A P P E A R A N C E S

The Sole Member: His Honour Judge Peter Smithwick

For the Tribunal: Mrs. Mary Laverty, SC Mr. Justin Dillon, SC Mr. Dara Hayes, BL Mr. Fintan Valentine, BL

Instructed by: Jane McKevitt Solicitor

For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC Mr. Michael Durack, SC Mr. Gareth Baker, BL

Instructed by: Mary Cummins CSSO

For Owen Corrigan: Mr. Jim O'Callaghan, SC Mr. Darren Lehane, BL

Instructed by: Fintan Lawlor Lawlor Partners Solicitors

For Leo Colton: Mr. Paul Callan, SC Mr. Eamon Coffey, BL

Instructed by: Dermot Lavery Solicitors For Finbarr Hickey: Fionnuala O'Sullivan, BL

Instructed by: James MacGuill & Co.

For the Attorney General: Ms. Nuala Butler, SC Mr. Douglas Clarke, SC

Instructed by: CSSO

For : Eavanna Fitzgerald, BL Pauline O'Hare

Instructed by: Michael Flanigan Solicitor

For : Mr. Neil Rafferty, QC

Instructed by: John McAtamney Solicitor

For Breen Family: Mr. John McBurney

For Buchanan Family/ Heather Currie: Ernie Waterworth McCartan Turkington Breen Solicitors

For the PSNI: Mark Robinson, BL

NOTICE: A WORD INDEX IS PROVIDED AT THE BACK OF THIS TRANSCRIPT. THIS IS A USEFUL INDEXING SYSTEM, WHICH ALLOWS YOU TO QUICKLY SEE THE WORDS USED IN THE TRANSCRIPT, WHERE THEY OCCUR AND HOW OFTEN. EXAMPLE: - DOYLE [2] 30:28 45:17 THE WORD “DOYLE” OCCURS TWICE PAGE 30, LINE 28 PAGE 45, LINE 17 I N D E X

Witness Page No. Line No.

OWEN CORRIGAN

EXAMINED BY MR. O'CALLAGHAN 6 1

JIM LANE

EXAMINED BY MR. VALENTINE 75 1

CROSS-EXAMINED BY MR. ROBINSON 84 23

CROSS-EXAMINED BY MR. LEHANE 92 28

CROSS-EXAMINED BY MR. ROBINSON 95 20

RE-EXAMINED BY MR. VALENTINE 97 9 - 30 July 2012 - Day 118 1

1 THE TRIBUNAL RESUMED ON THE 30TH OF JULY, 2012, AS FOLLOWS:

2

3 CHAIRMAN: Good morning.

4

5 MR. DILLON: Chairman, we have two witnesses for you today,

6 this morning, it will be Mr. Owen Corrigan whose

7 examination will continue, I think Mr. O'Callaghan will

8 examine him this morning, and this afternoon we will have a

9 witness at 2:00, Mr. Jim Lane. And I think at the outset,

10 it might be helpful if, this morning, and I think Miss

11 McKevitt is attempting to elicit, if parties could indicate

12 their availability or, more accurately, their lack of

13 availability during the month of August, so that we can

14 determine when it will be possible to have sittings, if at

15 all, during the month of August. But I think we should --

16 hopefully we should be all right for this week, even though

17 this week goes into August. We will find out --

18 Ms. McKevitt is going around the room. We can deal with

19 that closer to one o'clock

20

21 CHAIRMAN: Mr. Durack, I was looking over my notes and I

22 wondered whether your cross-examination is going to include

23 any material relating to this witness's serious allegations

24 against senior members of the Garda Siochana in Dundalk, or

25 are you accepting his evidence on that? It's a matter for

26 you.

27

28 MR. DURACK: Sorry, I am not accepting his evidence in

29 relation to it, but at the moment I hadn't adverted to it,

30 I have to say. Perhaps I can come back to it.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 2

1

2 CHAIRMAN: All right. Yes.

3

4 MR. O'CALLAGHAN: Chairman, just before I start my

5 examination of Mr. Corrigan, you will recall circumstances

6 that last Tuesday I made my application in respect of the

7 SB50, and at the end of that application last Tuesday,

8 Mr. Robinson, on behalf of the PSNI, indicated that he

9 intended to call a witness, Mr. -- or Detective

10 Superintendent Roy McComb, who would give evidence in

11 respect of national security matters, and Mr. Robinson

12 indicated that that witness would be called the following

13 day, Wednesday. Now, I was informed prior to that, that

14 Mr. McComb wasn't going to deal with that evidence, that

15 someone else was going to deal with that evidence, but when

16 Mr. McComb was here on Wednesday I did ask him specifically

17 what problem did the PSNI have in disclosing the grading of

18 the SB50, and I was stopped by Mr. Dillon, and indeed by

19 Mr. Robinson, and I was informed you can't ask this witness

20 the question, he is not dealing with it. And I was told

21 that the PSNI would be calling another witness, namely

22 today, Monday, to deal with the matter. And now I am

23 informed this morning, and maybe Mr. Robinson wants to make

24 a submission in respect of this, but I am informed this

25 morning that, in fact, Mr. McComb is going to deal with

26 that matter but he is going to come back at a future date.

27 If that is the case, Chairman, I think it is very unfair to

28 Mr. Corrigan. We were told that Mr. McComb couldn't deal

29 with the matter. I asked him questions. I was stopped.

30 And now we are told he is. The effect of it all is that

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 3

1 Mr. Corrigan is going to be gone from the witness-box by

2 the time this evidence is given by the PSNI, whichever

3 witness it is, and he won't have an opportunity to comment

4 on the grading.

5

6 MR. DILLON: Maybe, on behalf of the Tribunal, if I might

7 reply. Clearly, Mr. Corrigan will not be put in a position

8 of being prejudiced by whatever the evidence on behalf of

9 the PSNI may disclose, if I can put it that way, if any

10 issue arises, and if, indeed, Mr. Corrigan has left the

11 witness-box finally by that time, then the Tribunal

12 certainly will afford him an opportunity to deal with the

13 matter. It's not the best timing, I accept that, but we

14 are in a difficult situation of holiday periods and we are

15 trying to accommodate as many people as possible and, at

16 the same time, to make as much progress as possible.

17

18 CHAIRMAN: Yes.

19

20 MR. DILLON: So, I think Mr. Corrigan can take it that he

21 will not be prejudiced if that should be the case, and I

22 don't know because I don't know what evidence is going to

23 be given by any evidence offered by the PSNI at a later

24 date. It's probably going to be the case that Mr. Corrigan

25 is going to be in the position, maybe, of having to come

26 back and, again, I put it very much in terms of maybe, to

27 deal with financial matters, but when we get that

28 disclosure, then we will know where we stand. I have made

29 it quite clear the disclosure may make it clear there is no

30 necessity to go into these matters, in which case that'll

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 4

1 be the situation.

2

3 CHAIRMAN: Yes. Mr. Robinson, do you have remarks you want

4 to make?

5

6 MR. ROBINSON: Yes, Mr. Chairman. First of all, I

7 apologise for any inconvenience to the parties. A decision

8 was taken that Roy McComb would be the witness to give the

9 evidence regarding the SB50. Unfortunately he is on leave

10 this week, and both myself and my instructing solicitor

11 have other engagements next week. And, certainly, arising

12 out of the evidence of last Wednesday, I believe there are

13 a number of queries raised with the PSNI regarding the

14 evidence. Efforts are being made to address those issues

15 and it's envisaged that those can be dealt with at the same

16 time as Mr. McComb's return. Again, that needs to be

17 finalised regarding timings, but there was certainly no

18 intention to unfairly prejudice any party.

19

20 CHAIRMAN: Thank you very much. Now, I want to say of

21 course that anything of that nature where the evidence from

22 the PSNI is postponed to any extent, Mr. O'Callaghan's

23 client, Mr. Corrigan, must not be prejudiced by it, and I

24 agree, that of course he may have to give further evidence

25 if he thinks that's necessary to deal with this additional

26 PSNI from the PSNI.

27

28 On a purely housekeeping point, may I say that it looks now

29 as if we are coming to the end of the present oral

30 evidence. Now, if anything further is needed, there may be

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 5

1 a change of venue, but parties will all be notified of that

2 have in due course in good time. Sorry, there was

3 something else you wanted to say, Mr. O'Callaghan?

4

5 MR. O'CALLAGHAN: Chairman, only the point that no

6 explanation has been provided to you, Sir, as to why I

7 couldn't question Mr. McComb last Wednesday on the national

8 security issues. It would have been much more efficient

9 from the Tribunal's point of view. The witness was here,

10 he could have dealt with it, but no explanation has been

11 given to you by the PSNI, I say, not Mr. Dillon, in

12 fairness to him, but no explanation has been given by the

13 PSNI as to why they wouldn't allow me question him and why

14 he didn't give that evidence last Wednesday.

15

16 CHAIRMAN: Well, as long as you are allowed to question him

17 when he does appear, that should deal with that point. I

18 think we can proceed now with...

19 20

21

22

23

24

25

26

27

28

29

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 6

1 OWEN CORRIGAN WAS EXAMINED BY MR. O'CALLAGHAN AS FOLLOWS:

2

3 1 Q. MR. O'CALLAGHAN: Mr. Corrigan, I think today is your 14th

4 day giving evidence. Are you aware of that?

5 A. Yes, Mr. Chairman.

6 2 Q. I have a book, Chairman, for you and for Mr. Dillon, and

7 indeed for Mr. Mills. Mr. Corrigan, I think you have had a

8 chance to see this book already. I showed you -- or your

9 solicitor gave you this book over the weekend?

10 A. That's right.

11 3 Q. And you left your copy, I think, at home, is that right?

12 A. That's right, yes.

13 4 Q. You are going to have to do without a copy but you see the

14 screen behind you, if anything is put up on that you can

15 have a look at it up there.

16

17 MR. DILLON: I can offer my copy if I can get it back.

18 (Book handed to the witness.)

19

20 5 Q. MR. O'CALLAGHAN: Just at the outset, Mr. Corrigan, you

21 have been asked questions here about events that have taken

22 place between 20 and 30 years ago. What is your memory

23 like at present?

24 A. Very sporadic.

25 6 Q. And --

26 A. And accurate in some matters and totally unclear in other

27 matters.

28 7 Q. Would you agree with me, though, irrespective of your age

29 and your medical condition, that anyone who is asked to

30 recount events which took place between 20 and 30 years ago

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 7

1 is going to have difficulty recounting those events?

2 A. Absolutely, yes.

3 8 Q. It was mentioned to you last week by counsel for Mr. Keeley

4 that individuals remember where they were at big events,

5 and he cited the assassination of the former American

6 president, Mr. Kennedy, do you recall that?

7 A. Yes.

8 9 Q. Obviously you recall where you were when you heard when

9 these men were murdered, is that correct?

10 A. I was, and I did recall it, Mr. Chairman.

11 10 Q. But, of course, the questions you have been asked aren't

12 about where you were when you found out the men were being

13 murdered, but you were being asked to recall what you were

14 doing four or five hours beforehand, isn't that so?

15 A. That's correct, Mr. Chairman.

16 11 Q. And in fairness to you, and you have been asked repeatedly,

17 you don't recall what you were doing on the 20th March 1989

18 prior to hearing of the murder of these two men, isn't that

19 so?

20 A. I don't, because there was nothing in particular that I

21 could refer to. Like, it was a very quiet day by Dundalk

22 standards and there was nothing specific happened that

23 would have reminded me of what went on on that day in

24 question, apart from the unfortunate murder of these two

25 men.

26 12 Q. And although these were heinous murders of the two men,

27 those type of events were not uncommon in ,

28 and indeed in the border area in the '70s, '80s and early

29 part of the '90s, isn't that correct?

30 A. Absolutely not. I wouldn't say they were a daily

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 8

1 occurrence but certainly they were every few weeks you had

2 bodies lying along the border, Mr. Chairman.

3 13 Q. I want -- sorry -- continue.

4 A. And you had all type of atrocities committed by both sides;

5 it was a tit-for-tat situation, and bodies would be found

6 murdered by the groups that were roaming around and then

7 the IRA would come along and retaliate. And it was

8 extremely -- like, nobody here would appreciate the

9 situation that it was in the '70s; it was absolutely

10 horrific. And every day it brought its own tale of carnage

11 and you would think one day would be a shocking event and

12 it would be overshadowed by a worse horrific event the

13 following week. Like, you'd wonder at what level, how much

14 worse could it get, and that is the way we lived from time

15 to time, and it was -- there was no question of time, and

16 especially at weekends, like, there was no question of

17 having proper meal times or anything because you went home

18 for a bit of a break at lunchtime or a Saturday especially,

19 and the next thing there would be a bomb out on the border

20 and you had to go and go out there with the patrols or

21 whoever was there, it wouldn't necessarily be me, but my

22 men would have to go out there and stay there and stay

23 there and no meal or no nothing, such was the exigency of

24 the service, you had to be there, and there was no

25 provision made for any catering arrangements or anything.

26 14 Q. OK, Mr. Corrigan, I want to start by asking you questions

27 about, I suppose, the core of your evidence to this

28 Tribunal, which is that you believe that the allegation

29 against the Garda Siochana in general, and you in

30 particular, is effectively a conspiracy to deflect

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 9

1 attention from collusion in Northern Ireland?

2 A. Oh, I have no doubt, and I said that the first day,

3 Mr. Chairman.

4 15 Q. Yes. Now, I want to take you back to the 20th of March

5 1989, and the immediate aftermath of that. Are you aware

6 that there were some newspaper reports about there being,

7 perhaps, a mole in the Gardaí leading to the murder of two

8 men at that time in March 1989?

9 A. Yeah, there would have been, yes, sporadic reporting.

10 16 Q. And --

11 A. Funny enough, it didn't, it didn't feature with all the

12 local papers. It was more or less the tabloids, the

13 papers, because the papers in Dundalk were responsible

14 journalists and they didn't take up that story at all. It

15 was more or less the daily papers of the tabloid variety.

16 17 Q. Now, there is a document, Mr. Corrigan, that I am not going

17 to ask anyone to look at but I am just going to refer to it

18 so that the Chairman and the Tribunal are aware of it.

19 It's a document called HMG 203, and in that it details

20 approximately 253 media paper reports from around the time

21 of the murders of the two officers. Do you follow what I

22 am saying to you?

23 A. Yes.

24 18 Q. And having gone through it, the headlines in those stories,

25 and of course they may be within the body of the story

26 something different, but it's only in 14 of those stories

27 that there is a reference to the possibility of there being

28 a mole in the Gardaí?

29 A. Yes.

30 19 Q. So would you agree with me that at the time of the murders

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 10

1 in 1989, although it was mentioned in the media, there

2 wasn't really any serious consideration or thought given to

3 the prospect of there being a mole in the garda station?

4 A. Not really, no. It wasn't in general circulation. It may

5 have been for a time and then it would fade away and it

6 mentioned over another period of time, but it wasn't an

7 ongoing coverage that it got.

8 20 Q. But at the time of the murders, although there was some

9 newspaper reports about it, generally that was not a

10 suggestion that was given serious consideration?

11 A. No, because it was any allegations in that respect were

12 made by northern politicians, such as Mr. Paisley and

13 others like that, you know, which was part and parcel of

14 life. They were issuing -- any time there was an outrage

15 in Northern Ireland, Mr. Paisley was first up to blame

16 garda collusion.

17 21 Q. Now, are you aware that on the day after the murders, there

18 was a report in The Irish Times quoting an RUC spokesperson

19 who denied that there was any suggestion of a mole in the

20 garda station? Are you aware of that, yes or no?

21 A. Well, I don't know.

22 22 Q. OK.

23 A. The only one that denied it was the Chief Constable.

24 23 Q. OK. This is what was quoted in the report in The Irish

25 Times on the day after the murders, the last two paragraphs

26 of The Irish Times, and it stated: "As speculation grew

27 that the IRA must have had inside information to plan the

28 attack on two the men, the RUC in issued a

29 categoric denial that this was the case. A spokesman said

30 'even the Gardaí didn't know what way they would be going.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 11

1 There were no bombs, so it wasn't prepared beforehand. The

2 IRA must have been using their radios and they set the

3 attack up after seeing the men drive into Dundalk police

4 station'."

5

6 Do you recall that that was the attitude of the RUC at the

7 time?

8 A. I can't, really, no. As I said, the only quote that I

9 remember was the Chief Constable denied that there was any

10 collusion that evening or the following day, now, I am not

11 quite sure.

12 24 Q. OK. Now, there were suggestions, as I said to you, of a

13 mole in the newspaper, around the 20th, 21st, 22nd, 23rd of

14 March 1989. Between March 1989 and the publication of

15 Bandit Country in October 1999, do you recall any other

16 prominent suggestions that there was collusion in respect

17 of the murders of Chief Superintendent Breen and

18 Superintendent Buchanan?

19 A. No, there was none.

20 25 Q. Would you agree with me that during that ten-and-a-half

21 year period, effectively no suggestions were made that this

22 was being -- this had occurred as a result of garda

23 collusion, as far as you are aware, Mr. Corrigan?

24 A. That's right, yes.

25 26 Q. And then that changed with the publication of Bandit

26 Country, isn't that correct?

27 A. Absolutely.

28 27 Q. Did you read Bandit Country?

29 A. I did, yes.

30 28 Q. Could I ask you to have a look, and indeed, Chairman, if

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 12

1 you could have a look as well at the first tab in the book

2 that I have handed up, and there is references from Bandit

3 Country in that. If Mr. Mills wishes to put it up, he can.

4 But in the third page in, which is entitled at the top

5 right-hand corner: "We got 18 and Mountbatten" do you see

6 that? The third page in; the first line is: "Breen was

7 travelling to Dundalk that day." It's up on the screen

8 there if you have any difficulty. I just want to read out

9 three sections from Bandit Country that form, effectively,

10 the genesis of this inquiry.

11

12 "'Breen was travelling to Dundalk that day', said an RUC

13 sergeant who was one of the last to see Breen alive. Breen

14 was uneasy about the meeting and had confided to the

15 sergeant that he was concerned about one garda officer,

16 identified here as 'Garda X', whom RUC Special Branch

17 believed might be working for the IRA."

18

19 Now, are you aware, Mr. Corrigan, that Alan Mains, a former

20 sergeant in the RUC, believes that he is the person that

21 gave that information to Toby Harnden?

22 A. Yes.

23 29 Q. So that is the first piece of the book I wish to refer you

24 to. If you turn over the page and at the bottom of the

25 next page, the last three lines, we get the beginning of

26 the crucial allegation by Mr. Harnden, where he says at the

27 bottom of that page: "There was also technical information

28 which confirmed that the IRA had been contacted by someone

29 within Dundalk Station. RUC Special Branch then received

30 intelligence that a garda officer had telephoned an IRA

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 13

1 member to tip him off. This sequence of events was

2 confirmed by Detective Inspector L, a former member of

3 Garda Special Branch, who said 'I'm afraid the leak came

4 from a guard. Bob Buchanan was a lovely, lovely man and

5 those murders were an absolute tragedy. The fact that one

6 of my colleagues was involved made the whole thing ten

7 times worse'."

8

9 Now, are you aware, Mr. Corrigan, that the RUC have

10 confirmed that contrary to what Mr. Harnden says, there is

11 no technical information confirming that the IRA had been

12 contacted by someone within Dundalk?

13 A. I am, yes.

14 30 Q. Yes. And are you aware that when Mr. Harnden says "RUC

15 Special Branch then received intelligence that a garda

16 officer had telephoned an IRA member to tip him off" that

17 the RUC have no intelligence to that effect?

18 A. I am, yes.

19 31 Q. OK. And the quote there which is from a Detective

20 Inspector L, are you aware that retired Detective Inspector

21 Prenty has informed, and given evidence to the Chairman

22 that he did speak to Mr. Harnden, but he has categorically

23 denied that he said anything such as that to him?

24 A. I am, yes.

25 32 Q. And we know that Detective Superintendent Prenty is the

26 only -- or Detective Inspector Prenty is the only Garda

27 Detective Inspector who spoke to Mr. Harnden, so that is a

28 reference to him?

29 A. That's right, yes.

30 33 Q. Yes. Now, then, if I could just ask you to look down at

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 14

1 the end of the big paragraph in the middle of that page

2 that we have just looked at and Mr. Harnden continues,

3 about six lines from the bottom he says: "An RUC Special

4 Branch officer who was able to name the garda officer who

5 had told the IRA about the meeting said 'Hermon stamped on

6 that story but it was blatantly true. [Garda X] was a

7 well-known republican sympathiser. The question is: what

8 else did he tell the IRA?' Garda X was later involved in

9 laundering money for the IRA but fell out of favour after

10 being accused of creaming off part of the profits."

11

12 Now, that book came out in around October 1999,

13 Mr. Corrigan. Can you recall, did you read it at the time

14 or did anyone say to you I think you are the person being

15 identified in this book?

16 A. No, it was general talk, yeah, there was reference made to

17 me --

18 34 Q. OK.

19 A. -- about it, you know, and I mean, from a very -- while the

20 situation is things were dormant, it became the whole

21 discussion amongst members of the public, you know, in the

22 border area.

23 35 Q. And, of course, would you agree with me that what is stated

24 in this book is very serious and very astonishing

25 information?

26 A. Absolutely.

27 36 Q. It suggests that a member of An Garda Siochana colluded in

28 the murder of the two most senior RUC officers during the

29 Troubles, isn't that correct?

30 A. That's right.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 15

1 37 Q. And this is really the first time since the murders that

2 this theory has been advanced in a serious way, isn't that

3 correct?

4 A. That's correct, yes.

5 38 Q. OK. Now, then, there was a second edition of Mr. Harnden's

6 book the following year, in 2000, are you aware of that?

7 A. Yes.

8 39 Q. And if you just go forward two pages, you will see that he

9 adds to the allegations against Garda X and he brings in a

10 Garda Y in that book, and at page 460, after the quote on

11 that page, you will see he says the following: "For the

12 families of Chief Superintendent Harry Breen and

13 Superintendent Bob Buchanan the anguish of their loved

14 ones' deaths was exacerbated by the revelation that they

15 had been betrayed by Garda X. Although Sir Ronnie

16 Flanagan, the RUC Chief Constable, mounted an internal

17 inquiry into the June '89 killings at the request of the

18 families, there was little hope of a prosecution ever being

19 brought. It also emerged that a second Irish police

20 officer, Garda Y, had been working for the IRA in the

21 border area during 1985 and 1991. According to both RUC

22 and Garda sources, Garda X and Garda Y were responsible for

23 the deaths of at least 12 people, among them were Constable

24 Tracy Doak and her three colleagues, Lord Chief Justice and

25 Lady Gibson, and the Hanna family were blown up at Killeen

26 during cross-border transfers between the Gardaí and the

27 RUC. Tom Oliver, a farmer from the Cooley Peninsula, was

28 passing information about the IRA safe houses and weapons

29 dumps to the Gardaí was betrayed by Garda Y." Now that's,

30 of course, not you; you know you are apparently the person

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 16

1 being referred to as Garda X?

2 A. That's right, yes.

3 40 Q. Garda Y is someone else. "... abducted and shot dead by

4 the IRA. Sometime later RUC Special Branch told

5 about Garda Y's role and he was quietly moved to a station

6 where he would not be dealing with sensitive information.

7 He subsequently retired to draw his garda pension and

8 worked for an IRA member in north Louth."

9

10 So we have a situation where nothing happens for

11 ten-and-a-half years and then Toby Harnden publishes a book

12 which contains astonishing information suggesting Garda

13 collusion.

14 A. That's correct, yes.

15 41 Q. Are you aware of where Mr. Harnden got his information

16 from?

17 A. Well, for a start, the RUC gave him full access to a lot of

18 information, and that's contained in the documentation of

19 that file which I read over the weekend, you know.

20 42 Q. And in fairness to you, you have never seen this

21 documentation before, isn't that correct?

22 A. No, no.

23 43 Q. And in fact, your legal advisors were only provided with

24 this documentation during the past two weeks, you are aware

25 of that?

26 A. That's right. And the emphasis is placed on it, it's said

27 that he should be invited and encouraged. So, in other

28 words, to use for propaganda purposes to do damage to the

29 IRA. Well, I can add to do damage to the IRA and Owen

30 Corrigan, as far as I am concerned.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 17

1 44 Q. OK. What I want to do now is look at the next document,

2 which is a HMG 92, and it's a document, the numbering is at

3 the top right-hand corner, Mr. Corrigan, I have numbered it

4 number 1, it's a letter from the Daily Telegraph --

5

6 CHAIRMAN: Where is this?

7

8 MR. O'CALLAGHAN: It's the next document, Chairman, after

9 the second edition of Bandit Country. It's not in tab 2,

10 it's in tab 1, Chairman, but it comes after Bandit Country.

11 You have Bandit Country and then you have the second

12 edition of Bandit Country, and then you have a letter from

13 the Daily Telegraph dated 10th of February 1998, sir, and

14 it's entitled "HMG 92" and I want to open this document,

15 Mr. Corrigan, because it hasn't been opened before and I

16 want to ask you questions about it.

17

18 It's a letter from Toby Harnden of the Daily Telegraph to

19 the Head of Information at the RUC, and it's dated the 10th

20 of February 1998. And it says:

21 "Dear X,

22 As I mentioned some time ago, I am currently working on a

23 book about the IRA in south Armagh during and

24 would be extremely grateful for any assistance the RUC

25 might be able to give me. Although much of the book would

26 be historical in nature, some of it will attempt to deal

27 with ongoing terrorist activity, and I appreciate that

28 there will be both constraints on what you can reveal and

29 what I can write. You can rest assured, however, that any

30 information given to me by the RUC would be treated

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 18

1 responsibly. A manuscript of the book will be passed to

2 the D Notice Committee at the Ministry of Defence before

3 publication and I understand it will then be passed to you

4 for comment, so any inadvertent breaches of security could

5 be sorted out then. The army might be better placed to

6 help me with some of this but they have asked me to respect

7 police primacy and direct requests through you.

8

9 Anyway the following is a list of ideas which we could

10 perhaps discuss:

11

12 "a. An interview with Detective Superintendent X, head of

13 Special Branch in southern region. Obviously this would be

14 off the record and could be very much a case of my bouncing

15 ideas off him and discussing broader trends and issues.

16 This could be very valuable to me in that it would give me

17 an up-to-date feel for how SB view south Armagh PIRA.

18

19 "b. An interview with the Chief Constable preferably on

20 the record, although of course I would leave this to his

21 discretion drawing particularly on his experience as head

22 of Special Branch. In addition, if there were any retired

23 Special Branch or CID officers in whose direction I could

24 be pointed, then that would be immensely useful.

25

26 "c. Help with statistics e.g. analysis of number of

27 bombings and shootings. security force casualties,

28 civilian casualties et cetera. It could be particularly

29 useful if these could be represented on maps of County

30 Armagh.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 19

1

2 "d. Help with information and diagrams on PIRA weapons and

3 bombs. I understand the RUC has a weapons and explosives

4 research centre at Carrickfergus, if possible access to

5 photographs of incidents would be very welcome.

6

7 "d. [sic] access to historical files on certain incidents,

8 perhaps in the same way, for example, as Martin Dillon had

9 access to police files for his Shankill Butchers book.

10 Obviously I have gathered information from newspaper

11 cuttings, et cetera, but there may well be that there is

12 additional information which could be released now without

13 compromising security or legal proceedings. If necessary,

14 of course, I need not reveal the source of any information

15 taken from police files.

16

17 Among the particular incidents I am interested in are:

18 murder of Constables Donaldson and Millar; murder of

19 Private Ian Armstrong near Crossmaglen; shooting of Michael

20 McVerry (IRA member) at Keady; murder of four soldiers by

21 milk churn bomb near Forkhill; Tullyvallen Orange Hall

22 massacre; murder of three in Donnelly's Bar, Silverbridge

23 by Loyalists; Kingsmills Massacre; shooting of Seamus

24 Harvey near Crossmaglen; murder of Captain Nairac; murder

25 of Patrick McEntee; Narrow Water massacre; murder of

26 Anthony Shields near Crossmaglen; mortar bombing of

27 RUC base; murder of four RUC officers by Killeen trailor;

28 murder of Lord Chief Justice and Lady Gibson; deaths of

29 Brendan Burns and Brendan Moley; murder of Chief

30 Superintendent Harry Breen and Superintendent Bob Buchanan,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 20

1 March '89; murder of Constable Louis Robinson; murder of

2 Private Kenneth Newell; 'Sniper' murders.

3

4 "e. While of course I have my own contacts and sources of

5 information, I would welcome any suggestions from former or

6 serving RUC officers with particular experience of south

7 Armagh or who were involved in any of the above incidents

8 who might talk to then.

9

10 "I hope to have the first draft of the book written by the

11 end of August. While there is sometime to play with, I am

12 keen to crack on with as much as this as possible while

13 things remain relatively quiet. I am aware that the above

14 is asking a lot but I hope it will at least provide a basis

15 for discussing what may or may not be possible.

16

17 "Yours sincerely,

18 Toby Harnden

19

20 "P.S. I forgot to mention another key subject -

21 racketeering."

22 And the rest of it is not possible to see.

23

24 Would you agree with me, Mr. Corrigan, on the 10th February

25 1998, Toby Harnden contacted the RUC looking for

26 information about, amongst other things, the murders of

27 Chief Superintendent Breen and Superintendent Buchanan?

28 A. That's right, yes.

29 45 Q. If you go to page, the next page, the pagination is on the

30 top right-hand corner, page 3, you will see that this was

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 21

1 subject to an internal RUC document dated 19th of May 1998,

2 that is at the bottom of the page. And you will see the

3 subject is "Attorney Request" and this is referred to as

4 "HMG 93", it's addressed to the Assistant Chief Constable

5 Crime, and it's from the Chief Information Officer, who I

6 believe is the person in the press office of the RUC. And

7 it says:

8 "Frankly, I had hoped that this project wouldn't go ahead

9 in view of the considerable amount of information he is

10 requesting, but Toby now has a firm commission and is

11 anxious to start work as quickly as possible.

12

13 "Obviously, much of the material is crime orientated and do

14 I believe the difficulties with some of the older files.

15 Toby is a responsible journalist (if that isn't a

16 contradiction in terms) and if such access is possible, he

17 would be a prime candidate.

18

19 "Personally, I would be keen to help him as I am confident

20 the resulting book would be a powerful indictment of the

21 IRA. Could you suggest a means of assisting him, perhaps

22 through an initial meeting to determine what is practical?

23

24 "I have raised the SB angle with Assistant Chief Constable

25 E."

26

27 So would you agree with me, Mr. Corrigan, that as of May

28 1998, certainly the press office of the RUC are anxious to

29 facilitate Mr. Harnden in providing him with information?

30 A. That's right, that is what I said to you earlier.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 22

1 46 Q. OK. So we know then, that in October 1999, Mr. Harnden's

2 book is published, you are aware of that?

3 A. That's right, yes.

4 47 Q. And at page 4, the next document, there is another document

5 "HMG 94" which is an internal Royal Ulster Constabulary

6 document from the Detective Chief Inspector of 'H' Division

7 and it's to another Detective Chief Superintendent, and

8 this is dated 29th of November 1999, and obviously this is

9 written after the book is published, you are aware of that?

10 A. Yes.

11 48 Q. OK. And the Detective Chief Inspector states the

12 following: "I refer to the attached papers concerning the

13 publication of photographs and the general content of the

14 book 'Bandit Country: The IRA and South Armagh' by Toby

15 Harnden. May I firstly say that the ACC's direction

16 concerning verification of exactly what material was made

17 public by way of closure/court proceedings is ongoing.

18

19 "I have perused this book in book and can say that I am

20 astounded at the detail contained therein. There are

21 perhaps hundreds of matters which could be the subject of

22 police investigations and further inquiry. I am however

23 aware that the author received many 'off record' briefings

24 by senior police, including SB/CID and press office, and

25 was also in receipt of same by various military units and

26 agencies. Therefore much of the detail will have been

27 sanctioned and provided with due authority.

28

29 "The main issues which I believe should be investigated

30 expeditiously are:

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 23

1

2 1. The publication and source to the author of the

3 photographs as mentioned by ACC Crime in his report of 8

4 November '99 and

5

6 2. The information concerning the murder on 20 March 1989

7 of Chief Superintendent Breen and Superintendent Buchanan

8 (extract attached with salient points highlighted).

9

10 "From an investigative standpoint, I believe it would be

11 prudent to firstly interview Toby Harnden to ascertain what

12 information he is willing to furnish on these matters. In

13 the case of the photographs, should he tell us (on or off

14 record) of his source of supply, this will negate a

15 lengthy, time consuming and costly paper chase. Moreover,

16 in the case of the information in respect to the murders of

17 Chief Superintendent Breen and Superintendent Buchanan, we

18 may be able to ascertain the authenticity and grade of the

19 information referred to and importantly from where same

20 emanated.

21

22 "I fully appreciate that it may well be the case that

23 Harnden will claim journalistic privilege. However that

24 factor alone should not impinge on us pursuing this

25 important line of inquiry. Furthermore, should it later be

26 deemed necessary to seek the recovery of Harnden's records

27 or notes through the courts, that fact that this

28 information was primarily sought from him can be

29 substantiated. It's interesting to note that I understand

30 Harnden faced possible action by the Saville Inquiry for

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 24

1 destroying notes made by him in respect of soldiers

2 interviewed and whose identity he refuses to reveal to the

3 inquiry.

4

5 "I have made contact with Harnden by telephone in New York.

6 He has no intention of returning to Northern Ireland and

7 will require to do so by the Saville Inquiry which he

8 believes was sometime in early 2000. I explained to him

9 the nature of my initial inquiries, photographs,

10 information re the murders and he has indicated he is

11 willing to be interviewed when he returns to Northern

12 Ireland or alternatively in New York. However, during this

13 telephone conversation he made reference to 'protecting his

14 source of information'.

15

16 "The family of our murdered colleague Chief Superintendent

17 Breen, have been in contact with Detective Chief Inspector

18 [blank] and I have made arrangements to see them. The

19 family of our murdered colleague Superintendent Buchanan

20 have been in contact with Superintendent [blank]. Both

21 families have been informed that the matters raised by

22 Harnden will be the subject of investigation.

23

24 "I forward this report for your information and direction,

25 please."

26

27 Now, it's apparent would from that, would you agree, Mr.

28 Corrigan, that Mr. Harnden received briefings from senior

29 RUC men, Special Branch men, and the press office, and the

30 various military units and agencies?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 25

1 A. Absolutely, yeah.

2 49 Q. Yes. And can you appreciate why the families of the late

3 Chief Superintendent Breen and Superintendent Buchanan

4 would be so concerned when they saw the content of his

5 book?

6 A. Absolutely, yes.

7 50 Q. Yes. It was a natural reaction for any family?

8 A. Certainly.

9 51 Q. Now, the next page, page 6, and these are in chronological

10 order, is another RUC internal document from the Regional

11 Head of CID, and it's dated 30th of November 1999, and it's

12 concerns Bandit Country and it's addressed to the Assistant

13 Chief Constable Crime: It says:

14 "Please see attached report of Detective Chief Inspector X,

15 dated 28th November 1999." We don't appear to have that

16 that.

17

18 "It is blatantly obvious that the material contained within

19 the publication emanated from official sources. If I

20 remember correctly, I was advised that Toby Harnden had the

21 blessing of Headquarters and should be briefed by CID on

22 specific investigations. This being the case, it is also

23 reasonable to assume that he was briefed by both Special

24 Branch and military. Indeed the material content including

25 photographs could only be sourced via the security network.

26

27 "It therefore seems to me futile to pursue an investigation

28 as suggested in your minutes dated 8 November '99. However

29 I suggest that we continue to investigate the

30 Breen/Buchanan disclosure and advise the family

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 26

1 accordingly.

2

3 "You may also feel that in interview with the author would

4 be prudent and rather have him interviewed in America, we

5 await his return to this jurisdiction."

6 Would you agree with me, Mr. Corrigan, that what the

7 Regional Head of CID is stating there is that listen, there

8 is no point in trying to find out from Toby Harnden where

9 he got the information because he clearly got it with the

10 blessing of RUC Headquarters?

11 A. Absolutely.

12 52 Q. And he got it from briefings from Special Branch and the

13 military?

14 A. Yes.

15 53 Q. What they do recognise is that however something should be

16 done about Breen and Buchanan families' complaints, isn't

17 that so?

18 A. Yes.

19 54 Q. Are you OK? Mr. Corrigan, are you OK?

20 A. OK.

21 55 Q. If you turn to the next page, you will see another RUC

22 document. This is dated the 26th of January 2000. And,

23 again, it's concerning Bandit Country, it's from the

24 Detective Chief Inspector in 'H' Division and addressed to

25 the Chief Superintendent, and he says the following:

26 "I refer to the attached papers and wish to report the

27 current position in respect of this matter. I have

28 established that 39 official prints were made of the

29 suspects who were photographed in police custody.

30 Considering the extensive distribution lists of these

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 27

1 prints and the high number of police officers having

2 abscess to same, coupled with the points I made in the

3 second paragraph of my report dated 29 November, I have

4 feel that it may be prudent not to immediately further this

5 aspect of the inquiry. Have spoken again by telephone to

6 the author of the publication, Mr. Toby Harnden. He has

7 received no direction to date to attend the Bloody Sunday

8 Inquiry and now anticipates that he will not be required in

9 March or a April.

10

11 "Obviously we have a pressing duty to speak with Harnden in

12 connection with the murder inquiry relating to Chief

13 Superintendent Breen and Superintend Buchanan. Moreover, I

14 have indicated that I will update the Breen family (Please

15 see copy letter attached.) I still harbour fears that

16 Harnden will claim journalistic privilege and frustrate our

17 inquiries. However, considering the seriousness of this

18 matter and also our obligation to the next of kin, I see no

19 viable alternative other than to be seen to progress this

20 matter expeditiously. If Harnden were to reciprocate with

21 off record briefings, such as he was provided with, and an

22 open line of trust and communication is established, it

23 will would greatly assist in furthering not only these

24 issues but also others that will no doubt arise. I

25 therefore suggest that arrangements are made to interview

26 Harnden in connection with the relevant matters."

27

28 And at that stage, from the RUC's point of view,

29 Mr. Corrigan, the only relevant matters are the murders of

30 Breen and Buchanan, isn't that right?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 28

1 A. That's right, yes.

2 56 Q. Now, if you turn over the page to page 8, there is another

3 internal RUC document dated 27th of March 2000, it's from

4 Detective Chief Inspector and it's to the Regional Command

5 CID in Gough Barracks, and it says: "As you are aware, I am

6 currently investigating matters arising from the

7 publication written by Toby Harnden entitled 'Bandit

8 Country: The IRA and south Armagh'. Queries in respect of

9 this book have been raised by the family of Chief

10 Superintendent Breen and I have obviously submitted reports

11 in respect of these issues.

12

13 I have today, 23rd March 2000, received a copy of an

14 article which was published in The Irish Times on 10 March

15 2000 (see attached). This article was forwarded to me by X

16 who questioned what action has/would be taken in regard to

17 the information contained therein.

18

19 "I have spoken to the journalist" -- who we know is

20 Mr. Myers -- "concerning the content of his report. He has

21 indicated that he would be willing to speak to me in

22 connection with same. However I acutely aware of the

23 sensitivity of this issue, particularly with the recent

24 call by Unionist politicians for a public inquiry into

25 these allegations, and I therefore now forward a copy of

26 the article in question for your information in order that

27 appropriate action can be discussed and directed."

28

29 So now into the mix, Mr. Corrigan, we have Mr. Myers'

30 article, isn't that correct?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 29

1 A. That's correct.

2 57 Q. And you are aware that Mr. Myers' article, to a large

3 extent, replicates the allegations in both editions of Toby

4 Harnden's book, isn't that so?

5 A. That's right, yes.

6 58 Q. Now the next document, numbered 9, is dated 31st of March

7 2000. It's from the Regional Head of CID in the RUC in the

8 south region and it's addressed to the Head of Branch CI

9 Knacknagoney. And it's in respect of the murder of Chief

10 Superintendent Breen and Superintendent Buchanan. And the

11 author says:

12 "I refer to the attached report and the papers forwarded

13 previously in respect of the publication entitled 'Bandit

14 Country' written by Toby Harnden.

15

16 "I wish to deal firstly with the attached article

17 attributed to Kevin Myers published in the Irish Times on

18 10 March 2000. It's appropriate that an interview in

19 connection with the matters raised is effected at an early

20 opportunity. Mr. Myers has indicated to Detective Chief

21 Inspector X that he is willing to be spoken to and if there

22 are no associated contentious issues, I would propose that

23 this is actively pursued. The Detective Chief

24 Superintendent Inspector hopes to conduct this interview in

25 Northern Ireland which obviously would be desirable

26 considering the matters involved.

27

28 "As you are aware this issue is directly related to the

29 reports previously forwarded.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 30

1 "As Detective Chief Inspector X has outlined in his report,

2 he received the newspaper cutting in question from the

3 Breen family. The family have questioned what is being

4 done about the information (concerning Chief Superintendent

5 Breen's murder) contained in Harnden's book and what

6 has/will be done with regard to the revelations of Kevin

7 Myers. Indeed they have posed searching questions over a

8 period of months about the present direct comparisons as to

9 the cost and resourcing of the Finucane and Nelson

10 inquiries. To emphasise these points they have quoted the

11 Secretary of State in respect of his public comments as to

12 expenditure incurred on those investigations.

13

14 "Considering the numerous representations to police by the

15 Breen and Buchanan families, I now feel it's incumbent upon

16 us to speedily address such and to do so by conducting

17 interviews with Myers and Harnden forthwith. Moreover, I

18 am acutely aware of the dangers of interviewing journalists

19 alone, the pitfalls that exist are patently evident and

20 consequently leave me in no doubt that two officers should

21 conduct the questioning. Furthermore, I take due

22 cognisance of the sensitive factors involved in these lines

23 of inquiry, and coupled with the onus we have to next of

24 kin, I believe it is fitting that I take a personal and

25 active role in the project of these investigations and

26 accordingly propose to accompany Detective Chief Inspector

27 X. The factors involved leave me in no doubt that this is

28 the prudent manner of furthering these inquiries."

29

30 So they decide that they wanted to pursue Mr. Harnden

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 31

1 further to find out about the Breen/Buchanan allegations?

2 A. Yes.

3 59 Q. Because the families are justifiably contacting the RUC and

4 saying "what are you doing about this?"

5 A. That's right, yes.

6 60 Q. The next document, document 11, is a document entitled "HMG

7 26" and it's dated the 25th of September 2000. It's

8 entitled "Secret" the subject is: "Allegations of Garda

9 PIRA collusion" and what we note from the top of the page,

10 fax cover line, is that it appears to have been faxed on

11 the 3rd of July 2003 at 3:17 p.m. to the Canadian High

12 Commission in from where, of course, Judge Cory was

13 conducting his inquiry. But it says as follows: The

14 identity of the author is not revealed but it's addressed

15 to Assistant Chief Constable C Department.

16 "In reply to your minute of 14 August 2000, a search of

17 Special Branch records has revealed the following:

18

19 1. In relation to points 6 and 8, there is no intelligence

20 held to substantiate the claims made by the author in his

21 book.

22

23 2. In relation to point 6, one piece of intelligence

24 exists relating to the murders of Chief Superintendent

25 Breen and Superintendent Buchanan on 20 march '89 which

26 would support the statement made. This intelligence was

27 ungraded, which states 'an unknown female who works in

28 Dundalk Garda Station made a phone call to an unknown

29 member of PIRA when Chief Superintendent Breen and

30 Superintendent Buchanan were leaving the barracks. This

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 32

1 phone call enabled the two officers to be triggered into an

2 ambush on the Edenappa Road, Jonesboro on the 20th March

3 '89 at 3:30pm.' Please be advised that I am unable to

4 confirm whether or not his intelligence has already been

5 passed on to the Garda Siochana."

6

7 Now you are aware that that piece of intelligence, Judge

8 Cory was aware of it and it's in the mix here already, you

9 are aware of that, Mr. Corrigan?

10 A. Yes.

11 61 Q. At the next page, page 12, and we are coming towards the

12 end of these documents now, there is a further internal

13 memo from the RUC, it's dated the 26th of July 2001, it's

14 addressed to the Detective Chief Superintendent, his name

15 is given there but I don't think it should be, he is a

16 crime advisor Gough Barracks, Armagh, and it's from the

17 Detective Chief Inspector Crime Manager and says:

18 "I refer to the attached papers.

19 On 6 April 2000, ex-Detective Chief Superintendent X and I

20 interviewed Mr. Toby Harnden at the Metropolitan

21 Headquarters, Washington D.C. The interview was conducted

22 in respect of issues relating to the murders of Chief

23 Superintendent Breen and Superintendent Buchanan which were

24 mentioned within Mr. Harnden's book 'Bandit Country'.

25 Whilst interviewing Mr. Harnden, we took the opportunity to

26 question him about other matters contained within his book.

27 I now attach a transcript of the notes recorded by me in

28 respect of this interview.

29 All reports papers concerning Mr. Harnden and his book are

30 held in CID Regional Command Gough. I have liaised with

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 33

1 your staff who have copied these reports and I now forward

2 these papers for your attention and in order to allow the

3 relevant papers held in your office to be attached and

4 forwarded to X who is a legal advisor.

5 I would be obliged if your staff would notify acting

6 Detective Superintendent C2 of compliance in respect of his

7 direction contained within his report dated 17th of July

8 2001. Forward for information."

9

10 And what that does is it contains or attaches a transcript

11 of an interview that was conducted a year earlier with Toby

12 Harnden by the RUC. And if you look at the next page,

13 Mr. Corrigan, do you see there is a reference there to a

14 transcript of the interview notes with Mr. Harnden dated

15 6th of April 2000, do you see that?

16 A. Yes.

17 62 Q. And I want you now to go to -- I am not going to open all

18 of the notes of the interview with Mr. Harnden, but if you

19 could go to page 16, please, which is at the top right-hand

20 of the pagination. And you'll see at the bottom of page 16

21 there is a reference to 'Garda X', do you see that? Do you

22 see that, Mr. Corrigan? It's three paragraphs from the

23 bottom.

24 A. Oh, yes.

25 63 Q. You are Garda X, there is no doubt about that, isn't that

26 so?

27 A. Absolutely.

28 64 Q. And this is what Mr. Harnden appears to have told his RUC

29 interviewers: "Garda X: This information came from an RUC

30 SB officer who he refuses to name" that's Mr. Harnden

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 34

1 refused to name. "He did not check -- it says "the

2 verocity," but I think it must mean the veracity, which

3 means the truth -- "He did not check the veracity of this

4 information, simply accepting it and putting same into the

5 book. He will not disclose the name of this officer. We

6 requested that he contact this source and ask him to

7 contact us explaining and emphasising the importance of

8 this matter."

9

10 So would you agree with me, Mr. Corrigan, that your name

11 was provided to Mr. Harnden, it appears to be the case that

12 your name was provided as a result of information from an

13 RUC Special Branch officer

14 A. Oh, absolutely, sure that's what my line all along has

15 been, that they invited him, there is correspondence

16 throughout that file, Mr. O'Callaghan, where they invited

17 him and they said that they wished to encourage him and

18 interview him with least possible haste so that they could

19 carry out as much derogatory comments as they could on the

20 IRA.

21 65 Q. But is it your evidence that from your appraisal of these

22 documents, that the RUC assisted Mr. Harnden in the

23 preparation and writing of his book?

24 A. Absolutely, I have no doubt at all about it.

25 66 Q. And isn't it apparent from this document, from the

26 interview, that your name was given to Mr. Harnden by an

27 RUC Special Branch officer?

28 A. Yes.

29 67 Q. And would you agree with me that -- why do you think your

30 name was provided?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 35

1 A. Well it was part of an overall emanating from the time that

2 Mr. Keeley started off with the RUC, after coming -- after

3 dealing with MI5 in London.

4 68 Q. That's later on. I want to ask you, why do you think an

5 RUC Special Branch officer, in 1998 or early 1999, would

6 have provided your name?

7 A. Well, at that stage...

8 69 Q. Or do you know?

9 A. I do -- well, I mean, I can hazard a guess, like, that I

10 was a thorn in the side of the organisation at the time,

11 and it was very important that they would be able to do me

12 as much damage as possible.

13 70 Q. But wasn't it also the case, Mr. Corrigan, that at this

14 time the Special Branch RUC would have been aware that

15 there was an SB50 in respect of you, from 1985?

16 A. They would have, yes.

17 71 Q. OK. Do you believe that this conspiracy that you have

18 given evidence about, do you think that this was motivated

19 by personal malice towards you?

20 A. Well, there was an element of that and it was, as I said at

21 the very start here, at the very commencement of these

22 proceedings, there was a smoking gun prevalent throughout

23 all of this, and it started off with the Governments, which

24 were dealing with each other, and the Irish Government went

25 over to London to complain about the horrific state of

26 collusion in the North, and the British authorities were

27 much more adept and turned the whole matter on its head and

28 got Mr. Fulton and set him up with transport and gave him

29 money. First of all, the two officers in MI5 went to him

30 and went to his platoon commander and said that they wished

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 36

1 to see him and they took him out privately and asked him

2 would he be interested to go to work for them, and that is

3 how it all started.

4 72 Q. OK. And at the time, in the 1990s, and this is a matter

5 the Chairman will be aware of, but do you recall were there

6 allegations of collusion being made against the northern

7 security forces, whether they be the RUC or the British

8 Army?

9 A. In what way?

10 73 Q. Were there allegations against them of collusion in the

11 killing of individuals, such as Mr. Finucane?

12 A. Oh, there was, yeah, allegations of collusion were rampant,

13 allegations were rampant from when I went there in 1975,

14 '80.

15 74 Q. OK. Now I want you to go to the next page, which is page

16 17, and at the top of that page we have a further note of

17 the interview with Mr. Harnden by the RUC and the second

18 entry says the following:

19 "Re... 'technical information which confirmed IRA had

20 contacted..." That's a reference to the IRA had been

21 contacted by somebody in Dundalk Garda Station, and do you

22 remember the part of Harnden's bike read out to you

23 earlier?

24 A. Yes.

25 75 Q. Where he said there is technical information that somebody

26 in the Dundalk Garda Station contacted the IRA?

27 A. Yes.

28 76 Q. And this is what the RUC noted in respect of this:

29 "(Author believed - without any confirmation or

30 corroboration or checking!!!)" and it's written in capital

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 37

1 letters. Would you agree with me that the manner in which

2 that is recorded, that the RUC officer who interviewed him

3 found it unbelievable that Mr. Harnden would put this in

4 without any confirmation or corroboration?

5 A. Yeah, well I wouldn't be surprised when a guy is writing a

6 book, like, accuracy is not the top of his principles. He

7 said something similar in relation to the actual area

8 surrounding the hijacking out in County Armagh.

9 77 Q. OK. Now, at the bottom of that page there is a reference

10 to "author mentioned name of X as being rumoured as being

11 rogue garda but no evidence or information to substantiate

12 this."

13 A. Sure that's the same old story.

14 78 Q. OK. Now what I want you to do, I can go through the next

15 few tabs very quickly. At tab 2, you are aware that

16 Mr. Prenty came here and said that Toby Harnden

17 misrepresented him and he never said what he allegedly is

18 quoting as stating, you are aware of that aren't you?

19 A. Yes.

20 79 Q. And that is dealt with in tab 2. And then just in tab 3

21 there is a couple of sections I want to refer you to. This

22 is the evidence of Mr. Mains, and it's at tab 3, Day 10,

23 page 43. And at question 177, I think I asked Mr. Mains:

24

25 "Question: Now, can I just ask you about the

26 first of those events, which is the book of

27 Toby Harnden. Can I ask you, Mr. Mains, did

28 you assist Mr. Harnden in the writing of this

29 book?

30 Answer: I was asked by our then press office

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 38

1 to give him some assistance in south Armagh in

2 terms of the nature of the book and what he was

3 trying to achieve.

4 Question: And as a result of that, did you

5 meet Mr. Harnden?

6 Answer: I did.

7 Question: And how many interviews did you have

8 with him about the book?

9 Answer: I can't really says because I don't

10 know, it could have been several."

11

12 And then on the next page, page 44 -- and in fairness to

13 Mr. Mains, Mr. Mains isn't or wasn't a Special Branch

14 officer, Mr. Corrigan.

15 A. Yes.

16 80 Q. He is not a Special Branch officer, so I am not suggesting

17 that he was the person who told Mr. Harnden that you were

18 the person who had given the information.

19

20 And then next page 44, question 181:

21

22 "Question: Did you speak to Toby Harnden about

23 the killings of Chief Superintendent Breen and

24 Superintendent Buchanan?

25 Answer: I would have spoke to Toby Harnden in

26 relation to the activity of the IRA in south

27 Armagh in general terms.

28 Question: And did you identify for him the

29 fact that there was a mole or what he believed

30 to be a mole in An Garda Siochana?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 39

1 Answer: I think that at that stage Toby

2 Harnden himself had seemed to come up with a

3 lot of information.

4 Question: But did you give him information

5 suggesting that there was a mole in the guards

6 in Dundalk?

7 Answer: As I said, I think Mr. Harnden

8 himself had information to hand."

9 And he continued by stating listen, Harnden had that

10 information already.

11

12 Now, at tab 4, Mr. Corrigan, is the article by Kevin Myers

13 dated the 10th of March 2000. Did you read that article

14 when it was published in The Irish Times?

15 A. I did, yes.

16 81 Q. And did you know that this was in some way linked to the

17 Toby Harnden book?

18 A. I did, yeah.

19 82 Q. Did you believe at that stage that you were the person

20 being referred to?

21 A. Well, it went through my mind, but there were that many

22 things circulating in my mind at the time that it was

23 coming fast and furious, you know.

24 83 Q. OK. And we know at tab 5 Mr. Myers came and gave evidence

25 here on day 44, and on the second page, page 144, in

26 fairness to him, he agreed or he believed that his article

27 did not tell the truth in a fair and impartial manner; are

28 you aware of that evidence?

29 A. I am, yes.

30 84 Q. OK. And do you think he is right?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 40

1 A. Of course he is right.

2 85 Q. OK. Now --

3 A. Well at least he had the honesty to come and admit he was

4 wrong and what he had written was wrong.

5 86 Q. Now, you have, on a number of occasions in your evidence,

6 referred to what Judge Cory thought about the reliability

7 of Harnden and Myers, haven't you?

8 A. That's right, yes.

9 87 Q. And you have read Judge Cory's report in respect of what he

10 thought of their allegations and their work?

11 A. Absolutely.

12 88 Q. And I just want to refer you to parts of that, and if you

13 look at tab 6, I have sections of Judge Cory's report that

14 are relevant, and unfortunately, it's not page-numbered,

15 Mr. Corrigan, but do you see the way the paragraphs are

16 numbered on the left-hand side?

17 A. Yes.

18 89 Q. Could I ask you to go to paragraph, it's the third page in,

19 2.71, and this is what Judge Cory says in the second

20 paragraph:

21 "In a passage from his book Bandit Country(pages 157 to

22 158), Harnden sets out a great deal of detail as to how the

23 operation against Messrs Breen and Buchanan would have been

24 mounted. However, in his interview with Gardaí on the same

25 subject, Harnden stated that 'he could only hypothesise in

26 relation to how the attack upon Breen and Buchanan could

27 have been mounted'."

28 I just want to refer you to a few sections and then I will

29 come back and ask you a question. Could you go to the next

30 page and paragraph 2.76, which is --

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 41

1 A. Which page is that?

2 90 Q. It's the fourth page.

3 A. Of Irishman's Diary, is it?

4 91 Q. No, you are on the next tab, Mr. Corrigan, tab 6. Do you

5 see that? There is Judge Cory's report.

6 A. Yes.

7 92 Q. If you go to the fourth page of that, it should be

8 paragraph 2.76. It starts at the top of the page with

9 2.74. If you look at the left-hand side of the column.

10 You need to open it further to see the left-hand side.

11 A. Yes.

12 93 Q. Have you got it?

13 A. Yes.

14 94 Q. Paragraph 2.76, the third one down; this is what Judge Cory

15 says.

16 A. Hold on a second now.

17 95 Q. "There was an allegation in the Harnden book that RUC

18 Special Branch received intelligence that a garda officer

19 telephoned an IRA member to tell him of the Gibsons'

20 expected arrival at the border. When he was asked to

21 discuss the source of this intelligence he stated that it

22 was the same officer who told him about the technical

23 information" -- that's the one in respect of Breen and

24 Buchanan. "When asked if he could provide any more

25 information, Harnden stated that he had nothing further on

26 the IRA man except that Garda B was mentioned to him as the

27 Garda member who had contacted the IRA. When queried about

28 this, the RUC denied that it had received intelligence

29 information that a garda officer had phoned an IRA man. I

30 must observe that the Gardaí have confirmed to me that in

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 42

1 1989 there was no log kept of outgoing phone calls from the

2 garda at Dundalk Garda Station.

3

4 "2.77: It should be noted that this intelligence report

5 was not passed on to the Gardaí. However, in

6 correspondence dated 29 September 2000, Deputy Chief

7 Constable Cramphorn of the RUC sent Deputy Commissioner

8 Conroy of the Gardaí a report prepared by Chief

9 Superintendent McBurney. In his report dated 15 September

10 2000, McBurney specifically addressed the allegation that

11 RUC Special Branch had received intelligence that a garda

12 officer had telephoned an IRA member to tip him off. With

13 respect to this and other allegations, Chief Superintendent

14 McBurney asserted that 'no evidence exists, nor can any

15 documentation be located which indicates garda collusion

16 with subversives'."

17

18 So, although the information about you appears to have been

19 provided by an RUC Special Branch officer, the RUC, when

20 they come to look at it, they confirm to Judge Cory that no

21 such evidence or documentation concerning collusion exists,

22 isn't that so?

23 A. That's correct, yes.

24 96 Q. If you could turn to the next page then, please, and it's

25 paragraph 2.78, where Judge Cory continues. He says:

26 "Harnden declined to identify Inspector L..." -- we know

27 that is Prenty -- "a former member of Garda Special Branch

28 who was referred to at page 159 of 'Bandit Country' as

29 having 'confirmed the sequence of events'. When asked to

30 clarify this account, Harnden stated that he was referring

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 43

1 to basic timings, et cetera, and that the reference was not

2 intended to convey nor did it mean that Detective Inspector

3 L had confirmed the allegation that there was information

4 passed from a Garda member to the IRA. In his book,

5 Harnden attributed a statement to Detective Inspector L to

6 the effect 'I am afraid the leak came from a guard'. When

7 questioned about this, Harnden repeated that he was not

8 referring to the technical information or the RUC

9 intelligence, but rather, 'basic timings'. He said that

10 because of editing the statement attributed to 'L' appeared

11 out of context, Harnden went on to say that it was possible

12 that 'L' was putting forward the theory when he stated that

13 the leak came from a guard, though he thought it appeared

14 to be stronger than that."

15

16 Then, paragraph 2.82: "With respect to naming Garda B" --

17 that is you -- "Harnden qualified this tip-off by stating

18 that 'If it was a tip-off, it may not be as specific'.

19 When asked, 'Can we take it as dogmatic that it was Garda

20 B?', Harden responded, 'No, it's my way of stating it'."

21

22 Now, if I could ask you then to move forward four pages to

23 paragraph 2.104.

24 A. Yes.

25 97 Q. Judge Cory says the following - now, this is in respect of

26 Mr. Myers' article: "When asked about his allegations that

27 Breen and Buchanan were set up by the garda mole, Myers

28 stated that he relied on Harnden's book which he took to be

29 hard information. He also made inquiries north and south

30 and obtained information that was 'anecdotal but sufficient

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 44

1 for me to say and justify this statement in the article'."

2 And then at the bottom of that page, 2.106, Judge Cory

3 states: "When asked, he stated that he did not have any

4 evidence to present which supported his statement that an

5 ex-garda mole had passed on information to the IRA

6 regarding the movements of Breen and Buchanan."

7

8 And finally, Mr. Corrigan, could you go to the last page in

9 that tab. You are in tab 6. Go to the very last page, on

10 paragraph 2.118, and this is how Judge Cory concludes in

11 respect of his assessment of Harnden and Myers, and he

12 says, at paragraph 2.118:

13

14 "In summary, the investigations into the book 'Bandit

15 Country' and the article An Irishman's Diary indicate that

16 the author's allegations that there was a garda mole or

17 that a garda member facilitated the murder of officers

18 Breen and Buchanan appeared to be based on hypothesis,

19 speculation and the source or sources of information that

20 the authors refused to disclose. Statements and

21 allegations were put forward as matters of fact when, in

22 reality, they were founded upon speculation and hypothesis.

23 It would have been preferable if the book in the article

24 had made this clear. Fairness to the victims' family

25 demanded no less."

26 So can I ask you, Mr. Corrigan, having read Judge Cory's

27 report and what he said about Harnden and Myers, what is

28 your assessment of the book that was published by

29 Mr. Harnden and the article published by Mr. Myers in

30 respect of the murders of Breen and Buchanan?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 45

1 A. Well, Judge Cory outlined it there very accurately insofar

2 as there was -- it's made up of speculation and hypothesis

3 on the part of Harnden, and then Myers chipped in, then, as

4 a result of reading the book, and put his own stamp on the

5 allegations. But collectively, they were one of the same

6 thing and both were -- Judge Cory saw through the

7 allegations that had no substance whatever in relation to

8 facts and they were merely speculation and -- about what

9 might have happened, could have happened, and, sure,

10 Mr. Harnden was talking about photographs and photographing

11 these men when they were in the vicinity of the station,

12 all speculation. He had nothing at all that would adduce

13 any evidence in support of what he was saying.

14 98 Q. OK. So, do you agree that Mr. Myers got his information

15 from Mr. Harnden?

16 A. Yes, of course.

17 99 Q. Mr. Harnden got his information from --

18 A. From the RUC.

19 100 Q. -- his information about you, from an RUC Special Branch

20 officer?

21 A. Yes.

22 101 Q. And the RUC agreed and decided at the top level that they

23 were going to assist Mr. Harnden in the publication of his

24 book?

25 A. That's right. Sure, that is published within the file,

26 Mr. O'Callaghan. The RUC, at ACC level, encouraged the

27 subordinates to contact Mr. Harnden and encourage him and

28 use him as a tool to carry out an operation on the

29 publications of the PIRA in their campaign.

30 102 Q. Tab 7, Mr. Corrigan, we see the transcript of the statement

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 46

1 made in the House of Commons by on the

2 13th of April, 2000. You are aware that, on that date,

3 Mr. Donaldson named you as being a guard who was involved

4 in the murders of Breen and Buchanan, is that correct?

5 A. Yes, that's right.

6 103 Q. Prior to him naming you, did he ever contact you or to ask

7 to put the allegation to you?

8 A. No, absolutely not.

9 104 Q. You said on a number of occasions in your evidence that

10 Mr. Frazer and Mr. Keeley were with Mr. Donaldson. In

11 fact, the evidence given by Mr. Donaldson is he met Willie

12 Frazer and Peter Keeley before he made this, but it's

13 obviously a period of days or weeks beforehand?

14 A. Well, it was around the one and the same time.

15 105 Q. Yes.

16 A. You see, when he was en route, this thing was taking a

17 highly organised pattern, and when Keeley was organising it

18 with the professionals that he was engaging, he realised

19 then, and the British Government realised, that the outlet

20 for the most -- the widest circulation and exposure of this

21 dramatic story would be BBC Parliament, and it was there

22 that he got this -- in other words, Fulton initiated it and

23 they used Donaldson to expose it.

24 106 Q. Did you -- how did you come to hear that Jeffrey Donaldson

25 had named you in the House of Commons?

26 A. I heard it on -- I think several people in Dundalk heard

27 it. It was frequently broadcast. BBC Parliament is

28 broadcast in Dundalk and Drogheda, and it was headlines in

29 the evening papers in Belfast.

30 107 Q. OK. And at tab 8 we see the evidence of Mr. Donaldson, and

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 47

1 Mr. Donaldson said that he got interested in this issue

2 when he read Mr. Harnden's book, and then he said, at tab

3 8, page 24, day 64, this is, on the 9th of December last,

4 Mr. Donaldson stated the following, at question 90:

5 "Answer: Well, I spoke to Mr. Fulton before I

6 spoke to the senior member of the security

7 forces, but of course he would be one of those

8 to whom I spoke.

9 Question: Of those three or four sources for

10 your extensive inquiries, how many of them

11 named Owen Corrigan?

12 Answer: Kevin Fulton."

13 So it was Mr. Fulton, or Mr. Keeley as I should correctly

14 call him, who gave Mr. Donaldson your name, isn't that

15 correct?

16 A. Absolutely, yeah, and he said -- he said he checked with a

17 senior RUC officer before issuing the thing. Now, the

18 senior RUC officer who was dealing with the matter was Sir

19 Ronnie Flanagan, and, as you know, Sir Ronnie Flanagan had

20 given a scathing report to him on -- in relation to the

21 background of what type of an individual Mr. Fulton was,

22 and he was asked then why did he not ask the obvious

23 question, "Well, if he is like this and that, did you ask

24 him, what kind of a guy is he?" "No," he said, "I

25 sought" -- he was well aware at this stage of what type of

26 an individual Fulton was. He said, "I sought higher

27 command for further" -- Sir Ronnie Flanagan was the

28 Assistant Chief Constable. He couldn't have gone to much

29 higher a man than the Chief Constable.

30 108 Q. So are you aware that also on the 13th of April, 2000, that

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 48

1 two members of the Oireachtas referred to concern about

2 collusion, but they didn't name you?

3 A. That's right.

4 109 Q. They didn't name any guards, you are aware of that?

5 A. That's right.

6 110 Q. And that is at tabs 10 and 11 -- sorry, that is at tabs 9

7 and 10, and I don't need to open them.

8 But ultimately, Mr. Corrigan, as of early 2000, your name

9 has been put out there by an RUC Special Branch officer

10 because he has informed Harnden, isn't that correct?

11 A. That's right, yes.

12 111 Q. And secondly, Mr. Keeley appears in the mix for the first

13 time sometime in early 2000 because he goes to Jeffrey

14 Donaldson with , isn't that so?

15 A. That's right, yes.

16 112 Q. Then, if you could look at tab 11, because this -- you can

17 understand why this will generate interest in the politics

18 of Northern Ireland, and indeed genuine interest from the

19 Breen and Buchanan families; can't you understand that,

20 Mr. Corrigan?

21 A. Yeah, of course.

22 113 Q. At tab 11, we have an important document from the RUC dated

23 the 15th of September of 2000. It's an article -- it is a

24 report that was written by the late Maynard McBurney, dated

25 15 September, 2000, and, in it, Mr. McBurney is reporting

26 to the Assistant Chief Constable Crime Branch about the

27 allegations in Bandit Country. You see them there at the

28 bottom of the first page. And in the second page, you will

29 see there are further allegations set out; they number the

30 pages 157, 158, 159, isn't that so? Do you see that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 49

1 A. Yes.

2 114 Q. And then, at the end of the last page in that tab,

3 Mr. McBurney concludes the following. He says:

4 "Detective" -- and that is a reference to Mr. Mains, there

5 is no doubt about this -- "Detective Mains now provided his

6 original statement of evidence dated 22 March, 1989, and a

7 further statement dated 15 September, 2000, copies

8 attached, which address queries 1B and 1C.

9 With regard to the queries 1A, 1D, 1E, 1F, 1G, 1H and 2A to

10 D, no evidence exists, nor could any documentation be

11 located which evidences Garda collusion with subversives."

12 So, in effect, Mr. Corrigan, what that straightforward,

13 simple sentence means is that the RUC has no evidence about

14 anyone being contacted from Dundalk station or, indeed,

15 they have no evidence or documentation suggesting that a

16 Garda officer contacted the IRA, you are aware of that?

17 A. That's right, and furthermore, on the date of the 20th of

18 March, '89, Mr....

19 115 Q. ... Mains?

20 A. ... Mains was asked to make a statement, as did the others,

21 and he made a five-page statement, and he never once

22 mentioned my name in the course of that statement.

23 116 Q. OK.

24 A. But suddenly, on the publication of Bandit Country and the

25 IRA, eleven-and-a-half years later, suddenly he became all

26 knowledgeable about the concerns that Harry Breen had about

27 me.

28 117 Q. OK. I want to deal with that now, because it's at tab 12.

29 I think you are wrong about stating it's a five-page

30 statement. But if you look at the second page in tab 12,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 50

1 there is Mr. Mains' original statement from the 22nd of

2 March, 1989, which is two days after the officers were

3 murdered?

4 A. Yes.

5 118 Q. Do you see that? And at the bottom of that page - I only

6 want to open the last four lines on that first page - and

7 this is what Mr. Mains says two days after Chief

8 Superintendent Breen and Superintendent Buchanan were

9 murdered, and he says:

10 "Mr. Breen also stated to me that he felt 'Slab' Murphy had

11 contacts within the Garda and, to this end, he felt that he

12 could not trust certain Garda Siochana members."

13 Do you see that?

14 A. No. What page is that?

15 119 Q. It's page 6, bottom right-hand corner, if you look at page

16 6. It's the second page in tab 12. Go to the page in tab

17 12. Have you got that?

18 A. Not quite, no. Yes, thank you.

19 120 Q. Do you see the bottom of that page, it says: "Mr. Breen

20 also stated to me that he felt 'Slab' Murphy had contacts

21 within the Garda and, to this end, he felt that he could

22 not trust certain Garda Siochana members."

23 So would you agree with me that Mr. Mains, two days after

24 the murder, is expressing that Chief Superintendent Breen

25 was concerned about some Garda members, isn't that so?

26 A. Yes.

27 121 Q. And he doesn't identify them as being -- he doesn't

28 identify them as being located in Dundalk, is that correct?

29 A. Yes.

30 122 Q. Now, if you go to the page before that, the page before it,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 51

1 Mr. Mains then swears a statement on the 15th of September,

2 2000, some eleven years, or so, later; do you see that?

3 A. Yes.

4 123 Q. And this is what he says in this, just third line down, he

5 says: "Further to my statement on 22 March, '89,

6 concerning the murders of Chief Superintendent Harry Breen

7 and Superintendent Buchanan, I have nothing further to add,

8 with the exception of the Garda officer referred to in my

9 previous statement is Owen Carrigan, then Detective

10 Sergeant, Special Branch, Dundalk."

11 So what is your assessment of that - well, maybe not

12 changed but elaborated statement some eleven-and-a-half

13 years later?

14 A. No, no, he was -- that is what -- that was -- he made that

15 statement with the publication of Bandit Country. They all

16 became fountains of knowledge with the publication of that

17 book.

18 124 Q. OK.

19 A. Including politicians south of the border.

20 125 Q. Now, are you aware - and this is at tab 13, and I am not

21 going to open it in detail - but Mr. Mains gave evidence

22 that he phoned Dundalk Garda Station on the morning of the

23 20th of March, 1989, to organise the meeting; are you aware

24 he has given that evidence?

25 A. No, I am not, no.

26 126 Q. OK. Well, are you aware that every other person associated

27 with that, whether it's Mr. McConville from the RUC or John

28 Nolan from Dundalk, or, indeed, Mary Clarke, a woman who

29 answered the call, and Mary Burns, who answered the calls

30 in Dundalk, and indeed George Flynn, Garda, all of them

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 52

1 have said that didn't happen; are you aware of that?

2 A. No, no.

3 127 Q. OK. And then at tab 14 there is transcripts, and I won't

4 open them again, but transcripts about Mr. Mains and him

5 expressing -- or Mr. Breen expressing concern about

6 Corrigan in Dundalk, even though he didn't put it in a

7 statement, and there is evidence from others, in tab 14,

8 stating that Mr. Mains never mentioned that to them at the

9 time back in 1989. Are you aware of that evidence? Maybe

10 you are not?

11 A. No, I am not, no.

12 128 Q. OK. Now, an important piece of evidence is at tab 15,

13 Mr. Corrigan.

14 A. Yes.

15 129 Q. Mr. Mains was asked by me: "Why didn't you name Owen

16 Corrigan on the 22nd of March, 1989?" Do understand that

17 point?

18 A. Absolutely.

19 130 Q. Yes. And I asked him: "Why didn't you name Corrigan

20 instead of saying 'Garda members'?"

21 A. Yes.

22 131 Q. And he said - and I will just open it to you; it's at tab

23 15 --

24 A. Yes.

25 132 Q. -- Day 9. And let's look at the top of that page.

26 Question 789:

27 "Yes, but, as I understand it, you were

28 advised in some form or fashion not to put his

29 name in, is that right, in your first

30 statement?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 53

1 Answer: Yeah.

2 Question: And who advised you to do that?

3 Answer: I think, from memory, it was one of

4 the CID police officers. I can't recall the

5 name at this point, but it was somebody, maybe,

6 and I would be speculating at this point to say

7 who it was."

8 So what he is stating - are you aware of this? - he said:

9 Well, I was advised by a senior officer, I can't really

10 remember who it was, not to mention Corrigan.

11 A. Yes.

12 133 Q. That is the evidence he gave.

13 A. Yes, yes.

14 134 Q. But if you turn over the next, it's the next day, and not

15 just in terms of days of this inquiry; it was the following

16 day, the 22nd of June, Day 10, this is the evidence that

17 was given - Mr. Mains was still in the box - page 38, top

18 of the page, question 155:

19 "Question: Well, I think it is a crucial piece

20 of evidence, Chairman, for the following

21 reason: because there is no evidence of my

22 client being mentioned in this record about

23 these killings until eleven-and-a-half years

24 later, and the evidence being given by

25 Mr. Mains is that the reason he didn't mention

26 him is because a CID officer advised him not

27 to."

28 And the Chairman then asks the pertinent question:

29 "Yes. Well, do you remember the name of the

30 CID officer?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 54

1 Answer: Oh, very clearly."

2 So, do you see, Mr. Corrigan, that, the day after, he said

3 he couldn't remember --

4 A. Yes.

5 135 Q. -- that he couldn't recall his name, but he's telling the

6 Chairman: Oh, I remember the name of the person very

7 clearly?

8 A. Yes.

9 136 Q. And ultimately, he wrote down the name of the individual.

10 And he is now deceased, the individual, so we can identify

11 him, and his name has been identified here before; it was

12 Mr. Maynard McBurney.

13 A. Yes.

14 137 Q. And are you aware that it was Mr. McBurney who wrote the

15 document which is in -- which we already opened from the

16 RUC? Do you remember that document that I opened earlier

17 to you --

18 A. Yes.

19 138 Q. -- dated the 15th of September?

20 A. Yes.

21 139 Q. And Mr. McBurney gave the response to the RUC stating there

22 is no documentation or no evidence suggesting collusion.

23 Now, does that cause you concern about what Mr. Mains said

24 in evidence here?

25 A. Absolutely.

26 140 Q. At tab 16, there is part of the Camon-Kirwan Report. Could

27 I just ask you, first of all, do you recall Mr. O'Dea

28 coming down to Dundalk in 1989 after the murders?

29 A. Yes, very briefly.

30 141 Q. What -- and if you can't recall this, you don't recall

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 55

1 it --

2 A. Well, I don't -- I hadn't spoken to him, or anything; just,

3 I was aware of his presence in the building.

4 142 Q. OK. Do you know, and if you don't know don't speculate,

5 but do you know what the reason was for him coming down to

6 Dundalk or coming up to Dundalk?

7 A. I don't know.

8 143 Q. OK. You don't know. You are aware that the Camon-Kirwan

9 Report was set up on foot of all these allegations by

10 Harnden and Myers, isn't that so?

11 A. That's right, yes.

12 144 Q. And you spoke to them, but you didn't want to give a

13 statement, isn't that correct?

14 A. That's right, yes.

15 145 Q. Is there any reason why you didn't want to give a

16 statement?

17 A. Not really, because I didn't believe a word about it.

18 146 Q. OK. OK. Now, at tab 17, I just include this as a

19 reference, it's a report from The Irish Times dated 19 May,

20 2001, where the then-leader of the Ulster Unionist Party,

21 Mr. Trimble, was calling for an inquiry into the murders of

22 Breen and Buchanan, isn't that so? And you are aware that,

23 after the book, after what Mr. Donaldson said, there were

24 calls for a public inquiry?

25 A. Absolutely, yeah.

26 147 Q. And are you aware that, at the same time, there were also

27 calls being made by republicans in Northern Ireland seeking

28 inquiries into the killing of -- murder of Mr. Finucane,

29 Ms. Nelson, and other such people, Robert Hamill?

30 A. Yes, that was ongoing.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 56

1 148 Q. Yes. OK, OK. And just to get to the core of your

2 conspiracy theory, do you believe that politicians,

3 Unionist politicians in Northern Ireland were advancing and

4 promoting an inquiry because of their own political agenda

5 in Northern Ireland?

6 A. An inquiry here?

7 149 Q. Yes.

8 A. Oh, absolutely, there is no -- there is no clear doubt

9 about that.

10 150 Q. And what benefit do they get from that, from a big inquiry

11 into Garda collusion in the murder of RUC officers, what is

12 the advantage for the Unionist political community?

13 A. Well, it takes the pressure off them for what was going on

14 in the North.

15 151 Q. Right.

16 A. Because they can say what they like or allege what they

17 like, but we have never been contaminated by the same

18 elements that the RUC have had to contend with. Now, don't

19 get me wrong, I dealt with a small number of the RUC, and

20 they were fine people, but the body politic in the North,

21 when I went there, and it would appear it hasn't changed

22 greatly since, when I see what has happened since, there is

23 five of them after being arrested on Saturday night, so

24 things -- the Chris Patten Commission hasn't had the

25 greatest effect we were led to believe it might have.

26 152 Q. Anyway, you believe there were allegations of collusion,

27 and, in fairness, are you aware that the third Stevens

28 Inquiry reached the finding that there was collusion in the

29 murder of ?

30 A. Yes, oh, yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 57

1 153 Q. And there was also Stalker inquiries and Sampson inquiries,

2 isn't that correct?

3 A. Absolutely.

4 154 Q. And, at tab 18, you will see that on the 1st of August,

5 2001, both the Northern Ireland Office and the Department

6 of Foreign Affairs issued a statement on the 1st of August,

7 2001, after what was referred to as the Weston Park talks,

8 which took place in July?

9 A. Yes.

10 155 Q. I want to refer you to the second page of that at tab 18,

11 because it indicates the decision of the Governments in

12 respect of inquiries based on allegations that had been

13 made at the talks in Weston Park.

14 18: "Both Governments want the new policing arrangements

15 now being established to focus on the future but they also

16 accept that certain cases from the past remain a source of

17 grave public concern, particularly those giving rise to

18 serious allegations of collusion by the security forces in

19 each of our jurisdictions. Both Governments will,

20 therefore, appoint a judge of international standing from

21 outside both jurisdictions to undertake a thorough

22 investigation of allegations of collusion in the case of

23 the murders of Chief Superintendent Harry Breen and

24 Superintendent Bob Buchanan, Pat Finucane, Lord Justice and

25 Lady Gibson, Robert Hamill, Rosemary Nelson and Billy

26 Wright."

27 And I think it is the case, Mr. Corrigan, that Judge Cory

28 prepared a report in respect of each of those controversial

29 murders, isn't that so?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 58

1 156 Q. And there have been inquiries, some more public than

2 others, in respect of those murders, with the exception of

3 the Pat Finucane inquiry, isn't that so?

4 A. That's right.

5 157 Q. There has been no public inquiry into the murder of

6 Mr. Finucane, isn't that correct?

7 A. No, Mr. Finucane's family were promised an inquiry, and

8 this thing dragged on and dragged on, and, no later than

9 last September/October, Mrs. Geraldine Finucane and her

10 whole family, including Michael Finucane, her son,

11 travelled to London with hope that they were getting an

12 inquiry, and David Cameron went up and met them in London

13 and told them they were getting no inquiry and what he

14 would give them would be a judge and some papers and that

15 was it. And there was no reaction from our Government,

16 despite the fact that they had been over there initiating

17 the complaint in the first place.

18 158 Q. And are you aware that Judge Cory recommended strongly that

19 there should be an inquiry in respect of the murder of Pat

20 Finucane?

21 A. I am aware, yes.

22 159 Q. You are aware that the Stevens Inquiry concluded that there

23 was collusion in the murder of Pat Finucane?

24 A. That's correct, yes.

25 160 Q. Now, at tab 19, Mr. Corrigan, there is a statement issued

26 from the Department of Foreign Affairs on the 29th of May,

27 2002, and it was on that occasion that Judge Cory was

28 appointed to investigate these controversial murders.

29 A. Yes.

30 161 Q. Now, just at the back of that tab, there is a document

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 59

1 which also emanates from the HMG file which we just got in

2 the past number of weeks, and this is the internal Northern

3 Ireland document that refers to the meeting of the

4 Parliamentary Party and the allegation that Breen and

5 Buchanan may have been murdered or set up through collusion

6 by a member of the RUC. Are you aware of that allegation?

7 It's at the last page of tab 19.

8 A. Just give me a second, Mr. O'Callaghan.

9 162 Q. You see the numbers are on the tabs? And the very last

10 page there, it begins, "5. What seems to have inspired..."

11 Do you see that?

12 A. Number 18, is it?

13 163 Q. No, no, you are at the wrong tab, Mr. Corrigan. Move

14 forward another tab to the next tab.

15 A. What number is the tab?

16 164 Q. 19.

17 A. Oh, 19.

18 165 Q. It's the last page in tab 19.

19 A. OK, I have it, yes.

20 166 Q. Now, in fairness, the Tribunal clarified for you, and

21 indeed me, last week, that this is a reference to the

22 Unionist Parliamentary Party meeting, which may change the

23 identity of the female who was speaking; it could be a

24 female Unionist politician. But were you ever or did you

25 ever hear of the allegation that Breen and Buchanan may

26 have been set up by a tip-off from an RUC officer?

27 A. No, I didn't, no. I wasn't aware of that.

28 167 Q. I want you to go now to tab 20, Mr. Corrigan, and I will

29 try to follow this chronologically so as we can get an

30 indication of what happened. Tab 20 begins "The Kevin

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 60

1 Fulton statement." Do you see that?

2 A. Yes.

3 168 Q. This is an excerpt from Judge Cory's report. And the

4 reason I include it here is because it identifies

5 chronologically what happened. We have seen that the

6 Government set up -- decide to investigate controversial

7 murders, we have seen that Judge Cory is appointed, and

8 then we see a reference in here to Judge Cory's report, as

9 to where he got this statement called the Kevin Fulton

10 statement. And he says the following:

11 "On 9 September, 2003, Kevin Fulton, accompanied by a

12 friend" -- we know that friend to be Mr. Frazer, as a

13 result of evidence given here -- "delivered to me a

14 statement. It reads as follows:

15

16 "In 1979, I enlisted in the . Within months of

17 my posting, I was recruited by a British intelligence

18 agency to act as an agent. In this capacity, I became a

19 member of the Provisional IRA.

20

21 "On one occasion in the late 1980s I was with my senior IRA

22 commander and another individual in my car. I knew the

23 other individual to be Garda B." That is Owen Corrigan.

24 "I was introduced to Owen Corrigan. I knew that Owen

25 Corrigan who was stationed at Dundalk was passing

26 information to the Provisional IRA.

27

28 "I was in Dundalk on the day of the ambush of

29 Superintendent Buchanan and Chief Superintendent Breen. I

30 am aware that, after the ambush took place, my senior IRA

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 61

1 commander was told by a member of PIRA that Garda B" --

2 Owen Corrigan -- "had telephoned to the Provisional IRA to

3 tell them that officers Breen and Buchanan were at the

4 Dundalk Station.

5

6 "I should add that I know nothing about the murder of Lord

7 Justice and Lady Gibson."

8

9 So it's apparent from that, Mr. Corrigan, that on the 9th

10 of September 2003, Kevin Fulton arrived at the office of

11 Judge Cory in London, isn't that so?

12 A. That's right.

13 169 Q. And he arrived with Willie Frazer. Are you aware of that,

14 or are you aware of the evidence?

15 A. No, but I know of Willie Frazer.

16 170 Q. I am not asking you about him, but you are aware that he

17 was the friend referred to?

18 A. Yes, that's right.

19 171 Q. And we know that Judge Cory's report into Breen and

20 Buchanan was published on the 7th of October 2003, one

21 month later?

22 A. Yes.

23 172 Q. So do you agree with me that a month before the end of

24 Judge Cory's inquiry Mr. Fulton, as he is known, or

25 Mr. Keeley as he should be properly known, arrives into his

26 office with this statement?

27 A. That's right.

28 173 Q. O.K. And do you see the last paragraph in the statement,

29 where he says "I am aware that after the ambush took place

30 my senior commander was told by a member of PIRA that that

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 62

1 Owen Corrigan had telephoned to the Provisional IRA to tell

2 them that officers Breen and Buchanan were at Dundalk

3 station."

4 Would you agree with me that that mirrors the allegation

5 made by Mr. Harnden?

6 A. Pardon?

7 174 Q. That mirrors the allegation made by Mr. Harnden?

8 A. Oh, absolutely.

9 175 Q. Because, do you recall in Mr. Harnden's book, he says that

10 a garda, a member of the gardaí phoned the, telephoned the

11 IRA from the station, doesn't he say that?

12 A. That's right.

13 176 Q. And that's what Mr. Fulton is stating here, isn't that so?

14 A. That's right. But Mr. Fulton didn't name me in an earlier

15 statement. He said "our man" tipped them off.

16 177 Q. We will come to that. I am trying to take this

17 chronologically because I know dates can get out of sync.

18 A. Yes.

19 178 Q. And in fact, what is stated in Bandit Country is the

20 following: "RUC Special Branch then received intelligence

21 that a garda officer had telephoned an IRA member to tip

22 him off."

23 So that's what Harnden said and this is what Mr. Fulton is

24 saying, isn't it?

25 A. Very much the same.

26 179 Q. O.K. Now, I want you to go to the next page where we get

27 another interesting document from the HMG file, that we

28 only got in the past two weeks. And it's numbered HMG 160,

29 and it's an e-mail dated Monday the 8th, if you see at the

30 top of the page there, there's and e-mail sent Monday 8

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 63

1 September 2003 at 16:09. Do you see that, Mr. Corrigan?

2 A. Yes.

3 180 Q. And of course that's the day before Mr. Fulton turns at

4 Judge Cory's office, you are aware of that?

5 A. That's right.

6 181 Q. Because Judge Cory tells us that on 9th of September 2003

7 Kevin Fulton arrives with a friend in his office. And then

8 this e-mail is sent the day before. Now, HMG have redacted

9 the identity of the person from whom this is and to whom it

10 is addressed, but I think you will see that it appears to

11 be addressed to a person who is working with Judge Cory.

12 Let me open the e-mail for you, it says:

13 "Hi,

14 Just a very brief note to thank you for arranging to meet

15 Kevin Fulton so quickly. I trust the meeting will be

16 mutually beneficial. However, I must stress that I and an

17 increasing number of others believe Fulton's life is in

18 immediate danger. As you will soon see, the knowledge he

19 has accumulated over two decades on various degrees of

20 undercover activities makes him a very real threat to the

21 republican movement and the British intelligence services.

22 At the moment he has no money, no job prospects and faces

23 life on the streets with the removal of his safe

24 accommodation by the Northern Ireland Office early next

25 month. It appears to many of us that a conscious decision

26 has been taken by the intelligence services to remove

27 Fulton on the grounds that the problems he caused to them

28 over the information of August 1998. Perhaps

29 Judge Cory could be made aware of Fulton's precarious

30 position."

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 64

1 If I can just pause there. I suggest from that last

2 sentence, Mr. Corrigan, that the recipient of this e-mail

3 clearly has access to Judge Cory, would you agree with

4 that?

5 A. Oh, yes.

6 182 Q. Yes. And it continues: "Secondly, I have sent the right

7 material to you, and it will be delivered when you meet

8 Fulton in the morning." Do you see that?

9 A. Yes.

10 183 Q. So obviously the person who is being sent this e-mail is

11 somebody who is meeting Fulton on the morning of the 9th of

12 September 2003?

13 A. That's correct.

14 184 Q. Which is the date referred to as when Judge Cory met him.

15 "I must advise that you both X and myself have been made

16 fully aware of the content of this material. However, we

17 have both agreed not to proceed further with the material

18 until after Judge Cory has had time to view and assess its

19 significance in relation to his inquiry into the murder of

20 X. I will be in London on Thursday, and if the possibility

21 of a brief meeting is still on the cards, I would

22 appreciate it.

23 Cheers,

24 X."

25

26 Now, Mr. Corrigan, you are aware we don't know who sent

27 this e-mail, isn't that correct?

28 A. No.

29 185 Q. But whoever was sending it, was sending it and was trying

30 to organise -- had organised the meeting of Judge Cory with

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 65

1 Mr. Fulton, isn't that so?

2 A. Yes.

3 186 Q. And it's a document which emanates from the British

4 Government; it's HMG 160, isn't that so?

5 A. That's right.

6 187 Q. And it appears to have been filed, if you look at the

7 number across the page, it appears to have been filed

8 within PSNI or RUC documentation, isn't that correct?

9 A. That's correct.

10 188 Q. So does that lead you to any conclusions or suspicions as

11 to how Mr. Keeley was brought to meet Judge Cory?

12 A. Well, of course; it's obvious.

13 189 Q. What is? explain it.

14 A. And there was a number of persons whom he met who

15 identified themselves and took him to the actual location

16 of Mr. Cory's office; it's mentioned elsewhere.

17 190 Q. Who do you think brought Mr. Keeley to Judge Cory?

18 A. Well, Willie Frazer was with him --

19 191 Q. Yes.

20 A. -- earlier on. But it would be a member of the British

21 Secret Service.

22 192 Q. O.K. Now, at tab -- sorry, at the next page, it's page

23 192, this is a transcript of a meeting between Willie

24 Frazer and Garda Jim Sheridan in Dundalk Garda Station on

25 the 19th of September 2003, so it's about eleven days later

26 and it's a note prepared by the guard, I believe, and I'm

27 not going to open all of it, just part of it:

28 "WF: Here is dossier. We have me(sic) Judge Cory." I

29 think that must mean "we have met Judge Cory." "Have you

30 checked out the houses?"

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 66

1 So, would you agree with me that that indicates that

2 Mr. Frazer has met Judge Cory?

3 A. That's right.

4 193 Q. And evidence I think has been given, I think Mr. Sheridan

5 has given evidence that Mr. Frazer came and came with a

6 dossier of complaints about alleged garda collusion?

7 A. Yes.

8 194 Q. And over the second page, the next page, Mr. Corrigan, you

9 will see about five lines from the top in fact, they start

10 discussing the Omeath house, O.K. And you are aware that

11 an allegation is being made against you by Mr. Keeley about

12 you destroying evidence arising from the seizure of Omeath

13 house, isn't that so?

14 A. Yes.

15 195 Q. Now, chronologically, the next thing that happens is at tab

16 21, Mr. Corrigan, and we get the publication of Judge

17 Cory's report on 7th of October 2003. Were you -- did

18 Judge Cory contact you at all during his inquiry?

19 A. No.

20 196 Q. Were you provided with a copy of the report ultimately?

21 A. No.

22 197 Q. O.K. Just one part of Judge Cory's report I want to refer

23 you to is just the third page in in that tab, and it's

24 paragraph 2.21: "Prior meetings at garda stations across

25 the border" do you see that?

26 A. Which page is that?

27 198 Q. The third one in in tab 21. You have to go no the next

28 tab.

29 A. I am on tab 21.

30 199 Q. It's the third page in. The beginning of tab 21 is Judge

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 67

1 Cory's report, do you see that?

2 A. That's right, yes, I have that.

3 200 Q. Then the next page is the index page.

4 A. I have that, yes.

5 201 Q. And then the next page is entitled: "Prior meetings at

6 garda stations across the border."

7 A. That's right.

8 202 Q. I want to open paragraph 2.21. Judge Cory says:

9 "Obviously, Superintendent Buchanan, in his role as Border

10 Superintendent, met frequently with garda officers in the

11 . His diary demonstrates the frequency

12 of his visits. For example, in the month of January" --

13 this is January '89 -- "he made ten visits south of the

14 border: five to Dundalk; three to Monaghan and two to

15 Carrickmacross. In February he made five visits to Dundalk

16 and three to Monaghan. Prior to the meeting on 20th, he

17 had attended, in the month of March, four meetings in

18 Dundalk, one in Monaghan and one in Carrickmacross. On

19 these occasions Superintendent Buchanan drove his own

20 vehicle, a red Vauxhall Cavalier which he had owned since

21 December 1986; it had northern licensed plates and was

22 readily identifiable."

23

24 Now, what -- and I know you have a high regard of the late

25 Superintendent Buchanan, isn't that correct?

26 A. That's correct, yes.

27 203 Q. But leaving aside the identity of him, like, what do you

28 say about the safety of an RUC officer driving down the

29 south in the same car with the same number plates with the

30 frequency identified by Judge Cory in that paragraph?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 68

1 A. Oh, I think it's absolutely horrendous to be so

2 irresponsible.

3 204 Q. Well, in terms of irresponsible, do you think he just

4 didn't display sufficient care for his safety?

5 A. No... well, it was in relation to some aspect of his

6 religious belief that he felt that the man above would take

7 care of him in any given situation that might arise.

8 205 Q. But we have been here investigating these murders for a

9 long time in terms of trying to identify collusion. Would

10 you agree with me that the likely cause of the murders of

11 these two unfortunate officers was the fact that the

12 frequency with which Mr. Buchanan was visiting made him an

13 easy target for IRA surveillance?

14 A. I couldn't agree with you more, Mr. O'Callaghan.

15 206 Q. 22, Mr. Corrigan, if you go to tab 22. We just have at tab

16 22 --

17 A. Like, everybody in the place, as I mentioned to you several

18 times, he was causing absolutely panic by coming around the

19 place and people were terrified of their lives because I

20 mean, if the IRA come down the road and you are standing

21 with an RUC man, bullets are not selective, you know, you

22 are as big a target as the guy you are speaking to.

23 207 Q. O.K. At tab 22, then, Mr. Corrigan, is the official

24 Statutory Instrument setting up...

25 A. 22A, is it?

26 208 Q. No, 22.

27 A. Oh, 22.

28 209 Q. Is the official Statutory Instrument setting up this

29 Inquiry; it's just a document of importance. It's 2005,

30 then, this Inquiry was set up, you are aware of that,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 69

1 aren't you?

2 A. Yes.

3 210 Q. Now, if you look at 22A, 22A is another document that has

4 come out from the HMG files, and it is relevant because it

5 indicates what the army intelligence is about the murders

6 of Breen and Buchanan. And I just want to open this to you

7 and then ask you some questions about it.

8 "Summary of army intelligence for Smithwick Tribunal:

9 1. On 3 April 1989 the army received intelligence from an

10 agent reporting that a conversation had taken place in

11 which a named Catholic man and two unknown men briefly

12 referred to the fact that Chief Superintendent Breen and

13 Superintendent Buchanan had been killed. One of the named

14 men implied that PIRA had been responsible. The murder of

15 Lord Justice Gibson was also referred to in the

16 conversation. The agent suggested the named man might have

17 been involved or had knowledge of the murder. Although the

18 agent was fairly reliable, the army was not confident that

19 the intelligence was true.

20

21 2. On 10 April 1989 the army received intelligence from an

22 agent suggesting that a further three named PIRA men were

23 involved in the shooting of the two RUC officers, one was

24 reported to have been involved in clearing the route while

25 the others had taken part in the shooting. Although the

26 agent was usually reliable the army was mot confident that

27 the intelligence was true.

28

29 3. On 25 September 1995, the army received intelligence

30 from an agent suggesting that a further named PIRA man, not

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 70

1 one of those named in the intelligence dated 10 April 1989,

2 had been one of those responsible for shooting the two RUC

3 officers. The intelligence came from a fairly reliable

4 agent and was assessed by the army to be possibly true.

5 The intelligence was provided by three different army

6 sources. It was standard practice for the army to share

7 intelligence with the RUC within 24 hours of receiving it."

8

9 So, would you agree with me, Mr. Corrigan, that when you

10 look at what intelligence the British Army had in respect

11 of the murders of Breen and Buchanan, none of that evidence

12 suggests that either you or a garda officer was involved in

13 the collusion colluding in this murder?

14 A. Absolutely not one iota.

15 211 Q. And that is a document which covers intelligence from '89

16 up to, I think, up to the present, isn't that so?

17 A. That's right.

18 212 Q. The reason I bring that to your attention is that, are you

19 aware that the only evidence -- in fact I want to preface

20 this differently: You know there is no direct evidence

21 against you suggesting that you were involved in the murder

22 of these two officers, are you aware of that?

23 A. I am well aware at all times; I was always aware of it.

24 213 Q. But no one has come in here, not even Mr. Keeley or

25 Mr. Hurst, no one has come in here and given direct

26 evidence such as, you know, "I heard him on the phone, I

27 saw him doing this"; you are aware of that and Mr. Keeley,

28 in his evidence, says he has no direct evidence against

29 you, OK?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 71

1 214 Q. So the only evidence against you is what can be called

2 indirect evidence?

3 A. Yes.

4 215 Q. And the only pieces of evidence against you are twofold?

5 A. Yes.

6 216 Q. First, Mr. Keeley says that on the day of the murders he

7 was in 'Mooch' Blair's house and Mickey Collins came in and

8 said the two RUC officers have been killed, "our friend"

9 helped out?

10 A. Well that's the point I was referring to earlier, that's

11 exactly it. That's as near as they came to.

12 217 Q. And that's what... and we will look at this in more detail

13 now the next day, but that's the primary piece of indirect

14 evidence against you, and Mr. Keeley says "well I assumed

15 that it was Owen Corrigan"?

16 A. Yes.

17 218 Q. O.K. And then there is other less, even less tenuous

18 evidence from Mr. Hurst. Mr. Hurst claims that he was told

19 by a British Army FRU officer that you had provided

20 information, and the British Army officer came here,

21 Witness 82, and he said that's all rubbish, you are aware

22 of that?

23 A. Yes.

24 219 Q. So the reason I have opened this to you Mr. Corrigan, is,

25 are you aware that at the time in the murders, in 1989,

26 Mr. Keeley was an army agent?

27 A. Oh yes, of course.

28 220 Q. And I asked him in cross-examination whether he had

29 provided this information about what was said in 'Mooch'

30 Blair's house to his army handlers; are you aware of that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 72

1 A. Yes.

2 221 Q. And do you know what his answer was?

3 A. Yeah.

4 222 Q. He said he did provide that information. Now, would you

5 agree with me that if he did provide that information, it

6 would be provided to this Tribunal by the army, the British

7 Army?

8 A. Yes.

9 MR. SMITH: I don't think, Chairman, Mr. Corrigan can

10 answer that question. That is a matter for --

11

12 CHAIRMAN: I think that is a matter of inference. It will,

13 no doubt, be a matter for the written submissions which

14 Mr. O'Callaghan will be making.

15

16 MR. O'CALLAGHAN: Fair enough.

17 223 Q. You agree with me there is nothing in the record of the

18 British Army intelligence in respect of the murders that

19 suggests garda collusion?

20 A. No.

21 224 Q. O.K.

22

23 MR. O'CALLAGHAN: Chairman, I am conscious we are all

24 trying to get through Mr. Corrigan as quickly as possible,

25 but I think we have another witness at two o'clock as well,

26 so I don't think Mr. Corrigan is keen to do anything this

27 afternoon and I spoke to him about that earlier on.

28

29 CHAIRMAN: I know that I suggested he take his medical

30 advisor's advice on that, and evidently he has done it and

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 73

1 he doesn't want to continue this afternoon, I'll certainly

2 accept that. So you want to discontinue now, do you? It's

3 just before one o'clock.

4

5 MR. DILLON: Can it be confirmed to Mr. Corrigan can come

6 back to us on Wednesday at 11 o'clock?

7 A. Yes.

8

9 MR. O'CALLAGHAN: And I will hope to finish Mr. Corrigan on

10 Wednesday, Chairman.

11

12 CHAIRMAN: Yes. Thank you very much, Mr. O'Callaghan.

13 Thank you, Mr. Corrigan.

14 A. Thank you, Mr. Chairman.

15

16 CHAIRMAN: Very well, I will rise then until 2 o'clock.

17

18 THE TRIBUNAL THEN ADJOURNED FOR LUNCH. 19

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Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 74

1 THE TRIBUNAL CONTINUED AFTER LUNCH AS FOLLOWS:

2

3 MR. VALENTINE: Good afternoon, Chairman. Chairman, we

4 have one witness for you this afternoon, and that's Mr. Jim

5 Lane. If Mr. Lane could be called. 6

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Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 75

1 JIM LANE, HAVING BEEN SWORN, WAS EXAMINED BY MR. VALENTINE

2 AS FOLLOWS:

3

4 MR. VALENTINE: Good afternoon, Mr. Lane. Thank you for

5 coming back to the Tribunal. I think you gave evidence to

6 the Chairman on Day 12 of the public proceedings, which was

7 on the 24th June, 2011, isn't that correct?

8 A. That's correct, yes.

9 225 Q. I think you were examined by Mrs. Laverty, Senior Counsel,

10 on that occasion. And the Tribunal has asked you to come

11 back to deal with a matter which arises from evidence given

12 last week by Detective Chief Superintendent Roy McComb an

13 behalf of the Police Service of Northern Ireland.

14 On Wednesday last, Mr. McComb put into evidence before the

15 Chairman five précis of intelligence, and I think you are

16 aware that one of those précis of intelligence makes

17 reference to you, isn't that correct?

18 A. That's correct, yes.

19 226 Q. And I'd ask Mr. Mills to hand you a copy of the relevant

20 précis. It was précis number 5 in the order of sequence in

21 which Mr. McComb put those into evidence. I'll ask

22 Mr. Mills to put it up on the screen as well. I am just

23 going to read it to you, Mr. Lane, and then ask you to

24 offer your comments to the Chairman in relation to it.

25

26 The précis states: "Intelligence indicates that a former

27 AGS officer, Jim Lane, who was based in the Dundalk area

28 frequently expressed his concerns to associates that fellow

29 AGS officers Finbarr Hickey, Leo Colton and Owen Corrigan

30 had unethical relationships with PIRA members in the border

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 76

1 area."

2

3 Before I ask you to comment on that, Mr. Lane, I think I

4 should just state what we don't know about this précis of

5 intelligence, just for the purpose of clarity, we don't

6 know when this intelligence was received by the PSNI, other

7 than that it was received in the past six years. We also

8 don't know whether, when it was received, it was

9 contemporaneous; in other words, it was reporting something

10 that had been -- that you are purported to have expressed

11 to associates just around the time before it was received,

12 or whether it was historical. Those are things we don't

13 know. But can you assist the Chairman in relation to that

14 piece of intelligence and as to the --

15 A. If it's six years... Judge, I am retired almost 13 years,

16 anyhow, and I am aware of this intelligence that was from

17 last Thursday, but I can truly say that the only

18 conversation I had in relation to Finbarr Hickey, Leo

19 Colton and Owen Corrigan was that we would have

20 discussed -- with my colleagues and myself, we would have

21 discussed the incidents that they were involved in. That

22 would be quite natural, that we would have done that,

23 because we were working together every single day and we

24 were -- we would have been -- they were colleagues of ours,

25 and it would have been natural to discuss the incidents;

26 namely, the passport incident and the kidnapping of Owen

27 Corrigan. We would -- it would be -- even though I cannot

28 remember any specific conversation I had about them, but it

29 would be natural to say that we would have discussed those

30 things among one another.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 77

1 227 Q. Well, let's just take the three individuals named, one by

2 one, Mr. Lane. First of all, sorry, there is one thing I

3 should have additionally said when I put the information to

4 you, is that the PSNI said that -- it gave it an assessment

5 of being reliable and accurate. Let's just then take those

6 three, the three individuals named. Let's start with

7 retired Detective Sergeant Owen Corrigan. You initially

8 said incidences. What incidences -- incidents -- incident

9 or incidences would you have discussed in relation to

10 Detective Sergeant Owen Corrigan?

11 A. The main incident, as far as I am concerned, is that he was

12 kidnapped in Drogheda and beaten up.

13 228 Q. I'll come to that in a second. You refer to the "main

14 incident," which implies there are other more minor

15 incidents that you may have discussed. I wonder could you

16 assist the Chairman with that?

17 A. No, I wouldn't -- I can't, because the only incident we

18 would have discussed was the incident that he was involved

19 in.

20 229 Q. So you are saying it's the only incident that you would

21 have discussed in relation to Owen Corrigan?

22 A. I would say so.

23 230 Q. And what was the nature -- would that discussion -- when

24 would those discussions have taken place?

25 A. Probably the time he was kidnapped and beaten up and

26 detained in hospital.

27 231 Q. Which I think was in 1996 -- '1995, Mr. Dillon tells me; is

28 that correct?

29 A. I don't know what year it was. It was before I retired

30 anyhow, yeah.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 78

1 232 Q. Would you have had discussions in relation to

2 Mr. Corrigan's kidnapping in more recent years?

3 A. No.

4 233 Q. And what was the nature of the discussions you had in

5 relation to Detective Sergeant Corrigan's kidnapping around

6 that time in '95/'96?

7 A. I don't know what exactly we would have talked about. We

8 would have talked about -- it's 15 years ago, Judge, and I

9 don't know what exactly the conversation was about, but I'm

10 sure we would have talked about it.

11 234 Q. Would you have speculated as to why he was kidnapped?

12 A. I have no idea, nor I never had any idea why he was

13 kidnapped.

14 235 Q. I think, if I just refer briefly to your evidence to the

15 Chairman on the 24th of June, 2011. I think, in response

16 to a question from Mr. Baker, you indicated that you

17 visited Owen Corrigan in hospital -- I'm reading, sorry,

18 from page 16 of the transcript for Day 12. You say, in

19 relation to Mr. Corrigan, and the answer to question 107:

20 "I know he was kidnapped and I know he got a very bad

21 beating. I visited him that time in hospital. He

22 certainly got a bad beating."

23 So you visited Mr. Corrigan in hospital?

24 A. I did, yes.

25 236 Q. Was that in an official capacity as part of an

26 investigation, or in a personal capacity?

27 A. No, that's in a personal capacity. I had known him from

28 1965. I knew -- I have known Owen Corrigan from 1965.

29 237 Q. Did you ask Mr. Corrigan who had kidnapped him?

30 A. I didn't ask him what happened to him or how -- what were

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 79

1 the circumstances. I didn't ask him any of that.

2 238 Q. Why not?

3 A. Well, I called -- he was in -- that was the night of the

4 kidnapping, and he was in a very bad state in the hospital.

5 It wasn't the time nor the place to ask him those things.

6 239 Q. Surely, it's when you visit someone in hospital and they

7 are in a bad state, it's possibly the first thing you ask

8 them. Well, you ask them how they are. It's the second

9 thing you ask them: "What happened to you?"

10 A. I didn't. As far as I remember, I didn't ask him that, My

11 Lord, no.

12 240 Q. And you don't recall whether you speculated with colleagues

13 as to what had happened to him or who had kidnapped him?

14 A. We have no idea who kidnapped Owen Corrigan.

15 241 Q. Did you tell any colleagues that you had visited him, and

16 outline the state he was in?

17 A. Pardon?

18 242 Q. After you visited him in hospital, when you went back to

19 work after that, did you tell people that you had visited

20 him and tell them that he was in a bad way?

21 A. Yes, I am sure I did.

22 243 Q. And at that point, was there speculation about what had

23 happened to him?

24 A. I don't remember, Judge. There probably was, but I don't

25 remember exactly what the speculation was about, I don't

26 remember.

27 244 Q. Turning, then, to Mr. Hickey and Mr. Colton, you indicated

28 that -- you again referred to just one incident, that's the

29 incident of the passport affair, is that right?

30 A. That's correct, yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 80

1 245 Q. And would that have been the only incident in relation to

2 those two gentlemen where you would have had general

3 discussions with your colleagues about --

4 A. Yes.

5 246 Q. -- their involvement in it? What was the nature of those

6 discussions with your colleagues?

7 A. Again, it's a long time ago, I don't know the exact nature

8 of what we talked about. We would have talked about what

9 did happen and that -- the fact that Finbarr Hickey was

10 arrested and charged.

11 247 Q. I think, in fairness, when you were here on the 24th of

12 June, you said that you -- you gave evidence to the

13 Chairman, I'll just read the exact words in a second, that

14 you accepted the version of events in relation to the

15 passport affair given by Finbarr Hickey. You were asked at

16 page 10, question 74:

17 "And do you believe that, do you believe

18 Mr. Hickey, Mr. Hickey's version of events?"

19 And you answered:

20 "Well, I may be biased but I have known Finbarr

21 Hickey since he was a child. He was living at

22 the station when I was at the station. I have

23 known him since he was a child, and it is my

24 opinion that he wouldn't say that unless it was

25 true."

26 You were then asked:

27 "Have you ever had any suspicion or information

28 over the years that Finbarr Hickey had any

29 connection with the IRA prior to this

30 incident?"

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 81

1 And you replied "No."

2 So, would you have been expressing that view to colleagues

3 around the time that Finbarr Hickey and Leo Colton were

4 brought to Navan Garda station when this initially blew up?

5 A. Expressing that opinion?

6 248 Q. Expressing that opinion, yeah?

7 A. Maybe. It's quite possible.

8 249 Q. Would you have been expressing the opinion, or did you

9 discuss with colleagues the fact that you thought Leo

10 Colton, therefore, was the person who got Finbarr Hickey to

11 sign these passports?

12 A. That's what Finbarr Hickey said.

13 250 Q. When did you become aware that that's what Finbarr Hickey

14 said?

15 A. I don't know that. I don't know that. I wasn't

16 investigating the case, but I don't know when I became

17 aware of, or how near or during the investigation when that

18 -- as I say, I don't know exactly that date.

19 251 Q. In fairness, I should also indicate to you -- I've

20 indicated what you said in relation to Mr. Hickey. In

21 relation to Mr. Corrigan, I should also indicate that you

22 stated in evidence to the Chairman, that in relation to the

23 allegations about Mr. Corrigan being a mole, you stated at

24 page 9:

25 "I do not believe those allegations, Judge. I

26 have known Owen Corrigan a lifetime, and I do

27 not believe them, but that is only my opinion?"

28 Later down that page, question 69, you were asked:

29 "Did you at any stage receive information that

30 might suggest that he had behaved less than

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 82

1 properly as a member of the Gardaí."

2 And you replied "No."

3 Other than general discussion in relation to the passport

4 incident and the kidnapping of Owen Corrigan, did you ever

5 express a concern to any associate of yours that

6 Mr. Corrigan or Mr. Hickey - we'll come to Mr. Colton in a

7 second - had unethical relationships with Provisional IRA

8 members in the border area?

9 A. I had no idea until the passport incident that this was a

10 fact. I had no idea.

11 252 Q. You had no idea that what was a fact, sorry?

12 A. That they had unethical relationship with the Provisional

13 IRA.

14 253 Q. Just to be clear, who are you speaking about here?

15 A. I'm talking about Finbarr Hickey and Owen Corrigan, that

16 you asked me about.

17 254 Q. Yeah. But when the passport matter came to light, what had

18 that got to do with Owen Corrigan?

19 A. Oh, none, none, but -- nothing whatsoever got to do with

20 Owen Corrigan, that I know of, anyhow.

21 255 Q. So the first time you had discussions in relation to

22 Mr. Corrigan would have been the kidnapping, is that your

23 evidence?

24 A. That's the first incident that he was involved in.

25 256 Q. And in relation to Mr. Colton, then, prior to the passport

26 incident, would you ever have had discussions with

27 colleagues about Mr. Colton possibly being involved in some

28 way with subversives?

29 A. No, I had no idea that he had any unethical relationship

30 with the Provisional IRA.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 83

1 257 Q. And just to be clear, these general conversations you had

2 in relation to the passport incident and the kidnapping

3 incident, they were around the time that those incidents

4 were live, so to speak, or were current?

5 A. That's right, yes.

6 258 Q. And you haven't had any discussions with associates about

7 them in more recent years?

8 A. No.

9 259 Q. Let's turn, then, to just the Tribunal, and let's

10 particularly, because there has been so much media

11 coverage, let's focus on the last twelve months, given that

12 the Tribunal has been running in public hearings and that

13 there has been media coverage in relation to that. Have

14 you had any discussions about the Tribunal's terms of

15 reference with associates in the past twelve months?

16 A. Very rarely would I have discussed the Tribunal with any of

17 my colleagues. I don't see them that often, and it would

18 be very rarely that we would -- sometimes, we'd say

19 somebody said such a thing at the Tribunal or -- it would

20 be just general conversation about what was happening.

21 260 Q. So there have been some discussions within the past twelve

22 months, is that a fair analysis of what you said?

23 A. Very rarely.

24 261 Q. Very rarely, but some?

25 A. Some, yes.

26 262 Q. Does the content of any of those stick out in your mind

27 about -- do you recall any conversations in relation to the

28 evidence of any specific individual?

29 A. No, I do not.

30 263 Q. Do you recall the content of those conversations with any

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 84

1 degree of specificity at all?

2 A. I can't, Judge. It would be general; just, we'll say,

3 somebody said such a thing at the Tribunal, and that's the

4 conversation, just on that term.

5 264 Q. Do you recall who you had these very rare conversations

6 with?

7 A. Probably the people that I used to work with in the

8 station. They are now retired and I'm retired.

9 265 Q. Who would they be?

10 A. Tom Molloy, Tom Duffy, probably generally, that would be --

11 they'd probably be the only two I would have ever mentioned

12 the Tribunal to.

13 266 Q. Is 'unethical' a word that you would use?

14 A. Never. I would never use that word.

15

16 MR. VALENTINE: Thank you very much, Mr. Lane. If you

17 answer any questions any of my colleagues might have.

18

19 CHAIRMAN: Any questions?

20

21 MR. ROBINSON: I have some questions, Mr. Chairman.

22

23 THE WITNESS WAS CROSS-EXAMINED BY MR. ROBINSON AS FOLLOWS:

24

25 267 Q. MR. ROBINSON: Mr. Lane, my name is Mark Robinson. I

26 appear on behalf of the PSNI.

27 If I can just go to the period of time to 1988 when

28 Mr. Corrigan was the senior Detective Sergeant there in

29 Dundalk, and I wonder if you can recall any rumours that

30 were spread at the time regarding Mr. Corrigan?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 85

1 A. I don't know what that man -- I don't know exactly what you

2 are talking about.

3 268 Q. Were there any rumours around that time regarding

4 Mr. Corrigan?

5 A. I don't think so.

6 269 Q. Mr. Corrigan gave evidence that -- you have heard of the

7 SB50 from 1985, Mr. Lane, have you?

8 A. Pardon?

9 270 Q. Have you heard of the SB50 document from 1985?

10 A. No, I don't know --

11 271 Q. It's an RUC intelligence document, and it states that "Owen

12 Corrigan is helping out the PIRA. Owen Corrigan is keeping

13 both the boys and the organisation well-informed and he

14 let's the boys know what the security forces are doing in

15 the North when he can."

16

17 Now, during Mr. Corrigan's evidence, he stated, on Day 114,

18 a number of questions were put to him and his evidence was

19 that he had heard the contents of that SB50 as rumour

20 circulated by PIRA during his time as the lead detective in

21 Dundalk to damage his reputation. Were you aware of that

22 rumour at the time?

23 A. I wasn't, no, My Lord, no, definitely not.

24 272 Q. Definitely not?

25 A. Definitely not.

26 273 Q. And just to be very clear, this is a unit of approximately

27 ten detectives up until the changes brought in by the

28 Anglo-Irish Agreement?

29 A. It would be what?

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 86

1 CHAIRMAN: The Detective Unit at Dundalk was approximately

2 ten detectives at that point?

3 A. Oh, that would be right, yeah, that would be correct.

4

5 274 Q. MR. ROBINSON: And that's a relatively small unit,

6 Mr. Lane, is it not?

7 A. It is.

8 275 Q. And you would need to keep each other briefed in relation

9 to what is happening on the ground, you would accept that?

10 A. Yes, yes.

11 276 Q. You needed to know what PIRA were doing?

12 A. Yes.

13 277 Q. And if, for example, there were adverse rumours spread by

14 PIRA, you would know about that?

15 A. I think I would, My Lord, yes.

16 278 Q. You see, Mr. Corrigan states that his team would, of

17 course, have been aware of that rumour at the time in 1985.

18 Is your evidence that -- is your evidence that there was no

19 such rumour?

20 A. I was not aware of any rumours about Sergeant Corrigan at

21 that time.

22 279 Q. And, of course, you would have briefed each other. Were

23 you in exactly the same detail as Mr. Corrigan, did you

24 work with Mr. Corrigan?

25 A. Yes, I did, I was attached to the same office as

26 Mr. Corrigan, yes.

27 280 Q. And, no doubt, something like that would not have escaped

28 your attention?

29 A. It shouldn't have had.

30 281 Q. And let's be very clear, because Mr. Corrigan was then

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 87

1 further questioned that -- to confirm whether or not his

2 whole team would have known about this, and he said that

3 they would be aware. You can't recall anything regarding

4 that?

5 A. I don't remember any of that rumours at all.

6 282 Q. Did you hear any adverse rumours regarding Mr. Corrigan

7 during this time in Dundalk?

8 A. No.

9 283 Q. Nothing?

10 A. Nothing.

11 284 Q. And moving, then, to the period when Mr. Corrigan was on

12 sick leave, that's December 1989, he then retired in

13 February 1992. He also gave evidence that he would discuss

14 matters with his colleagues in Dundalk from time to time

15 and pass on information, were you aware of that?

16 A. Not generally, My Lord. I didn't -- he wasn't my sergeant

17 at that time before he had retired. I wasn't working on

18 his unit.

19 285 Q. I asked you were you aware of that?

20 A. I was not aware, no.

21 286 Q. So your evidence is that you heard nothing regarding the

22 passing of information from Mr. Corrigan to An Garda

23 Siochana during the sick leave?

24 A. No, I didn't hear of any suspicious rumours about Sergeant

25 Corrigan.

26 287 Q. I'm not asking about suspicious rumours. I am asking --

27 Mr. Lane, to be very clear, he gave evidence that he did

28 pass information to the guards whilst he was on sick leave,

29 and that continued until he retired in 1992.

30 A. I don't know about that, My Lord, I don't know.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 88

1 288 Q. Is it not correct, Mr. Lane, that you ought to have been

2 aware of that, because this could have been vital

3 information?

4 A. But it all depends on who he reported it to. He may well

5 have reported that, if he knew someone, he may well have

6 reported that to a higher authority and it come down from

7 them.

8 289 Q. And, Mr. Lane, you were a part of this unit prior to the

9 changes. Who would have been the closest detectives to

10 Owen Corrigan at the time?

11 A. I knew him the longest, anyhow. I knew him from 1965.

12 Everybody. It was a close-knit unit. I wouldn't say there

13 was one more friendly with him than the other. It was a

14 close-knit unit, enough.

15 290 Q. Is it correct, Mr. Lane, that you arrived in Dundalk, is it

16 a year before Owen Corrigan or the same time?

17 A. No, I came in 1964. He came to Dundalk, I think, in '65.

18 291 Q. Yes. So you were there a year before he arrived. And even

19 after he retires in '92, you visit him then in hospital in

20 '95 after the kidnapping?

21 A. Yes.

22 292 Q. And what level of contact did you have with Mr. Corrigan

23 between the time he went on sick leave and the time you

24 visited him in hospital in '95?

25 A. Very little, very little contact.

26 293 Q. Why then visit him in hospital if you had very little

27 contact with him?

28 A. I visited him purely on a personal basis.

29 294 Q. Can I suggest to you, Mr. Lane, that you knew Owen Corrigan

30 the longest?

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 89

1 A. Yes.

2 295 Q. The reason you visited him after he had retired some three

3 years later was because you were good friends with

4 Mr. Corrigan, isn't that correct?

5 A. I was what?

6 296 Q. You were good friends with Mr. Corrigan?

7 A. I never -- I worked with Owen Corrigan and I was friendly

8 with him, but I never went about with Owen Corrigan or

9 anything --

10 297 Q. Sorry, could you repeat that?

11 A. I never went about with him or socialised with him.

12 298 Q. Sorry, could you repeat that, please?

13

14 CHAIRMAN: He never went about with him or socialised with

15 him.

16

17 299 Q. MR. ROBINSON: So three years after he actually left on

18 sick leave in '89, so some six years after that, you then

19 make a personal visit to him in hospital?

20 A. Yes.

21 300 Q. And you didn't socialise with this man, is that your

22 evidence?

23 A. That's my evidence. I didn't --

24 301 Q. Why did you not socialise with him, given it was such a

25 close unit?

26 A. Because I am not a great man for socialising, anyhow.

27 302 Q. And when you then attended the hospital in '95, you say in

28 your statement that you were -- you didn't know who

29 kidnapped him or why he was kidnapped. And again, the

30 Tribunal's counsel has touched upon this. You actually

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 90

1 visited someone that is badly injured in hospital and you

2 don't ask anything about what led to them being in

3 hospital?

4 A. That's right. That's the condition he was in. I didn't

5 think it was the right thing to do the night I called to

6 him.

7 303 Q. And did you hear prior to your visit that he had been

8 kidnapped? How did you come to know that he was in

9 hospital?

10 A. I don't know who told me he was in hospital, but it came,

11 the word came to the station that he was in hospital,

12 anyhow.

13 304 Q. Now, Mr. Lane, let's just be very clear, because your

14 memory suits on some occasions, then you can't remember

15 quite significant events. Primarily, it's not every day

16 that a colleague, a retired colleague gets abducted and

17 beaten up, is it?

18 A. No, but it's a long time ago, sure.

19 305 Q. It's not that long ago to forget about it. Have you had

20 other retired colleagues abducted and beaten up recently?

21 A. No, never.

22 306 Q. So it's a -- it's pretty, would you say a unique

23 experience?

24 A. It was, yes.

25 307 Q. And Mr. Corrigan has given evidence that he believes it was

26 because he was a guard that he was beaten up. Did he

27 express that to you?

28 A. That night?

29 308 Q. At any stage, did he express that view to you?

30 A. No, he did not, My Lord, no.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 91

1 309 Q. And did he express the view that he believes he was beaten

2 up because PIRA were under pressure or were getting hassle

3 from Dundalk Detective Branch and they were going to take

4 them on? Did he mention that to you?

5 A. Owen Corrigan did not. Owen Corrigan -- he did not make

6 any statement of complaint.

7 310 Q. That's not -- I'm not asking about a statement of

8 complaint; I'm asking what he said to you.

9 A. He did not express that opinion to me.

10 311 Q. Sorry, could you please speak a little louder.

11

12 CHAIRMAN: He did not express.

13 A. Did not, yes.

14 312 Q. MR. ROBINSON: And you didn't ask?

15 A. I didn't ask.

16 313 Q. And if, in fact, what he says is correct, that PIRA

17 kidnapped him because the Detective Branch in Dundalk were

18 giving him hassle, he should have warned you at least? You

19 were still part of the Detective Branch in Dundalk, that's

20 correct?

21 A. I was still part, yes.

22 314 Q. And he didn't say "By the way, PIRA are going to take you

23 on"?

24 A. No, I never heard that rumour.

25 315 Q. You heard nothing about that?

26 A. I heard nothing about that, no.

27 316 Q. No warning to look after your personal safety because they

28 could kidnap someone else?

29 A. No.

30 317 Q. And Mr. Corrigan has also given evidence that, and I am

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 92

1 subject to correction, but he was asked about the personnel

2 in Dundalk, who they were, etc. You weren't warned that

3 the personnel in Dundalk were being discussed?

4 A. No.

5 318 Q. I believe it's also the case that Mr. Corrigan gave

6 evidence that operations, or inquiries were made about

7 operations that had gone wrong, PIRA operations that had

8 gone wrong, and wanted to find out how An Garda Siochana

9 knew how they went wrong, about sources, who was providing

10 information. Did you hear anything about that at the time?

11 A. No.

12 319 Q. And it's correct that you would expect to hear something

13 like that if that was true?

14 A. It's possible, yes.

15 320 Q. Well, it's crucial, is it not? If PIRA are kidnapping

16 retired guards because Dundalk Detective Branch were taking

17 them on, you should know about that? You accept it's

18 crucial?

19 A. I would accept that, yes, if that was what was happening.

20

21 MR. ROBINSON: I have no further questions.

22

23 MR. LEHANE: Mr. Chairman, just in light of that

24 questioning, could I ask this witness some questions?

25

26 CHAIRMAN: Yes, of course.

27

28 THE WITNESS WAS CROSS-EXAMINED BY MR. LEHANE AS FOLLOWS:

29

30 321 Q. MR. LEHANE: Mr. Lane, this is your second time here, isn't

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 93

1 that right?

2 A. That's right.

3 322 Q. In fairness to you, you gave evidence the first time you

4 were here about the kidnapping of Mr. Corrigan, isn't that

5 right?

6 A. That's right, yes.

7 323 Q. And you told the Tribunal, in answer to questions by

8 counsel for the Garda Commissioner, that you went to visit

9 Mr. Corrigan, that you were speaking to him in hospital and

10 that his face was definitely very badly marked, isn't that

11 right?

12 A. That's right, yes.

13 324 Q. And on that occasion, sir, am I correct in saying you

14 weren't asked any questions by counsel for the PSNI, if you

15 can remember?

16 A. Pardon?

17 325 Q. Were you asked any questions by counsel for the PSNI on

18 that occasion?

19 A. No.

20 326 Q. No, you weren't, you're quite right. Now, reference has

21 been made by My Friend to your visit to Mr. Corrigan in

22 hospital. You have given evidence to the Chairman that you

23 worked with Mr. Corrigan since 1965, isn't that right?

24 A. I didn't work all that time with him. But I knew him from

25 1965.

26 327 Q. Sorry, you worked with him and you had a good relationship

27 with him in a work context, isn't that right?

28 A. Yes.

29 328 Q. Would you agree with me that there is nothing particularly

30 untoward about you going to visit a former colleague who is

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 94

1 seriously injured in hospital?

2 A. I would hope not.

3 329 Q. Reference has been made -- sorry, just in relation to that;

4 in a personal capacity, you were visiting him in a personal

5 capacity, a colleague who has been seriously injured?

6 A. Yes.

7 330 Q. Now, your evidence on the last occasion was that his face

8 was definitely very badly marked, is that right?

9 A. That's right, yes.

10 331 Q. And you can't remember what you spoke to him about on that

11 occasion, is that right?

12 A. I can't remember exactly, the exact words of the

13 conversation we had that night. I don't remember.

14 332 Q. Now, reference has also been made by My Friend to an SB50,

15 an RUC intelligence document that's been opened up before

16 the Tribunal. Are you aware that that SB50 had a grading

17 that was on the low side in terms of accuracy or

18 reliability?

19 A. I am not aware of that, no.

20 333 Q. You have also been asked about my client's evidence that he

21 was aware of rumours circulating or being circulated by

22 subversives in Dundalk. How many subversives were active

23 in Dundalk during the 1980s in terms of both, what I might

24 call, fully paid-up subversives and supportive people of

25 subversives?

26 A. A lot, anyhow. I cannot put a number, but a lot, anyhow.

27 334 Q. Evidence has been given to the Tribunal that there were

28 between three and four hundred subversives or people who

29 were sympathetic to subversives in and around Dundalk?

30 A. There is no doubt that's true.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 95

1 335 Q. Are you in a position to be aware of what all of those

2 people are talking about at any one particular time?

3 A. I definitely am not, no.

4

5 MR. LEHANE: Thank you very much.

6

7 MR. ROBINSON: I just want to make one point, sir, in

8 response. I was asking questions out of the evidence that

9 Owen Corrigan has already given. I did not have the

10 benefit of that and nor did the Tribunal have the benefit

11 of that evidence until very recently. So, in my respectful

12 submission, I was entitled to ask the questions.

13

14 CHAIRMAN: Well, you are entitled to cross-examine, and you

15 have done so.

16

17 MR. ROBINSON: I am very much obliged. There is just one

18 final point if I can ask this witness.

19

20 THE WITNESS WAS FURTHER CROSS-EXAMINED BY MR. ROBINSON

21 AS FOLLOWS:

22

23 336 Q. Mr. ROBINSON: Mr. Lane, Mr. Corrigan described the new

24 regime as a den of vampires, the new regime in Dundalk.

25 Did you agree with that, would you agree with that

26 assessment?

27 A. Not to me personally. The people in charge in Dundalk were

28 okay, as far as I was concerned.

29

30 MR. ROBINSON: No further questions.

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 96

1

2 CHAIRMAN: Any other questions? Assuming --

3

4 MR. VALENTINE: Just two brief matters, Chairman. First of

5 all, in relation to -- this is more a correction of the

6 evidence. Thus far, the evidence given in public in

7 relation to the assessment of the SB50 of 1985 by the PSNI

8 is that it was medium grade. That's -- thus far, that's

9 the evidence that was given in public.

10

11 MR. LEHANE: Sorry, Mr. Chairman, the transcript of the

12 evidence that was given in private by Mr. McConville was

13 read into evidence, and, during the course of the evidence

14 that was read into evidence publicly, sir, reference was

15 made to the low nature of the grading. Evidence has been

16 given to you, sir, in public, by the witnesses who A)

17 collected that information, Witnesses Q and Z, and Witness

18 X, who was their superior, and their evidence, sir, was

19 that, to the best of their recollection, the evidence was

20 either medium or came from a medium source. One of the

21 grounds upon which Mr. O'Callaghan has sought to have the

22 grading of the SB50 actually read out in public hearing is

23 to put that evidence into context, because, in fairness to

24 those officers who gave that evidence, when asked, and on

25 one occasion when asked by you, sir, to Witness Z, to

26 identify the particular grading, they were unable to do so.

27 So I don't think I am breaching --

28

29 MR. VALENTINE: I am not suggesting that it is the case --

30 I think it's the case now, that it's in the public record

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 97

1 that the number in relation to the intelligence as opposed

2 to the source is the lowest number and the evidence is that

3 that means that it's not capable of being tested. But in

4 any event, that's really a matter for the record, and there

5 is still submissions to be made in respect of the grading,

6 so I don't propose to trouble this witness any further with

7 that, Chairman.

8

9 THE WITNESS WAS RE-EXAMINED BY MR. VALENTINE AS FOLLOWS:

10

11 337 Q. MR. VALENTINE: Just two matters arising from the questions

12 asked by Mr. Robinson, Mr. Lane. Did I understand you to

13 say that you had never heard of a garda being kidnapped and

14 interrogated and beaten up? Perhaps I...

15 A. I don't know of any other guard that was kidnapped and

16 beaten up. I don't know.

17 338 Q. Sorry, could you repeat that?

18 A. I don't know of any other guard that was kidnapped and

19 beaten up.

20 339 Q. Do you believe the version of events given by Mr. Corrigan,

21 that he was kidnapped, interrogated and beaten up by the

22 IRA with a view to getting information about his work as a

23 guard and about his fellow gardaí?

24 A. That's what he said, My Lord, yes.

25 340 Q. Do you believe it?

26 A. I have no way of proving what he is saying is true or

27 untrue. I don't know.

28

29 MR. VALENTINE: Very good. Thank you very much.

30 Chairman, that concludes the business for today. I

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 98

1 understand the next session, therefore, is 11 a.m. on

2 Wednesday morning. Thank you very much.

3

4 CHAIRMAN: Until 11:00, then, on Wednesday.

5

6 THE TRIBUNAL ADJOURNED UNTIL WEDNESDAY, 1ST AUGUST, 2012,

7 AT 11 A.M. 8

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Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 1

' 52:12, 52:23, 78:8 2.21 [2] - 66:24, 67:8 3:30pm [1] - 32:3 accept [6] - 3:13, 57:16, 155 [1] - 53:18 2.71 [1] - 40:19 3rd [1] - 31:11 73:2, 86:9, 92:17, 92:19 '1995 [1] - 77:27 157 [2] - 40:21, 48:30 2.74 [1] - 41:9 accepted [1] - 80:14 '65 [1] - 88:17 158 [2] - 40:22, 48:30 2.76 [3] - 40:30, 41:8, 4 accepting [3] - 1:25, '70s [2] - 7:28, 8:9 159 [2] - 42:28, 48:30 41:14 1:28, 34:4 4 [2] - 22:4, 39:12 '80 [1] - 36:14 15th [3] - 48:23, 51:1, 2.77 [1] - 42:4 access [6] - 16:17, 19:4, 43 [1] - 37:23 '80s [1] - 7:28 54:19 2.78 [1] - 42:25 19:7, 19:9, 21:16, 64:3 44 [3] - 38:12, 38:20, '89 [9] - 15:17, 20:1, 16 [4] - 33:19, 33:20, 2.82 [1] - 43:16 accommodate [1] - 3:15 39:25 31:25, 32:3, 49:18, 54:26, 78:18 20 [6] - 6:22, 6:30, 23:6, accommodation [1] - 460 [1] - 15:10 51:5, 67:13, 70:15, 160 [2] - 62:28, 65:4 31:25, 59:28, 59:30 63:24 89:18 16:09 [1] - 63:1 2000 [23] - 15:6, 24:8, accompanied [1] - 60:11 '90s [1] - 7:29 17 [2] - 36:16, 55:18 26:22, 28:3, 28:13, 5 accompany [1] - 30:26 '92 [1] - 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33:5 'Can [1] - 43:19 1975 [1] - 36:13 66:17 action [3] - 23:30, 28:16, 7 [1] - 45:30 'confirmed [1] - 42:29 1979 [1] - 60:16 2005 [1] - 68:29 28:27 74 [1] - 80:16 'even [1] - 10:30 1980s [2] - 60:21, 94:23 2011 [2] - 75:7, 78:15 active [2] - 30:25, 94:22 789 [1] - 52:26 'Garda [3] - 12:16, 33:21, 1985 [6] - 15:21, 35:15, 2012 [2] - 1:1, 98:6 actively [1] - 29:23 7th [2] - 61:20, 66:17 52:20 85:7, 85:9, 86:17, 96:7 203 [1] - 9:19 activities [1] - 63:20 'H' [2] - 22:6, 26:24 1986 [1] - 67:21 20th [7] - 7:17, 9:4, 11:13, activity [2] - 17:27, 38:26 'he [1] - 40:25 1988 [1] - 84:27 32:2, 49:17, 51:23, 8 actual [2] - 37:7, 65:15 'Hermon [1] - 14:5 1989 [19] - 7:17, 9:5, 9:8, 67:16 acutely [2] - 28:22, 30:18 8 [7] - 23:3, 25:28, 28:2, 'If [1] - 43:18 21 [4] - 66:16, 66:27, 10:1, 11:14, 23:6, 42:1, 31:19, 46:30, 47:3, add [3] - 16:29, 51:7, 61:6 'L' [2] - 43:10, 43:12 66:29, 66:30 49:6, 50:2, 51:23, 52:9, 62:30 addition [1] - 18:22 'Mooch' [2] - 71:7, 71:29 52:16, 54:28, 69:9, 21st [1] - 11:13 82 [1] - 71:21 additional [2] - 4:25, 'no [2] - 42:14, 43:20 69:21, 70:1, 71:25, 22 [8] - 49:6, 51:5, 68:15, 8th [1] - 62:29 19:12 'off [1] - 22:23 87:12 68:16, 68:23, 68:26, additionally [1] - 77:3 68:27 'protecting [1] - 24:13 1990s [1] - 36:4 9 address [3] - 4:14, 30:16, 'Slab' [2] - 50:10, 50:20 1991 [1] - 15:21 22A [3] - 68:25, 69:3 49:8 'Sniper' [1] - 20:2 1992 [2] - 87:13, 87:29 22nd [4] - 11:13, 50:1, 9 [5] - 29:6, 48:6, 52:25, addressed [9] - 21:4, 'technical [1] - 36:19 1995 [1] - 69:29 52:16, 53:16 60:11, 81:24 25:12, 26:24, 29:8, 'unethical' [1] - 84:13 1996 [1] - 77:27 23rd [2] - 11:13, 28:13 90 [1] - 47:4 31:14, 32:14, 42:10, 1998 [7] - 17:13, 17:20, 24 [2] - 47:3, 70:7 92 [2] - 17:2, 17:14 63:10, 63:11 1 20:25, 21:1, 21:28, 24th [3] - 75:7, 78:15, 93 [1] - 21:4 adds [1] - 15:9 35:5, 63:28 80:11 94 [1] - 22:5 adduce [1] - 45:12 1 [5] - 17:4, 17:10, 23:2, 1999 [7] - 11:15, 14:12, 25 [1] - 69:29 9th [4] - 47:3, 61:9, 63:6, adept [1] - 35:27 31:19, 69:9 22:1, 22:8, 25:11, 253 [1] - 9:20 64:11 ADJOURNED [2] - 73:18, 10 [9] - 28:14, 29:18, 25:15, 35:5 25th [1] - 31:7 98:6 37:22, 48:6, 48:7, 19th [2] - 21:1, 65:25 26 [1] - 31:7 admit [1] - 40:3 53:16, 69:21, 70:1, A 1A [1] - 49:9 26th [2] - 26:22, 32:13 advanced [1] - 15:2 80:16 a.m [1] - 98:1 1B [1] - 49:8 27th [1] - 28:3 advancing [1] - 56:3 107 [1] - 78:19 A.M [1] - 98:7 1C [1] - 49:8 28th [1] - 25:15 advantage [1] - 56:12 10th [4] - 17:13, 17:19, abducted [3] - 16:3, 1D [1] - 49:9 29 [2] - 27:3, 42:6 adverse [2] - 86:13, 87:6 20:24, 39:13 90:16, 90:20 1E [1] - 49:9 29th [2] - 22:8, 58:26 adverted [1] - 1:29 11 [7] - 31:6, 48:6, 48:16, able [4] - 14:4, 17:25, 1F [1] - 49:9 2:00 [1] - 1:9 advice [1] - 72:30 48:22, 73:6, 98:1, 98:7 23:18, 35:11 1G [1] - 49:9 2A [1] - 49:9 advise [2] - 25:30, 64:15 114 [1] - 85:17 abscess [1] - 27:2 1H [1] - 49:9 advised [6] - 25:20, 32:3, 11:00 [1] - 98:4 absolute [1] - 13:5 1ST [1] - 98:6 3 52:28, 53:2, 53:9, 53:26 12 [8] - 15:23, 32:11, absolutely [23] - 7:2, 1st [2] - 57:4, 57:6 advisor [2] - 32:16, 33:4 49:28, 49:30, 50:16, 3 [5] - 20:30, 37:20, 7:30, 8:9, 11:27, 14:26, advisor's [1] - 72:30 50:17, 75:6, 78:18 37:22, 69:9, 69:29 25:1, 25:6, 26:11, 2 advisors [1] - 16:23 13 [2] - 51:20, 76:15 30 [2] - 6:22, 6:30 33:27, 34:14, 34:24, affair [2] - 79:29, 80:15 13th [2] - 46:2, 47:30 2 [7] - 17:9, 23:6, 31:23, 30th [1] - 25:11 40:11, 46:8, 47:16, Affairs [2] - 57:6, 58:26 14 [4] - 9:26, 31:16, 52:3, 37:15, 37:20, 69:21, 30TH [1] - 1:1 52:18, 54:25, 55:25, afford [1] - 3:12 52:7 73:16 31st [1] - 29:6 56:8, 57:3, 62:8, 68:1, afraid [2] - 13:3, 43:6 144 [1] - 39:25 2.104 [1] - 43:23 38 [1] - 53:17 68:18, 70:14 AFTER [1] - 74:1 14th [1] - 6:3 2.106 [1] - 44:2 39 [1] - 26:28 ACC [2] - 23:3, 45:26 aftermath [1] - 9:5 15 [6] - 42:9, 48:25, 49:7, 2.118 [2] - 44:10, 44:12 3:17 [1] - 31:11 ACC's [1] - 22:15

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 2 afternoon [6] - 1:8, 72:27, 47:5, 47:12, 53:1, 53:3, 75:2, 84:23, 92:28, authors [1] - 44:20 beginning [2] - 12:25, 73:1, 74:3, 74:4, 75:4 54:1 95:21, 97:9 availability [2] - 1:12, 66:30 age [1] - 6:28 answered [3] - 51:29, ascertain [2] - 23:11, 1:13 begins [2] - 59:10, 59:30 agencies [2] - 22:26, 80:19 23:18 await [1] - 26:5 behalf [5] - 2:8, 3:6, 3:8, 24:30 Anthony [1] - 19:26 aside [1] - 67:27 aware [87] - 6:4, 9:5, 9:18, 75:13, 84:26 agency [1] - 60:18 anticipates [1] - 27:8 aspect [2] - 27:5, 68:5 10:17, 10:20, 11:23, behaved [1] - 81:30 agenda [1] - 56:4 anxious [2] - 21:11, 21:28 assassination [1] - 7:5 12:19, 13:9, 13:14, behind [1] - 6:14 agent [9] - 60:18, 69:10, anyhow [8] - 76:16, asserted [1] - 42:14 13:20, 15:6, 16:15, Belfast [2] - 10:28, 46:29 69:16, 69:18, 69:22, 77:30, 82:20, 88:11, assess [1] - 64:18 16:24, 20:13, 22:2, belief [1] - 68:6 69:26, 69:30, 70:4, 89:26, 90:12, 94:26 assessed [1] - 70:4 22:9, 22:23, 28:5, believes [4] - 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14:24, blessing [2] - 25:21, 43:3, 46:7, 59:4, 59:6, area [7] - 7:28, 14:22, 16:12 26:10 59:25, 62:4, 62:7, 66:11 B 15:21, 37:7, 75:27, astounded [1] - 22:20 blew [1] - 81:4 allegations [27] - 1:23, 76:1, 82:8 AT [1] - 98:7 background [1] - 47:21 Bloody [1] - 27:7 10:11, 15:9, 28:25, arise [2] - 27:24, 68:7 atrocities [1] - 8:4 bad [5] - 78:20, 78:22, blown [1] - 15:25 29:3, 31:1, 31:8, 36:6, arises [2] - 3:10, 75:11 attach [1] - 32:27 79:4, 79:7, 79:20 Bob [4] - 13:4, 15:13, 36:10, 36:12, 36:13, [4] arising - 4:11, 28:6, attached [11] - 22:12, badly [3] - 90:1, 93:10, 19:30, 57:24 40:10, 42:13, 43:26, 66:12, 97:11 23:8, 25:14, 26:26, 94:8 bodies [2] - 8:2, 8:5 44:16, 44:21, 45:5, [8] Armagh - 17:23, 27:15, 29:12, 29:16, Baker [1] - 78:16 body [2] - 9:25, 56:20 45:7, 48:27, 48:29, 18:17, 18:30, 20:7, 32:18, 33:3, 49:8, 86:25 Bandit [16] - 11:15, 11:25, bomb [2] - 8:19, 19:21 55:9, 56:26, 57:12, 32:16, 37:8, 38:1, 38:27 attached) [1] - 28:15 11:28, 12:2, 12:9, 17:9, bombing [2] - 19:26, 57:18, 57:22, 81:23, Armagh' [2] - 22:14, 28:8 attaches [1] - 33:10 17:10, 17:11, 17:12, 63:28 81:25 Armstrong [1] - 19:19 attack [3] - 10:28, 11:3, 25:12, 26:23, 40:21, bombings [1] - 18:27 allege [1] - 56:16 Army [7] - 36:8, 60:16, 40:26 48:27, 49:24, 51:15, bombs [2] - 11:1, 19:3 alleged [1] - 66:6 70:10, 71:19, 71:20, attempt [1] - 17:26 62:19 book [52] - 6:6, 6:8, 6:9, allegedly [1] - 37:17 72:7, 72:18 attempting [1] - 1:11 Bar [1] - 19:22 6:18, 12:1, 12:23, allow [2] - 5:13, 33:2 army [14] - 18:5, 69:5, attend [1] - 27:7 barracks [1] - 31:30 14:12, 14:15, 14:24, allowed [1] - 5:16 69:8, 69:9, 69:18, attended [2] - 67:17, Barracks [2] - 28:5, 32:16 15:6, 15:10, 16:11, almost [1] - 76:15 69:21, 69:26, 69:29, 89:27 base [1] - 19:27 17:23, 17:25, 18:1, alone [2] - 23:24, 30:19 70:4, 70:5, 70:6, 71:26, attention [4] - 9:1, 33:2, based [3] - 44:18, 57:12, 19:9, 20:10, 21:20, alternative [1] - 27:19 71:30, 72:6 70:18, 86:28 75:27 22:2, 22:9, 22:14, alternatively [1] - 24:12 arrangements [4] - 8:25, attitude [1] - 11:6 basic [1] - 43:1 22:19, 25:5, 28:9, 29:4, ambush [4] - 32:2, 60:28, 24:18, 27:25, 57:14 Attorney [1] - 21:3 basis [2] - 20:14, 88:28 30:5, 31:21, 32:24, 60:30, 61:29 arranging [1] - 63:14 attributed [3] - 29:17, BBC [2] - 46:21, 46:27 32:26, 32:29, 34:5, America [1] - 26:4 arrested [2] - 56:23, 43:5, 43:10 beaten [10] - 77:12, 34:23, 37:6, 37:26, American [1] - 7:5 80:10 AUGUST [1] - 98:6 77:25, 90:17, 90:20, 37:29, 38:2, 38:8, amount [1] - 21:9 arrival [1] - 41:20 August [8] - 1:13, 1:15, 90:26, 91:1, 97:14, 39:17, 40:21, 41:17, analysis [2] - 18:26, arrived [4] - 61:10, 61:13, 1:17, 20:11, 31:16, 97:16, 97:19, 97:21 43:4, 43:28, 44:14, 83:22 88:15, 88:18 57:4, 57:6, 63:28 beating [2] - 78:21, 78:22 44:23, 44:28, 45:4, angle [1] - 21:24 arrives [2] - 61:25, 63:7 authenticity [1] - 23:18 became [5] - 14:20, 45:24, 47:2, 51:17, Anglo [1] - 85:28 article [14] - 28:14, 28:15, author [9] - 22:23, 23:2, 49:25, 51:16, 60:18, 55:23, 62:9 Anglo-Irish [1] - 85:28 28:26, 28:30, 29:2, 26:3, 27:6, 29:11, 81:16 Border [1] - 67:9 anguish [1] - 15:13 29:16, 39:12, 39:13, 31:14, 31:20, 36:29, become [1] - 81:13 border [13] - 7:28, 8:2, answer [5] - 72:2, 72:10, 39:26, 43:26, 44:15, 37:10 BEEN [1] - 75:1 8:19, 14:22, 15:21, 78:19, 84:17, 93:7 44:23, 44:29, 48:23 author's [1] - 44:16 beforehand [3] - 7:14, 15:26, 41:20, 51:19, [11] article' [1] - 44:1 Answer - 37:30, 38:6, authorities [1] - 35:26 11:1, 46:13 66:25, 67:6, 67:14, 38:9, 38:25, 39:1, 39:7, AS [8] - 1:1, 6:1, 74:1, authority [2] - 22:27, 88:6 75:30, 82:8

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 3 bottom [12] - 12:24, 24:19, 25:3, 26:16, 73:1, 78:22 circulated [2] - 85:20, 60:22, 61:1, 61:30 12:27, 14:3, 21:2, 27:13, 27:30, 29:10, cetera [3] - 18:28, 19:11, 94:21 commencement [1] - 33:20, 33:23, 37:9, 30:15, 31:25, 31:30, 43:1 circulating [2] - 39:22, 35:21 44:2, 48:28, 50:5, 32:23, 38:24, 40:23, chairman [2] - 72:23, 94:21 comment [3] - 3:3, 18:4, 50:15, 50:19 40:26, 41:24, 43:27, 73:16 circulation [2] - 10:4, 76:3 bouncing [1] - 18:14 44:6, 44:18, 44:30, CHAIRMAN [19] - 1:3, 46:20 comments [3] - 30:11, box [3] - 3:1, 3:11, 53:17 46:4, 48:19, 50:8, 51:7, 1:21, 2:2, 3:18, 4:3, circumstances [2] - 2:5, 34:19, 75:24 boys [2] - 85:13, 85:14 55:22, 57:24, 59:5, 4:20, 5:16, 17:6, 72:12, 79:1 Commission [2] - 31:12, Branch [33] - 12:16, 59:25, 60:29, 61:3, 72:29, 73:12, 84:19, cited [1] - 7:5 56:24 12:29, 13:3, 13:15, 61:20, 62:2, 67:9, 86:1, 89:14, 91:12, civilian [1] - 18:28 commission [1] - 21:10 14:4, 16:4, 18:13, 67:19, 67:25, 68:12, 92:26, 95:14, 96:2, 98:4 claim [2] - 23:23, 27:16 Commissioner [2] - 42:7, 18:22, 18:23, 24:29, 69:6, 69:13, 70:11 Chairman [40] - 1:5, 2:4, claims [2] - 31:20, 71:18 93:8 25:24, 26:12, 29:8, building [1] - 55:3 2:27, 4:6, 5:5, 6:5, 6:6, clarified [1] - 59:20 committed [1] - 8:4 31:17, 34:13, 34:27, bullets [1] - 68:21 7:10, 7:15, 8:2, 9:3, clarify [1] - 42:30 Committee [1] - 18:2 35:5, 35:14, 38:13, Burns [2] - 19:29, 51:29 9:18, 11:30, 13:21, clarity [1] - 76:5 Commons [2] - 46:1, 38:16, 41:18, 42:11, business [1] - 97:30 17:8, 17:10, 36:5, Clarke [1] - 51:28 46:25 42:19, 42:27, 45:19, Butchers [1] - 19:9 53:20, 53:28, 54:6, clear [10] - 3:29, 44:24, communication [1] - 48:9, 48:26, 51:10, BY [6] - 6:1, 75:1, 84:23, 72:9, 73:10, 73:14, 56:8, 82:14, 83:1, 27:22 62:20, 91:3, 91:17, 92:28, 95:20, 97:9 74:3, 75:6, 75:15, 85:26, 86:30, 87:27, community [1] - 56:12 91:19, 92:16 75:24, 76:13, 77:16, 90:13 comparisons [1] - 30:8 78:15, 80:13, 81:22, breaches [1] - 18:4 C clearing [1] - 69:24 complain [1] - 35:25 breaching [1] - 96:27 84:21, 92:23, 93:22, clearly [5] - 3:7, 26:9, complaint [3] - 58:17, C2 [1] - 33:6 break [1] - 8:18 96:4, 96:11, 97:7, 97:30 54:1, 54:7, 64:3 91:6, 91:8 Cameron [1] - 58:12 chance [1] - 6:8 Breen [50] - 11:17, 12:6, client [2] - 4:23, 53:22 complaints [2] - 26:16, Camon [2] - 54:26, 55:8 change [2] - 5:1, 59:22 12:13, 15:12, 19:30, client's [1] - 94:20 66:6 Camon-Kirwan [2] - changed [3] - 11:25, 20:27, 23:7, 23:17, close [3] - 88:12, 88:14, compliance [1] - 33:6 54:26, 55:8 24:17, 25:3, 26:16, 51:12, 56:21 89:25 compromising [1] - campaign [1] - 45:29 changes [2] - 85:27, 88:9 27:13, 27:14, 27:30, close-knit [2] - 88:12, 19:13 Canadian [1] - 31:11 28:10, 29:10, 30:3, charge [1] - 95:27 88:14 concern [5] - 48:1, 52:5, candidate [1] - 21:17 30:15, 31:25, 31:29, charged [1] - 80:10 closer [1] - 1:19 54:23, 57:17, 82:5 32:23, 38:23, 40:23, cannot [2] - 76:27, 94:26 chase [1] - 23:15 closest [1] - 88:9 concerned [6] - 12:15, 40:26, 41:23, 43:27, capable [1] - 97:3 check [2] - 34:1, 34:3 closure/court [1] - 22:17 16:30, 25:4, 50:25, 44:6, 44:18, 44:30, capacity [6] - 60:18, checked [2] - 47:16, cognisance [1] - 30:22 77:11, 95:28 46:4, 48:19, 49:26, 78:25, 78:26, 78:27, 65:30 colleague [6] - 24:16, concerning [9] - 22:12, 50:8, 50:10, 50:19, 94:4, 94:5 checking [1] - 36:30 24:19, 90:16, 93:30, 22:16, 23:6, 26:23, 50:24, 51:6, 52:5, capital [1] - 36:30 cheers [1] - 64:23 94:5 28:20, 30:4, 32:29, 55:22, 57:23, 59:4, Captain [1] - 19:24 Chief [55] - 10:23, 11:9, colleagues [15] - 13:6, 42:21, 51:6 59:25, 60:29, 61:3, car [2] - 60:22, 67:29 11:17, 15:12, 15:16, 15:24, 76:20, 76:24, concerns [3] - 25:12, 61:19, 62:2, 69:6, cards [1] - 64:21 15:24, 18:19, 19:28, 79:12, 79:15, 80:3, 49:26, 75:28 69:12, 70:11 care [2] - 68:4, 68:7 19:29, 20:27, 21:4, 80:6, 81:2, 81:9, 82:27, concluded [1] - 58:22 Breen's [1] - 30:5 carnage [1] - 8:10 21:5, 21:24, 22:6, 22:7, 83:17, 84:17, 87:14, concludes [3] - 44:10, Breen/Buchanan [2] - Carrickfergus [1] - 19:4 22:11, 23:7, 23:17, 90:20 49:3, 97:30 25:30, 31:1 Carrickmacross [2] - 24:16, 24:17, 25:3, collected [1] - 96:17 conclusions [1] - 65:10 Brendan [2] - 19:29 67:15, 67:18 25:13, 25:14, 26:24, collectively [1] - 45:5 condition [2] - 6:29, 90:4 brief [3] - 63:14, 64:21, Carrigan [1] - 51:9 26:25, 27:12, 28:4, Collins [1] - 71:7 conduct [2] - 29:24, 96:4 carry [2] - 34:19, 45:28 28:9, 29:9, 29:20, colluded [1] - 14:27 30:21 briefed [4] - 25:21, 25:23, case [18] - 2:27, 3:21, 29:23, 30:1, 30:4, colluding [1] - 70:13 conducted [2] - 32:21, 86:8, 86:22 3:24, 3:30, 10:29, 30:26, 31:15, 31:24, collusion [27] - 9:1, 33:11 briefings [4] - 22:23, 18:14, 23:13, 23:16, 31:29, 32:14, 32:17, 10:16, 11:10, 11:16, conducting [2] - 30:16, 24:28, 26:12, 27:21 23:22, 25:22, 34:11, 32:19, 32:22, 38:23, 11:23, 16:13, 31:9, 31:13 briefly [3] - 54:29, 69:11, 35:13, 57:22, 57:27, 42:6, 42:8, 42:13, 35:26, 36:6, 36:10, confided [1] - 12:14 78:14 81:16, 92:5, 96:29, 47:28, 47:29, 48:26, 36:12, 42:15, 42:21, confident [3] - 21:19, bring [1] - 70:18 96:30 50:7, 50:24, 51:6, 48:2, 49:11, 54:22, 69:18, 69:26 brings [1] - 15:9 cases [1] - 57:16 57:23, 60:29, 69:12, 56:11, 56:26, 56:28, confirm [3] - 32:4, 42:20, 75:12 British [13] - 35:26, 36:7, casualties [2] - 18:27, 57:18, 57:22, 58:23, 87:1 46:19, 60:16, 60:17, 18:28 child [2] - 80:21, 80:23 59:5, 66:6, 68:9, 70:13, confirmation [2] - 36:29, chipped [1] - 45:3 63:21, 65:3, 65:20, categoric [1] - 10:29 72:19 37:4 70:10, 71:19, 71:20, categorically [1] - 13:22 Chris [1] - 56:24 Colton [8] - 75:29, 76:19, confirmed [7] - 12:28, 72:6, 72:18 [1] catering [1] - 8:25 chronological - 25:9 79:27, 81:3, 81:10, 13:2, 13:10, 36:19, broadcast [2] - 46:27, [4] Catholic [1] - 69:11 chronologically - 82:6, 82:25, 82:27 41:30, 43:3, 73:5 46:28 59:29, 60:5, 62:17, caused [1] - 63:27 column [1] - 41:9 confirming [1] - 13:11 broader [1] - 18:15 66:15 causing [1] - 68:18 coming [9] - 4:29, 32:11, connection [5] - 27:12, brought [6] - 8:10, 15:19, churn [1] - 19:21 Cavalier [1] - 67:20 35:2, 39:23, 54:28, 27:26, 28:22, 29:19, 65:11, 65:17, 81:4, centre [1] - 19:4 CI [1] - 29:8 55:5, 55:6, 68:18, 75:5 80:29 85:27 CID [10] - 18:23, 25:11, certain [4] - 19:7, 50:12, command [1] - 47:27 Conroy [1] - 42:8 Buchanan [44] - 11:18, 25:21, 26:7, 28:5, 29:7, 50:22, 57:16 Command [2] - 28:4, conscious [2] - 63:25, 13:4, 15:13, 19:30, certainly [8] - 3:12, 4:11, 32:30, 53:4, 53:26, 32:30 72:23 20:27, 23:7, 23:17, 53:30 4:17, 8:1, 21:28, 25:8, commander [4] - 35:30, consequently [1] - 30:20

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 4 considerable [1] - 21:9 28:25, 66:20, 75:19 37:4 crucial [4] - 12:26, 53:19, den [1] - 95:24 consideration [2] - 10:2, core [2] - 8:27, 56:1 Cory [32] - 31:12, 32:8, 92:15, 92:18 denial [1] - 10:29 10:10 corner [4] - 12:5, 17:3, 40:6, 40:19, 41:14, current [2] - 26:27, 83:4 denied [5] - 10:19, 10:23, considering [4] - 26:30, 20:30, 50:15 42:20, 42:25, 43:25, custody [1] - 26:29 11:9, 13:23, 41:28 27:17, 29:26, 30:14 correct [40] - 7:9, 7:15, 44:2, 44:10, 45:1, 45:6, cutting [1] - 30:2 Department [3] - 31:15, conspiracy [3] - 8:30, 7:29, 11:26, 14:29, 57:27, 58:18, 58:27, cuttings [1] - 19:11 57:5, 58:26 35:17, 56:2 15:3, 15:4, 16:14, 60:7, 61:11, 63:6, Deputy [2] - 42:6, 42:7 Constable [14] - 10:23, 16:21, 28:30, 29:1, 63:11, 63:29, 64:3, D derogatory [1] - 34:19 11:9, 15:16, 15:23, 42:23, 46:4, 47:15, 64:14, 64:18, 64:30, described [1] - 95:23 D.C [1] - 32:21 18:19, 20:1, 21:4, 48:10, 50:28, 55:13, 65:11, 65:17, 65:28, desirable [1] - 29:25 daily [2] - 7:30, 9:15 21:24, 25:13, 31:15, 57:2, 58:6, 58:24, 65:29, 66:2, 66:18, despite [1] - 58:16 Daily [3] - 17:4, 17:13, 42:7, 47:28, 47:29, 64:13, 64:27, 65:8, 67:8, 67:30 destroying [2] - 24:1, 48:26 65:9, 67:25, 67:26, Cory's [13] - 40:9, 40:13, 17:18 66:12 damage [4] - 16:28, Constables [1] - 19:18 75:7, 75:8, 75:17, 41:5, 44:26, 60:3, 60:8, detail [6] - 22:20, 22:26, Constabulary [1] - 22:5 75:18, 77:28, 79:30, 61:19, 61:24, 63:4, 16:29, 35:12, 85:21 40:22, 51:21, 71:12, constraints [1] - 17:28 86:3, 88:1, 88:15, 89:4, 65:16, 66:17, 66:22, danger [1] - 63:18 86:23 dangers [1] - 30:18 consuming [1] - 23:15 91:16, 91:20, 92:12, 67:1 details [1] - 9:19 [1] date [8] - 2:26, 3:24, contact [11] - 24:5, 24:17, 93:13 cost - 30:9 detained [1] - 77:26 18:17, 27:7, 46:2, 24:20, 34:6, 34:7, correction [2] - 92:1, 96:5 costly [1] - 23:15 detective [2] - 49:4, 85:20 49:17, 64:14, 81:18 45:27, 46:6, 66:18, correctly [2] - 25:20, counsel [5] - 7:3, 89:30, Detective [37] - 2:9, 13:2, 88:22, 88:25, 88:27 47:13 93:8, 93:14, 93:17 dated [26] - 17:13, 17:19, 13:19, 13:20, 13:25, contacted [8] - 12:28, correspondence [2] - Counsel [1] - 75:9 21:1, 22:8, 25:11, 13:26, 13:27, 18:12, 13:12, 20:25, 36:21, 34:15, 42:6 Country [17] - 11:15, 25:15, 25:28, 26:22, 22:6, 22:7, 22:11, 36:26, 41:27, 49:14, Corrigan [133] - 1:6, 2:5, 11:26, 11:28, 12:3, 27:3, 28:3, 29:6, 31:7, 24:17, 25:14, 26:24, 49:16 2:28, 3:1, 3:7, 3:10, 12:9, 17:9, 17:10, 32:13, 33:7, 33:14, 28:4, 29:20, 29:23, contacted.. [1] - 36:20 3:20, 3:24, 4:23, 6:3, 17:11, 17:12, 22:14, 39:13, 42:6, 42:9, 30:1, 30:26, 32:14, 48:22, 48:24, 49:6, contacting [1] - 31:3 6:7, 6:20, 8:26, 9:16, 25:12, 26:23, 28:8, 32:17, 32:19, 33:6, 49:7, 54:19, 55:19, contacts [3] - 20:4, 11:23, 12:19, 13:9, 48:27, 49:24, 51:15, 43:2, 43:5, 49:5, 51:9, 50:11, 50:20 14:13, 16:30, 17:3, 62:19 62:29, 70:1 75:12, 77:7, 77:10, dates [1] - 62:17 contained [7] - 16:18, 17:15, 20:24, 21:27, Country' [4] - 29:14, 78:5, 84:28, 86:1, 91:3, 22:20, 25:18, 28:17, 24:28, 26:6, 26:19, 32:24, 42:28, 44:15 David [1] - 58:12 91:17, 91:19, 92:16 30:5, 32:26, 33:7 27:29, 28:29, 32:9, Country(pages [1] - day' [1] - 12:12 detectives [3] - 85:27, contains [2] - 16:12, 33:13, 33:22, 34:10, 40:21 days [6] - 46:13, 50:2, 86:2, 88:9 33:10 35:13, 38:14, 39:12, County [2] - 18:29, 37:8 50:7, 50:23, 53:15, determine [2] - 1:14, contaminated [1] - 56:17 40:15, 41:4, 44:8, couple [1] - 37:21 65:25 21:22 contemporaneous [1] - 44:26, 45:30, 47:11, coupled [2] - 27:2, 30:23 dead [1] - 16:3 diagrams [1] - 19:2 48:8, 48:20, 49:12, 76:9 course [23] - 4:21, 4:24, deal [15] - 1:18, 2:14, Diary [2] - 41:3, 44:15 52:6, 52:13, 52:16, 2:15, 2:22, 2:25, 2:28, contend [1] - 56:18 5:2, 7:11, 9:25, 14:23, diary [1] - 67:11 52:19, 53:10, 54:2, 3:12, 3:27, 4:25, 5:17, content [7] - 22:13, 25:4, 15:30, 18:20, 19:14, different [2] - 9:26, 70:5 57:27, 58:25, 59:13, 17:26, 29:16, 40:22, 25:24, 28:20, 64:16, 20:4, 31:12, 40:1, differently [1] - 70:20 59:28, 60:23, 60:24, 49:28, 75:11 83:26, 83:30 45:16, 47:7, 48:21, difficult [1] - 3:14 60:25, 61:2, 61:9, 62:1, dealing [5] - 2:20, 16:6, contentious [1] - 29:22 49:22, 63:3, 65:12, difficulties [1] - 21:14 63:1, 64:2, 64:26, 66:8, 71:27, 86:17, 86:22, 35:3, 35:24, 47:18 contents [1] - 85:19 difficulty [2] - 7:1, 12:8 66:16, 68:15, 68:23, 92:26, 96:13 dealt [4] - 4:15, 5:10, context [3] - 43:11, Dillon [5] - 2:18, 5:11, 70:9, 71:15, 71:24, 37:20, 56:19 93:27, 96:23 courts [1] - 23:27 6:6, 19:8, 77:27 72:9, 72:24, 72:26, cover [1] - 31:10 Dear [1] - 17:21 continue [4] - 1:7, 8:3, DILLON [5] - 1:5, 3:6, 73:5, 73:9, 73:13, deaths [3] - 15:14, 15:23, 25:29, 73:1 coverage [3] - 10:7, 3:20, 6:17, 73:5 75:29, 76:19, 76:27, 83:11, 83:13 19:28 continued [2] - 39:9, direct [5] - 18:7, 30:8, 77:7, 77:10, 77:21, decades [1] - 63:19 87:29 covers [1] - 70:15 70:20, 70:25, 70:28 78:17, 78:19, 78:23, crack [1] - 20:12 deceased [1] - 54:10 CONTINUED [1] - 74:1 directed [1] - 28:27 78:28, 78:29, 79:14, Cramphorn [1] - 42:7 December [3] - 47:3, continues [3] - 14:2, direction [5] - 18:23, 81:21, 81:23, 81:26, 67:21, 87:12 42:25, 64:6 creaming [1] - 14:10 22:15, 24:24, 27:7, 33:7 82:4, 82:6, 82:15, decide [2] - 30:30, 60:6 contradiction [1] - 21:16 Crime [5] - 21:5, 23:3, directly [1] - 29:28 82:18, 82:20, 82:22, decided [1] - 45:22 contrary [1] - 13:10 25:13, 32:17, 48:26 84:28, 84:30, 85:4, disclose [3] - 3:9, 34:5, crime [2] - 21:13, 32:16 decision [3] - 4:7, 57:11, controversial [3] - 57:28, 85:6, 85:12, 86:16, 44:20 cross [4] - 1:22, 15:26, 63:25 58:28, 60:6 86:20, 86:23, 86:24, disclosing [1] - 2:17 71:28, 95:14 declined [1] - 42:26 conversation [9] - 24:13, 86:26, 86:30, 87:6, disclosure [3] - 3:28, CROSS [3] - 84:23, deemed [1] - 23:26 69:10, 69:16, 76:18, 87:11, 87:22, 87:25, 3:29, 25:30 92:28, 95:20 Defence [1] - 18:2 76:28, 78:9, 83:20, 88:10, 88:16, 88:22, discontinue [1] - 73:2 cross-border [1] - 15:26 definitely [6] - 85:23, 84:4, 94:13 88:29, 89:4, 89:6, 89:7, discretion [1] - 18:21 cross-examination [2] - 85:24, 85:25, 93:10, conversations [4] - 83:1, 89:8, 90:25, 91:5, discuss [5] - 18:10, 1:22, 71:28 94:8, 95:3 83:27, 83:30, 84:5 91:30, 92:5, 93:4, 93:9, 41:21, 76:25, 81:9, cross-examine [1] - deflect [1] - 8:30 convey [1] - 43:2 93:21, 93:23, 95:9, 87:13 95:14 degree [1] - 84:1 Cooley [1] - 15:27 95:23, 97:20 discussed [10] - 28:27, CROSS-EXAMINED [3] - degrees [1] - 63:19 copied [1] - 33:1 CORRIGAN [1] - 6:1 76:20, 76:21, 76:29, 84:23, 92:28, 95:20 delivered [2] - 60:13, 64:7 copies [1] - 49:7 Corrigan's [3] - 78:2, 77:9, 77:15, 77:18, Crossmaglen [3] - 19:19, demanded [1] - 44:25 copy [8] - 6:11, 6:13, 78:5, 85:17 77:21, 83:16, 92:3 19:24, 19:26 demonstrates [1] - 67:11 6:17, 27:15, 28:13, corroboration [2] - 36:30, discussing [3] - 18:15,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 5

20:15, 66:10 51:22, 51:28, 51:30, 20:11, 32:12, 49:2, 81:18, 85:1, 86:23, 16:20, 38:12, 39:26, discussion [3] - 14:21, 52:6, 54:28, 55:6, 50:11, 50:21, 61:23 94:12 44:24, 56:27, 59:20, 77:23, 82:3 60:25, 60:28, 61:4, engagements [1] - 4:11 examination [4] - 1:7, 80:11, 81:19, 93:3, discussions [10] - 77:24, 62:2, 65:24, 67:14, engaging [1] - 46:18 1:22, 2:5, 71:28 96:23 78:1, 78:4, 80:3, 80:6, 67:15, 67:18, 75:27, enlisted [1] - 60:16 examine [2] - 1:8, 95:14 families [7] - 15:12, 82:21, 82:26, 83:6, 84:29, 85:21, 86:1, entitled [9] - 12:4, 17:14, examined [1] - 75:9 15:18, 24:21, 25:2, 83:14, 83:21 87:7, 87:14, 88:15, 28:7, 29:13, 31:6, 31:8, EXAMINED [6] - 6:1, 30:15, 31:3, 48:19 display [1] - 68:4 88:17, 91:3, 91:17, 67:5, 95:12, 95:14 75:1, 84:23, 92:28, families' [1] - 26:16 distribution [1] - 26:30 91:19, 92:2, 92:3, entry [1] - 36:18 95:20, 97:9 family [12] - 15:25, 24:16, Division [2] - 22:6, 26:24 92:16, 94:22, 94:23, envisaged [1] - 4:15 example [3] - 19:8, 67:12, 24:19, 25:7, 25:30, Doak [1] - 15:24 94:29, 95:24, 95:27 escaped [1] - 86:27 86:13 27:14, 28:9, 30:3, document [31] - 9:16, Durack [1] - 1:21 especially [2] - 8:16, 8:18 except [1] - 41:26 44:24, 58:7, 58:10 9:19, 17:1, 17:2, 17:8, DURACK [1] - 1:28 established [3] - 26:28, exception [2] - 51:8, 58:2 far [7] - 11:23, 16:30, 17:14, 21:1, 22:4, 22:6, during [17] - 1:13, 1:15, 27:22, 57:15 excerpt [1] - 60:3 77:11, 79:10, 95:28, 25:10, 26:22, 28:3, 11:20, 14:28, 15:21, et [3] - 18:28, 19:11, 43:1 exigency [1] - 8:23 96:6, 96:8 29:6, 31:6, 34:25, 15:26, 16:24, 17:23, etc [1] - 92:2 exist [1] - 30:19 farmer [1] - 15:27 48:22, 54:15, 54:16, 24:12, 66:18, 81:17, evening [2] - 11:10, 46:29 exists [4] - 31:24, 42:14, fashion [1] - 52:28 58:30, 59:3, 62:27, 85:17, 85:20, 87:7, event [3] - 8:11, 8:12, 42:21, 49:10 fast [1] - 39:23 65:3, 68:29, 69:3, 87:23, 94:23, 96:13 97:4 expect [1] - 92:12 favour [1] - 14:9 70:15, 85:9, 85:11, duty [1] - 27:11 events [11] - 6:21, 6:30, expected [1] - 41:20 fax [1] - 31:10 94:15 7:1, 7:4, 7:27, 13:1, expeditiously [2] - 22:30, faxed [1] - 31:10 documentation [9] - E 37:26, 80:14, 80:18, 27:20 fears [1] - 27:15 16:18, 16:21, 16:24, 90:15, 97:20 expenditure [1] - 30:12 feature [1] - 9:11 e-mail [7] - 62:29, 62:30, 42:15, 42:21, 49:10, events' [1] - 42:29 experience [3] - 18:21, February [5] - 17:13, 63:8, 63:12, 64:2, 49:15, 54:22, 65:8 evidence [107] - 1:25, 20:6, 90:23 17:20, 20:24, 67:15, 64:10, 64:27 documents [2] - 32:12, 1:28, 2:10, 2:14, 2:15, explain [1] - 65:13 87:13 e.g [1] - 18:26 34:22 3:2, 3:8, 3:22, 3:23, 4:9, explained [1] - 24:8 fell [1] - 14:9 early [7] - 7:28, 24:8, dogmatic [1] - 43:19 4:12, 4:14, 4:21, 4:24, explaining [1] - 34:7 fellow [2] - 75:28, 97:23 29:19, 35:5, 48:8, Donaldson [12] - 19:18, 4:30, 5:14, 6:4, 8:27, felt [5] - 50:10, 50:11, 48:13, 63:24 explanation [3] - 5:6, 46:1, 46:3, 46:10, 13:21, 34:21, 35:18, 5:10, 5:12 50:20, 50:21, 68:6 easy [1] - 68:13 46:11, 46:23, 46:24, 37:11, 37:22, 39:24, explosives [1] - 19:3 female [3] - 31:27, 59:23, 46:30, 47:4, 47:14, Edenappa [1] - 32:2 39:28, 40:5, 42:14, expose [1] - 46:23 59:24 48:14, 55:23 editing [1] - 43:10 42:21, 44:4, 45:13, exposure [1] - 46:20 few [3] - 8:1, 37:15, 40:28 edition [3] - 15:5, 17:9, donaldson [1] - 47:1 46:9, 46:11, 46:30, file [5] - 16:19, 34:16, 17:12 express [6] - 82:5, 90:27, done [6] - 26:16, 30:4, 49:6, 49:10, 49:13, 90:29, 91:1, 91:9, 91:12 45:25, 59:1, 62:27 30:6, 72:30, 76:22, editions [1] - 29:3 49:15, 51:21, 51:24, expressed [2] - 75:28, filed [2] - 65:6, 65:7 effect [5] - 2:30, 13:17, 95:15 52:7, 52:9, 52:12, files [5] - 19:7, 19:9, 43:6, 49:12, 56:25 76:10 Donnelly's [1] - 19:22 53:12, 53:16, 53:20, expressing [7] - 50:24, 19:15, 21:14, 69:4 effected [1] - 29:19 dormant [1] - 14:20 53:21, 53:24, 54:22, 52:5, 81:2, 81:5, 81:6, final [1] - 95:18 effectively [3] - 8:30, dossier [2] - 65:28, 66:6 54:24, 60:13, 61:14, 81:8 finalised [1] - 4:17 11:21, 12:9 [11] 66:4, 66:5, 66:12, doubt - 9:2, 27:24, extensive [2] - 26:30, finally [2] - 3:11, 44:8 efficient [1] - 5:8 30:20, 30:27, 33:25, 70:11, 70:19, 70:20, 47:10 financial [1] - 3:27 34:24, 49:5, 56:8, efforts [1] - 4:14 70:26, 70:28, 71:1, extent [2] - 4:22, 29:3 Finbarr [11] - 75:29, 72:13, 86:27, 94:30 either [2] - 70:12, 96:20 71:2, 71:4, 71:14, extract [1] - 23:8 76:18, 80:9, 80:15, down [10] - 13:30, 41:14, elaborated [1] - 51:12 71:18, 75:5, 75:11, extremely [2] - 8:8, 17:24 80:20, 80:28, 81:3, element [1] - 35:20 51:4, 54:9, 54:28, 55:5, 75:14, 75:21, 78:14, 81:10, 81:12, 81:13, elements [1] - 56:18 67:28, 68:20, 81:28, 80:12, 81:22, 82:23, 82:15 eleven [5] - 49:25, 51:2, 83:28, 85:6, 85:17, F 88:6 fine [1] - 56:20 51:12, 53:23, 65:25 85:18, 86:18, 87:13, draft [1] - 20:10 face [2] - 93:10, 94:7 finish [1] - 73:9 eleven-and-a-half [3] - 87:21, 87:27, 89:22, dragged [2] - 58:8 faced [1] - 23:30 Finucane [11] - 30:9, 49:25, 51:12, 53:23 dramatic [1] - 46:21 89:23, 90:25, 91:30, faces [1] - 63:22 36:11, 55:28, 56:29, elicit [1] - 1:11 draw [1] - 16:7 92:6, 93:3, 93:22, 94:7, facilitate [1] - 21:29 57:24, 58:3, 58:6, 58:9, elsewhere [1] - 65:16 94:20, 94:27, 95:8, drawing [1] - 18:21 facilitated [1] - 44:17 58:10, 58:20, 58:23 emanated [2] - 23:20, 95:11, 96:6, 96:9, drive [1] - 11:3 fact [18] - 2:25, 13:5, Finucane's [1] - 58:7 25:19 96:12, 96:13, 96:14, driving [1] - 67:28 16:23, 23:27, 38:29, firm [1] - 21:10 emanates [2] - 59:1, 65:3 96:15, 96:18, 96:19, Drogheda [2] - 46:28, 44:21, 46:11, 58:16, first [23] - 4:6, 9:2, 10:15, emanating [1] - 35:1 96:23, 96:24, 97:2 77:12 62:19, 66:9, 68:11, 12:1, 12:6, 12:23, 15:1, emerged [1] - 15:19 evidences [1] - 49:11 drove [1] - 67:19 69:12, 70:19, 80:9, 20:10, 35:29, 37:26, evident [1] - 30:19 Dublin [1] - 16:4 emphasis [1] - 16:26 81:9, 82:10, 82:11, 48:12, 48:28, 50:6, evidently [1] - 72:30 due [3] - 5:2, 22:27, 30:21 emphasise [1] - 30:10 91:16 52:29, 54:27, 58:17, ex [2] - 32:19, 44:5 Duffy [1] - 84:10 emphasising [1] - 34:7 factor [1] - 23:24 71:6, 77:2, 79:7, 82:21, dumps [1] - 15:29 en [1] - 46:16 ex-Detective [1] - 32:19 factors [2] - 30:22, 30:27 82:24, 93:3, 96:4 ex-garda [1] - 44:5 Dundalk [52] - 1:24, 7:21, enabled [1] - 32:1 facts [1] - 45:8 firstly [3] - 22:15, 23:11, 9:13, 11:3, 12:7, 12:12, encourage [2] - 34:17, exacerbated [1] - 15:14 fade [1] - 10:5 29:16 12:29, 13:12, 31:28, 45:27 exact [3] - 80:7, 80:13, fair [3] - 39:27, 72:16, fitting [1] - 30:24 94:12 36:21, 36:26, 39:6, encouraged [2] - 16:27, 83:22 five [8] - 7:14, 49:21, 42:2, 46:26, 46:28, 45:26 exactly [9] - 22:16, 71:11, fairly [2] - 69:18, 70:3 49:29, 56:23, 66:9, 49:14, 50:28, 51:10, end [9] - 2:7, 4:29, 14:1, 78:7, 78:9, 79:25, fairness [12] - 5:12, 7:16, 67:14, 67:15, 75:15

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 6 five-page [2] - 49:21, 62:23, 63:3, 63:7, 34:26, 35:18, 38:18, 32:25, 32:29, 33:12, hijacking [1] - 37:8 49:29 63:15, 63:27, 64:8, 46:11, 47:20, 51:24, 33:14, 33:18, 33:28, himself [2] - 39:2, 39:8 Flanagan [4] - 15:16, 64:11, 65:1 53:17, 53:24, 60:13, 33:30, 34:11, 34:22, historical [3] - 17:26, 47:19, 47:27 Fulton's [2] - 63:17, 66:4, 66:5, 68:7, 70:25, 34:26, 36:17, 37:3, 19:7, 76:12 Flynn [1] - 51:30 63:29 75:11, 80:15, 83:11, 37:16, 37:27, 37:28, HMG [12] - 9:19, 17:2, focus [2] - 57:15, 83:11 funny [1] - 9:11 89:24, 90:25, 91:30, 38:5, 38:17, 38:22, 17:14, 21:4, 22:5, 31:6, follow [2] - 9:21, 59:29 furious [1] - 39:23 93:22, 94:27, 95:9, 38:25, 39:2, 39:9, 59:1, 62:27, 62:28, following [17] - 2:12, furnish [1] - 23:12 96:6, 96:9, 96:12, 39:17, 40:7, 40:22, 63:8, 65:4, 69:4 8:13, 11:10, 15:6, FURTHER [1] - 95:20 96:16, 97:20 40:25, 41:17, 41:25, hold [1] - 41:16 15:11, 18:9, 22:12, furthering [2] - 27:23, Gough [3] - 28:5, 32:16, 42:26, 42:30, 43:5, holiday [1] - 3:14 26:25, 31:17, 36:18, 30:28 32:30 43:7, 43:11, 43:17, home [2] - 6:11, 8:17 43:25, 47:4, 49:3, furthermore [3] - 23:25, Government [5] - 35:24, 44:11, 44:27, 44:29, honesty [1] - 40:3 53:15, 53:20, 60:10, 30:21, 49:17 46:19, 58:15, 60:6, 65:4 45:3, 45:10, 45:15, hope [6] - 15:18, 20:10, 62:20 futile [1] - 25:27 Governments [4] - 35:23, 45:17, 45:23, 45:27, 20:14, 58:11, 73:9, 94:2 FOLLOWS [8] - 1:1, 6:1, future [2] - 2:26, 57:15 57:11, 57:14, 57:19 48:10, 55:10, 62:5, hoped [1] - 21:8 74:1, 75:2, 84:23, grade [2] - 23:18, 96:8 62:7, 62:23 hopefully [1] - 1:16 Harnden's [10] - 15:5, 92:28, 95:21, 97:9 G grading [7] - 2:17, 3:4, hopes [1] - 29:24 22:1, 23:26, 29:4, 30:5, follows [2] - 31:13, 60:14 94:16, 96:15, 96:22, horrendous [1] - 68:1 garda [28] - 10:3, 10:16, 32:24, 36:22, 43:28, foot [1] - 55:9 96:26, 97:5 horrific [3] - 8:10, 8:12, 10:20, 11:22, 12:15, 47:2, 62:9 FOR [1] - 73:18 grateful [1] - 17:24 35:25 12:30, 13:15, 14:4, Harry [5] - 15:12, 19:30, force [1] - 18:27 grave [1] - 57:17 hospital [20] - 77:26, 16:7, 37:11, 41:18, 49:26, 51:6, 57:23 forces [4] - 36:7, 47:7, great [2] - 40:22, 89:26 78:17, 78:21, 78:23, 41:29, 42:2, 42:11, 57:18, 85:14 greatest [1] - 56:25 Harvey [1] - 19:24 79:4, 79:6, 79:18, 42:15, 43:27, 44:5, Foreign [2] - 57:6, 58:26 greatly [2] - 27:23, 56:22 has/will [1] - 30:6 88:19, 88:24, 88:26, 44:16, 44:17, 62:10, forget [1] - 90:19 grew [1] - 10:26 has/would [1] - 28:16 89:19, 89:27, 90:1, 62:21, 66:6, 66:24, forgot [1] - 20:20 ground [1] - 86:9 hassle [2] - 91:2, 91:18 90:3, 90:9, 90:10, 67:6, 67:10, 70:12, Forkhill [1] - 19:21 grounds [2] - 63:27, haste [1] - 34:18 90:11, 93:9, 93:22, 94:1 72:19, 97:13 form [2] - 12:9, 52:28 96:21 HAVING [1] - 75:1 hours [2] - 7:14, 70:7 Garda [53] - 1:24, 8:29, former [7] - 7:5, 12:19, groups [1] - 8:6 hazard [1] - 35:9 House [2] - 46:1, 46:25 13:3, 13:26, 14:6, 14:8, 13:2, 20:5, 42:27, guard [8] - 13:4, 43:13, Head [5] - 17:19, 25:11, house [4] - 66:10, 66:13, 14:27, 15:9, 15:10, 75:26, 93:30 46:3, 65:26, 90:26, 26:7, 29:7, 29:8 71:7, 71:30 15:15, 15:20, 15:22, forthwith [1] - 30:17 97:15, 97:18, 97:23 head [3] - 18:12, 18:21, housekeeping [1] - 4:28 15:29, 16:1, 16:3, 16:5, forward [9] - 15:8, 24:24, guard' [1] - 43:6 35:27 houses [2] - 15:28, 65:30 16:12, 31:8, 31:28, 28:25, 33:1, 33:8, guards [4] - 39:5, 48:4, headlines [2] - 9:24, hundred [1] - 94:28 32:5, 33:25, 33:29, 43:12, 43:22, 44:21, 87:28, 92:16 46:28 hundreds [1] - 22:21 36:21, 36:26, 38:30, 59:14 guess [1] - 35:9 Headquarters [3] - 25:21, Hurst [3] - 70:25, 71:18 41:26, 41:27, 42:2, forwarded [4] - 28:15, gun [1] - 35:22 26:10, 32:21 42:27, 43:4, 43:16, hypothesis [3] - 44:18, 29:12, 29:29, 33:4 guy [3] - 37:5, 47:24, hear [7] - 46:24, 59:25, 43:19, 49:11, 49:16, 44:22, 45:2 founded [1] - 44:22 68:22 87:6, 87:24, 90:7, 50:11, 50:12, 50:21, hypothesise [1] - 40:25 fountains [1] - 51:16 92:10, 92:12 50:22, 50:25, 51:8, heard [12] - 7:8, 46:26, four [8] - 7:14, 19:20, 51:22, 51:30, 56:11, H I 19:27, 43:22, 47:9, 70:26, 85:6, 85:9, 60:23, 61:1, 65:24, half [5] - 11:20, 16:11, 50:6, 67:17, 94:28 85:19, 87:21, 91:24, I.. [1] - 97:14 81:4, 87:22, 92:8, 93:8 49:25, 51:12, 53:23 fourth [2] - 41:2, 41:7 91:25, 91:26, 97:13 Ian [1] - 19:19 gardaí [2] - 62:10, 97:23 Hall [1] - 19:21 frankly [1] - 21:8 hearing [2] - 7:18, 96:22 idea [7] - 78:12, 79:14, Gardaí [10] - 9:7, 9:28, Hamill [2] - 55:29, 57:25 hearings [1] - 83:12 82:9, 82:10, 82:11, Frazer [10] - 46:10, 46:12, 10:30, 15:26, 15:29, hand [10] - 12:5, 17:3, heinous [1] - 7:26 82:29 48:14, 60:12, 61:13, 40:24, 41:30, 42:5, 20:30, 33:19, 39:8, held [3] - 31:20, 32:30, ideas [2] - 18:9, 18:15 61:15, 65:18, 65:24, 42:8, 82:1 66:2, 66:5 40:16, 41:9, 41:10, 33:3 identifiable [1] - 67:22 gathered [1] - 19:10 50:15, 75:19 frequency [3] - 67:11, help [4] - 18:6, 18:26, identified [5] - 12:16, general [10] - 8:29, 10:4, handed [2] - 6:18, 12:2 19:2, 21:19 14:15, 54:11, 65:15, 67:30, 68:12 14:16, 22:13, 38:27, handlers [1] - 71:30 helped [1] - 71:9 67:30 frequently [3] - 46:27, 80:2, 82:3, 83:1, 83:20, Hanna [1] - 15:25 helpful [1] - 1:10 identifies [1] - 60:4 67:10, 75:28 84:2 harbour [1] - 27:15 friend [5] - 60:12, 61:17, helping [1] - 85:12 identify [7] - 38:28, generally [3] - 10:9, hard [1] - 43:29 Hi [1] - 63:13 42:26, 50:27, 50:28, 63:7, 71:8 84:10, 87:16 Harden [1] - 43:20 Friend [2] - 93:21, 94:14 Hickey [15] - 75:29, 54:10, 68:9, 96:26 generate [1] - 48:17 harnden [2] - 30:30, 39:7 friendly [2] - 88:13, 89:7 76:18, 79:27, 80:9, identity [5] - 24:2, 31:14, genesis [1] - 12:10 Harnden [78] - 12:21, friends [2] - 89:3, 89:6 80:15, 80:18, 80:21, 59:23, 63:9, 67:27 gentlemen [1] - 80:2 12:26, 13:10, 13:14, FRU [1] - 71:19 80:28, 81:3, 81:10, immediate [2] - 9:5, genuine [1] - 48:18 13:22, 13:27, 14:2, frustrate [1] - 27:16 81:12, 81:13, 81:20, 63:18 George [1] - 51:30 16:11, 16:15, 17:18, 82:6, 82:15 [1] full [1] - 16:17 immediately - 27:4 Geraldine [1] - 58:9 20:18, 20:25, 21:29, Hickey's [1] - 80:18 [1] fully [3] - 23:22, 64:16, immensely - 18:24 Gibson [5] - 15:25, 19:28, 22:15, 23:11, 23:23, 94:24 high [2] - 27:1, 67:24 impartial [1] - 39:27 57:25, 61:7, 69:15 23:30, 24:5, 24:22, Fulton [22] - 35:28, 46:22, High [1] - 31:11 impinge [1] - 23:24 Gibsons' [1] - 41:19 24:28, 25:20, 26:8, 47:5, 47:12, 47:13, higher [3] - 47:26, 47:29, implied [1] - 69:14 given [36] - 3:2, 3:23, 27:6, 27:11, 27:16, 47:21, 47:26, 60:1, 88:6 implies [1] - 77:14 5:11, 5:12, 10:2, 10:10, 27:20, 27:26, 28:7, 60:9, 60:11, 61:10, highlighted) [1] - 23:8 importance [2] - 34:7, 13:21, 17:30, 32:15, 29:14, 30:17, 32:20, 61:24, 62:13, 62:14, highly [1] - 46:17 68:29

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 7 important [4] - 23:25, 81:29, 87:15, 87:22, interrogated [2] - 97:14, 68:3 keen [3] - 20:12, 21:19, 35:11, 48:22, 52:12 87:28, 88:3, 92:10, 97:21 issue [4] - 3:10, 28:23, 72:26 importantly [1] - 23:19 96:17, 97:22 interview [16] - 18:12, 29:28, 47:1 keep [1] - 86:8 inadvertent [1] - 18:4 information' [1] - 24:14 18:19, 23:11, 26:3, issued [3] - 10:28, 57:6, keeping [1] - 85:12 incidences [3] - 77:8, informed [8] - 2:13, 2:19, 27:25, 29:18, 29:24, 58:25 Kennedy [1] - 7:6 77:9 2:23, 2:24, 13:21, 32:21, 32:28, 33:11, issues [8] - 4:14, 5:8, Kenneth [1] - 20:2 incident [17] - 76:26, 24:21, 48:10, 85:13 33:14, 33:18, 34:18, 18:15, 22:29, 27:24, kept [1] - 42:1 77:8, 77:11, 77:14, initial [2] - 21:22, 24:9 34:26, 36:17, 40:24 28:11, 29:22, 32:22 Kevin [10] - 29:17, 30:6, 77:17, 77:18, 77:20, initiated [1] - 46:22 interviewed [5] - 24:2, issuing [2] - 10:14, 47:17 39:12, 47:12, 59:30, 79:28, 79:29, 80:1, initiating [1] - 58:16 24:11, 26:4, 32:20, 37:2 it' [1] - 43:20 60:9, 60:11, 61:10, 80:30, 82:4, 82:9, injured [3] - 90:1, 94:1, interviewers [1] - 33:29 63:7, 63:15 82:24, 82:26, 83:2, 83:3 94:5 interviewing [2] - 30:18, J key [1] - 20:20 incidents [9] - 19:5, 19:7, inquiries [12] - 24:9, 32:25 kidnap [1] - 91:28 January [3] - 26:22, 19:17, 20:7, 76:21, 27:17, 30:10, 30:28, interviews [2] - 30:17, kidnapped [16] - 77:12, 67:12, 67:13 76:25, 77:8, 77:15, 83:3 43:29, 47:10, 55:28, 38:7 77:25, 78:11, 78:13, Jeffrey [3] - 46:1, 46:24, include [3] - 1:22, 55:18, 57:1, 57:12, 58:1, 92:6 introduced [1] - 60:24 78:20, 78:29, 79:13, 48:13 60:4 inquiry [25] - 12:10, investigate [3] - 25:29, 79:14, 89:29, 90:8, Jim [4] - 1:9, 65:24, 74:4, including [4] - 22:24, 15:17, 22:22, 23:25, 58:28, 60:6 91:17, 97:13, 97:15, 75:27 25:24, 51:19, 58:10 24:3, 27:5, 27:12, investigated [1] - 22:29 97:18, 97:21 JIM [1] - 75:1 inconvenience [1] - 4:7 28:24, 30:23, 31:13, investigating [3] - 28:6, kidnapping [10] - 76:26, job [1] - 63:22 increasing [1] - 63:17 53:15, 55:21, 55:24, 68:8, 81:16 78:2, 78:5, 79:4, 82:4, incumbent [1] - 30:15 56:4, 56:6, 56:10, 58:3, investigation [5] - 24:22, John [1] - 51:27 82:22, 83:2, 88:20, incurred [1] - 30:12 58:5, 58:7, 58:12, 25:27, 57:22, 78:26, Jonesboro [1] - 32:2 92:15, 93:4 indeed [12] - 2:18, 3:10, 58:13, 58:19, 61:24, 81:17 journalist [2] - 21:15, killed [2] - 69:13, 71:8 6:7, 7:28, 11:30, 25:24, 64:19, 66:18 investigations [5] - 28:19 Killeen [2] - 15:25, 19:27 30:7, 48:18, 49:14, Inquiry [7] - 23:30, 24:7, 22:22, 25:22, 30:12, journalistic [2] - 23:23, killing [2] - 36:11, 55:28 27:16 51:28, 51:30, 59:21 27:8, 56:28, 58:22, 30:25, 44:14 killings [3] - 15:17, 38:23, index [1] - 67:3 68:29, 68:30 investigative [1] - 23:10 journalists [2] - 9:14, 53:23 30:18 indicate [4] - 1:11, 44:15, inside [1] - 10:27 invited [3] - 16:27, 34:15, kin [2] - 27:18, 30:24 judge [2] - 57:20, 58:14 81:19, 81:21 insofar [1] - 45:1 34:16 kind [1] - 47:24 Judge [49] - 31:12, 32:7, indicated [9] - 2:8, 2:12, Inspector [19] - 13:2, involved [16] - 13:6, 14:8, Kingsmills [1] - 19:23 40:6, 40:9, 40:13, 24:10, 27:14, 28:21, 13:20, 13:26, 13:27, 20:7, 29:26, 30:22, Kirwan [2] - 54:26, 55:8 40:19, 41:5, 41:14, 29:20, 78:16, 79:27, 22:6, 22:11, 24:17, 30:27, 46:3, 69:17, Knacknagoney [1] - 29:9 42:20, 42:25, 43:25, 81:20 25:14, 26:24, 28:4, 69:23, 69:24, 70:12, knit [2] - 88:12, 88:14 44:2, 44:10, 44:26, indicates [5] - 42:15, 29:21, 29:24, 30:1, 70:21, 76:21, 77:18, knowledge [3] - 51:16, 45:1, 45:6, 57:27, 57:11, 66:1, 69:5, 75:26 30:26, 32:17, 42:26, 82:24, 82:27 63:18, 69:17 58:18, 58:27, 60:3, indication [1] - 59:30 43:2, 43:5 involvement [1] - 80:5 knowledgeable [1] - 60:7, 60:8, 61:11, indictment [1] - 21:20 inspired.. [1] - 59:10 iota [1] - 70:14 49:26 61:19, 61:24, 63:4, indirect [2] - 71:2, 71:13 instead [1] - 52:20 IRA [51] - 8:7, 10:27, 11:2, known [9] - 14:7, 61:24, 63:6, 63:11, 63:29, individual [7] - 47:21, instructing [1] - 4:10 12:17, 12:28, 12:30, 61:25, 78:27, 78:28, 64:3, 64:14, 64:18, 47:26, 54:9, 54:10, Instrument [2] - 68:24, 13:11, 13:16, 14:5, 80:20, 80:23, 81:26, 64:30, 65:11, 65:17, 60:22, 60:23, 83:28 68:28 14:8, 14:9, 15:20, 87:2 65:28, 65:29, 66:2, individuals [4] - 7:4, intelligence [42] - 12:30, 15:28, 16:4, 16:8, 66:16, 66:18, 66:22, 36:11, 77:1, 77:6 13:15, 13:17, 31:19, 16:29, 17:23, 19:20, 66:30, 67:8, 67:30, L inference [1] - 72:12 31:23, 31:26, 32:4, 21:21, 22:14, 28:8, 76:15, 78:8, 79:24, Information [2] - 17:19, 32:7, 41:18, 41:21, 34:20, 36:19, 36:20, L.. [1] - 42:26 81:25, 84:2 21:5 41:28, 42:4, 42:11, 36:26, 38:26, 41:19, lack [1] - 1:12 JULY [1] - 1:1 information [71] - 10:27, 43:9, 60:17, 62:20, 41:26, 41:27, 41:29, Lady [4] - 15:25, 19:28, July [4] - 31:11, 32:13, 12:21, 12:27, 13:11, 63:21, 63:26, 69:5, 42:12, 43:4, 44:5, 57:25, 61:7 33:7, 57:8 14:25, 15:28, 16:6, 69:8, 69:9, 69:19, 49:16, 49:25, 60:19, LANE [1] - 75:1 June [5] - 15:17, 53:16, 16:12, 16:15, 16:18, 69:21, 69:27, 69:29, 60:21, 60:26, 60:30, Lane [21] - 1:9, 74:5, 75:7, 78:15, 80:12 17:30, 19:2, 19:10, 70:1, 70:3, 70:5, 70:7, 61:2, 62:1, 62:11, 75:4, 75:23, 75:27, jurisdiction [1] - 26:5 19:12, 19:14, 20:5, 70:10, 70:15, 72:18, 62:21, 68:13, 68:20, 76:3, 77:2, 84:16, jurisdictions [2] - 57:19, 20:26, 21:9, 21:29, 75:15, 75:16, 75:26, 80:29, 82:7, 82:13, 84:25, 85:7, 86:6, 23:6, 23:12, 23:16, 76:5, 76:6, 76:14, 82:30, 97:22 57:21 87:27, 88:1, 88:8, 23:19, 23:28, 24:10, 76:16, 85:11, 94:15, Ireland [15] - 7:27, 9:1, Justice [5] - 15:24, 19:28, 88:15, 88:29, 90:13, 24:24, 26:9, 28:17, 97:1 10:15, 24:6, 24:12, 57:24, 61:7, 69:15 92:30, 95:23, 97:12 28:26, 30:4, 33:8, intended [2] - 2:9, 43:2 29:25, 48:18, 55:27, justifiably [1] - 31:3 large [1] - 29:2 33:29, 34:4, 34:12, intention [2] - 4:18, 24:6 56:3, 56:5, 57:5, 59:3, justify [1] - 44:1 last [26] - 2:6, 2:7, 4:12, 36:19, 36:25, 37:11, interest [2] - 48:17, 48:18 63:24, 67:11, 75:13 5:7, 5:14, 7:3, 10:25, 38:18, 39:3, 39:4, 39:8, interested [3] - 19:17, Irish [10] - 10:18, 10:24, K 12:13, 12:25, 44:8, 39:10, 41:23, 41:25, 36:2, 47:1 10:26, 15:19, 28:14, 44:9, 47:3, 49:2, 50:6, Keady [1] - 19:20 41:29, 42:18, 43:3, interesting [2] - 23:29, 29:17, 35:24, 39:14, 58:9, 59:7, 59:9, 59:18, Keeley [16] - 7:3, 35:2, 43:8, 43:29, 43:30, 62:27 55:19, 85:28 59:21, 61:28, 64:1, 46:10, 46:12, 46:17, 44:5, 44:19, 45:14, internal [7] - 15:16, 21:1, Irishman's [2] - 41:3, 75:12, 75:14, 76:17, 47:13, 48:12, 61:25, 45:17, 45:19, 60:26, 22:5, 25:10, 28:3, 44:15 83:11, 94:7 65:11, 65:17, 66:11, 63:28, 71:20, 71:29, 32:12, 59:2 irrespective [1] - 6:28 late [4] - 25:2, 48:24, 70:24, 70:27, 71:6, 72:4, 72:5, 77:3, 80:27, international [1] - 57:20 irresponsible [2] - 68:2, 60:21, 67:24 71:14, 71:26

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 8 laundering [1] - 14:9 65:6, 69:3, 70:10, 27:18, 27:20, 34:8, 10:1, 10:6, 17:22, 23:3, mounted' [1] - 40:27 Laverty [1] - 75:9 71:12, 91:27 35:27, 36:4, 47:18, 32:24, 37:10, 41:26, move [2] - 43:22, 59:13 lead [2] - 65:10, 85:20 looked [1] - 14:2 72:10, 72:12, 72:13, 49:22, 52:8, 53:22, moved [1] - 16:5 leader [1] - 55:20 looking [2] - 1:21, 20:25 75:11, 82:17, 97:4 65:16, 68:17, 84:11 movement [1] - 63:21 leading [1] - 9:7 looks [1] - 4:28 matters [18] - 2:11, 3:27, merely [1] - 45:8 movements [1] - 44:6 leak [3] - 13:3, 43:6, Lord [12] - 15:24, 19:28, 3:30, 6:26, 6:27, 22:21, Messrs [1] - 40:23 moving [1] - 87:11 43:13 57:24, 61:6, 69:15, 23:12, 24:21, 27:26, met [7] - 46:11, 58:12, MR [42] - 1:5, 1:28, 2:4, least [5] - 15:23, 20:14, 79:11, 85:23, 86:15, 27:29, 28:6, 29:19, 64:14, 65:14, 65:29, 3:6, 3:20, 4:6, 5:5, 6:1, 34:18, 40:3, 91:18 87:16, 87:30, 90:30, 29:26, 32:26, 44:21, 66:2, 67:10 6:3, 6:17, 6:20, 17:8, leave [9] - 4:9, 18:20, 97:24 87:14, 96:4, 97:11 Metropolitan [1] - 32:20 72:9, 72:16, 72:23, 30:20, 30:27, 87:12, louder [1] - 91:10 Maynard [2] - 48:24, MI5 [2] - 35:3, 35:29 73:5, 73:9, 74:3, 75:1, 87:23, 87:28, 88:23, Louis [1] - 20:1 54:12 Michael [2] - 19:19, 58:10 75:4, 84:16, 84:21, 89:18 Louth [1] - 16:8 McBurney [9] - 42:9, Mickey [1] - 71:7 84:23, 84:25, 86:5, leaving [2] - 31:30, 67:27 loved [1] - 15:13 42:10, 42:14, 48:24, middle [1] - 14:1 89:17, 91:14, 92:21, led [2] - 56:25, 90:2 lovely [2] - 13:4 48:25, 49:3, 54:12, might [13] - 1:10, 3:6, 92:23, 92:28, 92:30, left [6] - 3:10, 6:11, 40:16, low [2] - 94:17, 96:15 54:14, 54:21 12:17, 17:25, 18:5, 95:5, 95:7, 95:17, 41:9, 41:10, 89:17 lowest [1] - 97:2 McComb [10] - 2:10, 2:14, 20:8, 45:9, 56:25, 68:7, 95:20, 95:30, 96:4, left-hand [3] - 40:16, Loyalists [1] - 19:23 2:16, 2:25, 2:28, 4:8, 69:16, 81:30, 84:17, 96:11, 96:29, 97:9, 41:9, 41:10 LUNCH [2] - 73:18, 74:1 5:7, 75:12, 75:14, 75:21 94:23 97:11, 97:29 legal [3] - 16:23, 19:13, lunchtime [1] - 8:18 McComb's [1] - 4:16 military [4] - 22:25, 24:30, Mr... [1] - 49:18 33:4 lying [1] - 8:2 McConville [2] - 51:27, 25:24, 26:13 murder [34] - 7:18, 7:24, LEHANE [5] - 92:23, 96:12 milk [1] - 19:21 9:7, 14:28, 19:18, 92:28, 92:30, 95:5, M McEntee [1] - 19:25 Millar [1] - 19:18 19:20, 19:22, 19:24, 96:11 McKevitt [2] - 1:11, 1:18 Mills [4] - 6:7, 12:3, 19:25, 19:27, 19:28, lengthy [1] - 23:15 mail [7] - 62:29, 62:30, McVerry [1] - 19:20 75:19, 75:22 19:29, 20:1, 23:6, Leo [4] - 75:29, 76:18, 63:8, 63:12, 64:2, me(sic [1] - 65:28 mind [3] - 39:21, 39:22, 27:12, 29:9, 30:5, 81:3, 81:9 64:10, 64:27 meal [2] - 8:17, 8:23 83:26 44:17, 50:24, 55:28, less [6] - 9:12, 9:15, main [3] - 22:29, 77:11, mean [6] - 14:19, 34:2, Ministry [1] - 18:2 56:11, 56:29, 58:5, 44:25, 71:17, 81:30 77:13 35:9, 43:2, 65:29, 68:20 minor [1] - 77:14 58:19, 58:23, 61:6, letter [4] - 17:4, 17:12, mains [15] - 37:22, 37:23, means [4] - 21:21, 34:3, minute [1] - 31:16 64:19, 69:14, 69:17, 17:18, 27:15 37:27, 38:13, 49:4, 49:13, 97:3 minutes [1] - 25:28 70:13, 70:21 50:7, 50:23, 51:1, letters [1] - 37:1 media [4] - 9:20, 10:1, mirrors [2] - 62:4, 62:7 murdered [8] - 7:9, 7:13, 51:21, 52:8, 52:15, level [4] - 8:13, 45:22, 83:10, 83:13 misrepresented [1] - 8:6, 24:16, 24:19, 50:3, 45:26, 88:22 53:17, 53:25, 54:23 medical [2] - 6:29, 72:29 37:17 50:9, 59:5 Mains [5] - 12:19, 49:5, liaised [1] - 32:30 medium [3] - 96:8, 96:20 Miss [1] - 1:10 murders [33] - 7:26, 9:21, 49:19, 49:20, 52:4 licensed [1] - 67:21 meet [4] - 38:5, 63:14, mix [3] - 28:29, 32:8, 9:30, 10:8, 10:17, mains' [1] - 50:1 10:25, 11:17, 13:5, life [3] - 10:14, 63:17, 64:7, 65:11 48:12 malice [1] - 35:19 15:1, 20:2, 20:26, 63:23 meeting [12] - 12:14, mole [12] - 9:7, 9:28, man [13] - 13:4, 41:26, 23:16, 24:10, 27:29, lifetime [1] - 81:26 14:5, 21:22, 51:23, 10:3, 10:19, 11:13, 41:29, 47:29, 62:15, 31:24, 32:22, 44:30, light [2] - 82:17, 92:23 59:3, 59:22, 63:15, 38:29, 38:30, 39:5, 68:6, 68:21, 69:11, 46:4, 51:6, 54:28, likely [1] - 68:10 64:11, 64:21, 64:30, 43:27, 44:5, 44:16, 69:16, 69:30, 85:1, 55:21, 57:23, 57:29, line [6] - 12:6, 23:25, 65:23, 67:16 81:23 89:21, 89:26 58:2, 58:28, 60:7, 68:8, 27:22, 31:10, 34:14, meetings [3] - 66:24, Moley [1] - 19:29 Manager [1] - 32:17 68:10, 69:5, 70:11, 51:4 67:5, 67:17 Molloy [1] - 84:10 manner [3] - 30:28, 37:1, 71:6, 71:25, 72:18 lines [5] - 12:25, 14:3, member [22] - 13:1, 13:2, moment [2] - 1:29, 63:22 39:27 Murphy [2] - 50:10, 50:20 30:22, 50:6, 66:9 13:16, 14:27, 16:8, Monaghan [3] - 67:14, manuscript [1] - 18:1 must [8] - 4:23, 10:27, linked [1] - 39:16 19:20, 31:29, 41:19, 67:16, 67:18 maps [1] - 18:29 11:2, 34:2, 41:30, list [1] - 18:9 41:27, 42:12, 42:27, Monday [3] - 2:22, 62:29, March [22] - 7:17, 9:4, 63:16, 64:15, 65:29 listen [2] - 26:7, 39:9 43:4, 44:17, 47:6, 59:6, 62:30 9:8, 11:14, 20:1, 23:6, 60:19, 61:1, 61:30, mutually [1] - 63:16 lists [1] - 26:30 money [3] - 14:9, 35:29, 27:9, 28:3, 28:13, 62:10, 62:21, 65:20, Myers [15] - 28:20, 29:17, live [1] - 83:4 63:22 28:14, 29:6, 29:18, 82:1 29:20, 30:7, 30:17, lived [1] - 8:14 month [7] - 1:13, 1:15, 32:2, 39:13, 49:6, members [8] - 1:24, 39:12, 39:24, 40:7, lives [1] - 68:19 61:21, 61:23, 63:25, 49:18, 50:2, 51:5, 14:21, 48:1, 50:12, 43:27, 44:11, 44:27, living [1] - 80:21 67:12, 67:17 51:23, 52:16, 67:17 50:22, 50:25, 75:30, 44:29, 45:3, 45:14, local [1] - 9:12 months [5] - 30:8, 60:16, march [1] - 31:25 82:8 55:10 located [3] - 42:15, 49:11, 83:11, 83:15, 83:22 Mark [1] - 84:25 members' [1] - 52:20 Myers' [3] - 28:29, 29:2, 50:28 Moreover [3] - 23:15, marked [2] - 93:10, 94:8 memo [1] - 32:13 43:26 location [1] - 65:15 27:13, 30:17 Martin [1] - 19:8 memory [3] - 6:22, 53:3, log [1] - 42:1 morning [10] - 1:3, 1:6, Mary [2] - 51:28, 51:29 90:14 N London [7] - 31:12, 35:3, 1:8, 1:10, 2:23, 2:25, massacre [2] - 19:22, men [15] - 7:9, 7:12, 7:18, 35:25, 58:11, 58:12, 51:22, 64:8, 64:11, 98:2 Nairac [1] - 19:24 19:25 7:25, 7:26, 8:22, 9:8, 61:11, 64:20 mortar [1] - 19:26 name [27] - 14:4, 32:14, Massacre [1] - 19:23 10:28, 11:3, 24:29, longest [2] - 88:11, 88:30 most [2] - 14:28, 46:20 33:30, 34:1, 34:5, material [8] - 1:23, 21:13, 45:11, 69:11, 69:14, look [19] - 6:15, 9:17, mot [1] - 69:26 34:10, 34:12, 34:26, 22:16, 25:18, 25:24, 69:22 11:30, 12:1, 13:30, motivated [1] - 35:18 34:30, 35:6, 37:10, 64:7, 64:16, 64:17 mention [4] - 20:20, 17:1, 33:12, 40:13, Mountbatten [1] - 12:5 47:14, 48:2, 48:4, 48:8, matter [18] - 1:25, 2:22, 53:10, 53:25, 91:4 41:9, 42:20, 48:16, mounted [2] - 15:16, 49:22, 52:15, 52:19, 2:26, 2:29, 3:13, 26:27, mentioned [14] - 7:3, 49:30, 50:15, 52:25, 40:24 52:29, 53:5, 53:29,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 9

54:5, 54:6, 54:9, 54:11, 56:3, 56:5, 57:5, 59:2, 46:9, 67:19, 90:14 77:1, 77:2, 79:28, 12:24, 12:25, 12:27, 62:14, 84:25 63:24, 75:13 occurred [1] - 11:22 88:13, 95:2, 95:7, 14:1, 15:10, 15:11, named [11] - 46:3, 46:25, northern [3] - 10:12, occurrence [1] - 8:1 95:17, 96:20, 96:25 20:29, 20:30, 21:2, 47:11, 69:11, 69:13, 36:6, 67:21 October [5] - 11:15, ones' [1] - 15:14 22:4, 25:9, 26:21, 28:2, 69:16, 69:22, 69:30, note [5] - 23:29, 31:9, 14:12, 22:1, 61:20, ongoing [4] - 10:7, 17:27, 31:9, 32:11, 33:12, 70:1, 77:1, 77:6 36:16, 63:14, 65:26 66:17 22:17, 55:30 33:19, 33:20, 36:15, namely [2] - 2:21, 76:26 noted [2] - 36:28, 42:4 OF [1] - 1:1 onus [1] - 30:23 36:16, 37:9, 37:23, naming [2] - 43:16, 46:6 notes [6] - 1:21, 23:27, offer [2] - 6:17, 75:24 open [13] - 17:14, 27:22, 38:12, 38:20, 39:25, Narrow [1] - 19:25 24:1, 32:27, 33:14, offered [1] - 3:23 33:17, 41:10, 48:7, 40:14, 40:18, 40:30, national [2] - 2:11, 5:7 33:18 office [12] - 21:6, 21:28, 50:6, 51:21, 52:4, 41:1, 41:2, 41:7, 41:8, natural [4] - 25:7, 76:22, nothing [16] - 7:20, 7:22, 22:24, 24:29, 33:3, 52:22, 63:12, 65:27, 42:24, 42:28, 44:2, 76:25, 76:29 8:23, 16:10, 41:25, 37:30, 61:10, 61:26, 67:8, 69:6 44:8, 44:9, 47:3, 48:28, nature [9] - 4:21, 17:26, 45:12, 51:7, 61:6, 63:4, 63:7, 65:16, 86:25 opened [5] - 17:15, 49:2, 49:21, 49:29, 24:9, 38:2, 77:23, 78:4, 72:17, 82:19, 87:9, Office [2] - 57:5, 63:24 54:15, 54:16, 71:24, 49:30, 50:5, 50:6, 80:5, 80:7, 96:15 87:10, 87:21, 91:25, officer [35] - 12:15, 12:30, 94:15 50:14, 50:15, 50:16, Navan [1] - 81:4 91:26, 93:29 13:16, 14:4, 15:20, operation [2] - 40:23, 50:19, 50:30, 52:25, near [6] - 19:19, 19:21, Notice [1] - 18:2 33:30, 34:5, 34:13, 45:28 53:17, 53:18, 57:10, 19:24, 19:26, 71:11, notified [1] - 5:1 34:27, 35:5, 37:2, operations [3] - 92:6, 59:7, 59:10, 59:18, 81:17 notify [1] - 33:5 38:14, 38:16, 41:18, 92:7 62:26, 62:30, 65:7, necessarily [1] - 8:21 November [6] - 22:8, 41:22, 41:29, 42:12, opinion [6] - 80:24, 81:5, 65:22, 66:8, 66:23, 66:26, 66:30, 67:3, necessary [3] - 4:25, 23:4, 25:11, 25:15, 42:19, 45:20, 47:17, 81:6, 81:8, 81:27, 91:9 19:13, 23:26 25:28, 27:3 47:18, 48:9, 49:16, opportunity [4] - 3:3, 67:5, 78:18, 80:16, 81:24, 81:28 necessity [1] - 3:30 number [20] - 4:13, 17:4, 51:8, 53:9, 53:26, 3:12, 29:20, 32:25 page-numbered [1] - need [4] - 19:14, 41:10, 18:26, 27:1, 40:5, 46:9, 53:30, 59:26, 62:21, opposed [1] - 97:1 40:14 48:7, 86:8 48:29, 56:19, 59:2, 67:28, 70:12, 71:19, oral [1] - 4:29 pages [3] - 15:8, 43:22, needed [2] - 4:30, 86:11 59:12, 59:15, 63:17, 71:20, 75:27 Orange [1] - 19:21 48:30 needs [1] - 4:16 65:7, 65:14, 67:29, Officer [1] - 21:5 order [4] - 25:10, 28:26, pagination [2] - 20:29, negate [1] - 23:14 75:20, 85:18, 94:26, officers [23] - 9:21, 14:28, 33:2, 75:20 33:20 Nelson [3] - 30:9, 55:29, 97:1, 97:2 18:23, 19:27, 20:6, organisation [2] - 35:10, paid [1] - 94:24 57:25 numbered [5] - 17:3, 27:1, 30:20, 32:1, 85:13 paid-up [1] - 94:24 network [1] - 25:25 29:6, 40:14, 40:16, 35:29, 44:17, 50:2, organise [2] - 51:23, Paisley [2] - 10:12, 10:15 never [15] - 16:20, 37:17, 62:28 53:4, 56:11, 61:3, 62:2, 64:30 49:21, 52:8, 56:17, numbering [1] - 17:2 67:10, 68:11, 69:23, organised [2] - 46:17, panic [1] - 68:18 78:12, 84:14, 89:7, numbers [1] - 59:9 70:3, 70:22, 71:8, 64:30 paper [2] - 9:20, 23:15 89:8, 89:11, 89:14, numerous [1] - 30:14 75:29, 96:24 organising [1] - 46:17 papers [13] - 9:12, 9:13, 90:21, 91:24, 97:13 official [5] - 25:19, 26:28, orientated [1] - 21:13 9:15, 22:12, 26:26, 29:12, 32:18, 32:29, new [3] - 57:14, 95:23, O 68:23, 68:28, 78:25 original [2] - 49:6, 50:1 33:2, 33:3, 46:29, 58:14 95:24 often [1] - 83:17 ought [1] - 88:1 O'CALLAGHAN [9] - 2:4, paragraph [16] - 14:1, New [2] - 24:5, 24:12 Oireachtas [1] - 48:1 outgoing [1] - 42:1 5:5, 6:1, 6:3, 6:20, 17:8, 27:3, 40:18, 40:20, Newell [1] - 20:2 OK [37] - 8:26, 10:22, outlet [1] - 46:19 72:16, 72:23, 73:9 40:30, 41:8, 41:14, Newry [1] - 19:26 10:24, 11:12, 13:19, outline [1] - 79:16 O'Callaghan [9] - 1:7, 42:25, 43:16, 43:23, newspaper [5] - 9:6, 14:18, 15:5, 17:1, 22:1, outlined [2] - 30:1, 45:1 5:3, 34:16, 45:26, 59:8, 44:10, 44:12, 61:28, 10:9, 11:13, 19:10, 30:2 22:11, 26:19, 26:20, outrage [1] - 10:14 68:14, 72:14, 73:12, 35:17, 36:4, 36:15, 66:24, 67:8, 67:30 next [35] - 4:11, 8:19, outset [2] - 1:9, 6:20 96:21 37:9, 37:14, 39:24, paragraphs [3] - 10:25, 12:25, 17:1, 17:8, outside [1] - 57:21 O'Callaghan's [1] - 4:22 39:30, 40:2, 45:14, 33:22, 40:15 20:29, 22:4, 25:9, overall [1] - 35:1 o'clock [5] - 1:19, 72:25, 46:30, 49:23, 49:28, parcel [1] - 10:13 26:21, 27:18, 29:6, overshadowed [1] - 8:12 73:3, 73:6, 73:16 51:18, 51:26, 52:3, pardon [4] - 62:6, 79:17, 30:23, 31:6, 32:11, Owen [35] - 1:6, 16:29, O'Dea [1] - 54:27 52:12, 55:4, 55:8, 85:8, 93:16 33:12, 36:15, 37:14, 47:11, 51:9, 52:15, O.K [8] - 61:28, 62:26, 55:18, 56:1, 59:19, Park [2] - 57:7, 57:13 38:12, 38:20, 40:29, 60:23, 60:24, 61:2, 65:22, 66:10, 66:22, 70:29 Parliament [2] - 46:21, 41:4, 42:24, 53:14, 62:1, 71:15, 75:29, 68:23, 71:17, 72:21 old [1] - 37:13 46:27 59:14, 62:26, 63:24, 76:19, 76:26, 77:7, obligation [1] - 27:18 [1] Parliamentary [2] - 59:4, 65:22, 66:8, 66:15, older - 21:14 77:10, 77:21, 78:17, obliged [2] - 33:5, 95:17 59:22 66:27, 67:3, 67:5, Oliver [1] - 15:27 78:28, 79:14, 81:26, observe [1] - 41:30 part [14] - 7:29, 10:13, 71:13, 98:1 Omagh [1] - 63:28 82:4, 82:15, 82:18, obtained [1] - 43:30 14:10, 35:1, 36:22, night [5] - 56:23, 79:3, Omeath [2] - 66:10, 66:12 82:20, 85:11, 85:12, obvious [3] - 25:18, 90:5, 90:28, 94:13 ON [1] - 1:1 88:10, 88:16, 88:29, 45:3, 54:26, 65:27, 47:22, 65:12 66:22, 69:25, 78:25, no.. [1] - 68:5 once [1] - 49:21 89:7, 89:8, 91:5, 95:9 obviously [11] - 7:8, 88:8, 91:19, 91:21 nobody [1] - 8:8 one [40] - 1:19, 8:11, OWEN [1] - 6:1 18:13, 19:10, 21:13, particular [6] - 7:20, 8:30, Nolan [1] - 51:28 10:23, 12:13, 12:15, own [5] - 8:10, 20:4, 45:4, 22:8, 27:11, 28:10, 19:17, 20:6, 95:2, 96:26 none [4] - 11:19, 70:11, 13:5, 31:23, 41:14, 56:4, 67:19 29:25, 46:13, 64:10, particularly [6] - 18:21, 82:19 41:23, 45:5, 46:14, owned [1] - 67:20 67:9 18:28, 28:23, 57:17, north [2] - 16:8, 43:29 47:7, 53:3, 60:21, occasion [8] - 58:27, 83:10, 93:29 North [4] - 35:26, 56:14, 61:20, 66:22, 66:27, 60:21, 75:10, 93:13, P 56:20, 85:15 67:18, 69:13, 69:23, parties [3] - 1:11, 4:7, 5:1 93:18, 94:7, 94:11, parts [1] - 40:12 Northern [14] - 7:27, 9:1, 70:1, 70:2, 70:14, p.m [1] - 31:11 96:25 10:15, 24:6, 24:11, 70:24, 70:25, 73:3, P.S [1] - 20:20 party [1] - 4:18 occasions [4] - 40:5, 29:25, 48:18, 55:27, 74:4, 75:16, 76:30, page [87] - 12:4, 12:6, Party [3] - 55:20, 59:4,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 10

59:22 61:1, 61:30, 69:14, president [1] - 7:6 28:24, 30:11, 55:24, rampant [2] - 36:12, pass [2] - 87:15, 87:28 69:22, 69:30, 75:30, press [5] - 21:6, 21:28, 57:17, 58:1, 58:5, 75:6, 36:13 passage [1] - 40:21 85:12, 85:20, 86:11, 22:24, 24:29, 37:30 83:12, 96:6, 96:9, rare [1] - 84:5 passed [6] - 18:1, 18:3, 86:14, 91:2, 91:16, pressing [1] - 27:11 96:16, 96:22, 96:30 rarely [4] - 83:16, 83:18, 32:5, 42:5, 43:4, 44:5 91:22, 92:7, 92:15 pressure [2] - 56:13, 91:2 publication [14] - 11:14, 83:23, 83:24 passing [3] - 15:28, pitfalls [1] - 30:19 pretty [1] - 90:22 11:25, 18:3, 22:13, rather [2] - 26:4, 43:9 60:25, 87:22 place [11] - 6:22, 6:30, prevalent [1] - 35:22 23:2, 25:19, 27:6, 28:7, re [1] - 24:10 passport [8] - 76:26, 57:8, 58:17, 60:30, previous [1] - 51:9 29:13, 45:23, 49:24, RE [1] - 97:9 79:29, 80:15, 82:3, 61:29, 68:17, 68:19, previously [2] - 29:13, 51:15, 51:16, 66:16 RE-EXAMINED [1] - 97:9 82:9, 82:17, 82:25, 83:2 69:10, 77:24, 79:5 29:29 publications [1] - 45:29 re.. [1] - 36:19 passports [1] - 81:11 placed [2] - 16:26, 18:5 primacy [1] - 18:7 publicly [1] - 96:14 reached [1] - 56:28 past [7] - 16:24, 57:16, plan [1] - 10:27 primarily [2] - 23:28, published [9] - 22:2, reaction [2] - 25:7, 58:15 59:2, 62:28, 76:7, plates [2] - 67:21, 67:29 90:15 22:9, 28:14, 29:17, read [14] - 11:28, 12:8, 83:15, 83:21 platoon [1] - 35:30 primary [1] - 71:13 39:14, 44:28, 44:29, 14:13, 16:19, 36:22, Pat [5] - 56:29, 57:24, play [1] - 20:11 prime [1] - 21:17 45:25, 61:20 39:13, 40:9, 44:26, 58:3, 58:19, 58:23 point [15] - 4:28, 5:5, 5:9, principles [1] - 37:6 publishes [1] - 16:11 47:2, 75:23, 80:13, patently [1] - 30:19 5:17, 26:8, 27:28, prints [2] - 26:28, 27:1 purely [2] - 4:28, 88:28 96:13, 96:14, 96:22 Patrick [1] - 19:25 31:23, 52:17, 53:5, private [1] - 96:12 purported [1] - 76:10 readily [1] - 67:22 patrols [1] - 8:20 53:6, 71:10, 79:22, Private [2] - 19:19, 20:2 purpose [1] - 76:5 reading [2] - 45:4, 78:17 Patten [1] - 56:24 86:2, 95:7, 95:18 privately [1] - 36:1 purposes [1] - 16:28 reads [1] - 60:14 pattern [1] - 46:17 pointed [1] - 18:24 privilege [2] - 23:23, pursue [2] - 25:27, 30:30 real [1] - 63:20 pause [1] - 64:1 points [4] - 23:8, 27:2, 27:16 pursued [1] - 29:23 realised [2] - 46:18, 46:19 Peninsula [1] - 15:27 30:10, 31:19 problem [1] - 2:17 pursuing [1] - 23:24 reality [1] - 44:22 pension [1] - 16:7 police [11] - 11:3, 15:19, problems [1] - 63:27 put [19] - 3:7, 3:9, 3:26, really [8] - 10:2, 10:4, people [12] - 3:15, 15:23, 18:7, 19:9, 19:15, proceed [2] - 5:18, 64:17 6:14, 12:3, 37:3, 44:21, 11:8, 15:1, 38:9, 53:9, 22:22, 22:24, 26:29, 46:26, 55:29, 56:20, proceedings [4] - 19:13, 45:4, 46:7, 48:9, 52:6, 55:17, 97:4 68:19, 79:19, 84:7, 27:1, 30:14, 53:4 22:17, 35:22, 75:6 52:28, 75:14, 75:21, reason [8] - 53:21, 53:25, Police [1] - 75:13 94:24, 94:28, 95:2, professionals [1] - 46:18 75:22, 77:3, 85:18, 55:5, 55:15, 60:4, policing [1] - 57:14 94:26, 96:23 95:27 profits [1] - 14:10 70:18, 71:24, 89:2 politic [1] - 56:20 putting [2] - 34:4, 43:12 perhaps [8] - 1:30, 9:7, progress [2] - 3:16, 27:19 reasonable [1] - 25:23 political [2] - 56:4, 56:12 18:10, 19:8, 21:21, project [2] - 21:8, 30:25 receipt [1] - 22:25 politician [1] - 59:24 22:21, 63:28, 97:14 prominent [1] - 11:16 Q receive [1] - 81:29 politicians [5] - 10:12, period [6] - 10:6, 11:21, promised [1] - 58:7 received [18] - 12:29, 28:24, 51:19, 56:2, 56:3 qualified [1] - 43:17 30:8, 46:13, 84:27, promoting [1] - 56:4 13:15, 22:23, 24:28, queried [1] - 41:27 87:11 politics [1] - 48:17 propaganda [1] - 16:28 27:7, 28:13, 30:2, queries [3] - 4:13, 49:8, periods [1] - 3:14 posed [1] - 30:7 41:18, 41:28, 42:11, proper [1] - 8:17 49:9 person [13] - 12:20, position [5] - 3:7, 3:25, properly [2] - 61:25, 82:1 62:20, 69:9, 69:21, 14:14, 15:30, 21:6, 26:27, 63:30, 95:1 Queries [1] - 28:8 propose [3] - 29:22, 69:29, 76:6, 76:7, 76:8, questioned [4] - 28:16, 38:17, 38:18, 39:19, possibility [2] - 9:27, 30:26, 97:6 76:11 51:26, 54:6, 63:9, 64:20 30:3, 43:7, 87:1 prosecution [1] - 15:18 receiving [1] - 70:7 questioning [2] - 30:21, 63:11, 64:10, 81:10 possible [16] - 1:14, 3:15, recent [3] - 28:23, 78:2, prospect [1] - 10:3 92:24 personal [9] - 30:24, 3:16, 19:4, 20:12, [1] 83:7 prospects - 63:22 questions [21] - 2:29, 35:19, 78:26, 78:27, 20:15, 20:22, 21:11, recently [2] - 90:20, 95:11 provide [4] - 20:14, 6:21, 7:11, 8:26, 17:16, 88:28, 89:19, 91:27, 21:16, 23:30, 34:18, recipient [1] - 64:2 41:24, 72:4, 72:5 30:7, 69:7, 84:17, 94:4 35:12, 43:11, 72:24, reciprocate [1] - 27:20 provided [15] - 5:6, 16:23, 84:19, 84:21, 85:18, personally [2] - 21:19, 81:7, 92:14 recognise [1] - 26:15 22:27, 27:21, 34:11, 92:21, 92:24, 93:7, 95:27 possibly [3] - 70:4, 79:7, recollection [1] - 96:19 34:12, 34:30, 35:6, 93:14, 93:17, 95:8, personnel [2] - 92:1, 92:3 82:27 recommended [1] - 58:18 42:19, 49:5, 66:20, 95:12, 95:30, 96:2, persons [1] - 65:14 posting [1] - 60:17 record [8] - 18:14, 18:20, 70:5, 71:19, 71:29, 72:6 97:11 pertinent [1] - 53:28 postponed [1] - 4:22 23:14, 27:21, 53:22, providing [2] - 21:29, quickly [4] - 21:11, 37:15, perused [1] - 22:19 powerful [1] - 21:20 72:17, 96:30, 97:4 92:9 63:15, 72:24 Peter [1] - 46:12 practical [1] - 21:22 record' [1] - 22:23 proving [1] - 97:26 quiet [2] - 7:21, 20:13 phone [4] - 31:28, 32:1, practice [1] - 70:6 recorded [2] - 32:27, 37:2 provision [1] - 8:25 quietly [1] - 16:5 42:1, 70:26 precarious [1] - 63:29 records [2] - 23:26, 31:17 Provisional [7] - 60:19, quite [7] - 3:29, 11:11, phoned [3] - 41:29, preface [1] - 70:19 recount [1] - 6:30 60:26, 61:2, 62:1, 82:7, 50:18, 76:22, 81:7, 51:22, 62:10 preferable [1] - 44:23 recounting [1] - 7:1 82:12, 82:30 90:15, 93:20 photographed [1] - 26:29 preferably [1] - 18:19 recovery [1] - 23:26 prudent [4] - 23:11, 26:4, quote [3] - 11:8, 13:19, photographing [1] - prejudice [1] - 4:18 27:4, 30:28 15:10 recruited [1] - 60:17 45:10 prejudiced [3] - 3:8, 3:21, red [1] - 67:20 précis [6] - 75:15, 75:16, quoted [2] - 10:24, 30:10 photographs [7] - 19:5, 4:23 redacted [1] - 63:8 75:20, 75:26, 76:4 quoting [2] - 10:18, 37:18 22:13, 23:3, 23:13, Prenty [5] - 13:21, 13:25, PSNI [19] - 2:8, 2:17, refer [14] - 7:21, 9:17, 24:9, 25:25, 45:10 13:26, 37:16, 42:27 2:21, 3:2, 3:9, 3:23, R 12:23, 22:12, 26:26, piece [7] - 12:23, 31:23, preparation [1] - 34:23 4:13, 4:22, 4:26, 5:11, 29:12, 32:18, 37:21, 32:7, 52:12, 53:19, prepared [4] - 11:1, 42:8, 5:13, 65:8, 76:6, 77:4, racketeering [1] - 20:21 40:12, 40:28, 57:10, 71:13, 76:14 57:28, 65:26 84:26, 93:14, 93:17, radios [1] - 11:2 66:22, 77:13, 78:14 pieces [1] - 71:4 presence [1] - 55:3 96:7 raised [5] - 4:13, 21:24, reference [19] - 9:27, [20] PIRA - 18:17, 19:2, present [5] - 4:29, 6:23, public [15] - 14:21, 22:17, 24:21, 28:9, 29:19 13:28, 14:16, 24:13, 31:9, 31:29, 45:29, 30:8, 44:4, 70:16 33:13, 33:21, 36:20,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 11

37:9, 43:1, 49:4, 55:19, 97:17 18:22, 76:15, 77:7, RUC's [1] - 27:28 seeing [1] - 11:3 59:21, 60:8, 75:17, repeated [1] - 43:7 77:29, 84:8, 87:12, rumour [5] - 85:19, 85:22, seek [1] - 23:26 83:15, 93:20, 94:3, repeatedly [1] - 7:16 87:17, 87:29, 89:2, 86:17, 86:19, 91:24 seeking [1] - 55:27 94:14, 96:14 replicates [1] - 29:3 90:16, 90:20, 92:16 rumoured [1] - 37:10 seizure [1] - 66:12 references [1] - 12:2 replied [2] - 81:1, 82:2 retires [1] - 88:19 rumours [9] - 84:29, 85:3, selective [1] - 68:21 referred [14] - 16:1, 21:3, reply [2] - 3:7, 31:16 return [2] - 4:16, 26:5 86:13, 86:20, 87:5, sending [2] - 64:29 23:19, 39:20, 40:6, Report [2] - 54:26, 55:9 returning [1] - 24:6 87:6, 87:24, 87:26, Senior [1] - 75:9 42:28, 48:1, 51:8, 57:7, report [29] - 10:18, 10:24, returns [1] - 24:11 94:21 senior [12] - 1:24, 14:28, 61:17, 64:14, 69:12, 23:3, 24:24, 25:14, reveal [3] - 17:28, 19:14, running [1] - 83:12 22:24, 24:28, 47:6, 69:15, 79:28 26:26, 27:3, 28:20, 24:2 47:17, 47:18, 53:9, referring [3] - 42:30, 29:12, 30:1, 33:7, 40:9, revealed [2] - 31:14, S 60:21, 60:30, 61:30, 43:8, 71:10 40:13, 41:5, 42:4, 42:8, 31:17 84:28 safe [2] - 15:28, 63:23 refers [1] - 59:3 42:9, 44:27, 47:20, revelation [1] - 15:14 sensitive [2] - 16:6, 30:22 safety [3] - 67:28, 68:4, refused [2] - 34:1, 44:20 48:24, 55:19, 57:28, revelations [1] - 30:6 sensitivity [1] - 28:23 91:27 refuses [2] - 24:2, 33:30 60:3, 60:8, 61:19, right-hand [5] - 12:5, sent [6] - 42:7, 62:30, salient [1] - 23:8 regard [4] - 28:16, 30:6, 66:17, 66:20, 66:22, 17:3, 20:30, 33:19, 63:8, 64:6, 64:10, 64:26 Sampson [1] - 57:1 49:9, 67:24 67:1 50:15 sentence [2] - 49:13, 64:2 sanctioned [1] - 22:27 regarding [9] - 4:9, 4:13, reported [4] - 69:24, 88:4, rise [2] - 57:17, 73:16 September [15] - 31:7, Saturday [2] - 8:18, 56:23 4:17, 44:6, 84:30, 85:3, 88:5, 88:6 Road [1] - 32:2 42:6, 42:9, 48:23, 87:3, 87:6, 87:21 reporting [4] - 9:9, 48:25, road [1] - 68:20 Saville [2] - 23:30, 24:7 48:25, 49:7, 51:1, regime [2] - 95:24 69:10, 76:9 roaming [1] - 8:6 saw [3] - 25:4, 45:6, 54:19, 60:11, 61:10, 70:27 region [2] - 18:13, 29:8 reports [7] - 9:6, 9:20, Robert [2] - 55:29, 57:25 63:1, 63:6, 64:12, SB [3] - 18:17, 21:24, Regional [5] - 25:10, 10:9, 28:10, 29:29, rOBINSON [1] - 95:23 65:25, 69:29 33:30 26:7, 28:4, 29:7, 32:30 32:29, 33:1 ROBINSON [12] - 4:6, September/October [1] - related [1] - 29:28 representations [1] - 84:21, 84:23, 84:25, SB/CID [1] - 22:24 58:9 relating [4] - 1:23, 27:12, 30:14 86:5, 89:17, 91:14, SB50 [11] - 2:7, 2:18, 4:9, sequence [3] - 13:1, 31:24, 32:22 represented [1] - 18:29 92:21, 95:7, 95:17, 35:15, 85:7, 85:9, 42:29, 75:20 relation [34] - 1:29, 31:19, Republic [1] - 67:11 95:20, 95:30 85:19, 94:14, 94:16, Sergeant [7] - 51:10, 96:7, 96:22 31:23, 37:7, 38:26, republican [2] - 14:7, Robinson [8] - 2:8, 2:11, 77:7, 77:10, 78:5, 40:26, 45:7, 47:20, 63:21 2:19, 2:23, 4:3, 20:1, scathing [1] - 47:20 84:28, 86:20, 87:24 64:19, 68:5, 75:24, republicans [1] - 55:27 84:25, 97:12 screen [3] - 6:14, 12:7, sergeant [4] - 12:13, 76:13, 76:18, 77:9, reputation [1] - 85:21 rogue [1] - 37:11 75:22 12:15, 12:20, 87:16 77:21, 78:1, 78:5, Request [1] - 21:3 role [3] - 16:5, 30:25, 67:9 Seamus [1] - 19:23 serious [6] - 1:23, 10:2, 78:19, 80:1, 80:14, request [1] - 15:17 Ronnie [4] - 15:15, 47:19, search [1] - 31:16 10:10, 14:24, 15:2, 81:20, 81:21, 81:22, requested [1] - 34:6 47:27 searching [1] - 30:7 57:18 82:3, 82:21, 82:25, requesting [1] - 21:10 room [1] - 1:18 second [20] - 15:5, 15:19, seriously [2] - 94:1, 94:5 83:2, 83:13, 83:27, requests [1] - 18:7 Rosemary [1] - 57:25 17:9, 17:11, 27:3, seriousness [1] - 27:17 36:17, 39:25, 40:19, 86:8, 94:3, 96:5, 96:7, require [1] - 24:7 route [2] - 46:16, 69:24 Service [2] - 65:21, 75:13 41:16, 48:28, 49:30, 97:1 required [1] - 27:8 Roy [3] - 2:10, 4:8, 75:12 service [1] - 8:24 50:16, 57:10, 59:8, relationship [3] - 82:12, research [1] - 19:4 Royal [1] - 22:5 services [2] - 63:21, 82:29, 93:26 66:8, 77:13, 79:8, resourcing [1] - 30:9 rubbish [1] - 71:21 63:26 relationships [2] - 75:30, 80:13, 82:7, 92:30 respect [33] - 2:6, 2:11, RUC [83] - 10:18, 10:28, serving [1] - 20:6 secondly [2] - 48:12, 64:6 82:7 2:24, 10:11, 11:16, 11:6, 12:12, 12:16, session [1] - 98:1 Secret [2] - 31:8, 65:21 relatively [2] - 20:13, 86:5 18:6, 23:16, 24:1, 12:20, 12:29, 13:9, set [9] - 11:2, 35:28, released [1] - 19:12 26:27, 28:8, 28:11, 13:14, 13:17, 14:3, Secretary [1] - 30:11 43:27, 48:29, 55:9, relevant [6] - 27:26, 29:9, 29:13, 30:11, 14:28, 15:16, 15:21, sections [4] - 12:9, 37:21, 59:5, 59:26, 60:6, 68:30 40:13, 40:28 27:29, 33:3, 40:14, 32:22, 32:28, 33:6, 15:27, 16:4, 16:17, sets [1] - 40:22 security [10] - 2:11, 5:8, 69:4, 75:19 35:15, 36:28, 40:9, 17:19, 17:24, 17:30, setting [2] - 68:24, 68:28 18:4, 18:27, 19:13, reliability [2] - 40:6, 41:23, 42:13, 43:16, 19:3, 19:27, 20:6, several [3] - 38:10, 46:26, 94:18 43:25, 44:11, 44:30, 20:25, 21:1, 21:6, 25:25, 36:7, 47:6, 68:17 57:18, 85:14 reliable [4] - 69:18, 69:26, 57:12, 57:28, 58:2, 21:28, 24:29, 25:10, Shankill [1] - 19:9 see [52] - 6:8, 6:13, 12:5, 70:3, 77:5 58:19, 70:10, 72:18, 26:10, 26:21, 28:3, share [1] - 70:6 12:13, 15:8, 15:11, relied [1] - 43:28 97:5 29:7, 31:3, 32:13, Sheridan [2] - 65:24, 66:4 20:22, 20:30, 21:2, religious [1] - 68:6 respectful [1] - 95:11 33:12, 33:28, 33:29, Shields [1] - 19:26 24:18, 25:14, 26:21, remain [2] - 20:13, 57:16 responded [1] - 43:20 34:13, 34:22, 34:27, shocking [1] - 8:11 27:15, 27:18, 28:15, remarks [1] - 4:3 response [3] - 54:21, 35:2, 35:5, 35:14, 36:7, shooting [5] - 19:19, 33:13, 33:15, 33:20, remember [20] - 7:4, 78:15, 95:8 36:17, 36:28, 37:2, 19:23, 69:23, 69:25, 33:21, 33:22, 36:1, 11:9, 25:20, 36:22, responsible [5] - 9:13, 41:17, 41:28, 42:7, 70:2 40:15, 41:5, 41:10, 53:10, 53:29, 54:3, 15:22, 21:15, 69:14, 42:11, 42:19, 43:8, shootings [1] - 18:27 54:6, 54:16, 76:28, 45:30, 46:16, 46:30, 70:2 45:18, 45:19, 45:22, shot [1] - 16:3 79:10, 79:24, 79:25, 45:26, 47:17, 47:18, 48:27, 48:29, 48:30, responsibly [1] - 18:1 showed [1] - 6:8 79:26, 87:5, 90:14, 48:9, 48:22, 49:13, 50:5, 50:13, 50:19, rest [2] - 17:29, 20:22 sic [1] - 19:7 93:15, 94:10, 94:12, 51:27, 54:16, 54:21, 51:2, 54:2, 56:22, 57:4, result [5] - 11:22, 34:12, sick [5] - 87:12, 87:23, 59:9, 59:11, 60:1, 60:8, 94:13 38:4, 45:4, 60:13 56:11, 56:18, 56:19, 61:28, 62:29, 63:1, 87:28, 88:23, 89:18 reminded [1] - 7:23 resulting [1] - 21:20 59:6, 59:26, 62:20, 63:10, 63:18, 64:8, side [5] - 35:10, 40:16, removal [1] - 63:23 RESUMED [1] - 1:1 65:8, 67:28, 68:21, 66:9, 66:25, 67:1, 41:9, 41:10, 94:17 remove [1] - 63:26 retaliate [1] - 8:7 69:23, 70:2, 70:7, 71:8, 83:17, 86:16 sides [1] - 8:4 repeat [3] - 89:10, 89:12, 85:11, 94:15 retired [15] - 13:20, 16:7, sign [1] - 81:11

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 12 significance [1] - 64:19 35:14, 38:13, 38:16, 16:5, 45:11, 49:14, Sunday [1] - 27:7 13:11, 36:25, 41:22, significant [1] - 90:15 41:18, 42:11, 42:19, 62:3, 62:11, 80:22, Superintend [1] - 27:13 43:8 Silverbridge [1] - 19:22 42:27, 45:19, 48:9, 81:4, 84:8, 90:11 Superintendent [57] - Telegraph [3] - 17:4, similar [1] - 37:7 51:10, 62:20 Station [8] - 12:29, 31:28, 2:10, 11:17, 11:18, 17:13, 17:18 simple [1] - 49:13 specific [4] - 7:22, 25:22, 36:21, 36:26, 42:2, 13:25, 15:12, 15:13, telephone [3] - 24:5, simply [1] - 34:4 76:28, 83:28 51:22, 61:4, 65:24 18:12, 19:30, 20:27, 24:13, 27:5 sincerely [1] - 20:17 specific' [1] - 43:18 station' [1] - 11:4 22:7, 23:7, 23:17, telephoned [8] - 12:30, single [1] - 76:23 specifically [2] - 2:16, stationed [1] - 60:25 24:16, 24:19, 24:20, 13:16, 41:19, 42:12, Siochana [9] - 1:24, 8:29, 42:10 stations [2] - 66:24, 67:6 25:3, 26:25, 27:13, 61:2, 62:1, 62:10, 62:21 14:27, 32:5, 38:30, specificity [1] - 84:1 statistics [1] - 18:26 28:10, 29:10, 29:24, ten [6] - 11:20, 13:6, 50:12, 50:22, 87:23, speculate [1] - 55:4 Statutory [2] - 68:24, 30:4, 31:24, 31:25, 16:11, 67:13, 85:27, 92:8 speculated [2] - 78:11, 68:28 31:29, 31:30, 32:14, 86:2 sittings [1] - 1:14 79:12 stay [2] - 8:22 32:19, 32:23, 33:6, ten-and-a-half [2] - situation [7] - 3:14, 4:1, speculating [1] - 53:6 Stevens [2] - 56:27, 58:22 38:23, 38:24, 42:9, 11:20, 16:11 8:5, 8:9, 14:20, 16:10, speculation [8] - 10:26, stick [1] - 83:26 42:13, 50:8, 50:24, tenuous [1] - 71:17 68:7 44:19, 44:22, 45:2, still [6] - 27:15, 53:17, 51:6, 51:7, 57:23, term [1] - 84:4 six [4] - 14:3, 76:7, 76:15, 45:8, 45:12, 79:22, 64:21, 91:19, 91:21, 57:24, 60:29, 67:9, terms [10] - 3:26, 21:16, 89:18 79:25 97:5 67:10, 67:19, 67:25, 38:2, 38:27, 53:15, small [2] - 56:19, 86:5 speedily [1] - 30:16 stopped [2] - 2:18, 2:29 69:12, 69:13, 75:12 68:3, 68:9, 83:14, SMITH [1] - 72:9 spoken [4] - 27:5, 28:19, stories [2] - 9:24, 9:26 superior [1] - 96:18 94:17, 94:23 Smithwick [1] - 69:8 29:21, 55:2 story [5] - 9:14, 9:25, supply [1] - 23:14 terrified [1] - 68:19 smoking [1] - 35:22 spokesman [1] - 10:29 14:6, 37:13, 46:21 support [2] - 31:26, 45:13 terrorist [1] - 17:27 socialise [2] - 89:21, spokesperson [1] - 10:18 straightforward [1] - supported [1] - 44:4 tested [1] - 97:3 89:24 sporadic [2] - 6:24, 9:9 49:12 supportive [1] - 94:24 that'll [1] - 3:30 socialised [2] - 89:11, spread [2] - 84:30, 86:13 streets [1] - 63:23 suppose [1] - 8:27 THE [9] - 1:1, 73:18, 74:1, 89:14 staff [2] - 33:1, 33:5 stress [1] - 63:16 surely [1] - 79:6 84:23, 92:28, 95:20, socialising [1] - 89:26 stage [6] - 27:28, 39:1, stronger [1] - 43:14 surprised [1] - 37:5 97:9, 98:6 soldiers [2] - 19:20, 24:1 39:19, 47:25, 81:29, strongly [1] - 58:18 surrounding [1] - 37:8 themselves [1] - 65:15 solicitor [2] - 4:10, 6:9 90:29 subject [8] - 20:20, 21:1, surveillance [1] - 68:13 THEN [1] - 73:18 someone [8] - 2:15, stage.. [1] - 35:7 21:3, 22:21, 24:22, suspects [1] - 26:29 then-leader [1] - 55:20 12:28, 13:12, 16:3, Stalker [1] - 57:1 31:8, 40:25, 92:1 suspicion [1] - 80:27 theory [3] - 15:2, 43:12, 79:6, 88:5, 90:1, 91:28 stamp [1] - 45:4 submission [2] - 2:24, suspicions [1] - 65:10 56:2 Sometime [1] - 16:4 stamped [1] - 14:5 95:12 suspicious [2] - 87:24, therefore [7] - 22:26, sometime [3] - 20:11, stand [1] - 3:28 submissions [2] - 72:13, 87:26 25:27, 27:25, 28:25, 24:8, 48:13 standard [1] - 70:6 97:5 swears [1] - 51:1 57:20, 81:10, 98:1 sometimes [1] - 83:18 standards [1] - 7:22 submitted [1] - 28:10 SWORN [1] - 75:1 therein [2] - 22:20, 28:17 son [1] - 58:10 standing [2] - 57:20, subordinates [1] - 45:27 sympathetic [1] - 94:29 thinks [1] - 4:25 soon [1] - 63:18 68:20 subsequently [1] - 16:7 sympathiser [1] - 14:7 third [9] - 12:4, 12:6, sorry [15] - 1:28, 5:2, 8:3, standpoint [1] - 23:10 substance [1] - 45:7 sync [1] - 62:17 40:18, 41:14, 51:4, 48:6, 65:22, 77:2, start [7] - 2:4, 8:26, substantiate [2] - 31:20, 56:27, 66:23, 66:27, 78:17, 82:11, 89:10, 16:17, 21:11, 35:21, 37:11 T 66:30 89:12, 91:10, 93:26, 66:9, 77:6 substantiated [1] - 23:29 thorn [1] - 35:10 tab [53] - 12:1, 17:9, 94:3, 96:11, 97:17 started [3] - 35:2, 35:23, subversives [8] - 49:11, thorough [1] - 57:21 17:10, 37:15, 37:20, sorted [1] - 18:5 36:3 82:28, 94:22, 94:24, threat [1] - 63:20 37:22, 39:12, 39:24, sought [4] - 23:28, 47:25, starts [1] - 41:8 94:25, 94:28, 94:29 three [16] - 12:9, 12:25, 40:13, 41:4, 44:9, 47:26, 96:21 State [1] - 30:11 subversives' [1] - 42:16 15:24, 19:22, 33:22, 45:30, 46:30, 47:2, source [10] - 19:14, 23:2, state [5] - 35:25, 76:4, suddenly [2] - 49:24, 47:9, 67:14, 67:16, 48:16, 48:22, 49:2, 23:14, 24:14, 34:6, 79:4, 79:7, 79:16 49:25 69:22, 70:5, 77:1, 77:6, 49:28, 49:30, 50:16, 41:21, 44:19, 57:16, statement [34] - 31:26, sufficient [2] - 43:30, 89:2, 89:17, 94:28 51:20, 52:3, 52:7, 96:20, 97:2 43:5, 43:10, 44:1, 44:4, 68:4 throughout [2] - 34:16, 52:12, 52:22, 54:26, sourced [1] - 25:25 45:30, 49:6, 49:7, suggest [6] - 21:21, 35:22 55:18, 57:4, 57:10, sources [7] - 15:22, 20:4, 49:20, 49:21, 49:22, 25:29, 27:25, 64:1, Thursday [2] - 64:20, 58:25, 58:30, 59:7, 25:19, 44:19, 47:9, 49:30, 50:1, 51:1, 51:5, 81:30, 88:29 76:17 59:13, 59:14, 59:15, 70:6, 92:9 51:9, 51:12, 51:15, suggested [3] - 25:28, timing [1] - 3:13 59:18, 59:28, 59:30, south [11] - 17:23, 18:17, 52:7, 52:30, 55:13, 69:16, 72:29 timings [2] - 4:17, 43:1 65:22, 66:15, 66:23, 20:6, 28:8, 29:8, 38:1, 55:16, 57:6, 58:25, suggesting [9] - 16:12, timings' [1] - 43:9 66:27, 66:28, 66:29, 38:26, 43:29, 51:19, 60:1, 60:9, 60:10, 38:16, 39:5, 49:15, tip [7] - 13:1, 13:16, 66:30, 68:15, 68:23 67:13, 67:29 60:14, 61:26, 61:28, 54:22, 69:22, 69:30, 42:12, 43:17, 43:18, tabloid [1] - 9:15 South [1] - 22:14 62:15, 89:28, 91:6, 91:7 70:21, 96:29 59:26, 62:21 tabloids [1] - 9:12 southern [1] - 18:13 statements [1] - 44:20 suggestion [2] - 10:10, tip-off [3] - 43:17, 43:18, tabs [4] - 37:15, 48:6, speaking [4] - 59:23, states [6] - 22:11, 31:27, 10:19 59:26 59:9 68:22, 82:14, 93:9 44:3, 75:26, 85:11, suggestions [4] - 11:12, tipped [1] - 62:15 tale [1] - 8:10 Special [27] - 12:16, 86:16 11:16, 11:21, 20:5 tit [1] - 8:5 talks [2] - 57:7, 57:13 12:29, 13:3, 13:15, stating [10] - 26:7, 37:18, suggests [3] - 14:27, tit-for-tat [1] - 8:5 target [2] - 68:13, 68:22 14:3, 16:4, 18:13, 39:9, 43:17, 43:20, 70:12, 72:19 Toby [23] - 12:21, 16:11, tat [1] - 8:5 18:22, 18:23, 24:29, 49:29, 52:8, 53:8, suits [1] - 90:14 17:18, 20:18, 20:25, team [2] - 86:16, 87:2 25:23, 26:12, 31:17, 54:21, 62:13 summary [2] - 44:14, 21:10, 21:15, 22:14, technical [5] - 12:27, 34:13, 34:27, 35:5, station [12] - 10:3, 10:20, 69:8 23:11, 25:20, 26:8,

Doyle Court Reporters Ltd. Smithwick Tribunal - 30 July 2012 - Day 118 13

27:6, 28:7, 29:3, 29:14, turns [1] - 63:3 update [1] - 27:14 Weston [2] - 57:7, 57:13 89:17, 89:18 32:20, 33:11, 37:16, twelve [3] - 83:11, 83:15, useful [2] - 18:24, 18:29 WF [1] - 65:28 years.. [1] - 76:15 37:27, 38:22, 38:25, 83:21 what.. [1] - 71:12 York [2] - 24:5, 24:12 39:1, 39:17 two [32] - 1:5, 7:18, 7:24, V whatsoever [1] - 82:19 today [5] - 1:5, 2:22, 6:3, 7:26, 9:7, 9:21, 10:25, whichever [1] - 3:2 VALENTINE [9] - 74:3, 28:13, 97:30 10:28, 14:28, 15:8, whilst [2] - 32:25, 87:28 75:1, 75:4, 84:16, 96:4, together [1] - 76:23 16:24, 30:20, 32:1, whole [5] - 13:6, 14:20, 96:29, 97:9, 97:11, Tom [3] - 15:27, 84:10 35:29, 48:1, 50:2, 50:7, 35:27, 58:10, 87:2 97:29 took [8] - 6:30, 32:25, 50:23, 62:28, 63:19, widest [1] - 46:20 valuable [1] - 18:16 36:1, 43:28, 57:8, 67:14, 68:11, 69:11, Willie [6] - 46:11, 48:14, vampires [1] - 95:24 60:30, 61:29, 65:15 69:23, 70:2, 70:22, 61:13, 61:15, 65:18, variety [1] - 9:15 tool [1] - 45:28 71:8, 72:25, 80:2, 65:23 various [3] - 22:25, 24:30, top [13] - 12:4, 17:3, 84:11, 96:4, 97:11 willing [4] - 23:12, 24:11, 20:30, 31:9, 33:19, twofold [1] - 71:4 63:19 28:21, 29:21 Vauxhall [1] - 67:20 36:16, 37:6, 41:8, type [4] - 7:27, 8:4, 47:21, wish [3] - 12:23, 26:26, 45:22, 52:25, 53:17, 47:25 vehicle [1] - 67:20 29:16 venue [1] - 5:1 62:30, 66:9 wished [2] - 34:17, 35:30 veracity [2] - 34:2, 34:3 totally [1] - 6:26 U wishes [1] - 12:3 verification [1] - 22:16 touched [1] - 89:30 with.. [1] - 5:18 Ulster [2] - 22:5, 55:20 verocity [1] - 34:2 towards [2] - 32:11, WITNESS [4] - 84:23, ultimately [3] - 48:8, 35:19 version [3] - 80:14, 80:18, 92:28, 95:20, 97:9 54:9, 66:20 97:20 Tracy [1] - 15:24 Witness [3] - 71:21, unable [2] - 32:3, 96:26 tragedy [1] - 13:5 via [1] - 25:25 96:17, 96:25 unbelievable [1] - 37:3 viable [1] - 27:19 trailor [1] - 19:27 witness [16] - 1:9, 2:9, unclear [1] - 6:26 transcript [7] - 32:27, vicinity [1] - 45:11 2:12, 2:19, 2:21, 3:1, uncommon [1] - 7:27 33:10, 33:14, 45:30, victims' [1] - 44:24 3:3, 3:11, 4:8, 5:9, 6:18, under [1] - 91:2 65:23, 78:18, 96:11 view [9] - 5:9, 18:17, 72:25, 74:4, 92:24, undercover [1] - 63:20 transcripts [2] - 52:3, 21:9, 27:28, 64:18, 95:18, 97:6 undertake [1] - 57:21 52:4 81:2, 90:29, 91:1, 97:22 witness's [1] - 1:23 uneasy [1] - 12:14 transfers [1] - 15:26 visit [8] - 79:6, 88:19, witness-box [2] - 3:1, unethical [4] - 75:30, transport [1] - 35:28 88:26, 89:19, 90:7, 3:11 82:7, 82:12, 82:29 travelled [1] - 58:11 93:8, 93:21, 93:30 witnesses [2] - 1:5, 96:16 unfair [1] - 2:27 travelling [2] - 12:7, visited [10] - 78:17, Witnesses [1] - 96:17 unfairly [1] - 4:18 78:21, 78:23, 79:15, 12:12 woman [1] - 51:28 unfortunate [2] - 7:24, 79:18, 79:19, 88:24, treated [1] - 17:30 wonder [3] - 8:13, 77:15, 68:11 trends [1] - 18:15 88:28, 89:2, 90:1 84:29 unfortunately [2] - 4:9, visiting [2] - 68:12, 94:4 TRIBUNAL [4] - 1:1, wondered [1] - 1:22 40:14 visits [3] - 67:12, 67:13, 73:18, 74:1, 98:6 word [4] - 55:17, 84:13, ungraded [1] - 31:27 Tribunal [19] - 3:6, 3:11, 67:15 84:14, 90:11 Unionist [6] - 28:24, vital [1] - 88:2 8:28, 9:18, 59:20, 69:8, words [5] - 16:28, 46:22, 55:20, 56:3, 56:12, 72:6, 75:5, 75:10, 83:9, 76:9, 80:13, 94:12 59:22, 59:24 83:12, 83:16, 83:19, W works [1] - 31:27 unique [1] - 90:22 84:3, 84:12, 93:7, worse [2] - 8:12, 8:14 unit [7] - 85:26, 86:5, wants [1] - 2:23 94:16, 94:27, 95:10 worse' [1] - 13:7 87:18, 88:8, 88:12, warned [2] - 91:18, 92:2 Tribunal's [3] - 5:9, Wright [1] - 57:26 88:14, 89:25 warning [1] - 91:27 83:14, 89:30 write [1] - 17:29 Unit [1] - 86:1 WAS [6] - 6:1, 75:1, triggered [1] - 32:1 writing [3] - 34:23, 37:5, units [2] - 22:25, 24:30 84:23, 92:28, 95:20, Trimble [1] - 55:21 37:28 unknown [3] - 31:27, 97:9 trouble [1] - 97:6 written [8] - 20:10, 22:9, 31:28, 69:11 Washington [1] - 32:21 Troubles [2] - 14:29, 28:7, 29:14, 36:30, unless [1] - 80:24 Water [1] - 19:25 17:23 40:4, 48:24, 72:13 weapons [3] - 15:28, true [8] - 14:6, 69:19, UNTIL [1] - 98:6 19:2, 19:3 wrote [2] - 54:9, 54:14 69:27, 70:4, 80:25, untoward [1] - 93:30 Wednesday [10] - 2:13, 92:13, 94:30, 97:26 untrue [1] - 97:27 2:16, 4:12, 5:7, 5:14, X truly [1] - 76:17 up [39] - 6:14, 6:15, 9:14, 73:6, 73:10, 75:14, trust [4] - 27:22, 50:12, 10:15, 11:3, 12:2, 12:3, X' [2] - 12:16, 33:21 98:2, 98:4 50:22, 63:15 12:7, 15:25, 18:17, 35:28, 39:2, 43:27, WEDNESDAY [1] - 98:6 truth [2] - 34:3, 39:27 Y week [8] - 1:16, 1:17, try [1] - 59:29 45:2, 55:6, 55:9, 58:12, 59:5, 59:26, 60:6, 4:10, 4:11, 7:3, 8:13, Y's [1] - 16:5 trying [7] - 3:15, 26:8, 59:21, 75:12 year [6] - 11:21, 15:6, 38:3, 62:16, 64:29, 68:28, 68:30, 70:16, weekend [2] - 6:9, 16:19 33:11, 77:29, 88:16, 68:9, 72:24 75:22, 77:12, 77:25, 81:4, 85:27, 90:17, weekends [1] - 8:16 88:18 Tuesday [2] - 2:6, 2:7 90:20, 90:26, 91:2, weeks [5] - 8:1, 16:24, years [16] - 6:22, 6:30, Tullyvallen [1] - 19:21 94:15, 94:24, 97:14, 46:13, 59:2, 62:28 16:11, 49:25, 51:2, turn [6] - 12:24, 26:21, 97:16, 97:19, 97:21 welcome [2] - 19:5, 20:5 51:13, 53:23, 76:7, 28:2, 42:24, 53:14, 83:9 up-to-date [1] - 18:17 well-informed [1] - 85:13 76:15, 78:2, 78:8, turned [1] - 35:27 up.. [1] - 68:24 well-known [1] - 14:7 80:28, 83:7, 89:3, turning [1] - 79:27

Doyle Court Reporters Ltd.