volume and complexity of the files, but also a result of the limited prosecutorial resources available to PPSfor legacy work.

“I am mindful that an interim Operation Kenova report is to be published by the PSNI next week and is to be followed by individual reports to families who suffered a bereavement.

"I hope that these reports will demonstrate the wider value of Operation Kenova investigations in providing answers to families and also setting out a fuller context and narrative on what are no doubt very challenging and significant issues of understandable public interest.”