FORENSIC
INVESTIGATIONS
Ms Jean Veronica Smyth was shot dead by unknown person/s at approximately 11.30pm on 8 June 1972. Jean (who was aged just 24) lived with her daughter at her parents' house at Tardree Park, in the Andersonstown area of west Belfast.
On the night of her death, Ms Smyth-Campbell was in the company of her boyfriend, John Carlin, and they had spent the evening with friends at a local public house (The Glenowen Inn). Immediately prior to the incident that led to Jean’s death they were sitting in Mr Carlin’s green Austin 1100 car at a bus terminus on the Glen Road.
Mr Carlin heard what he thought to be the sound of a tyre bursting, exited the car to check and on his return found Ms Smyth-Campbell lying in a prone position inside the car, having been shot.
She was driven to a nearby police station in a taxi but tragically succumbed to her injuries and died.
In 1972 the Royal Ulster Constabulary (RUC) conducted the initial investigation into Ms Smyth-Campbell’s death. Statements were recorded from Mr Carlin, Mr Brown (taxi driver), Mr Campbell (Jean’s father), Mr Desmond Smyth (Jean’s former husband) and a number of police witnesses.
An inquest was held into Ms Smyth-Campbell’s death on 9 November 1972, when an open verdict was recorded.
In 2005 the Historical Enquiries Team (HET) carried out a review of Ms Smyth-Campbell’s death. That review describes the RUC investigation as being "relatively basic", and commented that it "must be judged in the context of the times".
The HET Review described Ms Smyth-Campbell’s death as a random killing in which no further investigative lines of enquiry were identified. It was noted in the McQuillan Judgment that the HET made no reference to the possibility that the Military Reaction Force (MRF) may have been involved – despite media reporting and the presence of military logs for that evening.
Following the discovery of the military logs in June 2014 by legal representatives for Ms Smyth-Campbell’s family, a decision was made in December 2015 that the death should be further reviewed by Legacy Investigation Branch (LIB). That review remains extant following judicial review proceedings (McQuillan). The Police Service of Northern Ireland (PSNI) has indicated (during the course of judicial review proceedings) that any wrongdoing or criminal offences that may have been committed by a police officer will be referred to the Police Ombudsman for Northern Ireland (PONI).
No papers have previously been sent to the PPS by either the RUC or PSNI in respect of this case.
The McQuillan Judgment was issued on 19 March 2019. The McQuillan Judgment determined that:
a) The PSNI is obliged to conduct a prompt and effective investigation into the murder of Ms Jean Veronica Smyth-Campbell in accordance with Article 2 of the European Convention on Human Rights (ECHR). Paragraph 138 of the Judgment expressly requires the investigation to establish ‘whether a possible cause of the shooting dead of Ms Smyth-Campbell was a shot discharged by a soldier’.
b) As a consequence of Article 2 ECHR now being engaged, PSNI is obliged to ensure that there is ‘practical independence’ on the part of those who undertake the investigation so that they have the ‘capacity’ to complete an Article 2 ECHR compliant investigation.
c) Paragraph 202 ‘so far as we are aware the Chief Constable has not directed or carried out any investigation into the failures of the 2006 – 2008 HET process and as to whether the reasons for the failure were or were not benign…we consider that the lack of an investigation…would be a failure of accountability in the explanatory and co-operative sense and would not be in accordance with the core principles in Section 31A.
The PSNI recognises the frustration of Ms Smyth-Campbell’s family at the lack of progress in this case and are sorry that previous investigations have failed to adequately explain the circumstances surrounding her death.
Without prejudice to our intention to seek leave to appeal elements of the McQuillan judgment the Chief Constable has requested that an effective, practically independent investigation with the capacity to be Article 2 ECHR compliant is commenced into the death of Ms Jean Smyth-Campbell forthwith.
The functions of the Police Service are set out in Section 32 of the Police (Northern Ireland) Act 2000, which states:
(1) It shall be the general duty of police officers -
Conduct of the investigation
The chief constable will ensure that mechanisms are in place to update the DPP as to the progress of the investigation.
The chief constable of the PSNI has asked for the assistance of retired Chief Constable Jon Boutcher of Bedfordshire Police as the Officer in Overall Charge (OIOC) to lead an external investigation team to carry out an investigation in response to the areas identified above.
Mr Boutcher will lead the investigation and appoint a Senior Investigating Officer and investigation team. Mr Boutcher will have the full delegated authority of the Chief Constable of the Police Service of Northern Ireland to direct the investigation.
The investigation team will be gathered from across UK law enforcement services. It will not include personnel who are serving in or have previously served in the Royal Ulster Constabulary, Police Service of Northern Ireland, Ministry of Defence or Security Services.
The investigation team will carry out their investigation by virtue of Section 98(1) of the Police Act 1996 and thus, will have all the necessary powers and privileges of police officers of the Police Service of Northern Ireland, to ensure an effective investigation is carried out. The team will be based in Great Britain and will carry out enquiries in Northern Ireland as necessary.
Police staff in the external investigation team may be delegated with appropriate powers as required, by virtue of Sections 30 and 31 of the Police (NI) Act 2003.
Appropriate funding will be identified and allocated to Mr Boutcher for the conduct of this inquiry.
Any future investigation will be required to report matters to the PPS in line with current PSNI/PPS protocols.
Police officers in the external investigation team operating under Section 98(1) of the Police Act 1996, will be subject to the jurisdiction of OPONI by agreement between the Police and Crime Commissioner for their host Police force, and OPONI.
Police staff in the external investigation team may be delegated with appropriate powers as required, by virtue of Sections 30 and 31 of the Police (NI) Act 2003 and will be subject to the jurisdiction of OPONI as set out in Section 34 of the 2003 Act and subsequent enactments thereto.
It is recognised and acknowledged that the Northern Ireland Policing Board plays a vital role in overseeing policing and in securing accountability and public confidence.
This investigation is being carried out independent of but on behalf of the Police Service of Northern Ireland. The Chief Constable of PSNI will retain responsibility for and accountability to the Northern Ireland Policing Board (NIPB) for the effective conduct of this investigation.
Mr Boutcher will provide appropriate briefings and attend meetings as required by NIPB with the Chief Constable and/or his delegate.
The PSNI intends that the inclusion of these elements of the Terms of Reference indicate the critical importance of the accountability arrangements in securing public confidence in this investigation.
The Office of the Police Ombudsman for Northern Ireland (OPONI) is the body with responsibility for investigation into complaints against former or serving Police Officers of the PSNI or, formerly, the RUC. Thus OPONI will require to be informed as to any identification of potential criminality and/ or misconduct by police officers arising from these matters.
Police officers in the external investigation team operating under Section 98(1) of the Police Act 1996, will be subject to the jurisdiction of OPONI by agreement between the Police and Crime Commissioner for their host Police force, and OPONI.
Police staff in the investigation team and will be subject to the jurisdiction of OPONI as set out in Section 34 of the 2003 Act and subsequent enactments thereto.
It will be the role of Mr Boutcher, to develop a Communications and Media Strategy for the investigation. The PSNI remains available to provide assistance with this and with community impact assessments. Family liaison policy will be the exclusive responsibility of the investigation team.
Mr Boutcher will seek to establish an Independent Steering Group and a Victims Focus Group to provide a critical friend function as regards the conduct of the investigation and to guide the investigation team regarding the support and information to be provided to the families of victims.
Mr Boutcher will be responsible for the development and maintenance of an effective Family liaison strategy. This strategy will ensure open engagement with families to ensure they are aware of the progress of the case. This approach will be based on an approach of ensuring that, so far as is feasible, families are able to have any queries answered in a fulsome and transparent manner.
Any legal advice required by the investigation team will be commissioned independently by the investigation team under the direction of Mr Boutcher.
The Chief Constable of the PSNI will be regularly updated as to the progress of the investigation but will not seek to direct or control, or in any way interfere with the investigation.
As previously stated the Chief Constable of the PSNI remains accountable to the Northern Ireland Policing Board for the conduct of the investigation and if required, Mr Boutcher will accompany senior members of the PSNI to brief the Northern Ireland Policing Board.
Mr Boutcher will be responsible for the delivery of the final reports through the Chief Constable of the PSNI to the DPP. These can include a file with prosecutorial recommendations for the consideration of the Director.
The PSNI will provide access to all information requested by the investigation team. A Memorandum of Understanding will be provided to underpin this agreement between Mr Boutcher and the Chief Constable of the PSNI.
The PSNI will be responsible for financial support to all elements of the investigation. The Chief Constable of the PSNI reserves the right to keep all costs under review and to agree reasonable financial parameters for the discharge of the investigation.
The PSNI will agree a Memorandum of Understanding with the relevant police forces regarding the employment model for seconded police officers and staff for Operation Mizzenmast. This will include setting out the payment and monitoring of all invoices and any other logistical requirements.
The Assistant Chief Constable (Legacy and Legal Department) has been appointed as the PSNI Single Point of Contact (SPOC) for the investigation team, and will provide all assistance as necessary to ensure that Mr Boutcher receives the logistical and organisational support necessary to discharge his responsibilities. The PSNI will supply the investigation team with any additional operational support required for the investigation as requested by Mr Boutcher.
At the conclusion of Operation Mizzenmast or any related criminal proceedings a public report will be prepared by the investigation team for publication by the Chief Constable of the PSNI.
This report will set out the general narrative of the investigation and findings which have been reached as a consequence there of. It will also seek to identify any learning which is applicable to contemporary policing.
This Terms of Reference will be subject to review as required by the Chief Constable of the PSNI and Mr Boutcher.