The Five Demands

Baggott sorry over HET army probe (UTV)

PSNI Chief Constable Matt Baggott has apologised after a report heavily criticised the Historical Enquiries Team for how it investigated army killings during the Troubles, adding that all military cases will now be re-examined.

According to Her Majesty’s Inspectorate of Constabulary, the UK’s top policing watchdog, the HET has serious shortcomings and risks losing the confidence of victims’ families.

It said the PSNI unit set up to probe more than 3,000 deaths in Northern Ireland should have been more rigorous in how it investigated killings involving British soldiers.

They were treated differently as a matter of policy, apparently based on a misrepresentation of the law, it concluded.

It added: “This is entirely wrong, and has led to State involvement cases being reviewed with less rigour in some areas than non-State cases.”

The report was delivered to families in Belfast on Wednesday afternoon.

Let me say at the outset that I am sorry that HET put in place a policy that was wrong.

Chief Constable Matt Baggott
Mr Baggott called in HMIC last year to conduct a major review focusing on killings involving troops between 1970 and 1973.

The inspection asked whether the HET – set up in September 2005 to investigate unsolved murders during the Troubles – had conformed to current policing standards and policy and if it had adopted a consistent approach to all the cases it dealt with.

A statement said: “Inconsistencies and shortcomings in policies, systems and practices threaten the legitimacy of the HET’s work, and risk undermining the confidence of the families of those who died during ‘the Troubles’ in its effectiveness and impartiality.”

The Chief Constable has apologised over the HET’s practices.

“I accept the recommendations of the HMIC Report in full and I will work with the Board on ensuring their delivery,” Mr Baggott said in a statement.

“All military cases will be re-examined in line with the national murder investigation manual for any evidential opportunities. I will discuss the options for this with the Policing Board.

“HET is unique and so is the task they fulfil. There was no easy or established template to be followed. Notwithstanding this, a differential approach to military cases is wrong. I give you my assurance that this has ended.”

Stephen Otter, who headed the HMIC team, said he was shocked by the failures.

HMIC is concerned that the inconsistencies we found in our review may seriously undermine the capability of the HET’s processes to determine whether the force used in killings during The Troubles was justified in state involvement cases, therefore potentially preventing the identification and punishment of those responsible.

Stephen Otter, HMIC
“It is just not defensible,” Mr Otter continued.

“”I think it is really sad that we have had to be brought in to do this when much of it was pointed out in 2009.”

Justice Minister David Ford welcomed Mr Baggott’s commitment to take on board the 20 recommendations made in the HMIC report.

“The Chief Constable has accepted all the recommendations in full and I welcome his commitment to work closely with the Policing Board to ensure the recommendations are implemented,” he said.

“While raising their obvious concerns, the Board has also set out its commitment to ensuring effective governance arrangements are put in place.”

Stormont politicians have reacted to the findings.

Sinn Féin MLA Gerry Kelly said: “Everything that has been uncovered about the PSNI’s Historical Enquiries Team approach to state killings is an affront to those citizens who lost loved ones during the conflict.

“Above all, our thoughts today should be with those victims who have been re-traumatised in the shameful charade which has been conducted by the HET. The HET has institutionalised the hierarchy of victims of the conflict in our society.”

DUP MLA Jonathan Craig said: “It is in the interests of everyone in NI that the processes for investigating historical cases can stand up to the highest levels of scrutiny.

“The report makes it clear that HET has not always attained the standards expected in this regard. Our task now is to act on the report’s findings and ensure that the recommendations are implemented. In so doing we can create a mechanism which all of the people of Northern Ireland can give their support to.”

This is not solely a justice and policing challenge. It is also for others across government and civic society.

Justice Minister David Ford
SDLP MLA Conall McDevitt said: “In essence, HMIC has concluded that the HET applied a double standards approach to the investigation of state killings and non-state killings, providing those suspected of involvement in state killings with what any reasonable person would see as preferential treatment.”

UUP MLA Tom Elliott stated: “The Ulster Unionist Party has been clear for some time that the mechanisms which are currently in place to deal with the past operate, on the whole, in an imperfect and imbalanced manner with some using it as a means to attempt to rewrite history painting the State and agents of the State as villains.

“That is not something which will be allowed to happen.”

Alliance MLA Stewart Dickson said: “This report has once again reinforced the need to find a comprehensive means of dealing with the legacy of the past. We cannot ignore it because it is too difficult to resolve.”

A statement from the Policing Board said: “The Board welcomes the very thorough inspection completed by HMIC and accepts all of the 20 recommendations that have been made.

“Our job now is to make sure that the recommendations are acted on and we are resolved that the particular issues relating to governance and oversight can and will be fully addressed.”