Harris ‘not suitable’ for Garda post, court hears
A MAN whose grandmother was killed during the Troubles has said PSNI Deputy Chief Constable Drew Harris must not be appointed Garda Commissioner, the High Court has heard.
Historical researcher Ciaran MacAirt said he wants the court to declare that Mr Harris was unsuitable for the post, due to his lack of independence, and to quash his appointment.
But the State has responded that Mr MacAirt had not presented any evidence which could make a court reject the appointment, which was recommended to the Government by the Policing Authority.
Mr MacAirt’s grandmother, Kathleen Irvine, was one of 15 people killed when a loyalist bomb exploded at McGurk’s Bar in Belfast in December 1971.
His counsel, Gerard Humpreys BL, said Mr MacAirt believed there was collusion by the British state in the killing, and that he had ‘grave concerns’ that Mr Harris was not sufficiently independent to be able to lead a Garda investigation into his grandmother’s death.
He has argued before the High Court that Mr Harris would be conflicted in his loyalties if he were to become Garda Commissioner, due to his previous commitments to the PSNI and its predecessor the RUC.
Mr Humphreys said that Mr Harris had signed the UK Official Secrets Act, and that he was bound by it even after leaving the PSNI. Counsel said this put him in a position which was ‘fundamentally incompatible’ with investigating the murder of Irish citizens both north and south of the border.
Mr Humpreys said his client argued that the Irish State, and the gardaí, were under a continuing obligation to conduct an independent and effective investigation into the murder of Irish citizens, where there was credible evidence of collusion between the killers and the RUC or the British state.
The legal action was first outlined to the court last week, but returned yesterday after the State had been notified about the case.
Mr MacAirt said in his affidavit he had researched the bombing and claims there was never a proper investigation, and that there was an RUC cover-up.
He applied for leave from Judge Denis McDonald to bring a full judicial review of the decision to appoint Mr Harris as Garda Commissioner – a position which he will take up on September 3. The judge said he would consider the application overnight, and that he hoped to give his decision this morning.
‘Grave concerns’ over independence