The Gazette 1972

After again referring to the doctor's evidence on several points, Judge Conaghan said : "I certainly would not reject the events described in paragraph 27 as exagerated or dishonest on the evidence of Dr. Plant, especially as the defendants have access to persons who could give more evidence concerning this incident, but who were not produced at the trial." The judge was referring to a paragraph in Moore's affidavit in which he had alleged that an. M.P. held a sheath knife at his throat telling him "I'll cut your fucking Pope head throat." The doctor had come in and pulled the M.P. off Moore. He then complained about his being roused from bed to treat "these boys conking out." Story not invented by defendant The judge continued : "Moreover, it is very difficult to see how the plaintiff could have invented or would dare to invent a story as circumstantial as that set forth in his affidavit. Whether or not the detail of the incident is exaggerated. I take the view that, in so far as this incident be admitted, it corroborates the many allegations of the continuity and intensity of the exercise which the men in the huts were asked to carry out and that Dr. Plant, unless the plaintiff's version be untrue, was prepared to ask no questions about how the men had been or would be treated : in short, he has shut his eyes, or thinks the matter should not be pur- sued." The judge said that the plaintiff's case was not borne out by evidence from the two doctors who received the men when they were moved from Ballykinlar to the Maidstone since neither of them supported Moore's allegation that his buttocks were then raw and blistered and that he was in an. anxiety state. Even if the plaintiff had exaggerated about the alleged sores and his anxiety state, it still would not mean that his case should fail because they were only relevant to the issue of damage. No complaint to "Maidstone" doctors Referring to the evidence of the two doctors, Judge Gonaghan said that they had asked each person : "Have you any history of operation, or recent illness? As far as you know are you in good health at the moment?" He said : "Having regard to what admittedly went on in Ballykinlar, and having regard to the fact that Superintendent Magill said that admitted constant exercises ought not to have been tolerated, and having regard to the fact that prisoners did have a bad time and their complaints had not received much attention, I do not fault anybody who failed to make a complaint to either doctor on Maidstone, persons from whom they had no reason to expect any better treatment than that which they had already received. Moreover, I do not think that I should attach any weight to an entry of "No complaints" in documents where no complaint was expressly invited, nor do I infer from the fact of no complaint was expressly invited, nor do I infer from the fact of no complaints having been written in a document that no matter of complaint had actually arisen. It was, quite simply, the doctors, as a matter of practice recording factually what happened." Deafening silence about hut conditions The judge later went on to say : "There is a deafening silence from the R.U.C. generally and anybody of army rank higher than Lieutenant Barton (who admits he is the senior officer referred to in paragraph 152 of the Compton Report) as to what went on. in the huts and 89

coarse and foul language involving anti-Catholic ex- pressions were used in ordering them to do the exercises. They also alleged deliberate delay in permitting de- tainees to go to the lavatory and also blows and kicks and the handcuffing of a detainee Gregory Greaney. They also described detainees moaning, symptoms of general distress and gave incidents of people collapsing, including the plaintiff himself. They also alleged being made to "run on the spot" and to do movement "at the double." "Indeed there was no real effort made to contradict evidence that people had to move on the double and that there was the aura of compulsion and authority in going to latrines : the wash and interroga- tion running on-the-spot was conceded by Corporal Graham," the judge said. Turning to how the exercises were initiated, the judge said that the military witnesses gave evidence in the absence of each other, as did some of the plaintiff's witnesses. Three army witnesses, Lieutenant Barton, Sergeant Smith and Corporal Robert Melville Graham gave three conflicting accounts. Judge Gonaghan said : 'I have come to the conclusion that all three are telling lies about this matter. It is also inconceivable the detail of so important an operation would be left to work itself out haphazardly." Army witnesses lying From further replies of Lieut. Barton's, the judge said he gathered that there was truth in the allegation that the men were obliged to face the wall and were not allowed to look around or have visual communi- cation with each other any more than verbal. The army witnesses had denied that harsh words or action or certain of the alleged actions had taken place. They admitted other exercises including press-ups. Delays in escorting people to the latrines were attri- buted by the defendants to a shortage of personnel. After referring to other parts of Lieut. Barton's evidence, Judge Conaghan commented : "It seems to nie, therefore, that he left the conduct of the huts to bis own N.C.O.s, abandoned responsibility himself, even for putting on or removing handcuffs . . . ". He later stated : "I cannot cover all of his (Lieut. Barton's) evidence, but from the foregoing it will be seen that one could not confidently rely upon his evidence to refute the complaint of over exercise, °bscenity and complaints generally made by the plains Judge Conaghan then turned to the evidence of Captain Dr. David Plant who examined the detainees a t Ballykinlar. His evidence was that on the Monday |be men were tired, and on Tuesday were more tired, but he would not accept phrases such as "exhausted" 0 r "prostrate" or any colourful word or that the men showed signs of having been the subject of cruelty or ul-treatment. Examining other aspects of the doctor's evidence, Judge Gonaghan recalled that the witness withdrew a statement that he had seen men moving about outside l be huts to latrines and also "going to food, I think," a fter it was pointed out to him that there had been unchallenged evidence that the men. had all been fed w bere they were confined. Dr. Plant had also given different answers when asked if he knew the detainees were going to be interrogated. The judge said : "Perhaps these are just slips but they may very ^ell not be and should not appear in the evidence of a doctor." fiff and his witness." Army doctor indicted