Secret deal that protected priest linked to IRA bomb outrage

POLICE officers conspired with the UK government and the Catholic Church to prevent the arrest of a priest who was the prime suspect in one of the most appalling atrocities of Northern Ireland's Troubles, a damning report has concluded.

• A scene of carnage outside the Beavpont Arms in Claudy after the IRA's car bomb attacks in July 1972 that left nine people dead and 30 injured Picture: PA

The long-awaited investigation into the Claudy bombing, which killed nine people and injured 30 almost 40 years ago, found there had been collusion to protect Father James Chesney, who was long thought to have been a leading figure in the Provisional IRA.

Yesterday, Northern Ireland Secretary Owen Paterson said the government was "profoundly sorry" that the victims of the IRA bombing and their families had been denied justice following the 1972 outrage.

In the aftermath of the attack, a deal was brokered that saw Chesney transferred across the Irish border to County Donegal in the Irish Republic, where he was outside Northern Ireland's legal jurisdiction.

According to the report by the province's Police Ombudsman Al Hutchinson, the then Northern Ireland secretary William Whitelaw held talks with Cardinal William Conway, who was head of the Catholic Church in Ireland.

The pair met after being approached by a senior officer in the Royal Ulster Constabulary. The RUC officer explained police were reluctant to arrest Chesney, because they felt doing so would inflame the security situation at a time when Northern Ireland's violent sectarian conflict was at its height.

Mr Hutchinson's report revealed police stopped making inquiries into the priest's suspected terrorist activities, even though they had concluded that Chesney was the head of the IRA in South Derry and was believed to have been directly involved in organising the three car bombs that exploded in the quiet County Londonderry village of Claudy.

Chesney, who was moved to Malin Head, Ireland's most northerly promontory in Co Donegal, died in 1980 aged 46. No-one has ever been charged over the Claudy bombing.

Mr Paterson said: "My anger at the actions of those responsible for the attack is matched in strength by my sorrow that the survivors of the atrocity and the relatives of the dead did not see those responsible brought to justice for their crimes.

"I recognise, of course, that all those involved in combating terrorism at the time were making decisions in exceptionally difficult circumstances and under extreme pressure."

His report referred to the talks involving the RUC, Mr Whitelaw and Cardinal Conway, both of whom are now dead, saying: "The actions of the senior RUC officers, in seeking and accepting the government's assistance in dealing with the problem that Father Chesney's alleged wrongdoing presented, was, by definition, a collusive act."

In his conclusions, the ombudsman found the RUC decision not to investigate Chesney had been "wrong" and "contrary to a fundamental duty of police to investigate those suspected of criminality".

By acquiescing to a deal between the government and the Catholic Church to move Chesney to a parish in the Irish Republic, the RUC had been guilty of a "collusive act".

Mr Hutchinson said this had compromised the investigation and the decision "failed those who were murdered, injured or bereaved" in the bombing.

He did not find any evidence of criminal intent on the part of any government or official. Nor was there any evidence to suggest there was any criminal intent amongst the officials of the Catholic Church.

However, Mr Hutchinson went on: "The morality or ‘rightness' of the decision taken by the government and the Catholic Church in agreeing to the RUC request is another matter entirely and requires further public debate. Placing this information in the public domain in a transparent manner enables that debate to take place."

The investigation examined diaries belonging to Cardinal Conway, which confirmed he had discussed the case with Mr Whitelaw.

Investigators also looked at correspondence between the RUC, which was then led by the late chief constable Sir Graham Shillington, and the government. Mr Hutchinson's report found that detectives believed Chesney had been the IRA's director of operations in south Derry and was a prime suspect in the Claudy attack and other terrorist incidents.

A detective's request to arrest the cleric had been refused by an assistant chief constable of RUC Special Branch, who had instead said "matters are in hand". The same senior officer wrote to the government about what action could be taken to "render harmless a dangerous priest" and asked if the matter could be raised with the Church's hierarchy.

In December 1972, Mr White-law met Cardinal Conway to discuss the issue. According to a Northern Ireland Office official, "the cardinal said he knew the priest was a very bad man and would see what could be done". The church leader mentioned "the possibility of transferring him to Donegal…"

In response to this suggestion, RUC chief constable Sir Graham noted: "I would prefer a transfer to Tipperary."

The Catholic Church yesterday insisted it had not been involved in a cover-up.

Cardinal Sean Brady said the transfer of Chesney to Donegal did not stop the authorities arresting or questioning him over the IRA's 1972 triple car bomb outrage in Claudy.

In a statement issued along with Bishop of Derry Seamus Hegarty, the senior clerics said they accept the ombudsman's findings and conclusions.

"This case should have been properly investigated and resolved during Father Chesney's lifetime," the Catholic leaders added.