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08/08/2024
Concerns Raised Over Late Disclosure Of Operation Kenova Files
Senior officials have raised concerns over M15's handling and disclosure of information and documents to the Operation Kenova Team.
Both Sir Iain Livingstone, the Officer in Overall Command of Operation Kenova, and PSNI Chief Constable, Jon Boutcher, have raised the issue after "previously undiscovered material" was sent to the investigation team in late July, some eight years after the investigation was first launched
In a letter to NI Secretary of State, Hilary Benn, Sir Iain said: "It is of great concern that further material continues to be given to Operation Kenova by MI5 nearly eight years after Operation Kenova commenced; after all the DPPNI determinations in the prosecution reports have been made; following the publication of the Operation Kenova Interim report; and a matter of weeks before the introduction of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
"I have directed that the new information be analysed and checked for evidence and information that could have assisted both Operation Kenova and the DPPNI in their work, as well as for any implications for the accuracy of the Kenova Interim Report. This work continues."
Sir Iain went on to highlight that an initial assessment of the files revealed that they contained "significant new material which appears to point to new investigative leads not previously known".
He concluded: "Importantly the material does not indicate further murders of individuals that involved the agent Stakeknife and as such no further deaths would fall into the Operation Kenova Terms of Reference based on the now disclosed material.
"However, the material does appear to cast doubt on some of the documents and witness evidence obtained by Kenova and some statements made in the Interim Report. This includes information provided by the security service around the dates when they became aware of the agent Stakeknife."
In a official statement on the issue, PSNI Chief Constable Jon Boutcher said: "It is unacceptable that MI5 continue to provide material to the Operation Kenova Team so long after they undertook to have given full access to Kenova of all the material they held about the agent Stakeknife. My interim report highlighted a number of issues in obtaining information from MI5 and I reported the similar experiences of Lord Stevens, Judge Cory and others who each called out the unacceptable practices of those not co-operating with and withholding information from legacy investigations.
"The fact that this information continues to be provided to the Operation Kenova Team after the Public Prosecution Service have directed on the files submitted to them will cause further upset to the families who had already waited many years to find out what happened to their loved ones.'
Mr Boutcher added that he was "confident" Sir Iain and the Operation Kenova Team would ensure all the material was fully assessed and determine if any further direction is necessary.
He added: "I very much look forward to his final report that will comment more fully on these most recent disclosures. I have a huge respect for our intelligence agencies as they work tirelessly to keep society safe however, I remain concerned that where matters relating to Northern Ireland's legacy are involved there continues to be an unhelpful protectionist approach to disclosure. This results in wild conspiracy theories and inaccurate reporting about legacy cases."
Mr Boutcher concluded: "I want to personally reassure the families who have put their trust in the Operation Kenova that Sir Iain and his team will do everything necessary to analyse the material for any new evidence."
Both Sir Iain Livingstone, the Officer in Overall Command of Operation Kenova, and PSNI Chief Constable, Jon Boutcher, have raised the issue after "previously undiscovered material" was sent to the investigation team in late July, some eight years after the investigation was first launched
In a letter to NI Secretary of State, Hilary Benn, Sir Iain said: "It is of great concern that further material continues to be given to Operation Kenova by MI5 nearly eight years after Operation Kenova commenced; after all the DPPNI determinations in the prosecution reports have been made; following the publication of the Operation Kenova Interim report; and a matter of weeks before the introduction of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
"I have directed that the new information be analysed and checked for evidence and information that could have assisted both Operation Kenova and the DPPNI in their work, as well as for any implications for the accuracy of the Kenova Interim Report. This work continues."
Sir Iain went on to highlight that an initial assessment of the files revealed that they contained "significant new material which appears to point to new investigative leads not previously known".
He concluded: "Importantly the material does not indicate further murders of individuals that involved the agent Stakeknife and as such no further deaths would fall into the Operation Kenova Terms of Reference based on the now disclosed material.
"However, the material does appear to cast doubt on some of the documents and witness evidence obtained by Kenova and some statements made in the Interim Report. This includes information provided by the security service around the dates when they became aware of the agent Stakeknife."
In a official statement on the issue, PSNI Chief Constable Jon Boutcher said: "It is unacceptable that MI5 continue to provide material to the Operation Kenova Team so long after they undertook to have given full access to Kenova of all the material they held about the agent Stakeknife. My interim report highlighted a number of issues in obtaining information from MI5 and I reported the similar experiences of Lord Stevens, Judge Cory and others who each called out the unacceptable practices of those not co-operating with and withholding information from legacy investigations.
"The fact that this information continues to be provided to the Operation Kenova Team after the Public Prosecution Service have directed on the files submitted to them will cause further upset to the families who had already waited many years to find out what happened to their loved ones.'
Mr Boutcher added that he was "confident" Sir Iain and the Operation Kenova Team would ensure all the material was fully assessed and determine if any further direction is necessary.
He added: "I very much look forward to his final report that will comment more fully on these most recent disclosures. I have a huge respect for our intelligence agencies as they work tirelessly to keep society safe however, I remain concerned that where matters relating to Northern Ireland's legacy are involved there continues to be an unhelpful protectionist approach to disclosure. This results in wild conspiracy theories and inaccurate reporting about legacy cases."
Mr Boutcher concluded: "I want to personally reassure the families who have put their trust in the Operation Kenova that Sir Iain and his team will do everything necessary to analyse the material for any new evidence."
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