9 August 2003

Previous reports: http://cryptome.org/fru-stakeknife.htm

http://www.rte.ie/news/2003/0808/stakeknife.html

RTE News

August 8, 2003

Decision on 'Stakeknife' deferred

(14:43) The High Court in Belfast has deferred its decision in a judicial review in the case of the man alleged to have been the British Army's principal agent inside the IRA.

Freddie Scappaticci, 59, is seeking to have the British government deny he is the intelligence agent codenamed 'Stakeknife'.

He had applied to the High Court for a review of Security Minister Jane Kennedy's refusal to confirm or deny he is a British agent.

Lawyers for the British government have said there are implications for national security in denying or confirming the identity of government agents and it is not policy to do so.

Lord Chief Justice Carswell said he would give his decision in the case in the next few days.

http://www.irishnews.com/access/breakingnews/story.asp?j=103564250&p=yx3565zxx&n=103565237&x=

Irish News Online

08/08/2003 12:59:17

Scappaticci 'has been given security protection'

A man named as a top British army agent inside the IRA has been granted some security protection, it emerged today.

Freddie Scappaticci, 59, who has been named by the press as the agent code-named Stakeknife, was allowed general security measures – but was turned down for the key person’s scheme, which would have given him a police guard.

The disclosure was made by Michael Lavery QC, appearing for Mr Scappaticci at Belfast High Court during a judicial review to make Northern Ireland security minister Jane Kennedy confirm that he was not Stakeknife.

There was some doubt about whether Stakeknife existed, or was a “piece of mischief” introduced by someone from inside the security forces or by members of the press, Mr Lavery said.

The British government’s refusal to confirm that Mr Scappaticci was not an agent had put him in danger and was a denial of his right to life under Article 2 of the European Convention of Human Rights.

“The Government has failed to substantiate in any meaningful way that to respond to Mr Scappaticci would endanger intelligence or put anyone’s life at risk,” he added.

Declan Morgan QC, for the Northern Ireland Office, said the government’s policy of neither confirming or denying the status of agents was in the interests of national security.

The Lord Chief Justice, Sir Robert Carswell, said the issue was one of having to weigh up the risk to Mr Scappaticci of the minister staying silence against the risk to other agents if the policy was breached.

He adjourned to consider his decision which he said would be made public as soon as possible.

http://www.irishnews.com/access/breakingnews/story.asp?j=32249792&p=3zz5xx88&n=32250127&x=

Irish News Online

08/08/2003 06:35:14

Man returns to court over 'stakeknife' claims

A west Belfast man was today preparing for the latest legal bid to clear his name of allegations that he was the British Army’s most prized agent at the heart of the IRA.

Belfast High Court will consider a judicial review brought by lawyers acting for Freddie Scappaticci of the British government’s refusal to comment on allegations that he was the British spy, “Stakeknife”.

Mr Scappaticci wants Northern Ireland Office Security Minister Jane Kennedy to make a public statement exonerating him.

A High Court bid by him on Tuesday to force the minister into court to discuss the allegations failed.

After he was identified by several newspapers and a website as Stakeknife, British intelligence sources insisted Mr Scappaticci supplied information on the IRA during the Troubles.

The 59-year-old strenuously denied the allegations but has admitted to having been involved in republicanism.

In June he was granted leave in the High Court for a bid to force Ms Kennedy to break her silence.

In his judgment, Mr Justice Kerr said there was an arguable case that Mr Scappaticci’s life was in “real and immediate danger as a result of the disclosures that have been made about him in the press”.

The judge said: “The history of the murder of informers is too well known to allow any other conclusion.

“The critical issue, therefore, is whether the minister is under a duty to make the statement sought.

“Where claims have been made in the media that Mr Scappaticci is Stakeknife, the silence of the authorities on those claims must surely add credence to them.

The judge added: “A statement that the claims are untrue would at least cast doubt on their accuracy.”

http://www.rte.ie/news/2003/0624/stakeknife.html

RTE News

June 24, 2003

Hoax bomb found at 'Stakeknife' home

(15:25) A hoax bomb has been found at the home of the alleged British army agent known as 'Stakeknife'.

British Army bomb disposal experts were called to carry out a controlled explosion at the house owned by Freddie Scappaticci.

The house is in Andersonstown in west Belfast.

Sinn Féin had claimed it was a pipe bomb but police have said it was an 'elaborate hoax'.

http://www.rte.ie/news/2003/0617/stakeknife.html

June 17, 2003

Scappaticci granted review over allegation

(16:10) The man alleged to be the British Army's top agent inside the IRA, Freddie Scappaticci, has been granted leave by the High Court in Belfast for a judicial review of the British government's decision not to comment on the allegation.

Michael Lavery QC, who is representing Mr Scappaticci, had argued that the Security Minister, Jane Kennedy, had a duty under the Human Rights Act to make a clear statement.

She has refused to confirm or deny that he was an agent.

For the Northern Ireland Office, Declan Morgan QC, said leave for a review should not be granted as Mr Scappaticci could apply under the Data Protection Act for access to the information.

http://www.rte.ie/news/2003/0606/stakeknife.html

RTE News

June 6, 2003

Judgement reserved in Scappaticci case

(17:47) Judgement has been reserved in a case in which a man named in media reports as the British Army's top agent in the IRA is seeking to clear his name.

In the High Court in Belfast today a lawyer for Freddie Scappaticci, a Republican from West Belfast, denied that he is, or ever was, the agent known as Stakeknife.

A lawyer for 57-year-old Scappaticci applied for a judicial review to force the North's Security Minister, Jane Kennedy, to confirm he was not the agent known as Stakeknife.

A barrister said Mr Scappaticci had been subjected to a campaign of vilification in the press. He said the continuing allegations against him had resulted in a very serious risk to his life and urgent action needed to be taken to protect it.

In her initial response, Jane Kennedy had said the British government did not comment on intelligence matters.

The lawyer said this reply was totally inadequate and argued that it was very urgent that the Minister should provide clarification as the threat to Mr Scappaticci's life was immediate.

There was no threat to national security involved in seeking a simple statement that his client was not Stakeknife, he said.

Counsel for the Northern Ireland Office said it was striking that there was nothing in Mr Scappaticci's affidavit to indicate that a direct threat had been made to him by some lawless paramilitaries.

He said no attempt was made to explain whether any statement by the Security Minister would make a button of difference to any such group if they were minded to behave in this outrageous way.

He suggested the matter could be dealt with by making an appeal under the Data Protection Act for disclosure of information.

But counsel for Mr Scappaticci said this was not an appropriate procedure, given the circumstances.

Mr Justice Kerr said there was some urgency about the case and it was not free from complexity. He said he would deliver his decision on whether to grant a judicial review early next week.