Boston College Tapes: Anthony McIntyre seeking to cross-examine police

Boston College Tapes: Anthony McIntyre seeking to cross-examine police
By Alan Erwin
Belfast Telegraph
May 26 2017

A former IRA man battling to stop detectives obtaining his interviews for an American university project is to seek to cross-examine police and prosecution representatives.

Counsel for Anthony McIntyre confirmed the move in the High Court on Friday as part of attempts to demonstrate alleged bad faith in the process.

Cross-examination of witnesses rarely occurs in judicial review proceedings.

But McIntyre’s legal team claim police attempts to gain access to the Boston College tape recordings are nothing more than a fishing exercise.

Earlier this week they secured an order for disclosure of correspondence from the Public Prosecution Service (PPS) to authorities in the United States.

The ex-republican prisoner wants to know if a US court dealing with the case received his affidavit denying involvement in alleged terrorist offences under investigation.

He is seeking to judicially review the PPS and Police Service of Northern Ireland for issuing an International Letter of Request (ILOR) over recordings held in Boston.

During a brief hearing today his barrister, Ronan Lavery QC, told Lord Chief Justice Sir Declan Morgan he will now be applying for permission to cross-examine those involved in the ILOR process.

McIntyre, who is from Belfast but now lives in the Irish Republic, was a researcher on the project to compile an oral history of the conflict in Northern Ireland.

Dozens of loyalists and republicans provided testimonies to the college on the understanding their account would only be made public after they died.

But those assurances were dealt a blow when legal challenges resulted in police securing transcripts and tapes of interviews given by former IRA woman Dolours Price and high-profile loyalist Winston “Winkie” Rea.

Rea, 66, from Groomsport, Co Down, has been charged in connection with the murders of two Catholic workmen in Belfast more than 25 years ago.

Now the authorities are seeking access to McIntyre’s recorded recollection of his own IRA activities.
Detectives want the material as part of their investigation into alleged terrorist offences stretching back more than 40 years.

A subpoena seeking copies of his interviews was served on Boston College by the British government.

The move involves an ILOR setting out alleged offences being probed, including a bomb explosion at Rugby Avenue in Belfast in 1976, and membership of a terrorist organisation.

However, the former IRA man’s legal team claimed he was the victim in the bombing, and that he was acquitted of the membership charge that features in the ILOR.

They insist the letter is replete with serious inaccuracies and have pressed for answers on whether his affidavit clarifying the situation was forwarded to American authorities.

Ex-Provo in Boston tapes row can examine PPS files

Ex-Provo in Boston tapes row can examine PPS files
Correspondence on Anthony McIntyre sent by the Public Prosecution Service to the authorities in the US must be disclosed to his lawyers
By Alan Erwin
Belfast Telegraph
May 25 2017

Transatlantic legal correspondence must be disclosed to a former IRA man battling to stop police obtaining his interviews for an American university project, the High Court has ordered.

Senior judges ruled that Anthony McIntyre’s legal team should see material sent from the Public Prosecution Service (PPS) to authorities in the US.

The direction came as the bid to gain access to the Boston College tape recordings was branded a “fishing exercise”.

McIntyre wants to know if a US court dealing with the case received his affidavit denying involvement in alleged terrorist offences under investigation.

He is seeking to judicially review the PPS and PSNI for issuing an International Letter of Request (ILOR) over recordings held in Boston.

McIntyre, who is from Belfast but now lives in the Republic, was one of the main researchers in a major project to compile an oral history of the Troubles. Former paramilitaries provided testimonies on the understanding they would only be made public after they died.

But those assurances were dealt a blow when legal battles resulted in police securing transcripts and tapes of interviews given by former IRA woman Dolours Price and high-profile loyalist Winston ‘Winkie’ Rea. Rea (66) from Groomsport, Co Down, has been charged in connection with the murders of two Catholics.

Now the authorities want access to McIntyre’s recorded recollection of his own IRA activities.

A subpoena seeking copies of his interviews was served on Boston College by the British government.

The move involves an ILOR setting out alleged offences being probed, including a bomb explosion at Rugby Avenue in Belfast in 1976, and membership of a terrorist organisation. However, the former IRA man’s legal team claimed he was the victim in the bombing, and that he was acquitted of the membership charge that features in the ILOR.

They insist the letter is replete with serious inaccuracies and have pressed for answers on whether his affidavit clarifying the situation was forwarded to American authorities.

Barrister Ronan Lavery QC said: “The proposition that he was a perpetrator of this bomb on Rugby Avenue, rather than actually being the victim, is such a serious error – an error isn’t the word for it.”

Lord Chief Justice Sir Declan Morgan directed discovery of some of the material sought to be made by Friday.

Ex-IRA man Anthony McIntyre seeks disclosure of US-UK legal correspondence

Ex-IRA man Anthony McIntyre seeks disclosure of US-UK legal correspondence
By Alan Erwin
Belfast Telegraph
May 8 2017

A former IRA man battling to stop police accessing his interviews for an American university project is to seek disclosure of all transatlantic legal correspondence.

Anthony McIntyre wants to know if a US court dealing with the Boston College tapes case received his affidavit denying involvement in alleged terrorist offences under investigation.

As High Court judges in Belfast directed that McIntyre’s challenge must be heard this month, his lawyers confirmed their related bid to see material sent between British and American representatives.

Gavin Booth of KRW Law said: “We welcome this matter being listed for full hearing and will now proceed to make a discovery application for all materials held and put before the US authorities.”

McIntyre, who is from Belfast but now lives in the Irish Republic, is seeking to judicially review the PSNI and Public Prosecution Service for issuing an International Letter of Request (ILOR) over recordings held at Boston College.

He was one of the main researchers in a major project to compile an oral history of the conflict in Northern Ireland.

Dozens of loyalists and republicans provided testimonies to the college on the understanding their account would only be made public after they died.

But those assurances were dealt a blow when legal battles resulted in police securing transcripts and tapes of interviews given by former IRA woman Dolours Price and high-profile loyalist Winston “Winkie” Rea.

Rea, 66, from Groomsport, Co Down, has been charged in connection with the murders of two Catholic workmen in Belfast more than 25 years ago.

Now the authorities want access to McIntyre’s recorded recollection of his own IRA activities.

Detectives want the material as part of their investigation into alleged terrorist offences stretching back more than 40 years.

A subpoena seeking copies of his interviews was served on Boston College by the British government.

The move involves an ILOR setting out alleged offences being probed, including a bomb explosion at Rugby Avenue in Belfast in 1976, and membership of a terrorist organisation.

However, the former IRA man’s legal team claimed he was the victim in the bombing, and that he was acquitted of the membership charge that features in the ILOR.

They insist the letter is replete with errors and have pressed for answers on whether his affidavit clarifying the situation was forwarded to American authorities.

The Public Prosecution Service has so far responded by stressing the confidentiality of the arrangements between the UK and US.

Cases involving requests for mutual legal assistance are commonly filed under seal in America, the court heard.

All issues are now set to be determined when the case gets underway in just over two weeks time.