Report clearing MI5 over IRA spy disclosures branded ‘whitewash'
Last year, MI5 files were accused of being deliberately withheld from an investigation into the IRA agent known as Stakeknife, who at one point was linked to 50 murders.
However, a review conducted by Helen Ball, a former assistant commissioner of the Metropolitan Police, found that no material was deliberately withheld from the investigation, known as Kenova.
Kevin Winters, a solicitor at KRW Law, which represents 21 families linked to Kenova, said the 'risible' review was a 'whitewash'.
'When it comes to state accountability, conflict-bereaved families across the board are conditioned to being let down by the Government and its various agencies.
He added: 'In many ways, they can rightly feel insulted that they are being asked to buy into the notion that filing and indexing issues caused a communication deficit between MI5 and Kenova.'
'Stakeknife', a notorious double agent, is believed to have been Freddie Scappaticci, a former bricklayer who worked secretly for the British Army while he was part of the IRA's Internal Security Unit (ISU), which tortured and killed suspected informants.
Operation Kenova was a seven-year, £40 million investigation into Stakeknife's links to kidnap, torture and murder. An interim report found that during the Troubles 'preventable and serious crimes took place and went unsolved and unpunished as a result of steps taken by the security forces to protect and maintain their agents'.
But a cache of documents was unearthed by MI5 in the months after the report which showed evidence that MI5 had been aware of the agent's existence decades earlier than it had previously claimed.
Jon Boutcher, former head of Kenova and current Police Service of Northern Ireland Chief Constable, said last year it was unacceptable that MI5 had discovered the material so late and that the files appeared to contain 'significant new material which appears to point to new investigative leads not previously known'.
A review into the late disclosure was carried out at MI5's request by Helen Ball, a former assistant commissioner of the Metropolitan Police, which said: 'I have not seen evidence of a deliberate attempt to withhold the material identified in 2024.
'Therefore, I have concluded that none of the material was deliberately withheld from Operation Kenova at either an individual or an organisational level.
'However, MI5's disclosure exercise drew on historic information management practices for Northern Ireland material which were not as strong in the past as those that MI5 had in place for its other material.
'This meant in some cases that material was not properly stored and indexed when it should have been, and in others that it was indexed in a way that meant its relationship to Kenova's remit was not recognised.'
Ms Ball added: 'In addition, MI5's approach to the disclosure exercise was, as agreed with Kenova, to respond to requests for information provided to it.
'MI5 did not conduct a broader assessment of its own position in relation to Kenova's investigative remit and the material it might hold.
'Had it done, some of the material might have been identified earlier... So might it have been if MI5 had maintained stronger relationships with the Kenova team.'
Sir Iain Livingstone, the current Kenova head, said: 'It is, of course, deeply regrettable that material was discovered and disclosed after the investigative phase of Kenova had concluded and after the Director of Public Prosecutions for Northern Ireland had made decisions concerning prosecutions of the Kenova cases.
'The circumstances and relevance of the non-disclosed material will form part of the Kenova final report which is due to be published later this year.'
Some 32 people, including former police, ex-military personnel and people linked with the IRA, were considered for prosecution on a range of charges from murder and abduction to misconduct in public office and perjury as a result of the Kenova investigation.
The Public Prosecution Service in Northern Ireland found there was insufficient evidence to pursue any cases.
The final Kenova report is due to be published this year.
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