PPS say no prosecutions after latest consideration of Stakeknife files
There will be no prosecutions following the latest consideration of files from Operation Kenova, a major investigation into the agent known as Stakeknife.
The investigation probed the activities of the agent who operated within the Provisional IRA’s notorious “nutting squad”, interrogating suspected informers during the Troubles.
Kenova examined crimes such as murder and torture linked to Stakeknife and the role played by the security services, including MI5.
The Public Prosecution Service has said it has carefully considered five files concerning 16 individuals which included one police officer, six military personnel as well as alleged members of the IRA.
In a statement on Wednesday 6 December, the PPS said it has concluded there is insufficient evidence to provide a reasonable prospect of conviction for any of those reported.
In total the PPS received 26 files in relation to the operation.
In October 2020, it said a decision had been taken not to prosecute four individuals reported, and earlier this year it announced a formal no decision outcome in relation to 10 of the files as they contained just one suspect who died in 2023.
West Belfast man Freddie Scappaticci, who was alleged to have been Stakeknife, died in 2023. He had always denied the claims.
Decisions in relation to 21 individuals across 10 further files are expected to be announced in early 2024.
The latest announcement relates to one police officer and six military personnel in connection with allegations of perverting the course of justice and misconduct in public office.
The most recent set of files also related to several other investigations - including murder, conspiracy to murder and false imprisonment - from 1980 to 1990 involving civilian suspects.
Victims and families connected to the files have received a detailed explanation for the decision and he PPS have offered to meet to discuss the information provided.
Director of Public Prosecutions Stephen Herron said the decisions were taken independently and impartially by an experienced team of senior prosecutors, assisted by independent counsel.
He said: “I acknowledge that today’s decisions will be a reminder of the painful and harrowing circumstances of how some Operation Kenova families lost a loved one, and we are seeking to minimise any further trauma caused by revisiting these cases publicly.”
“I can assure victims, families and the wider public that all prosecution decisions were taken carefully, impartially and wholly independently.
“The challenges in prosecuting legacy cases are well known. The events with which these decisions are concerned took place several decades ago and the witness and forensic evidence available was limited.
“A significant body of the material that prosecutors considered included intelligence records. For reasons which we have sought to explain in detail in the public statement, it was not possible to use this material in these cases in order to bring prosecutions.
“Such material may, however, allow Operation Kenova to form a view as to what happened in particular cases and in providing answers to the questions that families may have about the circumstances in which they lost their loved one.”
Operation Kenova was formerly led by the now PSNI Chief Constable Jon Boutcher. He submitted the report but has since recused himself from the process since his appointment as chief constable.
Head of Kenova Sir Iain Livingstone acknowledged the PPS decisions.
He added: "It is important to clarify that the individuals being considered for prosecution in these files were supplementary to the main focus of the operation - the activities of an alleged army agent codenamed Stakeknife. "Kenova considers that we have gathered strong and compelling evidence in relation to that individual. Such evidence has been passed to the PPS and will form the basis of our interim and final reports. "We recognise that legacy investigations and prosecutions can be extremely challenging, but I understand that for a number of people today’s decisions will be disappointing. We have spoken to the families affected by these decisions to reaffirm our absolute determination to deliver the truth regarding what happened to their loved ones. In cases such as the ones today, where there are to be no prosecutions, Kenova intends that the truth will be established through our interim, final and family reports." "The PPS is yet to make decisions on the remaining 10 files in relation to Operation Kenova (Stakeknife), and further files relating to other Kenova investigations."
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