Any ‘criminal decisions’ by ex-ministers in Hooded Men case must be probed, court told

POLICE must investigate potentially criminal decisions taken by Government ministers over the alleged torture of 14 men during internment in Northern Ireland, the Court of Appeal has heard.

Lawyers for the so-called Hooded Men claimed a review into the deep interrogation methods deployed on them 47 years ago had been too narrow.

The PSNI is challenging a previous ruling that its decision to end preliminary inquiries into their treatment was seriously flawed and should be quashed.

Counsel for the Chief Constable argued that no new evidence has emerged which would trigger a legal obligation to further probe and seek the prosecution of anyone who perpetrated offences.

But Hugh Southey QC, representing surviving members of the group, told the three appeal judges: “There is, we would argue, a basis for believing that specific government ministers took a decision which, while they may or may not have been aware of its legality, is arguably a criminal decision.”

The ‘Hooded Men’ brought the original proceedings after allegations of ministerial involvement emerged in a 2014 TV documentary.

Amid claims the men’s treatment was State sanctioned, counsel for the Chief Constable and the Government has insisted, however, that a former minister who alleged predecessors had authorised torture in Northern Ireland later corrected his assessment.

A document, uncovered from the National Archives in London, featured in an RTE documentary in 2014 and led to questions being raised at the Policing Board.

In the 1977 letter to Prime Minister James Callaghan, Merlyn Rees, then Home Secretary, states it was his view that “the decision to use methods of torture in Northern Ireland in 1971/72 was taken by ministers — in particular Lord Carrington, then Secretary of State for Defence”.

Within weeks, however, Mr Rees’ assessment of the men’s treatment was said to have been modified to having faced deep interrogation.

The Chief Constable’s legal team contended that there had been a series of investigations into the deep interrogation stretching back to 1971, with no new facts having since emerged.

However, Mr Southey claimed that more needed to be done to fulfil a pledge made to the Northern Ireland Policing Board to investigate crime.

“What actually happened was a very narrow review... the report just focuses on whether torture had been authorised,” he said.

He was asked by Lord Chief Justice Sir Declan Morgan if the disclosure of the identity of the ministers allegedly involved in the documents after 40 years could constitute the legally required new information.

Mr Southey replied: “Our position would be yes, it does.”

The appeal continues.