Lawyers investigating allegations of Garda collusion in the murders of two senior RUC officers met three former high-ranking IRA commanders in recent weeks.
The Smithwick tribunal heard today that its representatives had a face-to-face meeting with senior members of the Provisional IRA as part of its investigation into the ambush of two senior RUC officers in South Armagh 21 years ago.
The meeting was disclosed by Maura Laverty SC, a member of the tribunal legal team, when reading the tribunal’s opening statement this morning ahead of its first substantive hearings, which begin later this week.
The tribunal, chaired by former president of the District Court Peter Smithwick, was set up six years ago to investigate allegations that gardaí or other representatives of the State colluded in the IRA ambush of Chief Supt Harry Breen and Supt Bob Buchanan in March 1989.
They were killed in an IRA ambush near the village of Jonesboro, Co Armagh, as they returned home from a meeting with senior Garda officers in Dundalk earlier that day.
Ms Laverty described the meeting with the former IRA members as a “very significant development” in its private investigation, which has been ongoing for six years. She said that an intermediary had arranged the meeting.
“Those former members included former leadership at both national and local (South Armagh) level. One of the three former personnel had first-hand knowledge of the Provisional IRA operation of March 20th, 989 and had a command role in that operation,” she said. “The former personnel gave a detailed account of the events leading to the deaths of Chief Supt Breen and Supt Buchanan and replied to questions posed [by the legal team].”
The meeting was one of several significant recent developments referred to by Ms Laverty in the 72-page opening statement on the first day of public hearings. She said intelligence material has been uncovered by the tribunal that were not before Judge Peter Cory, the Canadian judge who conducted the first investigation into allegations of collusion, north and south, including this case.
She said the tribunal was furnished, as late as last Thursday, with four relevant intelligence reports. She said the material contained in some of these may be so sensitive that it may necessitate the holding of private hearings.
The opening statement named the three gardaí identified in a Garda investigation carried out in 2000 into the allegations of collusion.
Two of these gardaí - retired Det Sgt Owen Corrigan and retired Sgt Leo Colton - were the focus of allegations made by journalist Toby Harnden in his book Bandit Country and by the columnist Kevin Myers. The third, Finbarr Hickey, a former sergeant, was convicted for counter-signing eight passport application forms which ended up in the hands of three active members of the IRA.
All three have told the tribunal that they strenuously deny that they colluded with the IRA in the killings of the two RUC officers.
The tribunal is holding its first substantive public hearings since it was established in 2005. The duration of the tribunal, which has cost €8 million to date, and the lack of information it has disclosed about its progress have become the subject of controversy.
It was set up in 2005 to investigate if there was a basis to allegations that there was collusion by gardaí or by other State employees in the murders.
Ms Laverty outlined some of the reasons behind the private phase of the tribunal lasting for so long. She said the fact that much of the information had to be obtained from Northern Ireland meant that progress in gathering relevant information was, to a considerable extent, outside the control of the tribunal.
She said the tribunal went to huge lengths to keep its private investigative work completely secret. “We have not spoken to the press… We had hoped that our efforts to protect individuals from speculation would be appreciated… but possibly our silence was misinterpreted by some.”
Ms Laverty said the tribunal has so far interviewed 214 potential witness, including 107 from the Garda, 42 from the RUC or PSNI; and 65 others.
In a statement this afternoon, Sinn Féin president Gerry Adams said the tribunal asked the party’s leadership if it could facilitate an engagement with the IRA. Mr Adams said party chiefs found there could be no engagement as the IRA had “left the stage”.
But he added that former volunteers worked on a voluntary basis with the tribunal through Sinn Féin.
“Having established the process between the tribunal and these former volunteers, Sinn Féin played no further role in the process, though our understanding is that the people involved were in a position to answer all questions about the IRA action in which the two RUC officers were killed,” Mr Adams said. “Sinn Féin facilitated this process because of our commitment to assisting bereaved families if and when we can. This may not be possible in all cases.”
