Revising the Arms Crisis

A new book on the ‘Arms Crisis’ claims to overturn the widely-received narrative on the trial and the role played by Captain James Kelly.

Dr Michael Heney is adamant that the way in which the Bailieborough man was treated 50 years ago remains “a scandal”. Before becoming an historian, Michael Heney was an investigative reporter for RTÉ for many years, most notably on Prime Time. It was in making a programme on the Arms Crisis of 1970 that he first encountered Captain Kelly.

The public in the South were outraged to see the nationalist minority in the North, who had campaigned for civil rights, come under sustained attack from loyalists, supported by the RUC and B Specials, particularly in the riots of August 1969. In the space of just five days, over 1,500 Catholic families were forced to flee their homes, many heading south of the border as refugees; while over 300 protestant families fled mainly to the loyalist stronghold of East Belfast.

To ensure nationalists would not be left so defenceless in future, if such attacks were repeated, Captain James Kelly and others - including ministers Charles Haughey and Neil Blaney - plotted to bring guns in from the continent to arm ‘Nationalist Defence Committees’. The plan was scuppered in May 1970 when the leader of the opposition, Liam Cosgrave, received an anonymous tip-off and confronted Taoiseach Jack Lynch. Lynch reacted by promptly sacking Haughey and Blaney, and just five months later the scene was set for the Arms Trial.

“There was no argument that guns were coming in,” explains Dr Michael Heney. “Captain Kelly never denied it... The question was, had Lynch’s government effectively authorised this or was it a wildcat operation being conducted by Lynch’s ministers - Haughey and Blaney - with the assistance of Captain Kelly against Lynch’s wishes and as a secret plot to re-arm the IRA and bring down the Northern Ireland state?”

The jury in the trial acquitted all the defendants.

In his Prime Time broadcast in 2001, Michael honed in on evidence to the Arms Trial provided by Captain Kelly’s direct superior, Col Michael Hefferon.

“Those programmes showed that the witness statement of Colonel Michael Hefferon had been doctored before it had reached the book of evidence,” asserts Michael.

The show’s allegations caused a stir at the time, and resulted in inquries conducted by then Attorney General Michael McDowell and another by then Minister for Justice John O’Donoghue followed.

“These two reports concluded that nothing untoward had happened and everyone should move on,” recalls Michael.

Move on Michael did, working for a further decade with RTÉ; meanwhile Captain Kelly passed away in 2003. He promised Captain Kelly’s widow Sheila he would return to the topic.

In making the shows, Michael got to know both James and his wife Sheila “quite well”.

“I found him a very impressive man, to tell you the truth... Jim was a very literate and intelligent man. And of course what they discovered in the Arms Trial, when he was in the firing line, was that he was as tough as nails, all the Cavan grit was in him. They tried to break him in that trial, but they failed to break him, and of course he was acquitted of all crimes.”

Michael’s retirement saw him pursue a PhD and Masters in history at UCD where he again resumed his digging into the Arms Crisis - and it’s this research, under the supervision of Professor Diarmuid Ferriter, which forms the core of his book ‘The Arms Crisis of 1970 – The Plot That Never Was’.

“It’s the story of Captain Kelly who said he was following orders, what he did was known to his commanding officer, and to the Minister for Defence and he was entirely guiltless, and that is the story of this book.”

Dr Heney explores evidence - much of which he contends is “new evidence which has not been seen before” - and concludes the accuseds were acting in accordance with Lynch’s clandestine policy.

“It was an unofficially authorised operation,” he claims. “The Lynch government had a policy of providing arms for the nationalists if they were to be attacked again - only then, if they were to be attacked - the guns were to be for their defence in those circumstances. Not to attack partition.”

Scapegoated

Dr Heney explains that Lynch would have been politically unable to accept responsibility for such a policy.

“When confronted by Liam Cosgrave... he couldn’t stand over it because he was being asked to stand over a policy, which involved sending the army over the border and providing arms to nationalists. In terms of Anglo Irish relations, Lynch could do that in private, but once he was confronted in public, he was not prepared to stand over it.”

Hence, according to Dr Heney’s reading of the events, Lynch sought to distance himself, while Haughey and Blaney were scapegoated while, Captain Kelly was “collateral damage”.

The jury’s finding that the defendants were not guilty did little to satisfy the Fianna Fáil government, Michael asserts: “They were all acquitted in the trial, but of course the Lynch government determined that they were really guilty and treated them as if they were guilty. So, although James Kelly was acquitted of all crimes, he remained under a cloud and spent the rest of his life trying to restore his reputation. And that is still the situation 50 years on.”

The Celt asks how did they suggest Captain Kelly was, in fact, guilty?

“They said it at the time,” he retorts. “Even when they were acquitted, they said there was obviously a plan to bring in arms illegally, although the jury had decided otherwise. The reality is they treated him right up to his death as if he had been guilty of something criminal.”

The tone in Dr Heney’s voice conveys how affronted he is by how Captain Kelly, and his boss, a key witness, Col Hefferon were treated.

“There are two army officers here whose reputations were sullied. It’s not good enough if the facts suggest they were not guilty of anything, and in fact did their loyal duties as army officers.

“It’s an absolute offence that this should be the story still in 2020. This is a scandal.”

* The book is available in Easons Cavan and all good book stores