The Martin McGartland June 1999 attempted murder - The two handguns, the ammunition used - recovered. The Gaddafi Libya IRA shipments ....

Gwrthodwyd y cais gan Police Service of Northern Ireland.

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

04 June 2019

Dear Police Service of Northern Ireland,

I am requesting information under FOIA and also all other rights of access concerning the 2 handguns (one of which was used in the June 1999 attempted murder of Martin McGartland) and also thirty eight rounds of live ammunition which I understand were sent to the RUC by Northumbria Police in 1999.

I would like the following information under the FOIA;

1. Details of all information know to the PSNI / RUC concerning the both the handgun used in Martin McGartland attempted murder. And also that known about the second handgun.

2. Details of all information know to the PSNI / RUC concerning the ammunition used in the Martin McGartland attempted murder. As well as that known to RUC / PSNI concerning the thirty eight rounds of live ammunition which were recovered with the two handguns. .

3. Copies of all ballistic reports and all information and findings concerning all tests of both the handguns and also the ammunition.

As well as the above I am also requesting all information concerning the following information:

4. All information known to RUC, PSNI concerning either of the two handguns having been being used in all / any other shooting/s including , attempted murder / murder/s in Northern and or Southern Ireland.

5. All information known to RUC, PSNI concerning the 38 rounds of live ammunition, including has the same ammunition (or similar) having been used in past shootings, attempted murder/s and or murder/s in Northern and or Southern Ireland in Ireland.

6. All information known by RUC, PSNI on either of the two handguns being connected to / part of and or from the shipments of weapons that had been sent to the IRA from Gaddafi's Libya.

7. All information known to RUC. PSNI concerning the 38 rounds of live ammunition (including, that used in Martin McGartland attempted murder) including if that ammunition was from, same (and or similar to) to that supplied in shipments of weapons/ammunition supplied to the IRA from Gaddafi's Libya.

The information that I am requesting relates to a shooting which took place 20 years ago. I am not requesting any type of personal information in this request (only details in reply to above request). I trust that the PSNI will be completely open and transparent. And they will not attempt to conceal, cover up information which relates to this (Martin McGartland attempted murder) as they (and the RUC) have done in the past.

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

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

4th June 2019

Dear Mr. McGartland,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 4th June
2019 which was received by the Police Service of Northern Ireland (PSNI)
on 4th June 2019.  I note you seek access to the following information:

Hand Guns used in an Attempted Murder

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,

June
FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

dangos adrannau a ddyfynnir

References

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

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

04 June 2019

Dear June,

Thank you for that. Regards; "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 request could not be any clearer. Furthermore, your office (OPONI) have dealt with me, my cases for over 10 years (Shocking service, no updates, no replies to emails etc - but that is a different matter) and that includes my ongoing case/complaints against RUC/PSNI (unrelated to this request) concerning my 1991 IRA kidnapping etc. That which is being dealt with by your historic unit / department (as well as Op Kennova).

Yours faithfully,

Martin McGartland

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

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...

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

31 July 2019

Dear Police Service of Northern Ireland,

Would you please reply to this request. By law, the PSNI should have replied to this request within the 20 working day time limit.

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

1 Atodiad

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

Subject:        FOI-2019-01338
8th August 2019

Dear Mr. McGartland,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 4th June
2019 which was received by the Police
Service of Northern Ireland on 4th June 2019 concerning:

Hand Guns used in an Attempted Murder

 

Please find attached response to your request.

 

Yours sincerely,

P addy

FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

dangos adrannau a ddyfynnir

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

RUC / PSNI / Special Branch and MI5 are STILL protecting and covering up for PIRA terrorists (as well as police agents and informers) who tried to Murder Martin McGartland (Twice)..... The RUC / PSNI, Special Branch (and MI5) are Corrupt to the core when it concerns the Martin McGartland 08 August 1991 kidnapping by PIRA and his 17 June 1999 PIRA shooting in which those involved (terrorists - also state informers / agents) continue to be protected from arrest and justice.

FREEDOM OF INFORMATION REQUEST

Request Number:
F-2019-01338

Keyword:
Crime

Subject:
Hand Guns Used In An Attempted Murder

Request and Answer:

In relation to request no F-2019-01338 the Police Service of Northern Ireland (PSNI) is providing an
NCND response and will explain this further in the response below.
Request 1
I am requesting information under FOIA and also all other rights of access concerning the 2
handguns (one of which was used in the June 1999 attempted murder of <Name With Held>) and
also thirty eight rounds of live ammunition which I understand were sent to the RUC by Northumbria
Police in 1999. Details of all information know to the PSNI / RUC concerning both the handgun used
in <Name With Held> attempted murder. And also all that known about the second handgun?
Request 2
Details of all information know to the PSNI / RUC concerning the ammunition used in the <Name
With Held> attempted murder. As well as that known to RUC / PSNI concerning the thirty eight
rounds of live ammunition which were recovered with the two handguns?
Request 3
Copies of all ballistic reports and all information and findings concerning all tests of both the
handguns and also the ammunition?
Request 4
All information known to RUC, PSNI concerning either of the two handguns having been being used
in all / any other shooting/s, including , attempted murder / murder/s in Northern and or Southern
Ireland?
Request 5
All information known to RUC, PSNI concerning the 38 rounds of live ammunition, including has the
same ammunition (or similar) having been used in past shootings, attempted murder/s and or
murder/s in Northern and or Southern Ireland?
Request 6
All information known by RUC, PSNI on either of the two handguns being connected to / part of and
or from the shipments of weapons that had been sent to the IRA from Gaddafi's Libya?
Request 7
All information known to RUC, PSNI concerning the 38 rounds of live ammunition (including, that
used in <Name With Held> attempted murder) including if that ammunition was from, same (and or
similar to) to that supplied in shipments of weapons/ammunition supplied to the IRA from Gaddafi's
Libya.
Answer
In accordance with the Act, this letter represents a Refusal Notice for this particular request. The
Police Service of Northern Ireland can neither confirm nor deny that it holds the information you have
requested.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities.
Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the
information specified in the request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.
Where exemptions are relied upon Section 17(1) of FOIA requires that we provide the applicant with
a notice which
a) states that fact,
b) specifies the exemption(s) in question and
c) states (if that would not otherwise be apparent) why the exemption applies.
The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the
information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act
2000 does not apply by virtue of the following exemptions:
Section 30(3) – Investigations and Proceedings Conducted by Public Authorities

Section 40(5) - Personal Information

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they
operate can be located on the Information Commissioners Office website www.ico.org.uk.

‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1) (a)
would in itself disclose sensitive or potentially damaging information that falls under an exemption.
In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny
whether it holds the requested information.

The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do
not hold the information but relates to the consequences of confirming or denying the information
is held. The starting point and main focus in most cases will be theoretical considerations about
the consequences of confirming or denying that a particular type of information is held. The
decision to neither confirm nor deny is separate from a decision not to disclose information and
needs to be taken entirely on its own merits.

PSNI follow the Information Commissioner’s Guidance in relation to ‘NCND’ and you may find it
helpful to refer to this at the following link:

https://ico.org.uk/media/for-
organisations/documents/1166/when_to_refuse_to_confirm_or_deny_section_1_foia.pdf

Section 30 is a qualified class based exemption and there is a requirement to evidence the Harm in
confirming or denying information is held and to conduct a Public Interest Test

Section 40 is a classed based absolute election and there is no requirement to evidence the harm or
consider the public interest.

Overall Harm for NCND
Every effort should be made to release information under FOI. However, to confirm or deny what
information may be held in relation to this request may affect the ability of Police to investigate this
matter.

Section 30 Public Interest Considerations

Factors favouring confirmation or denial for Section 30
By confirming or denying that information relevant to the request exists, would lead to better public
awareness of how the PSNI is fulfilling its role of keeping people safe. Confirmation that information
is held would also potentially provide transparency with regards to the public having a better
understanding of the effectiveness of the Police Service.

Factors against confirmation or denial for Section 30
The information requested relates to an unsolved offence and it is therefore important to protect the
investigation material. Confirmation or denial of the information requested could prejudice the
investigation and any future possibility of bringing a prosecution. There is a strong public interest in
ensuring that any police investigations into unsolved cases are protected.

Balancing Test
After consideration of the factors of the public interest test I believe that they are clearly weighed in
favour of neither confirming nor denying that information exists. The PSNI is charged with enforcing
the law, preventing and detecting crime and protecting the community we serve. To potentially
jeopardise any unsolved investigation would have ongoing consequences to the PSNI and to the
community we serve. I have therefore determined that the PSNIs ability to protect the investigation
process significantly outweighs the public interest in confirming or denying whether the information
requested is held.

However, this should not be taken as conclusive evidence that the information you requested
exists or does not exist.

If you have any queries regarding your request or the decision please do not hesitate to contact me
on 028 9070 0164. When contacting the Corporate Information Branch, please quote the reference
number listed at the beginning of this letter.

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 xxx@xxxx.xxx.xxxxxx.xx.

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.

Please be advised that PSNI replies under Freedom of Information may be released into the public
domain via our website @ www.psni.police.uk

Personal details in respect of your request have, where applicable, been removed to protect
confidentiality.

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

8 August 20198

Dear Paddy,

Thank you for the delayed reply. I am aware that you are not dealing with this request. And that it is being dealt with by your (PSNI / RUC) special branch, or whatever they call themselves, and MI5.

I am requesting a review of this request on the grounds (also see below) that the RUC / PSNI are using FOIA to cover up and conceal information that I have requested. That which would not be exempt. And that they are doing so to cover up their own criminal acts (including a criminal conspiracy) relating to my 1991 PIRA kidnapping and 1999 attempted murder (involving state agents . informers who are being protected by RUC / PSNI, Special Branch and MI5 from arrest and justice)).

I also refer you to the details at foot of this message / email which I also rely on as part of this review.

Yours faithfully,

Martin McGartland

Further info:

RUC / PSNI / Special Branch and MI5 are STILL protecting and covering up for PIRA terrorists (as well as police agents and informers) who tried to Murder Martin McGartland (Twice)..... The RUC / PSNI, Special Branch (and MI5) are Corrupt to the core when it concerns the Martin McGartland 08 August 1991 kidnapping by PIRA and his 17 June 1999 PIRA shooting in which those involved (terrorists - also state informers / agents) continue to be protected from arrest and justice.

FREEDOM OF INFORMATION REQUEST

Request Number:
F-2019-01338

Keyword:
Crime

Subject:
Hand Guns Used In An Attempted Murder

Request and Answer:

In relation to request no F-2019-01338 the Police Service of Northern Ireland (PSNI) is providing an
NCND response and will explain this further in the response below.
Request 1
I am requesting information under FOIA and also all other rights of access concerning the 2
handguns (one of which was used in the June 1999 attempted murder of <Name With Held>) and
also thirty eight rounds of live ammunition which I understand were sent to the RUC by Northumbria
Police in 1999. Details of all information know to the PSNI / RUC concerning both the handgun used
in <Name With Held> attempted murder. And also all that known about the second handgun?
Request 2
Details of all information know to the PSNI / RUC concerning the ammunition used in the <Name
With Held> attempted murder. As well as that known to RUC / PSNI concerning the thirty eight
rounds of live ammunition which were recovered with the two handguns?
Request 3
Copies of all ballistic reports and all information and findings concerning all tests of both the
handguns and also the ammunition?
Request 4
All information known to RUC, PSNI concerning either of the two handguns having been being used
in all / any other shooting/s, including , attempted murder / murder/s in Northern and or Southern
Ireland?
Request 5
All information known to RUC, PSNI concerning the 38 rounds of live ammunition, including has the
same ammunition (or similar) having been used in past shootings, attempted murder/s and or
murder/s in Northern and or Southern Ireland?
Request 6
All information known by RUC, PSNI on either of the two handguns being connected to / part of and
or from the shipments of weapons that had been sent to the IRA from Gaddafi's Libya?
Request 7
All information known to RUC, PSNI concerning the 38 rounds of live ammunition (including, that
used in <Name With Held> attempted murder) including if that ammunition was from, same (and or
similar to) to that supplied in shipments of weapons/ammunition supplied to the IRA from Gaddafi's
Libya.
Answer
In accordance with the Act, this letter represents a Refusal Notice for this particular request. The
Police Service of Northern Ireland can neither confirm nor deny that it holds the information you have
requested.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities.
Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the
information specified in the request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.
Where exemptions are relied upon Section 17(1) of FOIA requires that we provide the applicant with
a notice which
a) states that fact,
b) specifies the exemption(s) in question and
c) states (if that would not otherwise be apparent) why the exemption applies.
The Police Service of Northern Ireland (PSNI) can Neither Confirm Nor Deny that it holds the
information relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act
2000 does not apply by virtue of the following exemptions:
Section 30(3) – Investigations and Proceedings Conducted by Public Authorities

Section 40(5) - Personal Information

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they
operate can be located on the Information Commissioners Office website www.ico.org.uk.

‘Neither Confirm nor Deny’ (NCND)
There may be occasions when complying with the duty to confirm or deny under section 1(1) (a)
would in itself disclose sensitive or potentially damaging information that falls under an exemption.
In these circumstances, the Act allows a public authority to respond by refusing to confirm or deny
whether it holds the requested information.

The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do
not hold the information but relates to the consequences of confirming or denying the information
is held. The starting point and main focus in most cases will be theoretical considerations about
the consequences of confirming or denying that a particular type of information is held. The
decision to neither confirm nor deny is separate from a decision not to disclose information and
needs to be taken entirely on its own merits.

PSNI follow the Information Commissioner’s Guidance in relation to ‘NCND’ and you may find it
helpful to refer to this at the following link:

https://ico.org.uk/media/for-
organisations/documents/1166/when_to_refuse_to_confirm_or_deny_section_1_foia.pdf

Section 30 is a qualified class based exemption and there is a requirement to evidence the Harm in
confirming or denying information is held and to conduct a Public Interest Test

Section 40 is a classed based absolute election and there is no requirement to evidence the harm or
consider the public interest.

Overall Harm for NCND
Every effort should be made to release information under FOI. However, to confirm or deny what
information may be held in relation to this request may affect the ability of Police to investigate this
matter.

Section 30 Public Interest Considerations

Factors favouring confirmation or denial for Section 30
By confirming or denying that information relevant to the request exists, would lead to better public
awareness of how the PSNI is fulfilling its role of keeping people safe. Confirmation that information
is held would also potentially provide transparency with regards to the public having a better
understanding of the effectiveness of the Police Service.

Factors against confirmation or denial for Section 30
The information requested relates to an unsolved offence and it is therefore important to protect the
investigation material. Confirmation or denial of the information requested could prejudice the
investigation and any future possibility of bringing a prosecution. There is a strong public interest in
ensuring that any police investigations into unsolved cases are protected.

Balancing Test
After consideration of the factors of the public interest test I believe that they are clearly weighed in
favour of neither confirming nor denying that information exists. The PSNI is charged with enforcing
the law, preventing and detecting crime and protecting the community we serve. To potentially
jeopardise any unsolved investigation would have ongoing consequences to the PSNI and to the
community we serve. I have therefore determined that the PSNIs ability to protect the investigation
process significantly outweighs the public interest in confirming or denying whether the information
requested is held.

However, this should not be taken as conclusive evidence that the information you requested
exists or does not exist.

If you have any queries regarding your request or the decision please do not hesitate to contact me
on 028 9070 0164. When contacting the Corporate Information Branch, please quote the reference
number listed at the beginning of this letter.

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.

Please be advised that PSNI replies under Freedom of Information may be released into the public
domain via our website @ www.psni.police.uk

Personal details in respect of your request have, where applicable, been removed to protect
confidentiality.

Police Service of Northern Ireland

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

Subject:       FOI-2019-01338
8th August 2019

Dear Mr. Martin McGartland,

FREEDOM of INFORMATION ACT 2000

I acknowledge receipt of your correspondence dated  requesting that Police
Service of Northern Ireland review its response to your request for
information concerning:

Hand Guns used in an Attempted Murder

An internal review will be conducted in accordance with Police Service of
Northern Ireland's review procedure.

In accordance with the Freedom of Information Act 2000 an independent
decision maker will carry out a review of this case and advise you in
writing of the outcome.

If you wish to discuss this matter prior to receiving a response please
contact me on 028 9070 0164.  Please remember to quote the reference
number above in any future communications.

If following an internal review you were to remain dissatisfied in any way
with the handling of the request you may make a complaint 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

P addy

FOI Decision Maker
Corporate Information Branch
PSNI HQ Brooklyn

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Thank you, Paddy

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

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

Martin McGartland (Ataliwyd y cyfrif)

10 October 2019

Dear Police Service of Northern Ireland,

Can I PLEASE have a reply to the review in this case.

Yours faithfully,

Martin McGartland

Police Service of Northern Ireland

1 Atodiad

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

Subject: FOI-2019-01338
10th October 2019

Dear Mr. McGartland,

FREEDOM of INFORMATION ACT 2000

Following your request for us to review our previous response concerning:

Hand Guns used in an Attempted Murder

I’m sorry for the delay, I can advise you that Police Service of Northern
Ireland has now completed its review - please see attachment.

Yours sincerely,

Ms Morris
Corporate Information

dangos adrannau a ddyfynnir