FRU

By Deirdre Younge. The Smithwick Tribunal concealed its relationship with Freddie Scappaticci whom it treated as a credible source of information while the Kenova Inquiry is investigating him for multiple murders. The Smithwick Tribunal found Garda collusion in murder of RUC officers, but couldn’t name the colluder.  This was partly because it allowed a motley band of FRU operatives, informants and agents  like the serial ‘intelligence nuisance’ Fulton and elusive thug Scappaticci endlessly to mislead it on who the colluder was so that, when MI5 conduit Drew Harris gave definitive evidence to the contrary, the Tribunal was forced to give what the authorities, North, South and in the UK wanted: a false finding of collusion that was impossible for anyone, particularly an unnamed colluder, to challenge. Since this article was written the Public Prosecution Service of Northern Ireland has decided not to press charges relating to perjury against three people – two public officials and another, believed to be Freddie Scappaticci, on foot of files submitted by Operation Kenova.  The present DPP N.I Stephen Herron, appears to have accepted that Scappaticci was entitled to rely on the ‘defence of necessity’ in May, 2003 when he took a judicial review against Jane Kennedy, a Minister in the Northern Ireland Office. Scappaticci had asked the Minister to deny allegations in the media that he was the agent called ‘Steaknife’ or ‘Stakeknife’ which she refused to do on the grounds that it was standard policy to give a  ‘neither confirm nor deny’ (NCND) response to  questions related to National Security. The Minister’s decision was upheld in August 2003 when Scappaticci’s application for Judicial Review was dismissed.  An official in the Public Prosecution Service in 2006, reviewing Scappaticci’s sworn statements of 2003 on foot of complaints received, accepted that Scappaticci had committed perjury but that he was justified in claiming that he was not the agent ‘Steaknife’ or ‘Stakeknife’ in the circumstances, as to do otherwise would have put his life in danger – the ‘defence of necessity’. That decision was itself reviewed in 2018 by the then DPP Barra McGrory with the consequences explained below. The latest decision by the DPP Stephen Herron therefore, accepts Scappaticci’s defence.   Freddie Scappaticci, the British spy who came to Dublin to testify. Chief Constable Jon Boutcher, from Bedfordshire Police, is leading operation Kenova whose independent team is investigating a range of activities surrounding an elusive individual intriguingly codenamed Stakeknife, or Steaknife. Kenova detectives arrested and interviewed the British Army agent Freddie Scappaticci, a 72-year-old Belfast man, in early 2018. He is widely suspected of being that individual. A member of the Belfast IRA from the early 1970s, he was recruited as an agent for the Army’s Intelligence Corps in the mid to late 1970s. He moved to British Army intelligence Force Research Unit (FRU) in Northern Ireland which secretly penetrated terrorist organisations in 1982 with his then handler, Major David Moyles, who instructed him and channelled his information.  Scappaticci was observed operating around Dundalk and the Border region North and South from around 1982 until 1990. He is believed to have attempted to take over a unit run by another IRA man in Louth in the early 1980s. He was also described as the co-ordinator of its North-South operations. Later he was second in command to JJ Magee in the Internal Security Unit which conducted IRA interrogations along the border. He is linked to at least 20 murders.  But he fell out with the IRA, and in with MI5 and its emanations which paid him £80.000 a year. Serious allegations have emerged to the effect that, to protect his cover, the British government allowed up to 40 people to be killed via the IRA’s Internal Security Unit or ‘Nutting Squad’ which he led.  It appears Kenova is pursuing several perjury cases against Scappatacci for denying he is Stakeknife or Steaknife.  Some are sceptical whether he will be held to account as it has, for example, been alleged he retains tapes of his dealings with his handlers. A number of individuals connected to the Stakeknife scandal, and keen for an accounting, have claimed perjury is the easiest way to ensure the alleged spy will appear in a court of law. According to Henry McDonald in the Guardian, “The whistleblower who first publicly identified Stakeknife as Scappaticci, the former Force Research Unit soldier Ian Hurst, has described the perjury route as a ‘slam dunk’ if Boutcher and his detectives decide to prosecute on that front”. The focus of this article is on how such an eminently unreliable persona was allowed to elaborately subvert the naïve and misdirected Smithwick Tribunal that reported in the Republic in 2013. One gauge of the unreliability is perhaps that in court in 2019 counsel for Britain’s Ministry of Defence revealed the total number of lawsuits against the alleged spy. Tony McGleenan QC said: “There are 31 claims. Some have taken the form of correspondence [but] 24 writ actions have been issued. All of these name the second defendant (Scappaticci)”. Scappaticci had been outed as the alleged agent Stakeknife or Steaknife at the time of the Stevens Inquiry in London in 2003. The outing is credited to his sometime associate Peter Keeley aka Kevin Fulton. But it is also attributed to a former Sergeant in the Army Intelligence Corps and FRU, Ian Hurst aka Martin Ingram. Scappaticci was also the subject of allegations in relation to the Tom Oliver murder in County Louth in the book ‘Stakenife’ published in 2003 by Journalist Greg Harkin and Ian Hurst under his pseudonym Martin Ingram. That’s three different lineups alleging the identity. Keeley and Hurst are egregiously shadowy figures who were to feature in the Smithwick Tribunal and whose allegations led to Scappaticci being afforded unlikely credence and indeed getting legal representation there.  Members or agents of British Army Intelligence  were to play a huge role in the Smithwick Tribunal which investigated whether there was collusion between the Garda in Dundalk and the IRA killers of two RUC officers, Chief Superintendent Harry Breen  and Superintendent Bob Buchanan, who were shot dead