FBI agent Mr David Rupert was described at the Special Criminal Court yesterday by a New York State trooper as a "life-long criminal" who smuggled explosives, drugs and illegal aliens in the US and Canada.
Trooper Eddie Hamill told the FBI in 1993 that Mr Rupert, the main witness against the alleged "Real IRA" leader Mr Michael McKevitt, used bonded trucks registered in the name of others for smuggling along the Mohawk Reservation between the US and Canada. He described Mr Rupert (51) as "street smart" and said he set up the criminal enterprise but let others "take the risk".
Mr Hugh Hartnett SC, defending, put it to the witness that Trooper Hamill also told the FBI that he was "smooth and bright and will do anything if he sees a profit".
"Smooth enough to spend seven years in the republican movement and live to talk about it," Mr Rupert replied.
The witness said Trooper Hamill's allegations were "pure fantasy" and said he had never been involved in smuggling. If he had "all this information" one would think "he'd have me arrested", he added.
Mr Rupert said his trucks were bonded. They carried cigarettes "that came up from Miami" and the loads were "legal and legitimate", he told the court.
Mr Hartnett put it to him that he was "street smart clever and you don't get caught", just as Trooper Hamill described him. "No," said Mr Rupert, "that's just pure fantasy." He repeated that he "had never been a smuggler".
At that point, Mr Hartnett asked that Mr Rupert leave the court as an issue had arisen and he wished to make a legal application. The court will rule on Mr Hartnett's application today.
Earlier, Mr Rupert refused to sign a form releasing details of his tax affairs to lawyers for Mr McKevitt.
Mr Rupert was repeatedly pressed by Mr Hartnett to sign a form allowing details of his dealings with the US Internal Revenue Service to be released and he repeatedly refused to do so.
Mr Rupert told Mr Hartnett that he had obtained advice from his attorney and when asked to name the attorney he claimed privilege.
He said that his stepdaughter is also an attorney and mixed in the same circles as his attorney. It was a matter of great concern to him because last year she received a death threat if he testified in another trial.
Mr Hartnett asked Mr Rupert if he had any difficulty signing a consent form allowing the defence to see his tax returns and he replied: "I would not sign it. That is a matter in the United States that is a pretty private matter between the US government and the taxpayer and I would not sign that." Mr Rupert said he would not sign the consent form for the three judges at the court or for the DPP.
When Mr Hartnett put it to him that his character was an issue in the trial and that he had earlier portrayed himself to the court as a man acting on his moral teachings, Mr Rupert said: "I said that my moral issue really amounted to murder or some of the things we spoke of here, mass murder. I took an oath to tell the truth and I told the truth in every incident I have given and no, I won't release that information." Mr Rupert said that he had filed tax returns for every year since 1993, except 1997, but he did not recall if he had actually paid tax for any year before 2002.
It was the 10th day of the trial of Mr McKevitt (53), of Beech Park, Blackrock, Dundalk, Co Louth. He is charged with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Óglaigh na hÉireann, between August 29th, 1999, and March 28th, 2001. He is also charged directing the activities of the same organisation.
The trial continues today.