The “supergrass” trial of thirty-eight alleged members of the Irish Republican Army (IRA) ends in Belfast on August 5, 1983. The defendants face various charges including murder and attempted murder. Eighteen later have their convictions quashed. The trial has lasted 120 days with most of the evidence being offered by IRA supergrass Christopher Black. The judge jails twenty-two of the accused to sentences totaling more that 4,000 years. Four people are acquitted and others receive suspended sentences. In 1986, eighteen of the twenty-two who received prison sentences have their convictions quashed by the Court of Appeal.
Kevin Malgrew, who faces the most charges, eighty-four, is sentenced to jail terms totaling 963 years. When sentencing him, the judge, Justice Basil Kelly, says, “You are a ruthless terrorist. I do not expect any words of mine will ever raise in you a twinge of remorse.”
In spite of the long sentences, none of those convicted is expected to spend more than twenty years in prison as the judge orders the terms should be served concurrently.
The IRA members are convicted largely on the evidence of a police informant, the so-called “supergrass” Christopher Black. He is granted immunity from prosecution and is believed to be abroad at the time the trial ends. A police spokesman says they believe Black is being hunted by the IRA.
Justice Kelly wears a bulletproof vest throughout the trial. Like all judges in such cases, he will receive police protection for the rest of his life.
But in spite of some of the long sentences he hands down, Justice Kelly also shows compassion to some of those on trial. He sets thirteen people free with suspended sentences or discharges saying he realises the “enormous pressure” placed upon them within their community to help extremists.
Postman Francis Murphy receives a suspended sentence for allowing an IRA man to wear his uniform so he could carry out a murder. And Justice Kelly gives Murphy’s mother an absolute discharge for having later burned the uniform. “Very many other mothers would have done the same,” he says.
(From: “1983: IRA members jailed for 4,000 years,” by BBC News, news.bbc.co.uk | Pictured: IRA volunteer Kevin Malgrew)
A farmer’s son, Kelly is raised amid the horror of the Irish Civil War. The family is burned out when he is five and, penniless, goes north to take a worker’s house near the Harland & Wolff shipyard in Belfast. Even though they are Protestant the Kellys are met with a cold welcome. To counter that, his mother starts a bakery while he and his father sell the hot rolls to the area pubs.
Kelly initially attends a shipyard workers’ school, sometimes without shoes, and then goes on to Methodist College Belfast, where only boys prepared to work hard are welcome. His mother, who had taught him to play the piano by marking out the keyboard on the kitchen table, is so cross when she hears that he has been playing football in the street that she tells the headmaster that he does not have enough homework.
On a visit to an elder sister at Trinity College, Dublin, Kelly is so impressed by her smoking and her painted nails that he decides to follow her to the university, where he reads legal science. After being called to the Bar of Northern Ireland in 1944, he has the usual slow start, traveling up to 100 miles to earn a five-guinea fee. However, aided by a photographic memory and the patronage of Catholicsolicitors, he gradually builds up a large practice, concentrating on crime and workers’ compensation while earning a reputation as the finest cross-examiner in the province.
Kelly first makes a mark by his successful defence of an aircraftman accused of killing a judge’s daughter. The man is found guilty but insane, though the complications involved bring it back to court 20 years later. After appointment as Queen’s Counsel in 1958 he skillfully conducts two cases which go to the House of Lords. One involves the liability of a drunken psychopath, the other the question of automatism where a person, acting like a sleepwalker, does not know what he is doing.
In 1973, Kelly is appointed as a judge of the High Court of Northern Ireland, and then as a Lord Justice of Appeal of Northern Ireland in 1984, when he is also knighted and appointed to the Privy Council of the United Kingdom. On the bench he proves a model of fairness and courtesy with a mastery of facts, but his role often puts him in danger.
A Provisional Irish Republican Army (IRA) gang once targets him with a bomb-laden milk van, intending to drive it through his gates. But the police are alerted and immediately take him to Stormont, where he lives for the next two months.
For a year Kelly presides alone over a non-jury Diplock court, protected by armed police and wearing a bulletproof vest before writing his judgment under Special Air Service (SAS) guard in England. He convicts dozens of people on “supergrass” evidence, though there are subsequently doubts about the informant and some of his judgments are overturned.
One of the accused, Kevin Mulgrew, is sentenced to 963 years in prison, with Kelly telling him, “I do not expect that any words of mine will ever raise in you a twinge of remorse.” While the IRA grumbles about the jail terms he dispenses, and he is often portrayed as an unthinking legal hardliner by Sinn Féin, he is a more subtle figure and is often merciful towards those caught up in events or those whom he considers too young for prison.
Kelly retires in 1995 and moves to England, where he dies at the age of 88 at his home in Berkshire on December 5, 2008, following a short illness. He is survived by his wife, Pamela Colmer.
(From: “Basil Kelly,” Independent.ie (www.independent.ie), January 4, 2009)
seamus dubhghaill 