A former assistant Garda commissioner who helped investigate suspicions members of Dundalk gardaí assisted in IRA murders of two RUC officers has failed to appear at the Smithwick Tribunal for the second time.
Tribunal chairman Judge Peter Smithwick said this afternoon he is considering referring the non-appearance of Kevin Carty to the High Court.
Mr Smithwick told this afternoon's public session of the tribunal he felt it was important to hear evidence from Mr Carty, who he said had assisted in a "bedrock" report, carried out at the behest of the then government into allegations that the IRA had a mole or moles in Dundalk Garda station.
Chief Supt Harry Breen and Supt Bob Buchanan were killed in an ambush in south Armagh minutes after they left a meeting in Dundalk Garda station in March 1989.
The tribunal is investigating suspicions that members of the gardaí colluded with the IRA in the killings.
But despite agreeing to turn up to give evidence today, after the tribunal booked and paid for his flights, the judge said Mr Carty had send an e-mail enclosing an "unsigned" doctor's letter, claiming two flights in close succession would represent a stressful impact on an existing medical condition.
The judge the medical condition had been mentioned last September, but said no objection had been raised to the dates when specific flights to and from Ireland were offered. "If the problem is two flights in 24 hours that is easily fixed," he said.
Judge Smithwick noted Mr Carty had previously said he would be unavailable to the tribunal from the end of November to the end of March next and had asked for at least two weeks notice of arrangements. This had been respected, he said.
Judge Smithwick said Mr Carty, who had told the tribunal he was living in Armenia, had send an e-mail on November 24th stating he was not going to attend on medical advice.
"The medical advice is from a doctor in Austria and she gives Mr Carty's address as one in Poland," said the judge, adding that the doctor's letter was not signed.
"I am inevitably left in the position of having to consider whether I should refer Mr Carty's non-attendance to the High Court. I hope that this will not be necessary and that he will make himself available so that I will hear evidence from him shortly," he said.
Meanwhile, Judge Smith announced this afternoon the tribunal will hear evidence from former Real IRA leader Michael McKevitt on Monday,
McKevitt was jailed for 20 years by the Special Criminal Court in 2003 of membership of an illegal organisation. In June 2009, he was one of four people found liable by a civil court in Belfast for the Omagh bombing.
Addressing a public sitting of the tribunal yesterday afternoon Judge Smithwick said McKevitt would be travelling from Portlaoise prison specially for the hearing.
Judge Smithwick said McKevitt would be travelling from Portlaoise prison specially for the hearing.
