MI5 delays in handing over ‘Stakeknife’ files to Kenova is latest example of the system failing Victims and their families

The latest revelation that MI5 only notified the Kenova investigation of the existence of yet more  Stakeknife files as recently as July 19th may not come as a surprise to many, but it will certainly add to the anger and hurt of families affected by the activities of PIRA’s ‘nutting squad’.

It des not appear that these new documents will increase the prospects of prosecutions taking place nearly eight years after Kenova was established and 15 months after the death of the chief suspect, Fred Scappaticci, but it does beg the question once more of how the new Northern Ireland Secretary, Hilary Benn, will seek to pursue Legacy cases. What new options will he include in the expanded role envisaged for the Independent Commission for Reconciliation and Information Recovery and will he include a Truth Recovery Process?

Boutcher slams MI5 after previously undisclosed Stakeknife files are revealed

EX-POLICE OMBUDSMAN O'LOAN BRANDS IT 'APPALLING' AND 'DISGRACEFUL'

Kurtin Reid, Belfast Telegraph, August 8th, 2024

PSNI Chief Constable Jon Boutcher has said it is “unacceptable” MI5 is providing material to the Operation Kenova investigation so long after all documents were requested. MI5 has also been accused of betraying the victims of Stakeknife after it emerged hundreds of documents on Freddie Scappaticci, the Army's top agent in the IRA, were only handed over to investigators weeks ago.

Kenova head Sir Iain Livingstone has written to Secretary of State Hilary Benn over the new files.

Operation Kenova was launched in 2016 by Mr Boutcher. Last night he 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 cooperating 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.”

In his letter, Mr Livingstone said he was informed of the initial find on April 8 this year, with further files subsequently being discovered. The most recent notification was made on July 19. Mr Livingstone added: “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 DPP NI 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 DPP NI in their work, as well as for any implications for the accuracy of the Kenova interim report. This work continues.

“From the due diligence carried out, our initial assessment is that the files contain significant new material which appears to point to new investigative leads not previously known.

“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.”

The interim report was published five months ago. It found that Stakeknife's activity as an Army spy probably cost more lives than it saved.

Former Police Ombudsman Baroness O'Loan told the Belfast Telegraph: “I think it's appalling, it's disgraceful, having had eight years to produce information to the inquiry, and just months after interim findings, to produce all this additional material and after the DPP declaring there would be no prosecutions.

“I haven't seen the information, but it does appear to cast doubt on some of the information that has been received and when the security services knew about Stakeknife's activities.

“It's a grave situation, with significant concern.”

Shortly before the publication of the interim report, the families of Scappaticci's victims were briefed by Operation Kenova investigators.

Baroness O'Loan added: “It must be devastating for the families, because they have been provided with individual reports on their own cases — that were based on the information that MI5 supplied and on the basis of the assurance MI5 gave them.

“I think they will be traumatised by this, it's a betrayal of the families. It's deplorable.”

MI5 kept hundreds of pages from Stakeknife probe team

Connla Young,  Irish News, August 8th, 2024

THE man leading an investigation into the activities of former British agent Freddie Scappaticci has voiced “great concern” after it emerged that MI5 failed to disclose hundreds of pages including “significant new information”.

In March Operation Kenova published a detailed interim report into the activities of the Belfast man known by the codename Stakeknife. It is understood that hundreds of pages were not handed over to the investigation, which began in 2016 and considered more than 100 murders and abductions.

A full and final report was expected to be made public next year.

In 2003 Stakeknife was identified as Scappaticci, a former commander of the IRA’s ‘internal security unit’ who has been linked to several murders. Also known as the ‘Nutting Squad’, it was responsible for hunting down and killing informers. Scappaticci worked for the Force Research Unit, an intelligence gathering branch of the British army. He died of natural causes last year.

Kenova submitted 28 prosecution reports relating to 35 individuals to the Public Prosecution Service but no action was taken in any case.

Sir Iain Livingstone, who replaced PSNI chief constable Jon Boutcher as head of Kenova last year, raised concerns in a letter to Secretary of State Hilary Benn, whom he met last week.

“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 DPPN (Director of Public Prosecutions of Northern Ireland) 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,” he wrote.

Sir Iain wrote that he has ordered that the new material be closely examined. He said: “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.”

He described some of the new information disclosed as recently as July 19 as “significant”.

“From the due diligence carried out, our initial assessment is that the files contain significant new material which appears to point to new investigative leads not previously known,” he said.

“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.”

Sir Iain said the new disclosure raises questions about some information in the interim report, including about when MI5 says it became aware of Stakeknife’s existence.

It has previously been reported that MI5 only became aware of Scappaticci when it was asked to resettle him after he was exposed.

“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,” Sir Iain wrote.

“This includes information provided by the security service around the dates when they became aware of the agent Stakeknife.”

A spokeswoman for the PPS said Operation Kenova intends to share the newly disclosed material.

“The purpose of the PPS’s involvement is to assist Kenova in their consideration of matters that may be relevant to their final report. In line with the Northern Ireland Legacy Act, no fresh prosecutorial decisions can be taken on the basis of reports submitted by Operation Kenova,” she said.

Mr Boutcher said it was “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”.

“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,” he said.

Hundreds of confidential MI5 documents relating to Stakeknife discovered after inquiry ended

Seanín Graham, Irish Times, Wed Aug 07 2024

The head of a £40 million investigation into the activities of the British army’s top IRA spy in Northern Ireland has expressed “great concern” about the discovery of previously undisclosed intelligence by MI5 – that was never shared with the inquiry. 

Iain Livingstone, who oversees Operation Kenova, has written to Northern Secretary Hilary Benn after his team was alerted to the emergence of hundreds of confidential documents in April – a month after its seven-year interim inquiry report was published in March.

 The damning report into the high-ranking double agent, Stakeknife – widely regarded as west Belfast man Freddie Scappaticci - found more lives were lost than saved as a consequence of his activities during the Troubles.

Mr Scappaticci, who died in 2023, headed up the IRA’s notorious internal security unit (ISU) or nutting squad during the 1980s.

He was not named in the report due to a UK government policy of “neither confirm nor deny” (NCND) relating to sensitive intelligence issues.

 He has been linked to at least 14 murders.

 The new MI5 documents contain “significant new material which appears to point to new investigative leads not previously known”, according to Mr Livingstone.

 No one was prosecuted after more than 20 files relating to 35 individuals – including former British army soldiers and alleged IRA members – were sent by the Kenova team to the North’s Public Prosecution Service (PPS) due to “insufficient evidence”.

The interim report laid bare the role of a specialist British army unit and RUC special branch in “withholding information from and about their agents” with the result that “very serious criminal offences, including murder, were not prevented or investigated when they could and should have been”.

In a statement released on Wednesday, Mr Livingstone confirmed he has consulted with PPS director, Stephen Herron. He also met Mr Benn last week.

 Families whose loved ones’ deaths were linked to Stakeknife and who took part in the Kenova investigation have been informed of the latest development.

 It is understood that MI5 told investigators the material was unearthed while its archive was being digitised.

 Further discoveries were made in July and searches are ongoing.

 The files “do 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”, according to Mr Livingstone.

 “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,” he wrote in his letter to Mr Benn.

 He added: “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.”

 The final Kenova report is expected to be published early next year.