Journalist Toby Harnden, whose book Bandit Country- the IRA and South Armagh alleged collusion between a member of Dundalk gardaí and the IRA, has declined to give evidence at the Smithwick Tribunal.
As the tribunal opened this morning Judge Peter Smithwick was told Mr Harnden had been scheduled to give evidence for two days, Wednesday and Thursday of this week. But counsel for the tribunal Fintan Valentine said this would not happen as Mr Harnden had now said he was unavailable.
Mr Valentine said Mr Harnden’s withdrawal appeared to have been decided after consultation between the journalist’s new employers Associated Newspapers.
The Smithwick Tribunal is investigating suggestions of collusion between a member or members of Dundalk gardaí and the IRA in the murders RUC officers Chief Supt Harry Breen and Supt Bob Buchanan. The two officers – the most senior RUC men to have been killed in the Troubles – were shot dead in an ambush minutes after leaving a meeting with senior gardaí in Dundalk in March 1989.
Responding to the news that Mr Harnden waould not appear this week Jim O’Callaghan SC for former detective Sergeant Owen Corrigan of Dundalk Garda station, told the chairman the tribunal was entitled to take “an inference” from the non-appearance of Mr Harnden.
He said Mr Harnden’s book had claimed a retired Special Branch detective inspector “had confirmed to him” that there was collusion between a member of the Garda Síochána in Dundalk and the IRA.
Mr O’Callaghan identified this special branch detective as former Det Insp Dan Prenty, who he said had given evidence to the tribunal that Mr Harnden had misquoted.
Mr O’Callaghan said the allegation in the book that a special branch detective had confirmed collusion, was a key allegation “that gave this story legs”. He said he had hoped to cross examine Mr Harnden on the allegation, as following Mr Prenty’s evidence it appeared the book contained inaccuracies.
Commenting on Mr Harnden’s non-appearance Judge Smithwick said he would prefer not to say very much at this stage.
But he did say this week’s dates had been chosen by Mr Harnden after the tribunal had initially proposed dates before Christmas.
The tribunal had been given “very short notice of his not appearing” the judge said. However he added the tribunal would endeavour to secure Mr Harnden’s testimony on another occasion. “ If there is anything I can do to straighten out matters I will do so” he said.
The tribunal is continuing with the evidence of Charlie Flanagan TD who raised concern about collusion in the Dáil, in 2000.
