McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
12
41. There appears to have been a certain time-lag between information
on the ground either being received in the operations room or being passed
on. Soldiers E and F may have been more aware than the Commissioner of
events since they were monitoring closely the information coming in over
the nets, which apparently was not audible to the Commissioner where he
sat at a table away from the control stations. 42. The suspect was followed
for approximately an hour by Witness H who recalled that the suspect was
using anti-surveillance techniques such as employing devious routes
through the side streets. Witness N was also following him, for an estimated
45 minutes, and considered that he was alert and taking precautions, for
example stopping round the corner at the end of alleyways to see who
followed.
5. Sighting of Mr McCann and Ms Farrell
43. Witness M who was leading the surveillance at the border stated that
two suspects passed the frontier at about 14.30 hours though apparently they
were initially not clearly identified. They were on foot and reportedly taking
counter-surveillance measures (Farrell looking back frequently). Their
progress into Gibraltar was followed.
44. At 14.30 hours, Soldiers E and F recalled a message being received
that there was a possible sighting of McCann and Farrell entering on foot.
The Commissioner was immediately informed.
6. Sighting of three suspects in the assembly area
45. At about 14.50 hours, it was reported to the operations room that the
suspects McCann and Farrell had met with a second man identified as the
suspect Savage and that the three were looking at a white Renault car in the
car-park in the assembly area.
Witness H stated that the three suspects spent some considerable time
staring across to where a car had been parked, as if, in his assessment, they
were studying it to make sure it was absolutely right for the effect of the
bomb. DC Viagas also witnessed the three suspects meeting in the area of
the car-park, stating that all three turned and stared towards where the car
was parked. He gave the time as about 14.55 hours. He stated that the
Security Services made identification of all three at this moment.
At this moment, the possibility of effecting an arrest was considered.
There were different recollections. Mr Colombo stated that he was asked
whether he would hand over control to the military for the arrest but that he
asked whether the suspects had been positively identified; he was told that
there was 80% identification. Almost immediately the three suspects moved
away from the car through the Southport Gate. He recalled that the
movement of the three suspects towards the south gave rise to some
discussion as to whether this indicated that the three suspects were on