high places are just as accountable as other citizens for the wrongs that they do. In order for my country to achieve peace and reconciliation the truth must prevail. Without it there will never be justice, and without justice there will never be peace. I am not seeking revenge. I only seek the truth. The memory of my father and the courage he displayed in doing the work he did deserves nothing less. In order that my family and I can fully reclaim our shattered lives, we ask that the British Government conspiracy behind the murder of Patrick Finucane be investigated and exposed. I would like to thank this honorable committee for its time. [The prepared statement of Mr. Finucane appears in the appendix.] Mr. SMITH. Mr. Finucane, thank you for that very moving testimony, and I can assure you that this subcommittee-and I believe we will have widespread support on both sides of the aisle throughout the Congress-will join you in asking for that international scrutiny, such as a commission to look into all the facts concerning your dad's murder. So thank you for that recommendation. We will follow up on that, I assure you. Mr. FINUCANE. Thank you, Mr. Chairman. Mr. SMITH. Mr. Kelly. STATEMENT OF JAMES KELLY, FATHER OF SEAN KELLY Mr. KELLY. Chairman Smith and members of the Committee. Could I begin by thanking the Committee for their kind invite and for taking the time to hear our plea? My wife, Bridge, and myself are here today as part of our continuing fight for justice for our son, Sean, and his co-accused, Michael Timmons. I am happy to inform the Committee that I had to change my original submission for on Friday, June the 22nd, the Criminal Court of Appeal overturned the conviction of Pat Kane, another co-accused. Sean and Michael are still serving life in prison for their alleged involvement in the tragic death of the two British army soldiers. The incident happened in March 1988 when two soldiers armed but dressed as civilians drove their car into the funeral cortege of Kevin Brady. Mourners believed the funeral was coming under attack and reacted. The car was attacked, the occupants were overpowered and during that struggle a shot was fired. The soldiers were taken into Casement Park. After a few minutes the soldiers were taken away and they were shot dead by the IRA. Representatives of the ward's media attended the funeral of Kevin Brady. Pictures of the frenzied attack on the soldiers' car were flashed all over television screens. To understand why the mourners reacted so forcefully, a series of related events must be taken in account. March 1988 was a particularly traumatic period for the people of West Belfast. Previously, a Loyalist had launched a grenade and gun attack on mourners who themselves attended a funeral of the Republicans from West Belfast. The three had died in controversial circumstances at the hands of undercover soldiers. The Loyalists' attack on the mourners in Miltown Cemetery resulted in another 3 dead and 68 injured. Kevin Brady was one of the dead and it was into his funeral the soldiers drove their car. In view of the way Kevin met his death, it is little wonder the mourners reacted the way they did. We see the background and buildup of tension prior to the 19th of March is important. Yet, in the written judgment, the trial judge allotted just three links to the background. Sean and Michael were arrested almost 1 year after the event. They were charged and released on bail, and the trial took place almost 3 years after the incident. Charged with aiding and abetting and procuring others in the murder, the men protested their innocence. After a 4-week trial the judge conceded the men could not be guilty of aiding and abetting the murder because they were not present at the scene of the shooting. After failing to prove any of the four elements of their charge, the judge found the three guilty by applying the principle of common purpose. Sean and Michael are not guilty of murder. Neither of them attended the scene of the actual shooting; their alleged involvement ended at Casement Park. The two soldiers were taken from the park and driven to Penny Lane. There a struggle took place, ending with both soldiers shot dead. When the shots were fired, Sean was with me. I repeat, Sean was with me half a mile away from Penny Lane, and Michael Timmons was with the funeral procession to the Miltown Cemetery. In another trial connected with this verdict, a different trial judge found a different defendant did not have the proper ground for murder. Yet that defendant was at the scene of Penny Lane fighting with one of the soldiers when the soldier was shot dead. Neither Sean nor Michael knew the final attackers were gunmen. They did not know the soldiers would be killed, they did not agree with the death of the soldiers. Neither they nor we can understand how they can be held responsible for the actions of men they did not know, for actions not approved of, and carried out at a scene they had no knowledge of and did not attend. We believe the principle of common purpose should not apply in this case for both the essential ingredients needed as proof are missing. One, there was no premeditation; and, two, there was no meeting of minds. Sean was walking past the funeral when the soldier's car went on the pavement beside him. Neither Sean nor Michael could have known what was going to happen. None of the men charged knew each other prior to arrest. All attended Kevin Brady's funeral for different reasons, and they came to the scene from different directions. It is accepted by everyone none were members of any Parliament or political group, legal or illegal, they were caught up in an unforeseen and unexpected incident. Neither of them left home with any preplanned notion or criminal intent on their mind. We believe the net of common purpose was cast so wide the prosecution did not have to prove guilt. The prosecution simply had to suggest the death of the two soldiers at the hands of the IRA may or must have been one of a thought which passed through the defendants' minds. It seems that Sean and Michael are serving a life's sentence for a thought they may or may not have had, by the actions of men they didn't know and over whom they had no control. This convic tion should not be allowed to stand. The injustice must be addressed and we appeal for help to achieve that end. Thank you. [The prepared statement of Mr. Kelly appears in the appendix.] Mr. SMITH. Thank you very much, Mr. Kelly, and I can assure you that we will do everything we can to see that justice is served. That is why we wanted you here to make this appeal. I am a father of four and I can just imagine how I would feel if one of my sons or daughters were accused of doing something that they did not take part in. So I want to thank you for your testimony. Mr. KELLY. Thank you, Mr. Chairman. STATEMENT OF BRENDA DOWNES, CAMPAIGN TO BAN Mrs. DOWNES. Mr. Chairman and members of the Subcommittee, I thank you for this opportunity to testify on the use of plastic bullets. I have traveled here today with Bronagh Groves, the daughter of Emma Groves, who was blinded in 1971 with rubber bullets. I am here representing the United Campaign Against Plastic Bullets. I will give a small summary of our written testimony that has been submitted for records. I want to start off this delivery by thanking the people gathered here today who have shown an interest in these plastic bullets, not only in Ireland, but throughout the world. My name is Brenda Downes. When I was 21, my husband, John Downes, was shot dead by a plastic bullet in Belfast. This happened when Martin Galvin was attending a rally in commemoration of the introduction of internment. Internment was a device used by the British Government to detain people whom they suspected of being members of illegal organizations without trial or jury. It was an event which was commemorated by the Viseles community in the north of Ireland because they were the community which suffered most from the introduction of internment. They were protesting against what they saw as indiscriminate use of power to detain people without trial or jury. My husband, John, was 22 years of age when he was shot dead by an RUC man. He was a young man. He had so much to live for, but his life was cut short by the indiscriminate use of plastic bullets by the RUC. When people talk about plastic bullets, they have a vision of a bullet which does not kill or maim. The fact of the matter, however, is that 17 people have been shot dead by plastic bullets. Seven of those victims have been young children, as young as 10 years of age. When I speak here today, however, I speak in the capacity of a person who is totally committed to the banning of plastic bullets throughout the world. They are a lethal weapon, and the terminology of plastic bullets would suggest a weapon which does not maim or kill. The fact of the matter, however, is that they do kill and maim. I was 21 when my husband, John, was shot dead. We were a newly married couple. We had a daughter called Claire, and we both had so much to live for. The unfortunate reality, however, is that the future which we could have had was cut short when my husband was shot dead by a plastic bullet. When John was shot dead, however, I was left in a situation where I had to care for my daughter, Claire, and initially did not cope with the situation. I was prescribed tranquilizers by a doctor, and remained on those for a number of months. I could not cope with life. But I realized then, as I do now [Pause.] Mrs. DOWNES. Sorry. [Pause.] Mr. SMITH. There is no hurry, so please take your time. Mr. SMITH. Sure. Absolutely. Let me just note for the record that Congress has not had hearings on the human rights situation for Northern Ireland before, as far as I know. The House has not done so before. But I was approached by friends from the Hibernian Civil Rights Coalition, Joe Barrett, Ms. Lynch, Ed Ahern, and from the Ancient Order of Hibernians, Joe Roach and Mary Paglione. They suggested a hearing and brought me volumes of information on how bad the situation is, and suggested that perhaps we were at a moment of change. At that time, they were talking about the upcoming elections and whether it would be appropriate and timely to do one immediately after the election, especially if a new government were to be elected. So I want to thank them for their concern about the human rights situation there. As all of the speakers have said, the key is human rights. If we are going to have confidence going forward, respect for the individual seems to be paramount, and we will ratchet up the pressure now. I can assure you that we will not let go, and I speak, I know, for members of our subcommittee. Friends do not let friends commit egregious human rights abuses. If we are such great allies with the British Government, then we need to speak loud and clear about the need for reform in the north of Ireland. The time has come. No more delays. This is a ripe opportunity. Hearing these very compelling stories of grieving family members puts a burden on each of us that is not easily relieved to try to help them secure justice, reconciliation, and hopefully peace and democracy in the north of Ireland. Brenda, if you would like to continue. Mrs. DOWNES. I joined the campaign for the ban of plastic bullets and for a number of years I have campaigned throughout the world in order to generate enough pressure to have these bullets banned. I do not come to the hearing looking for sympathy. I come to this hearing hoping that enough pressure is put on the British Government to ensure that plastic bullets are banned. I think of my own situation, and the effect which these plastic bullets has had on my own life and that of my daughter, Claire. I also think of Julie Livingstone, Carol Ann Kelly, and I ask myself why. They were children. They offered no threat to anyone, but their lives were cut tragically short by a plastic bullet. I also think of Emma Groves who has been an inspiration to me and she was blinded in her own home by a rubber bullet. The use of plastic bullets is wrong, and I am of the opinion that this hearing should follow the example of the European Parliament and most European countries and demand that plastic bullets be banned. The campaign for the banning of plastic bullets is an apolitical organization. We stand for the right to life, and our campaign is geared toward ensuring that there are no more deaths or fatalities because of the use of this plastic bullet. I realize that when I speak here today I do so in the capacity of a person who has witnessed first-hand the impact which a bullet can have on peoples' lives. Recently, a report has been published highlighting the fact that the RUC, British army, were using plastic bullets which were more lethal than what the British Government was prepared to admit. Last summer more than 6,000 plastic bullets were fired in 1 week, the normal average for a year is 1,000. We need your help to ensure that these plastic bullets are not used this coming summer during the marching season. One and one-half million pounds, equal to three million dollars, has been paid in compensation to families and individuals who have been maimed or killed by the plastic bullets. Is this a situation that any democratic party or government can allow to continue? I am of the opinion that if you believe in democracy, then you believe in the right to life. If you believe in the right to life, then you will demand that plastic bullets are banned not only in Ireland, but throughout the world. Again, I would like to thank you all here for hearing this testimony. As has been the case in the north of Ireland, we have never been given justice. No prosecutions have ever taken place. No accountability. The police are a law unto themselves. They kill, maim children, men, women with this indiscriminate use of plastic bullets. Again, I would just like to take this opportunity to thank you. [The prepared statement of Mrs. Downes appears in the appendix.] Mr. SMITH. Thank you, Mrs. Downes. Mr. King. Mr. KING. Mr. Chairman, could Mrs. Groves' daughter identify herself? Thank you. Mr. SMITH. Thank you, Mr. King. Again, Mrs. Downes, thank you for your testimony, and we will do what we can, and I do agree with you. Mr. Wallace. STATEMENT OF ED WALLACE, NATIONAL PRESIDENT, ANCIENT ORDER OF HIBERNIANS Mr. WALLACE. Thank you, Mr. Chairman. I welcome all the Members of Congress. I welcome my Congressman, John McHugh, and bring greetings from northern New York, commonly known as God's country. For the record, the Ancient Order of Hibernians traces its roots back to the 1500s in Ireland when Irish people found it necessary to ban together to defend their faith and their fatherland. With the great wave of immigration in the early 1800s, it was found necessary to establish the Ancient Order of Hibernians in the United |