THE FORMER head of Garda intelligence yesterday refused to reveal to a court the source of the information that led to the arrest of former IRA leader Brendan “Bik” McFarlane over his alleged kidnapping of supermarket chief Don Tidey.
Assistant commissioner Dermot Jennings told the Special Criminal Court he had received confidential information in January 1998 that McFarlane was travelling on a bus from Dublin to Belfast.
Mr Jennings, who at the time was the officer in charge of the security and intelligence section at Garda headquarters, said he knew McFarlane was wanted in connection with the kidnapping of Mr Tidey and the murders of recruit garda Gary Sheehan and Army private Patrick Kelly in 1983.
“Over the years, since that awful incident, any member of the Garda Síochána working in the area of serious crime would have been aware of the special supplement which was circulated as a result of the Maze prison breakout and as a result of the terrorist situation in Ireland at that time,” he said.
“If there was any knowledge that Mr McFarlane was in the State, every effort would have been made to make contact with him. If I was the member of the Garda Síochána who came face to face with him, I would have arrested him,” he added.
He was giving evidence on the seventh day of the trial of Maze prison escapee McFarlane (56), a father of three, of Jamaica Street in Belfast, who was arrested outside Dundalk and charged in January 1998.
He has pleaded not guilty to falsely imprisoning Donald James Tidey on dates unknown between November 24th and December 16th, 1983. He also denies possession of a firearm with intent to endanger life at Derrada Wood, Drumcroman, Ballinamore, Co Leitrim, between November 25th and December 16th, 1983, and possession of a firearm for an unlawful purpose between the same dates.
Mr Jennings said he was not aware that McFarlane had visited Co Donegal on a number of occasions while on parole and was not aware that the then Northern Ireland secretary of state, Mo Mowlam, was due to sign his final parole papers at 3pm on the day he was arrested.
He told the court that on January 5th, 1998, he received information that McFarlane was on a bus from Dublin to Belfast and he was aware that McFarlane was a suspect for the kidnapping of Mr Tidey and the fatal shootings of Garda Sheehan and Pte Kelly.
He called Det Garda Jim Sheridan, who arrested McFarlane, at Dundalk Garda Station.
Cross-examined by McFarlane’s counsel, Hugh Hartnett SC, Mr Jennings said: “The source of the information was very confidential in nature.” He claimed privilege for the protection of the source.
Mr Jennings said the source was not a member of the Garda, and added that the information was not received through a phone call or by fax or letter, but through “an electronic source”.
“All sources of information or intelligence are not members of the Garda. There are many different sources,” he said.
“There are issues surrounding the whole area, be it electronic or human. There is always a human element. To give any indication would be very detrimental. That is what I would be concerned about,’’ he said.
“There were difficult times in 1998 and particular organisations were going through difficult times and, with respect to Mr McFarlane and in his favour, I think it would be unfair of me to give any indication as to what the actual source of this information was. I think taking it further is a step too far.’’ The trial resumes next Tuesday.