ALLEGED BRITISH agent and senior IRA figure Freddie Scappaticci has been granted legal representation at the Smithwick tribunal of inquiry into the murder of two RUC officers in 1989.
Mr Scappaticci, known as “Stakeknife”, was one of seven individuals and bodies, including the Attorney General and the Police Service of Northern Ireland (PSNI), who yesterday sought representation from Judge Peter Smithwick, ahead of the reopening of public hearings next month.
The tribunal is investigating claims of collusion by members of the Garda, or other State employees, in the murders of RUC chief superintendent Harry Breen and superintendent Robert Buchanan in March 1989 at Jonesborough, south Armagh. They were returning from an informal meeting with senior Garda officers in Dundalk, Co Louth.
Mr Scappaticci had been refused legal representation when the tribunal last sat in 2006 on the grounds he was not at that time relevant to the tribunal’s inquiries and no evidence had been given against him.
However, Judge Smithwick yesterday said the situation had since altered and Mr Scappaticci had “become a person at risk of having his good name and personal property jeopardised” by evidence that may be given during the tribunal.
Judge Smithwick granted the application of Michael Flanagan Solicitors for legal representation for Mr Scappaticci, but limited to the days when he may be mentioned in evidence.
Legal representatives of Margaret Keeley, former wife of former British agent Peter Keeley, who uses the name “Kevin Fulton”, sought permission to have a “watching brief” at the tribunal.
Judge Smithwick said Ms Keeley’s legal team could attend any public session, but they would not be entitled to tribunal documentation. Her former husband has already been given full legal representation at an earlier hearing.
An application was also granted yesterday for legal representation for former Garda sergeant Finbarr Hickey, who was convicted in 2001 of signing false passport application forms for members of the Provisional IRA.
Another former garda, Leo Colton, also sought legal representation at the tribunal. His solicitor, Dermot Lavery, said his client’s conduct was under investigation by the tribunal, and he should be legally represented. Judge Smithwick has reserved his decision on the matter. The PSNI, Attorney General and Eilish Morley were also granted legal representation yesterday.
The tribunal is due to resume sittings on June 7th when an opening statement from Judge Smithwick will be heard. He will begin hearing evidence two days later.
The tribunal was originally set up in 2005 but began its investigative phase in early 2006. Although an original opening statement and two brief hearings were held shortly afterwards, no evidence has yet been heard in public.
