Conference tallis::celt

1165.0. "Update on Casement accused" by EPIK::HOLOHAN () Thu Jan 07 1993 13:16

                       The Casement Accused
                         by Sandy Carlson

The British government revealed during the eighth trial in November 1992 that
there may be a ninth trial arising out of the Casement Park incident on March
19, 1988.  The Casement Park incident arose after two British Army corporals
drove into a funeral cortege in 1988.  The soldiers were removed from their
car after on of them fired shots.  They were then taken away to Casement Park
where they were shot by the IRA.

The six men on trial in November -- Patrick Pearse Maguire, Patrick Doherty,
Hugh Cullen, Brendan Burns, Padriac Wilson, and Charles Columba McMenamin -
deny a total of 18 charges of assault, abduction, and murder.

The corporals had been killed after a week of highly emotional events: the
British army's SAS had shot dead three unarmed nationalists in Gibraltar on
March 9, 1988; loyalist paramilitary Michael Stone had attacked the funeral of
the Gibraltar Three at Milltown Cemetary, killing three mourners (one of whom
was Caoimhin macBradaigh, into whose funeral the corporals intruded.)

Since then, over 40 men have been sentenced for offenses in relation to the
deaths, often on flimsy evidence.  There is little doubt that not all are
guilty of the killings or even were in the crowd of attackers.  The Casement
Accused Relatives Committee (CARC) say all those who were convicted were
acting in self-defense, in fear of another Michael Stone-type attack.

The CARC claims the sentences are excessive and inconsistent.  For example,
two men charged with murder received sentences of over 25 years recommended; a
third was allowed out on bail and then received a life sentence.

The identification evidence is suspect, says the CARC.  Much of the film
evidence has been treated: color has been either added or removed, or is
hopelessly blurry.  Even then Secretary of State for Northern Ireland, Tom
King, admitted that " it took some time to clarify what was taking place" in
the video filmed from the army helicopter.

Because the British are still arresting for this incident, the matter is "sub
judice" and, therefore, receives very little media coveragye.  The "sub
judice" rules, particular to British criminal trials, are a convenient method
of covering up controversial matters.  As a result, this silent internment of
anybody present at the funeral goes on without the public's notice.

The Casement trials have set dangerous precedents: conviction on the
basis of blurry video evidence, the use of the right to silence to infer
guilt, and the use of witnesses from the media.  The continued arrest of
individuals four years after the incident is in itself and indictment of
British due process.  All of this in conjunction with the now
time-honored court practices in Northern Ireland: the use of juryless
Diplock courts and anonymous testimony of witnesses, and the out of
context consideration of events surrounding an incident results in the
subversion of due process.  All told, this is a handy way to get rid of
unwanted citizens, to intimidate citizens from participating in
community events, and to accelerate the subversion of democracy.

The Right Honorable Sir Patrick Mayhew, QC, MP
Secretary of State for Northern Ireland
Northern Ireland Office
Whitehall
London SW1A 2AL
UNITED KINGDOM


Dear Secretary of State,
  As a member of Amnesty International, I wish to bring to your
attention my concerns regarding the convictions of Patrick Kane, Sean
Kelly, and Michael Timmons and the trials of 38 others charged in
connection with the shooting deaths of British Army Corporals David
Howes and Derek Wood on March 19, 1988.
  It is my understanding that the two corporals, dressed in plain
clothes, were dragged from an unmarked car and beaten after driving into
a funeral procession for a slain nationalist supporter in Belfast,
Northern Ireland.  They were then taken into Casement Park, beaten
further, stripped of most of their clothing, and taken to a deserted
area where they were shot by two members of the Irish Republican Army (IRA).
  Forty-one people have been prosecuted on charges arising from this
incident, although none of them were alleged to be either of the two
gunman.  Twenty-one people have been convicted, including the three men
named above and two others who are serving sentences for the murders.  I
am concerned that the trials of the 41 individuals which have taken
place to date have not been conducted in accordance with international
standards.  All of those detained in connection with the incident were
denied access to legal counsel during interrogation.  The prosecution's
case against many of the accused rested on confession evidence, the
reliability of which was contested in the case of Patrick Kane and
others.  The prosecution also presented a controversial compilation of
video evidence which did not show all of the incident and was of such
poor quality that the trial court and Appeals Court disagreed as to its
reliability as evidence that Sean Kelly was even present in Casement
Park.
   Since it was never alleged that any of the defendants actually shot
either of the soldiers, the five convictions for murder rested solely on
the application of the doctrine of common purpose.  Under this doctrine,
the prosecution would have to have proved that the actual intent of the
accused was to kill or to engage in an illegal activity with the
knowledge that murder was a reasonably foreseeable outcome.  However,
none of the accused were alleged to have been armed or present at the
time the soldiers were shot, nor were any of them charged with being
members of the IRA.
   I urge you to initiate a wide-ranging, independent inquiry into the
events of March 19, 1988, which would also carefully review the cases of
all those convicted in the Casement Park trials in order to ensure that
no one has been wrongly convicted.  I also urge you to refer immediately
to the cases of Patrick Kane, Sean Kelly and Michael Timmons back to an
appropriate judicial authority for further review.

                             Most sincerely,
                               Mark Holohan

cc:
His Excellency Sir Robin Renwick, KCMG
Embassy of the United Kingdom
3100 Massachusetts Avenue N.W.
Washington, D.C. 20008