Minister for Justice Helen McEntee has rejected a call to establish a judge-led commission of inquiry into the murder of ex-Sinn Féin official and British agent Denis Donaldson in Co Donegal almost 19 years ago.
The 55-year-old, once a close colleague of former Sinn Féin leader Gerry Adams, was shot dead by the Real IRA at an isolated cottage near Glenties in April 2006. The murder happened four months after he was exposed as an MI5 informer, with Mr Donaldson admitting to leading a double life for the previous 20 years.
He was one of Sinn Féin’s most senior figures in Northern Ireland – serving periods in Long Kesh prison and being friends with Bobby Sands – and the revelation came when he had worked as the party’s top administrator in the Stormont Assembly after the signing of 1998 Belfast Agreement.
No one has ever been charged over the killing.
The Donaldson family approached the Government three years ago seeking an independent, judge-led inquiry into the case.
In a statement on Thursday, Mr Donaldson’s family said Ms McEntee had written to them this week to reject their plea.
“In the circumstances, and particularly in the light of an active ongoing criminal investigation by An Garda Síochána in this jurisdiction, I do not believe that it would be prudent to consider the establishment of a commission of inquiry in this jurisdiction,” the Minister told the family.
In response to queries on Thursday, the Department of Justice called the murder of Mr Donaldson “a callous act of violence”, but said a commission of inquiry could “undermine” the Garda investigation into the killing.
“It is regrettable that to date it has not been possible to bring those responsible to court to answer for their actions,” a spokesman said.
“Inquiries and/or investigations related to the death of Mr Donaldson have been undertaken both in this jurisdiction and in Northern Ireland.
“The Garda authorities are conducting an ongoing investigation into the killing of Mr Donaldson. Extensive inquiries have been carried out in this regard. That investigation is open and active, and a family liaison officer is assigned to the family.”
The spokesman said the inquest into the death currently stands adjourned to a future date “in light of the ongoing criminal investigation”.
“While it is appreciated that the adjournment of these proceedings will be a matter of concern for the family of Mr Donaldson, these adjournments arise in circumstances where the criminal investigation into the death is ongoing in order to ensure that the criminal proceedings are not compromised by the conduct of an inquest,” the spokesman said.
“In the circumstances, most notably the ongoing active Garda investigation, it would not be prudent to consider the establishment of a commission of inquiry, as to do so could undermine the Garda investigation.”
In its statement, Mr Donaldson’s family said the investigation into his death has been “frustrated” by the Government.
“The coroner’s inquest into Mr Donaldson’s death has now been adjourned 27 times,” it said. “The delay in this investigation by the Irish Government has repeatedly frustrated the rights of the Donaldson family to establish the truth about this case.”
On behalf of her family, Mr Donaldson’s daughter Jane said: “In two decades since my father’s murder, no Irish Government minister has been willing to meet my family and account for its double standards and differential treatment.
“Whilst others – like agent Stakeknife – were shielded and shepherded away to safety, my father was left exposed and given no protection.
“State agencies and officials in both jurisdictions were complicit in that and it is in the public interest to uncover the truth in an open, robust and transparent manner capable of commanding public confidence.”
Mr Donaldson’s death is among the 164 post-conflict murders since the signing of the 1998 peace accord in Belfast.
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