McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
10
did not recognise them. At the inquest, under cross-examination, he at first
did not recall that he had been given any of the aliases that the three
suspects might be employing. Then, however, he thought that he
remembered the name of Coyne being mentioned in relation to Savage and
that at the time he must have known the aliases of all three, as must the
Spanish officers. Chief Inspector Ullger, who had briefed Huart however,
had no recollection of the name of Coyne being mentioned before 6 March
and he only recalled the name of Reilly in respect of McCann. However, if
Huart recalled it, he did not doubt that it was so.
34. On the Gibraltar side of the border, the customs officers and police
normally on duty were not informed or involved in the surveillance on the
basis that this would involve information being provided to an excessive
number of people. No steps were taken to slow down the line of cars as they
entered or to scrutinise all passports since it was felt that this might put the
suspects on guard. There was, however, a separate surveillance team at the
border and, in the area of the airfield nearby, an arrest group. Witness M
who led a surveillance team at the frontier expressed disappointment at the
apparent lack of co-operation between the various groups involved in
Gibraltar but he understood that matters were arranged that way as a matter
of security.
35. At the inquest, Chief Inspector Ullger stated, when pressed about the
failure to take more scrupulous measures on the Gibraltar side,
"In this particular case, we are talking about dangerous terrorists. We were talking
about a very, very major and delicate operation - an operation that had to succeed. I
think the only way it could have succeeded is to allow the terrorists to come in and for
the terrorists to have been dealt with in the way they were dealt with as far as the
surveillance is concerned."
36. While Soldiers E and F made reference to the preferred military
option as being to intercept and arrest the suspects in the frontier area, it
appears not to have been pursued with any conviction, on the assumption
that identification would not be possible in light of the brief time available
for identification to be made (10 to 15 seconds per car) and the lack of prior
warning from the Spanish side.
3. Arrest options: Advisory Group policy
37. Soldier F stated that the military option had been refined down to the
preferred option of arresting the suspects when they were on foot in the
assembly area, to disarm them and then to defuse the bomb. He referred also
to four key indicators formulated by the Advisory Group with a view to
guiding the Commissioner:
1. if a car was driven into Gibraltar and parked in the assembly area by an identified
member of the active service unit;