Historical Enquiries Team

Part of Petitions – in the House of Commons at 8:20 pm on 7 March 2012.

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Photo of Jim Shannon Jim Shannon Shadow DUP Spokesperson (Health), Shadow DUP Spokesperson (Transport) 8:20, 7 March 2012

Thank you, Madam Deputy Speaker, and the Speaker for allowing me to highlight two cases in which the Historical Enquiries Team has been involved: specifically, the deaths of Kenneth Smyth and Hugh Lexie Cummings.

Policing and justice were devolved in April 2010. After that, on 3 November 2010, the Secretary of State felt able to stand up and not only take part in a debate about Bloody Sunday, but take on the burden of apologising, along with the Prime Minister, on behalf of the Government. On Wednesday 30 November 2011, I asked the Secretary of State a question directly relating to the HET:

“The HET investigated the murder of my cousin, Kenneth Smyth, on 10 December 1971—those on the street knew who committed the murder—and Lexie Cummings was murdered on 15 June 1982. HET investigations into both cases concluded that no action should be taken. The concern is that the investigations might not have been thorough, so does the Secretary of State accept that confidence needs to be instilled in the Unionist community and that the HET therefore has considerable work to do?”

The Secretary of State replied:

“I am grateful for that question. I do not entirely agree. The HET is impartial, and the latest polling commissioned on the reaction of the families is extraordinarily high: 90.5% said they were very satisfied or satisfied with the performance of the HET.”—[Hansard, 30 November 2011; Vol. 536, c. 919.]

I am here to represent those families who suggest that some investigations into events during the troubles have not been concluded satisfactorily.

Why is the Bloody Sunday case any different from the one under discussion? I could cynically suggest the difference by asking, has not enough money been spent on the investigations to warrant the attention of the Secretary of State for Northern Ireland? Surely the reason could not be that the families of those men, who faithfully served Queen and country in awful times, are not worth as much. Just because those men wore the uniform of the British Army, does that make them expendable or cannon fodder? I trust that that is not the case, but I shall be very disappointed if I find out that it is.

I thank each and every Member who has stayed behind to hear what the families of those men have asked me to say in this House, respecting and honouring them for the sacrifice that they made for the people of Northern Ireland and for the whole UK. The presence of every hon. Member has been noted and is appreciated.

Kenneth Smyth was my cousin. I remember him well. I looked up to him as an expert shot who introduced me to shooting at a young age, as a six or seven-year-old, and represented the B-Specials of the Ulster Defence Regiment in shooting at Bisley. I have a photograph of him being presented with a prize and a medal by Bill Craig, the Home Affairs Minister from way back in the old Northern Ireland Parliament.

Kenneth used to send me pigeons through the post the whole way from Strabane to Ballywalter—it gave a whole new meaning to pigeon post, so it did. If the birds arrived within a couple of days they were still okay to eat, but if they arrived a wee bit later they were not, I am afraid, quite as edible—but that is by the way.

I have Kenneth’s UDR beret, and my first son is named after him. I admired him when he took part in shooting competitions for the UDR, and perhaps as a young boy I wanted to be like him. I can well remember the day that his life was taken away.

Kenneth’s sister Shelley described him in an interview for a book entitled, “If Stone Could Speak”, and I shall use it in my illustration of him:

“Kenneth Smyth loved hunting or anything to do with the outdoors and, as often as possible, spent his time in the fields and countryside around his native Castlederg in County Tyrone. He was the eldest of four children and described as very talented while at school and with a great ability at hand crafts especially anything to do with wood.”

He was a joiner by trade. The book continues:

“Being a lot younger than Kenneth, his sister Shelley does not remember much about his earlier years, but she does remember him as being very quiet natured and a person who enjoyed fun. In later years Kenneth went to stay at his grandparents house and kept his gundogs there so that he could go hunting more easily in the nearby countryside. Because of the constant terror campaigns being waged in Northern Ireland, security was always of paramount importance and, to supplement the regular police service, the Special Constabulary or B Men were formed. Kenneth was a member of this force and he carried out regular security duties around the frontiers of Northern Ireland and guarded specific installations against attack.

He was still a member when he decided that he would like to go to Canada and join the Royal Canadian Mounted Police and went over there to follow his ambition. It was partially the police and partially the wide open spaces which attracted him, but he only stayed a month as his grandparents pleaded with him to come home as they missed him so much. Around the time he came home, the B Men had been disbanded and was to be replaced by the Ulster Defence Regiment, so he decided to join up.”

Kenneth became a sergeant in the UDR. The book continues:

“As with other members of the security forces, Kenneth was well aware of the risks and took precautions to ensure his safety as much as he possibly could. While he was at home, he placed his car in the garage and closed and locked the garage door. On the nights that he went out either socially or on business he left the garage door open so that he could drive inside in safety and not provide himself as a target by getting out of his car to open it.

One particular night he was out and, for some unknown reason, he closed the garage door and obviously someone who was watching” not too far away

“must have assumed he was at home. A group of masked and armed men attacked the house and forced their way inside. His grandfather”— my grandfather—

“was talking on the telephone and this was pulled from the wall by one of the raiders. They made their way straight to Kenneth’s bedroom, but, on seeing it empty, left the house again and ran off into the darkness. After this Kenneth received numerous death threats including one in a note form that was left on the windscreen of his vehicle when it was parked it in the nearby town of Strabane” in County Tyrone.

“He took the threats seriously enough to take proper precautions and, for months prior to his death, he slept in a different house every night so that he would not have a known routine.”

At that time, there was a petrol bomb attack on his grandparents’ house and they had to grid their windows.

“In September 1971, Kenneth got married and went to live back at his family home in Castlederg, where he and his new wife took over the top flat in a house. Friday 10 December 1971 was a day which seemed no different to any other, as the family carried on their normal routine. Kenneth had his own successful construction business and that morning, he had collected one of his workmen to take him to the job they were working on. They were travelling along Lisdoo Road near Clady, outside Strabane, when they had to stop because of a rope that had been tied across the road. Kenneth stopped the car”— a Jeep—

“to reverse away from it, but a number of gunmen began shooting at the vehicle. Kenneth’s passenger, Daniel McCormick, a Catholic, who was also an ex member of the UDR, was shot and killed” , leaving a wife and four children, one of whom was disabled,

“with Kenneth being seriously wounded. Kenneth managed to get out of the vehicle, but fell on to the ground. While he lay there, he was shot again at close range and died from the injury. Kenneth’s body was taken to his church”— a Church of Ireland church outside Strabane—

“and was given a fulltime guard until the funeral on the Sunday as there were fears that the body would be stolen. He was then buried with full military honours. He was the 5th UDR soldier to be murdered.”

The HET’s summary of intelligence said that there were no recorded threats, yet there were plenty that we were aware of: the gunmen calling at Kenneth’s home, the arson attack on his grandparents’ bungalow, and numerous letters and phone calls to him. The family therefore strongly disagrees with the HET. The HET has also said that one man who was questioned admitted to being there that day and to having shot at the Land Rover. He was tried in the Republic of Ireland, convicted of offences in relation to terrorism and sentenced to a term of imprisonment from 1974 to 1978, when he was released. He continued to live in the Republic until his death in 1995. The obvious question is this: why he was he never prosecuted? Why was he never brought across the border to answer for his crimes? Why was he never extradited? The explanation that the HET provided—that was possibly a matter of papers being lost or overlooked—is not a satisfactory conclusion or an answer for the family, who are still grieving.

The man named an accomplice who carried out the murder, and despite that man being arrested in London for terrorist offences, he was never charged for the murder of Kenneth Smyth. When asked why not, the HET said that the man denied it and the evidence was not good enough to take the case further. Does that provide closure for the family? No, it does not—far from it, especially when it is clear that most of the people in the area knew who had carried out the attack and were powerless to do anything. Has the HET investigation revealed any further evidence? No, it has not.

At this stage, I will say that I am very aware of the funding limitations of the HET and the fact that there is only so much that it can do. My problem is that the closure that it was designed to bring to families, along with the hope of prosecution, has not come close to being fulfilled in Kenneth’s case. Does the Minister feel that the fact that the HET was given a budget of some £38 million to investigate 3,268 incidents, whereas it cost the Bloody Sunday public inquiry £191 million to investigate the events surrounding the deaths of 13 men, reflects the differences between the two cases?