Frame-ups of the Diplock system: Travesties of justice

An Phoblacht/Republican News
June 9, 1994


EARLIER THIS YEAR [1994], the issue of what have become known as miscarriages of justice raised its ugly head again with the massive media coverage given to the acquittal of Paul Hill in Belfast's appeal court for the killing of British soldier Brian Shaw.

Following on from the well-publicised cases of the Birmingham Six, the Guildford Four, the Maguires, Judith Ward, the UDR Four, and Nicky Kelly, a lot of people must have wondered as they watched Paul Hill walk free from the court, were there not many more similar cases among the nationalist community in the Six Counties. Within the community that has borne the brunt of repression and has seen so many of its men and women go to jail, can it really be true that none of them have been framed in the same way as the most famous frame-up cases in England?

Have none of them been convicted on the basis of false and perjured evidence similar to that used against Paul Hill? Have they never been forced to sign concocted statements?

Of course there are victims of frame-ups in jail in the Six Counties. Many of them. The RUC has never had any qualms about fitting up an innocent nationalist.

The Diplock system in essence is a counterinsurgency process. With a corrupt and brutal police force, a lower standard of evidence required and a case-hardened judge sitting without a jury, a conviction is much easier to obtain in a Diplock Court. It is therefore much more difficult to prove a convicted person innocent.

In order for a conviction to be overturned, an innocent person must furnish new evidence or discredit the evidence on which they were convicted. This has proven a difficult problem. For example, in 75-80% of cases it is estimated that the prosecution case has depended wholly or substantially on confession evidence.

However, over the last few years a number of events have come together to change the climate for those campaigning against miscarriages of justice and to give new hope to innocent people languishing in jail.

The first of these was the emergence of the ESDA testing. ESDA (Electro-Statis Document Analysis) is a forensic technique which allows a scientist to read indentations on paper. It is possible for a person to write on the top sheet of a writing pad and for a scientist to read the indentations on the sheet underneath. It is therefore possible to determine whether RUC interrogation notes have been fabricated or parts of them rewritten some time after the interrogation. ESDA testing helped secure the release of the Birmingham Six, the Guildford Four and three of the UDR Four.

A number of prisoners in Long Kesh have asked the RUC to release their original interrogation notes to be ESDA tested. The replies have been devastating to the credibility of the RUC and point towards a massive cover-up.

The second climate-changing event was the incredible list of innocent people (mainly in Britain) released over the past two years. After years of often demoralising work by many dedicated campaigners, the judicial system finally had to own up to blatant travesties of justice. No longer can campaigners be dismissed as crypto-Provos who tell outlandish lies when they say that British justice jails innocent people.

One major lesson from these successful campaigns is that each case must be fought inch by inch. Even though the system is ultimately at fault, overturning a conviction is a painstaking legal task in each individual case. What is also clear, however, is that while the Diplock system remains in place, such travesties of justice will continue.

A large number of cases from the Six Counties have been taken up by civil liberties groups and below we highlight a selection of these.

There is a need for public support and widespread publicity for those wrongly convicted. But for these cases to be properly aired there must be a few ground rules. Firstly, gone are the days of behind-the-scenes influence and cocktail party contacts favoured by figures in the Catholic church, the SDLP and the nationalist middle class. Paul Hill, the Birmingham Six and others know the bankruptcy of that approach. Only through maximum support and publicity will justice be done.

Secondly, there needs to be some kind of impartial, independent body set up to investigate travesties of justice like those mentioned below.

The following list of cases alleging that a miscarriage of justice has occurred was given to the Sinn Fein Prisoner of War Department by the republican prisoners in the H-Blocks at Long Kesh. Sinn Fein is not asking people to automatically believe that these men are innocent just because they say so. What they are asking journalists, civil liberties groups, politicians, the clergy, trade unionists, women's groups and others to do is to begin seriously to call for an independent tribunal where the truth or otherwise of these allegations of a miscarriage of justice can be tested and then everyone will be able to examine the evidence for themselves and draw their own conclusions.

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