Further details of 31 files which are under consideration by the Director of Public Prosecutions NI, have been released to mark the recent fifth anniversary of the announcement of Kenova which is now reviewing more than 200 murders.
Kenova has provided the Director of Public Prosecutions of Northern Ireland (DPP NI) with more than 50,000 pages of evidence relating to a total of 17 murder victims and 12 abductions. More files are due to be submitted by the end of the year.
Spearheaded by former Chief Constable Jon Boutcher the original investigation, announced in June 2016, was set up to examine possible criminal offences relating to, or connected with, the alleged agent referred to as 'Stakeknife'.
Since the commencement of the investigation work in January 2017, the team has also been instructed to investigate a number of other ‘Troubles’ related matters. These include:
• The murder of Jean Smyth-Campbell in June 1972 - under Operation Mizzenmast
• The murder in October 1982, of RUC officers Paul Hamilton, Allan McCloy and Sean Quinn – under Operation Turma
• The review of a significant number of attacks currently comprising more than 120 murders referred to as the Glenanne Gang series – under The Barnard Review
Collectively, this means Kenova – the umbrella term for all investigations and reviews - is now actively examining more than 200 murder cases across a 25-year period of ‘The Troubles’.
Kenova lead, Mr Boutcher said: "At the heart of all Kenova activity is the victims, survivors and families who have been affected by these terrible crimes. Despite the many setbacks, delays and unfulfilled promises of the past experienced by a great many families their strength, determination and dignity in relentlessly pursuing the truth whatever obstacles are placed in their way is truly inspirational. The humility and grace demonstrated by the families in seeking to address the injustice they have faced is a lesson to us all.
"The recent government proposals introduced through a Command Paper are now being debated and I would emphasise the position of the Secretary of State for NI that the Command Paper reflects government proposals not policy."
The closing paragraphs of the government document sets out the next steps as: ‘The Government engaging with the Irish Government and the Northern Ireland parties on these issues and holding meetings on an inclusive basis with victims and survivors and all those most directly affected by the Troubles to ensure their interests and perspectives are central to the discussions.
‘The aim of these talks is to establish a collective way forward on Northern Ireland legacy issues, allowing implementing legislation to be introduced as soon as possible in this parliamentary session. The shared objective of this engagement is to deal with these issues comprehensively and fairly, and in a way that supports information recovery and reconciliation, complies fully with international human rights obligations, and that responds to the needs of victims, survivors and society as a whole.’
Mr Boutcher said: "Almost every day since beginning Kenova I have spoken to a bereaved family or to someone who survived one of the unimaginably devastating attacks of the Troubles. Victims have been left feeling abandoned and failed by the system, that their voices are unheard. It has been incredibly humbling to listen to what they have endured; each account is a tragic and heart-breaking story. Hearing first-hand the remarkable bravery of bereaved families and survivors, of their battle for the truth. These accounts would make anyone realise that we collectively owe these families a huge debt.
"It is these families who sacrificed the most with the signing of the Good Friday Agreement. They must be listened to, they have a right in law to the truth. We must also recognise and support those who survived the countless evil attacks perpetrated during those times, victims who every day live with the consequences of what happened. The families Kenova is working with come from across all the various victims’ groups, we must never forget the many families that come from the security forces and the ultimate sacrifice that so many made to keep society safe.
"Kenova has demonstrated that legacy investigations can be successfully conducted, notwithstanding recent legal decisions in other legacy cases. Those decisions do not impact Kenova. It is also, of course, right to say that in some cases people have passed away who can help us understand what happened and some records no longer exist. However, my experience has been that far more information could be found than I had expected.
"Some people have commented that Kenova has not yet resulted in prosecutions. The number of files presented to the DPP NI demonstrates what can be achieved evidentially. We must be patient and await his decisions. It is important that everyone recognises that prosecutions will be rare. The most recent timescale for prosecution decisions advised by the DPP NI regarding the Kenova files is the spring of 2022.
"I have said previously that legacy should not be judged solely through the prism of the criminal justice system, the number of defendants put before the courts is merely one legacy measure. It is well known to everyone how challenging it is to prosecute cases from so many years ago. Criminal justice is important and without doubt it is what some people want. However, many families want something far more straightforward, without the need for lengthy court hearings and the associated processes. They want the truth."
Files with the DPP
The files submitted to the DPP to date are principally in relation to the original Operation Kenova investigation.
The 31 files also include three in relation to perjury and associated crimes regarding 11 individuals. Decisions have been made on these matters (Kenova statement following DPP announcement).
So far, Kenova detectives have pursued in excess of 12,000 investigative actions raised by the various investigations and have successfully secured more than 2,000 new evidential statements, conducted comprehensive forensic reviews in more than 80 cases and interviewed over 300 people – with more than 40 under criminal caution.
Victim engagement and independent scrutiny
Kenova is actively engaged with victims from across all communities. Through effective engagement with victims, NGOs representing victims and families, solicitors, Police Ombudsman for Northern Ireland, veterans, the various security forces operating during the Troubles, political parties and wider stakeholders Kenova has worked tirelessly to gain and maintain trust, especially of victims and survivors.
The work of the Independent Steering Group, Victim Focus Group and Governance Board has significantly contributed to the comprehensive response of the Kenova caseload. The members of these groups have dedicated countless hours to ensure the investigations, victims and business functions have each been properly provided for in the Kenova investigative structure.
A report by the Victim Support Group will be released on the Kenova website shortly and a final report from Alyson Kilpatrick BL (recently announced as the forthcoming Chief Commissioner of the Northern Ireland Human Rights Commission) providing an analysis of Kenova’s compliance with article 2 of the European Convention of Human Rights (ECHR) will also be published in the coming weeks. Ms Kilpatrick has already provided two Interim Reports of her independent examination of Kenova dated February 2020 and January 2021. You can read her full second Interim Article 2 ECHR report here. You can also view the first Interim report, dated 9 February 2020 here.
The costs of Kenova are considerably less than previous legacy investigative models and the various other legacy inquiries, an independent and extensive review by the National Police Chiefs’ Council (NPCC) found Kenova provided excellent value for money. The NPCC review described how Kenova’s 'outstanding operating practices have undoubtedly contributed to the excellent 'value for money' that Kenova represents when compared with other large-scale investigations and, certainly, to the potential costs associated with a Public Inquiry'.
The NPCC review describes Kenova as providing an affordable template for future legacy investigations and of being national best practice, in its Executive Summary and Conclusions for the Kenova Review and the Executive Summary and Conclusions of the Denton Progress Review.
Kenova plans to publish a protocol which will outline the process by which public facing reports of its findings will be released, including an Interim Kenova report setting out thematic findings. We anticipate publication of the interim report in the next 12 months.
This report will provide high level findings. The contents of the report must not prejudice the ongoing criminal justice process and so the publication of any such Interim Report will follow consultation with the Director of Public Prosecutions NI. The report will be submitted to the Chief Constable of PSNI for publication.