Re: 'Crown' Home office, HMG letter to BBC (Here and Now program), via their solicitors, concerning Martin McGartland case ...

Dear British Broadcasting Corporation,

In 1997 the BBC transmitted a program (concerning the Martin McGartland case). Within the program extracts from both a join Northumbria police 'Crown' (Home office, British Government) letter were included within the program.

I understand that solicitors, acting for the 'Crown' wrote the following letter to the BBC; http://www.scribd.com/doc/195869909/Mi5-...

Under FOI 2000 could you please supply following;

1. All recorded information you hold concerning that correspondence, as well as replies to the solicitors and or any other third parties.

2. All/any other recorded information you hold, press releases by Northumbria Police, 'Crown', Home office and or also other third parties.

Yours faithfully,

Martin McGartland

Dear FOI Enquiries,

Thanks for that. I look forward to hearing from you.

Yours sincerely,

Martin McGartland

Dear FOI Enquiries,

By law you should have replied to this request by 24th March 2014. Please would you now let me have your reply to this request.

Yours sincerely,

Martin McGartland

Dear FOI Enquiries,

I hear what you say. I was not aware of that. This is a new FOI request that is relevant to above and or as a result of same.

Under FOIA 2000 can you please supply me with all recorded information (including internal emails, memos, letters, faxes and written notes, including telephone notes etc) that relate to this request.

As well as above can you please ensure you sully following;

1. Internal recorded information (between BBC staff, others) that relates to this request

2. All/Any other recorded information, correspondence between the BBC and any other third party that they spoke to, wrote to and or contacted concerning this request

Yours sincerely,

Martin McGartland

Martin McGartland

3 June 2014

Dear FOI Enquiries,

You will be well aware that the ICO are very clear on the issue of replying to FOI requests. Such requests must be dealt with within 20 working days unless 'exceptional' cases. This request could not in any way be regarded as 'exceptional'. I am now requesting that you deal with this request within the law, time limits and that you release all non-exempt recorded information to me that is connected to this request.

You say in your reply to me that some of the information may be exempt, however, it is noted that you have not stated that all of it is exempt. Please supply the non-exempt recorded information to me without further delay. Please also deal with the case by return. I want to make it clear that I am NOT agreeing to any extension of time on this request. I will also be making a complaint to the ICO concerning this matter.

Yours sincerely,

Martin McGartland

Dear FOI Enquiries,

Your latest reply still does not explain why the BBC has not dealt with my request within the legal time limit of 20 working days. I would be obliged if you would now, without further delay, deal with the request and also release the non exempt recorded information that I have requested. Would also expect the BBC to supply me with a proper explanation concerning the delay in this matter.

Yours sincerely,

Martin McGartland

Martin McGartland

17 June 2014

COMPLAINT

Dear FOI Enquiries,

A would like to make a complaint about the way in which the BBC have dealt with this request as well as following;

1. Deliberately delaying this request and failing to deal with it within the legal time limit.

2. Failing to supply me with any type of explanation concerning 1 above as well as failing to reply to my above correspondence.

3. Failing to release the no-exempt recorded information that I have requested from you, including that which you confirmed you do hold.

I am now requesting that the BBC carry our a full and proper investigation in to this complaint and I await their findings, reply.

In the meantime I am once again requesting that you release, without further detail, the non- exempt recorded information that I have requested.

Yours sincerely,

Martin McGartland

Martin McGartland

Dear FOI Enquiries,

Thanks for the reply. Within your letter to me you included; "Although the BBC is therefore not obliged to provide this information to you we are doing so in this instance because we understand that you are already aware of the fact that proceedings were issued against the BBC in respect of this programme given that you agreed to be a witness in those proceedings."

You are correct, I was a witness for the BBC in the action taken against them by one of the convicted PIRA terrorists, Paul 'Chico' Hamilton, who kidnapped me (other being Jim McCarthy, CRJ Belfast). Please could you let me know the outcome of that case including;

a, Did Paul 'Chico' Hamilton take the BBC to court?

b, Was Paul 'Chico' Hamilton paid any compensation, damages or any other payments by BBC (including legal costs)?

c, If the matter was not pursued what was the reason for it?

Look forward to hearing from you.

Yours sincerely,

Martin McGartland

Some further detail regards Paul 'Chico' Hamilton and Jim 'Boot' McCarthy (CRJ Belfast);

I know two provos were RUC informers
Former police agent calls for investigation into IRA pair

By Kathy Johnston – 30 March 2008

Former Special Branch agent Martin McGartland believes that two members of the IRA's internal security unit were recruited as police informers after being secretly observed as they abducted him in August 1991.

Jim 'Boot' McCarthy and Paul 'Chico' Hamilton angrily denied being RUC informers last week after the PSNI contacted both men to warn them that they were about to be outed.

McGartland, who was forced to leave Northern Ireland after being unmasked as a police agent, said yesterday: "I believe that McCarthy and Hamilton were recruited as informers.

"I have no problem with that and, in fact, I would congratulate them. But I want to know why they were never prosecuted.

"They were caught on film and I wanted to give evidence against them in court. Indeed, I would give it today."

He added: "I have already lodged a complaint with the PSNI and I am writing to Al Hutchinson, the Police Ombudsman, to ask him to investigate."

Hamilton was nicknamed 'Budgie' after he 'sang' to the RUC when they arrested him in 1977 for the attempted murder of a major in the Gordon Highlanders.

He was later sentenced to 12 years' imprisonment.

McCarthy (51), now the West Belfast co-ordinator for Community Restorative Justice (CRJ), is known as 'Boot' after he 'squeaky booted' - the term given to conforming IRA prisoners who wore prison uniform and refused to join the blanket protest.

McCarthy, who was a prison orderly, received an IRA punishment shooting for taking the side of the authorities when he was released from prison. He received a five-year sentence in 1976 for possession of firearms.

McCarthy was the subject of a BBC Radio 4 programme last week where he was broadcast discussing the details of crime in west Belfast with a PSNI officer.

A photograph of him posing beside a mural of dead hunger striker Bobby Sands appeared on the BBC website.

Like Roy McShane, who was moved from Northern Ireland by the security services after being unmasked as a police informer, McCarthy was once a driver for senior Sinn Fein personnel including Gerry Adams, while 52-year-old Hamilton acted as bodyguard for Adams for eight years.

McGartland's case will be raised at the Northern Ireland Affairs Committee in Westminster on Wednesday by former senior RUC officer Raymond White.

White, who is chairman of the Retired Police Officers Association, was a uniformed commander at the time of McGartland's abduction, but later went on to become head of Special Branch.

White said yesterday: "I will be raising Martin McGartland's case along with that of other police informers at Westminster on Wednesday.

"These are very, very brave individuals and the long-term implications for them are grave.

"Their security must continue to be protected and other services such as counselling and vocational training provided."

McGartland's claims that the abduction was under covert surveillance by the RUC were corroborated by Detective Superintendent Ian Phoenix, who was in charge of the operation and who later died in the Chinook helicopter crash in June 1994.

In Phoenix, Policing the Shadows, a book compiled from his diaries and serialised in Sunday Life, Phoenix confirmed McGartland's account.

After observing McGartland being taken from Connolly House, the IRA team slipped the net at traffic lights.

The Police Service refused to comment on McGartland's complaint yesterday.

A spokesperson for Al Hutchinson said: "We have received a complaint that police provided false information when they advised a member of the public that he was due to be exposed as an informer and may be under threat.

"We are now making further inquiries in relation to that complaint."

Sinn Fein, meanwhile, issued a statement saying that the party "was happy to let Jim know that there was no evidence that he was to be outed as an informer".

Story link: http://www.belfasttelegraph.co.uk/sunday...