'He should've been prosecuted in 2020' - Families left with regret at spy evading justice

An army spy operating at the heart of the IRA should have been prosecuted in 2020 – three years before his death.

That prized asset, west Belfast republican Freddie Scappaticci, died in April last year.

For the last seven years a special team of detectives headed by now PSNI Chief Constable Jon Boutcher has been investigating the activities of the master spy.

Scappaticci was in charge of the IRA’s feared and ruthless internal security unit, known as a so-called nutting squad.

During his reign of terror the Provo enforcer was also an agent for the army’s covert Force Research Unit.

Hiding in plain sight online - the revelation that Jon Boutcher believed Scappaticci should have been brought before the courts in 2020 - long before he died.

UTV understands it relates to serious crimes committed by the republican including murder, torture and abduction.

On Operation Kenova's own website, minutes of a meeting held two months after Scappaticci’s own death, contain the top officer’s view and also the trouble back then trying to obtain a death certificate.

Scappaticci wasn’t referred to by name but the code N40.

UTV also understands this will be addressed in Friday's Interim Report.

At that meeting it was noted Mr Boutcher ‘’explained about the difficulties we have experienced in confirming the death of N40 and how warranty was being pursued to obtain the death certificate in order to appease the families and avoid any conspiracy theories.

‘’Following his death, the Interim Report had been amended accordingly. He should have been prosecuted in 2020.’’

Kevin Winters, the solicitor for many of the families, whose loved ones were abducted, tortured and murdered, said this news would come as a huge blow.

Just last week, the Public Prosecution Service, announced the last of its decisions in relation to the Operation Kenova files – the conclusion there was that there was insufficient evidence to prosecute.

Army, MI5, police and IRA suspects had all been under consideration.

On the latest development, a PPS spokesperson said: ‘’ We can confirm that the files submitted to the PPS by Operation Kenova investigators did not contain any recommendations in relation to any suspects reported.

‘’All decisions taken by the PPS in relation to this investigation were reached independently, impartially and in accordance with the Code for Prosecutors.’’

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