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A HIGH COURT judge has dismissed an action aimed at blocking the PSNI’s Deputy Chief Constable Drew Harris from becoming the next Garda Commissioner.
Belfast based researcher Ciaran MacAirt, whose grandmother Kathleen Irvine was one of 15 people killed when a loyalist bomb exploded at McGurk’s Bar in Belfast in December 1971, had asked the High Court to judicially review the Irish Government’s decision to appoint Harris.
In his judgement this morning Justice Denis McDonald said MacAirt had not reached the legal threshold required that would allow the challenge go before a full hearing of the High Court.
No arguable grounds to suggest the action had a prospect of a success had been established, the court found.
The Judge said he had considerable sympathy for MacAirt whose family were among the many victims of the Troubles.
However, the judge said the action was “fundamentally flawed” and could not proceed because it did not seek to challenge, and had ignored the statutory process used to identify and select candidates for the position of Garda Commissioner.
The Judge also rejected all grounds advanced by MacAirt, including that Harris was compromised by the fact that he had signed the British Offical Secrets Act in his role with both the PSNI and the RUC.
The Judge also ordered that MacAirt, whose lawyers argued that no order for costs should be made as the case was brought in the public interest and in good faith, pay the State’s legal costs.
The decision clears the way for Harris to take up his role as Commissioner of An Garda Siochana, which he is due to commence on September 3.
MacAirt is understood to be considering appealing the decision to the Court of Appeal.
The State had opposed the application and argued MacAirt’s action was “unstateable”, “novel” and should be dismissed.
Its barrister Remy Farrell SC argued MacAirt’s case was “nothing more than an expression of an opinion” that the applicant does not agree with Harris’s appointment.
In his proceedings against the Minister for Justice, Ireland and the Attorney General, McAirt had sought various orders including one quashing the decision to appoint Harris as Commissioner of An Garda Siochana.
He also sought various declarations including that the Irish State is obliged to conduct independent investigations murders of Irish citizens where there is credible evidence of collusion.
He further sought a declaration that due to his obligations under the UK’s Offical Secrets Act and his role in the protection of the PSNI, the RUC and other agencies of the UK Harris would be incapable of controlling an independent investigation into the murder of Irish citizens where collusion between loyalist terror gangs and British security forces was alleged.
Gerard Humphreys Bl, instructed by McGeehin Toale Solicitors for MacAirt argued Harris lacked the independence required to be Garda Commissioner due to this role in the PSNI and its predecessor the RUC.
MacAirt said he was shocked by the decision to appoint Harris, says he was written a book about and researched the McGurk’s bombing and is a director of the Charity Paper Trail which supports victims and survivors of the Troubles.
He claimed he has been trying to establish the truth behind the bombing.
The RUC initially blamed it on an IRA bomb being accidentally detonated when in fact the bomb was deliberately planted in the bar by the UVF.
MacAirt claims there was never a proper investigation into the bombing, and claims there was RUC cover-up in regards to what happened.
He claimed his efforts to find the truth have been frustrated by the PSNI, and have been consistently obstructed by Harris.
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MacAirt made some very valid points, the new commissioner can only serve one master.
@prop joe: in the eyes of FFG. Now that the enemy is now Sinn Fein
@Michael Allen: So I assume you’d be equally against a SF Justice Minister.
Crazy to think the worst atrocity in the history of the 26 counties, the Dublin/Monaghan bombings, was carried out by the UVF’s Glennane Gang (a gang armed, directed and protected by the British State and almost exclusively made up of members of the British security forces), and that a man who has gone above and beyond to block investigations into this gang’s activities is now in charge of policing in the 26 counties.
Harris is someone who has used every trick and stunt in the book to thwart investigations into murders carried out by/with the help of, the RUC.
The Historical Enquiries Team was set up to investigate such murders, and was intended to be institutionally independent of the RUC and the PSNI in that it was based in England and had no members who had ever been in either of those forces. It did not have to seek leave from the PSNI in relation to its investigations and it had its own finances. However, most Victims Groups had no confidence in it, and doubted it’s independence. They were soon vindicated in that belief. In 2010, none other than Drew Harris brought the HET in under his control as head of Crime Operations Branch of the PSNI. He removed investigative functions from HET officers; stripped it of the power to arrest and question suspects, he took control of their budget, and he closed down their thematic investigation unit which was cross referencing the individual investigations for links, patterns and systems drawing out the involvement of RUC personnel and wider collusion.
Victims families took the matter to court and Mr Justice Tracey found in their favour and accused Drew accused Harris of an “extreme” abuse of power in trying to cover up collusion. Justice Tracey also stated that this abuse of power by Harris showed that “the state is not genuinely committed” to addressing the concerns of families. Despite all this, Harris made a pledge to defend and protect the reputation of RUC – a totally discredited, sectarian, murderous police force.
To quote Stephen Travers, survivor of the Miami Showband massacre on hearing of the appointment of Harris: “The Fox is now in charge of the hen-house. What a dreadful betrayal of victims who have been consistently blocked and denied access to evidence by his current office.”
@Tír Eoghain Gael:
Another typical Sinn Fein misrepresentation of the facts. Drew Harris was not the Chief Contable during that period. It was Matt Baggot. Drew Harris would not have had the power to bring the HET under his remit, or the power to refuse to. The Judge never accused anyone of of an “extreme” abuse of power. The Judge used the word “extreme” when referring to the unfairness of the treatment give to the Barnard family by the police.
What he did say was: “It has completely undermined the confidence of the families whose concerns are not only still unresolved but compounded by the effects of the decisions taken by the then chief constable,” who as mentioned before was Matt Baggot, not Drew harris.
If you have a valid point to make it shouldn’t require lies and and false quotes to support it
@Michael Allen: So let’s see, I was a first a Fine Gaeler, then a Fianna Fáiler. Now I am an orangeman. One thing is for sure you are consistently a muppet.
You have zero to add to the debate. Go away you od ious little man.
@CrabaRev: Can you quote where I said he WAS Chief Constable? If you re-read my post, you’ll find I stated he was Head of Crime Operations. And it was whilst in this position that he DID bring the HET under his control, in 2010.
And in regards the judgement by Justice Tracey, it related to the fact that in 2010, Harris (referred to in the judgement as ‘the ACC’) wrote a letter to the legal representatives of UVF victims of the Hillcrest Bar bombing, telling them that they would not get an investigation into the wider questions raised by the activities of the Glenanne gang. The families challenged this letter on the basis that it “was in breach of Article 2 ECHR” and the summary of Justice Tracey’s judgement states: “the judge referred to case law which stated that “conspicuous unfairness” amounted to abuse of power. The more extreme the unfairness, the more likely it is to be characterised as an abuse of power. “The unfairness here is extreme” ” The judge also stated ” There is a real risk that this will fuel in the minds of the families the fear that the state has resiled from its public commitments because it is not genuinely committed to addressing the unresolved concerns that the families have of state involvement”.
If you are going to accuse me of misrepresenting facts, you might want to stop posting outright lies.
@Tír Eoghain Gael:
SF “We need a United Ireland”
Also SF “But no damn way could we let a Protestant into a position of power”
@Brinster: So you believe that my objection to Drew Harris being in charge of policing is down to his religion, and not down to his attempts to prevent investigations into allegations of British State collusion with the UVF gang which carried out the largest atrocity in the history of the very state he now leads policing in?
Stephen Travers, of the Miami Showband, has been vocally critical of this appointment. The Glenanne Gang murdered his bandmates. But I suppose he is just being sectarian against Protestants too, yeah?
Are you seriously too cowardly to debate me on the terms of my actual stated objections to Mr Harris? Or are groundless accusations of sectarian motivations the extent of your abilities?
@Tír Eoghain Gael: very well said!
@Tír Eoghain Gael: I never said you said he was Chief Constable. The simple point is that it was the Chief Constable that was the issue here not Drew Harris as you are attempting to imply.
I have read the summary of the judgement and at no stage did the Judge accuse Drew Harris of an abuse of power, extreme or otherwise. I have not posted one untruth. I cannot say the same about you.
Here is the relevant text:
“It remains to be decided then, whether the change of policy of the respondent amounted to an abuse of power. The judge referred to case law which stated that “conspicuous unfairness” amounted to abuse of power. The more extreme the unfairness, the more likely
it is to be characterised as an abuse of power.”
The Chief Costable is defined in the document as “the respondant”
The judge did not say there was an “abuse of power” he said it remained to be decided.”
He did refer to case law which stated that “conspicuous unfairness” amounted to abuse of power. I’ll repeat, because you are a little lacking in basic comprehension, “case law (not the Judge) which stated that “conspicuous unfairness” amounted to abuse of power.”
You deliberately twisted what was actually written to imply something completely different – the very definition of a lie.
@Michael Allen: Your are salivating again Michael.
@Tír Eoghain Gael: “Harris is someone who has used every trick and stunt in the book to thwart investigations into murders carried out by/with the help of, the RUC.“ – Really? Seriously?
There is more than one side to the history of troubles in the north. At least we now know that a SF Justice Minister wouid be completely unacceptable.
@Brinster: Replace Protestant with Unionist and your argument makes perfect sense.
You have to remember you are dealing with knuckle draggers.
@CrabaRev: Of course the respondent is the the CC. He is the CC and so is ultimately responsible for the chance in policy in question. However, the change in policy was outlined in a letter to the families written by Harris, and in the words of the judge, “These changes came about apparently as a result of the decisions of the Chief Constable and the Assistant Chief Constable.” In other words, the decision taken by both the CC and the ACC constituted an “extreme abuse of power”.
I suppose the victims families represented by Relative for Justice, have got this all wrong too, and are just lying shinners? https://relativesforjustice.com/drew-harris-must-resign-in-light-of-glenanne-judgment/
@Peter: Yes “Really. Seriously.” https://relativesforjustice.com/drew-harris-must-resign-in-light-of-glenanne-judgment/
Are the innocent families of the victims of the Glenanne Gang just a gang of trouble making shinners, yeah?
@CrabaRev: Do not try to blame SF, most of the country can’t understand why Harris was given the job of policing the Irish State, is our Gov. trying to stop anymore enquiries especially the Dublin/Monaghan massacres,. Can we expect Harris to look into all that should be & then turn on his ” Friends & Country, I doubt that very much. I don’t trust our Gov. or Harris with this move. It smells.
@CrabaRev: I think we know who you are, crab tree.
@CrabaRev: you are exposed, crabtree. Save your finger tips.
@Peter: to who, Peadar, you great wise one. My ar$e.
@Larry Doherty: Did you just escape from somewhere?
@Tír Eoghain Gael: The point is, you deliberately and knowingly misquoted the summary judgement to support making point that was completely untrue.
@Peter: The loss of two recent ministers of Justice and two garda commissioners says a lot about the calibre of people that held these positions. The Sinn Fein ministers that held office in the Assembly performed well. Of course F.F. and the Blueshirts prostrate themselves over killings by the Republican movement,Yet the Dublin Monaghan bombings are ignored by them. The fact that British sponcered terrorism supported by British intelligence is conveniently forgotten by successive Irish governments.
@CrabaRev: Misquoted? I posted a full exact quote, you halfwit. Tell me this CrabaRev – do you support his blocking of investigations into murder and collusion (as outlined in his 2010 letter to families) and his obstructing of the work being carried out by the HET?
@Tír Eoghain Gael: You misquoted the article. You took an number of quotes, and put them together differently to try to support something that you know was completely untrue. That is misquoting the article. You can call me all the names you like, it doesn’t change the fact that you are completely dishonest.
What I support or not is irrelevant. The point is you are knowingly posting lies on behalf of your party. You are not a private individual posting your opinions as you would like us to believe. If you or Sinn Féin had a valid point to make you would not need to lie.
@CrabaRev: Again, I posted a lengthy quote in full takem directly from the judgement summary, you absolute spoofer. And while I make no secret of my support for SF, I am absolutely not a member of it. If you were familiar with my posts here or on twitter you would know that I have been highly critical of SF when they deserve it. Including on the Drew Harris appointment, as their response to the appoinment has been shamefully weak. If you are going to again accuse me of lying, perhaps stop telling your own lies and groundless accusations that I am not a private citizen.
@CrabaRev: You didnt answer my questions. Do you support his obstruction of investigations into murders and collusion, and do you support his obstruction of the work of the HET?
@Tír Eoghain Gael:
You are a Sinn Féin party account pretending to be an individual, giving their own opinions. There is no reason for me to answer any questions from you or engage in any debate with you, while you are posting here in a completely dishonest manner. I will just keep calling you out on your dishonesty.
@CrabaRev: Any proof for your allegation? Be a good man and post it here for us all to see.
@CrabaRev: P.s. Would a “SF Party account” have recently been tweeting repeated criticism of the party over it’s weak response to the appointment of Drew Harris? Clown.
@Tír Eoghain Gael: “allegations”. you are hilarious. Its patently obvious what you are. I am sure you have been instructed to have deniability. You clearly do not want to admit that you are a Sinn Féin party account. Calling me a “Clown” doesn’t change anything, it just shows you are devoid of intellect, and anything even close to an intelligent response. Away with you now. I would hate to be responsible for you claiming overtime.
@CrabaRev: Are you seriously suggesting that the only way a person can hold views which align with SF views is by actually being a member of SF – and indeed that the only way an account can post views which align with some SF views online is if the account is controlled by the party rather than by an individual?
I’m no SF supporter and I never have been (I’ll only ever vote for either independents or parties which do not employ a party whip on legislative votes and amendments) but your argument here is utterly ridiculous.
@Tír Eoghain Gael: Tir it was a war. In war stuff happens. People die. There was a truce. The war is long over.
Time to move on. Here in Ireland we truly don’t want to relive the past and immigration and EU membership are rapidly changing Ireland and Northern Ireland forever. Dinosaurs will soon be extinct, again.
So Drew Harris in his role.as.the contact point between RUC and MI5 has intimate knowledge of the Dublin Monaghan bombings and who was responsible for killing 33 Irish citizens. But now as Garda Commissioner in the pay off the Irish State he will not be helping the live Garda investigation into the murder of 33 Irish citizens. Ok so…
@Michael Allen: Nonsense
@Michael Allen: Oh – conspiracy. Theory – one presumes!
@Peter: There no conspiracy theory when it comes to MI5/RUC/Loyalist colusions .. it is fact ..
To appoint a former RUC chief as the Garda Commisoner creates its own conspiracy theories ..
@Michael Allen: Freemasonary at its worst.
@Michael Allen: Harris is appointed simply because he is the master of cover up. A skill badly needed by FFG given the corruption the Gardai are mired in.
when the Dublin and Monahan bombings took place Drew Harris wasn’t even in the RUC he only joined in 1983. I for one welcome an outsider heading up the garda here in Ireland maybe bring order to a disfuctional force.
@John Naghten: you for one welcome a man found by a court to have deliberately obstructed and hindered investigations into the killings of dozens, perhaps hundreds, of Irish citizens? Good man yourself
@John Naghten: And as he rose through the ranks he becomes privvy to classified information and is expected to decent the “establishment” at all cost, including obstructing, hindering and killing investigations into collusion between the loyalists and British forces
@Simon Carroll: Defend*
@John Naghten:
@John Naghten: ya cause someday you’ll be happy
@Paul Devlin: These people who are objecting to a previous PSNI Chief Constable becoming Garda Comissioner, and pulling out all the stops to block it, believe we are only a few years away from a united Ireland. And that everything will integrate nice and peacefully.
@CrabaRev: Stephen Travers, survivor of the Miami Showband Massacre, has been vocally critical of this appointment. Can you show me where he has been saying that he “believes we are only a few years away from a united Ireland”? Or is it possible that people have genuine concerns that a man who has a history of obstructing investigations into British State Collusion with the UVF’s Glenanne Gang, is now the head of police in a state where the largest ever atrocity was carried out by said Glenanne Gang?
@Paul Devlin: I hope this man is left alone to give a good result of bringing proper policing to this Country at least he wont be in someone else pockets.
@Alan Scott: “at least he wont be in someone else pockets”
Is that tongue in cheek? The largest atrocity in the history of the state was carried out by the Glenanne Gang – a UVF gang armed, directed and protected by the British State – who’s activities he has obstructed inquiries into at every possible turn. What part of that do you not understand?
@John Naghten: +1 on that.
@CrabaRev: No people are objecting to a former RUC chief and I certainly dont blame them
@Alan Scott: just MI5′s pocket, for life. But then so were a number of other senior Gardai over the years.
@Tír Eoghain Gael: The part that its time to let go and rebuild the two community’s for the well being for everyone . Remember at the top they are big friends and always have been sharing out the loot while the ones at the bottom are still mouthimg off just the way you are doing now
@Tír Eoghain Gael:
You have on numerous occasions said we are only a few years from a United Ireland.
Again, you are using the Sinn Fein tactic of naming victims of the troubles to support and get sympathy for your arguments. You did the same with the three children killed in Ballymoney in the late 1990′s. Their suffering is not yours to manipulate and abuse.
@CrabaRev: Thats a SF tactic? I’ve heard it all now! Of the 3,600 odd victims of the conflict, are there two names used and abused anywhere nearly as often as those of Jean McConville and Jerry McCabe? And as for the “three children killed in Ballymoney”, I’m surprised an authority like you doesn’t know that that they were from Portadown. It was one of the most shocking attacks of the conflict but I suppose why would you know or care of the details when they weren’t IRA victims, eh? P.s. Do you recall why I referenced them? No not to get “sympathy for my arguments” but to condemn tbe recent attacks on Protestant homes in Derry which I said were every bit as evil as the attack in Portadown in 1997. An odd way to score political points as you appear to alledge.
Sure what could go wrong?
His appointment will only be a public admission of what has been going on here since the birth of the state.
Mods will be working very hard on this one
Why didn’t they pick someone from the european mainland?
Mr Harris has proved himself to be a solid policeman. Not a politician or an arse licker like many of our senior Garda where promotion was based on having a friend to smooth your path. I wish Mr Harris the very best and he will hopefully will assist the professional Garda officers who believe in their jobs and get the time servers, bullies and Neanderthals out of the service.
@: Well said
@: How has he “proved himself to be a solid policeman” when a judge described him as having “exercised and extreme abuse of power” in denying an investigation into allegations of state collusion in the murders of their loved ones?
@Tír Eoghain Gael: How many times have you repeated yourself on here .?Once is enough .
@Alan Scott: Yes once should be enough, but people still ignore the comments made by the judge concerning the collusion between the British state and it’s sponcered terrorism.
@Alan Scott: And yet even having been told once that Harris has a history of blocking investigations into murders involving collusion carried out by the group whoch committed the worst atrocity in the history of the state, there as still idiots like you who think he is a good choice for commissioner.
@Tír Eoghain Gael: Again you persist with posting untruths. No judge accused him of exercising an abuse of power that is a complete falsehood.
The question is why are you repeatedly posting lies.
One man’s opinion , not the general populations view ? or is Joe Citizen irrelevant in the Eyes of the State ?
More proof, we are here to serve the few, & of Master & Servant roles are not to be reversed.
An un-flawed process. That’s a good start. Hopefully he excels.
No matter who was appointed the keyboard warriors would not be happy
@Tony Lyons: Neither are the families of victims of RUC collusion happy about the appointment, who have had investigations into the deaths of their loved ones thwarted by this individual. Are they just ‘keyboard warriors’ too, yeah?
@Tony Lyons: Perhaps, bad enough as the Journal can be at times , at least people can give an opinion on whatever subject they choose. Mainstream media including R.T.E have become a propaganda outlet for government and Denis O’Brien.
This is a man that has noting but hatred for nationalists and republicans. The people that welcome come from the exact same cloth why woukd they bring in a man with the history her has. Of course the government again just do what they like as usual.
@jmc1189: If he hated us that much why is he taking the job at a reduced salary
The people got what they clambered for and now don’t want it. Fickle people
complete spurious objections to Commissoner (elect) Harris, some people seem to object because he`s an Ulsterman, ironic since they constantly call for a border poll for a united Ireland, they are hypocrites, these same people (usual suspects) would probably have a heart attack if a united Ireland were ever to come about.
Good luck Mr Harris in your onerous task in reforming An Garda Siochana, The majority of the Irish people are behind you and wish you well.
@Patrick James Walsh: Spurious objections? A judge found him as having exercised an “extreme abuse of power” in his attempts to thwart investigations into state collusion with the UVF gang which happened to have carried out the largest atrocity in the history of the state he now leads policing in. I’d have thought that would rank fairly high up in a scale of seriousness of concern. Odd that you would think seeing that a serious concern is somehow “spurious”.
@Patrick James Walsh: Surley you don’t mean Leo the Republican ( for the moment) or Mickey Martin ( who claimed to be one) would have a heart attack. These two right wing paracites would gladly have us join the commonwealth. A United Ireland certainly will come about. Only problem is will the same paracites who governed the 26 counties and the 6 counties be running it
..Now that’s a cause for heart attacks.
He will also have access to state records. Might out some manners on the gombeens in Leinster House
He’ll be within a year !
@Gerard Heery: gone within a year
@Gerard Heery: I don’t see the point, he may or may not be suitable, he may or may not be a good person, I can’t say, his family roots shouldn’t matter. But he’s coming into that position with too much baggage and controversy and his previous career is bound to carry a shadow.
Wasn’t that the cause of the Garda Mutiny in the 20’s, an ill thought appointment.
Drew Harris seems a decent Christian man. Why ,oh why does he want to immerse himself in a very complicated situation.
I hope that his first order of business is to arm our Garda,
The whole force guards on the beat the lot,
The day of the stick is well and truly past.
I’m delighted that the case to stop Mr. Drew Harris from taking up his appointment as Commissioner of An Garda Siochana has been dismissed. We needed a person from outside Ireland to sort out the mess in the gardai and whats been happening recently is an example. I’m going to celebrate his appointment.
Bravo Drew Harris sort those republicans out
have your say