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12/03/2010
Hamill Inquiry Says 'Reconsider' RUC Case
The Robert Hamill Inquiry has published a brief interim report today.
It recommends that the Public Prosecution Service should look again at an earlier decision not to pursue a case against an ex RUC officer.
The NI Director of Public Prosecution's decision was taken in March 2004 to discontinue the prosecution of former Royal Ulster Constabulary (RUC) Reserve Constable Robert Atkinson for conspiracy to pervert the course of justice.
Mr Atkinson was one of four police officers who were in a RUC Land Rover close to the scene of an attack on Robert Hamill in Portadown in the early hours of 27th April 1997 when Mr Hamill suffered severe and later fatal head injuries in the assault.
He died 11 days later without regaining consciousness.
The Inquiry's interim report, which was delivered to the Secretary of State for Northern Ireland on 29th January, makes its recommendation on the basis solely of the Inquiry's concerns about the need to take into account all matters available which are relevant to making a decision whether or not to prosecute.
The report does not comment on the merits of the original prosecution nor on what conclusion might be reached after any reconsideration.
The Inquiry operates under the terms of the Inquiries Act 2005 which contains a provision for public inquiries to deliver an interim report
A spokeswoman for the Inquiry said: "The Inquiry Panel is conscious of the desire for public inquiries to produce their reports with due expediency. The Panel was therefore anxious that this important recommendation should be delivered to the Secretary of State at the earliest opportunity.
"The Inquiry has published its interim report at the invitation of the Secretary of State for Northern Ireland.
"Although it is impossible at this stage for the Inquiry to provide any firm date for the delivery of its final report, it hopes to complete it within the next 12 months," the spokeswoman said.
SDLP Upper Bann MLA Dolores Kelly has welcomed the call: "This issue goes right to the heart of the case. It was not just a matter of how Robert Hamill was kicked to death by a sectarian mob within sight of up to four RUC officers.
"The real scandal happened in the hours, days and months after, when the police failed utterly to investigate the murder.
"This recommendation is itself a vindication of the strong stance of the Hamill family, but it is also a very sharp criticism of the PPS, coming on top of a string of other poor decisions.
"One of the first issues on the incoming Justice Ministers' desk must be the lack of accountability of the PPS and the damage this is doing to public confidence in the whole justice system," she said.
BBC NI has since reported that "the PPS would review the decision as to prosecution made in respect of Mr Atkinson, as recommended by the inquiry in its interim report".
See: www.roberthamillinquiry.org/
(BMcC/GK)
It recommends that the Public Prosecution Service should look again at an earlier decision not to pursue a case against an ex RUC officer.
The NI Director of Public Prosecution's decision was taken in March 2004 to discontinue the prosecution of former Royal Ulster Constabulary (RUC) Reserve Constable Robert Atkinson for conspiracy to pervert the course of justice.
Mr Atkinson was one of four police officers who were in a RUC Land Rover close to the scene of an attack on Robert Hamill in Portadown in the early hours of 27th April 1997 when Mr Hamill suffered severe and later fatal head injuries in the assault.
He died 11 days later without regaining consciousness.
The Inquiry's interim report, which was delivered to the Secretary of State for Northern Ireland on 29th January, makes its recommendation on the basis solely of the Inquiry's concerns about the need to take into account all matters available which are relevant to making a decision whether or not to prosecute.
The report does not comment on the merits of the original prosecution nor on what conclusion might be reached after any reconsideration.
The Inquiry operates under the terms of the Inquiries Act 2005 which contains a provision for public inquiries to deliver an interim report
A spokeswoman for the Inquiry said: "The Inquiry Panel is conscious of the desire for public inquiries to produce their reports with due expediency. The Panel was therefore anxious that this important recommendation should be delivered to the Secretary of State at the earliest opportunity.
"The Inquiry has published its interim report at the invitation of the Secretary of State for Northern Ireland.
"Although it is impossible at this stage for the Inquiry to provide any firm date for the delivery of its final report, it hopes to complete it within the next 12 months," the spokeswoman said.
SDLP Upper Bann MLA Dolores Kelly has welcomed the call: "This issue goes right to the heart of the case. It was not just a matter of how Robert Hamill was kicked to death by a sectarian mob within sight of up to four RUC officers.
"The real scandal happened in the hours, days and months after, when the police failed utterly to investigate the murder.
"This recommendation is itself a vindication of the strong stance of the Hamill family, but it is also a very sharp criticism of the PPS, coming on top of a string of other poor decisions.
"One of the first issues on the incoming Justice Ministers' desk must be the lack of accountability of the PPS and the damage this is doing to public confidence in the whole justice system," she said.
BBC NI has since reported that "the PPS would review the decision as to prosecution made in respect of Mr Atkinson, as recommended by the inquiry in its interim report".
See: www.roberthamillinquiry.org/
(BMcC/GK)
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