Collusion in Cappagh killings

collusion in cappagh killings
The murder of Thomas Armstrong, Dwayne O’Donnell, John Quinn and Malcolm Nugent
1. Introduction
3rd March 2016 is the 25th anniversary of an attack carried out at Boyle’s Bar,
Cappagh, Co Tyrone by the Ulster Volunteer Force. Four men were killed, three very
young: Thomas Armstrong (aged 52), Malcolm Nugent (aged 20), Dwayne O’Donnell
(aged 17) and John Quinn (aged 22). This publication commemorates their death and
seeks to put into the public domain all the information and documentation about
their lives and deaths. It is hoped that it will assist the families in their long search for
truth and justice about the context of the attack and the unanswered questions that
remain to be resolved.
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The report is based on a written submission of complaint to the Office of the Police Ombudsman
(OPONI). This was drafted on behalf of the families by Relatives for Justice and was lodged
with OPONI in November 2014. Also included is a report compiled by Bernadette McAliskey
who, with Fr Joe McVeigh, spoke to over 30 witnesses about the circumstances surrounding the
murders in the weeks after the killings. An account of the inquest into the deaths which took place
over two days in June 1994 in Cookstown Courthouse is also included. This was compiled by Martin
Donaghy, solicitor at that time for three of the families. (The families, in consultation with RfJ and
Martin Donaghy of Rafferty and Donaghy, Solicitors in Dungannon - who has been the families’ legal
adviser from the outset - developed a legal strategy to involve KRW Law from Belfast. Each firm now
represents two of the families.) Finally, this commemorative publication includes pen pictures of the
four men who died, based on family recollections, love and pride.
The complaint to the Police Ombudsman is the substantive element of this report. It raises
families’ concerns regarding the lead up to the killings, threats that were made to some of the
deceased by state personnel, the suspicion of RUC/UDR involvement in or connivance with the UVF,
the potential presence of a state agent or agents in the loyalist grouping and the inadequate postattack
investigation carried out by the RUC. The connection between the weapons used in the attack
and 17 other killings in the same area are drawn out, as is the fact that one of the weapons used in
the attack was from the arsenal imported to Ireland by loyalists with the assistance of state agents
and British intelligence groups.
The Police Ombudsman’s office is currently viewed as the most likely source of an independent
investigation that will examine all aspects of the case without fear or favour. Over recent weeks, a
review of legacy inquests by Lord Justice Weir has found deep flaws in the willingness of the state to
provide disclosure, particularly in cases such as outlined in this publication where there is suspicion
of collusion between loyalists groups and the RUC/UDR and British army. This was also paralleled
by the resistance of the British Secretary of State Theresa Villiers to agree mechanisms to handle
national security issues in the context of negotiations on legacy architecture in December 2015.
This complaint will be investigated by OPONI officers who will have access to all material relevant to
the case. It is a process, however, which will take a considerable period. Because of this effectiveness,
OPONI has been subjected to large year on year cuts to staffing and resources, hampering its ability to
carry out its investigations as speedily as it would like. Nevertheless, that body has been increasingly
been relied on to carry out independent investigations to conflict related killgs.
There is little faith that the PSNI is capable of providing the requisite independence to examine
evidence without fear or favour. It remains to be seen whether the Historical Investigations
Unit promised in the Stormont House Agreement in Dec 2014 yet emerges; if it does, it will take
over the legacy investigation function from OPONI. Negotiations at the end of 2015 failed to
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