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Birth of Sean O’Callaghan, Member of the Provisional IRA

Sean O’Callaghan, a member of the Provisional Irish Republican Army (IRA), who from the late 1970s to the mid-1980s works against the organisation from within as a mole for the Irish Government with the Garda Síochána‘s Special Detective Unit, is born in Tralee, County Kerry, on October 10, 1954.

O’Callaghan is born into a family with a Fenian paramilitary history. His paternal grandfather had taken the Anti-Treaty side during the Irish Civil War, and his father had been interned by the Irish Government at the Curragh Camp in County Kildare for IRA activity during World War II.

By the late 1960s, O’Callaghan ceases to practise his Catholic faith, adopts atheism and has become interested in the theories of Marxist revolutionary politics, which finds an outlet of practical expression in the sectarian social unrest in Northern Ireland at the time, centered on the activities of the Northern Ireland Civil Rights Association. In 1969, communal violence breaks out in Northern Ireland and believing that British imperialism is responsible, he joins the newly founded Provisional IRA at the age of 17.

Soon afterward, O’Callaghan is arrested by local Gardaí after he accidentally detonates a small amount of explosives, which cause damage to the homes of his parents and their neighbours. After demanding, and receiving, treatment as a political prisoner, he quietly serves his sentence.

After becoming a full-time paramilitary with the IRA, in the early to mid-1970s O’Callaghan takes part in over seventy operations associated with Irish Republican political violence including bomb materials manufacture, attacks on IRA targets in Northern Ireland, and robberies to provide funding for the organisation.

In 1976, O’Callaghan ends his involvement with the IRA after becoming disillusioned with its activities. He later recalls that his disenchantment with the IRA began when one of his compatriots openly hoped that a female police officer who had been blown up by an IRA bomb had been pregnant so they could get “two for the price of one.” He is also concerned with what he perceives as an undercurrent of ethnic hatred in its rank and file toward the Ulster Scots population. He leaves Ireland and moves to London. In May 1978, he marries a Scottish woman of Protestant unionist descent. During the late 1970s, he runs a successful mobile cleaning business. However, he is unable to fully settle into his new life, later recalling, “In truth there seemed to be no escaping from Ireland. At the strangest of times I would find myself reliving the events of my years in the IRA. As the years went on, I came to believe that the Provisional IRA was the greatest enemy of democracy and decency in Ireland.”

In 1979, O’Callaghan is approached by the IRA seeking to recruit him again for its paramilitary campaign. In response, he decides to turncoat against the organisation and becomes an agent within its ranks for the Irish Government. He decides to become a double agent even though he knows that even those who hate the IRA as much as he now does have a low opinion of informers. However, he feels it is the only way to stop the IRA from luring teenagers into their ranks and training them to kill.

Soon after being approached by the IRA to re-join, O’Callaghan returns to Tralee from London, where he arranges a clandestine meeting with an officer of the Garda Special Detective Unit in a local cemetery, at which he expresses his willingness to work with it to subvert the IRA from within. At this point, he is still opposed to working with the British Government. A few weeks later, he makes contact with Kerry IRA leader Martin Ferris and attends his first IRA meeting since 1975. Immediately afterward, he telephones his Garda contact and says, “We’re in”.

During the 1981 hunger strike in the Maze Prison, O’Callaghan attempts to start his own hunger strike in support of the Maze prisoners but is told to desist by the IRA for fear it will detract focus from the prisoners. He successfully sabotages the efforts of republicans in Kerry from staging hunger strikes of their own.

In 1984, O’Callaghan notifies the Garda of an attempt to smuggle seven tons of AK-47 assault rifles from the United States to Ireland aboard a fishing trawler named Valhalla. The guns are intended for the arsenal of the Provisional IRA’s units. As a result of his warning, a combined force of the Irish Navy and Gardaí intercept the boat that received the weaponry, and the guns are seized. The seizure marks the complete end of any major attempt by the IRA to smuggle guns out of the United States.

In 1983, O’Callaghan claims to be tasked by the IRA with placing 25 lbs. of Frangex in the Dominion Theatre in London, in an attempt to kill Prince Charles and Princess Diana who are due to attend a charity pop music concert there. A warning is phoned into the Garda, and the Royal couple are hurriedly ushered from the theatre by their police bodyguard during the concert. The theatre had been searched before the concert and a second search following the warning reveals no device.

In 1985, O’Callaghan is elected as a Sinn Féin councillor for Tralee Urban District Council, and unsuccessfully contests a seat on Kerry County Council.

After becoming disillusioned with his work with the Irish Government following the murder of another of its agents within the IRA, which it had failed to prevent despite O’Callaghan’s warnings of the threat to him, and sensing a growing threat to himself from the organisation which had become suspicious of his own behaviour, he withdraws from the IRA and leaves Ireland to live in England, taking his wife and children with him. His marriage ends in a divorce in 1987, and on November 29, 1988, he walks into a police station in Tunbridge Wells, Kent, England, where he presents himself to the officer on duty at the desk, confesses to the murder of Ulster Defence Regiment (UDR) Greenfinch (female member) Eva Martin and the murder of D.I. Peter Flanagan during the mid-1970s, and voluntarily surrenders to British prosecution.

Although the Royal Ulster Constabulary (RUC) offers him witness protection as part of the informer policy, O’Callaghan refuses it and is prosecuted under charges of two murders and 40 other crimes, to all of which he pleads guilty, committed in British jurisdiction with the IRA. Having been found guilty, he is sentenced to a total of 539 years in prison. He serves his sentence in prisons in Northern Ireland and England. While in jail, he publishes his story in The Sunday Times. He is released after being granted the royal prerogative of mercy by Queen Elizabeth II in 1996.

In 1998, O’Callaghan publishes an autobiographical account of his experiences in Irish Republican paramilitarism, entitled The Informer: The True Life Story of One Man’s War on Terrorism (1998).

In 2002, O’Callaghan is admitted to Nightingale Hospital, Marylebone, an addiction and rehab center where he undergoes a rehabilitation program for alcohol dependency. His identity and past activities are not revealed to the other patients. He lives relatively openly in London for the rest of his life, refusing to adopt a new identity. He is befriended in the city by the Irish writer Ruth Dudley Edwards, and works as a security consultant, and also occasional advisor to the Ulster Unionist Party (UUP) on how to handle Irish republicanism in general, and Sinn Féin in particular.

In 2006, O’Callaghan appears in a London court with regard to an aggravated robbery that occurs in which he is the victim.

In 2015, O’Callaghan publishes James Connolly: My Search for the Man, the Myth & his Legacy (2015), a book containing a critique of the early 20th century Irish revolutionary James Connolly, and what he considers to be his destructive legacy in Ireland’s contemporary politics.

O’Callaghan dies by drowning after suffering a heart attack at the age of 63 while in a swimming pool in Kingston, Jamaica, on August 23, 2017, while visiting his daughter. A memorial service is held in his memory on March 21, 2018, at St. Martin’s-in-the-Fields, a Church of England parish church at the northeast corner of Trafalgar Square in the City of Westminster, London. The service is attended by representatives from Ulster Unionist parties and the Irish Government.


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Birth of Angelo Fusco, Provisional Irish Republican Army Volunteer

Angelo Fusco, former volunteer in the Belfast Brigade of the Provisional Irish Republican Army (IRA) who escapes during his 1981 trial for killing a Special Air Service (SAS) officer in 1980, is born in West Belfast, Northern Ireland, on September 2, 1956.

Fusco is born to a family with an Italian background who owns a fish and chip shop. He joins the Belfast Brigade of the IRA and is part of a four-man active service unit (ASU), along with Joe Doherty and Paul Magee, which operates in the late 1970s and early 1980s nicknamed the “M60 gang” due to their use of an M60 heavy machine gun.

On April 9, 1980, the unit lures the Royal Ulster Constabulary (RUC) into an ambush on Stewartstown Road, killing one constable and wounding two others. On May 2 the unit is planning another attack and has taken over a house on Antrim Road, when an eight-man patrol from the SAS arrive in plain clothes, after being alerted by the RUC. A car carrying three SAS members goes to the rear of the house, and another car carrying five SAS members arrives at the front of the house. As the SAS members at the front of the house exit their car the IRA unit opens fire with the M60 machine gun from an upstairs window, hitting Captain Herbert Westmacott in the head and shoulder, killing him instantly. He is the highest-ranking member of the SAS killed in Northern Ireland. The remaining SAS members, armed with Colt Commando automatic rifles, submachine guns and Browning pistols, return fire but are forced to withdraw. Magee is apprehended by the SAS members at the rear of the house while attempting to prepare the IRA unit’s escape in a transit van, while the other three IRA members remain inside the house. More members of the security forces are deployed to the scene, and after a brief siege the remaining members of the IRA unit surrender.

The trial of Fusco and the other members of the M60 gang begins in early May 1981, with them facing charges including three counts of murder. On June 10 Fusco and seven other prisoners, including Joe Doherty and the other members of the IRA unit, take a prison officer hostage at gunpoint in Crumlin Road Jail. After locking the officer in a cell, the eight take other officers and visiting solicitors hostage, also locking them in cells after taking their clothing. Two of the eight are wearing officer’s uniforms while a third wears clothing taken from a solicitor, and the group moves towards the first of three gates separating them from the outside world. They take the officer on duty at the gate hostage at gunpoint and force him to open the inner gate. An officer at the second gate recognises one of the prisoners and runs into an office and presses an alarm button, and the prisoners run through the second gate towards the outer gate. An officer at the outer gate tries to prevent the escape but is attacked by the prisoners, who escape onto Crumlin Road. As the prisoners are moving towards the car park where two cars are waiting, an unmarked RUC car pulls up across the street outside Crumlin Road Courthouse. The RUC officers open fire, and the prisoners returned fire before escaping in the waiting cars. Two days after the escape, Fusco is convicted in absentia and sentenced to life imprisonment with a minimum recommended term of thirty years.

Fusco escapes across the border into the Republic of Ireland before being arrested in January 1982 and is sentenced to ten years imprisonment for the escape and firearms offences under extra-jurisdictional legislation. A further three years are added to his sentence in 1986 after he attempts to escape from Portlaoise Prison, and he is released in January 1992. Upon his release, he is immediately served with extradition papers from the British government for his return to the Maze Prison in Northern Ireland to serve his sentence for the murder conviction. The extradition is granted by a District Court but Fusco appeals, and in 1995 he wins a legal victory when a judge at the High Court in Dublin rules it would be “unjust, oppressive and invidious” to order his extradition due to the time lag involved. Fusco settles in Tralee with his wife and three children until February 1998, when the Supreme Court of Ireland brings an end to the six-year legal battle by ordering his extradition, but he has already fled on bail and a warrant is issued for his arrest.

Fusco is arrested at a Garda checkpoint in Castleisland, County Kerry, on January 3, 2000. The following day he is being escorted back to Northern Ireland to be handed over to the RUC, when his handover is halted by a successful court appeal by Sinn Féin. The arrest and abortive return of Fusco undermines the Northern Ireland peace process, with Unionist politicians including Ken Maginnis criticising the extradition being halted. Republicans are critical of Fusco’s arrest, with leading Sinn Féin member Martin Ferris stating, “The Irish government should immediately move to rescind the warrant against Angelo Fusco. The action will cause great anger and resentment within the nationalist community,” and graffiti in one republican area reads “Extradite Bloody Sunday war criminals, not Fusco.” On January 6 Fusco is refused bail and remanded to prison in Castlerea, County Roscommon, to await a legal review of his extradition, prompting scuffles outside the court between police and Sinn Féin supporters.

Fusco is freed on bail on March 21 pending the outcome of his legal challenge, and in November 2000 the Irish government informs the High Court that it is no longer seeking to return him to Northern Ireland. This follows a statement from Secretary of State for Northern Ireland Peter Mandelson saying that “it is clearly anomalous to pursue the extradition of people who appear to qualify for early release under the Good Friday Agreement scheme, and who would, on making a successful application to the Sentence Review Commissioners, have little if any of their original prison sentence to serve.” After the court hearing Fusco states, “I’m relieved it’s over,” and that he will continue to live in Tralee with his family and work for Sinn Féin.

In December 2000 Fusco and three other IRA members, including two other members of the M60 gang, are granted a royal prerogative of mercy which allows them to return to Northern Ireland without fear of prosecution.


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Establishment of the Special Criminal Court (SCC)

The Special Criminal Court (SCC), a juryless criminal court in Ireland which tries terrorism and serious organised crime cases, is established on May 26, 1972.

Article 38 of the Constitution of Ireland empowers Dáil Éireann to establish “special courts” with wide-ranging powers when the “ordinary courts are inadequate to secure the effective administration of justice.” The Offences against the State Act 1939 leads to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a “scheduled offence” is set out in the Offences Against the State (Scheduled Offences) Order 1972.

On May 26, 1972, the Government of Ireland exercises its power to make a proclamation pursuant to Section 35(2) of the Offences against the State Act 1939 which leads to the establishment of the Special Criminal Court for the trial of certain offences. The current court is first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army (IRA) from subverting Ireland’s neutrality during World War II and the Emergency. The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began.

Although the court is initially set up to handle terrorism-related crime, its remit has been extended and it has been handling more organised crime cases after the Provisional Irish Republican Army ceasefire in the 1990s. For instance, members of the drugs gang which murdered journalist Veronica Guerin were tried in the Special Criminal Court.

Section 35(4) and (5) of the Offences against the State Act 1939 provide that if at any time the Government or the Parliament is satisfied that the ordinary courts are again adequate to secure the effective administration of justice and the preservation of public peace and order, a rescinding proclamation or resolution, respectively, shall be made terminating the Special Criminal Court regime. To date, no such rescinding proclamation or resolution has been promulgated. Following the introduction of a regular Government review and assessment procedure on January 14, 1997, reviews taking into account the views of the relevant State agencies are carried out on February 11, 1997, March 24, 1998, and April 14, 1999, and conclude that the continuance of the Court is necessary, not only in view of the continuing threat to State security posed by instances of violence, but also of the particular threat to the administration of justice, including jury intimidation, from the rise of organised and ruthless criminal gangs, principally involved in drug-related and violent crime.

The Special Criminal Court has been criticised by the Irish Council for Civil Liberties, Amnesty International and the United Nations Commission on Human Rights for its procedures and for being a special court, which ordinarily should not be used against civilians. Among the criticisms are the lack of a jury and the increasing use of the court to try organised “ordinary” crimes rather than the terrorist cases it was originally set up to handle. Critics also argue that the court is now obsolete since there is no longer a serious terrorist threat to the State, although others disagree and cite the continuing violence from dissident republican terrorism, international terrorism and serious gangland crime.

Under the law, the court is authorised to accept the opinion of a Garda Síochána chief-superintendent as evidence that a suspect is a member of an illegal organisation. However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.

The Sinn Féin political party in the past has stated that it is their intention to abolish the Special Criminal Court as they believed it was used to convict political prisoners in a juryless court, however Sinn Féin are no longer in favour of its abolition. Some prominent Sinn Féin members, including Martin Ferris and Martin McGuinness, have been convicted of offences by it. In 1973 McGuinness was tried at the SCC, which he refused to recognise, after being arrested near a car containing 250 pounds (110 kg) of explosives and nearly 5,000 rounds of ammunition. He was convicted and sentenced to six months imprisonment.

(Pictured: The Criminal Courts of Justice complex in Dublin where Special Criminal Court (SCC) sittings are usually held)