Boston College ‘misled’ paramilitaries over tapes confidentiality
28 June 2016
Former paramilitaries were misled into thinking they could reveal their activities to an American university study with complete impunity, a court has heard.
But a librarian from Boston College insisted any impression interview tapes would remain confidential during their lifetime was down to an oversight in a contract they signed.
Dr Robert O’Neill was giving evidence at a preliminary inquiry to decide if veteran Belfast republican Ivor Bell is to stand trial over the killing of Disappeared victim Jean McConville.
Bell, 79, from Ramoan Gardens in the city, denies charges of soliciting to murder connected to an allegation that he encouraged or persuaded others to kill the mother of 10.
Mrs McConville was seized by the IRA from her Divis Flats home in west Belfast in 1972 after being wrongly accused of being an informer.
Following her abduction she was shot dead and then secretly buried.
Her body was discovered on a Co Louth beach in 2003.
The case against Bell centres on an interview he allegedly gave to researchers involved in the Boston College history project with ex-paramilitaries about their roles in the Northern Ireland conflict.
Although it was believed transcripts were not to be published until after the deaths of those who took part, a US court ordered the tapes should be handed over to PSNI detectives investigating Mrs McConville’s killing.
It is alleged that Bell was one of the project interviewees, given the title Z, who spoke about the circumstances surrounding the decision to abduct her.
His legal team claim the case against him should be dismissed.
During a hearing at Belfast Magistrates’ Court to examine the strength of the evidence Dr O’Neill, Burns Librarian at the College, appeared by video link from Boston.
He confirmed a contract between the college and the project director guaranteed confidentiality only to the extent American law allowed.
But the court heard separate “donor agreements” with interviewees gave them the impression nothing would be disclosed without their consent prior to their deaths.
Cross-examining the librarian, Barry Macdonald QC, for Bell, asked: “Do you now see how they were all misled, those people who were interviewed?”
Dr O’Neill replied: “Yes.”
He also accepted counsel’s suggestion they received guarantees that should never have been given, leaving them feeling “free to make all sorts of claims in respect to themselves and other with impunity”.
The librarian agreed it was accurate to say interviewees believed there was no prospect of facing prosecution or having their accounts tested during their lifetimes.
Challenged on why he did nothing to correct the impression, he responded: “It was an oversight on my part and I will accept responsibility for that, that the agreement with the interviewees did not include the restriction ‘to the extent American law allows’.”
During the hearing it also emerged that he received 25 per cent of the royalties from journalist and author Ed Moloney’s book ‘Voices from the Grave’, based on Brendan Hughes’ and David Ervine’s contributions to the oral history project at Boston before their deaths.
Continuing with questioning, Mr Macdonald contended that interviewees were effectively induced into giving accounts of their involvement because they felt there would be no come back.
“Do you see how interviewees might have been led to believe by the terms of this agreement that they could, if they wanted to, settle old scores, or implicate people in things they hadn’t done, or implicate themselves in things they hadn’t done,” the barrister asked.
“In other words, the contracts themselves permitted the state of affairs which led to these interviews being inherently unreliable.”
Although Dr O’Neill accepted there may have been misunderstandings, he stressed that there could never be absolute confidentiality.
He went on: “It was widely believed that these stories were going to go to the grave.
“With the interviewees’ accounts there was an opportunity to record their stories, the entire project was motivated on the basis of recording as much as possible, the stories of participants in the paramilitary movement.”
Pressing him to confirm the donor agreement oversight was completely innocent, Mr Macdonald put it to the librarian that the consequences for those taking part could be “dire”.
He continued: “The question arises whether this was not inadvertent or accidental, but a deliberate omission in order to encourage all those interviewees to speak on the understanding that there would be no implications for them during their lifetimes.
“In other words it was deliberately done to loosen their tongues.”
Dr O’Neill replied: “I can only say it was not deliberate on my side.”
The hearing continues.