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Judge Cory's Collusion Report on the murder of
Robert Hamill http://www.nio.gov.uk/cory_collusion_inquiry_report_(without_appendices)_robert_hamill.pdf Appendix A Appendix B
Robert Hamill fell into a coma and died twelve days later in Belfast's Royal Victoria Hospital, leaving his partner pregnant with their third child. The four RUC officers did not intervene during the attack. Indeed, after the attack, they did not even administer first aid to the grievously wounded Robert Hamill. They did not declare a crime scene. They did not collect forensic evidence. They did not take witness statements from those present during the attack, despite the attackers themselves remaining on the scene for nearly an hour afterwards. No arrests were made for nearly two weeks, even though some of the suspects were known to the RUC. No-one has been convicted of the murder of Robert Hamill. (The following information is gained from an 'Irish News' article dated 18th June 2003 and a 'Belfast Telegraph' article dated 4th July 2003): In July 2003, three people appeared in court charged in connection with the murder of Robert Hamill. Fifty two-year-old George Hanvey of Derryanvil Road, Portadown was accused of giving false information to police officers inquiring about a 'phone call from his house. He was alleged to have told officers that Michael McKee was responsible for the telephone call which was made at 8.37am on 27th April 1997. Two other defendants, 49-year-old former RUC officer Robert Cecil Atkinson and 49-year old Eleanor Jean Atkinson (whose address was given as c/o Portadown Police Station) were also accused of attempting to pervert the course of justice. They were alleged to have agreed to give false information to officers investigating the telephone call on 27th April 1997.
Hamill
family still playing long, weary waiting game After six years of campaigning for an independent inquiry into her brother's murder, Diane Hamill's resolve, while tested on countless occasions, remains steadfast. She has reluctantly thrust herself into the media spotlight in the battle to uncover the truth of the murder of her brother Robert. Mr Hamill was attacked by a 30-strong loyalist mob just yards from an RUC Land Rover after a night out in Portadown on April 27 1997. The 25-year-old, whose fiancee was expecting their third child at the time, never regained consciousness and died 12 days later in Belfast's Royal Victoria Hospital. The labourer and his friends had decided to walk the short distance home from St Patrick's Hall through Portadown town centre after failing to get a taxi. It was a route that took them through a sectarian flashpoint but they felt reassured by the presence of an RUC Land Rover parked nearby. However, that sense of security was shattered within minutes when a loyalist gang launched an unprovoked assault on the four revellers. Robert and his friend Gregory Girvan were savagely beaten. Mr Girvan's wife Joanne lay over her husband in a bid to protect him from the mob, while her sister Siobhan tried to shield Robert, but the injuries already sustained were to prove fatal. Criticism of the police was swift, particularly of the four officers in the Land Rover, who witnesses allege failed to intervene – a claim consistently denied by the police. Siobhan Girvan said that Robert was "beaten like a dog" by the mob chanting "kill the fenian bastard". "The police jeep was sitting at the top of Woodhouse Street. We screamed for help and an ambulance," she recalled later. "No-one came to help. We would have been safer if we had been four dogs. We would have been taken to the vet quickly," she said a short time later. Diane, oblivious to what was going on was working at a nursing home in Co Antrim. "My mummy and my youngest brother were staying with me for the weekend," recalls Diane. "At 5.30am (on the morning of April 27), the door bell (of the nursing home) rang, it was my mother and brother. "She came in crying and shouting 'Robert's been hurt, Robert's been hurt'. "Mummy said they (loyalists) hurt him and kept shouting 'the police were there, Diane, and they didn't help him'. "I just couldn't believe it. Our Robert was the biggest one of us, I just couldn't believe he could be hurt in any way at all. "I think my brothers and sisters had waited for a while before telling mummy, to see how Robert was, but then they realised he was seriously ill." Robert was transferred from Craigavon Hospital to the Royal Victoria Hospital in Belfast. As Diane waited outside intensive care a patient was being wheeled out for a brain scan – at first glance she didn't realise it was her brother. "He had nearly passed (on a trolley), when I thought: 'I better go and take a look'. It was Robert, I was just flabbergasted. He was unconscious. "Robert was in intensive care for a couple of days. He was then moved out because he could breathe on his own. "He was able to move parts of his body but seemed to be in constant pain. It was as if he knew he was trapped and his body couldn't do anything. "We were told he was out of danger and wasn't going to die. I was expecting a long, long recovery. That was OK, I could handle that." Hopeful that her brother would regain consciousness, Diane decided to return to work, but Robert's condition dramatically deteriorated. "His bed was at the bottom of the ward, and the curtains covered it," said Diane. "The night before (Robert's death), there was a wee man in the bed across the way who hadn't been too well, and I thought something had happened to him. But as I walked further down somebody said to me 'don't go down there'. "One of the nurses then said 'come over here and have a seat'. I walked past her and said, 'Is he alright, is he alright' and she said 'no'." When Diane saw her brother his body was very hot, a symptom of the brain injury he sustained, but she knew he was gone. "I will never forget it," she says. "Robert wouldn't have been attacked that night if he wasn't a Catholic. He was a tall, handsome, jolly, big bloke, always cracking jokes. He was just devoted to his boys." The coming days rolled into one for the Hamills – their grief compounded by police claims that Robert had been injured during clashes between rival factions. "They (the police) said he was fighting, he wasn't," she says. "Ten days later they (police) admitted it was an unprovoked attack. "How could that number of people feel safe to attack and kill a Catholic within yards of four armed RUC officers? Where did they get that confidence from? "We were so angry, that is why we looked for a solicitor and came across Rosemary Nelson (the Catholic solicitor murdered by loyalists in 1999). I had never been near a solicitor before in my life," says Diane. On May 11 1997, five Portadown men; Allister Hanvey (19), a machine operator from Derryanvil Road, Wayne David Lunt (17), a labourer from Manderly Court, Paul Rodney Marc Hobson (20) unemployed from Deer Park, Dean Forbes (18), a painter and decorator from Deramore Drive and Stacy Bridgett (19) a roofer from Donard Walk, appeared in court, each charged with murder. The following day Rory Robinson (25) of Corcrain Avenue, Portadown, also appeared in court charged with Mr Hamill's murder. But the charges against five of them were dropped. Paul Rodney Marc Hobson went to trial but was acquitted of murder and sentenced to four years in jail for causing an affray. He was freed in 1999. The dropping of the murder charges was, to the family, an outcome which they had predicted from an early stage. "We knew they (the murder charges) were going to be dropped. In my view, the police evidence was abominable – it was embarrassing to listen to. "But you always have that hope at the back of your head that justice will prevail. My brother was killed in cold blood and someone had to be held accountable for it." In a further development in October 1999, the Director of Public Prosecutions made the decision not to prosecute the police officers on duty that night. The following year John Leckey, the coroner for greater Belfast, decided an inquest into Mr Hamill's death would not be held because of fears for the safety of civilian witness. All appeared lost. But the family regrouped and called on the support of those in similar circumstances. They forged close links with the family of black teenager Stephen Lawrence who was killed by a racist gang at a bus stop in east London in April 1993. Strong parallels have been drawn between the Hamill case and that of the murdered 17-year-old. Diane also sought strength from words of encouragement from fellow campaigners, whose battles long outstretched her own. "A few days after Robert died we met Amnesty International and British Irish Rights Watch (human rights groups) and they said 'are you sure you want to go ahead with this because this will be a long, hard slog?' she recalls. "Martin Finucane (brother of solicitor Pat Finucane murdered in 1989) said to me 'you have to keep chipping, chipping away'. "Now and again we would meet. Now and again Martin would phone me up." A major breakthrough came in 2001 when the newly appointed Police Ombudsman Nuala O'Loan took over the supervision of the case. Developments were quick – several arrests, including that of an RUC officer. But given their previous experience the Hamill family remained unsure that any charges would eventually be brought. In 2002 Michael McKee of 10 Pineview Heights, Gilford, Co Down, and Andrea McKee of Stabler Crescent, Garden Village, Wrexham, were sentenced after admitting giving false information about who made a telephone call to a suspect's house just hours after the attack on Mr Hamill. The exact detail and nature of the telephone call cannot be disclosed for legal reasons but the McKees' admission has resulted in charges of perverting the course of justice being brought against three people, including a former RUC officer and his wife. Added to this is a continuing internal police probe, while the Irish News recently revealed that two officers were disciplined in connection with the investigation into the murder of Mr Hamill. A woman constable – deployed at the scene in the aftermath of the attack on Mr Hamill on April 27 1997 – is believed to have been the subject of an internal probe over poor written records of the incident. Disciplinary action against a senior officer related to procedural issues involving the securing of the scene to preserve any forensic evidence. It is understood that two other high-ranking officers, (one has since left the service), are also part of the internal inquiry over their role in the murder investigation. "We wouldn't know half of the stuff we know now if it wasn't for her (the police ombudsman)," says Diane. "But the bigger picture has now been filled in. It is worse than what we had thought." Mr Hamill's case was one of four controversial killings, including that of Pat Finucane and Rosemary Nelson, re-examined by Judge Peter Cory to determine whether there should be public inquiries. In yesterday's Irish News it was confirmed that Judge Cory had contacted relatives of Mrs Nelson, Mr Finucane, the Hamills and relatives of LVF leader Billy Wright, informing them that he had recommended public inquiries into each of the four killings. His move came in the face of a British government decision to delay publication of his reports on the cases, amid what officials say are legal concerns over the reports' contents. The Irish government has already confirmed its intention to launch an inquiry into allegations of Garda collusion in the IRA murder of RUC officers Harry Breen and Bob Buchanan. It is another waiting game for the Hamills, along with the other families. "Over time you come to expect obstacles will be put up," says Diane. "The security forces didn't do their job and you would think they would definitely be held accountable over their lack of action. "My brother was an innocent man who was trying to make his way home under the protection of the security forces. "When he needed them most, the only time he ever needed them in his life, they weren't there to help him. "If they are not there to uphold law and order what are they there for? "There has been such a cover-up. It can't be allowed to go on. If you want peace, you can't have peace without truth and justice. "Cory's definition of collusion is: 'the involvement, whether or not it was a failure to act or impartially investigate'. We fall within his idea of collusion." Sadly for Diane, her father Desmond, who died in 2000, and solicitor Rosemary Nelson, who relentlessly drove on their fight amid mounting opposition, are not here to see any successful outcome to the case. "As soon as we spoke to Rosemary, she was very aware of the gravity of the situation," recalls Diane. "Judge Cory wouldn't have looked at our Robert's case if it wasn't for Rosemary. "She really pushed me to do press conferences and speak at a Bloody Sunday event. She said: 'You can do it, you are a strong woman, you can'."
Hamill family in shock as court case collapses The court case against a former RUC officer arising out of the investigation into the murder of Portadown Catholic Robert Hamill has collapsed. A charge of perverting the course of justice against Robert Atkinson has been dropped following the failure of a key witness to testify. The prosecution has also withdrawn the same charge against his wife, Eleanor Atkinson, and another man, Kenneth Hanvey, from Derryanvil Road, Portadown. Mr Hamill was beaten by a unionist mob yards from an RUC Land Rover in Portadown on April 27 1997 and died later in hospital. Police officers on duty that night failed to intervene. Mr Hamill's sister Diane told of her shock at the news: "We were given to believe the RUC officer, Robert Atkinson, his wife Eleanor and Kenneth Hanvey would be prosecuted for conspiring to pervert the course of justice. Now we know they will not. "Almost seven years since Robert was killed the injustice remains steadfast. "We can only hope that the inquiry that should be established under the recommendations of Judge Cory will reveal the full detail of the consistent failures [in the case]." Her solicitor Barra McGrory said, "we now expect that the section of Judge Cory's report dealing with this case can now be published as the prosecution has collapsed," he said. The British government has failed to publish Peter Cory's reports into Mr Hamill's murder and three other controversial killings. The retired Canadian judge has already said he believes the cases warrant independent inquiries.
Summary of Cory Report
“Police officers must not act collusively by ignoring or turning a blind eye to the wrongful acts of their officers or of their servants or agents. Nor can the police act collusively by supplying information to assist those committing wrongful acts or by encouraging them to commit wrongful acts.”
Robert Hamill's Sister Responds Diane Hamill, sister of Robert Hamill, said her family was pleased the British government followed on Judge Cory's recommendation in her case. She said: "For the last seven years this is all we have tried to get from the night that my brother was attacked and allowed to be murdered. "Judge Cory, a man of great integrity, has obviously agreed with us after his exhaustive research and now the British Government has acknowledged the need to establish one.''
From 'Focus on victims of a 30-year dirty war' Robert Hamill Robert Hamill's only crime was going for a drink with his family in Portadown at a time when the town was at its most dangerously divided. Even at that, it was still weeks away from the marching season, and the terror that gripped the town's Catholic community after the stand-off began over the Orange Order demonstration at Drumcree. Hamill, 25, was a builder with two sons, Shane, who was six, and Ryan, aged four. His fiancée was expecting their third child. Saturday-night sectarian brawling was common in Portadown. Locals knew how to sidestep trouble as the pubs and clubs emptied out. But that night there had been a full-blown riot at the corner of Thomas Street and Market Street. As Hamill left St Patrick's Hall with his cousins and one of their wives, he unwittingly walked into the aftermath of a confrontation involving 10 or 12 Catholics and about 40 Protestants. A police Land Rover was parked nearby. Suddenly, according to two survivors, a mob "appeared out of nowhere", having broken away from the main phalanx of Protestant rioters, and attacked Hamill and his cousin Gregory Girvan. Both were beaten unconscious, but some of the 20 or 30 gathered around Hamill continued to kick him in the head, crying "Kill the Fenian bastard". Siobhan Girvan tried to protect her cousin, then ran to the police Land Rover and banged on the sides for help. There was no response. Only after an ambulance arrived did officers leave the vehicle, Hamill's family claimed. Other eyewitnesses confirmed that police did not try to intervene during the 10-minute attack. One man in a Rangers scarf, seen kicking Hamill, was taken to the Land Rover and later allowed out. A constable in the Land Rover that night, who knew one of the alleged assailants from a local club, did not mention him in any of his statements for five months and is alleged to have telephoned the suspect's family and warned them to get rid of his clothes. Judge Cory said that if this was established, "it would constitute the most flagrant collusion... If the shouts and screams could be heard and were ignored, that could constitute an act of collusion that encouraged the rioters."
The most flagrant type of collusion In his investigation into the murder of 25-year-old Robert Hamill by a loyalist mob in the early hours of 27 April 1997, Judge Cory lists nine separate elements of the RUC's response on the night and during its subsequent investigation that require a public inquiry. However, he singled out the conduct of former RUC Reserve Constable Robert Atkinson - referred to throughout the report as "Reserve Constable B" - as being "of such a worrisome nature that it, of itself, requires that there be a public inquiry to resolve the issue". Atkinson's actions after the killing, says Cory, "if established, are capable of being found to constitute the most flagrant type of collusion. His actions did not constitute the simple turning of a blind eye. Rather they could be found to be carefully planned and premeditated actions taken to frustrate a murder investigation and to protect or exonerate an individual who might have been guilty of murder." These actions, he continues "could be found to have frustrated a full and careful police investigation of Robert Hamill's murder". Atkinson was one of the four RUC occupants of the police jeep, the others being Constable Andrew Neil, Reserve Constable Sharp and Reserve Constable Cornett (referred to as A, C and D), who failed to come to the assistance of Robert Hamill and his companions as they were attacked, despite being in full view of the incident and despite the desperate pleadings of Siobhan Girvan, who repeatedly banged on the side of vehicle and shouted for help. The police continue to claim that the killing of Robert was part of a "sectarian riot" in Portadown and that they had intervened immediately to put a stop to the fighting. They claim that the four officers did not see the attack and had been unaware of Siobhan Girvan's desperate pleas for assistance. Robert Atkinson and his wife Elearnor were subsequently charged with perverting the course of justice when it emerged that he had telephoned Suspect O, believed to be Allister Hanvey, the day after the murder, advising him to dispose of the clothing he had been wearing the previous night. Those clothes have never been recovered. It further transpired that the two were close associates, both leading members of a local martial arts club, and had known each other very well for some years. Judge Cory says: "The questions raised by the actions alleged to have been taken by Officer B to advise Mr O to get rid of this clothes are so serious that they must be explored in a public inquiry. There is no other way to restore public confidence in the PSNI... Moreover, it may be that this act affected and permeated the approach of the police to their entire investigation." The report also notes that, despite the fact that Atkinson clearly knew Hanvey well, "he was loathe to identify Mr O by name" in either of his early statements, the first later on 27 April and the second the following day. "Indeed," continues the report, "Mr O was not mentioned by name until Officer B was interviewed under caution in September 1997. Even then Officer B suggested that he had only a passing acquaintance with Mr O." The charges against Atkinson arose from the fact that he concocted a complicated cover story with Michael and Andrea McKee (Mr and Mrs X) to make it appear as if Michael McKee had made a, perfectly innocent, call to Hanvey at the time in question. His trial only collapsed because the crucial prosecution witness, referred to only as Witness A in the report, who is believed to have had a close relationship with Hanvey, refused to testify in court, apparently fearing for her life. The report notes, however, that she has never denied the truthfulness of her statement that Hanvey told her of Atkinson's warning telephone call. Judge Cory also highlights a number of other aspects of the RUC's conduct which should be explored by an inquiry.
Although Allister Hanvey, together with Dean Forbes, Rory Robinson, Wayne Lunt, Stacey Bridgett and Paul Hobson, was eventually charged in relation to the killing he, like most of the others, was acquitted because of a lack of evidence. The only exception was Hobson, who was convicted of affray. The report notes that Lunt and Bridget asked to be housed in the LVF wing of Long Kesh whilst on remand.
Murphy Gives Inqiuries Details British direct rule secretary, Paul Murphy, today announced the terms of reference and panel members for the inquiries into the deaths of Robert Hamill, Rosemary Nelson and Billy Wright. In a written statement in the British parliament, he said: "On 1st April this year, I published Justice Cory's reports into allegations of State collusion in four murders in Northern Ireland. In doing so, I confirmed my intention to establish inquiries into the deaths of Robert Hamill, Billy Wright and Rosemary Nelson. "I am pleased to be able to confirm today both the identities of the inquiry panels and the inquiries' terms of reference. “In each case, the panels will be chaired by a judge and will include both a member with specialist expertise and a lay member. The terms of reference have been deliberately drawn to allow the inquiries to consider both the allegations of collusion that have been made in these cases and also the issue of possible negligence. "The Robert Hamill inquiry will be chaired by Sir Edwin Jowitt, a retired member of the High Court of England & Wales. He will be joined on the inquiry panel by Sir John Evans (former Chief Constable of Devon and Cornwall) and Reverend Baroness (Kathleen) Richardson of Calow (former Moderator of the Free Churches’ Council of England & Wales). The inquiry will be held under section 44 of the Police (Northern Ireland) Act 1998. Its terms of reference will be: ‘To inquire into the death of Robert Hamill with a view to determining whether any wrongful act or omission by or within the Royal Ulster Constabulary facilitated his death or obstructed the investigation of it, or whether attempts were made to do so; whether any such act or omission was intentional or negligent; whether the investigation of his death was carried out with due diligence; and to make recommendations.’ "The Billy Wright inquiry will be chaired by the Right Honourable Lord (Ranald) MacLean of the Court of Session in Scotland. He will be supported in this role by Professor Andrew Coyle (Director of the International Centre for Prisons Studies at King’s College, London) and the Right Reverend John Oliver (retired diocesan Bishop of Hereford). The inquiry will be held under section 7 of the Prison Act (Northern Ireland) 1953. Its terms of reference will be: ‘To inquire into the death of Billy Wright with a view to determining whether any wrongful act or omission by or within the prison authorities or other state agencies facilitated his death, or whether attempts were made to do so; whether any such act or omission was intentional or negligent; and to make recommendations.’ "The Rosemary Nelson inquiry will be chaired by Sir Michael Morland, a retired member of the High Court of England & Wales. The other panel members will be Sir Anthony Burden (former Chief Constable of South Wales Police) and Dame Valerie Strachan (Vice Chair of the Big Lottery Fund and former Chairman of the Board of Customs and Excise). The inquiry will be held under section 44 of the Police (Northern Ireland) Act 1998. Its terms of reference will be: ‘To inquire into the death of Rosemary Nelson with a view to determining whether any wrongful act or omission by or within the Royal Ulster Constabulary or Northern Ireland Office facilitated her death or obstructed the investigation of it, or whether attempts were made to do so; whether any such act or omission was intentional or negligent; whether the investigation of her death was carried out with due diligence; and to make recommendations.’ "As I said in my statement of 8th July, all three inquiries will have full powers to compel disclosure of documents and attendance of witnesses. "The inquiries will start work as soon as possible."
Biographical details of the Robert Hamill inquiry panel members Sir Edwin Jowitt (Inquiry chairman) was a Justice of the High Court, Queen’s Bench Division, from 1988 to 2000. During this period he served as the presiding Judge of the Midland and Oxford Circuit, as a Senior Circuit Judge and as Honorary Recorder of Birmingham. Before this he was a Circuit Judge and a Recorder of the Crown Court. Sir John Evans is currently an advisor to the Football Association and others on security matters. He was Chief Constable of Devon and Cornwall Constabulary between 1989 and 2002, during which time he was also President of the Association of Chief Police Officers. Prior to that, he was Deputy Chief Constable of Surrey, Assistant Chief Constable in the Greater Manchester Police and began his service in Liverpool City then Merseyside. In addition to his consultancy service, he is currently involved in a number of committees and schemes, including both Devon and Cornwall Victims Support Schemes, of which he is President. Reverend Baroness (Kathleen) Richardson of Calow is currently the Moderator of the Churches’ Commission for Inter Faith Relations. She was the Moderator of the Free Churches’ Council of England & Wales and the President of Churches Together in England between 1995 and 1999. She was previously the President of the Methodist Conference and the Chairwoman of West Yorkshire District from 1987. Before this she was a Methodist minister in Denby Dale and Clayton West Circuit.
'Die you Fenian bastard' they shouted at Robert Every day for a month, they'd tie a bunch of flowers to the lamp-post at the spot where Robert Hamill was brutally beaten to death. It was always the same. "By the morning, they'd be gone, every petal, even the sellotape," says Robert's sister, Diane. "In the end, it was too distressful. We just gave up." But she didn't give up on her brother and, on Tuesday, her efforts will be rewarded. The public inquiry into the murder, and police conduct that night and subsequently, opens in Craigavon Courthouse. Nobody has ever been convicted of the killing. Murder charges against six men were withdrawn through lack of evidence. One man was convicted of causing an affray. Charges against a police officer for obstructing justice were withdrawn in controversial circumstances. "Eight years, we've been struggling for this inquiry. Now we've got it, I'm so nervous," says Diane. She doesn't like returning to Portadown since she moved out, and who could blame her? "Die you Fenian bastard!" the loyalist gang yelled at Robert, 25, as they punched and kicked him, and stomped on his head, in full view of an RUC Land Rover in Market Street, the town's main thoroughfare. But it wasn't that which made Diane leave. It was the endless abuse and provocation from loyalists and police which followed. A name, that should have been a reason for shame, became a taunt. "Hamill! Hamill! Hamill!" loyalists jeered at the family or other Catholics in town. They'd shout 'Robbie Hamill, ha, ha, ha!" and jump up and down in a macabre 'dance', as though stamping on his head like the killers had. After the murder, Diane had broken down in tears on TV. They'd mimic her crying. "They'd shout at me 'Where's Robert now? Where are your flowers?' "We'd bought a pup for my wee brother John and I took him into town to get a dog bowl. A crowd called me a Fenian slut. I tightened up my back because I feared they'd hurl something." Diane's outspokenness against the police and killers meant Protestant women she'd worked with stopped speaking to her. She claims an RUC car deliberately swerved at her on the road, and the police behaved "aggressively and provocatively" to her family. "I was always worried my brothers would respond and it would ruin us. Thankfully, they rose above it." Robert Hamill, a labourer, was walking home from a dance at St Patrick's Hall around 1.45 a.m. on April 27 1997. He was with his cousins, Joanne and Siobhan Girvan, and Joanne's husband Gregory. They had to cross Market Street to reach the Catholic Obins Street. They spotted a crowd of loyalists at the corner and were worried. Then, they saw the police Land Rover and reckoned they'd be okay. The two men walked first. A 30-strong mob got stuck into them. Robert was hit over the head with a bottle and lost consciousness immediately. Gregory was knocked out too. The women started screaming, begging the three policemen and woman to do something. "The best armed and trained police force in the world sat 20 yards away and did nothing," claims Diane. "Even if they had fired a shot in the air, it would have scattered the crowd and saved Robert. As the boys lay on the ground, the police didn't attempt first aid. They didn't even get out off their vehicle until the ambulance arrived. "They failed to make it a crime scene so vital forensic evidence wasn't gathered. Nobody was even arrested until after Robert died." He was in a coma 12 days. They played him Christy Moore and Tracy Chapman and tapes of his two sons - Ryan and Shane - telling him how much they loved him. It did no good. His partner, Caroline, gave birth three months later to their daughter Nicole. "I'd never asked God for anything but I asked him to save Robert, and he didn't," says Diane. The police later claimed they were outnumbered by loyalists and could do nothing that night. "They could have sent for reinforcements. The RUC station was only 250 yards away," claims Diane. One of the officers has since left the force. The Hamills' don't know about the other three. "We hope to get answers to the unanswered questions surrounding Robert's death," says the family's solicitor Barra McGrory. Diane hopes, even now, for new witnesses: "Some of the loyalist crowd, or police officers who know about the cover-up, could still come forward. Surely there is somebody out there with an ounce of conscience?"
Hearing into Hamill Death Begins The opening hearing of the Public Inquiry into the sectarian murder of Robert Hamill in Portadown eight years ago has been taking place today in Craigavon Courthouse in County Armagh. A retired British High Court Judge, Sir Edwin Jowitt, is chairing a three-member panel. Following years of intense campaigning, the British government eventually agreed to set up an inquiry into the murder after recommendations from former Canadian Judge Peter Cory, who examined the case. Six men were accused of Mr Hamill's murder. Charges were dropped against five, while the sixth was acquitted of murder and sentenced to four years for affray. A decision was taken not to prosecute any of the RUC officers on duty that night and charges of obstructing justice against one RUC officer were dropped. After today's opening session Dianne Hamill told how her family had put their trust in the inquiry, stressing that witnesses - including the police - need to reveal everything they know. She said: "We would especially like to appeal to any police officers, serving or retired, who have information about that night ... and the botched police investigation. "Come forward, examine your conscience and do the right thing. "We just want to know why Robert was allowed to be murdered within feet of four fully armed RUC officers." Representatives of two Human Rights groups - the Committee for the Administration of Justice and the British Irish Rights Watch - were also present at today's opening session. During a brief submission, Jane Winter, director of British Irish Rights Watch, expressed concerns about any possible immunity from prosecution. "In particular in relation to holders of high public office we believe there may be an issue in this particular investigation," she said. Sir Edwin Jowitt said that no immunity applications had been received by the inquiry and that the issue would only be addressed when a request was made. Sinn Féin MLA John O'Dowd tonight said that the inquiry team must leave no stone unturned to get at the truth and secure justice for the family. The Upper Bann Assembly member also urged the inquiry team to look at the similarity between the case and the murder of Stephen Lawrence in London. Mr O'Dowd said: "I spoke with the Hamill family today and I know that they have mixed emotions in terms of what this inquiry will deliver. "What Robert's mother, sisters and brothers are seeking is simply truth and justice. "It has taken eight years for them to get this far. It is time that the family's request for the truth to be told is finally met and I would hope that this inquiry will achieve that." Mr O'Dowd also called on British Prime Minister Tony Blair and his Northern Secretary Peter Hain to give a public commitment to the Hamills and the Inquiry team that the entire report on the tribunal will be published in full and immediately after its completion. The Inquiry was adjourned until later this year when it will relocate to Belfast to hear testimonies from up to 100 witnesses.
Hamill murder inquiry under new act The long-awaited public inquiry into the murder of Co Armagh man Robert Hamill is to be dealt with under the controversial Inquiries Act. Mr Hamill, a 25-year-old Catholic, died in hospital after being attacked by a loyalist mob in Portadown in 1997. No-one has been convicted over his death. Armed RUC officers were stationed in a Land Rover near to the scene but they allegedly failed to intervene to stop the assault. The inquiry into the murder was opened and adjourned at Craigavon court last year. Now it is understood that the inquiry’s chairman, former High Court judge Sir Edwin Jowitt, has asked Secretary of State Peter Hain that the case be dealt with under the new controversial legislation. Sir Edwin has asked for the switch because “important witnesses are unwilling to give evidence” and the new law will allow him to force them to appear.
British State Must Come Clean on Hamill Murder Ex-RUC officers who are due to give evidence in the inquiry into the brutal murder of Robert Hamill have won a ruling allowing them to retain their annonymity. Today's Belfast High Court ruling overturns a decision that officers would have to give evidence in public at the inquiry. The judge upheld an application for a judicial review brought by an ex-officer, known only as L, on behalf of about twenty colleagues who have been called as witnesses. Ex-officers will now be able to make their own claim for anonymity. Mr Hamill, a 25-year-old nationalist, died in hospital after being attacked and beaten by a loyalist mob in Portadown, County Armagh, in 1997. No-one has been convicted over his murder. Police have denied eye witness assertions that four RUC officers in a Land Rover saw what was happening and failed to intervene. The RUC witnesses challenged the refusal of anonymity because they claimed that if their identities were made known their lives would be at risk. But their application to be screened and known only by an initial was turned down by the inquiry, headed by retired judge Sir Edwin Jowitt. In the High Court today, Mr Justice Morgan held that the inquiry's approach to Article 2 of the European Convention on Human Rights - the right to life - was flawed. A lawyer for the inquiry said they would study the reserved judgement before deciding whether or not to appeal. The decision was welcomed by Stephen McCann, treasurer of the Police Federation which supported the court action. "Nothing should detract from the determination of the serving and former officers to give evidence at the inquiry. However, if they are to be compelled to give evidence they must be protected from attack by members of our society who have no interest in hearing the truth," he claimed. Commenting after today's ruling, Sinn Féin Assembly member for Upper Bann John O’Dowd said that this was the latest stage in the effort to cover-up the facts around the killing. Mr O'Dowd said: "It is beyond dispute that Robert Hamill was brutally murdered in a random sectarian attack as members of the RUC sat back and watched. "At the time of the murder strenuous efforts were made by the RUC to cover-up the circumstances surrounding the killing. It is for this reason that an independent inquiry was needed. "With today's court ruling it appears that the efforts at cover-up and concealment are continuing. "Nationalists and republicans in Portadown will not accept another RUC white wash. "The British State and its agents need to come clean about this and other murders they have been involved in."
Court to decide how inquiry witnesses will give evidence A court is being asked to decide if police witnesses at the Robert Hamill murder inquiry should give their evidence in public. The inquiry is appealing against a recent High Court judgement which overturned its decision not to allow officers to be screened and known only by an initial. The case was briefly before the court yesterday when the two-day appeal was fixed to start on January 24. Last month Mr Justice Morgan upheld an application for judicial review brought on behalf of 20 retired and serving officers who claimed their lives would be at risk if their identities became known. The judge did not order the inquiry panel to grant anonymity but his ruling meant individual officers would be able apply for secrecy before giving their evidence. The inquiry was due to start in September but has had to be postponed indefinitely because of the judicial review and now the appeal. Next month’s Appeal Court ruling may not be the end of the legal process, as observers have hinted the case may end up in the House of Lords. Robert Hamill, a 25-year-old Catholic, was beaten and kicked to death by a loyalist mob in Portadown in 1997. Police have denied claims that four RUC officers in a Land Rover saw what was happening and failed to intervene. The government set up the inquiry to determine if there was any wrongful act or omission by police which facilitated Mr Hamill’s death or obstruction of the investigation into it.
Go ahead for legal challenge to scope of Hamill inquiry The High Court in Belfast has given the go-ahead for a legal challenge to the decision to limit the scope of an inquiry into the murder of a man kicked to death in the North. Nobody has been convicted of the murder in April 1997 when Robert Hamill a Catholic father-of-two was kicked to death by loyalists in the centre of Portadown, Co Armagh, while police in a nearby Land Rover allegedly failed to intervene. Relatives of the dead man have now won a judicial review of the refusal by Northern Secretary of State Shaun Woodward to widen the investigation to include the Director of Public Prosecutions. A spokeswoman for the inquiry team has said the judicial review will take place from June 9-11 and the judgment is expected very soon afterwards.
Hamill family in tribunal call A judge was urged yesterday to overturn the Secretary of State’s refusal to extend the terms of an inquiry into one of the north’s most controversial murders. Relatives of Robert Hamill want the tribunal to be able to examine decisions made in the case by the director of public prosecutions. The 25-year-old Catholic was beaten to death in Portadown, Co Armagh, in April 1997 with allegations that a police patrol was parked just yards from the scene of the attack. Applying for a judicial review at the High Court in Belfast, lawyers for the Hamill family claimed in reaching his decision Shaun Woodward failed to address public concern that no one has been convicted for the murder. Liam McCollum QC said: “What can readily be demonstrated is that at best the secretary of state paid lip service to the public interest exercise he was required to carry out.” The family’s legal challenge came after Mr Woodward concluded in March that, based on legal advice, an extension to the inquiry’s terms of reference was not required. Opening a three-day hearing in front of Mr Justice Weatherup, Mr McCollum argued that this decision focused only on the difficulties to the DPP’s office from any widened scope. “The level of public concern might be so great that it wouldn’t matter how much inconvenience there would be to a government body,” the barrister insisted. “The secretary of state, in our submission, front-loaded his process by looking at what way will this effect the DPP and what will it do to confidence in the administration of justice. The Secretary of State applied the wrong test. On that basis alone we say his decision should be quashed.” Mr McCollum also claimed the case involved legal points of irrationality and procedural unfairness. He added: “We make the case that the decision making process was tainted by a perception of bias and therefore unlawful.”
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