THE SMITHWICK Tribunal yesterday took the unusual step of excluding the public and media and asking legal teams who remained to sign a declaration that they would not reveal evidence heard at the afternoon’s session.
The tribunal had been scheduled to hear evidence from a number of gardaí in relation to the obtaining of evidence and a search warrant leading to a raid on the home of a prominent member of the IRA in the Louth Border area in January 1990.
The tribunal heard intelligence gleaned from a phone tap had led gardaí to believe they would recover a forged passport at the IRA man’s home. But the search was not successful and the concern was that the IRA man may have been alerted to the Garda operation in advance of the raid.
The tribunal is inquiring into suggestions that a member or members of the Garda in Dundalk colluded with the IRA in the murder of two RUC officers in 1989. Chief Supt Harry Breen and Supt Bob Buchanan were killed in an IRA ambush close to the Border minutes after they left a meeting in Dundalk Garda station en route for Armagh.
Former Det Sgt Owen Corrigan, former Sgt Leo Colton and former Sgt Finbarr Hickey have been granted legal representation at the tribunal. All three have repeatedly denied any collusion with the IRA.
As yesterday’s public session got under way Michael Durack SC, for the Garda Commissioner, told the tribunal the evidence due to be heard could be of “extreme sensitivity”.
He said he would be making an application to hear the evidence in private, but given the sensitivity of the situation he also asked that the application itself be heard in camera.
Judge Peter Smithwick agreed to hear the application in camera.
Giving his ruling later, the judge said he would also take the evidence in private.
He said “steps had been taken to monitor the telephone” of the IRA man and this action had been in accordance with the Telecommunications Acts. He said the Acts prevented the details of such monitoring being released.
The judge also said the evidence likely to be given related to the security of the State and methods used to protect that security.
For these reasons he would be granting the application for the private session. But the judge said the evidence to be heard “could be of very great importance” and may address concerns that the IRA man “had been alerted” to the planned raid. He said the issue “will be referred to as necessary in my report”.
Under the circumstances he excluded the media and the public from the afternoon hearing.
The judge said all who remained – including the legal teams – would be required to sign a simple form undertaking not to reveal what they heard.
The tribunal continues this morning.
