Appendix A — Correspondence with the Northern Ireland Office
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Correspondence between Colm MacGeehin, Solicitor to the Inquiry, and the Northern Ireland Office concerning the public inquiry and the alleged injuries to two soldiers. The full-page images of the original letters appear below; each opens full-size in a new tab. The transcribed text follows.
Transcribed text
Colm MacGeehin to the Hon. Peter Brooke MP, Secretary of State for Northern Ireland, 3 July 1991. Informs the Secretary of State that a Public Inquiry was convened at Cullyhanna on 22–23 June 1991. Encloses the Preamble and Terms of Reference. Notes that an international panel of jurists accepted an invitation by the Caraher family. Requests that HM Forces and the RUC make a dual contribution to the Inquiry. States that copies of the Jurists’ Report will be furnished in due course.
C. D. Kyle, Private Secretary to Lord Belstead, to Colm MacGeehin, 7 August 1991. Replies on behalf of the Paymaster General. States that the incident has been investigated by the police and a report made to the Director of Public Prosecutions. Explains why the British Government does not believe it would be right to participate in the “public enquiry.” Describes the RUC investigation and the independent role of the DPP. Notes the long delay in the holding of inquests pending an appeal to the House of Lords. Affirms that members of the security forces are subject to the law. States that the Government does not regard a public enquiry such as that convened at the request of the Caraher family as better serving the interests of justice.
Colm MacGeehin to C. D. Kyle, 4 September 1991. Notes with surprise the report that two soldiers were also injured. States that he has seen written statements by 19 witnesses, none of which mention the injury of soldiers, and RUC questionnaires that do not raise the question. Reviews the stenographer’s transcript of the public hearing and notes that none of the witnesses gave information to the effect that they saw any soldiers being wounded. Accepts that the report of two soldiers being injured is based on apparent and credible information, and asks for details: the nature and seriousness of the injuries, whether the soldiers were rendered unfit for duty, how the injuries were suffered, whether they were connected to the driving of the car by Mícheál Caraher or any action of Fergal Caraher, and whether there is any forensic evidence connecting the alleged injuries to the driving of the car.
Judith Brown, Private Secretary to Lord Belstead, to Colm MacGeehin, 24 September 1991. Notes with some surprise that MacGeehin appears to have been unaware that two soldiers were also injured. Attaches the text of a statement made by Lord Belstead on 31 December 1990. Explains that the Secretary of State is not involved in details of police investigations or of the DPP’s consideration of cases, and therefore cannot offer any information on the specific questions.
Lord Belstead, Minister responsible for security, statement of 31 December 1990. “I much regret that one young man has been killed and that three other, including two soldiers, have been injured in yesterday afternoon’s incident, near Cullyhanna. The media has already given several conflicting reports of what happened. All the circumstances are now being fully and independently investigated by senior detectives of the RUC; and it would accordingly be wrong for me to make any comment on what happened. The police investigation now taking place will establish the facts in an impartial and objective manner. A full report will be made to the Director of Public Prosecutions. It is most important that anyone who saw what occurred or who has relevant information should contact the RUC at Newry Police Station.”
Colm MacGeehin to Judith Brown, 14 October 1991. Assures that the Report of the Panel of Jurists together with all relevant material evidence will be forwarded to the appropriate authorities. Accepts that the Secretary of State is not involved in the police investigation or the DPP’s decision. Notes that Lord Belstead made the statement that two soldiers were injured and states that he feels sure the Minister would not make such a statement without having some detailed information at his disposal. Repeats the questions raised on 4 September and asks for a detailed reply. States that bald and unsubstantiated allegations only serve to feed public cynicism and distrust of authority and that such secrecy is intolerable in a democratic society.
C. Bailie (Mrs), Lord Belstead’s Private Office, to Colm MacGeehin, 21 October 1991. Acknowledges the letter of 14 October concerning the Cullyhanna incident. States that the matter is receiving attention and a reply will be sent as soon as possible.