The Smithwick Tribunal is this afternoon hearing evidence in private of a Garda raid on the home of a prominent IRA man.
Judge Peter Smithwick said the search of the man's house in January 1990, was based on Garda phone-tap intelligence and today's evidence many involve matters of State security.
The judge said the raid on the IRA member's house was based on intelligence the man may have possessed a forged passport. But he said the search had been unsuccessful and that the concern at the time was that man may have been "alerted" to the imminent search.
The tribunal had been due to hear this evidence of Garda intelligence this morning. However, at the start of proceedings, Michael Durack, SC for the Garda commissioner, described the potential evidence as being of "extreme sensitivity" and said it could involve matters over which the Garda commissioner claimed legal privilege.
Mr Durack said he would be making an application to hear the evidence in private. However, given the sensitive nature of the evidence, he asked the application too be heard in private.
Judge Smithwick then heard the application with only the tribunal's legal team and counsel for the Garda commissioner present. Reverting to public session just before lunch the judge revealed he had decided to grant the application and would continue hearing the evidence of the search of the IRA man's house in private session.
Explaining his reasons before the public and media were excluded Judge Smithwick said "steps had been taken to monitor the telephone" of the IRA man and these had been in accordance with the Telecommunications Acts. He said the Telecommunications Acts prevented by statute the details of such monitoring being released. He also said the evidence likely to be given related to the security of the State, and methods used to protect that security.
Under the circumstances he therefore excluded the media and members of the public form the afternoon hearing. Judge Smithwick said all who remained - including the legal teams for those involved - would be required to sign a simple form undertaking not to reveal what they hear.
The Smithwick Tribunal is investigating suspicions that a member or members of the Garda in Dundalk colluded in the IRA murder of two senior RUC officers, Chief Supt Harry Breen and Supt Bob Buchanan, in March 1989. The two RUC officers were killer in an ambush in Co Armagh close to the Border minutes after they left a meeting with gardaí in Dundalk garda station.
Former Det Sgt Owen Corrigan, former Sgt Leo Colton and former Sgt Finbarr Hickey are legally represented at the tribunal. All three deny any collusion with the IRA.
Delivering his ruling today Judge Smithwick noted the raid of the IRA man's home came many months after the killings of the two RUC officers and that Det Sgt Owen Corrigan had gone been on sick leave from the Garda at the time.
The tribunal is expected to resume open sessions tomorrow.
