Bruton urges Ahern to clear Capt Kelly's name

The Taoiseach has been urged to address "immediately and personally" the State's role in the events leading to the 1970 Arms Trial to clear the name of Capt James Kelly, the former Army intelligence officer at the centre of the episode, who is terminally ill.

The former Taoiseach Mr John Bruton (FG) said Mr Ahern should move on the issue "in the next day", given Mr Kelly's state of health.

"In other context, Taoisigh have acknowledged fault on behalf of the State. It's possible at this point in history to look back on these events and make a judgment without getting into a detailed and laborious inquiry," said Mr Bruton.

"In all probability he [Capt Kelly] was authorised to do what he did and I think the State should acknowledge that and clear his name."

His comments came following the disclosure by Mr Kelly's family that the former Army captain was at an advanced stage of cancer at the palliative unit of Harold's Cross Hospice in Dublin.

Proceedings aimed at clearing his name were initiated on his behalf in the High Court last Thursday, according to his solicitor, Ms Margaret Carey.

Under a plenary summons lodged against Ireland and the Attorney General, Mr Kelly seeks a declaration that his right to trial was breached at hearings into the importation of weapons and ammunition to the State. He claims this occurred through the alteration and/or amendment of the statement of Col Michael Hefferon to the trial in May 1970.

The statement in its original form - which was released in January 2001 under the 30-year rule for the keeping of State papers - referred to the then minister for defence, Mr Jim Gibbons, being informed of Capt Kelly's activities. In its final form, however, the statement contained no such reference.

Mr Kelly's eldest daughter, Suzanne, said her father had made it his life's work to clear his name. "He has got obsessed with it. When I come to see him now, the first thing he says 'What have you done?' It's the only thing he is clinging on to."

She said doctors told them yesterday that he had between two and five days to live. "His body has shrunk but his mind is still alert. I think he is holding on to get it [an apology\]. This is the last throw of the dice. It will require someone to move on it, but we don't have much time."

The Labour Party's spokesman on justice, Mr Joe Costello has backed the family plea, saying it was time the State made an apology.

"Capt James Kelly has suffered almost 30 years of innuendo and unproven allegation," Mr Costello said. "He is now in his elder years and in poor health.

"He deserves an apology for his treatment at the time of the Arms Trial and subsequently. Evidence which came to light in recent years vindicates the campaign by James Kelly to have his name cleared."

Mr Bruton said when looking at events which occurred 33 years ago, from which little documentation survived, "you are dealing with probabilities rather than certainties. But in my view he not only believed he was authorised but was authorised to do what he did. I believe James Kelly acted in a patriotic spirit with the authority of the State."

Mr Bruton said he held this view while believing such authority should never have been given.

"It's not a happy episode in the history of constitutional government in the State, but it happened and I don't think it's right that a small number of individuals should be left bearing exclusive responsibility for acts or omissions by the government at the time."

A Government spokesman said the policy of the Attorney General's office was not to discuss individual cases.