-Caveat Lector-

>From The Irish Times


> Friday, September 17, 1999
>
> Central plank of
> Widgery knocked away
>
>
>
> ------------------------------------------------------------------------
> The forensic evidence in the Widgery inquiry was "worthless", according to new
> independent forensic information. There is also a suspicion that British
> soldiers deliberately used dumdum bullets on Bloody Sunday. Gerry Moriarty
> reports
>
>
> Last year, on the anniversary of Bloody Sunday, the Government published an
> analysis of the Widgery Report in which it stated that one of its key findings
> was "grotesque and unjust and contrary to the "credible evidence" available at
> the time.
>
> Yesterday, new forensic material assembled at the behest of Lord Saville, the
> successor to Lord Widgery, attested to the strength of the Government's
> assertion.
>
> Lord Widgery's suggestion that some of the 14 people killed and the 13 wounded
> in Derry 27 years ago might have handled or been in the vicinity of guns or
> bombs was effectively repudiated by forensic experts appointed by Lord Saville's
> team.
>
> Conclusion 10 of the Widgery Report of 1972 states: "None of the deceased or
> wounded is proved to have been shot whilst handling a firearm or bomb. Some are
> wholly acquitted of complicity in such action; but there is a strong suspicion
> that some others had been firing weapons or handling bombs in the course of the
> afternoon and that yet others had been closely supporting them."
>
> It was this paragraph that allowed elements of the British establishment to
> persist with its claim, expressed directly or through a telling nod and wink,
> that what happened on Bloody Sunday was justified. It was also the paragraph
> that caused most offence to the wounded and the families of the dead.
>
> The element of suspicion against the victims is pervasive throughout the Widgery
> report. In his carefully crafted document, he created an impression of guilt
> while speaking of the absence of proof of guilt.
>
> Lord Widgery chose to believe the evidence of the soldiers responsible for the
> killings. This may be understandable. Before beginning his inquiry he was
> reminded by the then Tory prime minister, Ted Heath, that the British army was
> "in Northern Ireland fighting not only a military war but a propaganda war".
>
> But what was an exercise in damage limitation has for the past 27 years been
> gradually and incrementally discredited. There was a radical acceleration of
> that process yesterday when solicitors for the families released the new
> material given to them by the Saville inquiry.
>
> Crucial to the Widgery Report, effectively exonerating the British army, was
> evidence given by former Northern Ireland Office forensic expert Dr John Martin
> of lead traces on the bodies.
>
> But three British scientists who re-examined Dr Martin's evidence - Dr John
> Lloyd, Dr R.T. Shepherd and Mr Kevin O'Callaghan - judged his findings to be
> suspect. Dr Martin had found that many of the victims were exposed to lead
> particles discharged by firearms.
>
> Dr Lloyd, in his report, found that Dr Martin's evidence was "worthless". Dr
> Martin himself, in a statement to the Saville inquiry, questioned some of his
> own findings of 27 years ago.
>
> Dr Lloyd was critical of the forensic methodology of 1972, and suggested that
> what he and his two scientific colleagues had discovered should have been found
> at the time of the Widgery inquiry.
>
> Dr Lloyd said it was "profoundly disturbing" that a single particle of lead on a
> hand swab should have been considered as significant evidence that a person had
> been handling a firearm or been in the vicinity of a discharging firearm.
>
> The scientists complained that the possibility of cross-contamination was not
> taken into account. For example, some of the victims were taken away in an army
> personnel carrier which was almost certain to contain lead traces that could
> have been transferred to them.
>
> Moreover, the lead traces found on the victims could have come, according to the
> experts, from a multitude of sources such as the victims' workplaces, from
> petrol emissions, lead in plumbing, metal sheeting, paintwork, bottle tops,
> fishing tackle, etc.
>
> Eyewitness accounts of Bloody Sunday spoke of some of the victims being shot
> while they lay on the ground, while pleading for mercy, or while running away.
> They told of James Wray being shot dead almost casually as he lay wounded in the
> Glenfada Park area.
>
> Lord Widgery came to no such conclusion, although he went as far as to say that
> the firing of the soldiers in Glenfada, where four people were killed, "bordered
> on the reckless".
>
> The new forensic evidence points to something worse than reckless. It states
> that it was "most likely" that Mr Wray was shot as he lay on the ground. There
> is also evidence to suggest that some soldiers may have doctored their bullets
> so that they would fragment on impact, causing maximum injury. Lawyers for the
> victims said this was evidence of the soldiers using dumdum bullets, which are
> contrary to the Geneva Convention.
>
> The Government, in January last year, apparently based on its own forensic
> evidence, said Conclusion 10 was "wholly unwarranted, unsustained by the
> evidence then or now and an unjustified calumny against the victims".
>
> It added: "The victims suffered the double injustice of being unlawfully killed
> and having their reputations sullied for the purpose of exculpating the actions
> of those responsible for the deaths."
>
> What emerged yesterday has gone a considerable distance to correcting that
> wrong. What still has to be established is - as at least one member of the
> Parachute Regiment in Derry on Bloody Sunday has alleged - whether the soldiers
> were acting under specific military and/or political orders on January 30th,
> 1972.

~~~~~~~~~~~~~~~~~~~~~~~~~

>From TheBelfastTelegraph
www.belfasttelegraph.co.uk/today/sep16/Opinion/garry.ncml


> Why the Agreement may fail
> <Picture>
> By Philip McGarry
> <Picture>
> As the review of the Agreement commences there is much pessimism about the
> prospects of success. Perhaps Senator George Mitchell can rescue a
> disintegrating political process. But if the Agreement does fail it will be due
> to two related issues. <Picture: test> There is firstly the fundamental flaw at
> the heart of the Agreement in which division is reinforced rather than
> minimised, and secondly the failure of those parties which signed the Agreement
> to deliver on their promises. <Picture: test> The Good Friday Agreement is
> primarily about conflict management rather than conflict resolution. The two
> Governments and the main protagonists in essence saw it as a deal between two
> distinct groups of people. <Picture: test> The whole process is based upon the
> underlying premise that people must place themselves (or if they don't they will
> be placed!) in one of two mutually opposing political identities, either
> Catholic/nationalist or Protestant/unionist. <Picture: test> In Ireland today
> religion, rather than being a matter of private faith, has become an issue of
> political identity. <Picture: test> The structure of the Assembly in which
> voting requires the support of 50% of nationalists and 50% of unionists requires
> politicians first of all to decide if they are "one side or the other".
> <Picture: test> There is no room for "dissenters" in this Agreement!The language
> throughout the Agreement emphasises the concept of "the two communities" and
> "the two traditions". There is a clear lack of recognition for non-sectarian
> Catholics and Protestants who, like Catholics and Protestants throughout the
> rest of the world, share common values and principles. <Picture: test> Our
> society is becoming ever more polarised. Most residential areas are becoming
> more segregated. This summer has witnessed more and more kerbstones painted in
> partisan colours, graffiti on walls and flags on public property. The aim is to
> mark out territory as the exclusive preserve of unionists or nationalists.
> Bodies such as the DOE have done shamefully little to tackle this growing
> problem. <Picture: test> While there has been a major reduction in the level of
> violence since 1994 one doesn't have to go far beneath the surface to recognise
> the increasing divisions (go and feel the tension in Portadown). We are moving
> rapidly towards a society based upon separation rather than sharing. <Picture:
> test> The only way the Agreement can work in the long term is if it is built on
> the solid foundations of an integrated society at peace with itself. <Picture:
> test> Notwithstanding the above criticism the Agreement was based upon an
> apparent willingness to move towards an era of political co-operation. Today we
> find the Agreement under threat, not primarily from the anti Agreement parties,
> but because the parties which signed the Agreement have failed to live up to
> their promises. <Picture: test> The UUP accepted the principle of an Executive
> in which Sinn Fein would be included. There is no specific linkage in the
> Agreement between setting up an Executive and decommissioning. Alliance believes
> that if the Unionists had, had the courage to set up an Executive in the autumn
> of 1998 many of the current difficulties could have been avoided. <Picture:
> test> Sinn Fein committed itself to "non-violence and exclusively peaceful and
> democratic means" and "a complete unequivocal ceasefire". Their failure either
> to prevent or to condemn the five murders carried out by the IRA since the
> Agreement, and the ever spiralling number of beatings, shootings, threats and
> exclusions illustrate Sinn Fein's ambivalent commitment to the Agreement.
> <Picture: test> From the very start of the Talks Process in 1996, which took
> place under the Mitchell principles of democracy and non violence, both
> Governments have largely ignored the systematic violence and intimidation of the
> IRA/UVF/UFF. <Picture: test> This has continued to be the case since Good Friday
> and the paramilitaries, knowing that the Governments will not sanction them for
> their activities, have continued to beat, to shoot and to murder. <Picture:
> test> The recent decision that the abduction and murder of Charles Bennett does
> not constitute a breach of the IRA ceasefire highlights the consequences of
> compromising the basic principles of moral and political integrity. <Picture:
> test> Is it really the position of the Governments that the IRA can shoot
> Catholics but not Protestants, and that the UVF/UDA cn shoot Protestants but not
> Catholics?If the Agreement is to survive it is essential that the two
> Governments jointly reaffirm their commitment to the Mitchell principles of
> non-violence and democracy and stage explicity that intimidation, maiming,
> shooting and killing actually constitute a breach of a ceasefire. <Picture:
> test> All parties to the Agreement must now genuinely commit themselves to
> implement in full the pledges they gave on Good Friday last year. <Picture:
> test> If action is taken in these areas then we can make progress. However we
> must leave ourselves in no doubt whatsoever that if we are to achieve a genuine
> and lasting peace and a healthy integrated society then we need a much more
> radical shift in thinking than we have yet seen. <Picture: test> *Philip McGarry
> is President of the Alliance Party. <Picture: test>
>
> © Copyright Belfast Telegraph Newspapers Ltd.


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