RTE defends broadcasting film branded ‘misleading’ by ex-officers

The film No Stone Unturned is largely based on a leaked, unredacted Police Ombudsman NI (PONI) report, with the subsequent final report the subject of an ongoing legal challenge.

Six Catholic men were shot dead by a UVF gunman as they watch a World Cup football match at The Heights bar on June 18, 1994.

Although a number of suspects were arrested and questioned in the weeks after the attack, no one has ever been charged or convicted of involvement in the murders.

In his June 2016 report, ombudsman Dr Michael Maguire stated that police ‘collusion’ with the UVF killers was a “significant feature” in the atrocity.

This public statement was made despite the fact that no individual officer was identified as being guilty of any criminal offence, or having breached the police code of conduct in any way.

Both the PONI report and the film, which was directed by US film-maker Alex Gibney, accuse the police of destroying vital evidence when they disposed of the killers’ getaway car.

However, the NI forensic science service confirmed to the News Letter earlier this year that the Triumph Acclaim car had been stripped of all forensic opportunities before being released.

Within weeks of the PONI report’s publication the NI Retired Police Officers Association (NIRPOA) successfully sought a judicial review.

Mr Justice McCloskey announced the outcome of the judicial review in December 2017 – delivering a scathing judgement including a finding that the former officers were, in effect “accused, tried and convicted without notice and in their absence”.

The judge found that the ombudsman’s ‘collusion’ determination was “an outright and unqualified condemnation”.

However, lawyers for the ombudsman then formally requested that Justice McCloskey step aside to allow another judge to rule on whether the PONI report should have certain passages removed.

Having reviewed the case, in November 2018 Mrs Justice Keegan overturned the McCloskey recommendation around the PONI’s authority to determine that collusion had occurred.

The Court of Appeal is now considering an application from the retired officers that the Keegan judgement is overturned.

Ahead of the RTE broadcasting No Stone Unturned last week, 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”.

The retired officers also forwarded web links to all of the related material published in the News Letter over a six-day period in February this year.

The letter requested that RTE would “make it clear that the vehicle used by the terrorists was not ‘destroyed’ and evidence gathering opportunities lost,” as forensic scientists had completed “all relevant forensic examinations” before releasing the car.

In response to the NIRPOA, an RTE spokeswoman said: “RTÉ has taken care to ensure that this documentary meets its obligations under the Broadcasting Act and complies with its own Editorial Guidelines and the Guidelines of the Broadcasting Authority of Ireland.”

Damning allegation pulled from broadcast

Arguably the most sensational claim in the No Stone Unturned film was cut from the RTE version before it was broadcast last week.

The discarded clip featured former RUC detective constable Jimmy Binns alleging he was present when a fellow detective encouraged a UVF terrorist to “commit a murder” while conducting an interview.

D/Con 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.”

A number of other retired officers have raised questions around the account portrayed in the film, and also called for the serious allegations to be investigated by either the PSNI or the Police Ombudsman.

Following the screening of the film in a number cinemas in the UK and around the world, the then police ombudsman Dr Michael Maguire said the matter would be “investigated when resources allow”.

Last week, a spokesman for the current ombudsman Marie Anderson 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.”

RTE said most important elements survived the cuts

The Irish state broadcaster said the main elements of No Stone Unturned were retained despite a key clip being cut before broadcast last week.

The missing section involved former RUC officer Jimmy Binns claiming an attempt was made to solicit a murder during a police interview.

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”

BBC pulled out after helping finance film

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.”

Director Alex 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”.