Concern has been raised following the late disclosure of material by MI5 with potentially new investigative leads to a major probe into an Army agent.
It comes after the discontinuation of court cases pertaining to Northern Ireland’s troubled past under the terms of the previous government’s Legacy Bill.
Operation Kenova, a major investigation into the operations of Stakeknife, thought to be the Army’s top agent inside the IRA, published its interim report in April finding that more lives were probably lost than saved by the actions of the agent.
Operation Kenova chief Sir Iain Livingstone (Liam McBurney/PA)
However it did not lead to any prosecutions.
West Belfast man Freddie Scappaticci is widely believed to have been Stakeknife.
He died last year at the age of 77.
Some 32 people, including former police, ex-military personnel and people linked with the IRA, were considered for prosecution on a range of charges from murder and abduction to misconduct in public office and perjury as a result of the Kenova investigation.
The Public Prosecution Service (PPS) in Northern Ireland found there was insufficient evidence to pursue any cases.
It has now emerged that MI5 handed over previously undisclosed material around the activities of Stakeknife in April and July, some eight years after the start of the Kenova probe.
An initial review of the material has been carried out, as well as consultation with Northern Ireland’s Director of Public Prosecutions Stephen Herron.
Kenova chief Sir Iain Livingstone has written to Northern Ireland Secretary Hilary Benn raising his concern at the late disclosure of material he said may include new investigative leads.
Northern Ireland Secretary Hilary Benn (Niall Carson/PA)
“It is of great concern that further material continues to be given to Operation Kenova by MI5 nearly eight years after Operation Kenova commenced; after all the DPPNI determinations in the prosecution reports have been made; following the publication of the Operation Kenova Interim report; and a matter of weeks before the introduction of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023,” he said.
“I have directed that the new information be analysed and checked for evidence and information that could have assisted both Operation Kenova and the DPPNI in their work, as well as for any implications for the accuracy of the Kenova Interim Report. This work continues.”
Sir Iain said it appears from initial assessment that the files contain “significant new material which appears to point to new investigative leads not previously known”.
“Importantly the material does not indicate further murders of individuals that involved the agent Stakeknife and as such no further deaths would fall into the Operation Kenova Terms of Reference based on the now disclosed material,” he said.
“However, the material does appear to cast doubt on some of the documents and witness evidence obtained by Kenova and some statements made in the Interim Report. This includes information provided by the security service around the dates when they became aware of the agent Stakeknife.”