Victims of IRA bomb cheated out of justice by a 'monumental blunder'
Four soldiers murdered in one of Britain’s most notorious IRA bombings been denied justic because of a “monumental” police blunder
John Downey, who will not face trial
over the Hyde Park bombing after police wrongly sent him a letter saying
he was no longer wanted Photo: Eddie Mulholland
4:50PM GMT 25 Feb 2014
Four soldiers murdered in one of Britain’s most notorious IRA bombings have
been denied justice after a key suspect walked free from court because of a
“monumental” police blunder that has granted him effective immunity.
John Downey, 62, had been wanted for more than 30 years for his alleged role
in the 1982 Hyde Park bombings, which saw a nail bomb tear through the ranks
of the Household Cavalry on a Changing of the Guard procession.
The aftermath of the Hyde Park Bombing outrage that killed four soldiers
and seven horses
He was finally caught last year but today learnt he will never be prosecuted
after it emerged he was wrongly given a “get out of jail free” card in a
deal brokered as part of the Northern Ireland peace settlement.
The collapse of the case — and the passing of more than three decades — means
it is unlikely that anyone will ever be prosecuted over the atrocity.
Mr Downey was one of almost 200 “on the run” IRA suspects who were sent a
so-called “letter of assurance” that effectively protected them from
prosecution.
He should not have been sent the “comfort letter” because a warrant for his arrest was still in force by the Metropolitan Police.
But a senior judge threw out the prosecution after ruling the assurances in the letter had to stand, even if they were sent in error. Mr Downey has spent one year in Britain while on bail and could now sue the UK authorities.
The families of the victims said they had been “devastatingly let down” by the
“monumental blunder” and demanded a full review. The mistake was made by
officers with the Police Service of Northern Ireland (PSNI), who knew Mr
Downey was wanted over the Hyde Park bomb but failed to notify authorities.
Sir Hugh Orde, who was PSNI chief constable at the time of the error,
apologised unreservedly for the blunder while his successor pledged an
investigation.
Four members of the Royal Household Cavalry, Blues and Royals, and seven horses were killed in the 1982 atrocity when a massive car bomb was detonated as they passed by.
Lieutenant Anthony Daly, 23, Trooper Simon Tipper, 19, and Lance Corporal Jeffrey Young, 19, were killed outright and Squadron Quartermaster Corporal Roy Bright, 36, the standard bearer, died from his injuries four days later.
Mr Downey was identified as a suspect soon afterwards when his fingerprints were found on a parking ticket for the car prior to it being moved to Hyde Park. However, the Attorney General later ruled that any extradition bid was unlikely to succeed. He was eventually arrested at Gatwick airport last May while on his way to Greece and charged with the murders. He had believed he was free to enter the UK because he had been sent a letter of assurance in July 2007.
The assurances, agreed between Sinn Fein and the UK government, were sent in
the years after the 1998 Good Friday Agreement, as part of the peace
process, to suspects who had never been caught for their alleged activities.
Lawyers for Mr Downey argued in a two-week abuse of process hearing at the Old Bailey that prosecution would be unfair and would threaten the peace settlement. Mr Justice Sweeney, who has prosecuted several IRA cases during his career, agreed and threw out the prosecution, allowing the details of the case to be made public for the first time.
He said there had been a “catastrophic failure” in the case and it offended the “court’s sense of justice and propriety” to now try the defendant.
Victims of the concealed car bomb detonated in Carriage Road, in
London's Hyde Park, on July 20, 1982 (PA)
In a statement, the families of the dead men said: “This news has left us all feeling devastatingly let down, even more so when the monumental blunder behind this judgment lies at the feet of the Police Service of Northern Ireland.”
Sir Hugh Orde, who is now president of the Association of Chief Police Officers, said it was a matter of “great personal regret” that his officers had made such a “very serious error”.
Matt Baggott, the current PSNI chief constable, also apologised and said the matter would be referred to the Police Ombudsman for Northern Ireland.
Peter Robinson, the Northern Ireland First Minister, said Mr Downey had been handed “a get out of jail free card” and urged an appeal against the decision.
But announcing that the Crown would not appeal, prosecutor Brian Altman QC acknowledged the pain of the victims’ families “who must live with the consequences of it daily, and with the memories of that dreadful event”. Francie Molloy, the Sinn Fein MP for Mid Ulster, said: “I welcome the decision.”
Roy Greenslade, the Guardian writer, was one of Mr Downey’s bail guarantors.
A statement from the Metropolitan Police said the force “respects the decision of the court” and the investigation “remains open”.
Mr Downey declined to comment.
He should not have been sent the “comfort letter” because a warrant for his arrest was still in force by the Metropolitan Police.
But a senior judge threw out the prosecution after ruling the assurances in the letter had to stand, even if they were sent in error. Mr Downey has spent one year in Britain while on bail and could now sue the UK authorities.
Four members of the Royal Household Cavalry, Blues and Royals, and seven horses were killed in the 1982 atrocity when a massive car bomb was detonated as they passed by.
Lieutenant Anthony Daly, 23, Trooper Simon Tipper, 19, and Lance Corporal Jeffrey Young, 19, were killed outright and Squadron Quartermaster Corporal Roy Bright, 36, the standard bearer, died from his injuries four days later.
Mr Downey was identified as a suspect soon afterwards when his fingerprints were found on a parking ticket for the car prior to it being moved to Hyde Park. However, the Attorney General later ruled that any extradition bid was unlikely to succeed. He was eventually arrested at Gatwick airport last May while on his way to Greece and charged with the murders. He had believed he was free to enter the UK because he had been sent a letter of assurance in July 2007.
Lawyers for Mr Downey argued in a two-week abuse of process hearing at the Old Bailey that prosecution would be unfair and would threaten the peace settlement. Mr Justice Sweeney, who has prosecuted several IRA cases during his career, agreed and threw out the prosecution, allowing the details of the case to be made public for the first time.
He said there had been a “catastrophic failure” in the case and it offended the “court’s sense of justice and propriety” to now try the defendant.
Victims of the concealed car bomb detonated in Carriage Road, in
London's Hyde Park, on July 20, 1982 (PA)
In a statement, the families of the dead men said: “This news has left us all feeling devastatingly let down, even more so when the monumental blunder behind this judgment lies at the feet of the Police Service of Northern Ireland.”
Sir Hugh Orde, who is now president of the Association of Chief Police Officers, said it was a matter of “great personal regret” that his officers had made such a “very serious error”.
Matt Baggott, the current PSNI chief constable, also apologised and said the matter would be referred to the Police Ombudsman for Northern Ireland.
Peter Robinson, the Northern Ireland First Minister, said Mr Downey had been handed “a get out of jail free card” and urged an appeal against the decision.
But announcing that the Crown would not appeal, prosecutor Brian Altman QC acknowledged the pain of the victims’ families “who must live with the consequences of it daily, and with the memories of that dreadful event”. Francie Molloy, the Sinn Fein MP for Mid Ulster, said: “I welcome the decision.”
Roy Greenslade, the Guardian writer, was one of Mr Downey’s bail guarantors.
A statement from the Metropolitan Police said the force “respects the decision of the court” and the investigation “remains open”.
Mr Downey declined to comment.
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