McConville family 'unsurprised' as judge rules Bell unfit for trial over mother's murder

The family of Jean McConville said they "didn't expect anything else" after a senior judge ruled veteran republican Ivor Bell was unfit to stand trial on charges linked to the 1972 disappearance and murder of the Belfast mother--10.

Seamus McKendry, husband of Jean's daughter Helen McConville, was speaking last night after Mr Justice Colton halted criminal proceedings in accordance with mental health legislation.

"We're not surprised. It's just what we expected to happen," he said after learning a non-criminal mechanism, commonly known as a trial of the facts, will take place instead.

The Belfast Crown Court judge is to review the case of the 82-year-old west Belfast man in the new year when a date for the jury hearing will be made. The jury will be asked to determine the facts only, and not to rule on the pensioner's guilt or innocence.

His defence has always maintained the health of Mr Bell, from Ramoan Gardens, Andersonstown, is such he is unfit to stand any criminal trial and that any trial would have further detrimental effect upon him.

Mr Bell has yet to be formally arraigned on the two charges he faces in connection with the IRA abduction and murder of Mrs McConville from her Divis flat home in west Belfast over 45 years ago.

The pensioner was originally charged with aiding and abetting her murder, and with being a member of the IRA, but they were subsequently amended by the Public Prosecution Service.

The charges he now faces firstly claims that "on a date unknown between the 31st day of October 1972 and the 1st day of January 1973 he encouraged persons not before the court to murder Jean McConville".

The second accuses him of having "endeavoured to persuade persons" to carry out the murder.

The evidence upon which the counts are founded was based on audio interviews said to have been conducted and recorded in Northern Ireland by republican veteran and Sinn Fein critic Anthony McIntyre as part of the so-called Boston Tapes. Part of the audio material obtained by the PSNI includes interviews with 'Z', whom the prosecution claims is Mr Bell.

A statement on behalf of the judge said: "Mr Justice Colton, sitting on Wednesday in Belfast Crown Court, found Ivor Bell unfit to be tried in accordance with Article 49(4)1 of the Mental Health (Northern Ireland) Order 1989. The judge refused an application to stay the proceedings for abuse of process.

"He ordered the criminal trial shall not proceed further but that it shall be determined by a jury on such evidence as may be adduced by the prosecution, or adduced by a person appointed by the court under Article 49 to put the case for the defence whether it is satisfied as respects the counts on which the accused was to be tried that he did the act or made the admission charged against him."

Mrs McConville (37) was dragged from her home in Belfast's Divis flats complex in 1972 by an IRA gang of up to 12 men and women, and accused of passing information to the British Army - an allegation later dismissed by the Police Ombudsman.

She was shot in the back of the head and secretly buried over the border, becoming one of the 'Disappeared' victims of the Troubles.

Her remains were eventually found on Shelling Hill beach in Co Louth in August 2003.

Belfast Telegraph