The man leading an investigation into the activities of former British agent Freddie Scappaticci has voiced “great concern” after it emerged that MI5 failed to disclose hundreds of pages including “significant new information”.
In March this year Operation Kenova published a detailed interim report into the activities of the Belfast man who was known by the codename Stakeknife.
It is understood that hundred of pages of information were not handed over to the Operation Kenova investigation, which began in 2016, and considered more than 100 murders and abductions.
A full and final report was expected to be made public next year.
In 2003 Stakeknife was identified as Freddie Scappaticci, a former commander of the IRA’s Internal Security Unit who has been linked to the murder of several people.
Also known as the “Nutting Squad”, it was responsible for hunting down and killing informers.
The notorious informer worked for the Force Research Unit, an intelligence gathering branch of the British army.
He died of natural causes last year.
In total Operation Kenova submitted 28 prosecution reports relating to 35 individuals, to the Public prosecution Service, but no action was taken in any.
Current Operation Kenova head Sir Iain Livingstone, who replaced PSNI chief Constable Jon Boutcher last year, raised concerns in a letter to Secretary of State Hilary Benn, who he met last week.
“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 DPPN (Director of Public Prosecutions of Northern Ireland) 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 wrote.
Mr Livingstone wrote that he has ordered that the new material be closely examined.
“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,” he said.
“This work continues.”
He described some of the new information disclosed as recently as July 19 as “significant”.
“From the due diligence carried out, our initial assessment is that the files contain significant new material which appears to point to new investigative leads not previously known,” he said.
“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.”
Mr Livingstone added the new disclosure raises questions about some of the information contained in the interim report, including about when MI5 say they became aware of Stakeknife’s existence.
It has previously been reported that MI5 only became aware of Scappaticci when it was asked to resettle him after he was exposed.
“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,” Mr Livingstone wrote.
“This includes information provided by the security service around the dates when they became aware of the agent Stakeknife.”
A spokeswoman for the Public Prosecution Service (PPS) said Operation Kenova intends to share the newly disclosed material.
“The purpose of the PPS’s involvement is to assist Kenova in their consideration of matters that may be relevant to their final report. In line with the Northern Ireland Legacy Act, no fresh prosecutorial decisions can be taken on the basis of reports submitted by Operation Kenova,” she said.
PSNI chief constable Jon Boutcher also said it was “unacceptable that MI5 continue to provide material to the Operation Kenova Team so long after they undertook to have given full access to Kenova of all the material they held about the agent Stakeknife”.
“The fact that this information continues to be provided to the Operation Kenova Team after the Public Prosecution Service have directed on the files submitted to them will cause further upset to the families who had already waited many years to find out what happened to their loved ones.”
