HET Report into the murder of Bernadette Friel (Extracts)
HET18 October 2010
Bernadette Ann Friel was shot at 413 Carnhill, Derry, at 11am on Sunday, October 19, 1975 and subsequently died as a result of her injuries at Altnagelvin Hospital, Derry, at 9.45am on Tuesday, October 21, 1975. Bernadette was aged 22 years at the time of her death. She was born on October 18, 1953. Bernadette was a Catholic and had lived at 9 Donagh Place, Derry with her son Tony, aged four, her father, William Friel (now deceased) brothers Joe, Leo, John, Billy, Paul, and her two sisters Jean and Mary.
Bernadette was a close friend of Thomas Ramsey's wife and occasionally stayed at her house. Also staying at the house over the weekend of October 17-20 was Hugh Stanley, the 16-year-old brother-in–law of Ramsay. The accounts given indicate that about 11 am on Sunday, October 19, 1975 Bernadette, Thomas Ramsay, Hugh Stanley, Ramsey's three children and three other young boys were downstairs. Bernadette went upstairs and Thomas Ramsay and Hugh Stanley followed her almost straight away, everyone else remained downstairs. Almost immediately a shot was heard upstairs in the small bedroom. Bernadette had sustained a single gunshot wound to the head. An ambulance was called to the house. Bernadette was found to be alive but unconscious, she was taken to Altnagelvin Hospital. At 9.45am on Tuesday, October 21, 1975, despite extensive surgery, Bernadette died from her injuries in the hospital.
DI Ruddell in his comprehensive report to the DPP recommended a charge of murder against both Ramsay and Stanley and these recommendations in respect of the charges were supported by senior officers. During the search of the house, after Bernadette's shooting, a number of firearms and related items were found. On Wednesday, June 9, 1976 at Londonderry County Assize Thomas John Ramsay pleaded guilty to the offence of manslaughter and was sentenced to 12 months imprisonment. The firearms offences were dealt with on Friday, June 25, 1976 at Belfast City Commission and he was subsequently given two years imprisonment to run concurrently. On the direction of the Director of Public Prosecutions (DPP) no further action was taken against Hugh Stanley for the offence of manslaughter. However, he was given a conditional discharge for two years in relation to firearms offences. The HET report concludes they believe Ramsay deliberately shot Bernadette and fabricated the 'Russian Roulette' story, one of a sequence of lies he gave investigators.
On Tuesday, October 21, 1975, Dr Carson, the Deputy State Pathologist, for Northern Ireland, conducted a post mortem examination on Bernadette Ann Friel, in the mortuary at Altnagelvin Area Hospital. Other than the single gunshot wound Bernadette had sustained no other injuries. At the conclusion of the post mortem, Dr Carson noted that,
“The brain injury caused by the gunshot wound would have resulted in immediate unconsciousness”. He further stated, “The location of the entrance wound, and the course followed by the bullet within the head, would be in keeping with the shot having been discharged from a slightly higher level, as for example when the girl was sitting on a bed”.
There are no records to show whether the murder scene was cordoned off after the incident. However, the army arrived at the house immediately after the shooting; they requested an ambulance to take Bernadette to hospital. Ramsay was allowed to accompany Bernadette to the hospital. It is clear that the main focus of the investigation into Bernadette's shooting was swiftly directed towards those people inside the house at the time Bernadette was shot, and in particular, Thomas Ramsay and Hugh Stanley. On the instructions of DI Ruddell (RUC) an army search team conducted a search of the house and a number of weapons and other items were recovered and forwarded by the RUC SOCO, Constable Cunningham, for forensic analysis. Firearms residue swabs taken from Thomas Ramsay and Hugh Stanley are still available. No residues were detected. Whilst the presence of firearms residue is not conclusive evidence that a firearm has been used, it is a possibility. The SOCO would have taken swabs from three areas of the hand, namely the V of the hand between the thumb and first finger, the palm of the hand and the back of the hand. The swabs would have then been sent for examination.
HET Comment: There is no indication in the case papers whether the two accused were allowed to wash their hands whilst in police custody.
HET has liaised with a Lead Scientist at FSNI, who stated that it was not unusual to obtain a negative result in these types of tests after a lengthy period (the swabs were taken seven hours after the death).
Information contained within the papers indicates that Hugh Stanley remained in the house while the army carried out the search. He was then taken from Carnhill to Fort George army camp where at 3.50pm he was handed over into police custody. He was swabbed for firearms residue at 6.30pm. Thomas Ramsay was brought from Altnagelvin Hospital where he had accompanied Bernadette in the ambulance. (He was allowed to do so by the army). He was taken to Fort George at 12.45pm and handed over into police custody at 4.35pm. Ramsay received a visit from a welfare officer from 4.45pm to 5pm. (It is believed that this was to make arrangements to take his children into care while he was detained). He was then swabbed at 6.20pm. The firearm residue tests were carried out by Constable William Cunningham, SOCO who had been engaged during the day with duties at the scene at Carnhill.
There is no record of any fingerprint examination having taken place.
HET Comment: HET have liaised with the fingerprint department and note that there is no record of any fingerprint evidence being recovered from the weapons or the scene.
The accounts of Ramsay and Stanley changed a number of times during the course of their detention. It is clear that throughout the interview process they both sought to minimise their culpability in Bernadette's death.
HET Comment: The position of the wound and the direction of travel of the bullet completely excludes any possibility that Bernadette could have shot herself.
Outcome of the HET Review
The police response was limited, which reflects the fact that the investigation swiftly focused on the detention and subsequent arrest of Thomas Ramsay and Hugh Stanley. The nature of this death dictated that the crime scene was contained within Ramsay's house. The absence of direct evidence independent of Ramsay and Stanley allied to their clear motivation to explain Bernadette's death in a manner, which reduces their culpability, casts considerable doubt on the 'Russian Roulette' explanation. It is incomprehensible to consider that Bernadette would have consented to involvement in such a nonsensical life-threatening situation.
Ramsay was an ex British soldier who would be in no doubt about the dangers associated with the reckless use of firearms. His explanation clearly lacks credibility. The fact that he had attempted to explain the situation with other equally implausible explanations casts further doubt on his 'final version'. The presence of firearms instruction/ training manuals within his home may also be a further indication of his familiarity with weapons handling.
In addition, members of Bernadette's family have emphasised both at the time of the original investigation and subsequently, that Bernadette would have been scared of guns. Whilst it is clear that Ramsay fired the single shot, which killed Bernadette, the reasons and the exact circumstances remain in doubt. Efforts have been made by the HET to speak to Hugh Stanley regarding the sequence of events, to date he has not responded to correspondence sent to his home.
HET notes also that Ramsay lied repeatedly about the incident and concealed the weapon and the spent cartridge.
HET believes, on balance, that Ramsay deliberately shot Bernadette and then lied to cover up his responsibility. HET agrees with the original SIO, DI Ruddell, who recommended Ramsay be charged with murder.
HET conclusions
- On Sunday, October 19, 1975, Bernadette Friel was present at 413 Carnhill, Shantallow, Derry the home of Thomas John Ramsay. Also present was Hugh Stanley and Ramsay's three young children. Three other young boys were also downstairs at this time.
- Bernadette received a fatal shot to the head whilst upstairs in a bedroom at 413 Carnhill, Derry with Thomas Ramsay and Hugh Stanley. Bernadette subsequently died at Altnagelvin Hospital on Tuesday, October 21, from her injuries.
- The army, who were on a routine patrol of the area, were quickly on the scene. It is known that during this period of time, nationalist areas, such as the Carnhill estate were often saturated with army patrols.
- Both men were detained by the army and later handed over to the police for questioning. After initial lies and concealing the weapon they eventually alleged that they had been engaged in a form of Russian Roulette with a revolver, at Bernadette's suggestion. They further alleged that only one round was fired from a .45 revolver, which hit Bernadette in the head. Hugh Stanley suggested that Thomas Ramsay attempted to fire the weapon twice.
- Only one spent cartridge, which was recovered in the bathroom cabinet, was found during a search of the premises. This cartridge has been forensically linked to the weapon used.
- Ramsay was charged with Bernadette's murder and firearms offences however, on the directions of the DPP this was changed to manslaughter and firearms offences. Thomas Ramsay served a one-year term of imprisonment. Hugh Stanley was given a conditional discharge for firearms offences.
- The revolver used was recovered at the scene. The bullet itself could not be subjected to any comparison tests due to the degree of distortion. There are no ballistic links to any other murders. There are no further forensic or fingerprint opportunities.
- The absence of direct evidence independent of Ramsay and Stanley allied to their clear motivation to explain Bernadette's death in a manner, which reduces their culpability casts significant doubt on the 'Russian roulette' explanation. It is incomprehensible to consider that she would have consented to any engagement in such irrational and life-threatening behaviour.
- Ramsay was an ex British soldier who would therefore be in no doubt about the dangers associated with such reckless use of firearms. His explanation clearly lacks credibility. Whilst it is clear that Ramsay fired the single shot, which killed Bernadette, the reasons and the exact circumstances remain in doubt.
- HET believes Ramsay deliberately shot Bernadette and fabricated the 'Russian Roulette' story, one of a sequence of lies he gave investigators.