I welcome members of the family of the late Mr. Joseph Rafferty. I welcome Joseph's sister, Ms Ester Rafferty, Mr. Bart Little, who is married to Joseph's sister Sandra, and Councillor Garry Keegan who would be known to some of my colleagues. They are here to discuss the Rafferty family's campaign for justice following the murder of their brother Joseph in April 2005. We are pleased to have the opportunity to hear from them. I draw attention to the fact that while members of the sub-committee enjoy absolute privilege, the same privilege does not apply to witnesses appearing before the sub-committee. Generally, a number of members of the delegations would make a brief presentation and then members would ask questions.
Garda Investigations: Presentation.
Mr. Garry Keegan
I thank the sub-committee for the kind invitation to attend. On 12 April last year Joseph Rafferty was shot down in cold blood in Ongar, a housing estate in Blanchardstown. Joseph was from the Grand Canal Street area, a stone's throw from here, which is where Esther lives with her husband and other members of the Rafferty family, including Joseph and Esther's parents.
Esther will go into some of the detail. Information packs have been given to some of the sub-committee's members. If anybody does not have one, we have a couple of spare copies here. The pack, which gives the background, was prepared for a recent visit to Washington DC and New York where we met prominent Irish-American politicians.
To cut a long story short, Joseph Rafferty was murdered over a petty grudge. His sister was at a 21st birthday party in the Mont Clare Hotel. People who were at that party went to a house party afterwards where the sister of Joseph and Esther was assaulted. Joseph found out about it the next day and went over to a local thug — who would be well known to gardaí in the area and who is a social nuisance, one of three brothers — and hit him a slap. The mother of this thug, or social nuisance, who is also well known to the Garda, is going out with somebody who is closely associated with the Sinn Féin Party, who the Rafferty family believes is an IRA member and who has close links to the IRA. We must be just a little careful. In a private meeting we would be a little more open about the details on this but this is a public forum. The gardaí involved are Garda Toddy O'Loughlin in Lucan and his colleagues who looked after the Veronica Guerin case. It is the same detective team who are investigating the Rafferty murder.
After Joseph went over to this particular individual and hit him a slap, which was roughly in October 2004, the family started to receive a number of threats. Over a period between October and April, when Joseph was murdered, there were many threats to the family such as hand signs of a gun to knees and stating that the IRA would get him, he would be brought up the mountains in a van and he would be sorted out. Joseph Rafferty did not take it all that seriously but as time progressed the threats got increasingly serious.
There was a serious break-in into Esther's home where she was beaten up, along with her husband and her kids. One of her sons has only recently moved back into the home a year later — he was that traumatised over the whole thing. There is a separate court case over that particular break-in and, therefore, it is sub judice and we cannot go into the details. The chronology of events dovetails or links together in terms of the threats and the murder itself.
When these threats were taking place and after the break-in to Esther's house, the local Sinn Féin representative was told about the details. Esther went to his clinic a number of times. The Sinn Féin representative stated he would do his own investigation and come back to them. He did come back to them and stated that those people had been spoken to, that she had nothing else to worry about and that she should go ahead and report the incident in her home. Up until then they were afraid to report the incident because they thought there would be more intimidation, etc. Unfortunately, Joseph was shot on 12 April. The family knows who committed the murder — the boyfriend of the mother of the three local thugs. The Garda also knows who did it and so do people who are involved in the criminal underworld and other contacts in the republican family.
This is not a witch-hunt for Sinn Féin, locally or nationally. As a matter of fact, most of the Uzell-Rafferty family were Sinn Féin voters and to this day they are not interested in harming Sinn Féin locally, its leadership or anything like that. It is basically that the family believe the murderer of their brother is being protected or shielded, or that the wagons are being circled around the particular individual who murdered their brother, and they want him brought to justice.
The Garda is putting a file together for the Director of Public Prosecutions but that file could be stronger. A certain amount of the evidence is circumstantial. The reason the family has attempted a high-profile campaign is that more people who have information will come forward. Although one guy pulled the trigger, etc., he had accomplices. There was somebody with him on the morning of the murder. Others in Sinn Féin and the IRA had knowledge of this murder in advance and that has been confirmed in the most recent IMC report, not the one published yesterday but the one that was published five or six weeks ago just prior to our visit to Washington DC. The report states members of Sinn Féin-IRA were told about the threats and did nothing about them but they could have prevented the murder.
Ms Esther Rafferty, who is our main spokesperson, and the rest of the family are determined not to let this case go until the perpetrator is brought to justice. The family want the Sinn Féin leadership to put pressure on this individual who is closely associated with the party to make himself available to the Garda and admit the crime he committed. The day that happens the campaign will be over. The judicial system can take care of him after that and, hopefully, he will end up behind bars.
Ms Esther Rafferty
I am Joseph's sister. These people are living in my community and similar communities around Dublin. They threaten people. Many have come forward to tell me about their experiences. Until Joseph's life was taken, I would have heard similar stories but never believed that this happened. My family was subjected to terrorism by the people concerned. At the end of the day, the people who did this are still on the streets. I have to look at the person who threatened Joseph every day. It is disgusting that nothing can be done to take the people concerned off the streets for threatening Joseph and taking this life.
There is no doubt that the man who murdered Joseph is a member of the IRA. An investigation has been conducted by the Garda into this man's background. Sinn Féin councillors have information on my brother's murder. They knew him by his nickname, although I refer to him by his full name. I cannot understand to this day how these people are in politics. They have political responsibilities and they are being paid by the taxpayer. They have information on a murder and they will not come forward. They should not be in their positions. If I had information on anyone's life being taken, I would go to the Garda immediately and, therefore, I cannot understand how the people concerned are allowed to do this.
The person who murdered Joseph is walking the streets because he belongs to the IRA and he is also a Sinn Féin activist. They are covering up for him and they have done nothing whatsoever to help us. Even the Sinn Féin councillor whom I visited on numerous occasions before Joseph's life was taken denied I did so. He subsequently stated in a press release that I attended his office but, at the end of the day, it took him five and a half months to meet detectives in Lucan and give a statement. It was a perfunctory statement and, as the Minister for Justice, Equality and Law Reform stated, it was not worth the paper on which it was written. I hope the sub-committee can do something to help us because it is a hard battle. The McCartney sisters are fighting the same campaign for their brother, Robert. It is a hard campaign to take forward.
We got great support in Washington and were told we had an invitation from the White House to attend on St. Patrick's Day but, according to the Taoiseach, there is nothing he can do. However, I know for a fact he can do something to help us to get to Washington DC. I have my own ideas as to why the Taoiseach will not help us. It is disgraceful because we have come so far with this campaign and we were led to believe he was behind us but it is a kick in the teeth to be told this. Given that he will not help us to take up the invitation, it is the same as saying he is not behind the campaign. He must take sides. One cannot be on the side of both murderers and victims and, therefore, one must take a side. We are the victims and he is obviously not on our side.
I thank Ms Rafferty and Councillor Keegan. Ms Rafferty has outlined her case truthfully and emotionally. I wish that, as a sub-committee, we had powers to intervene or lobby. The strongest power we have is to give the family this forum to make its views known to the Oireachtas.
I know the members of the delegation. Councillor Keegan is a Fianna Fáil representative in my constituency and I have known Ms Rafferty and the family for many years. I have had a number of discussions with the three of them on different occasions. I compliment them on the documentation circulated to the sub-committee. It is comprehensive and succinct and it is helpful to colleagues not familiar with the case.
I concur with the conclusions. I have spoken to a number of gardaí involved in the investigation. They are in no doubt as to who is the culprit. There is a small problem with the quality of the evidence and we are not sure whether the Director of Public Prosecutions will authorise a case. What is required is for the rule of law to prevail and the three witnesses have made it clear this is not a political witch-hunt. It is about the rule of law, people being safe in their own homes and every citizen being held to account for his or her actions. The work of the Oireachtas is set at nought if we enact laws and elect Governments but the Department of Justice, Equality and Law Reform and the police force do not act.
It is important that more publicity should be given to this case. A visit to the White House for the St. Patrick's Day event by the Rafferty family is important because it is a clear way to get publicity. The matter was raised earlier on the Order of Business, which was taken by the Tánaiste. The Minister for Foreign Affairs was sitting beside her and, when the matter was pressed by the leader of the Fine Gael party, the Minister denied all knowledge of the prospective visit. The record will show I interrupted and said it was incredible that the Minister should have no knowledge of the efforts of the Rafferty family to be invited to the White House with many others.
One must question whether the Government is serious about this case and whether political sentiments are interfering with the operation of the rule of law. I am interested in what Deputy Gregory might say because I understand the person suspected of this act lives in his constituency and he may have an interest in this matter. The rule of law should prevail and a prosecution should be initiated. The Sinn Féin leadership should co-operate fully in ensuring there is compliance with the rule of law by the chief suspect, who is a member of both the IRA and Sinn Féin. The rest of the community in which the Rafferty family lives should feel safe that thuggery will not prevail.
Deputy Gregory had indicated his desire to contribute earlier.
I am glad the Chairman made it clear I had offered to speak before Deputy Quinn.
I am interested in the case not because the alleged murderer comes from my constituency, but because it is a good example of a family doing everything it can in the pursuit of justice. I would love to see their example followed by others. We should all have great admiration for what they have done. If it was a member of my family, I would like to think I would do the same until I got justice. I hope the sub-committee will help the family in their campaign in any way possible. I will assist in any way I can.
There was a similar murder in my constituency which I understand was carried out by the Provisional IRA because of a row in a pub. The individual concerned, who got the better of members of the organisation, was subsequently shot dead. There is no doubt about who committed the murder but, unfortunately, there is no evidence, or it was not pursued. I am not sure of the context. It happened at a sensitive time in the peace process. I do not know whether that had anything to do with it. Some of the people associated with that organisation appear to specialise in murdering people who get the better of them in a row.
I hope all those who murdered innocent people are brought to justice. As this is a sub-committee on human rights, and it is a human rights matter, we might be in a position to help, even by contacting the Department of Foreign Affairs and making it more aware of the invitation than it already claims to be.
I welcome the delegation. I was impressed by the presentation of the case. While I have not followed it in great detail, I am aware the significance of the case. As this is a sub-committee on human rights, we are interested in advocating the family's right to justice in order that the case can be brought to a successful conclusion. It is depressing to hear that people who have evidence are not prepared to divulge it. It is similar to what happened in the McCartney case.
While I do not pretend to have greater influence than other members of the sub-committee, following this meeting I will speak to representatives of the Department of Foreign Affairs and the Taoiseach's representatives. I read in yesterday's newspapers that the family had reservations about the Taoiseach's commitment to their cause. I do not think there is any doubt about his commitment to fighting for the family's cause. However, I will use what influence I have in the matter.
I am also Co-Chairman of the British-Irish Inter-parliamentary Body, and among its tasks is to try to promote peace and reconciliation on this island. We must ensure that sanctions are taken against any organisation or political party that is not prepared to play ball in this regard. We must let people know that this type of behaviour is unacceptable. After I leave here, I will use whatever influence I have to try to ensure the family can travel to Washington. While they are looking forward to the trip, they realise it will be an important step in the campaign.
I agree with what my colleagues have said, particularly Deputy Quinn. We should consider every avenue to try to facilitate the family's visit to Washington DC. We are due to meet the United States ambassador shortly. As he cannot get clearance from the State Department to come to the Joint Committee on Foreign Affairs, we have been invited to discuss a number of issues with him. I do not know whether it will be too late to be of practical assistance in this case. We are also due to visit Washington DC. to discuss the Kennedy-McCain initiative for the out-of-status Irish in the United States. This means that the Chairman of the Joint Committee on Foreign Affairs, Deputy Woods, is in continual contact with the United States embassy.
To come to my practical proposal. If it is the case that the Taoiseach is not involved in issuing or facilitating invitations to the White House — there was an indication that an invitation was forthcoming to the Rafferty family — it would be a good idea if the sub-committee asked the Chairman of Joint Committee on Foreign Affairs, Deputy Woods, to contact the ambassador to process the invitation originally issued to the Rafferty family. I propose that the sub-committee should ask Deputy Woods to contact the US ambassador to finish the process. There is no problem if the Taoiseach is not involved, but at least we will have tried to do something about the matter.
I second the proposal.
Is that agreed? Agreed. We will act on the matter as soon as the meeting is concluded.
People will say that their hearts go out to families who have been subjected to these crimes. There are also other families which have been affected in this way. I admire families which take a stand and say that this cannot be allowed to continue, not just for them but for others. The people concerned have shown courage and we should do everything we can to support them.
When will the file which is being prepared for the Director of Public Prosecutions be finalised?
Mr. Keegan
I am not sure. Esther is in ongoing contact with Detective Toddy O'Loughlin. He has not indicated when he will hand over the file. I think the Garda is waiting to try to get stronger evidence.
Ms Rafferty
I spoke to Detective Garda O'Loughlin yesterday and he informed me that the file has gone to the Director of Public Prosecutions. It will take a couple of months to examine the file, which is vast.
The business of the Director of Public Prosecutions is his business. We hope the matter will be brought to a conclusion based on justice and the full facts being brought forward as early as possible.
It is appalling that the person who committed the crime has not been arrested and dealt with by the criminal justice system. I do not understand why a number of murders which have taken place in this city have not been dealt with.
We are all unanimous in that view. It is our fervent wish that justice will prevail and the matter will be concluded.
Would the family like us to do anything else? Can we do anything more that we have not already referred to?
Ms Rafferty
Perhaps members could do something about the trip to Washington DC. We do not want to travel to Washington for the social aspect. We already travelled there for a week, which was difficult. One must go from one building to another to meet officials. We got great support from Irish-Americans. We know the invitation has been extended and that the Taoiseach has just to make the request. It has been confirmed that there is no problem on the US side. It would be welcome if members could help in this regard because it would enhance our campaign, as happened with the McCartney family who travelled to Washington last year because it is a difficult struggle. We are just one family, and this has happened to many other families.
It would be easy to walk away from this campaign. Sometimes one is tempted to lose faith and believe no one is helping. However, I will keep going until I get the person concerned for what he did to Joseph.
Does Ms Rafferty believe it is genuinely important that she and her colleagues are given an opportunity to take their case to the White House?
Ms Rafferty
It would be very important.
The sub-committee has agreed to ask the Chairman of the Joint Committee on Foreign Affairs, Deputy Woods, to speak directly with the ambassador, Mr. Kenny. We will all individually take up the matter with the Taoiseach's office and with the ambassador's office. The committee will make that request to the US embassy.
The Department of the Taoiseach will do everything it can within its power to facilitate some kind of engagement. I am prepared to talk to the family afterwards if that is of any help.
Ms Rafferty
I thank the Deputy.
I thank the Rafferty family for attending. I wish we could provide all the answers and greater hope but we must take this in small steps. The family will note the unanimous support from the members of the sub-committee for their cause. We appreciate their attendance and excellent contribution. I acknowledge this must be very difficult for them but the beacon of justice must be kept shining. The committee will work with the family in whatever way it can. I hope the family's visit to the United States proves possible. The visit in February was very successful and I hope the next visit will be more so. The family may feel free to pursue other issues with the sub-committee if they wish.
The sub-committee went into private session at 1.02 p.m. and adjourned at 1.03 p.m. sine die.