Police body slams RUC over Nelson
By Steven McCaffery
THE RUC and Northern Ireland's police complaints watchdog are locked in
a behind-the-scenes row over the handling of the Rosemary Nelson case,
the Irish News has learned.
Fresh revelations surrounding the internal probe into claims that
policemen issued death threats against the murdered solicitor, and
evidence of an official 'split' over the handling of the inquiry, are
contained in a private document written by Paul Donnelly, chairman of
the Independent Commission for Police Complaints (ICPC).
The 15-page document - a copy of which has been obtained by the Irish
News - is understood to have been circulated to key figures including
Secretary of State Mo Mowlam and RUC chief constable Sir Ronnie
Flanagan. Despite the united front officials have maintained in public,
the ICPC chief's private 'commentary' on the handling of the death
threat allegations sheds new light on the controversy and raises fresh
allegations.
It also contains unprecedented criticism of the police complaints system
- pointing to practices that favour RUC officers and which Mr Donnelly
says could be viewed as an "outrageous, systematic undermining of the
investigative process".
Among the details contained in the document are claims that:
The RUC initially refused to investigate allegations that officers made
death threats against Mrs Nelson and only agreed to do so under ICPC
pressure.
Police classed the death threat claim in the relatively minor category
of "incivility" - which Mr Donnelly says could be construed as
"resistance to and trivialisation of a serious matter".
He repeats the allegation that a senior RUC officer probing the death
threat claims told at least one officer under investigation to prepare a
statement in advance of interview.
He cites criticisms of the behaviour of RUC officers being interviewed
on serious charges and asks if their attitudes "are possibly tolerated
by the organisation".
When these matters were raised with the chief constable Mr Donnelly
notes Sir Ronnie "was not of a mind to exercise his discretion to have
the matter formally investigated". The document makes a series of other
criticisms - accompanied by forthright comments - written as part of a
private critique not intended for publication.
It also details practices within the police complaints system, making
sweeping criticisms that have significance far beyond the Rosemary
Nelson case. The complaints commission chairman writes that RUC
officers faced with complaints are provided with "copious material" on
the case being set out against them. This comes in advance of the
officers being questioned. The Irish News has confirmed this is standard
practice. This, he writes, goes far beyond how a member of the public -
or a policeman in England or Wales - would be treated.
Discussing this point and the nature of the Nelson case, Mr Donnelly
adds: "Matching the above, with the nature of the complaints made, the
reluctance of witnesses to attend at police stations and the attitudes
they expect to encounter, the remarkable fact is that any witnesses come
forward in such circumstances.
"However, time after time the difficulties experienced in getting
witnesses to cooperate with complaints investigations is cited as
evidence of their lack of integrity or reliability." Last night Mr
Donnelly was reluctant to comment on what he said was a private
document, though he did say he believed action was being taken to
address some of the issues he had raised.
In a statement the RUC confirmed it had received the document adding it
was to be considered by a working party recently established and
including the RUC, ICPC, NIO and the office of Her Majesty's
Inspectorate of Constabularies.
The criticisms raised in the document reflect earlier concerns expressed
by the ICPC which saw the RUC removed from the internal inquiry sparked
by the death threat allegations. Mr Donnelly's commentary is largely
devoted to dismissing a subsequent police report which suggested the
ICPC had overstated its criticisms of the RUC.