The alleged leader of the "Real IRA" met an American FBI agent over a two-year period and asked him to acquire equipment for the dissident republicans, the Special Criminal Court was told yesterday.
The court was told that Mr David Rupert, who worked for the FBI and British intelligence, was observed by gardai meeting Mr Michael McKevitt on a number of occasions. The court also heard he infiltrated the "Real IRA" leadership and attended its Army Council meetings.
Mr McKevitt (51), of Beech Park, Blackrock, Dundalk, Co Louth, is charged that between August 29th, 1999 and March 28th, 2001, within the State, he was a member of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hEireann and that he directed the activities of the same organisation.
It is the first prosecution for directing terrorism under new legislation brought in after the 1998 Omagh bombing. Anybody convicted of the offence faces a maximum sentence of life imprisonment.
Mr McKevitt's counsel, Mr Hugh Hartnett SC, said the State was relying on the opinion of a Garda Chief Superintendent for the membership charge and on the evidence of Mr David Rupert, an American citizen, for the directing terrorism charge.
He said the credibility of Mr Rupert was going to be the primary issue in the trial. Mr Rupert was "an accomplice and informer and we say his evidence is untrue". In his statement, Mr Rupert referred to documents, e-mails and tapes. Mr Hartnett said the defence was entitled to these to assess Mr Rupert's credibility before a trial and before a bail application.
He said the defence had written to the State on May 15th seeking Mr Rupert's statements in their original form, correspondence, memoranda, 2,140 e-mails, financial records of Mr Rupert's dealings with the FBI and the British Secret Service, mobile phone records, laptop records, FBI tapes and transcripts of alleged conversations and records kept by intelligence agencies.
Mr Hartnett said Mr McKevitt's solicitor, Mr James McGuill, had sworn an affidavit in which he said no documentation other than four statements made by Mr Rupert had been served on his client.
He said the State had furnished an affidavit to the defence in which it said the "Real IRA" had been responsible for 26 incidents in 1998, and 26 incidents between October 4th, 1999 and the present day. The most serious incident was the Omagh bombing in which 29 people died.
The State also said evidence would be given by Mr Rupert of meetings between himself and Mr McKevitt between October 1998 and August 2000 and of requests from Mr McKevitt to acquire equipment for use by his organisation.
Mr Hartnett said the defence was looking for all the material referred to by Mr Rupert.
He said Mr Rupert was an "extraordinary" witness. He had opened his statement by saying he was very short of money and that he used to own two restaurants, three bars, a clothing store and 110 trailers but after an accident involving his company he had lawsuits totalling £15 million. He also said he had two wives and three girlfriends over a two-year period.
Mr George Birmingham SC, prosecuting, said gardai would be opposing bail and it was the firm belief of the gardai that if granted bail Mr McKevitt would continue to commit further offences and would continue to operate as the leader of the "Real IRA".
Mr Birmingham said this was a case in which there would be "the most elaborate and fullest disclosure" and the State would furnish all the documentation when it was ready. But he said the State was not now in a position to furnish the documentation - that would take six to eight weeks.
Mr Birmingham said Mr Rupert was not an accomplice or informant. He was a paid agent of the FBI who, acting on behalf of the FBI, infiltrated the leadership of the "Real IRA". He could only be contacted through the FBI.
During the time Mr Rupert had infiltrated the "Real IRA" he had remained in contact with the FBI and British Intelligence through e-mails. These e-mails had to be edited before they could be handed over to the defence.
He said the e-mails had to be considered in detail to ensure nothing was disclosed which would put people's lives at risk or damage the State's relationship with the United States.
Mr Birmingham said the court would hear from the gardai that Mr Rupert had contact with Mr McKevitt over a period of years, and had meetings with the leadership of the "Real IRA" and attended meetings of the organisation's Army Council.
During interviews with gardai Mr McKevitt denied any knowledge of Mr Rupert but on a number of occasions gardai who were observing Mr McKevitt saw him in Mr Rupert's company and there would be no difficulty about identifying Mr Rupert.
The court remanded Mr McKevitt in custody until next week and said it would reserve its judgment on the defence application for disclosure.