Ex-IRA man’s case over Boston College tapes given supreme court hearing

Ex-IRA man’s case over Boston College tapes given supreme court hearing
Anthony McIntyre’s confidential interview to oral history project sought by PSNI
21 June 2019
Ellen O’Riordan
Irish Times

Anthony McIntyre is among a number of ex-paramilitaries who gave interviews to Boston College as part of an oral history project, between 2001 and 2006.

A former IRA man has been granted a supreme court hearing in London in a bid to stop police from obtaining confidential recordings about his part in the Troubles.

Anthony McIntyre is among a number of ex-paramilitaries who gave interviews to Boston College as part of an oral history project, between 2001 and 2006.

The hearing, which is expected to take place in October, will seek to overturn a ruling made in favour of the Police Service in Northern Ireland (PSNI) last year. The police are seeking the Boston College material as part of their investigation into alleged terrorist offences, including a bomb explosion at Rugby Avenue in Belfast in 1976 and membership of a proscribed organisation.

For the time being, the tapes remain secured under seal in a Belfast court building.

Mr McIntyre’s solicitor, Gavin Booth of Phoenix Law welcomed the decision to allow the case to be heard.

The battle for Mr McIntyre’s tapes has been ongoing for several years. In February 2015 the PSNI issued an International Letter of Request (ILOR) in an attempt to acquire his recordings.

Mr McIntyre’s legal team argue access to the tapes should not be granted because there are a number of errors contained in the ILOR which sets out the alleged offences. The Divisional Court in Belfast attributed these mistakes to a “distinct and surprising lack of care on the part of the PSNI and the PPS [Public Prosecution Service]”.

Mr McIntyre was one of the main researchers on the Belfast Project, which was directed by the writer and journalist Ed Maloney. The purpose of the project was to collect and preserve stories of members of republican and loyalist paramilitary groups for the sake of academic research.

The participants gave testimony under the understanding that access to the tapes would be restricted until after their death, unless they provided written evidence to say otherwise. Anthony McIntyre maintains that it was never envisaged that his recordings would be accessed by the PSNI for the purposes of criminal investigation or prosecution.

However, assurances were undermined when the PSNI got hold of transcripts of interviews by ex-IRA members Brendan Hughes and Dolours Price, as well as that of loyalist Winston “Winkie” Rea.

Mr McIntyre served an 18-year prison sentence for the murder of an Ulster Volunteer Force member in 1986.

PRESS RELEASE – The Boston College Tapes case to be heard by the UK Supreme Court

PRESS RELEASE – The Boston College Tapes case to be heard by the UK Supreme Court
Phoenix Law
Human Rights Lawyers
21 June 2019

Press Release PDF

Anthony McIntyre has been granted permission by the UK Supreme Court under Lord Kerr, Lord Carnwatch and Lady Arden to have an oral hearing in respect of Jurisdiction into the request by the PSNI to obtain the Boston College tapes from America.

By way of background on 3 September 2014 the PSNI requested that the PPS issue an ILOR in respect of the applicant’s interviews given to Boston College for academic purposes. The PSNI upon learning of the applicant tapes issued an ILOR on 9 February 2015 pursuant to section 7(5) of the Crime (International Cooperation) Act 2003. There were a number of errors in this ILOR which the Divisional Court in Belfast noted were due “to a distinct and surprising lack of care on the part of the PSNI and the PPS”.

The applicant issued Judicial Review proceedings against the PSNI and PPS on 23 May 2016 seeking to prevent the DPP or PSNI from taking any further steps in the utilisation of the interview materials requested from the United States Central Authority. The Supreme Court sitting in London has now confirmed it will hear an appeal regarding the Boston College tapes on the issue surrounding jurisdiction. A hearing is expected for later this year.

Anthony McIntyre, one of the participants of the Boston college tape said today:

“These tapes were made solely for academic purposes. They were never intended to be used for criminal investigations. I welcome the fact that the Supreme Court will now hear this case given the important issues at hand”

Gavin Booth of Phoenix Law, solicitor for Mr. McIntyre said: “We welcome the decision of the UK Supreme Court to allow us to be heard on the issues critical to Mr. McIntyre’s case. The Court is expected to sit in early October 2019. We look forward to this hearing before the Supreme Court.”

Notes for Editors:

In 2001 Anthony McIntyre became involved in an academic oral history project known as the “Belfast Project” with the journalist and author Ed Moloney who was the project Director.

The project was sponsored by Boston College, Massachusetts, USA. The object of the project was to collect and preserve for academic research the recollections of members of republican and loyalist paramilitary organisations. The methodology was to gather first-hand testimony by way of voice recordings from participants.

The project lasted from 2001 until May 2006. It began with interviews of former members of the Provisional IRA and was subsequently expanded to include interviews with former members of the Ulster Volunteer Force. The applicant was a researcher. He interviewed past participants in the conflict recording their personal recollections. His experience as a journalist and a participant gave him access to those people and enabled them to repose a degree of trust in him which they might not otherwise have had.

Each participant gave the content of the recordings into the possession of Boston College for preservation. Access to the tapes was to be restricted until after the interviewee’s death except where they provided prior written authority for their use otherwise. The applicant maintains that it was always understood that the contents of the interviews might be accessible after death, primarily for academic purposes. He says that it was never envisaged that the contents would be accessed by the Police Service of Northern Ireland (“PSNI”) for the purposes of criminal investigation or prosecution.

Upon learning of the attempts by the PSNI and PPS to obtain the clients tapes he initiated Judicial Review proceedings in the Divisional Court in Belfast.

JUDGMENT was handed down on 22 October 2018 In the matter of an application for Judicial Review by Anthony McIntyre [2018] NIQB 79 is available at: https://judiciaryni.uk/sites/judiciary/files/decisions/McIntyre%27s%20%28Anthony%29%20Application.pdf

On 22 May 2019 Mr. McIntyre was granted an appeal to the UK Supreme Court.

END OF PRESS RELEASE

Boston tapes: Ex-IRA man to take case to Supreme Court

Boston tapes: Ex-IRA man to take case to Supreme Court
By Julian O’Neill
BBC News NI Home Affairs Correspondent
BBC News

Former IRA man Anthony McIntyre was a lead researcher on the oral history project

A former IRA member has been granted a Supreme Court hearing in a last attempt to stop police getting secret recordings about his role during the Troubles.

Anthony McIntyre gave the interviews as part of the oral history project known as the Boston tapes.
The hearing, expected in October, will seek to overturn a ruling made in favour of the police last year.

Meantime, the tapes remain in secure storage in a Belfast court building.

Mr McIntyre’s legal team has argued police should not be allowed the recordings due to mistakes in an International Letter of Request (ILOR), which set out a list of alleged offences that detectives are investigating.

“We welcome the decision of the UK Supreme Court to allow us to be heard on the issues critical to Mr McIntyre’s case,” said his solicitor Gavin Booth.

Mr McIntyre became involved with the Boston College project in 2001 as one of the main researchers.
He is among dozens of ex-paramilitaries who gave testimonies about their role during the Troubles on the understanding the accounts would remain confidential while they are alive.

However, the Police Service of Northern Ireland (PSNI) later secured transcripts given by former IRA woman Dolours Price and high-profile loyalist, Winston Rea.

They have been seeking Mr McIntyre’s recordings for several years.

The Belfast man was jailed for murder in 1977.