High-grade Garda intelligence that implicated a member of the force in a number of cross-Border murders was not referenced in a key Garda report into allegations of Garda/ IRA collusion, the Smithwick Tribunal has been told.
Counsel for the tribunal Mary Laverty SC said a report carried out by Chief Supt Sean Camon, assisted by then inspector Peter Kirwan, had made no reference to three key pieces of Garda intelligence that “on the face of it” implicated a member or members of the force in murders and intimidation of a witness.
Outlining a précis of the first Garda intelligence report Mr Lavery said it implicated a member or members of the force in the 1987 murder of Lord Justice Gibson and his wife. The second intelligence report implicated a member or members of the force in the murder of two RUC officers in 1989, she said.
The third piece of intelligence outlined by Ms Laverty alleged the Provisional IRA intimidated a witness in a case in which then Det Sgt Owen Corrigan of Dundalk Garda station was a defendant.
Ms Laverty asked former assistant Garda commissioner in charge of crime and security Dermot Jennings if the intelligence documents had been shown to supts Camon and Kirwan before their report concluded there was no evidence of Garda/IRA collusion.
Mr Jennings said he had provided every assistance required and full access to Garda intelligence documents to Mr Camon and Mr Kirwan for their review of intelligence in Garda possession in 2000. He said he would be “astounded” if the three reports were not seen by Mr Camon, in advance of the report. “I have no doubt that was examined by Sean Camon and his team at the time” he said.
However, Ms Laverty asked why the intelligence which she said was “high grade” and “coming to a person of rank” had not sparked an investigation to determine the veracity of the allegations.
While she accepted the first two documents did not name any garda implicated in murders, she said there “certainly wasn’t an investigation directly into it”.
She referred to the third intelligence document which suggested members of the provisional IRA had intimidated a witness and told Mr Jennings the case against Mr Corrigan had collapsed because the witness had refused to give evidence.
She also said the investigating garda in the case had told the tribunal he had not been made aware of the intelligence document that alleged the IRA had been involved. She asked Mr Jennings if he felt this piece of intelligence should have been conveyed to the officer investigating the case.
Mr Jennings said he accepted the allegations should have been conveyed to the investigating officer.
But Mr Jennings said in relation to the separate intelligence implicating unnamed gardaí in the murders of the RUC officers and the Gibsons, such intelligence would have to be rigorously tested.
Mr Jennings said he understood surveillance had been placed on the IRA partner in the alleged collusion but it had delivered no evidence.
Mr Jennings was also asked about a document he had signed that stated there “was no tangible evidence” of Garda/IRA collusion. Mr Jennings said he not personally examined the files but had facilitated the examination by Mr Camon. Pressed on the meaning of “tangible”, he said it would mean “evidential”.
