Operation Kenova: Muted reaction to decision not to prosecute 16 people in probe into Stakeknife agent, Freddie Scappaticci

There has been a muted reaction to a decision not to prosecute 16 people from terrorist and security force backgrounds investigated by Operation Kenova.
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The Public Prosecution Service (PPS) said it has given careful consideration to five files concerning 16 individuals reported by Operation Kenova, which probed the activities of the top Army agent Stakeknife within the IRA, who was allegedly west Belfast man Freddie Scappaticci.

On Wednesday, the PPS said the latest announcement relates to seven civilian suspects in connection with murders in 1981, 1987 and 1993 and two civilian suspects in connection with the false imprisonment of, and conspiracy to murder one victim in January 1990.

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It also relates to one police officer and six military personnel in connection with allegations of perverting the course of justice and misconduct in public office.

Alfredo "Freddie" Scappaticci pictured at the 1987 funeral of IRA man Larry Marley. No prosecutions are to be pursued following the latest consideration of files from a major investigation into the top Army agent within the Provisional IRA.Alfredo "Freddie" Scappaticci pictured at the 1987 funeral of IRA man Larry Marley. No prosecutions are to be pursued following the latest consideration of files from a major investigation into the top Army agent within the Provisional IRA.
Alfredo "Freddie" Scappaticci pictured at the 1987 funeral of IRA man Larry Marley. No prosecutions are to be pursued following the latest consideration of files from a major investigation into the top Army agent within the Provisional IRA.

The news prompted almost no reaction on social media. The only political party to release a statement was the DUP.

DUP Legacy spokesperson Emma Little Pengelly said there will be disappointment that a number of people facing investigation for IRA murders will not face prosecution.

“This announcement will obviously be disappointing and painful for the families involved," she said. "Once again, justice will be denied.

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"The scale of Operation Kenova once again reiterates just how widespread the infiltration of the republican movement was by the security services. Whilst Scappaticci may have been the focus of this investigation, the IRA and the wider republican movement was riddled with informants and there will be many within its ranks who do not want the full truth to be seen.”

Sinn Fein was also invited to comment.

Billy Matchett, a former Special Branch officer and author of 'Secret Victory' - about the intelligence war with the IRA - said the decision left him confused.

"Either there is evidence to merit a prosecution or there is not," he said. "There is no in between. Or shouldn’t be. But in legacy’s strange world there is, and then only for the ‘Brits'."

He added: "General Order No 1 of the Provisional IRA was drafted by its so-called Army Council and sanctioned the execution of ‘touts.’ It was the foremost concern of the Belfast-centric leadership and mercilessly enforced long before Stakeknife was heard of. It seems to me incredible that no Army Council figure will be put before a criminal court. Were any even interviewed?

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"The Provisional IRA as a matter of official policy issued the ‘kill all touts’ fatwa - not the state."

Former Assistant Chief Constable Raymond White, speaking on behalf of the Northern Ireland Retired Police Officers Association (NIRPOA), said they were relieved that the cases against two police officers - one of them deceased - were now found to be "totally without any evidence to support criminal charges".

He added: "I think credit should be given to Kenova and the time and efforts they have invested in their investigations.

"But for anybody who had any concerns about getting all the other outstanding cases before the courts, I think they should take note; if Kenova with £37m has been found wanting, in PPS in terms, of providing admissible evidence for prosecutions, then you can't ignore that.

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"I think this justifies the government saying it is going to try a new approach which is more focused on reconciliation and information gathering - but if we come across substantive evidence we haven't closed the door on prosecutions."

Kenny Donaldson, director of Services with victims group, the South East Fermanagh Foundation (SEFF), said: "Our thoughts are with any innocents caught up by the decisions made by the PPS. We acknowledge the remarks of Sir Iain Livingstone that these particular cases are peripheral to the main focus of Kenova. We will be monitoring the situation with other case files, particularly those for which our members/clients are involved.

"It is imperative that in all of this that there is the fullest possible openness and transparency around these issues, the activities of a number of protagonists were shameful."

Former NATO Intelligence Colonel Philip Ingram, who is from Tyrone, said on social media: "Intelligence isn't evidence that meets a legal standard so it is always near impossible to prosecute on intelligence alone - a lot of IRA people will be breathing a sigh of relief as will many agent handlers!"

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But Edward O’Neill, who was severely injured in the loyalist bombing of Dublin in 1974 defended the value of the Kenova investigation.

"If it merely gives families some closure and allows them to know how their loved ones were murdered, it's money well spent," he said on social media. "Nothing can bring back the dead but closure will help.

"As for those morons saying it’s a waste of Euros, I hope none of your family were killed."