Allister challenges First Minister over Kelly
04 July 2008
Following revelations in the Robert McCartney murder trial, TUV Leader, Jim Allister MEP has called on the First Minister to initiate steps to remove Gerry Kelly as a Minister in OFMDFM.
During evidence before Mr Justice Gillan it was alleged by a Crown witness that he had 4 to 6 meetings with the IRA and that these were facilitated by Gerry Kelly. The Judge, in consequence, spoke of the possibility that his evidence may have been influenced “or indeed even directed by the IRA”.
These findings have caused Mr Allister to suggest to Peter Robinson that Kelly should be removed from office. In the course of his letter the MEP wrote:-
Dear First Minister,
As I expect you will be aware, one of the reasons Gillan J acquitted those charged in the Robert McCartney murder trial was the fact that the IRA had held meetings with two of the three chief Crown witnesses.
He spoke of the witness Gowdy having had “lengthy meetings with the IRA before gaining their “approval” to speak to the police. I must be wary therefore lest he is merely repeating a version of events which he has been instructed to relate or has been influenced by that unlawful group.” He went on to say of this witness, “I am absolutely satisfied he is not telling the truth about the extent of his knowledge of the events both in the bar at Magennis’s and more importantly in Market Street that night.” The Judge proceeded to amplify several instances where Gowdy was not telling all he knew, saying, “I harbour a grave suspicion that he hid behind the mask of memory loss in order to be selective about those that he chose to name.”
Having referred to Gowdy meeting the IRA between 4 and 6 times, Gillen J felt compelled to conclude “there exists the possibility that his evidence, including identification of the people he has named, may have been influenced or indeed even directed by the IRA. At the very least there must be a real possibility that his evidence has been through a sieve orchestrated by this unlawful organisation.” He also expressed concerns about the effect of meetings between the IRA and the witness Devine.
It is clear, therefore, that the IRA’s malevolent meddling in this case polluted and perverted justice. The immediate relevance for you, First Minister, is that in evidence it emerged that one of the Ministers in OFMDFM, Kelly, played a role, at least in securing, these meetings between the unlawful IRA and these Crown witnesses.
I will assume you would be disapproving of such behaviour, the question, though, is what you intend to do about it? Do you propose to carry on as if such had never happened or will you take steps, either under Section 30 of the Northern Ireland Act 1998, or otherwise, to have Kelly removed? Surely, you cannot turn a blind eye to this matter?
Yours sincerely,
Jim Allister QC MEP
Commenting further Mr Allister said, “The McCartney trial not only underscores why Sinn Fein must never be let anywhere near policing and justice, but the possible perverting of the course of justice by the IRA raises fundamental questions about the fitness for office of the one said under oath to have facilitated such meetings between a Crown witness and the illegal IRA. You can’t be associated with such murky activities one day and fit for government office the next. Herein is the lunacy of IRA/Sinn Fein in government.
Section 30 of the 1998 Act provides a mechanism for the removal of Ministers.
The challenge now for the First Minister is will he act or turn a blind eye.”
