'˜Halt Troubles prosecutions' says former DPP
Barra McGrory QC proposed there should not be a criminal justice process but an alternative used to retrieve information.
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Hide AdHe told the BBC: “I am suggesting that there not be a criminal justice process but there be an alternative process to elicit information which is not linked to criminal sanction.”
Mr McGrory spent six years in charge of prosecutions in Northern Ireland, including legacy ones.
During his period in office there was strident criticism from MPs in England who claimed there was an imbalance between the prosecution of former soldiers and paramilitaries although the statistics showed otherwise.
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Hide AdMr McGrory said he was not advocating a line be drawn under the past, but warned that the creation of the Historical Investigations Unit (HIU) would raise expectations without the quality of evidence being available.
“The evidence isn’t going to improve,” he said.
“Time cannot be wound back, so the quality of the evidence will still be very poor.
“There will be few convictions and in respect of those convictions, people will not be serving sentences commensurate with what they have been convicted for.”
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Hide AdMr McGrory added: “At the end of five difficult years, millions spent, much emotional energy invested, will we be any better off?”
Northern Ireland Attorney General John Larkin QC has previously called for an end to prosecutions for Troubles-related crimes.
The UK Government is consulting on measures addressing the toxic legacy of thousands of unresolved killings during the 30-year conflict.
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Hide AdIt has proposed the HIU to take over police work with a view to possible prosecutions, as well as an information retrieval unit distinct from the criminal justice system.
DUP MLA Mervyn Storey said Mr McGrory was entitled to make his views known, but believes victims have a right to demand justice.
“That was why we opposed the Belfast Agreement in 1998. Justice was corrupted,” he said.
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Hide AdPrisoners convicted of heinous crimes were released without serving their sentence. Some victims saw this as ‘the price of peace’ but for many others they took it as a snub to victims and further evidence that they, as victims, were an inconvenience. For people to be left feeling that way, is shameful.”
Mr Storey added: “The bereaved and injured also have every right to expect the victim-makers to always live looking over their shoulder fearful that justice will catch up with them.”
“The case of my colleague Sammy Brush is an example of how justice should never be closed off. Yes, a full sentence was not served but Sammy had the satisfaction of seeing a prosecution.
“Whilst time doesn’t help with evidence to gain a prosecution, it would be wholly wrong for the road to justice to closed.”