Recovering the Disappeared in Ireland Via NY Transfer News Collective * All the News that Doesn't Fit source - Eric Hayes Patkowski Belfast Telegraph 28 May 99 1. Peace at last; At a graveyard just south of the border, the IRA finally begins the process of ending the agony and grief for the families of the Disappeared 2. Nine victims the IRA admit to taking and killing 3. MoD supports anonymity for Army witnesses 4. LCJ keeps Nelson spy papers closed Finucane lawyers lose bid to see documents 5. Poll backs Garvaghy residents; Internet youth survey results Peace at last; At a graveyard just south of the border, the IRA finally begins the process of ending the agony and grief for the families of the Disappeared By Darwin Templeton, Martin Breen and Michael Devine GARDAI today dramatically recovered the first body of one of The Disappeared The remains were contained in a sealed coffin which was left above ground in a remote graveyard at Faughart, north of Dundalk, about half-a-mile from the border. The find fuelled speculation that up to nine bodies may be pinpointed by the IRA on both sides of the border today or over the weekend. Irish police were led to the scene by two priests who walked into Dundalk Garda station around 7am. It's understood that the clerics were able to give Gardai the name of the victim. Unconfirmed reports suggested that the remains were those of Eamonn Molloy, an IRA leader who vanished in 1975. =46aughart graveyard was immediately sealed off and Garda officers later carried the coffin to a waiting hearse. A Garda spokesman said: "The remains will be taken to the city morgue in Dublin today to begin the process of identification."Garda sources said the breakthrough took them by surprise. They expected the IRA tip-offs to be relayed through the the Independent Commission for the Location of Victims Remains, but arrangements to establish the body were still being made when the remains were found. The former head of the Northern Ireland Civil Service Sir Ken Bloomfield is to be joined by former Tanaiste John Wilson. Legislation giving limited immunity from prosecution to those who give information about the burial sites is now in force in Northern Ireland with the Republic expected to follow suit. Secretary of State Mo Mowlam said: "I welcome the fact that after all these years of suffering and pain, one of the families has had the body of its loved one back. Our thoughts are with them."Sinn Fein President Gerry Adams hailed the recovery of the first remains as "a welcome development."He said: "The issue is a human rights issue, a justice issue. Sinn Fein have supported the families demands for these bodies to be returned and I welcome this morning's development. "I know that these are very trying and difficult times for the families involved and I hope that the other bodies are recovered quickly and returned to their families."An RUC unit linked to the Serious Crime Squad is on stand-by to handle any searches which may be required. A senior RUC source said: "The situation is fluid at the moment, we are waiting to see if and when we are called upon."In March, the IRA revealed it had located the secret burial sites of nine people they abducted and killed in the 1970s. Their list included Jean McConville, a mother of 10 who was kidnapped and murdered in 1972. Her son-in-law Seamus McKendry, who has campaigned with wife Helen for the return of the bodies, said today their go-between had confirmed all graves have been identified. He said: "It's a day of mixed emotions as we wait on the bodies to be retrieved. "We have been assured all graves are now known, which is great news, but the hard bit is only starting as there are the funerals."Mary McClory, whose son John is among the missing IRA victims, said she had been told by a west Belfast priest, Father Alex Reid, that the body recovered today was not his. At her home in the city's Glen Road area she said: "It's has been an awful strain, absolutely terrible."John, then aged 17 and a friend, Brian McKinney, 23, vanished in June l978. Monsignor Denis Faul, who has campaigned for the Disappeared, welcomed the IRA's move, but hit out at their timing. He said: "I'm happy for the families but you have to remember they will only be grieving properly now so it will be very difficult for them. "This comes at the time of an election and could have been done back in 1994 when we raised the issue of the Disappeared. "It's not something to congratulate the IRA on because for more than 20 years they have denied these people basic human rights."Later, it emerged that those involved in the murder of Eamon Molloy may not be covered by the limited immunity from prosecution granted by both governments. A source close to the commission overseeing the location of victims' remains pointed out that the body was recovered three hours before the formal arrangements for the establishment of the commission were put in place. * Nine victims the IRA admit to taking and killing THE victims named by the IRA are: Jean McConville (39), abducted and killed by the IRA after she gave assistance to an injured British soldier near her Falls Road home in 1972. Seamus Wright, from West Belfast, who disappeared in 1972. Kevin McKee, also from West Belfast, who was last seen in 1975. Columba McVeigh, from Co Tyrone, who disappeared in 1975. Bernard Megraw, from West Belfast, who went missing in 1978. John McClory and Brian McKinney, friends from West Belfast who were abducted and killed on the same day in May 1978. Eamon Molloy who disappeared from Belfast in 1975. Danny McIlhone who was killed and buried in 1975. * MoD supports anonymity for Army witnesses By Desmond McCartan MINISTRY of Defence lawyers are preparing to back the case for 17 former soldiers to be granted anonymity in testimony to the Bloody Sunday inquiry. Defence Secretary George Robertson has instructed Ministry officials to ensure that the department gives evidence at a judicial review of a ruling by the inquiry, led by Lord Saville. His move coincides with a threat by Lieutenant Colonel Derek Wilford, who commanded the Parachute Regiment's 1st Battalion soldiers when the 1972 shootings occurred, to refuse to give evidence. The officer said he was prepared to go to jail for contempt of court unless a decision to refuse the soldiers protection is reversed. It is the latest twist in a growing high-profile campaign, backed by Tory leader William Hague, MPs and peers and retired senior officers, for anonymity to be guaranteed. The Inquiry's ruling denies blanket anonymity for former paratroopers, who fear that disclosure of their identity would make them and their families targets for attack. Government sources confirmed that Mr Robertson had warned Cabinet colleagues of concerns about the safety of the soldiers. According to one minister, it is hoped that Lord Saville and his team will heed the views expressed in Parliament "and ensure that the safety of these men is fully considered". The MoD is funding a team of lawyers representing some of the men. Its own lawyers are expected to support the soldiers' concerns and are likely to argue in the judicial review hearing that the IRA, while on ceasefire, retains its weapons for potential use. Government sources said Mr Robertson was "sympathetic" to claims for anonymity, and is taking very seriously his "duty of care" to them as the head of the department, their former employer. Colonel Wilford told the Daily Mail that he was prepared to make his own protest by refusing to turn up to testify. He told the paper: "While I regard myself as visible, having spoken in the past about the day in question, the men I still regard as my soldiers are not visible, and are not afforded any protection. "I feel very strongly about this. I am also concerned about the good name of the Regiment. "It is not really a tribunal; they are putting us on trial. It is being done as some form of political expediency."The Inquiry panel argues that potential military witnesses have misunderstood the legal ruling on anonymity. A spokesman said it meant there would not be blanket anonymity, but individual witnesses could seek it and their request would be considered. He has insisted the ruling makes "explicit allowance" for military witnesses to apply for anonymity, on the grounds that it is justified by their particular circumstances. Witnesses face being subpoenaed by Lord Saville, who begins public hearings at the Londonderry Guildhall in September, if they are not given anonymity and then refuse to co-operate. Former Northern Ireland Secretary Lord Mayhew today vowed to press the Government to reverse the anonymity ruling. Lord Mayhew, a former Attorney General, said he could not advocate anyone should break the law by refusing to testify to the Inquiry on the terms set by it. But he declared: "I hope that hypothesis won't arise, because I hope the tribunal will see fit to reverse its order or that, by some other means perhaps by Government intervention in Parliament that will be reversed."Lord Mayhew said that the evidence given by the soldiers would be just as public and open whether the soldiers were identified or not. He said that the tribunal would know the identify of each witness. It was "a very strange situation that people were made to come to a dangerous place like the city of Londonderry and give evidence in open court, giving their names...in circumstances in which it is known that their lives are going to be at risk." * LCJ keeps Nelson spy papers closed Finucane lawyers lose bid to see documents By Chris Thornton THE Lord Chief Justice has refused to let lawyers acting for the widow of Pat Finucane see court papers from the case of Army spy Brian Nelson. Sir Robert Carswell has ruled that Geraldine Finucane's solicitors cannot have access to witness statements taken for Nelson's 1992 trial. Mrs Finucane is making a civil claim against Nelson, who worked for the Army and the UDA, and the Ministry of Defence over her husband's 1989 murder. But after "having considered the issues with care" Sir Robert decided it would be against court policy to release the documents. Mrs Finucane's solicitor, Eamann McMenamin of Madden & Finucane, said the decision will be challenged, possibly through a judicial review. "We sought documents under direction of counsel, but that request has been refused by the Lord Chief Justice," he said. "We're considering what options we can take to force him to release the documents."A spokeswoman for the Northern Ireland Court Service said Sir Robert decided not to release the depositions because they had not been tested in court. Nelson pleaded guilty to a number of charges, including conspiracy to murder, so his case did not proceed to a full trial. He was sentenced to ten years in prison, but has since been released and has taken up a new identity. The former Army spy is believed to provide a crucial link between claims of security force collusion and the Finucane case. Metropolitan Police Deputy Commissioner John Stevens, presently reinvestigating the Finucane murder, said Nelson revealed something about the case to him during the second Stevens Inquiry in 1993. Mr Stevens said Nelson's link to the Finucane case had caused him "concern". The Court Service spokeswoman said there is no law to give guidance on the release of Crown Court witness statements. She said "decisions on release rather fall within the inherent jurisdiction of the court". "It is not the court's policy to order release where a defendant has pleaded guilty, because in those circumstances the statements will not have been tested in court. "An exception is made if in any case it is desirable in the interests of justice to permit their release. "The papers were referred to the Lord Chief Justice so that he could consider whether in this particular case there were matters which made it desirable in the interests of justice to depart from the court's policy. Having considered the issues with case, he decided that the policy should apply." * Poll backs Garvaghy residents; Internet youth survey results By Kathryn Torney RESIDENTS on Portadown's Garvaghy Road have the right to block it in protest at the Orange Order's march, according to a recent survey of opinion among young people. The NI Youth Forum conducted a survey over the Internet to find out young people's opinions on the Drumcree issue. Three-quarters of the respondents felt the issue was important to them and 86% felt politicians have not done their best to resolve the situation. A total of 89% of the 300 people surveyed live in Northern Ireland and 11% lived in the Portadown area. In relation to the rights of the Orange Order to march down the Garvaghy Road, 36% were in agreement, 46% against and 18% unsure. A total of 68% of the respondents believed the residents had a right to block the road in protest, with 16% unsure and 16% against. Possible solutions to the situation included banning all marches in Northern Ireland (32%). They felt strongly that the situation can only be resolved by bringing the two sides together to talk. The NI Youth Forum site is http://www.the-hub-ni.com Eric Hayes Patkowski ehp@irsm.org P.O. Box 151805, Austin, Texas 78715-1805 http://irsm.org/ (Pairt=ED Poblachtach S=F3isialach na h-=C9ireann) http://www14.pair.com/jcs/ (James Connolly Society) Co-Editor, Working Stiff Journal ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytire-05.30.99-11:05:05-10896