Colin Worton

David Simpson Excerpts

Wednesday 1st July 2015 Westminster Hall

[Ian Paisley]

My hon. Friend’s comments echo and amplify the indictment of a system that has blinded itself. Justice has to be fair, but when it blinds itself so much to an injustice that it cannot find a mechanism or way to clear and compensate a man properly, something is fundamentally wrong with the system.

[David Simpson (Upper Bann) (DUP)]

I congratulate my hon. Friend on obtaining this debate. As he knows, many of us in this House have been trying to get a debate on the issue for quite some time, so we are glad it is happening. There is something fundamentally wrong, as our hon. Friend the Member for Strangford (Jim Shannon) has said, when someone who has served his country has to fight to bring his case to this House to try to get justice, rather than getting it, as he should, through the normal system.

[Ian Paisley]

My hon. Friend makes an important point. I commend his actions. He has campaigned for years on this case and has tried to help Colin in the many different forums in which he has been a representative. He has also lobbied constantly and, more important, kept applying for a debate as well. It was really only the luck of the draw, so to speak, that my name came up. I am delighted that he has been so supportive of this case over the years.

As I said, Colin Worton never had his name cleared properly. I welcome the statement of the Northern Ireland Justice Minister, Minister Ford, of a couple of months ago that

“there is no stain on Colin Worton’s character”,

but unfortunately those words are not matched by actions. If there is no stain on the character of a soldier, why for the past 32 years has it been impossible for him to get back his job in the Ulster Defence Regiment? If there is no stain on his character and he can hold his head high, as he has been told by officialdom, why does he not have the simple right to have his job back, to serve his Province and his people?

I will tell the House why: because there is a stain, which has prevented him from going back to his job and from having a proper income-generating life. As a result, he has been forced to do menial jobs around the country, because people whisper behind their hands, “He’s the boy who was part of that murder team that killed an innocent man.” We need to nail that, and nail it loud and clear. We need to point out that if there is no stain on the character of Colin Worton then, given that he has not been able to have his job back for the past 32 years, he must now be properly compensated under existing mechanisms. I will come to those mechanism, because the Minister for Justice in Northern Ireland could use his powers in a discretionary way, and he should be encouraged by this House and this Government to do so. It is no way to treat a citizen of the United Kingdom and former soldier of Her Majesty’s forces. In essence, compensation should be paid to Colin Worton for his loss.

The effect of wrongful arrest and imprisonment—wrongful waste of life—on any person is devastating, and that situation is always wrong. But when a person sees three of his colleagues having their convictions overturned on appeal and being given substantial compensation—rightly so; those three were all also soldiers in Her Majesty’s forces, I should add—he must feel doubly indicted and abused. It seems he is not entitled to the same level of compensation or the same sense that not only has he got overturned something that was wrongly said about him, but the state that did that has been forced to pay for that injustice.

According to the available information, previous Secretaries of State and the Northern Ireland Justice Minister have indicated that, under section 133 of the Criminal Justice Act 1988, Mr Worton does not qualify for compensation. I believe that they are wrong in their interpretation of that section. I set that against the fact that we live in an era when the Northern Ireland Attorney General feels at liberty to recommend that there should be an amnesty system for terrorists to come forward to give evidence in historical cases without the risk of being prosecuted; it simply beggars belief that a man at the opposite end of the spectrum—a former soldier who has been told there is no stain on his character—is being punished for something he did not do in that same era. He is forced to live a life of little opportunity, with the stigma of a horrific murder latching itself to his hip despite his absolute innocence.

For Colin Worton to be told he falls outside the boundary of entitlement to compensation is wrong. The Northern Ireland Minister and the numerous Secretaries of State who come to Northern Ireland, should be encouraged to themselves encourage the devolution system to demonstrate the flexibility that it should have by addressing this particular injustice.

At Mr Worton’s initial trial, his so-called confession statement was deemed inadmissible as evidence because it had been extracted under extreme duress. Let me put that in the language of the street. Mr Worton had the crap kicked out of him until he said the right things. Once he had said them and had signed the right confession, he was going to be banged up in jail. That is what happened to three of his colleagues. Fifteen years later, those convictions were overturned and they were released. When Mr Worton’s case came to trial in 1986, the judge was so perplexed by what he saw that he immediately deemed that Mr Worton’s statement could not be used as evidence, and on that basis told Worton to leave the court room—he was a free man. That did nothing to compensate for the two and a half years he spent lingering in jail for the trial, and it did nothing to compensate him for the loss of his promising career in the services. It did nothing to compensate him for the now decades of financial loss and it certainly did not clear his name. When he left that courtroom, in the eyes of the general public, he got off. They thought, “He got off—he was lucky.”

That, unfortunately, has been the character of the case. There has been a very deliberate effort by many to continue to perpetuate the myth that these were lucky men. But no; these were innocent men, who were wrongly tried and wrongly convicted, and who eventually—thankfully—had their convictions overturned. There needs to be recognition of the serious nature of the case and of the fact that the overturning of the original trial of what became known as the UDR Four meant that convictions against soldiers in Northern Ireland for crimes halved. So few were ever convicted, and so few were ever involved in anything wrong, that this case was held up as an example of how soldiers had been involved in wrongdoing. When the case was thrown out, it halved the number of cases that could be pointed at to show that soldiers had done something wrong in Northern Ireland. That is why it is such an important example and such an important case, and why it has to be put right.

A false confession made under interrogation, of course, implies improper behaviour by the individuals who extracted it. There was therefore a “serious default”, or rather a lack of those words coming from the judge’s mouth. The judge should have recognised that that “serious default” was in place, and if he had recognised that and said so when he put Worton out of the trial, Worton would have been granted compensation. However, because of the lack of those two words, he did not get compensation under the scheme.

These are the words of the Justice Minister in Northern Ireland in a recent debate:

“The general principle behind any payment of compensation is to make reparation where the normal machinery of justice has demonstrably failed the accused person.”

In that debate in the Northern Ireland Assembly, 54 Assembly Members agreed that Worton should be compensated, whereas 27 Assembly Members did not. On that basis, there is a strong momentum to ensure that Mr Worton is properly compensated for this injustice. If he had been compensated in the 1980s when it happened, the matter would have gone away a long time ago.

It says something of the man himself that he has continued to campaign tirelessly, year in, year out, decade in, decade out, to clear his name, because he is so incensed by what has happened to him. His family are equally incensed, and rightly so. Mr Worton has, in my view, conducted this business well and in a dignified manner. He has never stopped in his mission to have his name properly cleared and to have compensation. This is a man whose brother was murdered by the Provisional IRA, and who served in the Ulster Defence Regiment to help protect the Province and its people he so dearly loved. This is a man who had every reason to hate the Irish Republican Army for what they did, yet he worked on behalf of this Government’s security forces to help bring peace to Northern Ireland.

Mr Worton’s father died having had one son murdered by terrorists and another one labelled a murdering terrorist. That injustice to his entire family must be properly addressed. That is why I am pleased that this matter has got the Floor of this House and pleased that it is recognised nationally that there is an issue which the devolved Administration in Northern Ireland must address expeditiously. It has been long enough in the making. They have time now in which they could address this case.