MI5 files not deliberately withheld from Stakeknife probe, review concludes
MI5 files were not deliberately withheld from an investigation into the IRA agent known as Stakeknife, a review has found.
The review was carried out following discovery of the material last year, after the investigative stage of Operation Kenova had already been completed.
Kenova, a major investigation into the operations of 'Stakeknife', thought to be the British Army's top agent inside the IRA, published its interim report in 2024 finding that more lives were probably lost than saved by his actions.
Despite the findings, the public prosecutor did not to pursue any cases.
Stakeknife, widely believed to be west Belfast man Freddie Scappaticci, died in 2023 at the age of 77.
Former head of Kenova and current PSNI Chief Constable Jon Boutcher 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'.
The review into the late disclosure of the four separate sets of documents was carried out at MI5's request by a former assistant commissioner of the Metropolitan Police, Helen Ball.
A summary of her findings has been published on the Kenova website.
She 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 Operation Kenova's remit was not recognised.'
Ms Ball added: 'In addition, MI5's approach to the disclosure exercise was, as agreed with Operation Kenova, to respond to requests for information provided to it.
'MI5 did not conduct a broader assessment of its own position in relation to Operation 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 Operation Kenova team.'
She added that MI5 staff had carried out 'further extensive searches and no similar material has been found since'.
Current Kenova head Sir Iain Livingstone 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 (PPS) in Northern Ireland found there was insufficient evidence to pursue any cases.
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Sky News
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South Wales Argus
a day ago
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The coroner added that it was not possible to say if Rhianan's charges would have been discontinued earlier or if it would have a 'more than minimal impact on Rhianan's death' if the NRM referral was made sooner. The coroner also found there was a missed opportunity to refer Rhianan to Nottinghamshire Child and Adolescent Mental Health Services (CAMHS) when she moved to a children's home in the county. Judge Durran said: 'Derbyshire County Council was responsible for this missed opportunity to refer Rhianan to Nottinghamshire CAMHS. As a result, Rhianan was without CAMHS support for a considerable time – effectively from May 2021 to May 2022. 'I find it was a result of individual decisions or missed opportunities to make a referral in an otherwise functioning system.' The coroner said Rhianan did not have mental health support during a 'particularly challenging and difficult period', including her charges being dropped and the sessions with the deradicalisation programme Prevent. But she said it was 'too speculative' to say whether CAMHS support would have made any difference. The coroner found that Ms Carter's previous partner, who had been in prison and had a swastika tattoo, was a 'significant radicalising influence' on Rhianan. The hearing was told that Rhianan's mother made contact with an American, Dax Mallaburn, who had convictions relating to 'violent organised crime', through a write to prisoners scheme. Mr Mallaburn lived with Ms Carter from November 2017 and had 'links to white supremacist groups', the coroner said. Judge Durran said: 'I'm satisfied it's more likely than not that he played a material role in introducing and encouraging Rhianan's interest in extreme, right-wing materials.' Speaking before the conclusion of the inquest, Ms Carter said: '(Mr Mallaburn) did a lot of work in prison to be deradicalised, if you like. And so when he came out and I met him, he never showed any views.' An American neo-Nazi, whom Rhianan spoke to online and allegedly made her send explicit photos, was also a 'significant radicalising influence', the coroner found. The inquest heard that the CPS charged Rhianan without the 'full evidential picture' of her exploitation in April 2021 after she broke her bail conditions by running away from home to Sheffield. The coroner said Rhianan's placement at Bluebell House Residential Home, after she was charged, was a 'positive development' in her life and the staff 'appropriately met' her needs. Judge Durran said: 'I'm satisfied that professionals working with Rhianan were aware of her autism diagnosis. I'm entirely satisfied (staff at the children's home) were able to communicate with and support Rhianan effectively.' The inquest heard that an MI5 investigation was 'the only way to further understand the threat she might pose to national security'. MI5 investigated the girl from October 2020 until her death but had 'no indication' from intelligence gathered that she had intended to end her own life, an MI5 officer told the inquest. Judge Durran said: 'Rhianan was a talented, funny and complex young person who made a lasting impression on those around her and will be deeply missed.'
