Seven IRA members and five British soldiers not to be prosecuted under Operation Kenova probe into Freddie Scappaticci

The PPS announced its decision in relation to the investigation into the activities of alleged British agent Freddie Scappaticci, codenamed ‘Stakeknife’, who is now deceased.

After consideration of a large volume of material submitted to the PPS on six files, it has been concluded that there is insufficient evidence to provide a reasonable prospect of conviction for any individual reported in relation to five incidents between 1987 and 1994.

The final phase of Operation Kenova decisions involved seven civilians alleged to have been members of the Provisional IRA and five retired soldiers who worked within the FRU.

Of the five former soldiers reported, three were agent handlers and two held more senior positions of Operations Officer and Commanding Officer.

The decisions not to prosecute were taken in relation to:

• The 1987 abduction of one victim who was released;

• The abduction and murder of one victim in 1988;

• The abduction and murder of one victim in 1989;

• The 1989 abduction of one victim who was released; and

• The murder and abduction of one victim in 1994.

Deputy Director of Public Prosecutions Michael Agnew, who has had oversight of all PPS work on Operation Kenova, said: “As with all previous phases of Operation Kenova work, decisions relating to these five incidents were considered impartially and wholly independently by an experienced team of senior prosecutors, who were assisted by independent counsel.

“The challenges encountered in this last phase of decisions, as before, included an absence of important source materials and legal difficulties in attempting to rely upon intelligence records as evidence that could be admitted in criminal proceedings.

"Having carefully considered the extent of the admissible evidence, it was concluded that there was no reasonable prospect of conviction in respect of any of the 12 individuals reported.

“In addition to the detailed public statement explaining the decisions taken in each of the cases, all victims and families connected to these five incidents have received an individual written explanation, along with an offer to meet in future to answer any questions they may have.”

Director of Public Prosecutions Stephen Herron said that the PPS has now taken decisions in all 28 files submitted by Operation Kenova.

Mr Herron said: “I recognise the deep disappointment many victims and families will have at the decisions not to prosecute, and their continuing desire for information and accountability.

“In requesting the criminal investigation into Stakeknife and the conduct of those involved in running him as an agent, my predecessor Barra McGrory KC indicated that he did not take this step lightly but was concerned that serious offences may have been committed.

“It is right, therefore, that a rigorous and thorough examination was undertaken by the Operation Kenova team. It was only after all relevant material had been gathered, analysed and understood that the prospects of conviction could be determined.

"Each decision was carefully considered on an individual basis, as we have sought to demonstrate through the public explanations we have issued at each phase of decision-making. However, the value of the investigation should not be measured solely in terms of any prosecution decision outcome.”

16 people – nine civilians, six military, one police – investigated by Kenova ‘Stakeknife’ probe will not be prosecuted