The Special Criminal Court is to inspect a Garda file relating to allegations of collusion between the gardai and the Provisional IRA. It will then decide if the file is relevant to the trial of a former garda sergeant accused of involvement in a false passports racket.
The file concerns a Garda investigation into allegations of collusion contained in the book Bandit Country by Daily Telegraph journalist Toby Harnden and an article by Irish Times journalist Kevin Myers. Mr Justice Morris, presiding, said the court would then rule on the relevance of the contents of the file and if they should be disclosed to the defence.
Prosecuting counsel Mr Peter Charleton SC said the file's contents were not relevant to the defence case and he would be claiming privilege over it because it described the methods of Garda inquiries.
Mr Hugh Hartnett SC, counsel for former Garda Sgt Finbarr Hickey, applied for disclosure of the file during pretrial submissions yesterday. )
Mr Hickey (42), a married man of Mary St North, Dundalk, Co Louth and Mr James Fox (41), from Co Armagh, with an address at Faughart, Dundalk, are charged with offences relating to a false passports racket. Mr Hickey is charged with 40 offences. It is alleged that on various dates in 1995 and 1996 he stole passports, forged passport application forms, conspired to obtain passports from the Passport Office and had passports for use in a larceny.
Mr Fox faces five charges. It is alleged he conspired with Mr Hickey to obtain false passports between January 1st and February 10th 1995, that he stole a passport on February 10th, 1995, that he forged a passport application form on January 26th, 1995, that he used a forged passport application form on February 2nd, 1995 and that he impersonated another person to obtain a passport on that date.
The court directed that the file be made available to it today. Mr Justice Morris said the court will then give a preliminary judgment on its relevance before hearing further submissions on the privilege claim.