Fermanagh and Omagh Council narrowly votes to support Justice for Noah campaign

An initial Motion tabled by Independent Councillor Eamon Keenan echoed the Donohoe family’s call for Chief Constable Simon Byrne to resign over “PSNI failures under his watch and the mishandling of the investigation into Noah’s death”.

The Motion called on all politicians on the Policing Board to step away in protest for “failing in its stated objectives of holding the PSNI to account, which has been shown beyond doubt with the unnecessary and contentious use of a PII (Public Interest Immunity) Certificate in this case”.

Finally, the Council demanded a rigorous, open and transparent investigation, and this to be communicated to all other councils along with relevant leaders of the political parties on the Policing Board.

However an Amendment tabled by Sinn Fein Councillor Thomas O’Reilly, while largely in agreement, did not seek resignations, but called on the Secretary of State to withdraw the PII.

Councillor Keenan explained he tabled the Motion after attending a Justice For Noah rally in Enniskillen which a number of members, including the Chair, Councillor Barry McElduff, also attended.

“The organisers requested we as a council take further action and I hope the campaign for truth and justice is fully supported, along with this Motion in this Chamber,” he said.

Seconding, Councillor Emmet McAleer, Independent, pointed to “a noticeable number of things PSNI failed to do  remain unanswered regarding Noah’s disappearance and subsequent investigation”.

He continued: “Foul play was quickly ruled out. The [Donohoe] family want to know if it was incompetence, or contrived incompetence? Did [the police] already know something was wrong?

“The PII is being used where the PSNI claimed there is no foul play, even before a post mortem. That PII has cruelly compounded the shocking and tragic events for the family.

“They just want the truth, and if the PSNI is certain about how Noah died, why are they unwilling to release key information?”

He also suggested the possibility of Press censorship, “given the lack of coverage over this entire debacle”.

In moving his Amendment, Councillor Thomas O’Reilly agreed justice for Noah and his family is very important, as well as for society.

He added: “It’s also important we are not distracted and side-tracked, and we keep our focus to get to the truth, including which six days elapsed before Noah was found. We need to use every avenue to unearth what those six days contained.”

In respect of the PII, Councillor O’Reilly referred to “a long history with difficulties around policing and how we get answers, so we call for the withdrawal of the PII”.

Councillor Donal O’Cofaigh, Independent, said: “This issue speaks to everyone when a child goes out and doesn’t come home.

“Understandably, his mother and family are looking for answers and we have a complete failure of transparency, openness and accountability – all the things we want from our police service. 

“This should be a non-controversial case. There is no real accountability in policing at the moment.”

Of the PII’s use, he added: “What public interest is it when a child doesn’t come home? What possible justification is there for that?”

SDLP Councillor Adam Gannon said: “No parent should suffer the loss of a child. The grief and pain is unimaginable. We support the efforts to find out the truth of what happened to Noah. 

“The PII has caused significant confusion and further hurt and it’s difficult to understand why it was issued, and what exactly it covers.”

Independent Councillor Bernice Swift told members: “I fully support truth and justice for Noah’s family and indeed, all families. Police cannot investigate police effectively. That must be done independently.

“We all know PII certificates have been used for quite a long time now and have always been unacceptable.

“I’ve always felt Policing Partnerships and the Policing Board are meaningless talking shops, with no legislative powers or authority, giving cover to inevitable failings and shortcomings.”

Councillor John McClaughry, Ulster Unionist, said: “We have nothing but sympathy for Noah’s family, especially his mother, Fiona.

“However, we have serious concerns with both the Motion and Amendment. Last month, the Presiding Coroner, who has access to all files, examined the PII and gave assurances that nothing redacted showed any third party was involved in Noah’s death, nor nothing to suggest a cover-up in the investigation. 

“The PSNI argued disclosure of methodology and handling of sources would damage national security. The Coroner’s judgment held [such] disclosure would give rise to real risk of harm to public interest.”

He concluded the Motion “is a direct challenge to the independence of our judiciary”, continuing: “We sincerely hope the inquest answers the family’s questions around Noah’s tragic death, but we cannot support the Motion.”

The matter went to a vote, which came in 14 to 13 on the amended version, with five members abstaining.