Justice must be seen to be done

IT is an understatement to say public confidence in the gardaí has been eroded by the report of retired Canadian Supreme Court judge Peter Cory calling for a public inquiry into allegations of garda collusion in the IRA murders of two senior RUC officers in the 1980s.

The alacrity of the Government’s response in agreeing to establish a tribunal of inquiry into these allegations, is commendable.

Whether it occurs north or south of the Border, collusion between the forces of law and order and criminal elements is a dirty business that strikes at the very heart of democracy.

Evidence compiled by Sir John Stevens, among others, revealed widespread collusion in the North between the security forces and loyalist paramilitaries in the murder of dozens, if not hundreds of Catholics. In the South, to a lesser but equally disturbing extent, suspicions have persisted that some gardaí colluded with IRA terrorists.

Turning the spotlight on such allegations, Judge Cory scrutinised two tragic incidents, the March, 1989, killings of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, and the bombing of Lord Justice Maurice Gibson and his wife in 1987.

The two most senior officers to lose their lives in the Troubles were ambushed by the IRA as they returned to the North after an informal meeting with senior garda officers in Dundalk. It was the precision of the timing of this brutal act of terrorism that pointed to possible collusion. Crucially, the judge found evidence which, if accepted, could be construed as constituting collusion in the form of a garda tip-off.

Significantly, he found no evidence of garda collusion in the IRA bombing of Lord Justice Gibson and his wife, Cecily, at the border as they returned from holidays.

The Government’s prompt decision to publish the Cory report is in marked contrast to Britain’s withholding, purportedly on legal advice, four similar reports on alleged collusion in the North. The sooner these see the light of day the better.

The Cory findings have exposed the discredited system whereby gardaí investigate allegations against their colleagues. In the case of the murdered RUC officers, an internal garda inquiry concluded that members of the force had not colluded in the atrocity.

As it transpires, the point-blank denials of the known suspects were taken at face value, apparently without being put under the microscope. Conceivably, the innocence of the gardaí in question could yet be established by the inquiry initiated by Justice Minister Michael McDowell.

While the terms of reference have yet to be worked out, the move to set up a tribunal of inquiry deserves to be welcomed. In an adroit political move, the minister has called for full co-operation from all parties, including members of Sinn Féin and the IRA.

Admittedly, it is difficult to see how demands for disclosure of British collusion with loyalist murder squads could be balanced with any failure to co-operate fully with the Dundalk inquiry.

In the public interest, there must be no question of any aspect of this inquiry taking place behind closed doors. It would lose credibility if issues are evaded on the pretext that national security might be jeopardised.

Crucially, in prising the lid off this can of worms, the bottom line is that the inquiry must be open, transparent and above board in every respect. If members of the gardaí were involved in collusion to murder, they must be brought to account.

Justice must not only be done, but it must be seen to be done.