Freddie Scappaticci, the man suspected of being Stakeknife the British army's top agent within the IRA, died last week. Scappaticci, a former bricklayer, was the grandson of an Italian immigrant who came to Belfast in search of work.
Scappaticci, who was 77 always denied he was Stakeknife. But his death may now rob victims of the IRA of any justice according to the KRW Law, the firm representing some of the victims of the IRA.
Scappaticci left Northern Ireland in 2003 after media organisations alleged he had been working for the British army while head of the IRA's internal security unit — usually called “the nutting squad”. This was the IRA unit who used uncompromising tactics against anyone suspected of being an informer. The unit is accused of kidnap, torture and murder
Former Bedfordshire chief constable Jon Boutcher, who remains in charge of Operation Kenova which is investigating alleged activities and the role of the State, including MI5, during the Troubles, confirmed Scappaticci’s death last week.
In 2016, the Police Service of Northern Ireland commissioned an investigation into Stakeknife's activities led by Jon Boutcher.
Mr Boutcher said his team was "working through the implications" of Mr Scappaticci's death in consultation with stakeholders, including victims and bereaved families.
"The very nature of historical investigations will mean a higher likelihood that old age may catch up with those affected, be they perpetrators, witnesses, victims, family members or those who simply lived through those times, before matters are concluded," Mr Boucher said.
He added that his team remained committed to "providing families with the truth of what happened to their loved ones" and pursuing criminal charges against several individuals.
KRW Law, which represents some victims of the IRA's internal security unit, said in a statement that the news of Mr Scappaticci's death would "frustrate many families" who had been waiting for the publication of the Operation Kenova report.
Their statement said: “We act on behalf of a number of families of murder victims killed by PIRA Internal Security Unit [ISU] during The Conflict.
“All of the cases are linked directly or indirectly to the terrorist activities of Fred Scappaticci, the agent allegedly known as ‘Stakeknife’.
“Today Jon Boutcher who leads the inquiry into Scappaticci confirmed with us the central figure in his inquiry died last Thursday.
“The news will frustrate many families who have been waiting for over 6 years on the imminent publication of Mr Boutcher's independent report known as Operation Kenova. Some initial feedback from clients suggests annoyance about the timing of the death coming as it does on the cusp of the Reports publication later in the summer.
“Not only that but the PPS have been deliberating on prosecution decisions in 33 cases referred by Kenova nearly 3 years ago. Clearly the death will have an impact on both the content of the report and whether or not criminal prosecutions go ahead. . . . . .
“There is a significant volume of litigation ongoing all of which is linked to the deceased. That includes over 35 high court civil actions alleging collusion against him and State agencies together with judicial review challenges touching upon his status as a protected State intelligence asset.
“We have seen it before so many times previously with agents and informants dying before legal processes played out and robbing victims of some semblance of justice. Unfortunately, we may now be seeing that again.”
