A key garda inquiry into allegations of Garda collusion in the IRA murders of two RUC officers failed to interview politicians on both sides of the Irish Sea who claimed to have vital information, the Smithwick Tribunal heard today.
The inquiry into alleged collusion into the 1989 murder of two RUC officers by the IRA was carried out in 2000, following expressions of concern by a range of politicians, as well as an article by journalist Kevin Myers in The Irish Times, and a book on the subject by author and journalist Toby Harnden.
However, while both journalists were asked to assist the subsequent Garda inquiry, none of the politicians were asked to give an interview.
This was despite Jeffrey Donaldson using House of Commons privilege to name one of the Dundalk gardaí allegedly involved, and Jim Higgins telling the Dáil he had the names of two gardaí who he also said were allegedly involved.
Det Chief Supt Peter Kirwan, a senior intelligence officer who assisted in the garda inquiry, told the tribunal the inquiry had believed the politician's concerns amounted to just "a commentary" on the Irish Times article and the book.
He said he had been very much an aide to the late chief supt Seán Camon who had been two ranks above him at the time. He referred to a section in the executive summary of the inquiry report in which Mr Camon described the politicians' remarks as commentary, arising from on the book and the newspaper article.
Chairman of the tribunal Judge Peter Smithwick told Mr Kirwan that Mr Higgins had given evidence to the tribunal that he had the names of two gardaí in Dundalk who had colluded with the IRA, and this material was in neither the newspaper article nor the book. He asked if this would not have been of interest to the Garda inquiry.
But Mr Kirwan said he could not say Mr Camon had been wrong in his decision not to interview the politicans. " I did not disagree with him at the time. I will not say at this time it was a wrong decision", he said.
Justin Dillon SC for the tribunal suggested the absence of the politicians' contribution in the report was a "clear omission". He said one politician had "offered two names and neither of you go near him".
He also expressed surprise that Jeffrey Donaldson was not interviewed after Mr Donaldson claimed in the House of Commons to have carried out his own investigation, before naming a member of the gardaí in Dundalk.
The tribunal has heard that concerns were also raised by former Northern Ireland First Minister David Trimble in a letter to then taoiseach Bertie Ahern; by Charles Flanagan of Fine Gael and by former taoiseach John Bruton. None of them was interviewed for the Cammon inqiry report.
Mr Kirwan told the tribunal the inquiry had found no evidence of leakage of information to the IRA from Dundalk Garda station.
RUC chief supt Harry Breen and supt Bob Buchanan were the highest ranking RUC officers killed during the Troubles. They were ambushed in south Armagh as they returned from a meeting in Dundalk Garda station.
The tribunal is investigating suggestions that members of the Garda based in Dundalk colluded with the IRA in the killings.