Difficulties at Smithwick resolved

Difficulties between the Smithwick Tribunal and a former Garda assistant commissioner have been resolved.

The former assistant commissioner Kevin Carty is now expected to give evidence to the tribunal later this month.

At the tribunal hearing this morning, counsel for the tribunal Justin Dillon SC told Judge Peter Smithwick contact had been established with the former garda and the issue of his appearance at the tribunal had been "resolved".

Last week, Judge Smithwick expressed disappointment Mr Carty had failed to attend to give evidence, despite the tribunal having issued a summons and six other forms of correspondence to his Irish address since March of this year.

Mr Carty has been living outside the country on a regular basis working with the UN.

He was formerly a detective inspector who aided the then assistant commissioner Ned O'Dea, in an investigation into what garda officers or other State employees knew of the visit of two RUC officers to Dundalk Garda station in March 1989.

RUC chief inspector Harry Breen and superintendent Bob Buchanan were killed in an IRA ambush minutes after they left a meeting in Dundalk Garda Station on March 20 that year.

The tribunal is investigating suggestions that some members of the garda in Dundalk or other employees of the State colluded with the IRA in the killing of the RUC officers.

Last week Judge Smithwick said he would Mr Carty should be given another opportunity to appear before the tribunal at a date to be set later this month, but added he would take a "very, very strong view" if Mr Carty did not appear.