1) Death threats
Given the history of hostility towards Rosemary Nelson from members of the RUC there is an obvious conflict of interest when members of the same force are involved in the actual investigation of her murder. That hostility manifested itself in well documented death threats passed on to the Lurgan solicitor via her clients. These threats emanated primarily from RUC officers working out of Gough Barracks and Castlereagh interrogation centres and from Lurgan based RUC. Given that this was public knowledge before the murder, this has obviously had a chilling effect on potential witnesses, as admitted by the RUC Chief Constable. Rosemary had also been physically assaulted and verbally abused by members of the RUC during the Drumcree crisis in 1997. This incident was also public knowledge in the Lurgan area.
2) ICPC investigation
The Independent Commission on Police Complaints (ICPC) was so concerned at the RUC investigation into the allegations of death threats that the matter was raised with the Secretary of State Dr Mo Mowlam. As a result the RUC was withdrawn from the inquiry and Commander Mulvihill of the London Metropolitan Police took over. The subsequent report from ICPC supervising member Geralyn McNally prompted Paul Nelson to ask, "if the ICPC had no confidence in the ability of the RUC to investigate the death threats against Rosemary, how can my family be expected to have confidence in their ability or indeed their willingness to effectively investigate her murder". (see Appendix C for full ICPC Report)
3) The murder investigation
The RUC Chief Constable Ronnie Flanagan has made clear that the murder investigation is essentially an RUC operation. The much vaunted involvement of outside agencies does not deflect from that reality. On the ground in Lurgan, where the investigation matters most, it is members of the RUC who are responsible for evidence gathering. Colin Port, the senior Norfolk police officer leading the investigation, remains dependent on the information provided to him by officers on the ground. This raises a number of serious difficulties. Many local residents, potentially vital witnesses, are deeply suspicious of the RUC and are therefore unwilling to cooperate. A number of people who have been interviewed have told the Pat Finucane Centre that officers simply ignored them when they questioned the high levels of security forces activity in the days before the murder. On the doorsteps officers are refusing to note concerns expressed to them regarding vehicle checkpoints, helicopter activity and troop movements. The gulf between the investigating team and local people cannot be exaggerated.
According to press reports Colin Port has however shown a willingness to look into allegations of collusion yet admits that it is RUC officers who will investigate these allegations. Mr Port is quoted as saying that the planting of the device "took no time at all". This is true but it did take time to confirm that the family car was back in the driveway having been absent for the weekend. It must have also taken time to be sure that a safe route in and out of the strongly nationalist area was available. Confirmation that members of the RIR were present in helicopters in the hours before the device was planted is disturbing. Those members of the RIR patrolling in Northern Ireland are locally recruited and their members have a long history of involvement with loyalist paramilitaries. As recently as November 1998 an RIR member, Hugh Wilson Dickson, was convicted of possession of a loyalist sub-machine gun.
In one instance it would appear that inaccurate information has been supplied to Colin Port. A vital witness, a friend of Rosemary, had still not been interviewed seven weeks after the murder. This person spent the weekend with the Nelson family in Donegal and had left a car parked in the Nelson family driveway. Two and a half weeks after the murder RUC officers arrived at this person's home to make enquiries. Having ascertained from another member of the household that the person in question was not at home but did live at this address they then sought to confirm a description of the family car. They had the wrong description. The following week Colin Port informed Paul Nelson that officers had yet to interview the family friend and officers had gone to the wrong address. This was not true though it must be assumed that Colin Port was not aware of this fact.
4 ) Security Forces behaviour since March 15
According to the RUC Chief Constable "no stone would be left unturned" in the hunt for the killers. The behaviour of some members of the security forces in the wake of the attack will cause the community in Lurgan to doubt the certainty of this statement. According to numerous accounts provided to the Pat Finucane Centre both soldiers (RIR and members of a Scottish Regiment) and RUC officers are reported to have been 'laughing' and 'sniggering' at the scene of the explosion. Local people report a "jubilant, jovial, almost celebratory mood." among certain members of the security forces. Provocative comments have been made in the weeks since the attack by passing patrols. This again has done little to inspire confidence in the wider community.
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Introduction