The Barron Inquiry - Draft Terms of Reference for Inquiry - A Fresh Inquest - BIRW Report - Witness Account - Ludlow Family Account - Sunday World report May 1976 - Meeting the Police Ombudsman - ED Moloney Radio Interview - 25th Anniversary - Profile - Questions - Photographs - Press Release - Letter to RUC - Magill article 1999 - Press Coverage - Barron Report Published - Download the Barron Report from the Oireachtas website (pdf file) - Statement from Justice for the Forgotten - Joint statement from Justice for the Forgotten, Relatives for Justice and the Pat Finucane Centre
1. REQUESTS FOR INFORMATION
2. DETENTION OF SUSPECTS
3. RUC INVESTIGATION FILE
4. NEWSPAPER ALLEGATIONS
5.DECISION OF DIRECTOR OF PUBLIC PROSECUTIONS, NORTHERN IRELAND
REQUESTS FOR INFORMATION:
Although the information obtained by D/Supt Courtney in 1979 was clearly viewed asmore reliable than that given to the Ludlow-Sharkey family by Joe Tiernan in 1996, efforts were made to follow up all possible suspects for the murder. In a report dated 20 January 1997, D/Supt Murphy suggested that the RUC be asked to provide the following information concerning the seven names given by Tiernan:
•Detailed background information on each individual;
•Evidence of association between any or all of them;
•Information concerning any arrest or detention of those individuals which took place between 1 January 1976 and 1 January 1977;
•The purpose of any such arrests, and any charges arising from them;
•Whether they were questioned about murders committed along the border;
•Any information or intelligence on RUC files suggesting that those individuals were involved in any cross-border murders, including that of Seamus Ludlow;
• Any records which might show an association between those individuals and the four suspects named in D/Supt Courtney’s 1979 report – Hosking, Long, Carroll and Fitzsimmons.
On 5 February 1997, D/Supt Murphy reported that the RUC had agreed to carry out such enquiries, but that it would take a number of weeks to do so.
The outcome of these enquiries does not appear in the documents seen by the Inquiry, but it is presumed that nothing of any substance emerged to connect those named by Joe Tiernan with the murder of Seamus Ludlow. By the time of a meeting in RUC Headquarters, Belfast on 3 April 1997, the focus was clearly on Hosking, Long, Carroll and Fitzsimmons. D/Supt Murphy reported:
"Present was D/Inspector… who is co-ordinating enquiries. He informed the members that he has traced the four nominated suspects to their present addresses. One of them resides in England.
He has also spoken to the two RUC police officers who obtained the original information concerning the four suspects. One officer has now retired. Both officers are now co-operating with him…
D/Inspector… is satisfied with his progress to date and will communicate any official requests through official channels. He is satisfied that the suspects can be dealt with in his jurisdiction in accordance with the provisions of the Offences Against the Person Act, 1861. 23 He will communicate further prior to any action being taken against the four suspects."
By letter dated 26 June 1997, the RUC sought copies of the investigation report, photographs and ballistic reports from An Garda Síochána. These were provided on 15 September.
On 27 November 1997, D/Supt Murphy attended another meeting at RUC Headquarters. It was reported that provisional dates of 7 and 14 January 1998 had been selected to detain the four suspects:
"Arrests and interviews will be arranged by the RUC and co-ordinated by Det. Inspector... Members from this Unit will be present to provide briefing instructions. In the event of any admissions the Director of Public Prosecutions’ office in Dublin will be consulted to obtain appropriate advices."
The Inquiry has spoken to Deputy Director Barry Donoghue from the DPP’s office in Dublin, who confirmed that he had a short meeting with D/Supt Ted Murphy at which he was informed of the fact that four suspects were to be arrested in Northern Ireland for the murder of Seamus Ludlow. There was no written correspondence and he did not keep a note of the meeting. He stated:
"I may have telephoned an official in the Northern Ireland DPP’s office to say that we would have no objection to charges being preferred in their jurisdiction if that were to be contemplated. This would have been on the basis of comity between prosecution agencies and on the basis that the Gardaí had no evidence on which they could consider the preferring of charges here. I do not recall any further contact from the Gardaí on this issue."24
DETENTION OF SUSPECTS:
Fitzsimmons, Hosking and Long were eventually arrested by RUC officers on 18 February 1998. On the following day, Samuel Carroll was arrested at his home in England and flown to Belfast. All four men were held at Castlereagh Detention Centre, Belfast and interviewed over a number of days by teams of RUC officers. They were then released without charge.
A number of Garda officers including D/Supt Ted Murphy were present at Castlereagh Detention Centre while the interviews were being carried out. According to D/Supt Murphy, the principal reason for their attendance was in case clarification was required concerning matters within Garda knowledge. In accordance with established protocol, they did not sit in on the interviews themselves, but attended conferences at which progress evaluations and suggestions for lines of questioning were made.25 D/Supt Murphy’s report of 6 March 1998 contained a summary of the information obtained at these interviews. A fuller account was contained in documents submitted by the RUC to the DPP in Northern Ireland for his consideration. These documents were not made available to D/Supt Murphy, but were received by the Inquiry in October 2004 and are considered below.
RUC INVESTIGATION FILE:
Prior to the release of the four suspects, the overall facts of the case (including the admissions of Hosking and Fitzsimmons) were discussed with the Director of Public Prosecutions in Northern Ireland. He advised that an investigation file be submitted to him for his directions. D/Supt Murphy has told the Inquiry that he informed the DPP in this jurisdiction that the matter was being pursued by his counterpart in Northern Ireland.
The investigation file was assembled by RUC officers in Belfast. Gardaí gave assistance, supplying documents from the original investigation as requested. D/Supt Murphy’s report concluded:
"[They] and all their colleagues who assisted in the arrests and interviews of the suspects acted in a most professional manner and spared no effort in endeavouring to bring this matter to a successful conclusion. They are to be highly complimented for their efforts and assistance."
In due course, a letter of appreciation was sent from the Garda Commissioner to the RUC Chief Constable, embodying these sentiments.
The investigation file prepared for the DPP in Northern Ireland and seen by the Inquiry consisted of the following:
1) Copies of documents relating to the original Garda murder investigation, supplied by An Garda Síochána to the RUC at their request.
2) Statements made by the RUC officers who arrested and interviewed Hosking, Fitzsimmons, Long and Carroll in 1998. These statements contain accounts of what transpired during the interviews with the suspects. They are not direct transcripts, but are based on notes taken at the time.
3) A statement from an RUC officer who met with Hosking in 1986 and 1987.
4) The RUC file in relation to the murder of David Spratt at Comber on 2 June 1976.
5) Criminal records of Fitzsimmons, Long and Carroll (Hosking did not have a criminal record).
Hosking was interviewed on 12 occasions between 18 and 21 February 1998. His first response was to tell officers that he couldn’t understand why they were talking to him about the Ludow murder, as he had already told Special Branch all he knew about it in 1986 or 1987. When asked was he involved in the murder, he replied:
"I would be a victim of being in the wrong place at the wrong time."
He then proceeded to give an account of the events of that day, which was noted by the interviewers as follows:
"Hosking then told the following story to us.
‘I used to drink in Comber in the First and Last [pub] and I got to know a team from Belfast who were Red Hand. There was a guy called Dick Long, Mambo, another fellow from Killyleagh who was in the UDR and was a friend of Dick Longs. I got to know these boys over several weeks and then they asked me, I think it was Dick Long, to go with them to the border because there was rumours of IRA roadblocks on the border and they wanted to go down and have a look. I said ok and I went with them…
Me and Mambo and Dick Long and this other man from Killyleagh, we went in this man’s car. It was a sporty job and he was driving. We stopped for a drink in Killyleagh and then drove on to Dundalk and stopped in some pub there, don’t ask me where and then drove on out of Dundalk…
We picked up this man, we gave him a lift because he was thumbing, and then they took him up the road and shot him.26 It was terrible, I have lived with this for years.’
At this point Hosking became upset and appeared shaken."
When questioned further, Hosking said that Long used to come down to the First and Last pub regularly. He named two others who regularly accompanied him – one of whom, Kenneth Brown, was later convicted with Long of offences relating to the murder of David Spratt.
"He [Hosking] wasn’t drinking buddies with them but occasionally he would have the odd drink with them for 10/15 minutes. He told us he couldn’t be sure but thought they had been coming into the bar for 2/3 months before the night of the ‘disaster’."
Hosking told them that Carroll (whom he knew only by his nickname, ‘Mambo’) first appeared in the bar about one month before the murder. He was in the company of Long. Contrary to what he said at first, Hosking did not recall seeing Fitzsimmons (the man from Killyleagh) before the night Seamus Ludlow was killed. He was asked if he had ever heard them discussing loyalist paramilitaries. He replied:
"He told us he didn’t but said that everybody in the bar said they were ‘Red Hand Commando paramilitaries’."
He himself denied any association with the Red Hand Commandos, although he admitted he was a member of the North Down Volunteers (an affiliate of the UDA) at the time.
On the day in question, Hosking had gone to the First and Last bar in the afternoon.
"He said he couldn’t remember fully clearly but recalled that the bar was ‘dead’, near empty. He added the ‘boys’ had gone over for he thought the Rangers / Celtic cup final."
Long, Fitzsimmons, Carroll, Brown and another man came in around 6 or 7 p.m. He was not sure if they came in together. Hosking said he had about seven pints in the First and Last bar.
At some point, someone suggested that they ‘go for a run’ elsewhere. Hosking, Long, Carroll and Fitzsimmons left together in Fitzsimmon’s car – a yellow, two-door sports model. According to Hosking, Long sat in the back behind the driver’s seat; Hosking sat beside him, and Carroll sat in front. Each time they got into the car that evening, they sat in the same positions.
Hosking told the RUC that they went to a bar in Killyleagh – possibly in a hotel - where he had another 3 or 4 pints, and then drove on to a bar in Omeath. He thought they arrived there around 10.30 p.m. – he remembered watching highlights of the F.A. Cup Final on ‘Match of the Day’.
After leaving Omeath, they drove down to the Border. Hosking thought he remembered them passing through an official checkpoint.
"He [Hosking] didn’t know where but there was a checkpoint, a building with an arm thing across the road. He told us the driver from Killyleagh stopped the car got out and walked over to the building and showed something to a soldier inside it through a window or something. He told us that he remembered vaguely the driver came back to the car and when he got in he was sort of laughing and said something about showing his UDR pass. He added he couldn’t remember what. He told us they all drove to Dundalk and went into a pub. They all had another two or three drinks."
Hosking remembered seeing a man thumbing a lift as they left Dundalk. He couldn’t say who said to stop, but Fitzsimmons did so, and the man got in the back, between Long and Hosking.
"He recalled the man said that they had drove by his house. Then he said no, that in fact he (the man) indicated his house was over there and the man pointed he thought to his right but he couldn’t be sure. He told us the driver kept driving. Hosking couldn’t recall but thought at this stage they were on a smaller darker road than they had been on, but he didn’t recall turning off a main road. At this point Hosking said that Dick Long said to turn round to stop to go to the toilet. The driver stopped the car."
In a later interview, he added that the driver reversed into a laneway. At the request of the interviewing officers, he drew a rough sketch of the area.27
"When it stopped Mambo got out and Hosking said he got out and went over to the hedge and went to the toilet. Hosking said ‘All I heard was bang, bang, bang four or five times.’ Hosking said he stood there in shock and all he couldremember was, Mambo pulled the man out of the car and Dick Long was pushing him out. Hosking indicated to us at this stage he was about the width of the interview room from the car. We asked Hosking what happened. He told us he couldn’t recall. He told us that Mambo and Dick Long threw the man on top he thought of a hedge just beside where he was. Hosking strongly denied when put to him that he assisted to dump the body."
When it was put to him that he must have turned around after hearing the first shot, he was said to have replied:
"When I was going to the toilet I heard a bang and turned and Mambo was leaning into the car and shooting the man another 2 or 3 times. Dick Long was still beside the man in the car and the driver was still behind the wheel."
Hosking described his own position at that time as being level with the headlights of the car. The front passenger door was wide open. Carroll was outside the car, crouched down and leaning inwards as he shot Seamus Ludlow.
Throughout his detention, Hosking continued to maintain that he had not helped to move the body out of the car or onto the hedge. He said he could not explain why the victim’s coat and jacket were on top of the body when it was found.
Once the body had been thrown on to the hedge. They all got back in the car as before.
"He told us the fella from Killyleagh as far as he could recall never got out of the car and it spun away…
He said there was an eerie silence in the car. He said he was shocked the whole way. He recalled that Mambo said that he would shoot a Protestant if he could get away with it. He was asked in what context this was said. Hosking replied: ‘I think this was aimed at me.’"
He was questioned repeatedly concerning what conversation, if any, took place on the journey home, but maintained that he was in shock at the time and could not remember. He stated:
"When we came back from the border we went to Killyleagh and we all got out of the car. The driver went into his house and me and Long and Mambo got into another car that Long drove back to Comber… They dropped me off at the end of my street and Mambo and Long drove on."
He said he could not remember anything about the car in which they drove back to Comber.
Hosking told the interviewers that when he got out of the car, he realised that he had blood on his trousers.
"He thought there must have been blood inside the car but he didn’t recall seeing it. Hosking told us he went into the house, took off his trousers and put them into the washing machine. He told us that was it, he then went to bed."
On the following night, he was in the First and Last bar again, and Long and Carroll came in.
"He told us that Dick Long told him there was possibly a contract out on him and he (Dick Long) would have to see if he could get it cleared. He added he (Dick Long) would have to speak to John McKeague who was the head of the ‘Red Hand’ as he, Hosking wasn’t in the Red Hand and he, Hosking had seen what they had done. Hosking told us he believed Mambo, Long and the fella from Killyleagh were in the Red Hand."
In a later interview, he added that Long had told him the contract would be out on him unless he joined the Red Hand Commandos. When asked why he didn’t ask the UDA to protect him from this threat to his life, he responded:
"I didn’t want to tell you but I did go to see [a named individual] … of the North Down Volunteers in Comber UDA. He told me that he would see Dick Long and get it sorted out. He told me later that he had got it sorted."
Hosking said he did not tell this man the reason for the threats issued against him. RUC officers interviewed this man in September 1998. He recalled that in the early 1970s the Red Hand Commandos were trying to establish themselves in Comber. He also recalled being approached by a number of local youths, one of whom was Paul Hosking, in relation to the pressure this organisation was putting on them. This man, along with two others from the Vanguard group, met with Red Hand leader John McKeague, who he says sorted it out.
During the period of Hosking’s detention, interviewing officers asked him about the occasion in 1986 / 87 when he had contact with the Special Branch. He replied:
"I was at a funeral with [a named RUC officer] and he told me that a man from the Special Branch wanted to see me about something very important. I said that that was alright and so he phoned the guy from the Castle Inn in Comber. [He] told me that I had to meet him, the Special Branch man, acouple of days later…
I went… and met this man and he told me that he was from Newtownards Police Station and that they knew that I had been at the scene of the murder of Mr Ludlow and what part I had played. He asked me what had happened and I told him my involvement in it, just the same as I have told you."
Hosking said that all this occurred around September 1986, not long after he had returned from Scotland, where he had been living. When asked if the Special Branch man had said anything else to him, Hosking replied:
"He said he was satisfied with my story.
Q. Did you not ask him what was going to happen to you?
A. He said just forget about it."
When asked if he had worked for this man as an informant or source, Hosking said "No, I couldn’t tell him anything." He said he met the Special Branch man again on the Killinchy road at the latter’s request: he was asked about certain people but Hosking said he didn’t know any of them. They met on one more occasion:
"On the third time I met him he was asking about people in the First and Last [pub], and when I told him that I was barred out of there he seemed to lose interest."
The Special Branch officer concerned was identified in due course as one of those who had received the original intelligence concerning Hosking and the other suspects in 1977. On 25 June 1998, he made a written statement outlining the history of his involvement with the Ludlow case. He wrote:
"In 1977 I was stationed in Newtownards and became aware of information regarding the murder of Seamus Ludlow. From records I can say that this information was submitted to Special Branch Registry at RUC Headquarters. From records I can say that a further four documents were submitted to the RUC containing information regarding this murder. These documents were submitted on 24 September 1977, 16 January 1978, 28 December 1978 and 2 March 1979. In general terms this information related to the persons involved in the murder of Seamus Ludlow."
He attended the meeting with Garda Supt Courtney on 15 February 1979, but said he had no further discussion on this matter with the Gardaí after that.
On 24 Feb 1984 he submitted a report that Hosking was living at a specified address in Glasgow. On 12 Jan 1987 he reported that Hosking had returned to NI and was living in Comber.
He admitted making contact with Hosking in January 1987:
"My plan was to seek out Hosking as I was aware that he associated with persons who visited the bar and that he drank in the bar in the past… The conversation I had with Hosking was about loyalist paramilitaries in Comber and especially the First and Last bar and the persons who frequented these premises. He told me that he would help if he could…
Some time after this I was driving out the Killinchy Road in Comber and I saw Paul Hosking walking along the road and I pulled in and spoke to him for a short time. The conversation was brief but there was nothing he could tell me. I may have spoken with Hosking again but I have no recollection of this."
However, he denied bringing up the subject of the Ludlow murder in these conversations:
"I have been asked… if I discussed the murder of Ludlow with Paul Hosking at any time I met with him and I can say that I did not speak about this matter or any matters relating to this, as I had submitted all the information in respect of the murder and the suspects and had briefed the Gardaí as this murder had occurred in the Republic of Ireland."
Fitzsimmons was interviewed on 15 occasions between 18 and 20 February 1998. Having been cautioned, he was asked if he wanted to give an account of the events of 1 May 1976. His reply was noted as follows:
"OK I’ll tell you what happened. I thought this was about that wee fellow Spratt that was killed in Comber, but I’ll tell you I went down to Comber that night – no I was supposed to, but I split my fingers on a wheel bearing and had to go to the hospital that night but I learned now who that person was, Mambo Carroll, I’ve learned a lot about him since then and if I knew who he was I wouldn’t have been there.
Anyway, there was a provie called … who lived in the South Down area and I knew him from the Int Cell from the UDR and I had heard he was living in Omeath, so me and Dick Long who was also in the UDR decided to go to Omeath to try and find [him] and where he was living to give the information to the UDR Int Cell. I can’t really remember if I went down to Comber to pick up Dick Long or he came to my house… There was another person with Dick. I didn’t know who this person was then, but later found out he was Mambo Carroll. We then headed for Omeath; I drove my car, a yellow Datsun 100A to Omeath."
In his account, Fitzsimmons made no mention of Hosking. When this was pointed out to him, he maintained that he knew no one of that name and that only himself, Long and Carroll had been in the car that night. He said he thought that Long had sat in the front seat, but later admitted that he was not sure of this.
When asked what they did in Omeath, he first said that all the pubs there were closed, so they drove on to Dundalk. When it was put to him that this was not plausible, he replied that perhaps they had looked in the windows, seen that they were empty and decided not to go in.
Fitzsimmons also said that they did not stop for a drink in Dundalk, but merely drove around and then out again. He remembered seeing Seamus Ludlow thumbing a lift on the road out of town, near the bridge.
"Somebody said give that boy a lift he’s half pissed, I don’t know who it was…
All I know is we drove out of Dundalk and the wee man said turn right; it was after the Ballymascanlon road to the Hotel. I turned down that road and I don’t think we went that far and the wee man said let me out here, let me out. I drove on down and got a place to turn so as I could let him off then for me to continue on our journey. I would always do that.
Q. Then what?
A. We stopped I don’t know, I don’t know to be honest with you, I just don’t know I heard bang, bang, bang it nearly took my ears off it was awful loud."
When asked who shot him, Fitzsimmons replied:
"I didn’t see. I just collapsed over the wheel…I think Dick got out of the car, Carroll got out of the car, then I heard bangs and I think the wee man was still in the car. I collapsed on the wheel I don’t know if it was fear, shock or both…
I think they lifted him out of the car and threw him at the side of the road and left him just where we had stopped. They seemed to be away from the car for 20 or 30 seconds; they hadn’t time to carry him down the road.
Q. What happened then?
A. They just came back and said let’s go."
In due course the interviewing officers asked him to draw a sketch of the scene, which he did. His sketch differed significantly from that of Hosking.28
Fitzsimmons said that after the shooting he drove home; at which point the others got into their car and drove away. He recalled being stopped by a VCP (vehicle checkpoint) and asked where they were going and coming from. He later said that this happened near the railway bridge south of Newry.
"Q. Did they ask your name?
A. No they didn’t and they didn’t do a car check.
Q. Did you or Dick use your warrant card?
A. No I didn’t have mine with me knowing I was going over the border.
Q. Did Dick have his?
A. I don’t know.
Q. Did you see the gun?
A. No I never seen it."
When asked what conversation had taken place in the car on the way back from Dundalk, he was sure that there would have been some talk about the murder, but could not remember what was said. He himself said nothing, fearing that he might be the next to be killed.
On the following morning, he checked his car for holes in the seat, but found none. He also said that he found no blood either. He did not get rid of the car, continuing to use it until he sold it to a garage about a year or two later.
Fitzsimmons was asked about his association with Long. He said he knew him from the time he (Long) joined the UDR, a few months before the shooting. They used to drink together either at 3 UDR Carryduff or in the First and Last bar in Comber.When asked if he knew what sort of place the latter was, he replied:
"A. I knew that UDA men frequented it.
Q. Did you pass on any information in respect of people who frequented it to
the intelligence unit at 3 UDR?
A. No, they already knew it."
He said that he saw Long the next time he was on duty – within a day or two of the murder. He did not remember what was said. When asked about Carroll he said:
"From the best of my memory I never saw him after that. If I did it would have been in the First and Last pub in Comber, where I was having a pint with Long. I never broke off with Long because I was still frightened of him."
He said his last contact with Long was 2 days before the latter was arrested in connection with the murder of David Spratt. He vehemently denied that he himself was a member of the Red Hand Commandos or any other loyalist paramilitary organisation.
At 3.24 p.m. on 20 February, with Fitzsimmon’s consent, the RUC brought Long into the room where he was being interviewed. Fitzsimmons identified him as having been with him on the night of the murder. The interviewing officers noted:
"Long and police with him left the room and subject who was visibly shaken stated he felt ill and requested a doctor… a uniform officer was called and the interview terminated."
Over the course of his detention, Fitzsimmons was made aware that Hosking was being interviewed, and was confronted with a number of differences between his version of events and that given by Hosking. This information did not cause him to revise his story in any significant way, though in some matters - such as the position of the car when stopped - he was prepared to admit that his memory might be imperfect.
Long was interviewed on 33 occasions between 18 and 23 February 1998. Throughout that time he consistently denied any knowledge or involvement in the murder of Seamus Ludlow.
When asked if he knew Fitzsimmons, he said at first that he didn’t know him but remembered someone of a similar name from Killyleagh who was with him in the UDR. He later accepted that this was James Fitzsimmons. He denied knowing Paul Hosking. He offered no explanation as to why these men were implicating him in the murder.
Asked if he knew anyone called Mambo Carroll, he replied, "He was connected with my last case", but claimed that he [Long] did not know him. He admitted drinking occasionally in the First and Last pub in Comber, but when asked if he had ever been there with Carroll, said "Not intentionally." He said he went into the First and Last about once a week. He had no friends there, but would talk to whoever was at the pool table.
James Fitzsimmons had told interviewing officers that he thought Long had owned an 1100 car. Long admitted that he had such a car in May 1976, but claimed it had no engine and was never driven.
Following his encounter with Fitzsimmons in the interview room on 20 February, Long continued to deny any part in the murder. He said he could not remember if the man he saw in the interview room was the Fitzsimmons he knew in 1976.
At 5.15 p.m. on the same day, Hosking was shown into the room where Long was being interviewed. Hosking identified Long as having been with him on the night of Seamus Ludlow’s murder.
"Long asked, ‘Why are you telling lies?’ Hosking replied, ‘Why did you ruin the rest of my life?’ Confrontation ended at 5.16 p.m."
After Hosking had left, Long continued to deny any knowledge of the murder.
He was asked again about his association with Carroll:
"He was asked when he last saw Mambo Carroll. He stated 1976 and he explained when and where this was.29 He went on to say that he had never seen him since. When further questioned as to when he saw or associated with Carroll, he replied, ‘I don’t want to talk about that.’"
Samuel ‘Mambo’ Carroll:
Carroll was interviewed on 20 occasions between 20 and 23 February 1998. He denied any involvement in the murder. He also denied membership of the UDA or any other loyalist paramilitary organisation, although he admitted "going round with" known loyalist subversives.
At an early stage in his detention, Carroll claimed that he had been interviewed about the same case in 1978 or 1979, while under arrest for possession of a 9mm Star pistol:30
"On the fifth day second interview, I was taken to an outside interview room… and 3 detectives came in… I was questioned about a thing in Comber and the Garda Siochana and about someone being murdered over the border, and an extradition warrant was mentioned. The police mentioned something about a swap between me and Dominick McGlinchey."
Carroll denied knowing either Fitzsimmons or Hosking, but said he knew a Dick Long from Long Kesh who was doing a life sentence. He said that he last saw him in the early 1980s.
The RUC report submitted to the DPP in Northern Ireland concluded as follows:
"In respect of Hosking, Fitzsimons 31 , Long and Carroll, the only charge to consider at this stage is the offence of murder.
From the papers contained in this file there is no evidence to connect Long and Carroll with the murder of Seamus Ludlow. If one accepts the truthfulness of Hosking and Fitzsimons I consider the facts and evidence fall short of the standard of proof required to substantiate a charge of murder against them and there is no other evidence to identify any criminal offences, either by Hosking or Fitzsimons, within the jurisdiction of Northern Ireland. Consideration could be given by the prosecuting authorities as to the possibilities in the use of Hosking and Fitzsimons as possible witnesses in a prosecution of Carroll and Long for the murder of Seamus Ludlow."
On 8 and 15 March 1998, the Sunday Tribune published articles by journalist Ed Moloney that focused on the Ludlow case, and in particular on information provided to him by Paul Hosking.
From the first article, it would appear that Hosking gave Moloney the same account of the events surrounding the murder as he had given to the RUC in February 1998.
The article also mentioned the meeting with a Special Branch officer in 1987, though with one apparent difference. According to Moloney’s account, Hosking told him:
"At the end I said what happens now and he [the Special Branch officer] said ‘Forget it, it’s political.’"
RUC notes of the interviews with Hosking in 1998 (which as indicated are not a verbatim transcript of those interviews) do not record him using the phrase ‘It’s political’.
Moloney’s second article, published a week after the first, focused on two allegations: (1) that the Garda Special Branch had known of Hosking’s information "within weeks" of Seamus Ludlow’s death; and (2) that persistent claims were made by Gardaí that the IRA had been responsible, and that some members of the Ludlow-Sharkey family had known about it beforehand. The first allegation would appear to be inaccurate: as has been seen, Gardaí did not receive information concerning the four suspects until 1979. The second allegation of a ‘smear campaign’ against Seamus Ludlow and his family, and the Garda response to those allegations, will be considered in a later section of this report.
On 19 March 1998, the Department of Justice wrote to An Garda Síochána concerning the Moloney articles, seeking an up-to-date report on the case. This resulted in a further report by Ted Murphy, by now promoted to Chief Superintendent, on 15 April 1998. The report matters:
23S.9 of the Act provides: "Where any murder or manslaughter shall be committed on land out of the United Kingdom… and whether the person killed were a subject of her Majesty or not, every offence committed by any subject of her majesty in respect of any such case… may be… tried, determined and punished in any county or place… in which such person shall be apprehended or be in custody, in the same manner in all respect as if such offence had actually been committed in that county or place…"
24 Note from Deputy Director Barry Donoghue to the Director of Public Prosecutions,
25 Note of meeting with former C/Supt Ted Murphy, 5 October 2004.
26 As will be seen below, he later gave further details of where and by whom Seamus Ludlow was shot.
27 See appendix B.
28 See Appendix C.
29The RUC interview notes give no details as to when and where Long claimed to have last seen Carroll.
30 On 10 April 1978, Carroll was sentenced to 4 years imprisonment for possession of a firearm andammunition in suspicious circumstances.
31In the RUC documents seen by the Inquiry, Fitzsimmons is sometimes spelt with one ‘m’ rather than two.
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