Prosecutors decide not to charge final 12 people in Stakeknife investigation

No prosecutions are to be pursued after consideration of the final files from a major investigation into the army’s top agent in Northern Ireland during the Troubles.

The Public Prosecution Service (PPS) said it considered a large volume of material and information contained in six files submitted by Operation Kenova in respect of 12 individuals.

It concluded there was “insufficient evidence to provide a reasonable prospect of conviction” for any individual reported in relation to five incidents that happened between 1987 and 1994.

The agent, codenamed Stakeknife, worked in the IRA’s notorious “nutting squad”, interrogating suspected informers during the Troubles.

Kenova examined crimes such as murder and torture linked to Stakeknife and the role played by the security services, including MI5.

West Belfast man Freddie Scappaticci, who was alleged to have been Stakeknife, died in 2023. He had always denied the claims.

Operation Kenova was headed up by Jon Boutcher, who wrote the report but has since recused himself from involvement in its publication after becoming chief constable of the PSNI.

The full report is expected to be published next week.

The decisions announced on Thursday by the PPS were the final phase of prosecution decisions concerning Kenova.

The individuals reported in the final files included seven alleged to have been members of the Provisional IRA, and five retired soldiers who worked within the army’s force research unit.

Of the five former soldiers, three were described as having been agent handlers while two held more senior positions.

The decisions not to prosecute were taken in relation to the abduction of a victim in 1987 who was released; the abduction and murder of one victim in 1988; the abduction and murder of one victim in 1989; the 1989 abduction of one victim who was released; and the murder and abduction of one victim in 1994.

Michael Agnew, the deputy director of public prosecutions, said the decisions had been taken by an experienced team of senior prosecutors, who were assisted by independent counsel.

“The challenges encountered in this last phase of decisions, as before, included an absence of important source materials and legal difficulties in attempting to rely upon intelligence records as evidence that could be admitted in criminal proceedings,” he said.

“Having carefully considered the extent of the admissible evidence, it was concluded that there was no reasonable prospect of conviction in respect of any of the 12 individuals reported.

“In addition to the detailed public statement explaining the decisions taken in each of the cases, all victims and families connected to these five incidents have received an individual written explanation, along with an offer to meet in future to answer any questions they may have.”

Stephen Herron, the director of public prosecutions, confirmed the PPS had taken decisions in all 28 files submitted by Operation Kenova in relation to this investigation.