If the statement of the former director of Army intelligence, Col Michael Hefferon, had not been heavily altered before entering the book of evidence in the Arms Trial in 1970, the trial might never have taken place, it was claimed in an RTE programme last night.
The former intelligence officer, Capt James Kelly; Mr John Kelly, a Northern nationalist; and the Belgian businessman, Mr Albert Luykx, probably would not have been charged with the alleged importation of arms in 1970.
However, the trial went ahead and the three men along, with Mr Charles J. Haughey, were acquitted.
Mr Patrick MacEntee SC, a prominent barrister, said if the original statement had been produced it would have put "a totally different appropriateness on the matter." Capt Kelly, Mr Kelly and Mr Luykx would not have been charged. "I think things would have been different if this statement had reached the lawyers. It is possible there would have been no trial at all," Mr MacEntee said.
RTE's Prime Time programme, Evidence of the Colonel, referred to the original statement of Col Hefferon, found among the State papers released last January under the 30-year rule. Prime Time says it has established that it was heavily edited before it reached the attorney general, Mr Colm Condon SC.
Most of the deletions referred to the actions of the minister for defence, Mr Jim Gibbons, and implied he had knowledge of the activities of Capt Kelly. One deletion had Col Hefferon saying: "It is my opinion that Mr Gibbons knew that Capt Kelly was involved in assisting the Defence Committees in the North to procure arms."
Questioned by Michael Heney, the presenter of the programme, about the deletions, Mr MacEntee said this was something that should not have happened, and it should should be investigated. "It is difficult to say who should look into it. Maybe the Garda or a select Committee of the Dail," he said.
Capt Kelly's wife, Sheila, said: "We were astounded to find the papers. We thought they would have been shredded by now."
Col Hefferon's son, Colm, said: "This statement was changed, and that is very serious."
Mr John Kelly said Capt Kelly had been put under terrible strain by the trial.