IRA Murder of Eamon Collins - DNA profile

Martin McGartland made this Freedom of Information request to Police Service of Northern Ireland This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Martin McGartland

Dear Police Service of Northern Ireland,

It has been published in the media that;

"A car full of people pulled up beside him and launched a sudden, sustained and savage assault," said the Police Service of Northern Ireland's Det Insp Conor Sweeney.

He was beaten, stabbed repeatedly and "never stood a chance", added the detective.

"It's a fact that elements of Eamon Collins' life have been highly publicised in the media and other public records," said Mr Sweeney.

"However, that past was behind him and he had publicly rejected violence and turned away from those involved in such violence."

The "killers left in their destructive wake a grieving widow and four fatherless children", he added.

'Unexplained wound'
He said that a full DNA profile was recovered from blood at the murder scene and police believe that was left by a member of the gang.

"Forensic analysis of the blood tells us that the person who left it was male and that he himself suffered a severe injury during this frenzied attack.

Link to news story, here; https://www.bbc.com/news/uk-northern-ire...

Under the FOIA I would like to know;

1. When, what date and / or year, did RUC/PSNI first become aware that blood from the murder scene had been "left by a member of the gang"?

2. Regards 1 above, what date and / or year did RUC/PSNI first make it public that they were aware that a member of the "gang" had "himself suffered a severe injury during this frenzied attack"?

3. Regards 1 and 2 above, what was the reason for the delay in making such vital detail regarding an unsolved murder public?

4. When, what date and / or year, did RUC/PSNI first become aware that DNA of one of the "gang" had been left / recovered from murder scene?

5. Regards 4 above, what date and / or year did RUC/PSNI first make it public that they were aware that they had;

a, Recovered DNA from the member of the murder scene?
b, Recovered DNA profile that belonged to on of the "gang"?

6. What date and or year was the DNA first checked on National DNA database by RUC/PSNI (and or any others acting on their behalf)?

7. Does the DNA sample still remain National DNA database. If not, why not?

8. Have RUC/PSNI carried out familial DNA searches (i.e. where criminals whose DNA has never been entered into a DNA database can still be identified through their family members)?

9. Regards 7 and 8 above, Have RUC/PSNI;
a. Had any 'hits' or matches regards 7 above?
b. Had any 'hits' / close matches regards 8 above?

10. How many case reviews, cold case reviews have been carried out by RUC/PSNI in this case since 1999?

11. Regards 10 above, how many independent (of RUC/PSNI) reviews have been carried out by an external police force since 1999?
a. Please also supply dates of said reviews;
b. If no external reviews have been carried out during past 20 years, explain reasons for same.

I look forward to your reply.

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

24th May 2019

Dear Mr. McGartland,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 24th May
2019 which was received by the Police Service of Northern Ireland (PSNI)
on 24th May 2019.  I note you seek access to the following information:

 IRA Murder of Eamon Collins - DNA profile

This request will be dealt with under the terms of the Freedom of
Information Act 2000. A response should be sent to you within 20 working
days however I would like to advise you that PSNI are currently
experiencing a delay in the processing of requests and we aim to respond
to your request as soon as possible.

If your request is unclear and clarification is required the 20 day
legislative time limit dictated by the Freedom of Information Act 2000
will be stopped until we receive clarification of your request. The ICO
guidance at paragraph 40 of the link below sets out that the clock begins
anew the day after the clarification is received. It states

“If the requester subsequently provides enough detail to enable the
authority to identify and locate the information, then the authority must
respond to the clarified request within a new 20 working day time limit
with the ‘clock’ starting the day after it receives the required
clarification. “

The link for this is:

[1]https://ico.org.uk/media/for-organisatio...

In the event where the cost of complying with the request would exceed the
“appropriate level”, which is fixed at £450, as stated in the Freedom of
Information Regulations 2004, it is the policy of the PSNI to close the
request. You will however be notified of this decision and given an
opportunity to refine and resubmit the request.

If your request requires either full or partial transference to another
public authority in order to answer your query, again, you will be
notified.

If you have any queries regarding your request please write or contact the
Freedom of Information Team on 028 9070 0164. Please remember to quote the
reference number listed above in any future communications with the
Freedom of Information Team.

If you are dissatisfied in any way with the handling of your request, you
have the right to request a review. You should do this as soon as
possible, or in any case within two months of the date of issue of this
letter. In the event that you require a review to be undertaken, you can
do so by writing to the Head of Freedom of Information, PSNI Headquarters,
65 Knock Road, Belfast, BT5 6LE or by emailing [email address]. 

If following an internal review, carried out by an independent decision
maker, you were to remain dissatisfied in any way with the handling of the
request you may make a complaint, under Section 50 of the Freedom of
Information Act, to the Information Commissioner’s Office and ask that
they investigate whether the PSNI has complied with the terms of the
Freedom of Information Act.  You can write to the Information Commissioner
at Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information
Commissioner will not investigate a complaint unless an internal review
procedure has been carried out, however the Commissioner has the option to
investigate the matter at his discretion.

Yours sincerely,

FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

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References

Visible links
1. https://ico.org.uk/media/for-organisatio...

Martin McGartland

Martin McGartland

24 June 2019

Dear Police Service of Northern Ireland,

Under the FOIA, and in law, this request should have been answered by no later than today (24 June 2019).

Please would you now let me have your reply to this request.

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

Dear Mr Gartland

Thank you for your request, which we have received on 25th May 2019

The PSNI Corporate Information Branch are currently experiencing a high volume of requests which are causing a delay in issuing responses.
We can assure you that we are endeavouring to expedite your request as quickly as possible; however, we cannot offer a specific time-scale.
Please accept our apologies for the delay. We appreciate your patience.

P addy

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Martin McGartland

Martin McGartland

25 June 2019

Good afternoon Paddy,

The FOIA does not allow for delays by public authorities because of, as it is being claimed in this case; "experiencing a high volume of requests".

The PSNI is now in breach of the FOIA.

Please reply to my request (as required in law) and without further delay. If not, I am reserving the right (and without further notice) to make a complaint. I do hope that this will not be necessary.

I look forward to your reply.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Police Service of Northern Ireland,

Would you please reply to this request.

Yours faithfully,

Martin McGartland

Martin McGartland

Martin McGartland

17 July 2019

Dear Police Service of Northern Ireland,

Would you let me have a reply to the FOI request,

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

Dear Mr McGartland,

Thank you for your email.

As per previous correspondence in relation to this request it has been explained we are currently experiencing a high volume of requests which are causing a delay in issuing responses. Please accept my apologies for the delay and I appreciate your patience. I can advise you it has been passed to a Decision Maker within our branch who will process it as quickly as possible.

Again thank you for your patience.

Yours sincerely,

Sean
FOI & Data Protection
Corporate Information Branch
Police Service of Northern Ireland
Phone: 02890 561616

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Martin McGartland

Martin McGartland

17 July 2019

Dear Sean,

Thank you for the reply. You have said; 'I can advise you it has been passed to a Decision Maker within our branch who will process it as quickly as possible'.

Would you please reply and let me know;

- The name of the 'Decision Maker'?
- Which 'branch'?
- Date it was 'passed' to the decision maker?

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

Dear Mr. McGartland,

I have been allocated your case.
All Freedom of Information cases are dealt with by the Freedom of Information Section.
I received your case today and will deal with it as quickly as possible.

Yours sincerely,

Gilbert

FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

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Martin McGartland

Martin McGartland

18 July 2019

Dear Gilbert ,

You have said you received my case today, however, you will be aware I made this request on 24 May (almost 2 months ago). Please will you, RUC/PSNI let me have reply - without further delay - as required in law, under FOIA.

Yours faithfully,

Martin McGartland

Martin McGartland

Martin McGartland

31 July 2019

Dear Police Service of Northern Ireland,

Please reply to this request without any further delay.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

RUC / PSNI / MI5, Special Branch and State abandoning former undercover agents:

These are just three (of the many cases) in which former State (Mi5, RUC / PSNI / Special Branch and Army) agents who gave their all in the fight against terror only to have been abandoned by those they so loyally served, MI5, RUC, PSNI, Special Branch, Army and State:

Case 1: Former agent Raymond Gilmour:
The RUC (special branch) and Mi5 - State - Do indeed forget about their former agents as soon as that agent has out lived his / her usefulness.

Case 1: Former agent Raymond Gilmour [who gave his all in the fight against terror] was abandoned by RUC /PSNI / Special Branch / Mi5 and State. Sadly Raymond has since died. See further informers here, below link; https://www.youtube.com/watch?v=F89TyMAj...

Case 2: Former agent Martin McGartland:
Former undercover agent Martin McGartland abandoned by Mi5 / RUC / PSNI / Special Branch and State.....

The RUC (special branch) and Mi5 - State - Do indeed forget about their former agents as soon as that agent has out lived his / her usefulness.

Martin McGartland has faced [Failed] attempts by MI5, Police and Special Branch to to stich him up as well as false arrests, malicious prosecutions and much more. Martin has been left permanently disabled as a result of his 1999 shooting by IRA (as a direct result of MI5, Police and state Vendetta and negligence and withdrawal of medical treatment ) .... See further informers here, below link; https://youtu.be/i3O0CQPSKf0

Case 3 - former undercover Kevin Fulton abandoned by Mi5 / RUC / PSNI / Special Branch and State. The RUC (special branch) and Mi5 - State - Do indeed forget about their former agents as soon as that agent has out lived his / her usefulness. More information here: https://www.youtube.com/watch?v=Ep2x7mDQ...

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

Dear Mr McGartland,

 

As per pervious emails, I can advise you that  your request is being dealt
with.

 

I am awaiting information from the Record Holder.

 

The PSNI Corporate Information Branch are currently experiencing a high
volume of requests which are causing a delay in issuing responses.
We can assure you that we are endeavouring to expedite your request as
quickly as possible; however, we cannot offer a specific time-scale.
Please accept our apologies for the delay. We appreciate your patience.

 

Yours sincerely

 

Gilbert

FOI Decision Maker
Corporate Information
PSNI HQ Brooklyn

 

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Police Service of Northern Ireland

1 Attachment

This e-mail has been marked OFFICIAL [PUBLIC];

Subject:        FOI-2019-01247
15th August 2019

Dear Mr. Martin McGartland,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 24th May
2019 which was received by the Police
Service of Northern Ireland on 24th May 2019 concerning:

 IRA Murder of Eamon Collins - DNA profile

 

Please find attached response to your request.

 

Yours sincerely,

Gilbert

FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

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Martin McGartland

Martin nMcGartland

21 August 2019

Dear Gilbert,

In your, PSNI reply you included following; "Request 10 How many case reviews, cold case reviews have been carried out by RUC/PSNI in this case since 1999?"

Answer "There has been one focused review in 2009 following the original investigation. This case currently
sits within the case load of Legacy Investigation Branch".

Under FOIA 2000 I am requesting your / PSNI's help and assistance. Please explain what a 'focused review' is?

Also, please supply details / information on focused review' - as well as what such a review entails, i.e.
(a) When is a 'focused review' undertaken or carried out?
(b) What is the difference between a 'focused review' and a cold case review?
(c) Is a 'focused review' the same as a cold case review?

I would also like to know;

(d) Has the PSNI, RUC -since 1999 - ever undertaken / carried out a proper cold case review (as required to in unsolved murder cases)? If so, please supply date.

Yours faithfully,

Martin McGartland

Martin McGartland

Hi Gilbert, Fyi - the below is NOT, at this stage, a request for an internal review of this request. But is a request for further details from you / PSNI under help and assistance ( FOIA 2000).
Kind regards,
Martin

Re Copied below fyi;

Dear Gilbert,

In your, PSNI reply you included following; "Request 10 How many case reviews, cold case reviews have been carried out by RUC/PSNI in this case since 1999?"

Answer "There has been one focused review in 2009 following the original investigation. This case currently
sits within the case load of Legacy Investigation Branch".

Under FOIA 2000 I am requesting your / PSNI's help and assistance. Please explain what a 'focused review' is?

Also, please supply details / information on focused review' - as well as what such a review entails, i.e.
(a) When is a 'focused review' undertaken or carried out?
(b) What is the difference between a 'focused review' and a cold case review?
(c) Is a 'focused review' the same as a cold case review?

I would also like to know;

(d) Has the PSNI, RUC -since 1999 - ever undertaken / carried out a proper cold case review (as required to in unsolved murder cases)? If so, please supply date.
Etc.....

PLEASE refer to my earlier message / email in full.

Kind regards,
Martin

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

22nd August 2019

Dear Mr. McGartland,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 21st August
2019 which was received by the Police Service of Northern Ireland (PSNI)
on 21st August 2019.  I note you seek access to the following information:

Cold Case Reviews Undertaken Since 1999

This request will be dealt with under the terms of the Freedom of
Information Act 2000. A response should be sent to you within 20 working
days however I would like to advise you that PSNI are currently
experiencing a delay in the processing of requests and we aim to respond
to your request as soon as possible.

If your request is unclear and clarification is required the 20 day
legislative time limit dictated by the Freedom of Information Act 2000
will be stopped until we receive clarification of your request. The ICO
guidance at paragraph 40 of the link below sets out that the clock begins
anew the day after the clarification is received. It states

“If the requester subsequently provides enough detail to enable the
authority to identify and locate the information, then the authority must
respond to the clarified request within a new 20 working day time limit
with the ‘clock’ starting the day after it receives the required
clarification. “

The link for this is:

[1]https://ico.org.uk/media/for-organisatio...

In the event where the cost of complying with the request would exceed the
“appropriate level”, which is fixed at £450, as stated in the Freedom of
Information Regulations 2004, it is the policy of the PSNI to close the
request. You will however be notified of this decision and given an
opportunity to refine and resubmit the request.

If your request requires either full or partial transference to another
public authority in order to answer your query, again, you will be
notified.

If you have any queries regarding your request please write or contact the
Corporate Information Branch on 028 9070 0164. Please remember to quote
the reference number listed above in any future communications with the
Corporate Information Branch.

If you are dissatisfied in any way with the handling of your request, you
have the right to request a review. You should do this as soon as
possible, or in any case within two months of the date of issue of this
letter. In the event that you require a review to be undertaken, you can
do so by writing to the Head of Corporate Information Branch, PSNI
Headquarters, 65 Knock Road, Belfast, BT5 6LE or by emailing
[email address]. 

If following an internal review, carried out by an independent decision
maker, you were to remain dissatisfied in any way with the handling of the
request you may make a complaint, under Section 50 of the Freedom of
Information Act, to the Information Commissioner’s Office and ask that
they investigate whether the PSNI has complied with the terms of the
Freedom of Information Act.  You can write to the Information Commissioner
at Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information
Commissioner will not investigate a complaint unless an internal review
procedure has been carried out, however the Commissioner has the option to
investigate the matter at his discretion.

Yours sincerely,

Gillian

FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

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References

Visible links
1. https://ico.org.uk/media/for-organisatio...

Martin McGartland

Martin McGartland

22 August 2019

Dear Gillian,

Please be aware that this is NOT a new FOI request and it should (must) not be dealt with as such. This relates to an OPEN and a ONGOING request which has already be subject of a very LONG delay.

I refer you, PSNI to all of the previous emails / messages regarding this request. I have simply requested your / PSNI's help and assistance with this out standing matter. Would you, PSNI please ensure that this request is dealt with correctly. And that it is not dealt with as a new request. It is not a new request (as the correspondence shows).

Yours sincerely,

Martin McGartland

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

Dear Mr McGartland,

Thank you for your email below, I have reconsidered your request for further information and agree it should be treated as part of your original request (F-2019-01247). Although this request was closed, we will reopen it and try to obtain the additional information.

Regards,

Sean
Corporate Information Branch
Police Service of Northern Ireland
Phone: 02890 561616

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Martin McGartland (Account suspended) left an annotation ()

Corrupt MI5, PSNI/RUC, Northumbria Police and Special Branch protecting and covering up for state agent/s / informer/s - suspect/s - in the Martin McGartland IRA attempted murder.

Rather than arresting them, the above, recruited them as agents / informers....

FULL TEXT: Sunday World story published 1st September 2019
EXCLUSIVE BY PATRICIA DEVLIN

THE attempted murder of a state agent has been linked to at least four shootings including a failed murder bid on terror boss Johnny Adair. Cops reviewing the original police investigation into the 1999 shooting of Martin McGartland, who infiltrated the IRA, made the surprising link in a set of bombshell claims today revealed by the Sunday World.

Those include how police have failed to arrest or question a suspect, believed to be living in the Republic, at least 10 years after he was first linked to the case. In a set of explosive claims straight from the mouths of officers tasked with reviewing the British agent’s shooting, it can also be revealed how:

- Bullets used in the IRA hit came from the same batch used to assassinate drugs kingpin ‘Speedy’ Fegan

- A van used by the suspected Provo gunman has been destroyed by police

- Three separate DNA samples belonging to the same individual was recovered from the shooting scene.

The revelations were made by officers tasked by Operation Kenova chief Jon Boutcher to review the original police probe into the attack. Today McGartland, who is still in hiding and living under death threat, says he now believes the security services are protecting at least one of the IRA men sent to execute him. “There is a suspect at the centre of this who, I have now been officially told by police, has not been arrested or questioned, ever,” he said

MYSTERY

“I believe that this person, this mystery man, who I believe is living in Dublin, is a top informer or an agent before my shooting, and is being protected.” He said it was possible this suspect could have been recruited as a result of the shooting. “They – the security services, Special Branch or the police – did a covert DNA test, matched it to him and threatened him with jail and gave him a way out. “And I believe Jon Boutcher has all the an- swers to this.” Mr Boutcher (below) agreed to take on the informer’s case on top of heading up specialist probe Operation Kenova into former IRA security chief Freddie Scappaticci. The Bedfordshire police chief’s team began its review into the British agent’s attempted murder two years ago. In 2018 a draft report outlining what his investigators uncovered was sent to Tyneside police chiefs.

That document also set out a series of recom- mendations, including how a suspect identified at least 10 years ago should be immediately DNA tested. But that has yet to happen and 10 months on the report has yet to be publicly released. McGartland said he is now being met with a wall of silence when he asks if it ever will. He has now decided to release recordings of his meetings with review cops who revealed to him shocking flaws and errors surrounding the original police probe. They also released previously unknown information that they claimed links the hit on McGartland to other IRA murders, attempted killings and punishment shootings. One of those is the May 1999 murder of Co. Down drugs kingpin Brendan ‘Speedy’ Fegan. The dealer (24) was blasted to death as he sat in a pub in Newry.

BLASTED

In strikingly similar circumstances, he was set upon by two gunmen in disguises before being blasted multiple times. The killing was blamed on the Provo-linked vigilante group Direct Action Against Drugs (DAAD). In a recording made in October last year, Mr Boutcher’s officers can be heard telling McGartland that a RUC ballistics report states bullets used in Fegan’s murder came from the “same batch” used on him. “The information is that the ammunition used is the same type used in the Speedy Fegan murder and that comes from the ballistics (report) in Ireland,” said the officer. The policeman goes on to name four other men – including UDA
terror boss Johnny Adair – whose shootings they said could be linked to McGartland’s case. Those named were Brendan ‘Bap’ Campbell (30), Paul ‘Bull’ Downey (37) and Patrick Farrell (49) – all drug dealers gunned down within two years of each other. A botched republican hit job on Adair, who was blasted in the back of the head at a UB4O concert in May 1999, was also linked. McGartland said he was “dubious” as some of the killings did not involve republicans, including that of Farrell, shot dead by his girlfriend in a murder-suicide in Louth.

In another recording taken on the same date, the officers inform McGartland that a van used by the IRA gunman has been destroyed. One officer tells him: “At the end of the day, I don’t agree with it, but they’ve (Northumbria Police) done it and they’ve made some rationale for why they’ve done it. “We are astounded ourselves.” The officers go on to speak about a key piece of DNA evidence secured from the scene. “There is a person who needs eliminating and they need to get that individual’s DNA. We can’t go into it any more because it’s quite sensitive and a little bit messy.” When asked, the officer refused to “confirm or deny” if the man was being protected.

However, he added that he did not accept Nothumbria Police’s reason for not securing the sample. “We aren’t hiding anything from you, but at the moment we can’t give you the full details. “We have lots of meat on the bone about what you’ve been talking about. “We’re digging to get a bit more meat on the bone and I know it will be a good read when you get our review document.” A year on McGartland is still waiting and repeated requests have been ignored. “As far as I am concerned everything smacks of complete collusion, a cover-up and a conspiracy. “Even though a report and recommendation was given to Northumbria Police 10 months ago, they still have not eliminated that person through DNA. “I believe this mystery person is a top, top informer who could still be active.

EVIDENCE

“I believe wholeheartedly that the reason why that van was destroyed was because it was an Aladdin’s cave of forensic evidence and the person who was sitting in it is an agent.” Last night a spokesperson for Northumbria police said: “A review into the case was carried out by an external force and was presented to Northumbria Police late in 2018. We have acknowledged the recommendations of that review. “We can

confirm this case has remained open since the shooting in 1999 and that we are investing a significant and dedicated resource into progressing the investigation.”

They added: “The report was not for public release as it contains sensitive information regarding the ongoing investigation, however, it has been released to interested parties and redacted where necessary.” McGartland was recruited as a Special Branch agent when he was 16. He worked for them for four years until his cover was blown in 1991. He jumped from the window of a flat in west Belfast where he was being held by the Provisionals’ internal security unit. In 1999, he was ambushed by IRA gunmen outside his Tyneside home. He was shot six times in the hand, chest and stomach. His life was saved by neighbours who used cling film to stop the blood flow from his wounds.

The attack left him with life-changing physical and psychological disabilities. His identity had been publicly revealed after he was caught speeding by Northumbria Police and prosecuted for holding driving licences in his two names. In 2017 he lodged a complaint with the Northern Ireland Police Ombudsman claiming that the RUC, PSNI and English police had failed to warn him of threats to his life, including one just before his 1999 shooting.

devlin@sundayworld.com

Police Service of Northern Ireland

1 Attachment

This e-mail has been marked OFFICIAL [PUBLIC];

Subject:        FOI-2019-01247
15th August 2019

Dear Mr. Martin McGartland,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 24th May
2019 which was received by the Police
Service of Northern Ireland on 24th May 2019 concerning:

 IRA Murder of Eamon Collins - DNA profile

 

Please find attached response to your request.

 

Yours sincerely,

Gilbert

FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

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