'Derry 4' thank Police Ombudsman for cementing exoneration

In a report published on Friday Mrs. Marie Anderson concluded that Michael Toner, Stephen Crumlish, Gerard Kelly and Gerald McGowan - teenagers at the time - were subjected to a “coercive and oppressive atmosphere” and not given an opportunity to have legal representation before signing a total of 21 ‘confessional’ statements.

The involuntary statements related to a series of incidents including the murder of 22-year-old soldier, Lieutenant Stephen Kirby, who was shot dead by the IRA at Carlisle Terrace on February 14, 1979.

"We want to thank the Ombudsman for her report today," said Mr. McGowan, in a statement issued on behalf of the men.

"My name is Gerry McGowan. In 1979 I was arrested and prosecuted for the murder of a soldier in Derry along with Micheal Toner, Stephen Crumlish, and Gerry Kelly. We were just teenagers at the time, 17 and 18 years old.

"We were all innocent of this offence," he said.

He pointed out how in 1998 the men were acquitted of the offence after spending almost 20 years away from their families and home.

"The 1998 court exoneration has now been cemented by the Ombudsman’s independent investigation.

"We complained to the Police Ombudsman about what we suffered at the hands of the RUC. It has taken 20 years from when we lodged that complaint, with the support of the Pat Finucane Centre, until today.

"We welcome the Ombudsman’s findings and conclusions."

He said the report highlighted failures in how 'young persons in custody were treated at the time'.

Mr. McGowan pointed out that the Ombudsman stated that their complaints regarding the mental ill-treatment, detention and interviewing at Strand Road RUC Police station were legitimate and justified and that statements were fabricated and obtained by oppressive and coercive means.

"The Ombudsman stated that she was mindful of our young age and vulnerability, three of us were 17 and one of us was 18 years old."

He concluded: "This is the final piece of the jigsaw in the 43-year journey in the pursuit of justice. We want to thank our solicitor Patricia Coyle, and the Pat Finucane Centre for their enduring support."

Responding to the report Detective Chief Superintendent Ian Saunders, Head of Legacy investigations, said: “Policing has developed greatly since these events took place in 1979. Today, the PSNI has significantly improved policies and procedures for dealing with detained persons. These are unrecognisable to those available to the Royal Ulster Constabulary over 40 years ago.

"The Police Service accepts the significance of this report. We have previously acknowledged significant shortcomings in the treatment of the men involved in this case and recognised the distress that this has caused them. This was reflected in settlement provisions made in January 2019.

"All of our current policies and procedures are firmly embedded in principles of the Human Rights Acts 1998. These ensure that our investigative processes and custody facilities comply with the highest possible standards. All detainees have a range of protections afforded by the Police and Criminal Evidence (NI) Order and Human Rights legislation.

"In addition, we operate under a comprehensive external oversight regime which includes the Office of the Police Ombudsman and the Northern Ireland Policing Board. This should provide our communities with confidence that we deliver our service to the highest possible standards and are publicly accountable for that delivery.”