Devolution of Policing And Justice Litmus Test

This is a guest article by Helen McClafferty, Chairperson for the Free Gerry McGeough Campaign.  Helen is of Irish American descent and is a dedicated human and civil rights campaigner.

Try and picture this scenario going down...

A political candidate stands as an Independent on issues of principle during elections in Zimbabwe. Every political dirty trick and smear in the book is used against him during the campaign.

At the end of the election count, he is arrested as he leaves the Poll Count Center and taken for interrogation. The international community, with Britain taking the lead, would be in uproar squealing over the injustice of it all.  Despite his high-profile during the election and before, the Zimbabwe police state that they arrested him at the Center only because they had no idea of his whereabouts prior to that date. The international media are disgusted at the pathetic excuse.

A few days later, the candidate is charged with attacks against the former Rhodesian military going back 35 years and thrown in jail.  Only after a massive legal struggle is he granted bail and freed under severe restrictions. Due to these restrictions he is unable to pursue his teaching career, which has an effect on his family as he is the main breadwinner.

While his political enemies continue to slander him on the Internet, he is dragged before courts every month and the case is put back for no good reason every time. Britain continues to highlight the injustice of his case and demands that all politically motivated charges be dropped.

Two-and-a-half years after his arrest, the candidate remains in legal limbo. He suffers a major heart attack. The British press and media are in uproar and demand that Robert Mugabe put an end to this vindictive political persecution.

The candidate survives the heart-attack but his health is now a source of major concern to his legal team. Regardless of this, the Zimbabwe authorities go ahead with a trial against him, which begins exactly three years to the day after his arrest.

In order to try him, a special non-jury court system is resurrected for the event, even though this system has been repealed years earlier and is notoriously corrupt. The British government is hysterical about this human rights abuse.

The trial is stopped for an Abuse of Process application. This is refused despite the excellent legal arguments in its favour.

The trial resumes six months after it first began. On the second day, the candidate is rushed to hospital for emergency heart treatment. The local national media censor all reporting on this major development. The British are outraged.

Following a surgical procedure, the trial is resumed for a third time. The charges against him involve membership of a Nationalist group and the wounding of a Rhodesian soldier during the conflict 30 years earlier.

The evidence against the candidate includes one of his novels, a stated work of fiction, which has been published and on sale for years. A chapter from this novel is read out of context in court and entered as "evidence". The international community is aghast at the idiocy of such a development, and writers' guilds around the world protest at the injustice of such Philistine behavior.

Next, it emerges that the candidate once sought political asylum in Sweden. The Swedish government readily hand over his application papers to the Zimbabwean authorities and dispatch one of their Immigration Officials to testify against the candidate. This constitutes the prosecution's main evidence.

International Human Rights and Refugee Groups are beside themselves with fury and the UN condemns the move. The British threaten a boycott against Zimbabwe and lecture the Swedes on their treachery.

The trial ends and the candidate is told to brace himself for a twenty year sentence.

The above story is hardly imaginable. A government provokes international anger  in order to pursue a vindictive, politically motivated trial against someone just because he stood in an election and articulated views that were at odds with the powers that be.

Guess what? All of this has happened, not in Zimbabwe but in the North of Ireland against Gerry McGeough. The only difference is that the British government far from speaking out against the injustice is actually responsible for it. Also, the international community, human rights groups and writers' guilds have been remarkably silent about it all. It's time we all spoke out.

Helen McClafferty (Chairperson for Free Gerry McGeough Campaign)

SHOW YOU SUPPORT BY JOINING THE FREE GERRY MCGEOUGH OFFICIAL WEBSITE HERE AND THE JUSTICE FOR GERRY MCGEOUGH FACEBOOK PAGE HERE

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European Election OR Sectarian Head Count 2009?

European Election OR Sectarian Head Count 2009? Sinn Féin's sitting MEP Bairbre de Brún created Northern Ireland electoral history by topping the poll with 126,184 votes. However, both the Dublin and Irish governments will tonight be pondering nervously about the future of their landmark Good Friday Agreement (Sunningdale Mark II). 

The proverbial fly in the ointment comes in the form of Jim Allister, Leader of Traditional Unionist Voice (TUV), who polled an astonishing 66,197 first preference votes. The majority of his votes were gained at the expense of his former party the DUP and their candidate Diane Dodds.


Anyone familiar with the political polarisation within Northern Ireland will be well aware that the word European bares little significance with many voters. Instead, all elections, European or otherwise, since the implementation of the world famed (‘truce’) Good Friday Agreement have acted only to further polarize both political tribes. For unfamiliar NI political observers, you must first grasp an understanding of the under currents of colonialism, partition and sectarianism which both, dominate and stifle, the political agenda in Northern Ireland. Also, this has not been a thunderbolt that has just hit our political scene today or yesterday. Many astute Northern Ireland political pundits will agree that unresolved issues have been festering under the surface since that momentous Friday back in 1998. They will also agree rather than dispel old grievances, GFA has only sought to further exacerbate and compound them which has further institutionalised sectarianism within this British state-let. It is not an understatement to say that the Good Friday Agreement has been decaying since its inception, ever since that immortal premise that;

‘Britain has no more strategic interest in Northern Ireland’.

Au contraire, we have been witnessing a steady slip to the right manifesting itself in an increasingly dogged expression of British imperialist interest. This rightward shift has been accelerated by increasing unionist reaction coupled with the capitulation of Irish Republican ideology.

We need look no further than the insular reactions at the European Election count in the King’s Hall, Belfast today. Whilst, Sinn Fein’s Bairbre de Brún made electoral history, she was not exactly greeted magnanimously by her fellow co-elected European candidates on her emphatic success. Instead her announcement of re-election to the European parliament was greeted in a derisory and cacophonic manner reminiscent of the pre GFA Northern Ireland era. Whilst Ms de Brún made her mandatory victory speech, the TUV supporters proceeded to turn their backs whilst twirling their football rattles and jeered. This was further aggravated by the DUP’s Diane Dodds refusal to offer Ms. De Brun a congratulatory handshake! However, the most rapturous applause came for TUV leader, Jim Allister, who even managed to rework that old phrase coined by Gerry Adams as a rallying cry:

"We haven't gone away you know."

Northern Ireland’s new dice with Sectarianism?

While this Sinn Fein electoral victory may seem to superficially reinforce Sinn Fein’s electoral dominance among the Roman Catholic community, it does not hide the fact Northern Ireland may be facing its most turbulent political storm since the GFA. The zealous antics of unionist politicians yesterday in the King’ Hall only bolsters the common perception that ALL Northern Ireland elections serve only as a mere sectarian headcount!

The unprecedented TUV turnout speaks volumes for the waves of bigotry currently sweeping through grass roots disillusioned unionism. To further crank up the pressure on the DUP, Allister buoyed by his achievement, vowed to stand in Ian Paisley's old electoral stronghold in the next general election. The TUV leader jubilantly pronounced that unionists were;

"Fed up with the roll over unionism in the era of Sinn Féin rule"

~Jim Allister~

To further exacerbate Northern Ireland’s political climate, David Cameron has already indicated that he wants to replace the current forced coalition of Sinn Fein and DUP with a,

'voluntary coalition' 

(politics of exclusion) - in other words, unionist majority rule. If this was to be the case then we would most definitely be facing a Sunningdale Mark II scenario.

Much work needs to be done by both sides to prevent the front pages of Northern Ireland, UK and World newspaper from being adorned by sectarian imagery this summer!  A recent article by Jim Cusack in the Irish Independent gave a chilling warning of potential hostility this summer. He draws stark comparisons with this callous murder of Kevin McDaid and that of the sectarian murder of Protestant man, Billy King. Mr King was kicked to death by Catholic rioters outside his home in the Fountain area of Derry in 1969. This murder was regarded by many as an incendiary event in the escalation of what we now describe as the ‘The Troubles’.

Northern Ireland’s re-branding of collusion, for the 21st Century?

The rearing of the ugly head of sectarianism in Northern Ireland society has recently manifested itself in the loyalist mob murder of Kevin McDaid in Coleraine. Tensions still run high in the area despite strong intervention by both communities to quell the atmosphere. Ever since the gruesome attack, there have been strenuous claims by Mr McDaids family that the PSNI could have averted it. Since the mindless atrocity there has been persistent speculation of PSNI collusion in the Co. Derry attack. This resurfaced recently regarding alleged loyalist contact via text message between a PSNI officer and loyalists in Coleraine prior to the attack. The Police Ombudsman for Northern Ireland is now proceeding to investigate the allegations.

One thing we can be almost certain of in Northern Ireland society and that is of history repeating itself. The above allegations bear a startling similarity to the tragic events surrounding the murder of Robert Hamill. Mr Hamill was another Catholic victim of Loyalist mob attack in Portadown in 1997. Again strenuous allegations were made by eye-witnesses regarding alleged police ‘voyeurism’ as the attack unfolded. No-one was ever convicted of Hamill’s murder and his family’s lawyer – Rosemary Nelson - was subsequently murdered in a car bombing attack in 1999.

Northern Ireland Ombudsman Nuala O’Loan, former Canadian Supreme Court Justice Peter Cory, Amnesty International and Human Rights Watch found evidence that MI5, British military intelligence and Northern Irish police colluded with Unionist terrorists in the Hamill and Nelson murders.

Where now for the DUP?

The DUP leadership will wake up this morning to a day of confusion, fear and recrimination. The onus is very much on First Minister Peter Robinson to command his party through these uncertain waters. The DUP can look to a variety of reasons for its emphatic and historic fall from grace in Northern Ireland’s European Election 2009.

As a direct result of these European Election results the DUP may now seek to delay the devolution of policing and justice powers from Westminster to the Assembly.

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Rebels Yell For 'Freedom of Speech' [Part 1]

We currently live in a society which is perceived to be awash with claims and praise for operating within a ‘Free’ media spectra, which is deemed as a prerequisite for political Freedom. However, as reported in today’s article of the Sunday Tribune newspaper, their Northern Ireland editor Suzanne Breen, is coming under increasing pressure over this very issue! The above mentioned article explains why Ms. Breen won’t be succumbing to Police Service of Northern Ireland (PSNI) pressure to release documents, pertaining to her contact with members of the Real IRA. This follow’s last Monday’s demand by the PSNI for Suzanne Breen, to hand over vital journalistic documents pertaining to these interviews and have threatened legal action under the powers of the Anti Terrorism Act. On the incident involving the PSNI visit to her home Ms. Breen declared:

‘Detectives wanted my computer, disks, notes, phone, and any material relating to stories I’d written about the Real IRA … I was given three days to comply. If I didn’t, they’d seek a court order under the Terrorism Act. I won’t be complying’

~Suzanne Breen~

Ms Breen is well within her rights as a journalist to protect her sources as stipulated in (Point 7) of the National Union of Journalists' Code of Conduct . Also, according to these Codes Of Conduct, she has sole privilege to her unpublished notes and research. Ms Breen’s position has been fully endorsed by her union, editor and the newspaper
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Freedom of Speech: Under the Spotlight

If our fledgling PSNI, were to pursue their threat of court action to in-force handover of Ms Breen’s documentation, this will not have been the first occurrence of a British police force attempting such action in the name of public safety!

One of the legal matters I am eluding to, is that of the court ruling in favour of Shiv Malik, controversial British journalist, on June 19th 2008. In brief, the Greater Manchester Police sought a court injunction for Malik , to hand over party of his interview notes for his forthcoming book on self-confessed former Islamic extremist, Hassan Butt. At the time of the ruling Mr Malik described the ruling as a ‘victory for common sense’.

Presiding over this case, Lord Justice John Dyson said:

"A balance has to be struck between the protection of confidential material of journalists and the interest of us all in facilitating effective terrorist investigations. It is for the court to strike that balance. It is for the police to satisfy the court that the balance should be struck in favour of making (the necessary) order."

This is currently a hotly debated subject as revealed by a recent poll in the Irish Times which narrowly (57% -vs-43%) favoured in support of maintaining journalistic integrity of their sources.

Suppression of ‘Freedom of Speech’; A World Perspective

Throughout the world there are numerous examples where journalists and reporters have been targeted in their line of duty. It has been recently estimated that an average of two journalists have been murdered every week during the last ten years.

These have included:

• Several BBC reporters have been seriously injured or killed in their line of duty, including, Kate Peyton , who was shot and killed in Mogadishu. Also, their conflict specialist reporter, Alan Johnson , whilst reporting in Gaza, was abducted for 114 days and then released, having conducted three years of independent reporting from that conflict zone.

• The United States, which is classed as having the world’s freest press, has had it’s reputation dented by several well-publicized court cases. U.S. reporters have been sent to jail for refusing to reveal the names of confidential sources. One such example is that of former New York Times reporter Judith Miller spending 85 days in jail for refusing to name sources

• The groundbreaking Russian journalist, Anna Politkovskaya , was shot and killed in the stairway of her Moscow apartment.

Her name, and others, have joined a growing international list of journalists murdered, injured, intimidated and prevented from doing their work in recent years.

‘Freedom of Speech’: Northern Ireland Context

In ALL former conflict zones, from war-torn Yugoslavia to areas of Central and South America, and Africa, it’s understood that independent journalistic institutions are an integral part of building, or rebuilding stable political structures and hence the broader civil society. Through much of The Troubles, Northern Ireland society was perched upon a trembling proverbial tight rope.

As a result, Northern Ireland, is considered the most politicised region in the world, with a deep sectarian and highly fractious history embedded in our culture. This embattled history as led to our peoples being much more politically aware within this British jurisdiction since the cease fire, hence the success and popularity of such websites as Slugger O’Toole.

Suzanne Breen has rose to prominence in Ireland through straight forward and factual investigative journalism on the recent upsurge in dissident Republican activity on this island. She can no way be accused of being an opportunistic, delusional sensationalist, on her reporting of rumblings of discontent within grass root Republicanism and it’s perceived implications on the ‘Peace Process’!  The Sunday Tribune northern editor reaffirmed she would take her sources

“to the grave”

after barrister Tony McGlennan — acting on behalf of the Chief Constable — successfully applied to give evidence in a closed court session.

However, this case is by no mean’s the first to be in the spotlight with regards to Northern Ireland. Ed Maloney, Liam Clarke and Kathryn Johnson have felt the wrath of the State for posing difficult questions on prevalent issues. All three brought cases for police encroachment and were duly vindicated.

One set of people who need no convincing about the positive potential of free and serious journalism are those who are against the building of open and peaceful societies. To them, free media represents a dangerous threat - precisely because of its potential to increase understanding and to stimulate new and fruitful debate!
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Never doubt the significant impact that accurate, impartial, independent journalism can make upon shaping the true perceptions that the outside world have of a country's political regime!

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