Six former members of the Official IRA who have agreed to testify about what they did on Bloody Sunday failed yesterday in their attempt to get representative status equal to that of military witnesses at the inquiry.
The Saville Tribunal rejected an application by the men to be represented by a solicitor and two counsel throughout the inquiry, and to have full access to all statements and exhibits.
The chairman, Lord Saville, said, however, that the men's interests should be protected by allowing them representation by counsel and solicitors when they are actually giving evidence, and he pointed out that if any allegations were to be made against them, these should be made well in advance, so that individuals could be properly prepared to deal with them.
The applicants were described by Lord Saville as former members of the command staff of the Official IRA. Five of them have been granted anonymity and are known only as "OIRA1", "OIRA2", and so on, while the sixth is Mr Reg Tester, who did not seek anonymity and will testify under his own name. In a statement already supplied to the tribunal, Mr Tester says he was quartermaster of the Official IRA in Derry at the time of Bloody Sunday, January 30th, 1972.
Counsel for the applicants, Mr Kevin O'Donovan, told the resumed inquiry yesterday that his clients were concerned by suggestions that had been raised during previous hearings - in particular that they had taken "proactive military activity" on Bloody Sunday. They sought full legal representation to contest these allegations and to advance their own accounts of what had happened.
They had come forward voluntarily to assist the tribunal in regard to the decisions and procedures that were to be implemented by them on Bloody Sunday, but allegations had been made which, in effect, accused them of being among those who were proactive in bringing about the tragic events. They required "equality of arms" to defend their position against those who said that they were misrepresenting the facts. They ought, in all equity, to be put on a par with the military witnesses, counsel submitted.
Giving the tribunal's ruling, Lord Saville pointed out that this was not an application by the Official IRA itself, and no allegations had been made against the individuals. Full representation was required in the interests of justice and fairness, but the matter would be reviewed if circumstances changed, Lord Saville said.
The inquiry is continuing to hear evidence from civilian witnesses, and it is to begin hearing military witnesses when it moves to London on September 2nd. Hearings continue in Derry's Guildhall today.