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May 31, 2005

Lebanonwire

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Ireland mulls charges over killings of UN peacekeepers in Lebanon
by Andrew Bushe

DUBLIN, May 31 (AFP) - Ireland said Tuesday it is considering whether to prosecute a Lebanese man, now resident in the United States, who is suspected of murdering two Irish UN peacekeepers in Lebanon 25 years ago.

Thomas Barrett and Derek Smallhorne, both privates in the Irish army, were shot dead in 1980 at the village of At Tiri in south Lebanon after their UN convoy was stopped by armed members of a Lebanese militia.

No one was ever been charged with the killings, but a Lebanese-born man now living in the United States -- where he is a naturalised citizen -- is regarded by Dublin as the chief suspect.

A defence ministry spokesman told AFP that a reply is pending from the director of public prosecutions, James Hamilton, on the potential application of provisions of the Geneva Convention to enable the case to go ahead.

"Because of the complexities involved it may take some time," he added.

Earlier this year, Defence Minister Willie O'Dea ordered that the files on the murders be re-opened to establish if charges could be brought, adding that he would leave "no stone unturned" in seeking justice for the two privates.

His officials have been consulting the foreign ministry and the office of Irish attorney general as part of a review of international law.

O'Dea told parliament that, according to Attorney General Rory Brady, there were no provisions in Irish law to pursue a prosecution.

"The attorney did indicate, however, that while untested and potentially difficult, it might be possible for Ireland to pursue a prosecution under the provisions of the Geneva Conventions," he said.

"While this appears an outside possibility, I have asked the director of public prosecutions ... to review the matter as a matter of urgency."

The defence minister pointed out that Lebanon had primary jurisdiction over the case, however.

"I have, therefore, asked my colleague, the minister for foreign affairs, to convey to the Lebanese authorities and the US authorities, where the alleged perpetrator resides as a naturalised US citizen, our earnest desire and determination to see the alleged perpetrator brought to justice and to advise them that we will assist in whatever manner we can should either the US or the Lebanese authorities be able to bring him to justice."

O'Dea said the fact that the murders occurred so long ago would "create its own difficulties in mounting a prosecution, even if we can make the alleged perpetrator amenable to justice".

Irish troops have served on UN duty in the Lebanon since 1978. More than 30,000 soldiers -- about three times the current size of the army -- have completed tours of duty there and 44 have been killed.

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