In an historic legal win for the families, the Information Rights Tribunal has ordered the Chief Constable of Police Service Northern Ireland (PSNI) to disclose evidence in Royal Ulster Constabulary (RUC) files regarding the McGurk’s Bar Massacre. This followed a Freedom of Information Act (FOIA) battle that has lasted over four years for the origin of police lies to the Northern Ireland government and the media seeking to blame the victims for the atrocity.
The Tribunal has just published its decision on the National Archives website and PSNI has disclosed information to the families [link].
The undisclosed and redacted information proves that PSNI continues to cover-up the true circumstances of the McGurk’s Bar Massacre of 4th December 1971 which resulted in the mass murder of fifteen civilians, including two children.
The disclosed information proves that PSNI cannot or will not tell the families the source of police lies or a secret agreement between the RUC and the British Army Commander of Belfast at the time, Brigadier Frank Kitson, to blame the victims for the atrocity.
The families have asked successive Chief Constables to disclose the provenance of the police lies or admit the police fabricated them. Each has failed.
Following the judgement of the Tribunal, the secret agreement between Kitson and the RUC remains the first instance of the lie that the McGurk’s Bar Massacre was the result of an Irish Republican Army (IRA) ‘own-goal’ and not an attack by pro-state extremists.
A log in the Commander’s Diary for the British Army’s 39 Brigade proved that Brigade Commander Kitson informed Brigade staff at 1:00 am on December 5th 1971, just over four hours after the bombing:
“RUC have a line that the bomb in the pub was a bomb designed to be used elsewhere, left in the pub to be picked up by the Provisional IRA. Bomb went off and was a mistake. RUC press office have a line on it – NI should deal with them.”
The Tribunal also examined other RUC false information and the protection of Covert Human Intelligence Sources (CHIS) although much of this was discussed in Closed Sessions by the Tribunal and lawyers representing the PSNI and Information Commissioner’s Office (ICO). The families and their legal representatives were excluded from these Closed Sessions.
PSNI did disclose an RUC Special Branch Report to the Chief Constable of the RUC at Headquarters Knock dated 6th December 1971 that stated:
“In connection with the explosion at McGurk’s Bar, the Catholic Ex-Servicemen’s Association and the Provisionals [IRA] are after a fellow named REDACTED for it. He was seen with a suitcase by them.”
Historic investigations in the past could only say that British military intelligence produced the original disinformation, its source was unknown, and that RUC embellished it. This alleged intelligence was undated and uncorroborated.
This is what the Historical Enquiries Team said about the lie when after we pushed them for years for an explanation:
Ciarán MacAirt is a grandson of two of the McGurk’s Bar victims and raised the original request for information in 2020. He said:
“This important legal victory before the Tribunal establishes that PSNI cannot or will not explain the secret agreement between British Army Commander Frank Kitson and the RUC to blame the victims for the McGurk’s Bar Massacre or the following false information disseminated by the British armed forces, including RUC.”
“We have asked successive Chief Constables to prove the police lies or admit that the police fabricated them. Each Chief Constable has failed. We ask Chief Constable Boutcher the same.”
“This important legal victory also proves that PSNI not only withheld significant information from the historic investigations, courts and families, but also continues to withhold critical evidence in the mass murder of our loved ones. PSNI chooses to cover up for a sectarian police force in the past and protect its agents rather than serve innocent civilians.”
“The Tribunal judgement also highlights how police lies and the protection of state agents remain central to the cover-up. Our families see no change between RUC and PSNI as that cover-up continues today.”
Christopher Stanley, Litigation Consultant, KRW LAW LLP said:
“KRW LAW was instructed in this FOIA appeal challenge and Counsel acted pro bono before the Tribunal. We were greatly assisted by Professor Mark McGovern, a renowned expert in Conflict-related research, specifically collusion.”
“At public expense the PSNI spent over four years defending its decision not to disclose the requested material. “The ICO upheld the decision of the PSNI but, in our experience, this is the default position of the statutory body that is expected to be the independent regulator.”
“This act of mass murder – alive in the souls of the relatives of the victims – occurred 53 years ago and yet the PSNI has spent over four years denying access to information.”
“Its justification was first to rely upon Neither Confirm Nor Deny the possession of the information. It then admitted possession but relied upon ‘National Security’ and an active criminal justice investigation concerns. The latter was abandoned when it admitted there would be no criminal justice investigation into the McGurk’s Bar Bombing - an admission assisted in part that the PSNI cannot, for now, no longer investigate Conflict-related crimes and human rights violations because of the provisions of the draconian Legacy Act. PSNI will be compelled to produce material if the inquest into McGurk’s Bar Bombing is permitted to proceed and extant civil actions are allowed to continue. The former was considered by the Tribunal but disclosure was ordered in the public interest.”
“State sponsored processes of truth-recovery and information-retrieval are central to the out-workings of reconciliation in a post-Conflict society. During a period of transition the peace is in process and knowledge and understanding for relatives and victims is core to that process. Freedom of Information is one tool available in that process.”
“Jon Boutcher, in his role as lead in Operation Kenova, understood this and made it an important part of the working-brief of that project in human rights compliant criminal justice investigations into Conflict-related deaths. He is now Chief Constable and we ask him to read this decision and to transfer the Operation Kenova ethos to the PSNI because, until the ‘truth is out’, truth-seeking will not be stemmed and the peace will be trapped in process with all the grief that follows.”
Further Information
For an in-depth analysis of the information and copies of the files, read more here >>
The Tribunal’s Judgement is here >>
Related Article: Chief Constable, Prove Police Lies or Admit Fabrication
