Councillor questions “obvious disparity” around discussing police investigations in chamber

An independent councillor, banned from raising the Fermanagh sexual abuse investigation in the chamber of Fermanagh and Omagh District Council on the basis of legal advice obtained by senior staff,  has questioned why this does not apply to all live investigations.

Such was the response to previous attempts to mention the matter, Councillor Donal O’Cofaigh could not raise the disparity during the meeting, but commented immediately afterwards.

His remarks followed a Council meeting at which the attempted murder of an off-duty police officer in his Kesh home was discussed and condemned. It is not only a live investigation, but a person has been arrested and released on bail, pending further enquiries.

Several councillors have repeatedly tried to raise the issue of the Fermanagh sexual abuse investigation but were warned to cease and in one instance “silenced” by having their microphones cut off by the chairperson.

Senior Council staff obtained legal advice which was then disclosed to members during a Council meeting, which suggested no discussion as the Fermanagh sex abuse investigation was live. This effectively meant the councillors trying to raise the matter, some on behalf of constituents who are potential victims, were censored.

During a public meeting called in November to show support for victims and hear from various organisations, another independent councillor John McCluskey condemned the silencing of representatives speaking on behalf of rate-paying constituents.

He said he felt “haunted” by the fact many members in the chamber applauded when it was agreed the matter would not be discussed – although noted none who did were in attendance to support victims at the public meeting.

However, it now appears the legal advice doesn’t apply to all criminal investigation.

At the most recent council meeting DUP Councillor Deborah Erskine raised the murder attempt on the police officer and proposed a letter be sent to Chief Constable Simon Byrne.

She said: “We are all aware of the horrendous attack on a serving police officer in Kesh. It was despicable and it has left the community in shock and very much angry at what has happened. Clearly the actions of those who carried out this attack are in stark contrast to the police officer who, day and daily, goes out to protect and serve his community and keep them from harm. The individual who carried this out and planned it had harm and destruction on their mind … It would be remiss if we didn’t collectively condemn this violent and sinister activity … and offer support to the serving police officer.”

Councillor Erskine said there are concerns of burglaries and anti-social behaviour in the area which officers are trying to tackle.  She said: “I think we should write to the chief constable to ask him to provide an update on resource challenges in our district and also to reiterate our condemnation of this particular incident.”

UUP Councillor Diana Armstrong seconded the proposal adding: “Nobody wants to return to a time when we have to be worried about noises outside our houses. To go there in the dead of night with a shotgun is something which has to be condemned by all in the chamber. There have been a number of anti-social incidents as well and I have been speaking to the neighbourhood team in Erne North and they are waiting for more resources … and there will be increased policing in the area.”

The discussion was permitted without interruption or warning. No reference or reminder was made to the legal advice in respect of the ongoing historical child sex abuse investigation in Fermanagh.

Likewise, no similar correspondence has ever been suggested should be sent to the chief constable in respect of that investigation, which some councillors felt would have been an opportunity to show support to victims – many of whom have suffered in silence for years.  Speaking after the meeting, Councillor O’Cofaigh said: “Members such as myself have been told not to raise publicly our concerns over the implications of the allegations of large-scale child sex abuse, because of corporate legal advice received by Fermanagh and Omagh District Council. While I support the council as a body corporate expressing its opposition to the recent heinous attempt on the life of a police officer in Kesh, it does raise questions in regard as to why it is clearly acceptable to discuss this case – one in which an individual has been arrested and bailed ut utterly unacceptable when it comes to child sex abuse. Discussion on this was banned, even before any arrests had taken place. When we tried, one councillor had his microphone cut off, another was shouted down and I was talked over. ”

He concluded: “There is a distinct lack of clarity within council policy and procedure. Is discussion permitted in some criminal investigations but not all? If so, which ones and why, and who ultimately decides? More importantly, is a victim not a victim, whatever the crime, and are all not equally worthy of our support? Such very obvious disparity demands explanation.”