MI5 allegedly applies for secret court session after informant sues for being denied protection

Former IRA mole accuses Home Office of cover-up and claims he was denied medical treatment after being shot by IRA hit team

MI5 has allegedly applied for a controversial secret court hearing after being sued by a former IRA mole who claims he has been denied medical treatment after being shot in a reprisal attack.

Martin McGartland, originally from west Belfast, has been credited with saving the lives of 50 police officers and soldiers in Northern Ireland as a spy within the IRA providing intelligence to the special branch of the Royal Ulster Constabulary.

He is suing MI5 and the Home Office for failing to support him after he was attacked and repeatedly shot by an IRA hit team who tracked him to a safe house in North Tyneside in 1999.

Mr McGartland has told The Independent that solicitors acting for the Home Office, the government department responsible for the Security Service, have applied to have the matter dealt with by a Closed Material Procedure (CMP) hearing.

At CMPs, due to come into force shortly with the introduction of the Justice and Security Act 2013, claimants must be represented before the judge by special advocates who have been cleared for security. Such a hearing would mean that neither Mr McGartland or his lawyers were able to attend.

Labour, which says CMPs deviate from the “tradition of open and fair justice”, has called for the use of such closed proceedings to be limited unless a judge agrees a fair verdict cannot be reached by any other means.

The Law Society president, Lucy Scott-Moncrieff, has also raised objections to CMPs on the grounds that they undermine the essential principle of justice that all parties are entitled to see and challenge all the evidence placed before the court.

CMPs are seen by the Government as a way of bringing before a judge information which, for security reasons, cannot be revealed in open court.

Mr McGartland said that funding for treatment he was receiving for the post-traumatic stress disorder he suffered after the assassination attempt had been stopped. He claimed the secret hearing was designed to cover up the Home Office’s failure to meet its duty of care, rather than to protect genuine state secrets.

“This is being done despite my legal case against them being related to their removing funding for my medical treatment, which they were funding after my 1999 shooting,” he told The Independent. “They removed the medical funding even after they were supplied two medical reports stating that I required a further three to five years of treatment. That resulted in a serious deterioration in my condition and it also led to my now requiring round-the-clock care, help and support. In other words MI5 are going to use CMP solely to cover up their own embarrassment and wrongdoing and not, as the Government has been claiming, in cases that relate to ‘National Security’.”

Mr McGartland has become a high-profile IRA mole, with his experiences forming the basis of the 2008 film 50 Dead Men Walking, named after the number of lives he is said to have saved. His cover was blown in 1991 when he fell under suspicion and was “arrested” by the IRA before being taken for interrogation. Believing he was about to be murdered after eight hours of questioning, he threw himself from a third-floor window. He suffered serious head injuries but was rescued by locals  who called an ambulance.

Although the security forces gave him a new identity and a home in England, he was outspoken in criticising what he saw as failures in the campaign to counteract terrorism.

Mr McGartland believes that his willingness to speak out about his experiences has contributed to the Government’s decision to stop paying for his medical and psychiatric care.

A Home Office spokesman said: “There are ongoing legal proceedings in this case and therefore it would be inappropriate to comment.”

News
Russia Today’s new UK channel began broadcasting yesterday. Discussions so far have included why Britons see Russia as ‘the bad guy’
news

New UK station Russia Today gives a very bizarre view of Britain

Voices
Left: An illustration of the original Jim Crowe, played by TD Rice Right: A Couple dressed as Ray and Janay Rice
voices

By performing as African Americans or Indians, white people get to play act a kind of 'imaginary liberation', writes Michael Mark Cohen

Arts and Entertainment
music
Life and Style
fashion
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Humanities Teacher - Greater Manchester

£22800 - £33600 per annum: Randstad Education Manchester Secondary: The JobAt ...

Design Technology Teacher

£22800 - £33600 per annum: Randstad Education Manchester Secondary: Calling al...

Foundation Teacher

£100 - £125 per day: Randstad Education Chelmsford: EYFS Teachers - East Essex...

English Teacher- Manchester

£19200 - £33600 per annum: Randstad Education Manchester Secondary: Are you a ...

Day In a Page

The drugs revolution starts now as MPs agree its high time for change

The drugs revolution starts now as MPs agree its high time for change

Commons debate highlights growing cross-party consensus on softening UK drugs legislation, unchanged for 43 years
The camera is turned on tabloid editors in Richard Peppiatt's 'One Rogue Reporter'

Gotcha! The camera is turned on tabloid editors

Hugh Grant says Richard Peppiatt's 'One Rogue Reporter' documentary will highlight issues raised by Leveson
Fall of the Berlin Wall: It was thanks to Mikhail Gorbachev that this symbol of division fell

Fall of the Berlin Wall

It was thanks to Gorbachev that this symbol of division fell
Halloween 2014: What makes Ouija boards, demon dolls, and evil clowns so frightening?

What makes ouija boards and demon dolls scary?

Ouija boards, demon dolls, evil children and clowns are all classic tropes of horror, and this year’s Halloween releases feature them all. What makes them so frightening, decade after decade?
A safari in modern Britain: Rose Rouse reveals how her four-year tour of Harlesden taught her as much about the UK as it did about NW10

Rose Rouse's safari in modern Britain

Rouse decided to walk and talk with as many different people as possible in her neighbourhood of Harlesden and her experiences have been published in a new book
Welcome to my world of no smell and odd tastes: How a bike accident left one woman living with unwanted food mash-ups

'My world of no smell and odd tastes'

A head injury from a bicycle accident had the surprising effect of robbing Nell Frizzell of two of her senses

Matt Parker is proud of his square roots

The "stand-up mathematician" is using comedy nights to preach maths to big audiences
Paul Scholes column: Beating Manchester City is vital part of life at Manchester United. This is first major test for Luke Shaw, Angel Di Maria and Radamel Falcao – it’s not a game to lose

Paul Scholes column

Beating City is vital part of life at United. This is first major test for Shaw, Di Maria and Falcao – it’s not a game to lose
Frank Warren: Call me an old git, but I just can't see that there's a place for women’s boxing

Frank Warren column

Call me an old git, but I just can't see that there's a place for women’s boxing
Adrian Heath interview: Former Everton striker prepares his Orlando City side for the MLS - and having Kaka in the dressing room

Adrian Heath's American dream...

Former Everton striker prepares his Orlando City side for the MLS - and having Kaka in the dressing room
Simon Hart: Manchester City will rise again but they need to change their attitude

Manchester City will rise again but they need to change their attitude

Manuel Pellegrini’s side are too good to fail and derby allows them to start again, says Simon Hart
Isis in Syria: A general reveals the lack of communication with the US - and his country's awkward relationship with their allies-by-default

A Syrian general speaks

A senior officer of Bashar al-Assad’s regime talks to Robert Fisk about his army’s brutal struggle with Isis, in a dirty war whose challenges include widespread atrocities
‘A bit of a shock...’ Cambridge economist with Glasgow roots becomes Zambia’s acting President

‘A bit of a shock...’ Economist with Glasgow roots becomes Zambia’s acting President

Guy Scott's predecessor, Michael Sata, died in a London hospital this week after a lengthy illness
Fall of the Berlin Wall: History catches up with Erich Honecker - the East German leader who praised the Iron Curtain and claimed it prevented a Third World War

Fall of the Berlin Wall

History catches up with Erich Honecker - the East German leader who praised the Iron Curtain and claimed it prevented a Third World War
How to turn your mobile phone into easy money

Turn your mobile phone into easy money

There are 90 million unused mobiles in the UK, which would be worth £7bn if we cashed them in, says David Crookes