Cold cases solved – but at what cost to justice?

Return of Supergrass Evidence
Reports: Allison Morris
16/04/09

Supergrass evidence, not used since the darkest days of the Troubles, has returned to the courts through new legislation to solve some of Northern Ireland’s cold-case murders – but this development has sparked concerns, not least from victims’ families

THE recent double murder conviction

of loyalist Steven Brown, also known as Revels, on the word of his co-accused was the first test of new legislation which saw the return of the ‘supergrass’ trial to Northern Ireland courts.

In 2005 the Serious Organised Crime and Police Act came into effect in England, Wales and Northern Ireland.

The recent trial into the

brutal murder of Portadown teenagers David McIlwaine (18) and Andrew Robb (19) was the first test of the act in the north, although it has previously featured in gangland trials in England.

Where the supergrass trials of the 1980s failed, the new legislation has been tightened to ensure that any convictions achieved are sound.

Earlier this month Brown received a minimum 30-year jail term for the barbaric murder of the two teenagers following evidence from former associate Mark Burcombe.

Burcombe had a charge of murder against him reduced to grievous bodily harm in return for his testimony.

He had also given details of Noel Dillon’s role in the kill-ings. Dillon died in 2005 after apparently taking his own life.

David McIlwaine’s father Paul is critical of the use of the act against his son’s murderer.

“I have no problem with the new legislation or with the

use of the legislation but I do have a serious issue with how it was used in this case,” he said.

“I still feel there was enough evidence to convict both Brown and Burcombe of murder without the need to resort to giving out prosecution

immunity.

“We were used as a test and that in itself caused its own difficulties in that the defence kept challenging different aspects of the legislation.

“This added about a month on to the trial and caused untold additional anguish to both families.

“The legislation states that to be eligible for immun-

ity a person has to give a true

account of their role and

also any previous criminal

offences.

“Burcombe didn’t do that. He covered up his own part

in the boys’ murders. The only person who gained from his testimony was him. It certain-ly wasn’t his victims’ families.

“He saved his own skin and now he will be given a new life and a new identity while we are left without justice having been completed.”

While organised gangland crime in England was a consideration when the legislation was being drawn up, Northern Ireland, with a long history of unsolved paramilitary killings, will test the new act to its limit.

In Northern Ireland only the director of public prosecutions has the power to issue an immunity notice to an offender in return for assistance.

If a reduced sentence is offered in return for assistance this must be stated in open court and details of what the greater sentence would have been must be made public.

Immunity notice is only one part of the legislation and is used only in the most serious of cases such as murder.

Restriction from prosecution is more common. In that case evidence will not be used to prosecute the offender providing it. However, he or she can be charged if new evidence comes to light.

The act contains an agreement to provide assistance.

This provision can allow an offender a slightly reduced sentence for assisting police and is more commonly used in less serious crimes.

Full story of brutal killings may never be known

By Barry McCaffrey
04/04/09

The full story of the brutal murders of Andrew Robb and David McIlwaine on a lonely country road nine years ago may never be known, despite Steven Brown being sent to prison for at least 30 years.

Mr McIlwaine’s father Paul McIlwaine last night welcomed the fact that his son’s killer will not be eligible for release until he is almost 60 years old.

But Mr McIlwaine snr, who described Brown as a “pebble in an ocean”, believes that at least one other person involved in the murder was protected because he is a police informer.

Brown, who at the time was known as Steven Revels, was first charged with the teen- agers’ murders in 2000 alongside mid-Ulster loyalists Mark Burcombe and Noel Dillon.

However, within months the charges were unexpectedly dropped despite the victims’ families saying they were told there was ample evidence to bring the killers to justice.

In 2005 the charges were resurrected when Burcombe, who is understood to have undergone a religious conversion, walked into a police station and confessed his role.

Dillon died in 2005 after apparently taking his own life.

In February last year the joint trial of Burcombe and Brown was dramatically hal- ted when it emerged that murder charges against Burcombe were to be dropped in exchange for him agreeing to give evidence against his

co-accused.

Burcombe later pleaded guilty to reduced charges of greivous bodily harm and was sentenced to two and a half years in prison.

However, he had already served the equivalent sentence while on remand. He was spirited out of Northern Ireland and is now living on a witness-protection scheme.

It was the first time that a ‘supergrass’ had been used in a Northern Ireland court in 25 years. The reintroduction of the controversial system has caused concern among victims’ families.

“I understand fully his evidence was used and was compelling as to the actions of Revels and Dillon but his own role in the murders is yet to be explored,” Mr McIlwaine

snr said.

“I don’t believe for one minute he told the complete truth and it’s an issue that will be taken up as soon as

possible.”

Loyalist sources last night confirmed Burcombe’s role as a senior figure in the mid-Ulster UVF.

He is understood to have personally driven Brown to Belfast to be sworn into the paramilitary group in 1999.

Paul McIlwaine’s campaign to bring his son’s killers to justice has also uncovered evidence that another loyalist implicated in the murders was paid £500,000 for building work on security force bases over a three-year period after the killings.

Andrew Robb and David McIlwaine had been murdered by the UVF in retaliation for the LVF killing of UVF Portadown leader Richard Jameson weeks earlier.

Despite Jameson’s well-known links to the UVF, police admitted in September 2007 that £320,000 had been paid to his building firm and to another Co Armagh contractor for work carried out on various police stations over a six-year period.

In November last year Chief Constable Sir Hugh Orde publicly apologised to the families, admitting that almost

£5 million had actually been paid to the two firms.

He pledged to investigate how Jameson’s firm had won security-force building contracts, despite twice failing police vetting procedures.

It is understood that a third vetting process also resulted in rejection but was overturned on appeal by the Northern Ireland Office.

Last month Sir Hugh admitted that a total of £11 million had in fact been paid to the two Co Armagh building firms.

It is known that nearly £500,000 of this was paid to the second contractor, who cannot be named for legal reasons, despite him having been a key suspect in the teenagers’ murder.

Questioned as to how two builders with alleged links to the UVF could have received millions of pounds in government contracts, the chief constable said: “We have con- tracts with many builders, many who may have history, evidence or intelligence or whatever.

“If they get through the system I have no option but to employ them. If they are on the [NIO-approved] list it is a decision around value for money.

“If the [policing] board want to instruct me not to use A, B or C then that is fine – but I suggest that the board would need legal advice and I do think extreme care needs to be taken as to what is said in public.”