JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN'S RIGHTS (Sub-Committee on the Barron Report) debate

Chairman

I welcome everyone, particularly the families of the victims, the survivors and other witnesses, and thank them for attending. We hope that the publication of the fourth Barron report on the bombings of Kay's Tavern, Dundalk, and the hearings which will be conducted by this sub-committee over the next two weeks will help you and all the other families to find closure to these tragic events. The nine atrocities which we will deal with today happened in 1975 and 1976 and claimed the lives of 18 persons with many others injured. In many of the cases the perpetrators have never been brought to justice.

The main purpose of today's meeting is to hear from the families of the victims of the atrocities and from some of the survivors and witnesses. We will take the incidents in the order set out in the schedule circulated to everyone here today. I will make some brief opening remarks as we come to each incident so it will be in context in relation to Mr. Justice Barron's report.

The contributions of the families and the survivors are invaluable to the working of the sub-committee and I again formally thank you for your attendance. We want to commence the hearings by hearing from you, the families and the witnesses, so we can place at the centre of the work we are doing your feelings and what you have to say on the matter.

On 5 July 2006 the Joint Committee on Justice, Equality, Defence and Women's Rights was asked by the Dáil and Seanad to consider the report of the independent commission of inquiry on the bombing of Kay's Tavern, Dundalk. This sub-committee was established for that purpose. We have been asked to consider the report in public session in order that the joint committee can report back to the Dáil and Seanad by 17 November for the purposes of making such recommendations regarding legislative or administrative provisions as the committee considers appropriate. This is the fourth set of hearings on inquiries made by Mr. Justice Barron. The first three have proved this kind of parliamentary activity to be vital and necessary for looking into events which have cast a long shadow over our country and the tragic history of this island during the past four decades.

The sub-committee is composed of seven members. I am Chairman of the Joint Committee on Justice, Equality, Defence and Women's Rights and also the Chair of this sub-committee. The other members of the sub-committee are as follows: Deputy Finian McGrath, who is the Independent Deputy from Dublin North-Central; Deputy Máire Hoctor, a Fianna Fáil Deputy from Tipperary North and the Government convenor on the joint committee; Deputy Kathleen Lynch, who is a Labour Party Deputy from Cork North-Central, is the Opposition convenor; Senator Maurice Cummins, the Fine Gael spokesperson on justice in the Seanad; Deputy Seán Ó Fearghaíl, Fianna Fáil, Kildare South; and Senator Jim Walsh, who is the Fianna Fáil spokesperson on justice in the Seanad. We are also helped and assisted by Paul Anthony McDermott in legal matters.

Over many years the Justice for the Forgotten, in particular, Margaret Urwin, has been very helpful. I welcome also Alan Brecknell and Paul O'Connor from the Pat Finucane Centre, both of these groups have played a pivotal role in supporting the victims' families. They will make formal presentations at tomorrow's meeting.

On the second day of proceedings tomorrow we will hear submissions from Justice for the Forgotten, the Pat Finucane Centre, the Garda Commissioner, the Secretary General of the Department of Justice, Equality and Law Reform, Mr. Sean Alyward, and former Detective Inspector John Courtney and former Detective Sergeant Owen Corrigan. The third day of proceedings will be held next week.

In respect of the procedures and for the benefit of those present, it should be noted that the sub-committee is bound by very precise terms of reference beyond which it cannot and will not stray. In particular, the sub-committee is not conducting an investigation on its own into the events that happened during the period concerned nor is it seeking to apportion guilt or innocence to any individual person or body. It has neither the jurisdiction nor the legal authority to perform any such function. We ask everybody appearing before the committee to respect the fact that we cannot stray beyond our terms of reference. Where, on occasion, people seek for us to do so and we would like to be able to do so, we cannot because we are constrained. I thank the witnesses for respecting that.

Everyone who comes before us today and during the remainder of our hearings does so voluntarily and we thank them most sincerely for their attendance on that basis.

The sub-committee is very concerned that any person who appears before it is fully aware that he or she is not entitled to any form of statutory or parliamentary privilege. While the members of the committee enjoy certain parliamentary privilege in respect of these proceedings, those attending and assisting us do not enjoy that same privilege.

The sub-committee would like to express its gratitude to Mr. Justice Barron for the work he and his staff have done in producing the report we are about to consider.

The first incident the committee will deal with today is the bombing of Kay's Tavern in Dundalk. To put matters in context I will give a brief synopsis of what is in the report so that people can refresh their memories. On the evening of 19 December 1975, a car bomb exploded on Crowe Street, Dundalk, outside a licensed premises known as Kay's Tavern. Two persons were killed in the explosion — Hugh Watters, aged 60, and Jack Rooney, aged 62. Both men were married with children. Many more persons were injured. The ensuing Garda investigation into the bombing was unable to find sufficient evidence to charge anyone in relation to the attack.

In his report, which this committee has carefully considered, Mr. Justice Barron concluded that the bombing of Kay's Tavern was carried out by loyalist extremists most probably associated with the mid-Ulster UVF. He concluded that it was likely that the attack was carried out on the initiative of a group largely consisting of UVF members. He determined that the security forces in Northern Ireland may or should have known who was responsible for the Dundalk bombing. He further concluded that actions by the RUC were designed to limit information relating to security forces's collusion in terrorist activity from reaching the public domain, which in turn did nothing to counteract such activity. He said that without proof as to who was involved in the bombing, allegations of collusion were impossible to prove or disprove. He said the forensic evidence was inconclusive but the nature of the explosives used suggested a possible link between the perpetrators of the Dublin-Monaghan and the Dundalk-Castleblaney bombings. He held that the security forces in Northern Ireland did receive advance warning of an impending attack on Dundalk and this warning was conveyed to the Garda Síochána. He said he was not able to establish whether the apparent sighting of the bomb convoy leaving Portadown on the day of the bombing was known to the authorities in Northern Ireland before the attack took place and in those circumstances it was impossible to say whether those authorities knew enough to have prevented the attack taking place.

The terms of reference of this sub-committee are to investigate Mr. Justice Barron's report into the bombing of Kay's Tavern in Dundalk for the purposes of making such recommendations in regard to administrative provisions as we consider appropriate, as I mentioned earlier.

With regard to the Dundalk bombing, present with us today are Margaret English, who is a daughter of Hugh Watters. I welcome Ms English and thank her for attending. Maura McKeever is a daughter of Jack Rooney. I thank MsMcKeever for coming down. Both families are represented by Mr. James McGuill, solicitor. Before Ms McKeever, Ms English and Mr. McGuill make any comments, I wish to remind the witnesses that as a result of the Supreme Court decision in the Abbeylara case, we are prevented from making any findings or expressions of culpability against individuals who are not Members of the Houses of the Oireachtas.

I invite Mr. James McGuill to make his introductory remarks and following those perhaps Ms English will speak followed by Ms McKeever.

Mr. James McGuill

I intend to be brief but wish to make some observations which the family are anxious the committee members would be aware of at the outset of the proceedings. Deputies Finian McGrath and Hoctor, and Senator Jim Walsh were part of the review of the Barron report into the circumstances surrounding the murder of Mr. Seamus Ludlow and they would have a feel for from where we are coming on this matter.

From the point of view of Ms English, Ms McKeever and their families, the loss of their loved ones was a terrible tragedy but it was a pure happenstance that many more people were not killed. This no warning bomb went off in the middle of Dundalk on a Friday evening in December. It appears that good information was made available to the authorities here to the effect that there would be a bombing. This is a matter of concern to the families who found this out for the first time in the course of Mr. Justice Barron's review. A serious issue for examination here is whether there was a failure to deal appropriately with intelligence that was being received.

There are some skeleton legal submissions which we prepared for the committee and we highlighted various references in the report which are germane to that topic. The members of the committee must appreciate how upset and hurt the families were to discover that in the manner in which they did so. One of the real benefits of this parliamentary exercise, to which the Chairman has already alluded, is the opportunity it presents for submissions to be heard in public and for members of the committee to ask questions. We had the experience of the Ludlow report in respect of which quite an amount of new material was extracted by committee members' questioning and that elucidated information. We indicated in our submission some of the areas about which we are concerned.

We have three primary concerns. The first is one shared by all the family members from whom the committee will hear today, namely, the extent of collusion that was going on. Mr. Justice Barron has plainly stated there was collusion and he has also freely acknowledged that he has not the time or the resources to investigate that properly. Therefore, we urge this committee to put right at the top of its work consideration of how best the allegations of collusion can be examined. It is plain from the report that people knew about it and failed to act. That is item No. 1.

Item No. 2 is the need to examine what happened prior to the bombing in Dundalk. Were adequate steps taken? We know from other sources that very good level information was available in October, November and December to the effect that a bombing was to be carried out in Dundalk. It was not unusual for Dundalk to have checkpoints on approach roads, yet this bomb driven by known bombers, was parked in the middle of Dundalk without a single person intervening and it resulted in loss of life and the terrible injuries suffered by others. The fact that it was known that an attack was to take place yet there was never an arrest or a prosecution suggests to us that very close analysis must take place not only of the failure to prevent the bomb but of the failure to investigate. We have identified 19 separate criticisms of the failure to investigate aspect which we believe should be examined. We have also identified 12 incidents of the collusion aspect.

Therefore, the three areas the families are anxious the committee examine, particularly with a view to recommending a public inquiry into these issues, are the collusion issue, the failure to prevent the bomb issue and the failure to apprehend and prosecute. This must be viewed in the context of the appalling potential for loss of life were further no warning bombs to be detonated anywhere. That is the backdrop to the concerns of the family and their anxiousness that the committee apply its efforts to examining this matter. Ms English will speak on behalf of her family.

Ms Margaret English

I will let Mr. McGuill deal with all the legal aspects, but I want to talk about my father. My father, Hugh Watters, was a quiet, innocent man. Some of his greatest words were those of human charity and human dignity and, therefore, it was shocking that he was killed in this way. I hate to say this but I only realised in 1998 that there was such a thing as collusion. I always thought that nobody could be got for Daddy's bombing; I thought the forensic evidence was not there. That is the way the family thought about it. When the peace agreement was made, I was so happy. I was delighted because at least then I could turn on a television. I would not look at the television because I was afraid of what I would see. Every time I heard about a bombing, I was taken back to my life, so I always kept that away. I would not look at the television.

I went to see John Wilson in 1998. I thought we were to talk about the peace we would have. I thought there would be rallies and everything. He asked me my story and I told him about Dad. His remark to me was: "Yes, that was the Robin Jackson gang that killed your Dad". I said: "No, no. Nobody was got for Daddy's killing". He went on and said: "Yes, that was a known fact". I said it was not. We talked. When I went home I wondered to myself where that had come from. He had said to me: "Did you never hear of that gang?" I had never heard of anybody. That left me thinking about what was going on so I tried to push it back in my mind. I thought that if I could zip it back in again, I would not have to think about it again but I could not get rid of it.

The Pat Finucane Centre talked to me then. I seriously thought all these people were headcases because I did not believe there was such a thing as collusion. I really did not believe it. I thought the Irish Government would look after its citizens. It is actually breaking my heart to think that it did not. My thoughts are — I hate to say it and I hope Daddy is not looking from up there and saying: "Margaret, that is awful" — that I really and honestly believe that the Irish Government committed a worse crime than the people that killed my Dad by covering it up. If it had, in the early 1970s, done something about what was happening with these bombings, my Dad would not be dead.

I am appealing to all the Members of the Oireachtas to put this in God's hands and to go the road God would go — truth and justice. Truth and justice are all the families want. As Daddy used to say — he never got it in his life — I would love you to show each of the families Christian charity. All we are looking for is Christian charity, truth and justice.

Ms Maura McKeever

My mother was to come here today but she is unwell. I asked her last night what she would have said. She said that as two citizens of the State, two innocent victims, they should have been treated more fairly. Nobody wanted to know; nobody ever came near us to say anything. She is now 89 and she is still waiting for somebody to come and tell her there was collusion. She has always maintained there was collusion. It was well known in the town. But she wants somebody to come and say: "Yes, you were right". I have watched that woman for 30 years and it is very hard. It is very hard for me and it must be worse for her. I am very upset.

Chairman

Take your time, Ms McKeever. Have a glass of water.

Ms McKeever

When they got a warning that there was a bomb, they should have gone around all the Government buildings and given some kind of warning. They should have had some kind of checkpoints but they had nothing. It was like, "Oh well, there is going to be a bomb. It does not really matter about these lives". There were children on the street shortly before that bomb and some of them were injured. It did not seem to matter. I think the gardaí really failed and should have given some sort of warning. They were told and they should have done something about it.

Then, when it actually happened, we got no support whatsoever. Nobody ever came near us and no garda even came to officially say this had happened. I have two aunts still alive and my father's brother only died a couple of years ago. They were long lived so he would have been alive. He loved Christmas and was quite happy in his life. He was a great man for everything and loved his community. He collected in the chapel but neither the Government, Garda nor the priests — nobody — came near my mother. It was like saying: "We will ignore it and it will go away". Nobody cared and I am living with that. I knew there was collusion and I still say there was but where were you to go to get any answers because no one wanted to know? Even when we had a ceremony at the town hall and we had a plaque unveiled, they would not even stop the traffic on the street so the man could talk. There was just no respect. Mammy got nothing — neither did Margaret's mother. There was nothing and it is still the same and I would like to see that change. I would actually like to see somebody come forward and say: "Yes, you are right; this is what happened". That is what I am really hoping for from today — that I will get some answers.

I want a public inquiry because I feel we should have it. After all, the guards were supposed to be doing their duty and the Government was supposed to be doing its. We are citizens of this State. We are supposed to be protected by the State. We are not being protected. We have been ignored. It is a case of if you just go away, it will be fine. I am asking for a public inquiry today. I really feel we should get better treatment and I hope we do. Thank you very much.

Chairman

Ms English and Ms McKeever are very courageous for coming in. Thank you very much. I will ask some questions which the sub-committee would wish to ask. We have divided the questions up among the members. In this case, Deputies Hoctor and Finian McGrath will ask some questions, if that is okay.

Deputy Hoctor

I welcome Ms English, Ms McKeever and all the family members and express my sympathy to them on this occasion as they meet the sub-committee on the Barron report. We thank them for their submission and would welcome any additional comments, which would be very helpful. As Mr. McGuill said, the sub-committee has found it very helpful when people have been able to come forward and make a personal submission. I wish to ask Ms English what it was like growing up in Dundalk in the mid-1970s and about her recollections of the time.

Ms English

My recollections of the time were that we were a really happy family. That is really how I feel. I always felt we were all so secure — really secure — and then when Daddy was murdered, it was like somebody got our little cocoon and just broke it. Then there was nobody there to help us after which was one hundred times worse, but we did not even realise it at the time. We just did not know.

Daddy was the main provider in the house. He was a tailor and he worked for himself. The most tragic thing about both of them was that both of them were reared in orphanages and this was their first real family. I think that is a tragedy because Mammy asked me where we were to go now and what we were to do now. This was her first family and then there was how she was treated. They would not even give her a pension. They said she was not due a cent, that she could not get a non-contributory pension. I will tell the sub-committee something which nobody really believed. They looked in her cupboards to see what food she had. That is the way she was left until she eventually got a pension.

The way my mother felt was that they never looked for anything. Daddy worked and they saved and that was it. They never got anything from the State or from anybody, and she found the way she was treated very degrading. It broke her heart and it was really horrible on us. When you would come home, you would know that day she had been crying and that they had been down again. That was cruelty. What really upset me and upsets me even more now is that at the time we should have had some photographers down in the house to let them see what was going on. She was treated really badly.

That year we went around in circles but nobody ever came to ask if we wanted to talk about it. We were just pushed aside. It destroys families but nobody helped.

Deputy Hoctor

I appreciate it is very difficult to talk about the particular evening in December but I would like Ms English elaborate on and to tell us about it and the people who called if she can recall that.

Ms English

I can tell you about the full day, 19 December. It was a Friday. Mam went up the town on the bus every Friday morning to get the shopping. What would happen was she would get so much of it that she would bring it up to Daddy, who had his rooms — up four flights — on Francis Street, leave it there as she was getting stuff, and he would carry it over to the bus for her and she would get the bus home.

On that particular Friday, Mammy was in town and could not get across the road. The traffic was very bad on 19 December. She came home and said, "I did not get over to your Dad today. The traffic is really bad and I am wondering will he get home for his dinner. If he is not here after 1 p.m, Margaret, will you go up with his dinner and his tea?" and I said, "Yes, surely".

There was no sign of Daddy after 1 p.m. and I headed up to his rooms with his dinner and his tea. When I went up he said, "Your Mum did not get up today. The traffic was very bad. I was afraid she would get knocked down crossing the road", and I said, "No, she decided she would not". He said, "Have you any time, Margaret? Will you work with me? I'm very busy.", and I said, "Yes, no problem".

He did all the repair work for the main shops around and, naturally enough, at Christmas there was plenty to do. I sat with him most of the evening and he asked me to run around and deliver some things to the shops, which I did.

As 5.30 p.m. was approaching, I said, "I think I will go down and meet Mary" — that is, my sister. Mary worked a couple of steps away from where Daddy was killed and we were all around the same area. At 5.30 p.m. I walked down to meet Mary — I would have walked past where the bomb had been planted — and we walked back up again. When we walked back up Earl Street we could see Daddy in the window — he was up on a height and he used to sit at the side of the window sewing. We waved up at him and we went on up to the shopping centre. That was the last time I ever saw my Dad. I never saw him after that.

Mary and I went up to the shopping centre. Mary said, "We will go upstairs and sit down for a while and then we will do a bit of shopping", and then we heard a loud explosion or a loud bang. We really did not know what it was. I asked Mary, "What do you think that is?", and she said, "I do not know". We sat for another while and I said, "I think we will go home". We headed out onto the road and an ambulance came past us, and there was no siren to be heard. I said to Mary, "Do you know what? I think there is somebody dead in that ambulance and we should really say a prayer for them". I did not realise it was my own Dad.

We were not allowed to walk down through the town, so we had to go down along the back streets. I met a woman who said, "Margaret, your Mum is looking for you". I said, "Sure why would Mammy be looking for me?" She said, "She heard the explosion in her kitchen, ran and got a neighbour, and left the house in her slippers". That was not Mammy's form. I said, "God bless us." I went over and found her. "Thank God", she said. "Margaret, you two are all right," she said, "but I have an awful feeling". She went over to the neighbour and said, "One of mine is dead". However, the neighbour said, "Not at all, Agnes, what are you talking about?"

We went around looking and then we said to Mammy, "Listen, you go home.", because Daddy was a great walker and he would walk for miles. We thought, because he was so quiet, he might go right around the long way. We got a car and we searched and searched. We got a loudspeaker and we went around the town with it.

Then we decided we would go up to the Louth Hospital. When we got to the hospital, we were not allowed in so Ruth, my other sister who was with Mary and me, said to me, "Go around to the back of the hospital". She said, "I will tell you what, you two stay there in the car and I will get in the window", and she got in the window of the maternity unit and ran up the middle of the hospital shouting, "Has anybody seen my Daddy, has anybody seen my Daddy?" They said, "Who is your Daddy?", and she said, "Hugh Watters". They said, "Come here for a second. Come here, come here, come here". They took her into a room and handed her his photographs of us and his holy pictures and medals from his pockets. They said, "Does that look as if that is your Daddy's?", and she said, "Yes". They said, "Okay, sit down here and take a tablet. Go on, just sit down". She said, "No, no, I have to go", and she ran out. I do not know whether she got back out the window or not. She came running out to us and she said, "I will tell you what, neither of you can cry. I have to tell you now that Daddy is dead and the most important thing is that we get a doctor for Mammy. But you are not to cry. Do not let Mammy see you crying". We went and got a doctor and took the doctor down to Mammy, and after that it is a real blank. Nobody ever came. No guards or anyone ever came to the house. It never dawned on me that anybody would come but nobody came. Mammy knew in her heart it was one of us. She was not sure which one. God bless her, I am really thankful she was dead before all this started because she died thinking nobody could find anything or nobody knew anything, which was a nicer way to go. If she thought there was a cover up of my father's death, it would have broken her heart.

That is how that day went but I can remember everything clearly until then. We were going around scrambling. That is why I would not watch the television when I heard of a bombing because I knew that feeling. One was going around scrambling and did not know where one was going with nobody to help.

Deputy Hoctor

How long is Ms English's mother deceased?

Ms English

Since 1990.

Deputy F. McGrath

I welcome the families to the hearing and I express my deepest sympathy to them. I would like to ask Ms McKeever a number of questions about her father, Jack Rooney, but if the questions are too close to the bone, she does not have to answer them. I am trying to get an insight.

Mr. Justice Barron examined the Castleblaney bombing in his report, but did not draw any specific conclusions on the bombing. He noted that the Garda investigation report had concluded that someone from Northern Ireland was responsible for the outrage. However, no conclusion or opinion was offered by the Garda report as to which particular subversive group might have been responsible for the attack. He noted that in the statement dated 3 January 1999, former RUC Sergeant John Weir claimed to have information that the Castleblaney bombing was carried out by a named fellow-RUC officer and a named UDR officer and that the explosives had been provided by a named UDR officer and were stored in a farmhouse at Glenane before the operation.

I welcome Ms Anna Mone McEneaney, the widow of Patrick Mone and thank her for coming. We also have with us, Mr. Thomas Mone, a nephew of Patrick Mone. I thank them for coming and hope they can throw some light on the terrible event and let us know the position with regard to their feelings and the current situation.

Ms Anna Mone McEneaney

I thank the committee for meeting us. We have still been told nothing about who planted the bomb, where it came from or anything. A few years back I got a solicitor to go to the Garda Commissioner in Monaghan to see what he knew about it. He came out and spoke to us and said he would be in touch with me in six weeks, but I heard nothing from him. The solicitor wrote to him after three months, but he has still never heard from him.

When we were going into Castleblaney that night there was a checkpoint on the road and we were stopped. The garda knew Patrick and said "Goodnight Mr. Mone" and waved us on. We parked three times in the town until we got the right spot to park for the bus and parked beside the car the bomb was in. When it was close to the time for the bus, Patrick got out of the car and was standing with his hands in his pockets waiting for the bus. The first thing I saw was like a flash of lightning and a bang — the bomb. Our car was turned over. In a while the town was in darkness, the dust cleared and I got out through the windscreen. I saw he was lying on the street and his legs up. That was the first thing I saw about it. Then he was taken in the ambulance to Monaghan. He died on the way about 20 minutes later.

Nobody ever came near me. I had an aunt who was 84 at the time. She lived 11 years after. Nobody ever came near me to say who did it, where it came from or how I was getting on — one thing or another. Not until this day did I hear anything. I would like to know who planted the bomb. I always said I would like to meet the person who planted it and hear why they would do such a cruel thing. We were innocent people sitting there. Tommy's father and mother were very good to me.

Mr. Thomas Mone

The investigation report states that under the circumstances, the only conclusion one can come to is that someone from Northern Ireland was responsible for this outrage. As a member of the family I think for a citizen of the Irish Republic to be let down by this is terrible.

Like Ms English and Ms McKeever, the family think the families were badly let down by the Irish Government. A lot of collusion went on. There is reference to suspect Q, suspect O and suspect P being noted on occasions in the vicinity of the premises before the bomb went off. They were even watching the Garda station in Castleblayney. They were not there watching to see if the Garda boots were all nicely polished. They were there looking for information, to find out what time the checkpoints were being set up because I believe they were set up at the same time every day. It is a terrible thing that there are only two lines.

Ms Mone McEneaney fought for 27 years just to get a plaque put up in Castleblayney outside the pub where it happened. She had no help from anybody, neither from councillors nor county council officials. It took her own efforts for 27 years to get the plaque put up. This is a terrible indictment of this country.

Reading the report I note that nobody even bothered to check. The bomb was supposed to have been left there in a car at 4 p.m. but then two other cars were seen at 6.10 p.m. From my reading of the report as a lay person it sounds as if the car that was there at 4 p.m. was a decoy car which was left there. A similar car of the same colour came in at 6.10 p.m. along with a white car. The dark car coming in had one person in it but it was very low on the ground because it was obviously carrying a lot of weight. The white car had three men in the back and the passenger front seat was unoccupied. I think that when they pulled in to the street, the blue car replaced the car that was there and this is the car that had the bomb. The Garda never even investigated this or said this could have been what happened.

I know that Mr. Justice Barron did the best he could but there are so many things left unanswered. Like Margaret and Maura, the families also believe there was complete collusion between the security forces in the Glenanne crowd. For instance, where did they get the explosives in the first place? Was it from a security source? There had to be semtex or other explosives used to make up these bombs. The family was really badly let down by the whole set-up here.

My uncle was a very quiet man. He would not go into Castleblaney on a Sunday night because at that time, I believe, one could not get a drink in the North and everybody would come up across the Border. There would be big crowds in the town and there might be a bit of trouble in the town. He would never be anywhere near that. It was an awful crime that he was there. The only other thing was that it could have been an awful lot more. That bomb was designed to kill a lot more people. As I said before, gardaí were watching these suspects and knew they were after a suspect in either Castleblaney or Ballybay. They did not watch them coming in, but they had a good idea. There should have been more security there. The families were badly let down in that way as well.

I am not a good speaker.

Chairman

Mr. Mone has put the case very well. Deputy Lynch and Senator Cummins will ask a few questions, which should give Mr. Mone further opportunity to express his feelings regarding the day.

Mr. Mone

The families — I believe we are all here — want to see justice and closure on this matter. We want to know the truth. That is why we are all here.

Deputy Lynch

I welcome the families today. I know it must be very traumatic for all involved. Having to go through the event minute-by-minute and hour-by-hour must be like reliving it again. I have heard them say they would like to forget it but they cannot.

The next tragedy we are to consider is the Dublin Airport tragedy. To put it in context, at approximately 1.20 p.m. on Saturday, 29 November 1975, a bomb exploded in a cubicle in the gents toilet adjacent to the public bar on the ground floor of Dublin Airport. John Francis Hayes, a 38-year-old married man from Balbriggan, County Dublin, was killed in the explosion. Five other persons who were in the toilet and three transit passengers were injured, although not seriously. It appears that nobody saw the bombs being planted. A claim of responsibility was issued to the Press Association in Belfast by the Belfast brigade of the UDA. The Garda investigation report concluded it could only be assumed that some organisation from the North, such as the UDA, was responsible for the act. Nobody was prosecuted and no further developments seem to have taken place.

We are joined today by Ms Monica Hayes, who is John's widow, and Mr. Brendan Hayes, who is John's son. I thank them for coming along. I know it is a difficult time for them and we appreciate their attendance very much. Will Ms Hayes say a few words on the matter?

Ms Monica Hayes

What could I say about John? He worked at the airport since 1969. He worked on a part-time basis during the summer. He would go to England and come back in the summer. In 1969 he was put permanently into the airport, which he loved. He loved working at the airport and worked away. He was not supposed to work on the Saturday but he had swapped shifts with somebody and went into work. The last thing I said to him was, "I hope you are safe on the road". We lived in Balbriggan at the time. On the drive to the airport I said, "I hope you get home safe". That was okay and he was due in at about 4 p.m.

I heard on television that there was a bomb at the airport and I did not put much thought on it. It was getting later and there was no sign of him. I looked out and saw about eight cars outside the door. The first person I was aware of was David Kennedy, the chief executive of Aer Lingus at the time. He told me there had been a bomb and that John had been killed, and that he was the only man who was killed. He had been killed at 1.10 p.m. but his body had not been found until about 8 p.m. until they had everybody out of the airport and found there was one man missing. He had been on his lunch break, went into the toilets to wash his hands and as he lifted up the toilet tissue the bomb went off. Apparently the toilets just fell in on top of him. I think he stayed alive for about an hour but he was not conscious. They found him at about 8 p.m. and they came and told me he was dead.

Brendan was only three and the twins were 11 years. We had only just moved into a nice new house and got it all as we wanted it. What did we do? Like everybody else who has spoken, we had nobody near us — only for Aer Lingus and it did for us. It absolutely arranged everything, even down to the man's shroud — what you wanted — and were brilliant. Apart from Aer Lingus, the guards, collusion and everything were exactly the same as everybody else is saying — it did go on. Even today Aer Lingus is very good to me. I do not know what I would have done without it.

Ms Hayes's support.

Mr. B. Hayes

I have no recollection of the incident or its immediate aftermath.

Ms M. Hayes

On my other children, one is in Canada and one is in England.

As I say, we had no help. We did not even know Justice for the Forgotten existed until I met Margaret within the last four or five years. Then we had the help from them, which we are most grateful for. If there is anything the members can think of asking, I can tell them the answer.

Deputy Ó Fearghaíl

Chairman

We appreciate that very much. You have been very helpful.

The next item is the atrocity at Donnelly's Bar in Silverbridge. On the same evening of the Dundalk bombing outside Kay's Tavern, 19 December 1975, a gun and bomb attack was carried out at Donnelly's Bar, Silverbridge, County Armagh, in which three persons were killed. They were Patrick Donnelley, aged 24 years, Michael Donnelley, aged 14 years, and Trevor Brecknell, aged 32 years. The police on both sides of the Border believed the two attacks were linked. The Silverbridge attack was initially claimed on behalf of the Red Hand Commandos, an organisation affiliated to the UVF, and also a cover-name used by mid-Ulster loyalist subversives for attacks undertaken without the sanction of the UVF leadership.

The attack was said to have taken place at around 9.20 p.m. A car drove up and a man got out with a gun. He started shooting across the top of the car. According to witnesses, one or two gunmen then went into the pub and started shooting for approximately 30 seconds. They then withdrew on the instructions of one of them, who shouted, "Back out, back out". As they were leaving, one of them threw a bomb on the floor of the bar which exploded, causing numerous injuries.

Much of the information Mr. Justice Barron had on this bombing came from the Pat Finucane Centre. An RUC investigation file was submitted to the Northern Ireland DPP on 5 April 1976. This appears to have been for information purposes only as no person had been made amenable for the attacks. It appears an RUC officer and another person were charged with withholding information regarding the attack but were not prosecuted after the DPP entered a nolle prosequi in their case.

We are joined by Ms Ann Brecknell, the widow of Trevor Brecknell, and his son Mr. Alan Brecknell. Alan is also from the Pat Finucane Centre For Human Rights and Social Change. Will Mrs. Brecknell recount her recollections of the awful atrocity?

Ms Ann Brecknell

I was in hospital when Trevor was killed. My third child had been born a few days previously and he had been to visit me that evening. He said that he would call at Silverbridge on his way home to buy his mates a drink. He worked at a nearby factory. I was listening to the radio and heard about the attack on Kay's Tavern. At the end of the news, there was a report about an explosion at Donnelly's in Silverbridge, south Armagh. I knew immediately that Trevor had been killed; I do not know how, but I simply knew. It approximately midnight before the chaplain and a consultant came to tell me because all the casualties had been brought to Daisy Hill Hospital, and they had to sort everything out.

The next day I was allowed to return home because my two other boys were there. People were coming to visit us all day, but I had to go back into hospital that night. I was released on the Sunday to bring the remains home for the funeral. The police did not come to me until the day after the funeral. A sergeant brought me some of Trevor's personal belongings, including his ring, watch and chain. He said that they knew who was responsible but that they had an alibi of having been playing pool in Markethill with their mates and that nothing could be done about it.

That was it; no one came to me thereafter, and I really knew very little. Local people spoke of collusion but I was in no state even to understand about what they were talking. I was too busy trying to bring up three children on my own. My son Alan visited the Pat Finucane Centre one day when he was in Derry and afterwards we began to hear more regarding collusion. That was how matters progressed as far as they did. However, nobody else had bothered to help us.

Chairman

Perhaps Mr. Alan Brecknell might like to say a few words regarding his father. What are his recollections of and feelings about the incident?

Mr. Alan Brecknell

Senator J. Walsh

Like the other members, I extend my sympathy. It is difficult to rear a family when one's husband dies so young. From listening to Alan, he is a credit to Ms Brecknell, as I am sure the other members of the family are also.

With regard to correspondence the family had with members of the British Government, when they inquired as to what progress was being made, the family received a letter from Adam Ingram dated 21 February 2001 which gave incorrect information, as noted in the report. That information was subsequently corrected by Mr. Ingram's successor at the Northern Ireland Office, Ms Jane Kennedy. What information does the family have in this regard?

I also wish to refer to the case of 28 June 1980, where a nolle prosequi was entered at the direction of the judge. This is important to us because, apart from the cases involved, the issue of collusion is a very significant factor and is a thread running through this matter. Indeed, there is a common thread with regard to the suspects in the cases we are discussing today and the Dublin and Monaghan bombings. It is important we get as much information from the Brecknell family as they possess. It would be of help to us.

Mr. Brecknell

In relation to the misinformation, if that is the way you want to call it, from Adam Ingram, he sent a letter — it was sent on his behalf — saying two people had been charged and convicted, as far as I can remember, and then Jane Kennedy corrected that — I think he also said they were both RUC officers — and then she wrote back and said one was an RUC officer, one was a civilian, and they were not convicted. I think over that period of time we received three different answers from the British Government in relation to one question. This simple question was whether anybody was ever charged or convicted in regard to the attack on Donnelly's Bar.

I thank the witnesses. We will now discuss the attack on the Reavey family but we will not move on to the O'Dowd family tragedy until after lunch. We will break for lunch after Mr. Eugene Reavey has made his contribution and been questioned by the committee. I thank Mr. Reavey for his attendance.

I will begin by outlining the context of this case, as set out in the Barron report. The Reavey family lived at White Cross near Market Hill, County Armagh. At 6.10 p.m. on Sunday, 4 January 1976, three Reavey brothers were watching television in the living room when three men wearing balaclavas entered the house, one of whom began firing a machine gun. John Martin Reavey and Brian Reavey were killed at the scene, while Anthony Reavey survived the attack but died of a brain haemorrhage a month later.

This was generally believed to be a loyalist attack. The nearest UDR base was in Glenanne. The family was of the view that it was harassed by the RUC. Mr. Eugene Reavey told Mr. Justice Barron that an RUC officer had identified three persons as having being involved in the attack and also described how he had acquired the same names from other sources. Mr. Justice Barron noted that despite Mr. Eugene Reavey's raising of the matter with the RUC and despite the fact it already had that information in whole or in part, the investigation was not progressed.

I again remind sub-committee members that because of the Supreme Court ruling on the Abbeylara case, we are prevented from making any findings or expressions of culpability against individuals who are not Members of the Houses of the Oireachtas. I thank Mr. Reavey for coming before the committee. He might wish to make some remarks regarding the awful tragedy that befell his family.

Mr. Eugene Reavey

At 6 p.m. on 4 January 1976, my mother, father and three younger members of my family left their home to visit my aunt in Camlough, which is approximately three miles away. While John Martin and Brian initially offered to leave them over, ultimately Oliver did so. He left home at approximately 6 p.m. and had not far to go. On his return to the house at 6.20 p.m., he encountered this massacre.

Apparently, three men came into the house at 6.10 p.m. It was only a week after Christmas, all the decorations were still up and the boys were watching television. We had an armchair in the corner and everyone used to fight to get into it. On a Saturday night, if any of the older fellows were in the chair and needed to get their shoes polished, they were obliged to pay 6p to get some of the younger ones to polish them, to avoid leaving the chair. Two boys were sitting in the chair, one in the chair itself and the other on its arm. John Martin was sitting in another chair by the fire. He was riddled with bullets and died instantly. Brian was shot once through the back and the bullet went through his heart. He stumbled into the room and was sitting in the fireplace with his arms folded. Anthony had dived under the bed. They came up and riddled his legs, lower abdomen and groin with eight to ten bullets. He kept very quiet and listened.

They went to every other room in the house and shot off the doors, shouting: "Where are these bastards? They're not here". There were 12 children in the family, eight boys and four girls, and the attackers thought there would be a houseful of people. On the previous Sunday, our annual GAA meeting was held at the hall and everyone came to our house after the meeting. It was known as a ceilí house and there may have been 40 people or more in the house on the previous Sunday night.

Anthony managed to crawl out after there had been silence for a minute and he knew they had left. He crawled out from under the bed and crawled up to the neighbours' house, which is 400 or 500 yards up the road. When he rang their doorbell, Mrs. O'Hanlon answered the door. He fell into her arms and told her: "The boys have been shot and I have been shot too. Everyone is dead." As they did not know what was happening, they telephoned the police and the ambulance service. The parish priest, Fr. Hughes, and another priest came down and offered them the last rites. Someone came for me and brought me over to the house. I lived nearby, across the road. When I arrived, the boys were lying in the house. The ambulance came and we went to Daisy Hill Hospital. When we returned from the hospital, the police had entered the house and one guy was searching through the drawers. I should not mention his name. He was a neighbour who would have been known to me. I asked him what he was doing and he replied he was looking for ammunition because that they had received a tip that there was a considerable amount of ammunition in the house. A cousin of mine caught him by the back of the neck and threw him out on to the street.

We then went to Daisy Hill Hospital where my father and Seamus identified the bodies. On our way back from the hospital, we were stopped by the police and the army. We were taken out of the car and put up against a land rover. They began to abuse my mother. They told her that it was as well that she did not have any trouble on their side on such a bad and cold night and asked her how many noses she had. They then expressed surprise that she had only one nose and two ears and asked her where her other nose and ear were. Then, one, for the want of a better word, bastard began to put his hand up my mother's clothes. I can never live with the fact that I did not do anything. This man was pressing his gun into my back and would have shot me if I had done anything. I have no doubt they would have shot all of us on that road. I have never recovered from that incident. I apologise to the committee for getting upset.

Chairman

Take your time, Mr. Reavey.

Mr. Reavey

When I arrived home, one helicopter appeared. It turned on the light and circled around and then went away. No more helicopters or members of the police or army were seen that night. The question that always stayed with me was who gave the orders. Normally in south Armagh at that time, soldiers were found on every corner during the night. I often wondered who gave the order for the withdrawal of the soldiers. It was certainly not given by the soldiers on the ground.

We made arrangements for the funeral the following day. We had never had a funeral before and did not know how to proceed with one. We had to buy black ties and shirts. We did not know what happened to us the following day. My father gave an interview to either the BBC or UTV in which he stated he did not want anyone else to be shot or murdered in retaliation for his sons' deaths. He said that if their deaths put an end to the violence in south Armagh, they would not have died in vain. We watched this five-minute interview, which was a short news bulletin, at 5.40 p.m. We left home and travelled approximately half a mile or more before running into what is now known as the Kingsmills massacre, which involved the murder of 12 men. Bodies were lying all over the road. We thought they were cows belonging to one of our neighbours because that was the route they always took. It was now 6 p.m. and there was pandemonium at the scene. All the cars were at the brow of the hill and the police or ambulances were not present. Cars were coming to and from Newry. There were possibly between 75 and 100 cars in our cortege so we had to push them back and take a different route. When we reached Daisy Hill Hospital, took possession of our boys' bodies and got ready to set out for home, all the bodies of the victims of the Kingsmills massacre were being brought into the hospital. There was pandemonium and considerable anger and fear at the hospital. It was a dark January evening and I remember it very well. Members of the Kingsmill family were in an adjacent room. I went in and said that I was a member of the Reavey family and wanted to offer our condolences to them on the loss of their loved ones. I had no idea at that time about whether they were Catholics or Protestants. No one knew.

We proceeded out the road with the cortege and two hearses — Anthony lived for nearly a month — but those boys, the police and the army, were sitting and waiting for us again. They were out of their cars. My brother, Seamus, was in front of me and had the black bags containing the clothes my brothers had been wearing, which had been given to him by the mortuary attendant. They were a mass of blood. The soldiers and the police took the bags out of the back of the car and danced on them on the road. I do not know how one could cope with that. They took my mother and abused her again on the roadside. Some of the younger soldiers were more afraid than we were, but there were a few hardy boys — at most checkpoints one would come across, there is always one paratrooper or someone like that who would not be an ordinary soldier and would usually wear a different cap — who displayed bad manners.

We proceeded home. The funerals came along and we got them over and done with. We had been doing fairly well. There was a great deal of hassle from the police and soldiers. I do not know why because we never had any hassle with them before then. We did not even know that the police were there. Anthony was doing well. We did not mention much about the shooting to him and we let him take his own time. He had been in Daisy Hill Hospital with Alan Black, survivor of the Kingsmill massacre, and they became very good friends. Mr. Black is still a good family friend and he visits my mother after all these years.

On a Sunday morning at approximately 11 a.m., Anthony took ill and went to hospital. He was lost in Daisy Hill Hospital between 11 a.m. until 4 p.m. that evening. No one knew where he was. He took ill at 11 a.m., when a doctor was sent for, and it must have been close to dinner time when he went to hospital; I forget. He was supposed to have been put into a ward to wait on a doctor, but no one saw him until 4 p.m. He fell into a coma and was shipped to Belfast, where a neurosurgeon told us that he was effectively dead and, with the approval of the family, the machine would be switched off. None of us was in a fit state to make that decision. Fr. Hughes, the parish priest, spoke to my mother, who came to the decision to switch off the machine.

Anthony was buried, then the inquest began. The coroner said that the shootings in which Anthony was involved had no bearing on his death at all. He was not included as a victim of the Troubles until very recently, four or five years ago. He would have done my mother out of any compensation due to her. The Northern Ireland Office sent her a cheque for £450 to bury her three sons but the cheque was returned. The law case that day was the first time my mother was in a court. She was never in a court before. The law at the time was that to enable you to be eligible for compensation you needed to be at the scene of the incident. My mother was not at the scene of the incident. The solicitor on the other side was very adamant that she did not suffer shock because she was not at the scene. The judge said, "Excuse me Mrs. Reavey, I want to ask you a question. We are getting nowhere here". Mummy was crying when she was in that box. She was on 20 tablets a day or whatever she was on. The judge said to her, "Mrs. Reavey, can I ask you if you suffered shock when Fr. Hughes and Dr. Stewart went to see you at your sister's house? Did you suffer the shock when you came to your home and you saw ambulances and police and lights all around or if it was when you see your two sons lying on the slab in Daisy Hill Hospital?" At that stage we all got up and walked out of the court and we took her with us. We do not know what way it was going to work out. There was absolutely no justice that day.

There is a wee bit of confusion in my mind about this, whether it was after Anthony died or after the two boys died. There was a publican came up from Market Hill. He was friendly with my mother and father. He took my father into the bottom room and said, "Jimmy, I want to tell you who shot your sons", and told him. My father died in 1981, which was five years after that. He told me that conversation two weeks before he died. I had to carry that burden with me all the years that I was going around because I dare not list those names or the Provos would have shot everyone in sight. I had that burden with me all those years about who shot my brothers.

At the time we went to Newry to make a statement after the boys died and the police sneered, jeered and laughed at us. We had to leave the police station without making a statement. I made a statement this year to the Historical Enquiries Team. It took me almost five weeks to make that statement, two or three days a week. I must say I found it very difficult to do this and they took me to places I never thought I would have to go. The police know who shot my brothers and they have known it for years. The names are in that book. I meet them every day on the road and I cannot say, "You shot my brothers", or "You didn't shoot them". There is never going to be anything done about it and you have no intention of doing anything about it. It is very fine to come up here and sit here but that is the fact of the story. Excuse me. Just give me a minute. A policeman in Newry met my brother. He knows who shot my brothers. He tried his best but was taken off the investigation and sent wherever somebody who knows too much is sent. I do not know what happens. That man lived his life in fear. He is still a policeman but, as Mr. Brecknell also knows, he was sent away somewhere.

Judge Barron phoned me to ask whether I would give evidence. I understand we are not allowed to name people here. However, the names Alec Robb gave my father five days after the incident are the same names as those in this book. I do not know how many murders those people committed. It is all connected to one base at Glenanne. I do not seek the jailing of any of these men. Jailing them will do me no good. All I want to know is that they will not get away with these heinous crimes. They were involved in many crimes apart from those against my brothers. In their statements, they admitted involvement in the Silverbridge massacre. However, they have still not been lifted. Guns belonging to the UVF brought from South Africa were found on their farms. However, when it went to court they were left off. They will never be charged because they were in the pay of the State.

I must give the Historical Enquiries Team the highest praise. They were the most professional officers I have ever met. I told them they were welcome to visit me but that I would not talk to them if they brought police officers. They met with my mother and told her they believed neither the police nor any Government official spoke with her in 30 years. They apologised for the fact that no one acknowledged the loss of her sons. They also apologised for the conduct of RUC and army personnel on the nights after her sons were murdered and confirmed that her sons were innocent victims. They stated they read every note on the matter and not the slightest hint of evidence existed to suggest her sons were involved in any paramilitary group. We always knew that. All we were interested in was football and working.

Ian Paisley stood in the House of Commons and accused me of being a leading republican in south Armagh and organising the Kingsmills massacre. He did that under the privilege of the House. When he was challenged to repeat it outside, he failed to do so. I took him to court on a different matter. I lost the case and was obliged to pay his fees. I was not in very good form about all of that.

Brian was a lovely footballer. He played on the same team in Armagh as Joe Kernan. Joe said that Brian never needed wing mirrors when he was playing football, which was a lovely accolade.

That is all I have to say. There is much more I could add but there is no point in going any further at this stage.

Chairman

I thank Mr. Reavey for that information. I know it is very difficult for him but this is very helpful to us because we are hearing a side of the story that we have not heard before. To date, we have heard about events on this side of the Border rather than on the other side.

Deputy Lynch

I thank Mr. Reavey. This was clearly not easy for him but he has provided us with a backdrop to the events. He has made an invaluable contribution today which — with the exception of those of the victims and relatives — is far greater in value than those made by people who were charged with doing so. Members are very grateful for that and for the background information provided. Clearly, the events had a traumatic and lasting effect on Mr. Reavey and his family.

Senator Cummins

I also thank Mr. Reavey for his moving account of what happened at the time and also what has occurred since. Can Mr. Reavey see any end to this? Does he believe there is any chance that those involved will be charged with the murder of his brothers? Is there an end in sight? Will the Historical Enquiries Team do anything about this case?

Mr. Reavey

I asked members of the Historical Enquiries Team, HET, if they would arrest the people involved and they said they would, once they had all of the necessary information. I told them that I did not believe they would arrest them but they assured me they would because they have powers of arrest up to and equal to those of a chief constable. They said they would arrest them when they had all the information required. They said the picture was wider than originally believed and involved more than the murder of my brothers. They said they did not want to arrest those involved for one matter and miss out on catching them in respect of others.

Those people were allowed to carry on their campaign of murder and I do not believe they will ever be arrested or charged. Somebody sanctioned their behaviour. They were members of the security forces and not just people running about who knew nothing.

Senator Cummins

Does Mr. Reavey think that the sanction came from the top, from the British Government?

Mr. Reavey

I think so, yes.

Senator Cummins

I thank Mr. Reavey.

Senator J. Walsh

I thank Mr. Reavey for his contribution. He appeared before this committee during the hearings on the Dublin and Monaghan bombings and provided very clear evidence. Mr. Reavey's job used to take him to James Mitchell's farm weekly. Subsequent to these atrocities, he was advised to discontinue his visits to the farm for security reasons. While we can all see the reason for this in hindsight, did he have any information at the time why he should not visit the farm?

Mr. Reavey

That is a good question.

Chairman

I remind members of the committee to avoid mentioning names.

Mr. Reavey

We will suspend until 2.30 p.m. If anybody in the remaining groups, who are concerned with the O'Dowds shootings, the Step Inn Bar in Keady, the Rock Bar in Tassagh and the Miami Showband, have problems with time can they speak to Mr. Treacy so that, if necessary, we can rearrange the afternoon schedule accordingly?

Chairman

I welcome everyone to the afternoon session of our hearings on the fourth Barron report. I understand that here has been a slight change in arrangements and that, because of the time constraints involved, Mr. Barney O'Dowd has facilitated some other witnesses.

We are now going to consider the atrocity that occurred at the Step Inn in Keady. To provide some context, Mr. Justice Barron briefly refers to an attack on the Step Inn in Keady on page 97 of his report. As I have said, it is a very brief reference.

We are joined by Mr. Paddy McGleenan, who is very welcome. We thank him for attending. Paddy is the father of Gerard McGleenan. We are also joined by Mr. Malachy McDonald, the husband of Betty McDonald. He is very welcome and we thank him for attending.

I remind witnesses that the terms of reference relate to Mr. Justice Barron's report on the bombing of Kay's Tavern in Dundalk. We are prevented from making any findings or expressions of culpability of any individuals who are not Members of the Houses.

Perhaps Mr. McGleenan would like to tell us about the atrocity in question.

Mr. Paddy McGleenan

On 16 August 1976, we were in our house on St. Patrick's Street in Keady. There was a film entitled "Jaws" showing in Dundalk at the time. All the rest of our family were going to it with friends who were over from England. My son Gerard did not want to go because he had a rough time the previous day playing hurling. He played for the county, Armagh, and for the local club. He had a rough day and he was very sore.

He decided he would go over to Malachy's for a pint before retiring. On his way over there was a flash and, according to people that were on the street, he got down on his hunkers and stayed like that for a while. The entire front of our house was blown in and roof was blown off. My wife and I were in the kitchen with my sister-in-law. Ger came in shouting "Mummy, Mummy, Mummy". They were the last words he spoke. My oldest son, Robert, and a friend carried him out onto the street and he died there. It was a no-warning bomb.

A lady who lived opposite us went down to her son's grave every night as the graveyard was only 100 yards from her house. She had not great eyesight, but a week afterwards she called me and said she saw soldiers in the graveyard, on her way there, when the bomb went off. They did not have English accents. I do not remember much after that except that Malachy McDonald's wife died in that explosion.

It was a no-warning bomb. I heard many a yarn about collusion and such carry on, but no one was ever bothered about it.

About four weeks later a sergeant from the barracks along with another policeman came to take statements from my wife and I. I discovered afterwards that the policeman who wrote the statement was removed from the police force because of something to do with the bomb at the Rock Bar. This happened to a few policemen. I was a bus driver for Ulsterbus for 30 years and he would also be on the buses. He was a good friend of mine because he lived in Armagh and we travelled in the mornings in each other's cars to save petrol and money. I did not know that he was involved in this until I read that he had been put out of the police due to the carry on at the Rock Bar.

That is all I can say. Malachy McDonald may be of more help to the committee than I am.

The lights were off in the street for three nights. I phoned to find out why this was so and was told by whoever answered that it was for security reasons, so I was on the street for the whole week keeping my eye out. Malachy and his wife did the same. At that time, around our part of the country, things were very rough, but we missed the bomb they put at Malachy's pub door. The front of our house was blown down. My oldest son, Robert, was hurt a bit but not too much. He was taken to hospital, then released after a day or so.

That is all I can remember about it.

Chairman

I thank Mr. McGleenan. Can Mr. McDonald tell us something about that affair?

Mr. Malachy McDonald

On 16 August I had workmen in Armagh so Betty was serving in the bar all day. I made a rough outline this morning on the way down. I was back home by around 6.30 p.m. It had been a very warm, sunny day. She came downstairs at around 10 p.m. and there was more than 32 customers in the bar. My wife had just put our four year old second son,Laurence, to bed.

I had borrowed a trailer from Robin, the previous owner. He had not been home earlier so I went to get it. When Betty came down she suggested I call over to him again. I went out onto the street. The street was in darkness, which was unusual. Cars were parked on both sides of the street. I had run across the street about 60 or 70 ft. when I heard the bang. I looked back and heard a second bang go off. I picked myself up from the road and people were running about. I went up and into the yard, it was known as ‘The Back'. There were people coming out. There was a front bar and a lounge and I went down to the lounge and heard somebody shouting that they had lost their eyes. I went down between the public bar and the lounge bar and found Betty lying on the floor. I found out later that she had been pulling a pint for Justin McElvanna.

Laurence was upstairs. I do not know how he got downstairs as he was only four years of age and the staircase was narrow and the door was locked. He got down somehow. Betty was lying with her eyes wide open. She was dead. I picked her up and said an act of contrition into her ear. I still did not know what was going to happen or whether there would be another explosion. I managed to open the front door and Robert Campbell was there. I handed Laurence to him and he took him away. They got Michael Courtney from across the road and he helped me to carry Betty across to their house. Everyone was panicking because they did not know if there was going to be more bombs. I was worried about Laurence; I could not remember where he had gone. Robert Campbell came back and told me that he had him with his children. The doctor came and spoke to me but I would not take anything. The next thing I remember is sitting in a police car with an inspector.

Our other two children, one of seven and one of one and a half years, were down in Wexford on their holidays with their aunt and uncle. I spoke to them. It was a bit hazy after that. I had to borrow the clothes to go to my wife's funeral. I must say that the people of Keady were more than good. I got a letter on the Wednesday morning, most unusual. I think I showed it to Paddy McGleenan. I thought it was from a crank, but I have an idea it came from Sergeant McCaughey; it was a kind of religious thing expressing regret. It was written in small letters and big letters; it was not a straightforward letter. It ran to three pages. I showed it to Canon Moore but he did not think much of it.

My children had no home, no toys, no clothes. To top it all off, there was an inquest in February. The wrong death certificate was issued; the only part of it that was right was the name, Betty McDonald. They wanted me to say that I had given the wrong information. The solicitor tried it, Frank Maguire the MP tried but the only man that seemed to get any joy was Father Denis Faul. An RUC officer, Constable Elder, admitted he just made the thing up. I do not know where he got it from. We then went to the court to see if we could get any compensation. That was completely dismissed; not even an ex gratia payment was made. I thank most people including the convent, the priests of the parish and the people of the parish who — Paddy may not have mentioned this — kindly collected money for the erection of two holy water fonts in the chapel, one for Betty and one for Gerard.

Mr. P. McGleenan

Yes. I forgot about that.

Mr. McDonald

There are good people in the world as well as bad.

The man that Paddy failed to mention — Mitchell — came in to question me that night but Dr. Dorman would not allow him. It was 10 October before they came to me for a statement.

I should also add that trying to get the death certificate rectified — the coroner solicitor was the chairman of the Armagh police board. In his letter — I do not know if I have it here but I have it some place — this troublesome thing should go away I should have signed up to say that I gave the wrong information such as that I am known as Malachy James McDonald but they, and this is in the statement which I got a copy of, they just put down James McDonald. He made a big thing of that but Fr. Faul got that rectified. That is all I have to say.

Chairman

Thank you, Mr. McDonald. I call Deputy Hoctor.

Deputy Hoctor

I welcome the families and thank all of them for their contributions. If I may I will direct my questions first to Mr. McGleenan. I thank him for his contribution. Mr. McGleenan told us earlier that living life was tough in the mid-1970s. Can he elaborate on that in terms of what it was like living there at that time?

Mr. P. McGleenan

It was very bad for the young people because there was nothing other than harassment by the police. In fact, when my two other sons would go to Monaghan on a Saturday night to dance or something, they would be taken into the hut or whatever it was the police were in when they stopped them and they would say, "Was your brother carrying a bomb?" They would ask them if he was carrying the bomb that blew up. They were sort of blaming him for carrying the bomb and that was very annoying to the boys.

Chairman

I thank Mr. McDonald and Mr. McGleenan for attending today.

We will now proceed to the attack on the O'Dowd family. The O'Dowd family lived at Ballydugan, Gilford, County Down. At 6.30 p.m. on 4 January 1976, about 16 members of the family were in the house. Three masked men arrived without warning. One of them had a gun and immediately started shooting. Barney O'Dowd was wounded and three of the male members of the family, who were in the living room, were killed. They were Barry, Declan and Joe O'Dowd. Mr. Justice Barron said the family feels it was targeted because some of its members were workers in the SDLP. In a statement dated 3 January 1999 a former RUC officer, John Weir, alleged that the O'Dowd family had been shot by a named person.

We are joined today by Mr. Barney O'Dowd, who was wounded in the attack and who lost three close members of his family. Thank you, Mr. O'Dowd, for attending. Will Mr. O'Dowd tell us the story in his own words, how he feels and what happened?

Mr. Barney O’Dowd

Yes. It was on the same night as the Reavey family — we lived about 20 miles from them — and about the same time, there was a knock at the door. My wife answered the door and three fellows burst in. They had camouflage of a sort of cheesecloth mask on them. They immediately started shooting and I was shot first, but by the time it was over, my two sons and my brother were dead. My brother had been down visiting us for a new year's party, and his family too. I was rushed to Craigavon hospital and was in intensive care for a week.

After that I was visited by a detective who took a statement from me and asked did I know who shot us. I said, "The man with the gun looked like a certain person in our vicinity". He told me it was not that person but he said he would bring him in for questioning anyhow. He brought this man in for questioning but it was not him. I recovered and came home.

Some time after I came home, this man came out again. There was practically no contact between the police and us but some time after — maybe in June — this detective arrived out with the photograph of a gun and he asked me if I had ever seen anything like that before. This gun to me — I know nothing about guns — was a strange type of gun because it was about that length and had something on the end of it which, it seems, was a silencer. I said it was like the gun that shot us and that he used. He said, "Well, it is not only like the gun that shot you, it is the gun that shot you. It also shot the Miami Showband, it shot Devlins, a family in Tyrone", and some other family he mentioned. I asked, "Where did you get that?". He said, "We got it off a man near Lurgan". I said, "You are going to charge him then are you not". "No", he said, "You identified him as this other man in your vicinity". I said I did not identify him. I said he looked like him in stature and the shape of his face which you could see under the cheesecloth mask.

He said, "This is a hard man. We have had him in before. He is head of the UVF". He did not tell me his name. He said, "He is head of the UVF and we have tried to break him but we cannot". He said, "Even if we did, we could not charge him because the UVF had said that if ever this man was charged with murder, they were going to start shooting policemen the same as the IRA were doing. "Therefore" he said, "our hands are tied; we cannot charge him with the murder of your children".

I left it at that and hoped for some developments, but in the meantime we had decided to leave Northern Ireland to come to Éire, the South of Ireland. We had arrangements made to come to Navan. We rang the local barracks and informed them what we were doing and asked them if someone could come out to talk to us about developments and how we could get in contact and so forth. Two detectives came out. Neither was the original detective who was taken off the case altogether. I think the reason he was taken off the case was that he wanted, personally, to take this fellow out, this head gunman of the UVF. He told me he wanted to take them out and I believe he was genuine.

Regarding the two detectives who came, we brought them in, had a cup of coffee together, started chatting and then started inquiring about what developments there were. They told me I had no right to know what developments there were. They would not answer any questions about the matter. They said that was none of my business; that was their work. Naturally, I dismissed them as quickly as possible. There was no effort made whatsoever to have it investigated. We left Northern Ireland in August then and that was the end of it. We heard no more.

That night when that gang came in, as with the Reavey family, they meant to take out our whole family. As with the Reavey family, we were lucky enough that there were only four of our family present — myself, my brother and my two sons. My son Noel and the other two boys were not at home at the time. This is what it was. It was a calculated attempt to wipe out an entire family.

The only thing that we would have done was support the SDLP and maybe they used our car when there was an election or something like that. As it has been dead now, there has been nothing whatsoever.

Chairman

Does Mr. Noel O'Dowd want to say anything?

Mr. Noel O’Dowd

It is just as my father said. That is exactly what happened. There was no investigation whatsoever. We were completely forgotten about. We went to Navan in August 1976. The first time we got any contact about it was when Paul from the Pat Finucane Centre rang us and we started to get answers then.

The name of this certain gunman was in our knowledge from about 1984. It was quite common knowledge. It has been quoted in the newspapers many times that he was the top man involved. At least we knew that bit.

This was an attack on us. Other people here have been very unfortunate victims. They were people who were in the wrong place at the wrong time. This was actually an attack on our home, as Barney says, to wipe out the entire family. When someone sets out to kill you, it is very hard to take. It is like rabies; you really want answers and to find out exactly where this came from, how far did it go and obviously whether there was local involvement. We lived in a very remote area, down a long lane. The top man from the UVF did not know us from Adam. He had to be brought there.

Mr. B. O’Dowd

He had to have the knowledge on how to get to our place because they did not even use our driveway down to our house. They used a laneway further down the road that led up to our land and came across our field. I think the idea of that would have been that if they had used a car to come down our driveway, it was not wide enough to take two cars and if any other car had been coming down, they would have been jammed.

Mr. McGrath

I was, I was going home and I walked into them. The barman had already shut the door and I could not escape. I was like a rat in a cage. I could not get away. He came with a gun straight at me and never asked who I was.

Mr. McGleenan

Senator Cummins

There was a point into which I wanted to inquire. In all the cases we have had to date, this is the only one in which no one was killed. Luckily, Mr. McGrath was not killed on that night, and it is ironic that this is the case in which arrests were made, charges proffered and sentences, which left much to be desired, handed down. In that context, has the case now been closed? Did the Historical Enquiries Team, HET, question Mr. McGleenan about this incident?

Mr. McGleenan

They questioned me. They did not say what happened with it. As he said, it is a closed case and they might have difficulty doing something with it. However, in his own words, he was completely gobsmacked. He had been a serving policeman for so many years in England. He found it impossible to believe. He said that had I told him this ten years before, he would have thought I deserved to be locked up, since no policeman would do something like that. He found it impossible and just could not believe it, he said.

Even the fifth policeman named in the Barron report was not charged at all. Who made the decision that he was not going to be charged? It is beyond me. I believe it came from high up the chain of command. It even seemed to stretch to the Attorney General who is supposed to have put forward the nolle prosequi.

Chairman

I thank Mr. McGleenan for coming and for providing more insight into the prosecutions or non-prosecutions of various people. I am delighted Mr. McGrath is looking so hale and hearty. Long may he stay that way. I thank him very much for coming.

I ask the witnesses in respect of the Miami Showband case to join us. We welcome Mr. Stephen Travers and Ms Helen McCoy, accompanied by Ms Margaret Urwin, of Justice for the Forgotten.

On 30 July 1975 the Miami Showband played a gig at the Castle Ballroom in Banbridge, County Down. It was one of the most successful bands in the country and had played at various places in Northern Ireland on numerous occasions. The band was well known on both sides of the Border. In the early hours of the morning of 31 July, five members of the band left Banbridge and headed towards the Border in a minibus. Some time around 2.30 a.m. on 31 July the band's minibus was flagged down by a group of armed men wearing army-type uniforms. The driver assumed it was a legitimate checkpoint and pulled into a lay-by. The band members were told to stand outside the van with their hands on their heads. A number of armed men were in the vicinity of the minibus. A few seconds later there was a loud explosion from the rear of the van and two of the armed men were killed instantly. There were then a number of bursts of gunfire. Three persons were killed in the attack, Mr. Francis O'Toole, Mr. Anthony Geraghty and Mr. Brian McCoy. Mr. Stephen Travers was badly injured and Mr. Des McAlee managed to evade the attackers by fleeing across a field.

Two members of the UDR were subsequently charged with murder, were convicted and sentenced to life imprisonment, with a minimum recommendation of 35 years. Subsequently, a former UDR member was charged with the attack and sentenced to life imprisonment. Mr. Justice Barron noted that John Weir, a former RUC officer, alleged that the bomb used in the Miami Showband attack had come from the farmhouse at Glennnane, which was frequented by army intelligence. Mr. Justice Barron drew no particular conclusion in respect of the Miami Showband attack.

I welcome Mr. Stephen Travers, a survivor of the atrocity, as well as Helen McCoy, the widow of Brian McCoy. I call on Mr. Travers to tell us his memories of that event and to raise any other matter he wishes to discuss with us.

Mr. Stephen Travers

It is a very humbling experience to be with these people today. There are a few small inaccuracies in the report that I would like to correct. They may look small, but they are important to me.

I was in the Miami Showband. We played in Banbridge and on the way back from the gig we were stopped by what I believed to be a British army checkpoint. This incident has been reported many times and, because of that, people get things wrong and the inaccuracies perpetuate themselves. The man in charge of that particular operation was undoubtedly a British army officer. The report states that we identified him from the van. Our trumpet player Brian McCoy, who was born and reared in Northern Ireland, who was a member of the Church of Ireland and whose relatives had been in the security forces — his brother-in-law was a member of the B Specials — stood beside me in the line up just before he died. To comfort me, he said, "Don't worry Steve, this is British army". I have no doubt about that. I was told afterwards that the accent I heard and identified as a British accent was put on to confuse us or to give authenticity to the checkpoint. A British army officer would be in charge of a checkpoint like that in nine cases out of ten. When I left school I went to London and became a trainee broker at Lloyds in the City, so I know the difference between a mock British accent and a real one. The accent I heard was definitely that of an Englishman.

When he arrived on the scene, when we were being questioned by the UDR, everybody jumped to attention. This man was in charge. He was a professional and I actually admired him because I thought the whole thing would be done and dusted and we would be away. I have no doubt that this was a British army checkpoint. Everybody I know who was there was a member or part-time member of the UDR, so if it walks like a duck and quacks like a duck, it is a duck. It is my opinion that this was a British army checkpoint. We were told to put our hands on our heads and to give our names and addresses. When this man appeared, he changed the order to give our names and dates of birth, which I know is the proper procedure. He was about a foot away from us, so I had a clear view. The report states that I was shown a picture of him afterwards. It states: "He was shown a photograph of English Army Captain [I do not know if I am allowed to say his name but he is dead] but did not believe him to have been the man at the scene." That is incorrect. I did not say I did not believe. I said I could not identify him. Will you take that into consideration, please?

I was very naive during the interrogation. I really did not take it seriously. I had not been in the band for very long and when I heard them at the back of our personnel van, I thought this was out of order. The only equipment carried in our personnel van would have been our guitars — Tony Geraghty's and mine — which were very personal to us. I took my hands off my head and turned back — a very foolish thing to do — and asked them what they were doing with my guitar. They were in fact planting a bomb in the back of our van. They would have covered it up, perhaps with coats, and told us to be off on our way. It would have blown up and nobody would have known about this checkpoint.

I was concerned about my guitar and they questioned me. They asked me whether there were valuables in this, which I thought was not something that they should ask. I said no and they punched me back into line. I was originally on Brian's left. They punched me back into line and I was now on Brian's right. While they were at this device, it blew up and instantly killed two of these people. They were close enough to be able to push me and yet — I am told a bomb goes off in a sine wave — I am not quite sure if that is correct but they were in the negative part of it. They were taken off the road with shovels afterwards. I was caught as it rose up into the positive side and I was thrown into the air, and shot while I was in the air. I landed in the field and somebody took me underneath my arms and tried to drag me out into the field — I think that was Tony and Fran. I believe Brian had been killed at this stage — he was shot at the same time as me. I collapsed and they ran over to the side of the field. I heard them being killed. I heard them beg for their lives.

After a while there was a second explosion on the road — it was the petrol tank or whatever. I heard a man walk over towards me. He stopped at Brian's body and kicked Brian. He proceeded to walk over towards me. I just kept my face in the grass, looking down, and trying to decide whether I would get up on my knees and beg for my life or just pretend to be dead. For some strange reason, I did the latter. Just as he approached me, somebody on the road shouted, "Come on. Those bastards are dead. I got them with dum-dums." It was the first time I had heard the term "dum-dums". I did not know what they were. He decided to walk away and he did walk away.

Eventually, the police came. I think I heard helicopters first and then I heard the nasal-type voices that would come from walkie-talkies. I thought it was the terrorists back again to finish the job. I stood up. I looked as if I was nine months pregnant. I was bleeding internally and my lung was punctured. I put my hands up and just shouted "Help". I was afraid. Somebody shone a light into my face and said, "Its the police, son." They helped me get over a fence. I wanted to climb it myself but I could not. At the time, we used to wear these platforms, seventies-type shoes. They would not fit into the little lattice wires. I saw Fran in the field but, thankfully, the mind does not allow one to remember those things one should not.

I was taken to Daisy Hill Hospital and, when I was brought into theatre, I was questioned by the medical staff. I got the distinct impression that they were more interested in who we were and what we were doing there than in trying to sort me out. They asked me who we were and what we were doing in the North. I said we had been playing. One of them asked me, rather cynically, "Playing at what?" I believe they thought we were terrorists. However, I believed they knew who we were; I thought the others would have told them. I replied that we had been playing music and they eventually realised we were in a band. They asked me the name and I told them it was the Miami Showband. It seemed then that everything changed; everything swung into operation. I awoke six hours later to see my 22 year old wife who had been brought up from Dublin crying as she looked at me. Those were the events of that night.

Chairman

Would Ms McCoy like to speak?

Ms Helen McCoy

I am a little nervous. I was woken at 7 a.m. that morning by a relative in the North who was looking for Brian. Obviously, he was not there. This man said he had heard there had been an incident close to the Border near Newry involving one of the showbands. He told me not to worry and that it was probably not the Miami Showband. However, I quickly realised Brian should have been home at approximately 3 a.m.

I immediately rang a member of the band's management team. His wife answered the telephone and said there had been an incident, that she had no information but her husband had gone up to investigate what had happened. At approximately 8 a.m. a neighbour came in; he had heard something but did not tell me what it was, asking me instead to turn on the television news. The details of what had happened were announced on the 8 a.m. bulletin, including the names of the three men who had died.

I was totally devastated, left with two small children, one five years old and the other one year and ten months. It was almost two years before an inquest was held. The reason given was the backlog in the North. A death certificate was not issued until the inquest was complete. With neither death certificate nor will, I received no moneys from anybody but I survived with the help of my family. I was in Dublin for eight years but had not worked here because I was rearing my children. As a result, I was not entitled to a pension. I eventually received what was called an EEC pension. The management of the band did not seem to care and said it did not have any money coming in either.

Yes.

Mr. Travers

Chairman

I thank Mr. Travers and Ms McCoy for telling us their stories. It has been an amazing day. We will be putting together the stories we have heard and the evidence given. It cannot but have a profound effect on people's thinking about that period. I hope it will all help to heal the suffering everyone, the victims of these atrocities and their relatives, has endured during the years. I again thank the witnesses whose contributions will be helpful to the sub-committee in its deliberations. They will also be helpful to the nation in trying to comprehend the sense of loss and injustice in order that people will care and something will be done. If we can be of help, I encourage the witnesses to contact the clerk, Mr. Ray Treacy, or his staff.

A number of victims and their relatives were unable to attend today. On behalf of sub-committee members, I express our deep sympathy to them for the suffering they have endured during the past 30 years.

JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN'S RIGHTS (Sub-Committee on the Barron Report) debate - Tuesday, 26 Sep 2006

Public Hearings on the Barron Report.

Mr. James McGuill

Ms Margaret English

Ms Maura McKeever

Ms McKeever

Ms English

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Ms McKeever

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Ms Anna Mone McEneaney

Mr. Thomas Mone

Mr. Mone

Ms Mone McEneaney

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Ms Mone McEneaney

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Mr. Mone

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Ms Monica Hayes

Ms M. Hayes

Mr. Brendan Hayes

Ms M. Hayes

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Ms Ann Brecknell

Mr. Alan Brecknell

Ms Brecknell

JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN'S RIGHTS (Sub-Committee on the Barron Report) debate -
Tuesday, 26 Sep 2006