FORENSIC
INVESTIGATIONS
This document sets out the Terms of Reference for an independent police review into a series of serious crimes linked to a terrorist group referred to as “The Glenanne Gang” (“the Glenanne Series”).
The Glenanne Series included a significant number of murders and other terrorist offences committed in both Northern Ireland and the Republic of Ireland during the Troubles between circa 1972 and 1978.
The cases within the Glenanne Series are connected by common features, such as individuals, weapons, areas or targets involved. In some of these cases, direct evidence has already demonstrated the collusion of police or security force personnel.
Various parties, including families, have significant concerns about the rigour and professionalism of previous investigations into these cases and have for many years sought a comprehensive, overarching, thematic analysis of the Glenanne Series and the extent of any State collusion. In the Barnard case, the Northern Ireland Court of Appeal held that those families have a legitimate expectation that an independent police team carry out and report upon such an analysis (“the Barnard Judgment” dated 5 July 2019, reference [2019] NICA 38).
The Chief Constable of the Police Service of Northern Ireland (“PSNI”) has asked for the assistance of former Chief Constable Jon Boutcher of Bedfordshire Police to lead and report upon an external and independent review of the above matters pursuant to the Barnard Judgment (“the Glenanne Series Review”).
Former Chief Constable Boutcher has agreed to undertake the role of the Officer in Overall Charge (OIOC) of the Glenanne Series Review and to head its Review Team.
The Barnard Judgment held that clear and unambiguous assurances had created a legitimate expectation of a review meeting the following conditions (paragraph [62]):
As OIOC, former Chief Constable Boutcher has undertaken to ensure each of the above is satisfied.
The OIOC will appoint a Senior Lead and Review Team and the Review will sit within the overall structure of Operation Kenova (www.opkenova.co.uk).
The Review Team:
The Review Team will undertake a comprehensive information collection process seeking information and materials held by PSNI and from families, security forces and agencies and any other body, organisation or individual that may be able to assist. This information collection process will extend to witness accounts, documents, records, intelligence and forensics.
The OIOC will liaise directly with the Commissioner of the An Garda Siochana in order to seek information sharing protocols to ensure the provision of the most complete information available.
The Review Team will then conduct a detailed analysis of the information and materials collected as the basis for an open report satisfying the conditions set out in the Barnard Judgment which will be published by PSNI (“the Report”).
Without prejudice to the above, the Report will set out:
The OIOC will retain full editorial control over and be solely responsible for the content of the Report and PSNI will be responsible for its publication.
Subject to paragraph 8.3 below, the discovery of matters amounting to possible criminal misconduct which may be amenable to further criminal investigation will be brought to the attention of the Chief Constable of PSNI by the OIOC.
The OIOC will be responsible for providing a Communications and Media Strategy and a Family Liaison Policy and for all engagement with families and their representatives.
Bedfordshire Police will provide independent financial oversight and Human Resources and Business Support to the Glenanne Series Review Team.
Any legal advice required by the Glenanne Series Review Team will be commissioned independently under the direction of the OIOC.
The OIOC will engage the Operation Kenova International Independent Steering Group (ISG) to provide the “critical friend” role of ensuring the Glenanne Series Review is conducted in a full and thorough manner (see the above tab for biographies and role of ISG members).
The OIOC will also utilise the Operation Kenova International Victims Focus Group (VFG) to guide and advise the Glenanne Series Review Team regarding the provision of support and information to families (see the above tab for biographies and role of VFG members).
The OIOC will regularly update The Pat Finucane Centre and engage directly with it in order to establish a Memorandum of Understanding regarding the frequency of updates and any legal representatives.
Families will have direct access to the OIOC and/or Review Team who will also meet regularly with their representatives.
The Kenova website will provide general information regarding the Glenanne Series Review, publish its Terms of Reference and provide contact details for the Review Team.
A Memorandum of Understanding will be agreed between the OIOC and the National Police Chiefs Council (NPCC) Lead for Counter Terrorism to secure additional assistance from independent officers, as agreed by the two parties. Any such additional support will be at full cost recovery.
The Glenanne Series Review will comply with the requirements of the ECHR and meet the standards of an Article 2 compliant investigation as fully as possible and its compliance will be reviewed by a suitably qualified independent legal expert commissioned by the OIOC.
The Glenanne Series Review and the processes and structures implemented to deliver the Report will be subject to a NPCC periodic peer review process commissioned by the OIOC.
The Glenanne Series Review will also subject itself to independent financial review commissioned by the OIOC through Bedfordshire Police.
The Chief Constable of PSNI will be updated as to the progress of the Glenanne Series Review but will not seek to direct or control, or in any way interfere with, its conduct or findings.
The PSNI Assistant Chief Constable (Legacy and legal Department) will act as the Single Point of Contact (SPOC) for the Glenanne Series Review.
The Chief Constable of PSNI remains accountable to the Northern Ireland Policing Board for the conduct of the Glenanne Series Review (the NIPB). If requested, the OIOC will attend and brief NIPB accountability meetings as necessary.
PSNI will be responsible for financial support to all elements of the Glenanne Series Review and will provide all logistical and organisational support necessary for the OIOC to discharge his responsibilities.
In consultation with the OIOC, PSNI shall undertake to ring fence the necessary funding required to complete the Glenanne Series Review, notwithstanding its other ongoing commitments.
PSNI will indemnify the OIOC and all members of the Glenanne Series Review Team in respect of any liability incurred by them in respect of any act done in the performance or purported performance of any function within these Terms of Reference.
The Chief Constable of PSNI reserves the right to keep all costs under review and to agree reasonable financial parameters for the conduct of the Glenanne Series Review.
PSNI will provide access to all information and materials requested by the Review Team in accordance with a Memorandum of Understanding to be agreed between the OIOC and the Chief Constable of PSNI.
The discovery of matters [falling outside the remit of the Glenanne Series Review] amounting to possible criminal conduct by any individual will be brought to the attention of the Chief Constable of PSNI by the OIOC.
The Police Ombudsman for Northern Ireland (PONI) is the body with responsibility for investigating complaints against former or serving police officers of PSNI or, formerly, the Royal Ulster Constabulary.
A Memorandum of Understanding between the OIOC and PONI will provide a framework for the working relationship between the two parties and arrangements for the Glenanne Series Review Team to be given access to relevant information and materials held by PONI. There will be regular liaison between the Review Team and PONI.
8.3 The discovery of matters [falling outside the remit of the Glenanne Series Review] amounting to possible criminal conduct or professional misconduct by serving or retired police officers will be brought to the attention of PONI and the Chief Constable of PSNI by the OIOC.
Police officers in the Review Team will be subject to the jurisdiction of PONI by agreement between the Police and Crime Commissioners for their parent police forces and PONI. Police staff in the Review Team will be subject to the jurisdiction of PONI under Section 34 of the Police (Northern Ireland) Act 2003.
The Chief Constable of the PSNI undertakes to maintain support for the Glenanne Series Review irrespective of the outcome of any appeal proceedings relating to the Barnard Judgment.