The Smithwick Tribunal
The Smithwick Tribunal of Inquiry into suggestions that members of An Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on the 20th March, 1989, was established by Resolutions passed by Dail Eireann and Seanad Eireann on the 23rd and 24th March 2005 respectively, and by Instrument entitled Tribunals of Inquiry Evidence Act 1921 (Establishment of Tribunal) Instrument 2005.
The Smithwick Tribunal is operating on the premise that Harry Breen and Robert Buchanan were executed by the Provisional IRA because they were RUC officers, this is not correct. Harry Breen and Robert Buchanan were executed by the Provisional IRA as both officers lead the British Team that executed 8 IRA volunteers at Loughgall on the 7th of May 1987, including IRA Commanders Jim Lynagh and Patrick Kelly. Harry Breen, Robert Buchanan, a Senior M15 Officer and SAS Commander were the lead team tasked with taking out the East Tyrone IRA Team at Loughgall.
The Loughgall informer remains alive and well in Monaghan Town, while the identity of the Loughgall informer has been known to the IRA in Monaghan for many years, the republican movement in Monaghan decided that his execution would not be in the political interests of Sinn Fein and so the Loughgall informer has simply been side-lined in Monaghan.
Both Harry Breen and Robert Buchanan were present at the RUC forensic Lab in Belfast, three weeks before the Loughgall executions when an SAS unit used the firing range below the Forensic Lab to test fire weapons similar to those that would be used by the PIRA unit at Loughgall. On the night that the SAS Team test fired these weapons, the weapons were signed in and out of the firing range in the normal fashion, so records do exist. The reason the SAS Team test fired similar weapons to those that would be used by the IRA unit at Loughgall was so that the SAS Team could distinguish between friendly and enemy fire on the night of the Loughgall executions. The SAS Team and their back up units were instructed to execute everyone in the kill zone as soon as the IRA Team opened fire on the unmanned RUC station. The IRA Team Modus Operandi was to open fire in an act of bravado to intimidate the local Protestant community.
Information about RUC officers travelling to and from Garda Stations in the Republic had been known to the IRA for many years, in the weeks running up to the Loughgall executions Jim Lynagh had placed one of his men close to a Garda station to monitor such activity. However, the IRA did not kill nor intend to kill every RUC officer that they had intelligence about, it was much more important to the IRA to watch, monitor and act only where desirable. Harry Breen and Robert Buchanan had been on the IRA books for a long time before they were executed; it was only when the full involvement of Breen and Buchanan in relation to the Loughgall executions was established that they became targets of interest to the IRA. The executions of Harry Breen and Robert Buchanan were specifically sanctioned by Kevin McKenna and Thomas Slab Murphy, the IRA unit who carried out the executions operated directly under the orders of Thomas Slab Murphy.
The question for the Smithwick Tribunal is whether a Garda/Gardai assisted the IRA in the executions of Harry Breen and Robert Buchanan. The answer is simply no; the IRA unit who carried out the executions of Breen and Buchanan were never going to ‘act’ directly on information provided to them by a state agent. This is not to say that the IRA never received information from members of the Gardai and Freestate Army, because they did, however, no IRA commander was ever going to take a unit out on active service on information provided about an immediate operation.
Over the years some Gardai and Freestate soldiers did provide information to the IRA, this information would have been about border patrols, tip offs about raids, location of armoury within an army barracks and so forth, however, it is highly unlikely that any IRA commander is going to put an operation into place purely on information provided by a Garda/Freestate soldier.
Garda stations, particularly in border areas were constantly monitored by the IRA, car details were noted and logged, the registrations and details of these cars would be compared with information gathered by IRA members/supporters in counties Tyrone, Armagh and Fermanagh.
When Michael McKevitt (Real IRA/serving 20 years) told the Smithwick Tribunal that he had never received a tip-off from a Garda about an imminent raid on his home, McKevitt was most likely lying, as this is the type of information that would have been available to the IRA from certain Gardaí. However, it is likely that those engaged in the IRA operation that executed Breen and Buchanan, and who have told the Smithwick Tribunal that the Gardai did not provide the information that lead to the execution of Breen and Buchanan, were telling the truth.
It is being alleged at the Smithwick Tribunal that Garda Corrigan also told the IRA that Tom Oliver was a Garda Informer, the fact that Dundalk was riddled with informers; one would have to wonder why Tom Oliver would be singled out, particularly when it is claimed by those who knew Tom Oliver that he was never an informer.
Previous Updates from the Smithwick Tribunal
A written statement that claims up to a quarter of the IRA gang involved in the killing of two top Ulster policemen were British agents has been handed to a tribunal investigating collusion between terrorists and the security forces during the Northern Ireland Troubles. The document, handed to the Smithwick tribunal by a former British military intelligence officer, shines new light on Ulster's covert war – and raises concerns that the murder of Superintendent Bob Buchanan and Chief Superintendent Harry Breen in March 1989 could have been prevented.
The material, given to the tribunal by Ian Hurst, a former member of the force research unit (FRU), claims that one of Britain's most important agents in the IRA, codenamed Stakeknife, was aware of the murder plot, prompting accusations that in turn his spy bosses failed to inform either the Royal Ulster Constabulary or the Garda Síochána about it. In his 24-page statement, passed to the tribunal headed by Judge Peter Smithwick in June, Hurst claims that Stakeknife – FRU informer Freddie Scappaticci – played a key role in intelligence-gathering that led to the double murder. Yet Scappaticci, the then head of the IRA's spy-catching unit, was in fact a top British agent in the Provisionals.
The Smithwick tribunal is investigating allegations of gardai collusion with the IRA in the murder of Buchanan and Breen on 20 March 1989. The two RUC officers were killed in an IRA ambush shortly after they left Dundalk gardai station, where they had been attending a high-level cross-border security conference aimed at targeting the smuggling empire of IRA commander Thomas "Slab" Murphy.
Up to 25 IRA operatives were directly or indirectly involved in the shooting near Jonesborough, South Armagh. Hurst has estimated that by the late 1980s one in four IRA activists were working for one or more branches of the security forces. One of Breen and Buchanan's former RUC colleagues now claims, as a result of this latest information, that the pair could have been saved.
Colin Breen, a former RUC officer who was himself an IRA murder target during the Troubles, also backed Hurst's demand to travel to Dublin and give evidence at the Smithwick Tribunal. On Hurst's allegations about the extent of security force penetration of paramilitary organisations, Colin Breen said: "I have always known that the degree of penetration of the Provisional IRA by the security forces was high and at all levels.
"Mr Hurst's analysis, based on his considerable experience in the intelligence gathering world, that one in four provisional IRA volunteers were informants and one in two 'officer class' members were also informers can only lead to a fairly damning conclusion in relation to this inquiry." Breen, said: "If these figures are accurate – and I have no reason to suspect otherwise – it is logical to assume that the authorities must have had prior knowledge of this operation.
"Given that there were over two dozen terrorists involved there must at the very least have been indications that something major was being planned by the Provos in the area."
Given the number of potential intelligence streams it would appear inconceivable that these murders could not have been prevented.
"While I would concede that the specifics of the operation may not have been known in time, there must have been enough information to cause the instigation of a spoiler operation by the security forces at the very least.
"Based on this testimony it is with a heavy heart that I conclude that Breen and Buchanan might have been saved."
Hurst also names Martin McGuinness as the man Scappaticci answered to directly within the Provisional IRA.
"The security unit came under the operational command of Northern Command PIRA … and the person in charge of that unit throughout the entire Troubles was PIRA member Mr James Martin McGuinness MP.
"Mr McGuinness was the operational commander of Mr Scappaticci and directly involved in matters of life and death for persons rightly or indeed wrongly suspected of informing upon PIRA members.
"Mr McGuinness was also a key player in the long-term strategic strategies used by PIRA and thus was involved in almost all major strategic decisions, political kidnaps, human bombs etc."
It is now known publicly that Martin McGuinness was answering to an M16 Agent Michael Oakely, however, McGuinness was viewed as a valuable intelligence asset to the British security services and was allowed to continue his role as IRA Commander and the death and violence that involved, if McGuinness had not be allowed to continue his high powered role in the IRA his position would have been weakened and his value to the British would have been quickly undermined.
Hurst says that former Metropolitan police Chief Sir John Stevens, who headed the collusion inquiry into the murder of the Catholic Belfast lawyer Pat Finucane, was aware of Scappaticci's role as a British agent. The former military intelligence officer claims that as far back as 2000 Stevens's team of detectives knew about Stakeknife and his relationship with alleged rogue gardai in the border region.
At that time Stevens was investigating the collusion scandal, mainly into the role of state agents inside loyalist terror groups. Referring to a meeting with one of Stevens's unit at Heathrow, Hurst says: "He then engaged me on a number of subjects relating to Scappaticci, one of which related to rogue gardaí. Another related to Tom Oliver [murdered by the IRA] and [Francisco] Notarantonio [murdered by the UDA].
"I told him I knew [Stakeknife] had meetings with rogue gardaí. I told him that I knew this from [a senior FRU officer].
"I can say with absolute clarity that he raised Mr Scappaticci with me in the context of him being an agent, I believe he was trying to ascertain the extent of any damage and it was my firm belief that he knew that Scappaticci was the agent known as Stakeknife."
Towards the end of the document Hurst raises the possibility that the IRA had originally planned to capture and interrogate Breen and Buchanan rather than murder them. Another FRU agent and one-time IRA member known as Kevin Fulton has claimed state agents involved in the ambush killed the two police officers to prevent them being handed over to a Provisional interrogation unit, with the danger of them leaking the names of informants under torture.
The Guardian has learned that the Smithwick tribunal has asked Hurst to give his evidence in private. But Hurst is understood to insist that he will only speak in public about the Breen-Buchanan double murder and the role of state agents in the IRA. It is understood Hurst may be considering legal action to challenge the tribunal's decision. He has an Irish passport, holds Irish citizenship due to marriage and could argue that the ruling to force him to give evidence in camera is a breach of the Republic's constitution and his right to give evidence openly to a legally constituted inquiry.
The ex-undercover soldier has declined to comment on the information contained in the statement sent to the tribunal, citing legal action by the Ministry of Defence against him over his role in exposing Stakeknife as one of the key reasons why he cannot make any statements relating to the information he has provided. His written evidence also contains the names of senior FRU military intelligence handlers who ran agents such as Stakeknife and senior MI5 officers operating in Northern Ireland at the end of the 80s.
In the document Hurst also claims that a female IRA mole working inside a government agency in Northern Ireland who was under surveillance by the security forces in the late 1980s is still in post.