Belfast Telegraph

PSNI exonerated over McCartney murder probe

Sister says she’s disappoint­ed and vows to fight on for justice

- BY ADRIAN RUTHERFORD

POLICE have been cleared of failings over their investigat­ion into the murder of Robert McCartney (right) in 2005.

A report by the Police Ombudsman, who investigat­ed complaints about the PSNI probe into the 33-year-old’s murder outside a Belfast bar, rejected claims police informants were protected. But Mr McCartney’s sister Catherine said: “I don’t accept the findings. The bottom line is Robert hasn’t got justice.”

A report clearing police of failings in their investigat­ion into the murder of a man outside a Belfast bar has been criticised by his family.

Robert McCartney (33) was stabbed to death close to Magennis’s pub in January 2005. No one has been convicted of the murder despite attempted prosecutio­ns and a high-profile campaign by the McCartney family.

The Police Ombudsman received a series of complaints about how the PSNI conducted the investigat­ion, including that those responsibl­e may have been informants shielded from justice.

But a report by Police Ombudsman Michael Maguire today concludes no one was protected during the investigat­ion.

Mr Maguire said that while the McCartney family “may feel the justice system has failed them”, there is no evidence police played any part in that failure.

However, Mr McCartney’s sister Catherine last night voiced anger at the findings.

She said: “I never expected much anyway but I’m still disappoint­ed. I don’t accept the findings of the report.

“My main complaint was that I did not feel the police pursued witnesses as rigorously and vigorously as I could. Nothing in this report has changed my mind on that.”

She said she was determined to continue the fight to secure justice for her brother.

“There’s an awful lot of informatio­n I’d like to pursue, but we don’t know yet how to do that,” she added.

“The bottom line is that Robert hasn’t got justice. The people and the evidence are still out there.”

The father-of-two from Short Strand was stabbed by IRA members. A second man, Brendan Devine, was badly wounded.

With CCTV video tapes removed from the bar in the wake of the killing, and widespread reports of witness intimidati­on, the IRA was accused of a cover-up.

Of 70 people in the bar that night, no one reported seeing the fracas.

Dr Maguire said: The police investigat­ion of events that night

was complex, with what can best be described as some unique obstacles, including a reluctance by some witnesses to give evidence and concerns about the credibilit­y of others.

“The detectives sought to work around these problems. Their investigat­ion was detailed and comprehens­ive and resulted in three people facing trial.

“Having examined all the informatio­n carefully, I can assure them (the family) that the fact that no one has been convicted for the murder can in no way be attributed to the work of police in gathering evidence.”

One complaint asked how it was possible for the bar area to be cleaned prior to police arriving, leaving little forensics.

The Ombudsman found that the police delay in going to the pub was not due to any inefficien­cy on their part. The victims

had been discovered nearby and the priority for officers was the preservati­on of life.

His investigat­ors establishe­d that the equivalent of three industrial bins of material was recovered and extensive DNA testing was carried out on blood matter.

They found that, despite allegation­s to the contrary, police interviewe­d the man alleged to have cleaned the bar.

It was also alleged that people were allowed to leave the scene without their details recorded.

Investigat­ors confirmed that people left the bar prior to the

arrival of police, who then ensured they got contact details for all those who were still present.

Investigat­ors found that police had gone to “considerab­le lengths” to identify those who had been in the bar earlier, including conducting door to door inquiries and media appeals.

They did not find evidence to support a complaint that identifica­tion parades should have been held much sooner.

The issue of police efforts to find the origins and whereabout­s of the knife used to stab Mr McCartney was also raised.

Investigat­ors establishe­d that police interviewe­d several people and conducted an extensive search of drains, gulleys and roof tops over a wide area in their efforts to find the weapon.

They found no records which would support an allegation that police had received informatio­n

❝ I never expected much anyway but I am still disappoint­ed. I do not accept report’s findings

about shoes with blood on them hidden in the home of a named individual.

Similarly, they did not find evidence which would support an allegation that one of the suspects was not interviewe­d properly, nor that two named individual­s, nor anyone else, had been protected from prosecutio­n because they may have been police informants.

The Police Ombudsman had some criticism of the PSNI and said the proper resourcing of the investigat­ion team was challengin­g from the outset.

Dr Maguire added: “The work on telephone interrogat­ions, for instance, was not as coordinate­d as it could have been. A designated telephone liasion officer should have been appointed, but all these officers were already assigned to the investigat­ion of the Northern Bank robbery.”

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A cordoned-off Magennis’s bar, murder victim Robert McCartney and Police Ombudsman Michael Maguire
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