THE MURDER OF BRIAN STEWART
This long overdue story is in response to my Mother's
dying wish of clearing my murdered brother's name.
His name was Brian and he was thirteen on the day
he was murdered. He was buried on his fourteenth
birthday.
On the 13th October 1963 Brian Stewart was born,
the fifth child in our family of eight, four girls
and four boys. Our father was a dockworker in Belfast
whilst our mum always remained at home to care for
us, her children were her world. Brian had blonde
hair, freckles and the most beautiful big blue eyes
I have ever seen. Brian was always smiling, telling
jokes and playing the clown. We lived in a poor
working class, mostly unemployed area with very
few amenities. However our neighbours had a great
sense of community spirit, sadly missing in many
communities to-day. We lived at the foot of the
Black Mountain, Brian's favourite past time was
playing in these fields, a free spirit, at one with
nature.
On the 4th October 1976 at about 6:10pm, when
I came home from work my mother was helping Brian
to do his homework. I told my mum to go and make
the dinner and that I would help him. Knowing that
Brian had trouble with his spelling I sat and helped
him. My mum called me to the kitchen for a cup of
tea. It could not have been more than 3 or 4 minutes
later that a young boy on a bike shouted up our
hall that "your Brian has been shot".
When I discovered that he was not in the front room
I ran to the scene, convinced that it could not
be Brian as we had been together only minutes before.
Some young boys told me that Brian had been carried
into Mrs. Mulvenna's house.
However you can imagine my horror to find my wee
brother on their sofa thrashing around in great
distress. He was vomiting up the dinner he had just
eaten at home. A Mr. Frank Diamond was trying to
bring some comfort to Brian. My brother was not
aware of anything around him. When the ambulance
man picked him up his wee head hung over the man's
arm as he passed by me, his head was level with
mine, it is a memory forever etched in my mind.
Brian's big blue eyes were staring blankly into
mine. I immediately was sick as I knew in my heart
Brian was gone. He survived on life support until
10th October 1976. We buried Brian on his fourteenth
birthday, 13th October 1976.
Brian had been standing outside the shop talking
to two teenage girls, with his back to the King's
Own Scottish Border's foot patrol which was making
its way down the street, in full battle gear, guns
et al, a normal daily occurrence in Catholic working
class areas of Belfast at that time. Brian was not
aware that he was experiencing the final conscious
moments of his young life. Brian was shot in the
head with a plastic bullet which I believe was manufactured
in Scotland at Brocks Fireworks of Sandquhar, Dumfriesshire,
Scotland.
The soldier who fired the bullet which killed
my brother was a member of the Kings Own Scottish
Borders. The name he gave in court was Pte Charles
Andrew Smith from Edinburgh. A young man himself
who was born on 21st. of April 1952. This young
man took his orders to fire the fatal shot from
a Lt. O'Brien. A Major Timothy Patrick Toyne Sewell,
an English officer was standing on the road taking
photographs. He was beside Pte.Andrew Smith, The
army continually claim that Brian was throwing missiles
at the soldiers and yet the official autopsy report
states that he was struck on the left side of his
skull. This caused an 8cm. hole which left his brain
extensively fractured, lacerated and bruised. An
artery in his head was also shredded. Considering
the position that the soldier stated he fired from
this proves that Brian had his back to Pvt. Smith.
We discovered later that two hours earlier, Lt.
O'Brien had told a young boy, (Jim Irvine, RIP 16
years old) who looked like Brian that he was "going
to get him". Unfortunately Brian was standing
outside a shop 4 yards from this young man's home
when the fatal shot was ordered. Brian fell to the
ground when the bullet smashed his skull; another
soldier in the foot patrol proceeded to drag Brian
down the street by the ankles, banging his head
off the ground whilst doing so, despite his massive
head injury. Later at the court case, this soldier
Pt. Aitchison perjured himself and claimed he was
attempting to render first aid! The young eyewitness
who gave evidence during the civil case was castigated
as a vicious liar by Judge Brown, when she gave
evidence that this British soldier had dragged the
child by the ankles after he was shot. Three other
witnesses confirmed that this is in fact what happened.
The official autopsy report bore this out by stating
that Brian had extensive bruising on his ankles.
Brian arrived at the hospital accompanied by my
younger sister and a neighbour. While the doctors
vainly battled to save Brian's life, his little
body was surrounded by army personnel in combats.
My sister who had accompanied Brian was not allowed
to be with him until the soldiers had surveyed the
consequences of their dreadful deed. Not only had
Brian's young life been stolen but he was denied
the comfort of someone close to him - just to hold
his hand - please remember my brother was a thirteen
year old boy - the horror of this thought haunts
my sister until this day.
The day following the shooting, while Brian was
in hospital fighting for his life, Major Timothy
Patrick Toyne Sewell (the officer who had been taking
photographs) gave a television interview stating
that Brian had been leading a riot of 500 people
that Brian had been " observed for a considerable
time, was specifically targeted and he got what
he deserved". You can imagine the distress
this caused our family as we tried to come to terms
with the fact that Brian's brain was so badly damaged
that he was not going to survive. I do not believe
that anyone of sane mind could imagine a 4ft 9inch,
childish thirteen year old could lead such a threatening
crowd or deserve a death sentence.
At Brian's inquest Major Sewell, who was the only
representative from the British army who gave evidence,
changed the story of 500 rioters; however, he again
perjured himself by claiming Brian was leading 20
rioters. This is quite a dramatic change from his
original story. No one in authority asked where
the mythical 480 rioters went. This Major Sewell
went on to perjury himself further by claiming that
the intended target had been a boy dressed in a
blue and white stripped jersey. He went on to say,
"We would not have aimed at a boy of Brian's
stature "Major Sewell claimed he saw the baton
round gun being fired from the shoulder aimed to
hit a direct target. He made no mention of Pvt.
Smith's aim being deflected by the same Pvt. Smith
being hit by a missile.
Video footage of his interview would have allowed
our legal team to point to his perjury. We were
refused the use of the video evidence by Cecil N
Taylor the BBC's Head of Programmes. Ormeau Avenue
Belfast. The facts were that there was only Brian
and two young girls, standing on the corner talking.
At this time there was no riot in progress. Lt.O'
Brien may have suspected that my wee brother Brian
was the boy he had two hours earlier "threatened
to get" and he gave the order to fire based
on this assumption. This is the only version of
this controversial shooting that makes sense in
my opinion.
The very next morning a local television crew
filmed the narrow street where Brian, was wounded,
there was no rubble on the ground, there were no
broken windows, damaged cars or any evidence that
even a minor incident
Had occurred where Brian was shot. The statements
made by the reporter on this broadcast indicated
that there was no evidence of a riot.
This would have been in direct contradiction of
the statement made by Lt. General Sir David House
and put out by the Northern Ireland Press Office.
This Lt.General Sir David House was the man in charge
of the entire British Army in Northern Ireland.
The statement he issued through the Press Office
described an extremely aggressive group of rioters
500 strong in which one of the most active bottle
throwers was shot in the head the evening before.
Despite repeated requests by our family and a
few sympathetic English Members of Parliament, this
footage was never released to be used as evidence.
Major Sewell did not produce any of the photographs
he had taken before and after the fatal shot was
fired. If he had been interested the truth these
photographs would have proved inconclusively that
my brother was an innocent child standing in his
own neighbourhood.
When my mother finally initiated a civil action
in order to find out the truth of my brother's death,
Mayor Sewell did not even appear to give evidence;
apparently he was not under the jurisdiction of
the British Army or the British Courts. Under whose
command was this mysterious officer? Why was he
walking about with an armed patrol taking photographs?
Charles Andrew Smith, the soldier who shot my brother
never denied that he calmly walked past me and sniggered
when a little girl pointed him out as the man who
shot my brother. I was five months pregnant at the
time, I was close enough to this soldier to touch
him, regardless of the circumstances I would not
have put my future child's life in danger (A boy,
born 07/03/77, named Bryan in memory of my brother).
There was no riot going on in that street, major,
minor or otherwise.
In early March 1982 the appeal against the ruling
of Judge Brown started. In court during this appeal
Charles Andrew Smith, the soldier who fired the
fatal shot perjured himself by stating that he was
hit on the shoulder with a stone which deflected
his aim. This conflicted with his initial statement
given on 5th Oct. 1976 to a David Kennedy 178 Provost
Company RMP/SIB. Here was a soldier, who six years
earlier had murdered a thirteen year old child with
a lethal weapon, admitting in court, that he still
did not know the regulations for the use of the
plastic bullet gun. His honesty on this point both
amazed and horrified me. He perjured himself because
he knew that firing plastic bullets at someone's
head can be fatal. How could you take the life of
a thirteen year old child and still not feel the
need to inform yourself on the firing instructions
of a lethal weapon you would still be using on a
daily basis.
Lord Justice Jones in his summation of the case
stated; "and so I come to the last question,
namely did Cpl. Smith (promoted for his heroic act)
act with reasonable care in firing. Of course he
had to exercise reasonable care. Indeed he had to
be very careful, in my opinion, because the baton
gun is a potentially lethal weapon. The use of which
must be judged against a high standard of care.
Cpl. Smith was trained and experienced operator
with this weapon." (This is the same Cpl. Smith
that in the same judges court and under oath admitted
that he did not know the firing instructions) Lord
Justice Jones went on to say" No doubt he did
not give any warning, that is a factor to be taken
into account but cases vary" he continued"
in others might not be of any material significance".
Obviously the Learned Lord Justice Jones was totally
unaware of the British Army's detailed instructions
on firing or he arrogantly chose to ignore them.
Just as he had totally ignored the personal testimony
of all the civilian witnesses. Who were upstanding
citizens with no reason to fabricate their statements
During the court case the army representative claimed
that the record of dispatches between the foot patrol
and their base at Fort Monagh had been destroyed,
somewhat negligent in such a serious case and says
a lot about the R.U.C's rigorous investigation that
they made no effort to get it into their possession
days after the fatal controversial shooting. To
compensate for the records destruction the army
introduced the log sheet which records communications
between foot patrols and their central base (included)
as you can see there was no communication between
1350 hours and 1834 hours .
If these soldiers where in such life threatening
danger they felt compelled to fire a lethal shot
without warning, why had they not reported this
situation? Why had they not requested assistance?
Furthermore, the ambulance had been called at 18
minutes past 6pm this indicates to me that at least
16 minutes elapsed between the fatal shot being
fired and the first mention of a riot.1834 hours.
This damning evidence proves conclusively what
all the civilian witnesses claimed; including the
ambulance assistant, there was no riot taking place
when Brian was shot. In less than 10 minutes a riot
was staged 150 yards from the site of the shooting.
This was created by the same foot patrol returning
with reinforcements to the junction of Norglen Gardens
and Norglen Road firing plastic bullets at random.
This action was part of their attempt to instigate
a riot in order to cover up their fatal shooting.
I personally witnessed this as I watched the ambulance
attempt to negotiate its way through the soldiers
who had formed a line along the top of this street.
I returned home another route along Norglen Parade
to comfort my mum who was distraught.
In any civilized country in the world if someone
is murdered there is a thorough investigation into
the circumstances and rightly so. If the victim
is a child or a vulnerable person then their right
to life should be protected by everyone with a moral
conscience. My brother was a thirteen year old boy,
three minutes from his own home; he was a threat
to no-one. He died because he was a catholic living
in a working class area of Belfast during 'the troubles'.
The actions of the British authorities before
and after my brother's death indicate that he did
not count. He died on the whim of an English Officer
and a Scottish soldier. This soldier will claim
that he was only following orders. Is this not the
same claim that the Nazis made during the Second
World War. It was not accepted by the same British
government then, nor should it be now. The British
army, the British Government, and the law colluded
in covering up the murder of this innocent boy,
they should have been honour bound to protect him.
The RUC did not attempt to investigate Brian's death
(interviewing witnesses etc.), until our local housing
community group phoned the police station on behalf
of my mum, informing them she would phone newspapers
if they did not attempt to investigate. This was
about five months after Brian's death. My mum was
told the investigating officer was off sick. A force
that exceeds twelve thousand people. Why did they
not appoint someone else?
Detective Constable R. Peacock, then based at
Springfield Road was supposed to be the investigating
officer, a Cont. Mulholland his assistant? They
began taking statements on the 1st March 1977. The
British Army, the British Government, their court
system and the police colluded in covering up the
murder of an innocent boy These people had both
a moral and legal obligation to protect him. As
far as the law was concerned the only honourable
person we came in contact with, in relation to Brian's
death, was a young barrister named Norman Shannon.
This young man worked tirelessly in Brian's defence.
Our family could not have praised his efforts high
enough. Mr. Jerry Fitt our local M.P. at that time
wrote to the N.I. office on behalf of my mum inquiring
why no inquest had yet to be arranged, their explanation
was the police investigating Brian's murder had
failed to forward the papers concerning their (non-existing)
inquiry.
The verdict of the inquest was an open verdict.
A letter from the Northern Ireland Office dated
24.7.78 stated; "The circumstances surrounding
the death of Brian Stewart were subject of exhaustive
police investigation all papers were sent to the
Director of Public Prosecutions who decides independently
of the Police and Army and there were no grounds
for the prosecution of any soldier". A letter
from Roy Mason Secretary of State dated 24.7.78
stated; "I, cannot accept, however the views
expressed in your letter (my mum, Mrs. K Stewart)
that the military lied. It is not, and never has
been, denied that Brian died as a result of an incident
with the army. What is denied are assertions that
the investigations into his death were anything
but thorough, painstaking and directed towards uncovering
the facts. If the D.P.P. had directed that charges
should be brought in the case of Brian Stewart then
charges would have been brought. Members of the
security forces are expected to act within the law
and are subject to the penalties of the law if they
do not do so.
Why were most of the soldiers involved in Brian's
murder promoted by the time they had to attend court?
C.N. Taylor, B.B.C. Head of Programmes refused my
mother's and various English politicians requests
to have the important video footage of the interview
given to David Capper by Major Sewell, although
the company did confirm the interview was still
in their possession. This interview aired on the
Scene around six evening news 5-10-76 and again
on 19-10-76 Spotlight I believe. I wonder does anyone
remember watching this interview. Lord Avebury who
had contacted the British Broadcasting Corporation
on my mother's behalf, received a letter from the
same British Broadcasting Corporation falsely informing
him that this evidence had been passed on to my
mum's solicitors.
During the final appeal of the civil action Judge
Jones refused to hear the testimony of Mr. David
Capper (the reporter who interviewed Major Sewell)
therefore suppressing this vital evidence ever being
heard in court. In fact he discounted all evidence
accept the totally fabricated story presented on
behalf of the British army in conjunction with the
British Government.
Our Parish Priest Father Mc Killop told my mum
he drove by the spot where Brian was shot moments
before it happened; he confirmed to her no riot
was taking place. Our own Parish Priest knew the
truth about Brian's death however he refused to
go to court to tell the truth 'that the military
lied.
Father Faul told my mum that he had a private
confidential conversation with a senior army person
who confirmed that our family's version of what
occurred was in fact the truth. My mother had a
lot of respect for Father Faul however I still fail
to see why he failed to stand up and speak the truth
knowing how important it was to my mum.
My mum marched on the Shankill with the peace
people despite her personal opinion about the origin
of that organization. They had a meeting in our
community centre the morning Brian's life support
machine was turned off. Mairead Corrigan Maguire
refused to condemn Brian's murder because she said
it was controversial. Her family members died at
the hands of a man who had been murdered by the
same men, British soldiers, was that not controversial?
Members of our tightly knit community chased them
away in respect for the grief our family was experiencing.
The media broadcast and printed the British army's
press release; no-one was moved to do some investigating
journalism on behalf of Brian. As a consequence
of this adverse media coverage my mum received hate
mail concerning Brian during the early days of her
grieving. The mail was signed loyalists and Protestants.
Coming from a 'mixed' family we knew these ignorant
people where the exception rather than the rule
but their vile words hurt at that vulnerable time
nonetheless. The Taoiseach,Mr. J. Lynch T.D. when
contacted by my mum asking for assistance with clearing
Brian's name - his advice to her was to consult
her legal representative, he obviously did not want
to get involved.
A well known local solicitor turned up at my mother's
house whilst Brian's coffin was being brought in.
He asked my mum to allow him to represent Brian's
case. On the day of the inquest Mr. X accidentally
bumped into my mum in the High Court in Belfast
Mr. X had not only forgotten who she was or that
he was supposed to be her legal representative at
Brian's inquest. Obviously he was totally unprepared,
no statements, no evidence no prepared questions
etc., Never having been in a court before we were
stunned and despondent.
Mr.X,s final contribution was to fail to follow
up on the open verdict. To this day I still wonder
how could a newly appointed solicitor involve himself
in such an important high profile and controversial
case and then totally forget to appear to represent
the case. His appearance at the court was a total
accident. I am also puzzled as to why my mum had
to petition so many people in her vain attempt to
secure the vital video evidence which this solicitor
could simply have issued a subpoena in order for
it to be produced. Eventually my mum got in touch
with courts herself to discover that the director
of Public Prosecutions felt there was insuffient
evidence for a prosecution to take place. I believe
this was due to the soldier's lies and this Mr.
X's incompetence.
1976 was not a good year to find champions for
innocent children no longer with us to tell their
own story.
My mother discovered that her only option to have
Brian's name cleared and his story told was to initiate
a civil action. My mother changed her solicitor
and began the proceedings. Civil Actions are the
only legal recourse a person has if the D.P.P. decides
not to prosecute. My mother had to take this action
out against the Ministry of Defence. As my father
was working it was estimated his disposable capital
was 1,445 pounds per year, this was to support our
family of ten. In order to initiate these proceedings
my mother had to pay 228 pounds quite a sacrifice
for our family at the time. It always seemed sad
to me that my mum had to pay British agency hard
earned money in order to bring another British agency
(which had murdered her young son) to court. Just
before the Civil Action was to be heard before Judge
Brown, (in a futile attempt to prevent any exposure
of the circumstances surrounding the murder of my
brother and the subsequent perjury by members of
the army involved.)
The Ministry of Defence offered my mother 300
pounds, the maximum available compensation for the
death of a child at that time I believe however
a condition of this acceptance was that the Ministry
of Defence would not accept responsibility for Brian's
death. In my mind this offer of compensation confirmed
that the British Government knew they were guilty
of murdering my brother. My mother naturally turned
it down. She had not gone to court for compensation
she had gone to court to defend her young son whose
life had been stolen. Whose name had been slurred.
My mother had gone to court to have Brian's name
cleared and to have the truth concerning his death
made public.
I have brought my children up to believe that
race, creed or colour are not important, values
inherited from my mum, it is what you do in life
that matters. My brother was a young boy who brought
joy into the life of everyone he knew, he deserved
to mature into a man who could have contributed
a lot to the world we live in. Brian had a large
family circle and many friends who were deeply affected
by his death, thirty years later the hurt has not
healed because the truth about his death has never
been told.
When the peace process was being negotiated an
inquiry named The Patten report was in progress,
even though my mum could barely stand as she had
only one more month before she lost her courageous
battle with cancer, she personally went and made
her submission. My mother's deepest wish was that
Brian's name would be cleared and it would be proved
that Brian was an innocent child who lost his life
unnecessarily. Because of her deep religious convictions
my mother did not crave revenge. In fact she campaigned
in England during the miners strike to have plastic
bullet guns removed from the police stations who
were stocking them up to use on protesting minors.
She also campaigned with a dedicated group of concerned
individuals i.e. Clara Reilly to have the plastic
bullet gun removed from use.
As it has not been proved that it was not open
to abuse by ignorant or devious individual's and
was inaccurate enough to maim and kill innocent
bystanders. Another of those campaigners was Mrs
Emma Groves, a housewife permanently blinded when
a plastic bullet was fired through the front window
of her home. My mother's faith in truth and justice
never wavered; she always believed until her death
that Brian's name would finally be cleared. Clara
Reilly had been one of the nine civilian witnesses
to Brian's murder. Clara supported our family during
the early days of Brian's death. Clara and my mum
became friends because of these tragic circumstances.
Mrs. Reilly always made herself available to my
mum if she needed help or support which was so important
in those difficult days. I do not believe it would
be a regular occurrence for an unassuming quiet
housewife to take on the might of the British Government
in defence of her child akin to the David and Goliath
story.
Now that the politicians and law makers have decided
that anyone involved in any killings that occurred
during 'the troubles' will more than likely not
be prosecuted or imprisoned. I feel it is time for
the truth to be told. There have been a lot of families
in Ireland, England, Scotland and Wales who have
suffered the same grief as my family, I realise
their grief is neither less nor greater than the
hurt we still suffer, there is no hierarchy in the
grief of families. We have all been the victims
of the mismanagement of successive British governments
and politicians. I do believe, however, that those
in positions of authority have a duty to protect
and defend the people they claim to serve; therefore,
their behaviour should be beyond reproach. This
includes members of the security forces, police
and 'activists' from both sides of the political
divide who felt compelled to either defend their
community or further their political agendas. I
believe that all life is sacred. If however, you
choose to be a combatant you do so understanding
the consequences may incur you being responsible
for taking someone's life or indeed losing your
own. In the hierarchy of victims I believe the innocent
murdered civilians must be taken into consideration
first.
On the day my brother was shot there were nine
soldiers in the foot-patrol. They were, Lt. O'Brien,
Pvt. Charles A. Smith, Major Sewell, Pvt. Aitchison,
Sgt.Ravenhill, Lance Corporal Carr, Pvt. McMeona,
Pvt.Lee Pvt. Wilson. (A) Pvt Wilson (B). More than
likely they returned to a barrack's full of British
personnel to relate what really happened to my wee
brother. Most of these personnel were from the Kings
Own Scottish Border's regiment. Everyone who heard
the truth from that patrol must have mothers, fathers,
wives, brothers, sister's children and friends.
Someone must have heard of a little thirteen year
old boy being shot in Belfast during October 1976.
I ask you all please search your conscience, come
forward with the truth. This government is planning
to spend quite lot of money investigating the unresolved
murders, if they come clean on those deaths they
were involved in, not only would it set an example
to other organisations, but some of this money could
be re-directed to where it would be better spent
on hospitals, schools or those in need.
My understanding is that the British government
has control over its military, its police and its
courts. There is no question that they have all
the relative information in regards to Brian's death,
and so there is no need to waste time or money.
I implore anyone who has any information relating
to my brothers death to please come forward. There
are only so many times' in one's lives, that we
given the opportunity to "do the right thing"
There are ways of doing it anonymously.
Thanking you in advance
Marie Duffy, Brian's oldest sister.
* If this testimony affects you I'll be most
grateful if you pass it on.
