A former IRA man agreed in the High Court yesterday he would have had to return some £15,000 to the Sunday Times or face being sued had he not given evidence for the newspaper in a libel action taken against it by a Co Louth farmer.
Mr Eamon Collins agreed he had signed a four-page agreement with the Sunday Times dealing with the conditions under which he would give evidence in the action taken by Mr Thomas Murphy, who alleges he was libelled in a Sunday Times article which dealt with a reported 1985 IRA campaign to bomb British seaside towns.
He agreed that under the agreement, dated October 17th, 1997, he was to be paid up to £25,000, to involve payments of £15,000 before giving evidence and up to £10,000 afterwards.
It was his understanding the £10,000 would be paid only if he had to leave his home after giving evidence.
He agreed there was a condition that, should he unilaterally decide to retract his evidence, or did not give it, he would have to return all the monies provided, with interest, and, if not, the Sunday Times would sue.
He understood the £15,000 was to be used towards improving security at his home and he had spent the money on security measures.
Mr Collins was recalled to the witness box yesterday, the seventh day of the action taken by Mr Murphy, of Ballybinaby, Hackballscross, Co Louth, against Times Newspapers and a number of journalists over a Sunday Times article of June 30th, 1985.
Mr Eamon Leahy SC, for Mr Murphy, put it to Mr Collins he had invented a claim that there was a social event in a Dundalk pub in 1983 which was attended by Mr Murphy.
Mr Collins said there was such an event, some 50 people had attended, he had paid for the drink for it himself. He was a former intelligence officer, and could remember what people were wearing.
Mr Leahy put it to Mr Collins he was giving evidence on the strength of a financial arrangement which enriched him. Mr Collins said it was a small figure.
Mr Collins told Mr Kevin Feeney SC, for the Sunday Times, the pub where he said the social event had occurred had been an Official IRA pub but had passed to a Provo sympathiser. He said he was given that information by his IRA "Officer Commanding", Mr Len Hardy.
Mr Owen O'Callaghan said he had taken over the lease of a bar in Dundalk in 1982 and later bought it. Mr Leahy put to him evidence had been given of a social function for IRA activists in an upstairs room of the bar on the night of November 20th, 1983. Mr O'Callaghan said there never was such a function. ail.
and has no involvement with the IRA. Mr Eamon Laverty said he lived near Hackballscross and knew Mr Murphy "a lifetime", mainly through football. Mr Murphy was "a true gentleman". He had read bits of the Sunday Times article and it was "terrible" and embarrassing for Mr Murphy.
Mr Henry McIlroy, a farmer, said he knew Mr Murphy all his life and kept a distance from him after the article because he feared Mr Murphy might be assassinated. Mr Bernard Finnegan, a milkman, said he knew Mr Murphy for 30 years and regarded him as "a very decent chap".
Mr Gerard Colleran, Kerryman editor, said he had a phone conversation with IRA informer Sean O'Callaghan on November 29th, 1988, in which Mr O'Callaghan denied being an informer and admitted six murders. He said Mr O'Callaghan had identified his victims as RUC detective Peter Flanagan; UDR woman Eva Martin; Mr John Corcoran; two other RUC officers and a UDR man.
He agreed a report of his phone conversation with Mr O'Callaghan was published in 1996. It outlined that O'Callaghan had passed information to the Garda regarding several IRA activities.
Det Garda Martin Noone said he had arrested Tom Murphy on suspicion of IRA membership near Tallanstown, Co Louth, on February 13th, 1984. Mr Murphy and another man were sitting in Mr Murphy's car. The other man had given his name as O'Connell but he later learned he was Kieran Conway and that Mr Conway was connected to IRA activities. Another car was parked nearby and he was satisfied this was Mr Conway's.
He spoke to Mr Murphy because he had reason to believe he was involved in IRA activity. He asked Mr Murphy some questions and he refused to answer. Mr Murphy was questioned in the Garda barracks and refused to account for his movements at Tallanstown and gave no information about Mr Conway. He did not deny IRA membership.
He said a photograph was taken of Mr Murphy that day and it showed he had no beard. He never knew Mr Murphy to have a beard and would have seen him over a few years prior to 1984. He said Mr Murphy had the reputation among gardai of being a prominent member associated with Provisional IRA activities.
Mr Leahy handed a photograph to Det Garda Noone who agreed it featured Mr Murphy with a brown beard. The witness denied a suggestion that his opinion regarding Mr Murphy was wrong. He agreed Mr Murphy has not been arrested since 1989.
The hearing resumes today when evidence is expected to conclude.
