Kenova shows state and IRA were ‘co-conspirators in murder’, lawyer says

Kevin Winters, who represents 12 families directly impacted by the report, said there now needed to be a public inquiry.
Solicitor Kevin Winters, at the offices of KRW Law in Belfast, speaking to the media on behalf of his clients following the publication of the Operation Kenova Interim Report into Stakeknife (Liam McBurney/PA)
PA Wire

The Operation Kenova investigation has shown that the state and the IRA were “co-conspirators” in the murder of citizens, a lawyer representing a number of Troubles victims has said.

Kevin Winters, who represents 12 families directly impacted by the report, said there now needed to be a public inquiry into the state level of penetration of the IRA.

Mr Winters added that Freddie Scappaticci was “not the only Stakeknife”.

Operation Kenova investigated the agent known as Stakeknife.

The interim findings of the investigation said the Army spy operating at the heart of the IRA during the Troubles in Northern Ireland probably cost more lives than he saved.

Mr Winters delivered a statement in Belfast, following consultation with his clients who are impacted by the Kenova findings.

He said the report was a “damning indictment on the state”.

Mr Winters added: “The staggering takeaway message is that the state could have and should have intervened to save lives.

“That this didn’t happen is legally and morally reprehensible.”

The lawyer said this pointed to the existence of a “macabre joint enterprise” between the security services and terrorists.

We are left with the horrendous conclusion and takeaway message that both the state and the IRA were co-conspirators in the murder of some of its citizens

Kevin Winters

He added: “We are left with the horrendous conclusion and takeaway message that both the state and the IRA were co-conspirators in the murder of some of its citizens.”

Mr Winters said many victims had wanted to see Scappaticci named in the Operation Kenova report.

He said: “The decision not to name Fred Scappaticci as the agent Stakeknife has been difficult for many to accept.

“The legal and technical rationale for doing so will be lost upon many people, particularly next of kin of those murdered.”

He added: “The report does make it very clear, by inference or otherwise, that Scappaticci was the agent Stakeknife.

“But for many it is important to see his name, as it were, go up in lights as Stakeknife.”

Mr Winters said there was now an “overwhelming case” for the Government to depart from its policy of NCND, neither confirm nor deny, which prevents the identification of agents.

He added:  “The (Kenova) report calls for apologies all round.

“Respectfully, for some families this does not really cut it.

“In some ways it represents a soft landing.

“As an alternative, we say the report actually signposts a way forward for a full public inquiry into state penetration of Belfast PIRA ISU, internal security unit, during the conflict.”

He added: “It is over-simplistic and naive to assume that Fred Scappaticci operated as a lone agent.

“It is misleading to assume that he presents as the apex of British state collusion inside the IRA at this time in the conflict.

“Many of the cases investigated by Kenova do not feature Fred Scappaticci at all.

“He was not the only Stakeknife.

“Today’s report does not end the Stakeknife saga.

“On the contrary, it signposts the need for further probing.”

Mr Winters said the report had also put to bed the “myth that agents like Fred Scappaticci saved lives”.

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