Massereene Barracks Shooting 2009

Tuesday 2nd September 2014 Westminster Hall

16:29

[Mr David Lammy (Tottenham) (Lab)]

For my constituents Mehmet Azimkar and Geraldine Ferguson, the horrific murder of Fusilier Drummer Lee Rigby would have been painfully reminiscent of the gunning down of two other unarmed young soldiers outside their barracks five years ago. Although Lee Rigby’s killers have been caught and, rightly, imprisoned for life, the murderers of Sapper Cengiz Patrick Azimkar and Sapper Mark Quinsey are still out there. It is clear to me, as it is to this family and their supporters, that justice is yet to be found in this case. Public attention may have drifted, but the families remember.

I stand here today to raise unanswered questions that have arisen from the investigation into the murders outside the Massereene Barracks in County Antrim, Northern Ireland, on Saturday 7 March 2009. Sapper Patrick Azimkar grew up in Wood Green in London. He was the son of a Turkish Cypriot builder and a mother of both Catholic and Protestant heritage. Patrick avoided the temptations by which many young men in my constituency are led astray. At first, he pursued his talents as a young footballer, and he even tried out for his local team, Tottenham Hotspur. Instead of pursuing a football career, however, he signed up to the armed forces.

Patrick’s family have said that he found a sense of purpose and direction from becoming a soldier. His fellow soldiers talk of his sense of fun, his energy, his motivation and his ambition. Patrick joined 25 Field Squadron, 38 Engineer Regiment, Royal Engineers, and he served in Kenya before being posted to his regiment’s permanent base in Northern Ireland. When he died aged only 21, Patrick was just hours from flying out to Afghanistan to serve in southern Helmand.

Sapper Mark Quinsey, who was 23 when he died, was Patrick’s colleague and friend. He came from Birmingham and joined the Army at the age of 19. He had recently qualified as an electrician at the Royal School of Military Engineering. He was survived by his mother, father and loving sister. His mother, Pamela Brankin, sadly died last year, having never recovered from the loss of her son.

Operation Banner, under which the UK deploys troops in Northern Ireland, ended in July 2007. The soldiers were, therefore, based in Northern Ireland with their regiment on only a temporary basis before being deployed overseas. To be clear, they were not deployed within Northern Ireland. On a Saturday evening, the two ordinary young men, who had no interest or involvement in the politics of Northern Ireland, were gunned down in a volley of bullets by two gunmen clad in balaclavas and using assault rifles, in a barbaric attack that was later claimed by the Real IRA.

The soldiers were off duty and unarmed. They were leaving their barracks for a moment to collect a pizza, before flying out to join their fellow soldiers on deployment in Afghanistan. The gunmen showed a cold, calculated ruthlessness in the murder, deliberately shooting the young men a second time even when they lay on the ground. Six other men, including the two pizza delivery men, three other soldiers and a guardsman, were also targeted, and three were severely wounded in the attack. Those watching CCTV footage of the killing noted that Sapper Azimkar pushed a fellow soldier to the ground to save him, before being shot himself.

I am no expert on Northern Ireland; I represent the concerns of constituents in London. Although the conflict in the region is a large and important part of the United Kingdom’s history, it feels remote from my constituents. However, it has touched the life of a family in my constituency. We must remember that the Real IRA murdered the young men years after the Good Friday agreement was signed and troops were removed from Northern Ireland’s streets. Although we wish for enduring peace in Northern Ireland, it must not be achieved at the cost of justice for such families.

The first issue I would like to raise concerns security at the base. At the time of the murder of Patrick and Mark, and the attempted murder of six other young men, Northern Ireland was at its highest security level for more than a decade. Following thwarted attacks on police officers and police headquarters, special branch had issued warnings of an imminent attack. Only the previous week, the level of threat had been raised from substantial to severe, and all serving police officers had returned to wearing flak jackets on a regular basis. There are, therefore, questions surrounding the level of security at the base.

Why was the base protected by one guardsman provided by the devolved Northern Ireland Security Guard Service—a security service armed only with pistols—rather than by the soldiers themselves? The lone civilian guardsman on duty was significantly outgunned and outnumbered, and he dived for cover rather than firing back at the terrorists. Why has the Northern Ireland Security Guard Service not been held to account for its failure to protect the soldiers? Did the service understand the increased risk? What measures had it taken to protect the base in the light of the heightened threat level?

Security at the base appears to have been lax. Soldiers had formed a routine of ordering fast food to the barracks gates, and they made approximately 20 orders a week from local fast food outlets. The barracks are close to the main road, so all that the killers had to do was to lay in wait for the young men as they collected the food. Why, during a heightened security alert, were young recruits allowed to walk out of the base, unarmed but highly visible in their Army desert fatigues, to collect pizzas from outside the entrance?

The Army came to the decision that convening a service inquiry would serve no useful purpose because there were no new lessons to be learned. Patrick’s parents feel that the decision to use civilians on security was politically motivated, with the aim of making the Army’s presence less visible. They query the effectiveness of a security guard, who was probably on minimum wage, protecting the base when a soldier on duty protecting his friends and colleagues might have been able to do more. The family are concerned that the debate over Army security focused too much on the political concerns in Northern Ireland, and that effective security at the base was sacrificed to appease local politicians’ concerns.

I understand that following the attack, the number of Northern Ireland Security Guard Service personnel was increased, and that they were issued with body armour, helmets and long-barrelled weapons in place of sidearms. That is a step in the right direction, but it was taken far too late.

[Lady Hermon (North Down) (Ind)]

As a public representative from a Northern Ireland constituency—although the Massereene massacre, as it has become known, did not happen in my constituency—may I reassure the right hon. Gentleman and other Members of the House that Catholics, Protestants and those of no faith came out in their hundreds and hundreds to demonstrate against the murder of the two young soldiers? We were greatly upset, and it was not politically motivated from the Unionist community, I can assure him.

[Mr Lammy]

The family has drawn some comfort from the warmth of feeling that they have received from the community. The hon. Lady’s comments are well made.

The second issue that I would like to raise is the quality of the prosecution’s case during the subsequent trials. The work carried out by Forensic Science Northern Ireland and crime scene officers was incredibly poor. The collection of evidence was especially sloppy, and the performance of forensic experts in the witness box was woeful.

Two men, Brian Shivers and Colin Duffy, were prosecuted for the murders. Colin Duffy is a dissident republican who had previously been linked to the murder of another soldier, John Lyness, in 1995, and the murders of two police constables in 1997. His DNA was found on a seatbelt buckle and in the tip of a latex glove in the burned-out getaway car that was used in the attack. He was surely involved. Nevertheless, he was acquitted at trial. Since then, he has been arrested in connection with the murder of prison officer David Black and charged with terrorism offences. Brian Shivers aided and abetted the murders by setting fire to the getaway car. He was originally found guilty of the murders and sentenced to 25 years in prison.

[Dr William McCrea (South Antrim) (DUP)]

This ghastly incident happened in my constituency. I assure the right hon. Gentleman and the families that my constituents continue to express their love and support for the families who have gone through this tragedy.

The right hon. Gentleman mentioned Mr Shivers, who is one of my next door neighbours. He told the court that he had only a few months to live. Those few months seem to have greatly increased, for he is still running around the town, seemingly in the full bloom of health. Does the right hon. Gentleman agree with me that no stone should be left unturned until those who perpetrated this ghastly, brutal murder are brought to justice? That is the only thing the people in my constituency will support. Justice must be done.

[Mr Lammy]

I am grateful to the hon. Gentleman for the way he put his remarks. I know the family have drawn some comfort from the strength of feeling in the community that justice must be done. In 2013, the conviction of Shivers was overturned by Northern Ireland’s appeal court, and he was freed following a retrial. He claimed that he had been set up and that the forensic evidence had been planted.

Forensic Science Northern Ireland and the crime scene officers made a number of careless mistakes that undermined the prosecution’s case. The getaway car was found, partly burned, containing bullets of the calibre used in the attack, two mobile phones, balaclavas, a camouflage holdall and matchsticks. DNA evidence was found on the matchsticks, in the car and on the phones. One of the phones was found to have received an answerphone message congratulating the murderers on their work.

[David Simpson (Upper Bann) (DUP)]

I congratulate the right hon. Gentleman on securing this debate. He has mentioned Mr Colin Duffy, who is from my constituency. He is a well known, ranked republican. He is well known to security forces and, quite frankly, is as guilty as sin. Unfortunately, the evidence was not there in its fullness to convict. The right hon. Gentleman has raised a number of issues. Yes, there are a lot of questions that need to be answered, but I assure the family and the right hon. Gentleman that we, as Members of this House, pay tribute to every member of the Crown services from the mainland who ever served in Northern Ireland and paid the supreme sacrifice.

[Mr Lammy]

The House has heard those remarks and the manner in which they were made.

The crime scene officers did not remove the matches from the car until four days after the attack. The two matches found on the back seat of the Vauxhall Cavalier were then placed in the same bag, which increased the possibility of cross-contamination of DNA and assisted the defence in attacking the forensic evidence at the trial. The half-rear seat was folded down over the matches by the crime scene investigator, potentially transferring DNA.

The forensic experts also failed to change gloves between internal and external examination of one of the phones. They rightly understood that the possibility of transferring DNA via the gloves was miniscule, but by failing to change their gloves they showed naivety about building an airtight case that they could defend in court. Indeed, their evidence in the witness box was lamentably poor. One crime scene investigator even insisted on oath that he was not in the car; however, his DNA had been found inside. Brian Shivers did not even have to give an account of why his DNA was in the car; instead, he used his right to remain silent. The defence exploited those loopholes and, as a result, Brian Shivers walked free.

Others connected to the murder by DNA—Dominic McGlinchey Jr. and Declan McGlinchey—have not even faced charges. Only one person has been successfully convicted in connection with the murders of Patrick Azimkar and Mark Quinsey. In November 2013, Old Bailey bomber Marian McGlinchey pleaded guilty to providing the mobile phone used to claim responsibility for the Real IRA murders of the two soldiers. She received only a suspended sentence and has never revealed to whom she supplied the mobile phone.

The third issue is the process of justice in Northern Ireland. No jury has ever looked at the evidence against Colin Duffy and Brian Shivers. It appears to the families of the victims that Patrick Azimkar and Mark Quinsey received a lower level of justice simply because they were killed in Northern Ireland rather than elsewhere in the UK. They rightly ask whether the outcome might have been different if 12 ordinary members of the public had seen the evidence.

Mr Justice Hart presided over the first trial in 2011 and Mr Justice Deeny presided over the retrial last year. The family strongly suspect that Mr Justice Hart, a man as human as any of us, may have felt intimidated or afraid to draw a guilty verdict against Colin Duffy, who has a far-reaching, powerful reputation in Northern Ireland as a terrorist. It was Mr Justice Hart’s last case before retirement and the family fear that, in the twilight of his career, he was worried about his security when he no longer had all the protections afforded to a judge. The families of murder victims should be able to trust the courts that pursue the murderers. Such questions would not even have to be raised if a jury had tried the case.

[Lady Hermon]

I am very grateful to the right hon. Gentleman for taking a second intervention from me. During the appalling bloodshed of more than 30 years of troubles in Northern Ireland, the legal profession and the judges suffered just like the rest of the community. A number of them were murdered or intimidated, and a number of family members were also murdered or intimidated. I have to defend the integrity, honesty and courage of every single judge in Northern Ireland, including those who intend to retire, and I cannot possibly let that go without a remark.

[Mr Lammy]

I understand why the hon. Lady wants to make those remarks, but she will understand the parents’ desire to put this on the record and my responsibility as their Member of Parliament to make it absolutely clear that jury trials are fundamental to the nature of our democracy. The departure of jury trials in Northern Ireland to this day is something that this House should continue to revisit. We are all frail human beings, whatever our religious persuasion.

In the rest of the UK, jury trials for murder are the norm. Diplock trials were introduced in Northern Ireland in 1973 for serious criminal cases connected with the troubles. Ostensibly a temporary measure, such trials suspended the right to trial by jury in favour of a single judge. They were officially abolished in Northern Ireland in 2007, but single-judge trials continue to this day.

Sixteen years on from the Good Friday agreement, is it not time to restore the primacy of the jury and use technological advancements and other powers to ensure that jury members are protected? Could we not find other ways to try to ensure a more just system for victims of terrorism in Northern Ireland? Those who might argue that a jury’s safety and integrity cannot be guaranteed in County Antrim should consider why we should distinguish between a defendant with gangland connections in London and the accused who stands trial in Northern Ireland.

I asked the Prime Minister at Prime Minister’s questions earlier this year about the ongoing use of non-jury trials in Northern Ireland. He told me that the provisions are up for renewal in 2015. Those who look to renew the use of such trials should take note of the impact on the victims’ families, as in this case. The considerations of a family who feel that their son received a lesser justice because he was not killed on the mainland should and must be taken into account when deciding whether to exercise such a provision. Trials by jury are fair, efficient and effective. A jury is an integral and indispensable part of the criminal justice system, and I urge the Government to bear that in mind when the use of such trials is reconsidered next year.

I am humbled by the strength and dignity that my constituents Mehmet Azimkar and Geraldine Ferguson have shown over the past five years while pursuing answers to those questions. This couple, who have experienced and endured sorrow and loss with true fortitude and with such dignity, persevered in ensuring that their voices are heard by the very highest levels in Government, the judiciary and the Army. I thank on their behalf the many people who have supported them over the past five years, including: their friends and families for their unending love and support; Lee Burton, the family’s Army visiting officer; the Police Service of Northern Ireland; the people of Antrim town who, as we have heard, are committed to keeping Patrick and Mark’s memories alive; and Kevin Hart of the Royal British Legion’s independent inquest advice service, whose unstinting support made it possible for the family’s voices to be heard. Of course, I also mention Patrick’s brother.

Parents can never be expected to find peace when their son has been taken from them, but the families of Sapper Azimkar and Sapper Quinsey have endured suffering and heartbreak that should have been avoided. I hope that the Government will hear their voices and help them, five years on, to bring some sense of closure.

16:39

[The Parliamentary Under-Secretary of State for Northern Ireland (Dr Andrew Murrison)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I commend the right hon. Member for Tottenham (Mr Lammy) on securing this important debate.

I begin by offering my sincere condolences to the families of both Sapper Patrick Azimkar and Sapper Mark Quinsey. My right hon. Friend the Secretary of State for Northern Ireland met Patrick’s parents recently. I know that they are taking a close interest in today’s proceedings, and that my right hon. Friend was deeply moved by the account that they gave. Their personal strength and dignity at this difficult time is remarkable. Five years on, I am sure that the pain that they have suffered will not be erased. It is a particularly cruel irony that two fine young men should be struck down on home soil just as they were preparing to serve their country in Helmand.

Before I address the points raised in the right hon. Gentleman’s speech, I assure the House that this Government take the threat posed by terrorists extremely seriously. Northern Ireland-related terrorism is a tier 1 risk in the national security strategy, meaning that it is of the highest priority to this Government, as it was to the Government in which the right hon. Gentleman served. Five years after the Massereene shootings, the threat level remains at “severe”. However, progress has been made, as I am sure many of the hon. Members here will attest. As a result of the sterling and often unsung work of the Police Service of Northern Ireland and MI5, working in close co-operation with police in the Republic of Ireland and others, lives are undoubtedly saved and the ill intent of violent criminals thwarted or mitigated.

[Jim Shannon (Strangford) (DUP)]

Some of the names of those involved in the murder have been mentioned. David Jordan, who is in prison in the Republic, has also been mentioned. A European arrest warrant has been issued for him on his release from prison. Can the Minister confirm that all of those allegedly involved in these murders, in the Republic of Ireland or wherever they may be, will be brought to justice?

[Dr Murrison]

That is clearly the firm intent of both the Westminster Government and the Northern Ireland Executive. Violent terrorists, wherever they are, must be called to account. I know that all the agencies that I have mentioned, and others, are bent on ensuring that such wicked individuals are brought to account and face the full rigour of the law, wherever they are.

[Lady Hermon]

I am most grateful to the Minister for allowing me to intervene. Can he please give a categorical assurance that none of those suspected of involvement in the murder of those two courageous young British soldiers at Massereene are sitting with a letter, familiarly referred to as a comfort letter, signed by the Northern Ireland Office and sent to on-the-runs?

[Dr Murrison]

Given that they have faced trial, one must assume that they are not. However, I cannot tell the hon. Lady whether those names appear on the list of 200 people issued with such letters. Given that they have faced trial, it seems unlikely to me.

Before I come to the burden of my response to the right hon. Gentleman’s points—

[Sammy Wilson (East Antrim) (DUP)]

Will the Minister give way?

[Dr Murrison]

If the hon. Gentleman will forgive me, I have only a few minutes to answer the right hon. Gentleman’s points, so I would like to crack on.

It must be understood that those who continue to favour violence and terrorism in Northern Ireland are few in number. Those individuals are acting in defiance of the clear will of the people of Ireland, both north and south, and holding democracy, decency and the rule of law in contempt.

Turning to the important issue of barracks security, many of the points that the right hon. Gentleman raised in his speech are the responsibility of the Northern Ireland Executive under the devolved settlement. It would not be appropriate for me to comment on areas for which I do not have direct responsibility. However, responsibility for the armed forces is not devolved, so I will start by saying that the Government take the safety of military personnel very seriously indeed. Security measures for members of the armed forces are made and set in accordance with a specific threat level relating to them, which is kept under regular review.

In Northern Ireland, armed guarding and security is undertaken by the Northern Ireland Security Guard Service, which consists of Ministry of Defence employees specifically trained for the job. That is similar to guarding provision in the rest of the UK, and it is not accurate to say that the use of civilian MOD employees results in an inferior service to what would be provided by soldiers.

Security measures at Massereene barracks on the night of the incident were set and implemented in accordance with the threat level pertaining to the Army at that time. At the time of the murders of Sapper Azimkar and Sapper Quinsey, those guarding the barracks carried pistols. I will return to that point in a minute. Security guidance for personnel visiting Northern Ireland and the Republic of Ireland has been reviewed since the incident; there has also been a security review at all establishments in Northern Ireland, as the right hon. Gentleman would expect. It has led to the introduction of a number of measures in order to match the increased sector-specific threat assessment following the attack, including the introduction of long-barrelled weapons for the NISGS. Where required, security infrastructure improvements have also been made to barracks in Northern Ireland.

Although the Army originally intended to hold a service inquiry to examine events leading up to the incident, it was quite properly put on hold pending criminal investigations, following which it was decided that as a result of the enhanced security measures that had been put in place, no further lessons of consequence could be learned. However, in accordance with normal practice, a learning account exercise was undertaken. It recommended a number of further security measures, such as arming the NISGS with rifles.

An assurance inspection was carried out in June 2012 at Massereene, which was deemed satisfactory. The barracks were then sold in 2013 to Randox Laboratories Ltd, which I believe is relevant in this case. In 2013, the director of personnel services for the Army judged that as a result of the enhanced security measures, the closure of the barracks, the two PSNI investigations and the passage of time, a service inquiry, whose purpose would be to learn lessons and not to apportion blame, would not add materially, a view endorsed by the Adjutant-General and noted by the then Minister of State for the Armed Forces. I understand that the families have been invited to meet to discuss the reasons behind the Army’s decision. I feel that the families may find it useful to have that meeting, and the offer remains open to them.

The right hon. Gentleman referred to how the investigation of the Massereene shootings was carried out. I emphasise that I cannot comment authoritatively on matters devolved to the Northern Ireland Executive. Justice is devolved, and with it the PSNI and Forensic Science Northern Ireland. However, I know that the PSNI continues to investigate the murders of both men at Massereene barracks, and the cases are still open. Both the PSNI and this Government share the families’ frustration that no one has yet been brought to book for that heinous attack. It is my sincere hope and expectation that justice will ultimately be brought to bear in this case.

I cannot comment on the specific concerns raised in connection with the investigation and how it was conducted or discuss specific concerns about forensics, as it could affect any future investigation. However, it is my understanding that the senior investigating officer tasked to the case has met with Patrick Azimkar’s parents to discuss their concerns in detail. Furthermore, as a result of the judgment by Justice Deeny in the second trial, both the PSNI and Forensic Science NI conducted a review to examine the issues raised. I am assured that all the recommendations contained in the reviews have been implemented.

I am also aware of the concerns raised by the Azimkar family about the trials, re-trial and acquittal in the case, but I suspect that the right hon. Gentleman, as a lawyer, will agree with the proposition that judicial independence is fundamental to criminal justice. Judges must be free to act without pressure, threat or interference. In light of that, it would not be appropriate for me to comment on either the judicial decision or the process, and “Erskine May” specifically discourages me from doing so, but I too remain disappointed and dismayed that no one has yet been made accountable for those appalling crimes. I want convictions, and very few in Northern Ireland want terrorists to get away with their barbarity. It is cause for regret that although Northern Ireland has moved on, its public face is still marred by its association with violence.

I will turn briefly to the use of non-jury trials in Northern Ireland, an important point raised by the right hon. Gentleman in his speech. As he knows, there is now no system of Diplock courts in Northern Ireland, as they were abolished in 2007. What we have in Northern Ireland is a system that allows for non-jury trials in specific circumstances where it is deemed necessary to secure a fair trial. The decision is not taken lightly, and it is made by the Director of Public Prosecutions in Northern Ireland based on the facts of the case in question. That was the case with the trial of those accused in relation to the Massereene shootings.

Although there is rightly a general presumption in favour of a jury trial, the non-jury system is generally recognised as removing the risk of perverse verdicts by reason of intimidation or bias. Furthermore, non-jury trials have the advantage of a written judgment explaining the reasons for conviction or acquittal and are an effective way of securing a fair trial for all parties and mitigating the risk of intimidation or subversion of the judicial process. However, the current non-jury trial provisions are due to expire in July 2015, and my right hon. Friend the Secretary of State for Northern Ireland will review the current provisions in the coming months.

The right hon. Gentleman mentioned the support being provided to the families—

[Mr Philip Hollobone (in the Chair)]

Order. I am sorry to interrupt the Minister. I thank all Members who have attended this important debate.

17:00

Sitting adjourned without Question put (Standing Order No. 10(13)).