A television producer who made a programme alleging collusion between the Northern Ireland security forces and loyalist paramilitaries to kill Catholics began a libel action against the Sunday Times newspaper in the High Court in London yesterday.
The programme in the Dispatches series was called The Committee and was shown on October 2nd, 1991. It alleged that a committee of businessmen, security force personnel and politicians met loyalist paramilitaries to discuss the murders of Catholics. One of the victims mentioned in the broadcast was the solicitor Mr Pat Finucane.
Mr Sean McPhilemy, who is from Derry but now lives in Oxford, is claiming the newspaper libelled him in an article which described the programme as a hoax. He is suing Times Newspapers Ltd, Mr Liam Clarke, journalist, and Mr Andrew Neil, then editor of the Sunday Times.
The Sunday Times is denying the claims, and claims justification in publishing the article on May 9th, 1993. Yesterday the case was opened by Mr James Price QC, for Mr McPhilemy, before Mr Justice Eady and a jury of six men and six women.
In 1986 Mr McPhilemy ran his own company, Box Productions. In early 1991 he had discussions with Mr Ben Hamilton, a researcher, about the case of Brian Nelson, the chief intelligence officer of the UDA, who was also working for British Army Intelligence.
Mr Price said the Nelson case had been the latest in a series of events which revived widespread allegations that murders of IRA suspects, republicans and Catholics were committed with the collusion of the security forces.
Mr McPhilemy discussed the project with Channel 4 and it agreed to advance him funding. Mr Hamilton made contact with Mr Martin O'Hagan, a Sunday World journalist, who suggested he talk to a Northern Irish loyalist who wanted an Ulster independent state. This source claimed insider knowledge of collusion between loyalist paramilitaries and the RUC up to senior levels. He was later identified as Mr James Sands.
Mr Price at this stage showed the programme revealing Mr Sands's allegations about the committee to the jury.
Mr Sands was in shadow and an actor spoke his lines.
Mr Sands also alleged there was a group within the RUC called the "Inner Force" governed by an "Inner Circle" which colluded with the committee. The programme mentioned Catholics who had been killed, including Mr Finucane.
Mr Price said after the programme the Chief Constable of the RUC announced an inquiry into the allegations, saying they were without foundation.
The RUC did not seek any further information but won an order under the Prevention of Terrorism Act in the High Court in London that Box Productions and Channel 4 reveal their sources. They refused and were fined £75,000. Mr Sands was taken in for questioning and told police it was all lies. He retracted the allegations.
The inquiry into the allegations of collusion found no evidence against police officers.
Mr Price said Mr Sands was interviewed on April 20th, 1991, in a London flat by Mr McPhilemy, Mr Hamilton, with a director, cameraman and sound recordist present.
They took seven videos spanning 31/2 hours. In them, Mr Sands detailed his allegations. He named places where he alleged the committee met.
Mr Hamilton, in the video, asked Mr Sands who killed Mr Finucane. Mr Sands said they were people connected with the Ulster resistance with the help of the "Inner Force".