'Stakeknife' denied legal presence at Smithwick tribunal

Alleged British agent Freddie "Stakeknife" Scapaticci was yesterday refused legal representation at a judicial inquiry into the…

Alleged British agent Freddie "Stakeknife" Scapaticci was yesterday refused legal representation at a judicial inquiry into the murder of two RUC officers in 1989.

Michael Flanagan Solicitors, on behalf of Mr Scapaticci, had applied for legal representation at the Smithwick Tribunal on the basis of media reports that one or more individuals might make comments that may prejudice him at the hearings.

However, Judge Peter Smithwick said no such comments had been made to date and he, therefore, did not propose to allow him legal representation.

He did, however, say that the application could be resubmitted in the event of a change of circumstances.

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The tribunal is to examine the fatal shootings of RUC Chief Supt Harry Breen and Supt Robert Buchanan by the IRA on March 20th, 1989, at Jonesborough, south Armagh.

They were returning from an informal meeting with senior Garda officers in Dundalk, Co Louth.

June Breen, wife of Mr Breen, and William Buchanan and Heather Carrie, described as the sole survivors of Mr Buchanan, were granted legal representation and told they could have one solicitor and one counsel each, whose role would be limited to "a watching brief".

The Garda Commissioner was granted full legal counsel, as was former detective sergeant Owen Corrigan, who is facing allegations that he colluded with the murderers.

The judge also granted full representation to former agent Kevin Fulton, who alleged in a statement that the IRA was told of the whereabouts of the RUC men by a Garda officer.

His claims were carried in a report by retired Canadian judge Peter Cory to the Irish and British governments as possible evidence of collusion.

The judge said that in view of the report, and Mr Fulton's contacts with the tribunal, it was appropriate that he be represented.

The tribunal then went into private session to hear representation from unnamed persons to ensure their constitutional right to their good name would be protected.

The judge said legal costs would be dealt with at the conclusion of the tribunal, and added that the granting of representation did not guarantee costs would be paid by the State.

The public hearing is expected to begin next spring.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist