Prosecutors have confirmed they cannot make any fresh decisions about an investigation linked to notorious British agent Freddie Scappaticci because of the British government’s controversial legacy act.
The Public Prosecution Service (PPS) on Wednesday confirmed it is continuing to engage with Operation Kenova, which investigated the activities of Scappaticci, after hundreds of suppressed MI5 files linked to the case were recently discovered.
In 2003 west Belfast man Scappaticci, a former commander of the IRA’s Internal Security Unit (ISU), was identified as Stakeknife.
Also known as the “Nutting Squad”, the ISU was responsible for hunting down and killing informers.
While it was previously known Scappaticci, who died last year, worked for the British army’s Force Research Unit, the recently discovered MI5 documents now confirm he was instructed by MI5 via his military handlers.
Operation Kenova began in 2016 and examined more than 100 murders and abductions.
An interim report was published earlier this year with a final document expected to be made public next year.
In total Operation Kenova submitted 28 prosecution reports relating to 35 individuals, to the Public Prosecution Service, but no action was taken in any.
The PPS said it is continuing to engage with the Operation Kenova team “who are currently undertaking an assessment of the potential significance of the new material to their terms of reference”.
“They have advised us that they intend to consult with the PPS once their assessment has been completed,” a spokeswoman said.
“The purpose of the PPS’s involvement is to assist Kenova in their consideration of matters that may be relevant to their final report.”
The PPS spokeswoman confirmed that the introduction of the British government’s controversial legacy legoislation in May has closed down the possibility of revisiting the original prosecution decisions.
“In line with the Northern Ireland legacy act, no fresh prosecutorial decisions can be taken on the basis of reports submitted by Operation Kenova,” the spokeswoman said.
Under the act the former Conservative-led British government ended Troubles-linked inquests, civil cases and introduced conditional immunity.
The new Labour-led Westminster government has since said it intends to repeal and replace the act although no timeframe has been provided.
Responsibility for legacy investigations has since transferred to the Independent Commission for Reconciliation and Information Recovery (ICRIR).
However, many victims are strongly opposed to the ICRIR, believing it to be part of British government attempts to protect state participants from accountability.
