The truth about Rosemary Nelson's murder will only be publicly established by the discovery, compilation and exposure of information, ranging from the forensic detail of the bomb to the institutional structures which led to its planting. These processes can constructively be divided into the concepts of 'investigation' and 'inquiry' , although there are overlaps between the two.
Investigation is needed into the physical and immediate events which led to the murder, to identify those responsible for the crime. Given the record explained above, (of threats by the RUC and their failure to investigate her complaints,) the RUC cannot be considered capable of nor willing to carry out a meaningful investigation into the crime. The investigation includes matters of urgency which require action without further delay, such as the obtaining of witness statements. It is therefore essential that a suitable investigative team, totally independent of the RUC be appointed immediately. The drawbacks of lack of local familiarity on the part of 'outside' (i.e. non local) investigators are entirely outweighed by the potential for such a force being genuinely motivated to expose the truth, while the RUC have a vested interest in seeking to prevent this. Police officers frequently work in jurisdictions other than their home country, in various capacities, such as through Interpol and Europol, in UN missions, war crimes tribunal investigations, in joint investigations and in investigations where suspects cross between jurisdictions. There are numerous international examples of investigations conducted by teams from outside the country where the investigation took place, be they from a single state themselves, or a group from various countries. The principle of 'outside' investigators has been accepted and effective in many circumstances, and should be so in respect of Rosemary's murder.
There has been an inadequate response to questions posed as to the exact command structure in the process currently being conducted. There is confusion regarding the exact number and role of outside officers, their relationship to the RUC and in particular to the RUC Chief Constable.
Those made responsible for the independent investigation will require criminal investigation skills, making it arguable that police officers are the most appropriate. However, this need not be exclusively so. For example there are related professions, such as criminal law practitioners, forensic experts etc., whose skills and training would enable them to conduct an effective investigation, the essential criteria being a genuine commitment to establishing the truth. In order for the investigators to have any real chance of success in establishing evidence sufficient to lead to convictions, they will have to be provided with their own offices and resources, entirely independent of the RUC, effective powers of discovery of documentation, full and independent forensic facilities as well as arrest and interview authority. The difficulties experienced by other 'outside inquiries' highlight the need for separate facilities. On January 10 1990 the operations room of the Stevens Inquiry into collusion was destroyed by fire. This occurred shortly before the arrest of Brian Nelson, the British Army double agent responsible for targetting Pat Finucane. According to the RUC the fire was accidental though Stevens refused to corroborate this explanation. Members of the Stevens team later stormed out of a canteen after RUC officers repeatedly played the Billy Joel song 'We didn't start the fire' on the jukebox.
It may be that individuals are charged with the offence of murdering Rosemary as a result of the current 'investigation'. However, there can be no expectation that the motive behind this would be other than damage limitation for the RUC's battered reputation, and the persons accused may be purely scape-goats or be involved but had little to do with the instigators of the crime. In effect there is no prospect of the RUC investigation identifying all those responsible for Rosemary's murder, rather the purpose is to ensure that these people are not exposed.
Inquiry can be seen as a deeper and broader investigation, in which the full, structural and political context of the murder is investigated, identifying the persons responsible not only for the actual bomb, but also all those involved in encouraging, facilitating, colluding with and enabling the crime. This fuller process will expose the extent of change needed to the criminal justice system in order to prevent continuation of the corruption, which has led to collusion between RUC and loyalist paramilitaries, putting not only lawyers but also many other people at risk. This requires political will and a willingness to come into conflict with political and paramilitary forces. The record of British police officers attempting to investigate RUC corruption is such that there can be no realistic expectation of success from a repeat of a Stalker or Stevens type inquiry.
A clear and effective model of a recent inquiry with terms of reference requiring an inquiry to consider the institutional context of a murder is the MacPherson inquiry into the killing of Stephen Lawrence. Important features of this included the existence of legal aid funding to enable all relevant parties to be represented. The breadth of the Lawrence Inquiry's term of reference was also crucial in enabling the determined judge MacPherson to inquire into more than the immediate circumstances of the police action in the particular case. Rather, the report was able to make findings about the institution of the Metropolitan Police and recommend reform.
In order to achieve the confidence and trust which has been so drastically lacking in the RUC, an independent inquiry will have to be international, drawing on expertise and experience from other countries. Where the issue of a previously inadequate inquiry led to an extreme deficit of confidence in the case of Bloody Sunday, it was accepted by the present government that there was a need for inquiry members to be invited from outside of the UK to seek nationalist confidence in the process. This is necessary in the case of Rosemary Nelson's murder. If the Irish and British Governments have a genuine desire to expose the truth they will have no objection to an international inquiry. As with an investigation, an inquiry panel will require extensive expertise and a full range of powers to conduct its work.
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Introduction