MacDermott is born in Belfast on April 12, 1896, the third surviving son and sixth of seven children of the Reverend John MacDermott DD, a Presbyterian clergyman who is minister of Belmont and moderator of the Presbyterian Church in Ireland, and of his wife Lydia Allen MacDermott (née Wilson), the daughter of a Strabane solicitor. He is educated at Campbell College, Belfast, from where he wins a scholarship to read Law at the Queen’s University Belfast (QUB) in 1914.
Eight years later MacDermott is appointed to determine industrial assurance disputes in Northern Ireland, and in 1931 becomes a lecturer in Jurisprudence at Queen’s University Belfast, teaching for four years.
In 1940, MacDermott is appointed Minister of Public Security in the Government of Northern Ireland, and the following year becomes the Attorney General for Northern Ireland. He is succeeded in this post by William Lowry, whose son, Lord Lowry, would eventually succeed MacDermott as Lord Chief Justice. In 1944, he resigns his parliamentary seat on appointment as a High Court Judge for Northern Ireland, and three years later, on April 23, 1947, is made a Lord of Appeal in Ordinary, becoming a life peer as Baron MacDermott, of Belmont in the city of Belfast.
MacDermott returns from the House of Lords to take up his appointment as Lord Chief Justice of Northern Ireland. His successors to the latter office become Law Lords subsequently. Whilst Lord Chief Justice, he is affectionately known as “the Baron.”
In 1977, aged over eighty, MacDermott offers to redeliver a lecture at the Ulster College, which had been interrupted by a bomb meant for him and which had severely wounded him.
Having been made a Northern Ireland Privy Counsellor seven years earlier, MacDermott is sworn of the British Privy Council in 1947.
Four years later, in 1951, MacDermott is appointed Lord Chief Justice of Northern Ireland, a post he holds for twenty years. He is also Pro-Chancellor of his alma mater from 1951 to 1969. In 1958, he chairs the commission on the Isle of ManConstitution. He dies at his home in Belfast on July 13, 1979.
In 1926, MacDermott weds Louise Palmer Johnston, later Lady MacDermott. Their son, Sir John MacDermott, is also sworn into the British Privy Council in 1987, as a Lord Justice of Appeal in Northern Ireland. He later became a Surveillance Commissioner for Northern Ireland.
From 1985 onwards, the IRA in East Tyrone had been at the forefront of a campaign against British state police and army facilities and their personnel. In 1987, an East Tyrone IRA unit was ambushed with eight of its members being killed by the SAS while they were making an attack on a police station in Loughgall, County Armagh. This was the IRA’s greatest loss of life in a single incident during The Troubles. Despite these losses, the IRA’s campaign continued, with it attacking nearly 100 police and military facilities over the next five years, wrecking thirty-three and damaging the remainder to varying degrees. The SAS ambush has no noticeable long-term effect on the level of IRA activity in East Tyrone. In the two years before the Loughgall ambush, the IRA killed seven people in East Tyrone and North Armagh, and eleven in the two years following the ambush.
Three other IRA members – Gerard Harte, Martin Harte and Brian Mullin – had been ambushed and killed by the SAS as they tried to kill an off-duty Ulster Defence Regiment (UDR) soldier near Carrickmore, County Tyrone. British intelligence identified them as the perpetrators of the Ballygawley bus bombing, which killed eight British soldiers. After that bombing, all troops going on leave or returning from leave were ferried in and out of East Tyrone by helicopter. Another high-profile attack of the East Tyrone Brigade was carried out on January 11, 1990, near Augher, where a Gazelle helicopter was shot down.
On June 3, 1991, three IRA men, Lawrence McNally, Michael “Pete” Ryan and Tony Doris, were killed at the town of Coagh, when a stolen car they were driving in on their way to kill an off-duty Ulster Defence Regiment soldier was ambushed by the Special Air Service. Ryan was the same man who, according to Irish journalist and author Ed Moloney, had led an attack on Derryard checkpoint on the orders of IRA Army Council member Thomas “Slab” Murphy two years earlier.
The IRA’s East Tyrone Brigade lost 53 members killed by the British Forces during the Troubles – the highest of any “Brigade areas.” Of these, 28 were killed between 1987 and 1992.
At 10.30 p.m. on the night of February 16, 1992, a stolen car and lorry carrying multiple IRA attackers drives into the centre of the village of Coalisland and, pulling up at its fortified Royal Ulster Constabulary security base, fires 30 rounds of armour-piercing tracer ammunition into it at close range from a Soviet Union made DShK heavy machine-gun that they had mounted on the back of the lorry. The heavy machine gun is fired by IRA member Kevin O’Donnell, the rest of the unit being armed with Soviet-made AKMassault rifles. The IRA attackers then drive off at speed up Annagher hill, without any apparent pursuit from the security forces. While making their escape they drive past the home of Tony Doris, an IRA man who had been killed by the British Army the previous year, where they stop to fire into the air, shouting, “Up the ‘RA, that’s for Tony Doris!” Witnesses also report the IRA men waving Irish Tricolours from the back of the lorry. After this they drive on at speed to the car park of St. Patrick’s Roman Catholic Church in the village of Clonoe, two miles away from Coalisland police station, arriving at 10.45 p.m., where getaway cars are waiting.
Immediately on arrival, the IRA attackers are in the process of preparing to abandon the attack vehicles and dismounting the DShK to take with them when they are assailed by a British Army detachment that had been lying in wait for them in the car park’s perimeter, primarily composed of soldiers from the Special Air Service, who engage them with sustained automatic fire. Patrick Vincent, age 20, the driver of the stolen lorry, is shot dead with five bullets while still in its cab. Peter Clancy, age 19, and Kevin O’Donnell, age 21) are killed while dismounting the DShK on the back of the lorry. Sean O’Farrell, age 23, is pursued on foot across the church grounds over a distance of 100 yards before being shot dead with five bullets while trying to climb over a fence. Two other IRA men, one of them being Aidan McKeever, who are found sitting in a car in the car park with the intention of acting as getaway drivers, surrender after being wounded and are taken prisoner. The roof of the church is accidentally set on fire after a stray round hit a fuel storage tank. One British soldier is wounded during the confrontation. An IRA statement reports that another active service unit made up of at least four volunteers taking part in the operation at Coalisland “escaped unharmed” under heavy fire in other vehicles after splitting up into two teams.
Several witnesses to the ambush later claim that some of the IRA men tried to surrender to the British Army engaging unit during the ambush but were summarily executed. Justice Seamus Treacy of Northern Ireland’s High Court awards McKeever, the IRA getaway driver, £75,000 in damages in 2011. It is unclear whether or not this decision is appealed, or whether the damages are ever paid.
A local IRA source points out areas of incompetence in the attack by the IRA unit involved that leads to its destruction:
The use of a long-range weapon for a short-range shooting. The DShK can be used up to 2,000 metres from the target, and its armour-piercing capabilities at 1,500 metres are still considerable.
The use of tracer rounds is ill-judged as they easily reveal the firing location of the gun if it is not being fired from a well-hidden position.
The escape route is chosen at random, with the machine-gun in full sight and the support vehicle flashing its hazard lights.
The gathering of so many men at the same place after such an attack is another factor in the failure to escape for most of the attacking force.
During the funeral services for O’Donnell and O’Farrell in Coalisland, the parish priest criticises the security forces for what happened at Clonoe church, which had resulted in the deaths of the four IRA men. The priest, Fr. MacLarnon, then appeals to the IRA and Sinn Féin to replace “the politics of confrontation with the politics of cooperation.” While Francie Molloy, a local Sinn Féin councillor, walks out of the church in protest, leading Sinn Féin politicians Gerry Adams and Martin McGuinness remain in their seats. There are hundreds of Royal Ulster Constabulary police officers outside the church during the funeral, the RUC having changed its policy after the Milltown Cemetery attack. This show of force is criticised by Sinn Féin.
This is the last occasion that IRA members are killed in a series of ambushes by the British Army, spearheaded by the Special Air Service, in Northern Ireland. Growing tension between locals and the British military foot-patrols lead to street confrontations with soldiers from the Parachute Regiment three months later.
(Pictured: The ambush scene at Clonoe, County Tyrone, where four IRA men were shot dead by the British army in February 1992)
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 