MEMBERS of the media and public were excluded yesterday from an inquiry into claims of Garda collusion in the IRA murders of two RUC officers.
Only judge Peter Smithwick, the tribunal’s legal team and counsel for the Garda commissioner were present to hear details about the tapping of the phone of an IRA member and whether the man was tipped off in advance about a Garda search of his home.
The Smithwick Tribunal is probing rumours that members of the Garda colluded with the IRA in the murders of chief supt Harry Breen and supt Bob Buchanan on March 20, 1989.
The senior RUC men were on their way back to Northern Ireland following a meeting at Dundalk Garda Station when they were murdered in an IRA ambush in south Armagh.
Former Garda sergeants Owen Corrigan, Leo Colton and Finbarr Hickey are being investigated by the tribunal to see if they passed the information to the IRA about the meeting. All three deny the allegation.
At the start of yesterday morning’s hearing, Mary Laverty, senior counsel for the tribunal, said they were due to hear evidence from a number of gardai. It related to the search of an IRA member’s home in January 1990 looking for a forged passport but nothing was found.
Michael Durack, senior counsel for the Garda commissioner, said there were matters arising in this evidence over which the commissioner was claiming privilege and should be dealt with in private.
Mr Durack said the matters were extremely sensitive and he was asking the judge to sit in private so he could make the application, outlining the reasons the evidence should be heard in camera (private).
Only judge Smithwick, the tribunal’s legal team and counsel for the Garda commissioner were present for that application. John McBurney, who represents the family of chief supt Breen, was also excluded.
After hearing the application the tribunal resumed in public and was told by the judge that he had agreed the evidence should be given in camera.
He said the evidence would relate to January 1990, some time after the murders had been committed and after Mr Corrigan had gone on sick leave. The judge said the information relates to the search of the home of a well-known republican. The man’s phone was being tapped and it would seem, the judge said, that he had been alerted to the fact a search was to take place.
Judge Smithwick said he had ruled that this evidence should be heard in private on a number of grounds.
Firstly, it is required to be discussed in private under the Irish Postal and Telecommunications Act and, secondly, it relates to the security of the state. The judge said he may refer to yesterday’s evidence in his final report.
He ruled that legal teams at the tribunal could stay to hear the evidence but must sign a declaration not to reveal anything they heard.
The hearings are expected to resume this morning.
Only judge Peter Smithwick, the tribunal’s legal team and counsel for the Garda commissioner were present to hear details about the tapping of the phone of an IRA member and whether the man was tipped off in advance about a Garda search of his home.
The Smithwick Tribunal is probing rumours that members of the Garda colluded with the IRA in the murders of chief supt Harry Breen and supt Bob Buchanan on March 20, 1989.
The senior RUC men were on their way back to Northern Ireland following a meeting at Dundalk Garda Station when they were murdered in an IRA ambush in south Armagh.
Former Garda sergeants Owen Corrigan, Leo Colton and Finbarr Hickey are being investigated by the tribunal to see if they passed the information to the IRA about the meeting. All three deny the allegation.
At the start of yesterday morning’s hearing, Mary Laverty, senior counsel for the tribunal, said they were due to hear evidence from a number of gardai. It related to the search of an IRA member’s home in January 1990 looking for a forged passport but nothing was found.
Michael Durack, senior counsel for the Garda commissioner, said there were matters arising in this evidence over which the commissioner was claiming privilege and should be dealt with in private.
Mr Durack said the matters were extremely sensitive and he was asking the judge to sit in private so he could make the application, outlining the reasons the evidence should be heard in camera (private).
Only judge Smithwick, the tribunal’s legal team and counsel for the Garda commissioner were present for that application. John McBurney, who represents the family of chief supt Breen, was also excluded.
After hearing the application the tribunal resumed in public and was told by the judge that he had agreed the evidence should be given in camera.
He said the evidence would relate to January 1990, some time after the murders had been committed and after Mr Corrigan had gone on sick leave. The judge said the information relates to the search of the home of a well-known republican. The man’s phone was being tapped and it would seem, the judge said, that he had been alerted to the fact a search was to take place.
Judge Smithwick said he had ruled that this evidence should be heard in private on a number of grounds.
Firstly, it is required to be discussed in private under the Irish Postal and Telecommunications Act and, secondly, it relates to the security of the state. The judge said he may refer to yesterday’s evidence in his final report.
He ruled that legal teams at the tribunal could stay to hear the evidence but must sign a declaration not to reveal anything they heard.
The hearings are expected to resume this morning.
