HARKNESSING
BACK TO OLD RUC WAYS
Someone once memorably remarked that in politics
there are three categories of lies: "Lies,
damned lies and statistics. " Presumably,
the author of this maxim never had the opportunity
to witness an RUC-PSNI member performing in a
British crown court which dispensed, or more accurately,
dispensed with justice in proceedings against
an Irish Republican. Even the briefest glimpse
at the bail application of Gerry McGeough, as
with tens of thousands of other British crown
court proceedings against suspected Republicans
over the past thirty years, would have revealed
a whole new category of untruth that must stand
alone.
The key RUC-PSNI performer against Gerry McGeough
was Superintendent Harkness, who now appears to
have orchestrated both the stage-managed arrest
of the Independent Republican candidate outside
the election count centre on quarter-century old
charges, as well as the moves to delay and deny
a bail release on those trumped-up charges. Harkness
is thought to have served with the infamous DMSU
divisional mobile support unit, in making his
way up the ranks of the RUC-PSNI. During his election
campaign Gerry McGeough had argued that it was
wrong in principle for any Republican pledged
to remove British forces to back the British crown
constabulary and that in practice the renamed
RUC-PSNI would continue to act as the cutting
edge of British repression. Harkness is exactly
the sort the British crown will task with selecting,
training, and commanding new recruits and ensuring
that such recruits fit the mold of the old RUC.
Many had argued that the arrest had made McGeough's
point more eloquently than his own words. Now
Harkness was about to supply further eloquence.
AMERICA
The initial bail hearing had been adjourned because
of last minute claims by the crown prosecutors
that McGeough had jumped bail in the United States
and was wanted in Germany. McGeough's solicitors
had been forced to request a postponement rather
than proceed without any advance notice that such
a claim would be raised and certainly without
any time to obtain court records refuting such
claims. Harkness apparently provided this information
to the crown prosecutors, who appeared to pass
on anything Harkness said without question, no
matter how improbable or inaccurate
Within a day the defense solicitors had documentary
proof that the claims about America and Germany
had been blatantly untrue. David Lewis, the solicitor
who handled McGeough's case in America had supplied
a formal affidavit attesting that the Tyrone Republican
had been commended by Federal Judge Sifton for
honoring his bail conditions, even being kept
at liberty and allowed to report for a 3 year
sentence that would exceed anything he faced in
the six counties under Stormont Deal limits of
2 years. German authorities also supplied formal
documents notifying him that there were no charges
in that jurisdiction.
It was staggering. It would have taken little
time or trouble in an age of computerized watch
lists for British crown constables or prosecutors
to check with their American and German counterparts
and determine whether Gerry McGeough had ever
jumped bail or faced open charges in their jurisdictions.
Surely there had been sufficient time during the
investigation and planning of the arrest on these
ancient charges to make such an inquiry. Surely
during the extended time when Gerry McGeough was
being interrogated at Antrim barracks, someone
checked. Surely during the days between formal
charges and his High Court bail application, one
of the many constabulary members deployed to arrest
and interrogate Gerry McGeough was directed by
Harkness to check with American and German authorities.
It must be presumed that Harkness and the RUC-PSNI
members under his command would have missed no
chance to unearth grounds which they hoped might
have disqualified McGeough from any bail consideration.
It may well be concluded that Harkness was deliberately,
blatantly and brazenly misrepresenting facts which
were quickly and categorically proven obvious
lies. The RUC may go by an alias but in a court
proceeding against an Irish Republican Harkness
harkened back to the old RUC ingrained habits
setting a tone for those under his command.
CHILDREN
McGeough's solicitors supplied the RUCI-PSNI with
advance copies of the documents to be lodged in
the crown court. Harkness was only beginning.
McGeough's bail sureties had attended the first
court session. Now on the eve of the rescheduled
date, the crown lodged an objection to two of
the men poised to post bail, including McGeough's
election agent. The objection was that the two
men, now respected and prosperous family men,
thirty years ago served sentences in the H-Blocks
of Long Kesh. This was surprising. Former political
prisoners were customarily accepted as bail sureties.
Some who were imprisoned with them are under consideration
for British ministries or places on the crown
Police Board. Now according to Harkness and the
crown prosecutors, the two men were not fit to
forfeit money in the unlikely event Gerry McGeough
jumped bail. Substitutes had to be and were found.
A second RUC-PSNI tactic was shocking. Solicitors
had supplied documents from the local school confirming
the enrollment and attendance of McGeough's three
young children. The RUC-PSNI wanted permission
to visit the school, observe McGeough's children
and perhaps talk to the oldest child. These requests
were angrily refused. First Harkness seemed to
be impugning the honesty of the school officials
and implying that the documents submitted to the
Court were fabricated. More importantly the arrest
of their father and visiting him in crown custody
had a frightening impact on these children of
tender years. Now the same RUC-PSNI constables
wanted to question and perhaps traumatize the
children in order to use their words against their
father's bail request.
The RUC-PSNI also wanted the names and interviews
with the substitute batch of bail sureties. Defense
solicitors, who had originally cooperated on the
assumption that the constabulary was asking in
good faith, now told the crown to take up any
further matters in court.
CONTINUITY
The
defense was now prepared for a contested bail
application unlike that of McGeough's co-accused
Vincent McAnespie who had been granted bail without
objection. However nothing prepared them for what
was to come in scenes in which observers later
described as Harkness appearing like a ventriloquist
while prosecutors seemed to mouth whatever words
he whispered.
The crown began by solemnly alleging that Gerry
McGeough was a member of the Continuity IRA. The
crowd gasped. The claim was nonsense. Republican
Sinn Fein had in fact run a candidate against
Gerry McGeough. The party may well be separate
and independent of the CIRA, but it is hard for
anyone except Harkness to believe that they back
competing candidates in elections. McGeough had
campaigned on a platform that he would enter Stormont
if elected to fight for a united Ireland and oppose
concessions to Paisley. The CIRA presumably like
RSF candidates would subscribe to abstentionism.
The crown next contended that McGeough had been
responsible for killing British troopers in Germany
and might still be under investigation there or
in America. Again an audible gasp sounded in the
courtroom. Documents had been submitted to the
crown and court from the United States and Germany
. Who was to be believed Harkness and the RUC-PSNI
or legal authorities from America and Germany?
Had the crown no scruples about misleading the
court and should they not have done a more credible
job of it?
LAST
GASP
Next the crown claimed McGeough did not live at
the address on Carrick Castle Road and denied
that his children attended the local school despite
all of the evidence including mail, phone service,
church attendance and children's school attendance.
A respected community worker would be called who
attested to knowledge of McGeough's good character
and authenticated his residence.
The last involuntary gasp from those in court
was the loudest . Harkness was asked whether he
had made any attempt to raid for evidence at McGeough's
home. With characteristic RUC-PSNI aplomb Harkness
solemnly recounted that an attempt had been made
to search McGeough's home but that a crowd had
gathered and rioted to prevent the raid.
There were a few things horribly wrong with this
claim beyond the fact that it was fiction. Anyone
who had ever been to McGeough's home would know
that the address is not in Dungannon town but
located in an extremely remote rural area. It
was joked that it would take a week to collect
a large enough crowd to riot and prevent the RUC-PSNI
from making a raid. Moreover how could such heavy
rioting blocking a raid led by Harkness have remained
secret to the press, public and all others except
Harkness?
A bail hearing which was expected to take less
than an hour would take the morning session and
much of the afternoon. McGeough's legal team was
able to demolish the RUC-PSNI objections point
by point with documentary proof trumping trumped-up
crown claims. An exasperated crown judge wondered
aloud if the RUC-PSNI was inept in not documenting
claims imagined to be true or simply proffering
claims it knew to be blatantly false.
Gerry McGeough was released but on restrictions
that would prevent him from going the few miles
needed to buy petrol in Emyvale County Monaghan,
much less publishing his magazine Hibernia in
Drogheda. He faces ancient charges with evidence
collected or manufactured by those under Harkness'
command. He may, if crown prosecutors decide,
face a Diplock Court. The message sent by his
arrest was repeated at his bail application for
those Republicans who failed to hear it the first
time.
You may aspire to a united Ireland, but those
who do so outside the strait-jacket of the British
imposed structures, or who refuse to endorse the
crown constabulary, even if you do so by election
campaigns and peaceful means will be dealt with
by the RUC-PSNI
Meanwhile, next week Republicans will mark Easter,
reading the Proclamation of 1916, remembering
those who sacrificed their lives to make its ideals
a reality and for some wondering when we will
see an Ireland where patriots like Gerry McGeough
need never again face British repression.
