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Tag Archives: Diplock Court


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Birth of Brian Hutton, Lord Chief Justice of Northern Ireland

James Brian Edward Hutton, Baron Hutton, PC, a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary, is born in Belfast, Northern Ireland, on June 29, 1932.

Hutton is the son of a railways executive. He wins a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to study at Queen’s University Belfast and becoming a barrister, being called to the Bar of Northern Ireland in 1954. He begins working as junior counsel to the Attorney General for Northern Ireland in 1969.

Hutton becomes a Queen’s Counsel in 1970. From 1979 to 1989, as Sir Brian Hutton, he is a High Court judge. In 1989, he becomes Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary on January 6, 1997. He is consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down.

On March 30, 1994, as Lord Chief Justice of Northern Ireland, Hutton dismisses Private Lee Clegg‘s appeal against his controversial murder conviction. On March 21, 2002 he is one of four Law Lords to reject David Shayler‘s application to use a “public interest” defence as defined in section 1 of the Official Secrets Act 1989 at his trial.

Hutton represents the Ministry of Defence at the inquest into the killing of civil rights marchers on “Bloody Sunday.” Later, he publicly reprimands Major Hubert O’Neil, the coroner presiding over the inquest, when the coroner accuses the British Army of murder, as this contradicts the findings of the Widgery Tribunal.

Hutton also comes to public attention in 1999 during the extradition proceedings of former Chilean dictator General Augusto Pinochet. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords, the UK’s highest court, decide by a 3-2 majority that Pinochet is to be extradited to Spain. The verdict is then overturned by a panel of seven Law Lords, including Hutton, on the grounds that Lord Lennie Hoffmann, one of the five Law Lords, has links to human rights group Amnesty International which had campaigned for Pinochet’s extradition.

In 1978, Hutton defends the UK at the European Court of Human Rights in the case of Ireland v United Kingdom, when the court decides that the interrogation techniques used were “inhuman and degrading” and breached the European Convention on Human Rights, but do not amount to “torture.” The court also finds that the practice of internment in Northern Ireland had not breached the Convention. He sentences ten men to 1,001 years in prison on the word of “supergrass” informer Robert Quigley, who is granted immunity in 1984.

Hutton is appointed by Tony Blair‘s government to chair the inquiry on the circumstances surrounding the death of scientist David Kelly. The inquiry commences on August 11, 2003. Many observers are surprised when he delivers his report on January 28, 2004 and clears the British Government in large part. His criticism of the BBC is regarded by some as unduly harsh with one critic commenting that Hutton had given the “benefit of judgement to virtually everyone in the government and no-one in the BBC.” In response to the verdict, the front page of The Independent newspaper consists of one word, “Whitewash?”

Peter Oborne writes in The Spectator in January 2004: “Legal opinion in Northern Ireland, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton’s fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA terrorist suspects when he was a judge in the Diplock era.”

Hutton retires as a Law Lord on January 11, 2004. He remains a member of the House of Lords until retiring under the House of Lords Reform Act 2014 on April 23, 2018.

Hutton dies at the age of 88 on July 14, 2020.


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Birth of Basil Kelly, Northern Irish Barrister, Judge & Politician

Sir John William Basil Kelly, Northern Irish barrister, judge and politician, is born in County Monaghan on May 10, 1920. He rises from poverty to become the last Attorney General of Northern Ireland and then one of the province’s most respected High Court judges. For 22 years he successfully conducts many of the most serious terrorist trials.

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 and 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 the 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 Catholic solicitors, 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 the hope of speeding his way to the Bench, Kelly is elected to the House of Commons of Northern Ireland as Ulster Unionist Party (UUP) member for Mid Down in 1964. His capacity for hard work leads to his being appointed Attorney General four years later.

In March 1972, the entire Government of Northern Ireland resigns and the Parliament of Northern Ireland is prorogued. As a result, Kelly ceases to be Attorney General. The office of Attorney General for Northern Ireland is transferred to the Attorney General for England and Wales and he is the last person to serve as Stormont’s Attorney General.

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)


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The Bayardo Bar Attack

bayardo-bar-attackThe Bayardo Bar attack takes place on August 13, 1975 in Belfast as a unit of the Provisional Irish Republican Army (IRA), led by Brendan McFarlane, launch a bombing and shooting attack on a pub on Aberdeen Street, in the loyalist Shankill Road area of the city.

By 1975, the conflict in Northern Ireland known as “the Troubles” is more than six years old. On February 10, 1975, the Provisional IRA and the British government enter into a truce and restart negotiations. There is a rise in sectarian killings during the truce, which ‘officially’ lasts until early 1976. The truce, however, is interrupted in the early hours of July 31, 1975 by the Miami Showband killings at Buskhill outside Newry, County Down.

Two weeks later, on August 13, 1975, the Bayardo Bar is crowded with people of all ages. Shortly before closing time a stolen green Audi automobile, containing a three-man unit of the IRA’s Belfast Brigade, pulls up outside. It is driven by the unit’s leader Brendan “Bik” McFarlane, a 24-year-old volunteer from Ardoyne. Volunteers Seamus Clarke and Peter “Skeet” Hamilton get out and approach the pub’s side entrance on Aberdeen Street. One of them immediately opens fire with an ArmaLite, instantly killing doorman William Gracey and his brother-in-law Samuel Gunning, with whom he had been chatting outside. The other volunteer then enters the pub, where patrons are drinking and singing, and drops a duffel bag containing a ten-pound bomb at the entrance. Both men make their getaway back to the waiting car. As panicked customers run to the toilets for safety, the bomb explodes and brings down a section of the old brick-and-plaster building upon them. The bodies of civilian Joanne McDowell and UVF member Hugh Harris are later found beneath the rubble of fallen masonry. Seventeen-year-old civilian Linda Boyle is pulled out alive, but dies of her injuries at the hospital on August 21. Over 50 people are injured in the attack.

A Belfast Telegraph article later claims that, as the IRA unit drives away down Agnes Street, they fire into a crowd of women and children queuing at a taxi rank although there are no fatalities. Within 20 minutes of the blast, the IRA unit is arrested after their car is stopped at a roadblock. The ArmaLite that had been used to kill Gracey and Gunning is found inside the car along with spent bullet casings and fingerprints belonging to the three IRA men.

The IRA does not initially claim responsibility, however, IRA members later state that the Bayardo was attacked because it was a pub where Ulster Volunteer Force (UVF) members met and planned terrorist assaults against nationalists. The pub is in the UVF-dominated middle Shankill Road area, and the Ulster Banner is displayed from its upper windows. A former IRA prisoner claims that fellow inmate Lenny Murphy told him he had left the Bayardo ten minutes before the attack and that the Brigade Staff had just finished holding a meeting there.

Loyalists, especially the UVF, respond with another wave of sectarian attacks against Catholics. Two days after the pub attack, a loyalist car bomb explodes without warning on the Falls Road, injuring 35 people. On 22 August, the UVF launches a gun and bomb attack on McGleenan’s Bar in Armagh. The attack is strikingly similar to that at Bayardo. One gunman opens fire while another plants the bomb, the explosion causing the building to collapse. Three Catholic civilians are killed and several more are wounded. That same night, another bomb wrecks a Catholic-owned pub in nearby Blackwatertown, although there are no injuries.

In May 1976, Brendan McFarlane, Seamus Clarke, and Peter Hamilton are convicted in a non-jury Diplock court and sentenced to life imprisonment inside the HM Prison Maze for carrying out the Bayardo murders. In 1983 McFarlane leads the Maze Prison escape, a mass break-out of 38 republican prisoners, including Clarke and Hamilton.