CONCERNS have been raised after MI5 released ‘significant new information’ on the British agent known as Stakeknife eight years after an investigation into his activities was launched.
Operation Kenova has been underway at Northern Ireland’s Public Prosecution Service (PPS) since 2016.
It was set up to investigate the practices of the head of the IRA’s internal security unit, Freddie Scappaticci - known to his handlers as Stakeknife - who was also working for the British, and is believed to have been involved in dozens of murders at the height of the Troubles.
Sir Iain Livingstone, the Officer in Overall Command of Operation Kenova, has written to Mr Benn, to “raise concerns” after the previously undisclosed material was recently discovered and made available to the investigation by MI5.
Operation Kenova was informed of the initial find on April 8, 2024, Sir Livingstone has confirmed, with further files subsequently being discovered, most recently on July 19.
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In his letter, Sir Iain said: "It is of great concern that further material continues to be given to Operation Kenova by MI5 nearly eight years after Operation Kenova commenced; after all the DPPNI determinations in the prosecution reports have been made; following the publication of the Operation Kenova Interim report; and a matter of weeks before the introduction of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
"I have directed that the new information be analysed and checked for evidence and information that could have assisted both Operation Kenova and the DPPNI in their work, as well as for any implications for the accuracy of the Kenova Interim Report."
He added: "From the due diligence carried out, our initial assessment is that the files contain significant new material which appears to point to new investigative leads not previously known.
"Importantly the material does not indicate further murders of individuals that involved the agent Stakeknife and as such no further deaths would fall into the Operation Kenova Terms of Reference based on the now disclosed material.
"However, the material does appear to cast doubt on some of the documents and witness evidence obtained by Kenova and some statements made in the Interim Report.
“This includes information provided by the security service around the dates when they became aware of the agent Stakeknife."
Responding to the discovery, PSNI Chief Constable Jon Boutcher said it is “unacceptable that MI5 continue to provide material to the Operation Kenova Team so long after they undertook to have given full access to Kenova of all the material they held about the agent Stakeknife”
“My interim report highlighted a number of issues in obtaining information from MI5 and I reported the similar experiences of Lord Stevens, Judge Cory and others who each called out the unacceptable practices of those not co-operating with and withholding information from legacy investigations,” he explained.
“The fact that this information continues to be provided to the Operation Kenova Team after the Public Prosecution Service have directed on the files submitted to them will cause further upset to the families who had already waited many years to find out what happened to their loved ones.
“I am confident that the Officer in charge of Operation Kenova, Sir Iain Livingstone will ensure all the material is fully assessed and will liaise closely with the Director of the Public Prosecution Service to determine if any further direction is necessary," he added.
“I very much look forward to his final report that will comment more fully on these most recent disclosures. I have a huge respect for our intelligence agencies as they work tirelessly to keep society safe however, I remain concerned that where matters relating to Northern Ireland’s legacy are involved there continues to be an unhelpful protectionist approach to disclosure.
"This results in wild conspiracy theories and inaccurate reporting about legacy cases."
Chf Const Boutcher went on to reassure the families of Troubles victims that the new files will be analysed for “any new evidence” that may be relevant to their cases.
“During the Troubles the security forces acted with immense bravery and endured huge sacrifices and that should never be forgotten but we must challenge practices that prevent information about Troubles related cases from being released where there is no good reason,” he said.
“As the Chief Constable of the Police Service of Northern Ireland I am determined that all information, including all sensitive information, relating to Troubles related cases will be disclosed to the new legacy commission (ICRIR) established to investigate such cases.
“I want to personally reassure the families who have put their trust in the Operation Kenova that Sir Iain and his team will do everything necessary to analyse the material for any new evidence.”