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 : Niall Mooney, 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 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.

CHRIS RYDER

EXAMINED BY MR. VALENTINE 2 1

CROSS-EXAMINED BY MR. DURACK 41 19

CROSS-EXAMINED BY MR. O'CALLAGHAN 63 15

CROSS-EXAMINED BY MR. COFFEY 83 25

RE-EXAMINED BY MR. VALENTINE 91 8 - 8 December 2011 - Day 63 1

1 THE TRIBUNAL RESUMED ON THE 8TH OF DECEMBER, 2011,

2 AS FOLLOWS:

3

4 CHAIRMAN: Morning, ladies and gentlemen. I am sorry for

5 the late start, I can assure you it was very necessary.

6

7 MR. VALENTINE: Good morning, Chairman. Chairman, there

8 are two witnesses scheduled for today. The first of those

9 witnesses is Mr. Chris Ryder. Mr. Ryder is already in the

10 witness-box. 11

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Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 2

1 CHRIS RYDER, HAVING BEEN SWORN, WAS EXAMINED BY

2 MR. VALENTINE AS FOLLOWS:

3

4 MR. VALENTINE: I should say at the outset, Chairman, that

5 there are two aspects to Mr. Ryder's evidence which relate

6 to lines of inquiry which the Tribunal is currently

7 pursuing in its ongoing concurrent private investigation,

8 and, in those circumstances, it would be premature to hear

9 from Mr. Ryder in relation to those two aspects today, but

10 he has kindly agreed to return for a second visit to give

11 that evidence in the new year, if required.

12

13 CHAIRMAN: Thank you very much.

14

15 1 Q. MR. VALENTINE: Now, Mr. Ryder, I believe you are a

16 journalist with some 40 years of experience of covering

17 events in . I wonder if you could just

18 outline to the Chairman your career history, so to speak?

19 A. Well, for 18 years, from about 1972, I worked for the

20 Sunday Times. I was based in London, I spent most

21 of my time back in and . And then, after

22 that, I joined the Daily Telegraph in 1988 and I stayed

23 there until 1993, and since then I have been a freelance

24 writer. I have written about ten books about various

25 aspects of the police and military activities in Northern

26 Ireland over the years. I also served on the Northern

27 Ireland Police Authority from 1994 to 1996, and I was a

28 member of the Community Relations Council in Northern

29 Ireland from 1990 to 1996.

30 2 Q. I think it's fair to say, Mr. Ryder, that you have, in your

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 3

1 journalistic endeavours, you have a particular expertise,

2 and are known to have a particular expertise, in policing

3 and security matters?

4 A. Yes, those would be the two areas in which most of my works

5 was focused.

6 3 Q. And I understand, in fact, that, in 1989, you wrote a book

7 called A Force Under Fire, which is considered by many to

8 be the definitive history of the RUC to that date?

9 A. Yes, that's my book.

10 4 Q. I think you have been following press coverage of the

11 Tribunal, and a number of matters which you saw arose your

12 interest because you had previously written certain

13 articles in relation to one of those. One of those is a

14 name that arose in the context of the Tribunal's business,

15 and that's the name of a businessman called Jim McCann in

16 Dundalk?

17 A. That's correct, yeah.

18 5 Q. Did you write an article in relation to Mr. McCann?

19 A. Yes. My attention was drawn to Mr. McCann's operations in

20 Dundalk by a source of mine at Scotland Yard, and by other

21 sources then in Northern Ireland once I had begun to make

22 inquiries. I actually vaguely knew of McCann, who had been

23 prominent as a boxer in Northern Ireland in the years,

24 about late 1960s, perhaps, at the very early stage of the

25 Troubles. I was then aware that he had jumped bail, but I

26 can't recall for what offence he was before the courts in

27 Northern Ireland. And then I didn't hear of him again

28 until this link to the gaming-machines factory in Dundalk

29 was pointed out to me.

30 6 Q. You knew he jumped bail. Were you aware that he had fled

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 4

1 the jurisdiction into the Republic?

2 A. Yes, I discovered then, when I made some inquiries, that he

3 had taken up residence, I think it was at a place called

4 Dromiskin, just outside Dundalk, but that he was operating

5 a factory -- I just can't remember the precise location; it

6 was quite close to the railway station and near the big

7 Tesco store there.

8 7 Q. In Dundalk town?

9 A. In Dundalk town. It was an IDA-funded factory.

10 8 Q. And what did your contact in Scotland Yard tell you about

11 that factory or Mr. McCann's activities?

12 A. Well, it was pointed out to me that the factory was of

13 interest to them because of possible links with the

14 manufacture of bomb-making equipment which had been used in

15 London, and which was also being used in Northern Ireland,

16 and then when I made further inquiries, I discovered that

17 Mr. McCann was making gaming machines, and that at the time

18 I was aware that gaming machines were a source of

19 fundraising for republicans and indeed loyalists in

20 Belfast.

21 9 Q. In what way?

22 A. They were put in the drinking clubs and taxi depots, and

23 places like that, and they were -- the proceeds of the

24 machines were taken away by representatives of the IRA and

25 the loyalists and they were used to fund their

26 organisations, and they were quite a money-spinning,

27 lucrative activity, because the payouts were tilted in

28 favour of the people who operated the machines rather than

29 the punters who were putting the money in.

30 10 Q. So it assisted a kind of Provisional IRA fundraising or

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 5

1 racketeering --

2 A. Yes, I can't remember the figures now --

3 11 Q. -- scheme?

4 A. -- but there were figures returned in some of the accounts

5 of the clubs which showed that there was quite a

6 considerable amount of money going through the machines.

7 12 Q. And did you -- when you wrote your story for the Sunday

8 Times, you dealt with these matters in this level of

9 detail, did you?

10 A. It's so long ago now I just can't remember the detail, but,

11 you know, we did write some articles about the IRA's

12 racketeering activities to make money. And then the other

13 side to that investigation was that the machinery, or the

14 equipment in the factory in Dundalk, was ideally suited to

15 making electronic circuitry boards for the machines, but

16 that was also then being used to make sophisticated

17 electronic timer power units for the detonation of bombs,

18 and I think that through the bomb intelligence network,

19 that the British authorities had identified components and

20 things of that sort which led back and pointed to McCann's

21 factory, and there was a man called Eoin McNamee who was

22 regarded as being the bomb maker, and he was subsequently

23 convicted in England of activities, making bombs.

24 13 Q. And this factory was receiving funding from the IDA?

25 A. Yes, I understood it was receiving funding from the IDA. I

26 was then, later, told by an Irish diplomat, after we had

27 drawn, the Sunday Times had drawn their attention to what

28 was really going on in the factory, that the funding was

29 withdrawn.

30 14 Q. And I wonder could you give the Chairman the context as to

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 6

1 why Scotland Yard were feeding you this information?

2 A. Well, I think it was a common feature of the seventies and

3 eighties, both in Belfast and Dublin, that there was a high

4 degree of frustration at the level of cooperation that was

5 being received from the Irish authorities in relation to

6 disrupting and curtailing IRA activity. Politically and

7 publicly, the Irish authorities were committed to a

8 relentless campaign against the IRA, but the reality on the

9 ground, as it was seen from Dublin and Belfast -- or from

10 London and Belfast, was that those were fine words that

11 weren't backed up by action, and there was great

12 frustration over the failure of extradition cases on a

13 repeated basis because of the political defence that was

14 allowed by the courts here. There was a failure, they

15 believed, for real aggressive on-the-ground action against

16 IRA activities. You know, there were all sorts of people

17 on the run, operating in Dundalk and Castleblayney and

18 places like that. There was a feeling that there was

19 insufficient action being taken against them and that the

20 rigours of the law were not being applied, and that while

21 they were killing fellow Irishmen in the North, there

22 didn't seem to be any concern about that. Indeed, I wrote

23 a column once in which I said that in the political and

24 official establishment at Dublin, they were prawn-cocktail

25 Provos, as there were smoked-salmon socialists in England

26 who acquiesced, if not approved, of violence, because it

27 was going to get back the North and end partition. Now,

28 they would never have come out and said that, but that

29 attitude was how it was seen from London and Belfast,

30 because of the repeated lack of vigorous cooperation,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 7

1 vigorous action against the IRA, the failure to change the

2 extradition laws to hand people back, the failure to really

3 disrupt and interdict IRA operations on the southern side

4 of the border which were then resulting in deaths and

5 violence and injuries in the North.

6 15 Q. Can I turn specifically to that issue of policing of the

7 border on the southern side, and I wonder could you just,

8 maybe, for the Chairman, indicate what your understanding

9 of what more the British authorities wanted in terms of the

10 policing of the border or what they felt could be done on

11 the southern side of the border in terms of policing, that

12 wasn't being done?

13 A. I mean, I knew what the frustrations were, but from my own

14 individual experience, I saw the inadequacies. I remember,

15 once, with a great fanfare, we were provided with the

16 opportunity to accompany an patrol from Dundalk

17 to show just how vigorous they were on their side of the

18 border, so we were carried out in a convoy of three or four

19 armoured cars and there was a police car accompanying us,

20 and, when we got just short of the border, the lead army

21 vehicle stopped and he went over to the Garda car and he

22 had to take a radio from the Garda, because the Irish army

23 radio network wasn't compatible with the one used by the

24 Garda. So if they were going to have any activity at all,

25 they had to share the radio network, so that showed that

26 there wasn't really all that much going on. But the most

27 telling thing was that when my photographer colleague and I

28 were standing beside a soldier, he was in a cover position

29 in the ditch, and he said, "Are you guys going to be long?"

30 And we said, "Why?" He said, "Oh, we only do these sort of

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 8

1 patrols when there is photographers. Friday is pay day and

2 we get off early." It just compounded in my mind the view

3 that this was just sort of for the optics; it wasn't that

4 there was real vigorous activity on the ground. And --

5 16 Q. A PR exercise for journalists?

6 A. A PR exercise for journalists. It was always the same.

7 Incidents would happen and nothing would -- nobody would

8 appear on the Irish side when there were incidents close to

9 the border, and the contacts between the two sides were

10 very limited. I think that was partly down to the wariness

11 that many RUC officers had, that the Garda didn't really

12 want to cooperate with them --

13 17 Q. Sorry, just to pause there. In your experience, the

14 cooperation between the RUC and the Garda Siochana was

15 limited; can I just clarify, firstly, what period we are

16 talking about here?

17 A. Well, through the seventies and well into the eighties.

18 18 Q. Okay.

19 A. It varied a little because, you know, when Charles Haughey

20 was Prime Minister, he took a very dim view of any

21 concessions --

22 19 Q. How many concessions --

23 A. -- to the northern security forces, and so that political

24 hostility, if you like, filtered down to the people on the

25 ground. When Fine Gael were in power, there was a slightly

26 more constructive approach, but I think that there was a

27 general perception from the northern side and from the

28 British side that while there were fine words condemning

29 the IRA and fine words saying that we are not going to

30 tolerate what they do, that that was never backed, on the

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 9

1 ground, by decisive action, by legal change, by aggressive

2 patrolling, the sorts of things that security experts in

3 the North believed were necessary to squeeze the IRA on

4 both sides. I mean, in the early 1980s, there was a

5 proposal - there had been a whole series of serious attacks

6 along the border - in the early 1980s, there was a proposal

7 that the British and Irish armies should jointly man posts

8 right on the frontier so that there was a visible deterrent

9 to people smuggling stuff across, and that was dismissed

10 entirely out of the hand by the people in Dublin. They

11 didn't want to know about that.

12 20 Q. How do you know that?

13 A. I know that because of briefings that I was given by

14 various people on the military and the police side in the

15 North and by political sources who were party to those

16 negotiations, which were all around the time of the

17 Anglo-Irish Agreement.

18 21 Q. But the particular proposal for a joint army checkpoint on

19 the border, that predated the Anglo-Irish Agreement, did

20 it?

21 A. No, it was around that period. If you recall, there were

22 very intensive negotiations in and around the Agreement and

23 that was one of the security issues that they were very

24 keen on from the northern side, and, indeed, when the

25 Anglo-Irish Agreement was implemented without that vigorous

26 agreement on the part of the South, the then

27 went ahead and they built a whole network of border patrol

28 bases and watchtowers along the border then to enhance the

29 ones that were already there.

30 22 Q. We'll come on and deal with watch towers in due course.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 10

1 Just arising from your description of the absence of a

2 radio which the Irish army and the Garda Siochana could

3 use, just to could be clear, are you saying that there was

4 a perception of a lack of resources or a lack of will on

5 the southern side?

6 A. I think it was both. There was certainly a lack of

7 resources because, you know, the Irish army had limited

8 manpower, they had limited vehicles. The Garda were

9 essentially unarmed and were not visible, organised or

10 mobile in the way that, for example, the RUC were on the

11 other side, or the British Army were, and there was a

12 feeling that if there were going to be really vigorous

13 cross-border security, effective cross-border security,

14 that both sides needed to be operating at a very high

15 intensity and a very much higher intensity than they were

16 on the southern side for virtually all of the period of the

17 Troubles.

18 23 Q. I think you say in your statement that you describe it

19 almost as an obsession that the British had with the

20 security situation along the border?

21 A. Well, it was, because, you know, every time an atrocity

22 happened, the forensic trail for the making of the bombs,

23 the gathering of explosives, in a very high proportion of

24 the cases that led back to bomb-making factories or to the

25 supply -- for example, the gelignite that was being used in

26 Northern Ireland, and indeed in Britain, was sourced to the

27 Enfield explosives factory here in the Republic, and there

28 were constant efforts made to try and persuade the Irish

29 authorities to tighten that up and to stop the stealing of

30 gelignite from there. There were constant cross-border

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 11

1 attacks and, whenever those happened, I mean, UDR men who

2 lived in isolated farmhouses along the border were

3 regularly murdered by killers who made back across the

4 border. So the British side and the local politicians were

5 hearing desperate pleas from the relatives of those people

6 and the communities in those areas to get the Irish to take

7 more effective action to stop these cross-border killings.

8 So it was a very serious concern, because the border was a

9 massive assistance to the IRA in that it could move gunmen

10 and bombers into Northern Ireland, strike again and move

11 them out and they could organise and develop their

12 logistics in Dundalk and places like that.

13 24 Q. Did you ever, in the course of your journalistic

14 investigations, uncover much about the exchange of

15 information and, in particular, the exchange of

16 intelligence information between Garda Siochana and the

17 RUC, or indeed between the guards and any British security

18 agency?

19 A. Yes. The Irish were absolutely rigorous that there would

20 be no army-to-army contact, so that was never attempted,

21 except in the bomb disposals sphere when there was a

22 contact between the two sets of bomb disposal experts.

23 That was regarded as a special case. But the contact

24 across the border was primarily and exclusively between

25 police and police, and, as I said before, the level of that

26 varied from time to time, and it was also affected by the

27 level of trust that existed between the two police forces,

28 and there was a very strong perception on the northern side

29 that not all the Garda were to be trusted and that not

30 everything that they knew, and indeed wanted to know, could

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 12

1 be discussed with the Garda, and that they were cautious

2 about making the Garda aware of operations in advance, and

3 things of that sort, and I think the Tribunal has already

4 heard some evidence from police officers involved that that

5 was the case, that, very often, they would bypass the

6 border stations and go straight to Dublin because of fears

7 about the information or activities being compromised.

8 25 Q. I think the former Deputy Commissioner Blair Wallace gave

9 evidence to that effect last week.

10 A. Yes, that's what I have in mind.

11 26 Q. Just on this issue of RUC wariness of An Garda Siochana,

12 were you hearing that from RUC officers themselves?

13 A. Yes, directly.

14 27 Q. At all levels, at senior levels, at junior levels?

15 A. Yes. I mean, sometimes I would have had contact with

16 officers in places like or Enniskillen or the other

17 areas where they had a responsibility for patrolling the

18 border, and indeed I would often have contact with the

19 British Army in those locations, and it was a constant

20 worry about the gathering of intelligence and the exchanges

21 of intelligence and the effective use of intelligence to

22 prevent atrocities taking place, and there was -- at a more

23 formal level then, at the command level, if you like, there

24 was constant concerns and constant worries and indeed

25 constant representations between the two Governments and

26 between the two police forces for much more effective

27 security cooperation.

28 28 Q. In terms of the -- I think you said that there were

29 individual guards they didn't trust. Would they name these

30 guards to you openly? Was it discussed openly that there

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 13

1 were such-and-such a guard?

2 A. Well, sometimes I would have had conversations in general

3 terms about, you know, the lack of trust in the Gardaí,

4 and, you know, I had heard it said, for example, that there

5 were some Garda who didn't even trust some of their

6 colleagues with sensitive information.

7 29 Q. Was that said to you by RUC or by Gardaí?

8 A. By RUC, and indeed on one occasion by a senior guard, he

9 admitted that to me, but that was an isolated incidence on

10 the part of the guard, but it was a pretty common

11 conversation-point with members of the RUC at lower and

12 higher levels.

13 30 Q. Just to be clear, what did the senior guard say to you,

14 sorry?

15 A. He just confirmed to me the fact that, occasionally, that

16 he would have had to be very circumspect about information

17 and activities within its own organisation because of the

18 delicacy of some of the things he would do and the fear

19 that that information might be leaked for the wrong

20 purposes.

21 31 Q. Who was the guard?

22 A. I'd rather not say.

23 32 Q. It's a matter for the Chairman whether he wants -- he might

24 invite you to write the name down for his attention.

25

26 CHAIRMAN: Would that be possible, Mr. Ryder? Would you be

27 prepared to write the name down on a piece of paper and

28 hand it in?

29 A. I'll do that.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 14

1 (Name written on paper and handed to the Chairman)

2

3 CHAIRMAN: Very good.

4 A. I am fairly sure that's the first name.

5

6 CHAIRMAN: That's the name of the guard who gave you the

7 information or the name of the suspect?

8 A. No, that's the name of the garda with whom I recall the

9 conversation about the need for being circumspect.

10

11 33 Q. MR. VALENTINE: Did this guard express concern about the

12 need to be circumspect in respect of any particular

13 individual, or was it -- there was no specificity?

14 A. No, that officer only spoke in the most general terms about

15 the need to be circumspect.

16 34 Q. But other RUC officers told you that guards had told them

17 that they were wary of some of their own people, is that

18 right? Did I understand you to say that, as well?

19 A. Yes, I mean, I think that some RUC officers had one-to-one

20 relationships with Garda officers that they felt they could

21 trust and were comfortable in dealing with and knew that

22 those exchanges would remain confidential. I think on

23 other occasions they were very concerned and very wary

24 about dealings with certain other guards or certain other

25 guards in certain locations.

26 35 Q. Were there particular Garda stations which seemed to cause

27 more concern than others to the RUC?

28 A. Well, I think that the most difficult area was the Dundalk

29 one.

30 36 Q. Why was that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 15

1 A. Well, the campaign in Northern Ireland was at its most

2 intense in south Armagh, and therefore, the relationship

3 between the police and Dundalk, the police in Newry and the

4 Dundalk Garda, would have been the principal axis because

5 of all the activity in that area, and I think that was

6 where a lot of the trouble, a lot of the concerns focused.

7 37 Q. What did the RUC officers you spoke to, particularly in

8 Newry, or those that had to deal with Dundalk Station, what

9 did they tell you about dealing with An Garda Siochana in

10 Dundalk?

11 A. Well, just that they were wary, that they were very

12 suspicious and that there was certain information they

13 would withhold or there was certain things that they would

14 have elected to try to do but they felt that that might not

15 have been treated with the sensitivity it required on the

16 other side, and I think there was, sometimes, a frustration

17 that they sometimes had to let things go or they weren't

18 able to follow things up.

19 38 Q. Did they give you any explanation as to where the wariness

20 had come from? Did it come from specific experiences that

21 they had had?

22 A. I mean, these were the people that were at the coal face,

23 and the conversations that I had with them would have

24 reflected their experience at the coal face, the

25 difficulties, the problems, and, you know, they were

26 dealing with very sensitive matters, and they wouldn't

27 always have, indeed they would very rarely have spelled out

28 to me the whole intimate detail of some of their concerns.

29 But sometimes in the aftermath of a major incident, you

30 know, I would be trying to write a piece to explain or

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 16

1 analyse what the context was, and they would say to me,

2 "ah, things are very bad" or "things are very difficult" or

3 "we can't do this" or "we'd like to do that," and it would

4 be in the context of that frustration that the cross-border

5 cooperation was not as fulsome and as honest and as

6 effective as they would like it to have been and it should

7 have been.

8 39 Q. I think, in fairness, you do give one specific example in

9 your statement, and, as I have already indicated, that's

10 the subject of ongoing inquiries, and we'll deal with that

11 on the next occasion, so to speak.

12 A. Yes.

13 40 Q. Did the names of any particular guards arise from your

14 discussions with the RUC?

15 A. I am sure they did, and I can't at this distance recall any

16 of them or who they were, but there was one particular name

17 that did arise on a regular basis and that was Owen

18 Corrigan. And as you will probably ask me, I had a

19 particular reason for remembering him.

20 41 Q. Why is that? Did you meet Owen Corrigan at any occasion?

21 A. Yes, to the best of my knowledge, I have only met him once,

22 and that was in the La Mon Hotel in Belfast.

23 42 Q. The La Mon House Hotel?

24 A. Yes.

25 43 Q. And when was that meeting?

26 A. I am unable to say precisely when the meeting took place,

27 but I do recollect that it was in the early 1970s before

28 the -- in the old original La Mon Hotel before the

29 explosion in 1978 when so many people were killed by a

30 blast incendiary device. I recall vividly that it was in

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 17

1 the old original hotel. What happened was, I was there

2 with another senior RUC officer, to meet him for lunch, he

3 was a regular lunch companion, and when we arrived in the

4 hotel, there was another man there, two men I didn't

5 know --

6 44 Q. Just to explain to you, Mr. Ryder, just for your

7 information, the Tribunal has a policy of not naming RUC

8 officers who are still alive, but please feel free to name

9 witnesses who are dead, so I don't think there is a problem

10 with you naming --

11 A. Chief Superintendent Jimmy Crutchley, who is now deceased,

12 unfortunately, and at that point he was the Staff Officer

13 to the Chief Constable.

14 45 Q. And who was the Chief Constable at that point?

15 A. I presume it would have been Sir Jamie Flanagan, he -- but

16 it might just have been around the time Sir Ken Newman took

17 over. It certainly would have been about the '74, '5, '6

18 period, something like that.

19 46 Q. I think the La Mon House was blown up in '78?

20 A. Yes.

21 47 Q. So, just to be clear, you are talking about some period in

22 the four years preceding that --

23 A. I really can't be any more precise than that, other than

24 that it was before the hotel was blown up, because I do

25 vividly remember it was the old original hotel.

26 48 Q. It wasn't as far back as the early seventies?

27 A. No, it would have been more the sort of '5, '6 period.

28 49 Q. Sorry, I interrupted you. You were meeting Chief

29 Superintendent Crutchley, who was a lunch companion of

30 yours?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 18

1 A. Yes.

2 50 Q. Explain --

3 A. We went into the hotel. There were two other people there,

4 I didn't know who they were, but one of them nodded at

5 Jimmy, and it was obvious he was another police officer

6 there; in fact, I think Jimmy might have said who he was.

7 But at any rate, I think maybe before we went in for our

8 meal, or at some point anyway, they came over, and I was

9 introduced to these two people. One of them was Brian

10 Fitzsimons, who was also deceased, who was then a senior

11 figure in the RUC Special Branch, and I was introduced to

12 the other man as Owen Corrigan, who was described to me as

13 an officer from the Garda Siochana.

14 51 Q. Who introduced you to Mr. Corrigan?

15 A. Brian Fitzsimons. I don't think Jimmy Crutchley knew Owen

16 Corrigan either. It was just a -- he knew -- obviously,

17 Crutchley and Fitzsimons knew each other. I didn't know

18 Fitzsimons at that stage, it was the first time I had ever

19 met him as well. So they went on in, I think, and had

20 lunch, or they may have sat on in the bar when we were

21 going in to lunch, I just don't remember the detail. But

22 later on in the afternoon, after lunch, the four of us came

23 together -- and there may well have been a fifth person

24 there, I'm not sure, or he might have been there and left

25 again or something, but it's really not of any

26 consequence -- during the course of the afternoon, there

27 was only very general conversation; I mean, I don't even

28 remember the detail of it now, but there was nothing of any

29 startling significance that sticks in my mind after all

30 this time. But during the course of the afternoon, I went

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 19

1 to the lavatory, and Mr. Corrigan was in the lavatory and

2 we were just sort of exchanging pleasantries, as you do,

3 and he then said to me, you know, that if I was ever

4 looking for stories, to look him up in Dundalk. And he

5 sort of proffered his card to me, and he then said,

6 "There'll be a few bob in it for me, wouldn't there?" And

7 I was non-committal, obviously, but, immediately, all my

8 alarm bells began to ring because never before and never

9 since have I ever been propositioned by a police officer

10 for money for stories, and, I mean, I wouldn't even have

11 considered the possibility because I know my editor in the

12 Sunday Times in London would have been utterly opposed to

13 paying a police officer for information. And because of

14 that, you know, obviously, meeting Mr. Corrigan and being

15 propositioned like that, his name and his approach stuck in

16 my memory, and have done since.

17 52 Q. Just to be clear, you weren't familiar with his name before

18 you met him in the La Mon House Hotel?

19 A. No, not at all.

20 53 Q. And you say it stuck in your memory since. Did you hear

21 the name again after that?

22 A. Yes, periodically, yes, I would have heard his name.

23 54 Q. In what context?

24 A. In the context that, you know, he was a bit of a dodgy guy

25 in terms of helping the IRA and in terms of not being

26 trustworthy, as the RUC would have seen it, in respecting

27 security confidences and things of that sort. And, you

28 know, his name didn't come up on a regular basis, but from

29 time to time, if there was an incident down there, or

30 something, or I might be talking to somebody, and I would

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 20

1 say, oh, you know, that was such-and-such or, you know,

2 Corrigan was involved in that or somebody was trying to get

3 Corrigan to do something. It was just in a very general

4 context. But because I remembered Mr. Corrigan so vividly

5 from our encounter, then, you know, whenever his name did

6 come up in conversation and there was inferences, sort of,

7 or allegations made about his conduct and his

8 trustworthiness, you know, I knew who they were talking

9 about and I knew what was involved.

10 55 Q. And you didn't meet him again?

11 A. Not to the best of my knowledge, no.

12 56 Q. Do you know why he was with Brian Fitzsimons?

13 A. No idea. They had their own little huddle. They were

14 already engaged in a little huddle when we arrived and

15 their little huddle continued while we had lunch, and it

16 was then obviously when we had a further few drinks after

17 lunch, that there was just the most general social

18 conversation, nothing of any consequence was discussed

19 there, because I don't remember, indeed, what it was about.

20 57 Q. Just in relation to, this is a slight step backwards, but

21 in relation to the Anglo Irish Agreement and the British

22 efforts to beef up cross-border cooperation and to try and

23 beef up the policing of the border, did you write a story

24 in relation to an offer from another jurisdiction to assist

25 in that regard?

26 A. Yes. I understood from American diplomatic sources that

27 they judged that more effective policing on the southern

28 side was the key to resolving the violence in Ireland, and

29 they were very keen, indeed, that the Irish army, and the

30 Irish police in particular, would have the means to up

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 21

1 their game, and they -- I understood from this American

2 diplomat that they were putting great pressure on the Irish

3 to allow them to help by providing training and equipment

4 and other help to the Garda and to the Irish army so that

5 they could play a full part on the southern side in

6 assisting to end the violence. And I then, with that --

7 armed with that knowledge then, I spoke to various sources

8 of mine on both the Irish side and on the British side to

9 try and develop and embellish that information for the

10 purpose of writing a story, and it was confirmed to me by

11 the Irish side that, yes, they were under that pressure and

12 that it was being considered, and it was at this point, I

13 think, that the offer, or the expression or the desire to

14 have the joint posts on the border was also discussed; it

15 was in that context. And I also had conversations on the

16 British side about that, yeah, to try and, you know, flesh

17 out what their attitude was to it and what they wanted to

18 be done.

19 58 Q. And ultimately?

20 A. Ultimately, I was told by the Irish side that they had

21 resisted the American pressure and the British pressure and

22 they had decided that they wouldn't accept either loans or

23 grants or any other arrangement from -- sponsored by the

24 United States, to try and beef up the Irish security

25 forces.

26 59 Q. And I think you said earlier that it was in that context

27 that the British effectively decided, well, we'll do it

28 ourselves and --

29 A. Yes, well after 1985 then, after 1985, they embarked on a

30 huge border-building programme of -- there had already been

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 22

1 some watch towers and some covert observation posts, but

2 they decided then that they would create a network of very

3 hi-tec patrol bases and that they would increase the

4 visible window, if you like, from the other watch towers,

5 and things, so that they would have a much more

6 comprehensive surveillance along the border and into the

7 South.

8 60 Q. The Tribunal has heard some evidence in relation to the

9 capacity of the watch towers. I think you might be in a

10 position to assist the Chairman somewhat, because I think

11 you had an occasion, as a journalist, to visit one of these

12 watch towers?

13 A. Can I just say from the outset that even now, at this

14 distance in time, the British authorities are extremely

15 sensitive about discussing the capabilities and the

16 equipment that was in those watch towers.

17 61 Q. I think the Tribunal is very familiar with the term

18 'methodology', which seems to have caused them some

19 concern.

20 A. And I have no technical qualifications or expertise. So

21 anything that I would say is based on my observation of

22 things that I saw and conversations with people, from which

23 I had been able to deduce some guesstimate of, perhaps, the

24 capabilities of the surveillance. But I would put it in

25 two ways: You know, as a physical surveillance capacity,

26 from the top -- I mean, I visited, in fact, a number of

27 these bases over the years, probably the most dramatic one

28 was, I think it was called Romeo 14, which is the one at

29 Clough on the main Belfast-Dublin Road, where it overlooked

30 the railway line on the main Belfast-Dublin Road, and they

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 23

1 had in their -- very high-powered binoculars on tripods,

2 which, on a clear day, had allowed them to physically look

3 over a huge area. There were also closed circuit capacity

4 televisions which allowed them to beam pictures back to

5 brigade headquarters and operations rooms elsewhere in

6 Northern Ireland. They bristled with aerials and antennae

7 of various sorts, and I don't know what their capacity was,

8 but I do know that one of the things they were

9 concentrating on was electronic counter-measures against

10 bombs, because the IRA were very technically adept and had

11 been developing and enhancing their capacity to use radio

12 control bombs and remote control bombs, and these were

13 being used, detonated by a variety of electronic methods

14 based on radio signals, and there was a constant battle

15 between the British bomb disposal experts and the IRA to

16 detect and make sure that these bombs didn't go off, and I

17 understood that they created waves of sound which would

18 have blocked the wavelengths on which the bombs could have

19 been detonated and I think that they also had a capacity to

20 detect signals in certain wavelengths if there was a bomb

21 in place, or something of that sort. Again, I'm not a

22 technical expert --

23 62 Q. I think you refer to these wavelengths in your statement as

24 electronic counter-measures?

25 A. They were known as the electronic counter-measures. And

26 there was rooms in these patrol bases and, you know, at the

27 base Romeo 14, and that, where a lot of this activity was

28 centred, or seen to be centred, and there would have been,

29 to my knowledge, soldiers from -- with very specialist

30 qualifications there from the intelligence corps, the

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 24

1 electrical mechanical engineers, they were all signals,

2 these would have been pretty expert people in this field of

3 warfare.

4 63 Q. Was it your understanding that every one of the watch

5 towers had one of these rooms in it?

6 A. Yes. The later ones --

7 64 Q. There was a physical lookout room?

8 A. Yes, there was physical sentries and they would have

9 operated various cameras and things of that sort. But in

10 the complex, there was an operations room with all the

11 electronic equipment in it, and then, later on, after there

12 had been a number of mortar bombs and things of that sort,

13 they built fortified operations rooms, which were known as

14 the submarine, and they had big heavy double doors, and

15 things of that sort, so that if they were mortar-attacked

16 or bombed, the people inside remained safe. Again, they

17 were very sensitive about letting people into those and

18 seeing what capacity they had there. Indeed, I wrote a

19 book about the bomb disposal officers in Northern Ireland,

20 and they allowed me very great access to the way they did

21 their work, and that, but the one area that was taboo was

22 the electronic counter-measures; they wouldn't talk about

23 that very much at all and, even now, they are still very,

24 very sensitive about that.

25 65 Q. You did mention that they also had, as well as electronic

26 counter-measures, there was some monitoring capacity; the

27 exact extent of it was closely guarded, is that correct?

28 A. Yes, that's right.

29 66 Q. Even the capacity to pick up signals?

30 A. Yes. Even now, you know, they won't say what their

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 25

1 capacity was. But it was quite clear that they had some

2 capacity to pick up -- I mean, walkie-talkies and CB radio,

3 and things of that sort, were quite common then and, you

4 know, I think -- I don't know much about it, but, you know,

5 I understood you could get scanners which you could buy in

6 specialist shops which allowed you to listen in on these

7 things. I would imagine that the army would have had much

8 more sophisticated scanners to monitor things of that sort.

9 67 Q. Just on the point of CB radios and the like, I wonder could

10 you just outline to the Chairman your understanding of the

11 IRA's technical capacity at that particular time?

12 A. Well, it was developing all the time. I mean, my

13 understanding was that the early bombs were used with

14 things like parking-meter timers and video timers and

15 things of that sort, but, as the campaign wore on, they

16 began to adapt these things in ever more sophisticated

17 ways. For example, when video recorders became popular,

18 they were able -- they had a capacity to set, to watch

19 programmes days in advance. So they were able to adapt

20 that timer to bury a bomb to go off in seven or eight or

21 ten days, and they then -- I mean, I was out in America

22 covering one of the arms supply trials, and one of the

23 pieces of evidence that was given there was that they had

24 prevented them from buying fairly high-powered model

25 aircraft, and the plan was that they would pack these

26 aircrafts with explosives and fly them by remote control

27 into heavily-guarded military bases or police stations.

28 That never actually happened, but that evidence was given

29 in the court in America, that they had been procuring radio

30 control equipment and model aeroplanes for that purpose.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 26

1 68 Q. Do you know anything about their capacity to tap phones or

2 intercept phone conversations?

3 A. Well, again, there was huge sensitivity to that, but there

4 is very strong reason to believe that they had suborned --

5 in Belfast they had suborned some people in British Telecom

6 and that there was a tap, for a period at least, on a

7 direct line used by the general officer commanding at army

8 headquarters in Lisburn which was routed to the attic of a

9 house in Andersonstown, which was discovered during a huge

10 big police investigation in Belfast. That's referred to in

11 my book, A Force Under Fire, and no one ever denied to me

12 that that telephone interception had not been in place for

13 some time, and there are persisting stories that there were

14 interceptions on other sensitive places.

15 69 Q. Do you ever hear anything about any suggestions that there

16 were interceptions south of the border by the IRA?

17 A. Yes, in the context of the Breen/Buchanan killings, you

18 know, in the aftermath of that, it was when all the

19 speculation and the rumours began about how the two had

20 been targeted and set up, there was a fairly common thread

21 to their stories that the Dundalk telephone lines had been

22 compromised to provide -- or to gain information that they

23 were on their way to the station. That's obviously a

24 matter for the Tribunal, but I'm just reporting that that

25 was one of the theories that was around.

26 70 Q. And from whom did you hear that theory, can you recall?

27 A. Oh, I think I probably read it and heard it from different

28 people. I didn't hear it in any situation that I would

29 regard it as authoritative or well-informed.

30 71 Q. I understand that, I think the Tribunal has seen an article

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 27

1 written by Jim Cusack in the Cork Examiner shortly after

2 the murders which refers to that theory or made reference

3 to that possibility.

4 A. Yeah, I mean it was fairly widely disseminated around that

5 time, I am sure, that there was -- that there were people

6 who was postulating that theory.

7 72 Q. But you didn't hear from any persons, for example, involved

8 in the RUC investigation or any definite --

9 A. No. As I said, I never heard it from any source that I

10 would regard as authoritative or well-informed, whereas I

11 was told about the intercept on the army line and the

12 operation in the house in Andersonstown in Belfast, you

13 know, from an authoritative source, which is why I wrote it

14 in the book.

15 73 Q. In relation to the murders of Breen and Buchanan, I think

16 you knew Harry Breen, isn't that correct?

17 A. Yes, I had met Harry Breen on many occasions. I didn't

18 know Bob Buchanan.

19 74 Q. What was your impression of Harry Breen?

20 A. That he was very typical of the RUC. He was very committed

21 to his job, very brave man and very hard working and very

22 concerned -- you know, I can remember vividly meeting him

23 on a number of occasions at the white tape, if I may call

24 it, along the Killeen stretch of the road, after various

25 numbers of crimes --

26 75 Q. The crime-scene tape?

27 A. The crime-scene tape. I remember vividly talking to him

28 after the murder of Lord Justice Gibson and his wife. I

29 can remember talking to him on a number of occasions at

30 incidents along -- I particularly remember the Gibson one.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 28

1 76 Q. When you say you met him a few times, was it generally in

2 this context of a, at a scene --

3 A. Well, yes, I met him there, but I would occasionally have

4 bumped into him. I mean, I think I might have actually

5 come down to Newry to see him once in the station, I'm not

6 a hundred percent sure about that, but -- and sometimes

7 when I would be in other police company, I might have, you

8 know, at a conference or something, he might have been

9 there and I might have just passed the time of day with

10 him, or something like that.

11 77 Q. Do you recall the content of your conversation with him?

12 You say you have a clear recollection of talking to him at

13 the white tape after the Gibson killings. Do you recall

14 the conversation?

15 A. I was trying to glean as much -- I mean, that one was on a

16 Saturday morning, and I had to file a report by lunch time

17 that day, and I can remember, you know, talking to him in

18 detail, trying to glean as much information about what had

19 happened and the sequence of events, and at that stage,

20 early on in the morning, we didn't quite know who the

21 victims were, so during the course of that morning, you

22 know, when he would have been going backwards and forwards,

23 I would have had conversations with him; indeed, some other

24 journalists might well have done, as well.

25 78 Q. And did he express any view as to how the operation in

26 relation to the Gibsons had been carried out?

27 A. Just the most general information, you know, that they had

28 been travelling North and that the bomb had detonated and

29 that their car was at the side of the road and that other

30 people had been caught up in it. You know, just the

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 29

1 general physical circumstances that had occurred at that

2 point, which led to the two deaths.

3 79 Q. You referred to the white scene-of-crime tape at Killeen?

4 A. Yeah.

5 80 Q. The Tribunal has heard evidence that there were, in fact, a

6 number of very significant atrocities carried out at that

7 spot on the border?

8 A. Right. I mean, there was the Brink's-MAT robbery when the

9 police officers were murdered; there was the Gibson

10 killings; there was the Hanna killings, when they were

11 obviously mistaken for a judge who was coming North after a

12 holiday; and there were regular other incidents along that

13 stretch of road. I mean, even in the old days when there

14 was a customs post there in the early seventies, I can

15 remember quite a number of shooting incidents and bomb

16 attacks along that stretch of the road.

17 81 Q. And I think the Gibson ones were killed in April '87, the

18 Hanna killing was summer '88 and the Breen and Buchanan

19 were March '89. I mean, in the North, was anyone linking

20 these incidents together and expressing a concern at a

21 pattern emerging of incidents at Killeen?

22 A. I think there was a feeling that there was some, there was

23 something wrong. I mean, nobody ever said to me

24 definitively that there was a mole or that somebody had

25 been betrayed, but people sort of voiced suspicions that

26 there was something wrong, that there was something going

27 wrong, that there was something leaking, that there was

28 something rotten there that had led to these incidents.

29 82 Q. When you say people expressed those concerns to you, who

30 are we talking about?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 30

1 A. Various police officers and army officers and people like

2 that. But I remember vividly, again, the afternoon after

3 Gibson was killed, I was driving back through Newry to go

4 back to Belfast, and there was -- at that stage, there was

5 an army post, a police army post on Downshire Road in

6 Newry, on the left-hand side of the road, and just as I was

7 going past it, because the main road went through Newry at

8 that time, I recognised a friend of mine from the Special

9 Branch in Belfast who was driving out, and he waved at me,

10 he recognised my car and he waved at me, and I sort of

11 rolled the window down and leaned over and shouted at him,

12 and we then agreed to go to the Sheepbridge Inn, which was

13 a couple of miles up the road towards Belfast. We went in

14 there and had a bit of a talk and he filled in some more of

15 the details, but he did say to me, you know, there is

16 something wrong here. He said, the travel arrangements of

17 the Gibsons must have been betrayed. He said, you know,

18 whether it was in Dublin or locally, or whatever, it must

19 have been betrayed, because the ambush was so precise, and,

20 you know, the inference of that was that their travel

21 arrangements would have been known only to a very small

22 number of people within the Garda, and that that was the

23 reason that they were so wickedly targeted, if you like,

24 that someone knew precisely that they were on their way up

25 the road and that they would be going along past there.

26 83 Q. I think it did subsequently emerge that Lord Justice Gibson

27 had booked through a travel agent in his own name?

28 A. Well, that wasn't known that afternoon to either of us.

29 But, you know, I mean, that opens up another line of

30 inquiry, as to whether that was the source of the leak.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 31

1 But at the time, because of that incident, and indeed over

2 that period when those incidents took place along that

3 Killeen stretch, in fact the army used to call that 'death

4 alley'. The suspicion was that there was something wrong,

5 that there was some compromise of security there. Whether

6 it was one person, whether it was a coincidence of other

7 people or a number of people, nobody was -- nobody that I

8 spoke to ever said definitively it's A, B or C, but there

9 was a general suspicion, concern, wariness, that the whole

10 operations in that Dundalk-Newry axis leaked like a sieve.

11 84 Q. And was there ever a movement to do something about it

12 within the RUC? Did you ever hear talk, well something has

13 to be done about this, we have to sort out this situation

14 in relation to Killeen?

15 A. There was, because, I mean, periodically, the two Chief

16 Constables would meet and, periodically, there were other

17 liaison meetings. Again, without knowing all the detail of

18 what was discussed, I mean, it was made clear to me that

19 there were constant representations to Dublin to do things,

20 to get action. I know, for example, that the extradition

21 laws were one particularly sore point, that people who had

22 been guilty of crimes, or -- people against whom there was

23 very convincing evidence of guilt of crimes in the North,

24 were able to oppose extradition on the grounds that this

25 was a political offence, and, because they claimed it was a

26 political offence, it was a tacit admission that they had

27 actually carried out the crimes. So, I mean, that was a

28 particular sore point, that they were not able to bring

29 those people to justice.

30 85 Q. Did you understand that there were representations -- were

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 32

1 there any representations being made to Dublin in relation

2 to the concern that information was leaking like a sieve,

3 to use the phrase you have just used?

4 A. Yes, I think there were. I think there were concerns about

5 that in the overall context, but there was -- the

6 overriding impression that I had was one of frustration,

7 you know, that, no matter what pleas they made, no matter

8 what efforts they made to try and get the southern people

9 on side, that there wasn't the political willingness or the

10 physical willingness to do that.

11 86 Q. And did that postdate the Anglo-Irish Agreement as well as

12 predating it? I mean, did that continue after the

13 Anglo-Irish Agreement?

14 A. Well, the first major clash that I became aware of, was, I

15 mean, everybody thinks that the 1974 Workers' Council

16 Strike brought down the Sunningdale Agreement, but, in

17 actual fact, there was a deadly impasse between the two

18 legal establishments over changing the extradition laws in

19 the South that was going to bring the thing down even

20 without the Ulster Workers' Council Strike. So from the

21 early seventies on, there was a constant battle over

22 security cooperation, over legal cooperation. The criminal

23 justice extradition legislation -- or the Criminal Law

24 (Jurisdiction) Act was brought in in a bid to try and have

25 people tried in one jurisdiction for offences committed in

26 another, and that didn't work and that increased the

27 frustration. They wanted a straight change in extradition,

28 and they also wanted, you know, much more vigorous

29 cooperation, deployment, activity by the Garda on the

30 southern side, much more activities to cut off the IRA's

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 33

1 routes up and down the border, and indeed the Enfield

2 explosives factory was another particular sore point. And

3 time after time when the forensic examination of explosive

4 residue was carried out, it was forensics coming from the

5 factory in Enfield in County Meath.

6 87 Q. And, I mean, again in relation to security cooperation, was

7 the battle raging in the -- was it still going on after the

8 Anglo-Irish Agreement in the late eighties?

9 A. Yes, it was.

10 88 Q. The Anglo-Irish Agreement didn't fix it all?

11 A. No. As I have said to you, the frustration that the Irish

12 didn't deliver on what was asked of them in the

13 negotiations leading up to the Anglo-Irish Agreement,

14 resulted in the British building and reinforcing their own

15 border operations, and the backdrop to that was that the

16 campaign to get much better cooperation was still ongoing.

17 Now, it did improve gradually, but I think that that

18 improvement was on the basis of one-to-ones between the

19 various border superintendents at a point, at which I am

20 not terribly sure, they formalised the liaison mechanisms

21 between the border superintendents and there was a much

22 more -- there were then telephone lines put in and that

23 sort of things to facilitate quick action and quick

24 contact, and I mean it did improve slightly but it never

25 reached the level that the British or the RUC or the

26 British Army would have considered to be ideal.

27 89 Q. In the immediate aftermath of the Breen and Buchanan

28 killings there was huge media speculation in relation to

29 the possibility of there being a mole which had led to the

30 murders and concern about a security leak from Dundalk

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 34

1 Station. However, on Tuesday the 21st March 1989, both the

2 Commissioner of An Garda Siochana and Sir John Hermon, in

3 press conferences, sat on that speculation, effectively,

4 and ruled out the possibility of a mole. Now that was done

5 even though the Assistant Commissioner who had been sent to

6 Dundalk to investigate the circumstances and arrangements

7 leading to the meeting hadn't in fact commenced his report

8 yet, but nevertheless the Commissioner did that on the day

9 and Sir John Hermon did that on the day. From what you are

10 saying about lack of cooperation, was it one thing was

11 being said in public for political reasons and for the

12 reasons of political unity, but behind the doors the RUC

13 wasn't happy?

14 A. Yes, I would agree with that; that was the position.

15 90 Q. Why was it necessary to maintain -- why, for example, do

16 you think Sir John Hermon made that statement on Tuesday

17 the 21st March?

18 A. I think Sir John Hermon was dealing with some very

19 difficult problems, and he had great difficulty in the

20 aftermath of the Anglo Irish Agreement in settling his own

21 officers down. In fact there was -- it wouldn't be going

22 -- it wouldn't be an exaggeration to say there was a very

23 mutinous mood in the RUC after the Anglo-Irish Agreement

24 because of the violent and hostile reaction of the Loyalist

25 and Protestant community to the Agreement, and there were

26 two or three years of very difficult Anglo-Irish relations

27 on the back of that because of the mood among the

28 Unionist/Loyalist community, and I think that Jack Hermon,

29 being the supreme pragmatist that he was, recognised that

30 he had to be publicly reassuring in case those situations

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 35

1 would flair up. You know, he always had to be mindful of

2 the fact that there could be a retaliation carried out by

3 Loyalists from the North. So, I think that there would

4 have been a high degree of public political pragmatism in

5 the way that he approached situations like that, while, at

6 the same time, privately, he would have been quite agitated

7 and concerned to get to the truth of the rumours, and, you

8 know, there was a history of difficulties on the

9 Newry-Dundalk axis, and I am sure that would have been, you

10 know, very much of concern to him.

11 91 Q. Did you know him personally?

12 A. Oh I did, yes. I was just about to say to you that, you

13 know, in all the years I knew Jack, I don't ever remember

14 him discussing Breen and Buchanan with me specifically,

15 but, you know, we did have many discussions about

16 cross-border security cooperation and things of that sort.

17 92 Q. Did he ever discuss concerns about leaks within An Garda

18 Siochana?

19 A. No, I don't recall him ever saying that to me or ever -- it

20 would have been other people, you know, in the command

21 circle who would have said that more, and working

22 detectives, things like that. Jack was, while he was quite

23 open and transparent in many ways, he was also very

24 circumspect and very -- he was old-fashioned in the amount

25 of things that he would disclose and he was also very

26 political in what he would disclose. As I said to you, he

27 would have been pragmatic politically for strong reasons.

28 He would have used people like me to send messages of

29 reassurance or to send messages of determination to do

30 something, that sort of thing. He regarded that as an

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 36

1 important part of his job as well.

2 93 Q. So the fact that he made a statement a day after the

3 murders of Breen and Buchanan that there was no concern

4 about a leak from Dundalk Garda Station, that doesn't

5 necessarily, from your experience, mean that that was his

6 real view?

7 A. No. In fact if that was Jack's real view, I'd be very

8 surprised, because there was pretty widespread concern

9 among his officers about the whole integrity of the

10 Newry-Dundalk axis and he would certainly have been aware

11 of that and would certainly have been made aware of it and

12 would certainly have been concerned about it. But, as I

13 say, one of the things he would have been conscious of was

14 that he wouldn't have wanted to do or say anything that

15 might have, for example, allowed some extreme loyalist

16 group to do something in the Republic in retaliation and

17 point to his words as justification for it. That was the

18 kind of tightrope he had to walk in the volatile

19 circumstances in which he worked.

20 94 Q. Just for the sake of clarity as well, specifically in

21 relation to your conversations with Harry Breen, did Harry

22 Breen ever mention the name Owen Corrigan to you?

23 A. No, he did not.

24 95 Q. There are just a few miscellaneous matters, Mr. Ryder.

25 First of all, you expressed the sentiment in your statement

26 that you were always surprised by how politically

27 controlled An Garda Siochana were, and also how overtly

28 political officers were?

29 A. Yes, because in Northern Ireland the police were not

30 directly politically controlled. There was a police

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 37

1 authority there as a buffer, and, for example, promotions

2 and things of that sort were all decided by the Chief

3 Constable; the senior officers were appointed by the police

4 authority. But down here, and the practice still exists,

5 there is no police authority, there never has been, and

6 senior appointments to the Garda are all approved at

7 cabinet level, and it has long been my experience that

8 senior members of the Garda are regarded as Fine Gael or

9 Fianna Fail men and those who are one persuasion or the

10 other tend to prosper when their own government is in

11 power. And that's not to say that the Garda are

12 politically motivated, but there is a heavy political

13 influence, and I think that's unhealthy myself in that --

14 96 Q. What is the effect of it? Why do you think it's unhealthy?

15 A. Because, it subjects the police to direct political control

16 and, you know, in the North, there are buffers to prevent

17 that. In the old days in the North, of course, that was

18 clearly the case; the Unionists worked the police with

19 their feet. But that was changed then, and it works quite

20 effectively that there is an independent buffer. There

21 have been several commitments down here to creating such an

22 independent buffer but when governments have got into power

23 they have quickly forgotten that promise and just

24 maintained the status quo. And so, you know, you would get

25 some officers would have been, would have been regarded as

26 Fianna Fail men or Fine Gael men, you know, I have heard

27 Garda officers described as that by their RUC counterparts.

28 But, knowing the way the system works here, I don't think

29 that that's -- it's not meant to be a criticism, it's a

30 statement of fact.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 38

1 97 Q. I think you also felt that the same was true of the Irish

2 army, is that correct?

3 A. No, I mean I just found it was very interesting on a number

4 of occasions when I had lunches with the Irish army

5 officers in their officers' messes, I always found them

6 very interesting because they were much more overtly

7 political about the country and about things than their

8 British Army counterparts would be. British Army

9 counterparts tended to focus on security issues and

10 military issues and things of that sort; their conversation

11 -- you know, they were very careful not to get involved in

12 the politics of the situation in Northern Ireland. Whereas

13 the Garda were much more -- or the Irish army, I found --

14 again it was only very limited interaction with them, but

15 it was just an interesting impression I had that they were

16 much more overtly political and much more interested in the

17 politics of the country.

18 98 Q. The final thing I want to ask you about, Mr. Ryder, is

19 about your knowledge you how intelligence and information

20 was processed, particularly two aspects. Do you have any

21 knowledge of how intelligence information was processed for

22 the Chief Constable of the RUC and also how was it

23 processed for the political establishment?

24 A. Well, there were a number of very high-powered committees.

25 The police had their own internal committees and the army

26 had their own internal committees, and then there were a

27 number of committees where the police and army operated

28 together at a very high level, and then there were other

29 committees where they interacted with the politicians with

30 the Secretary of State and his Security Minister, and they

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 39

1 were the coordinating meetings where ideas and operations

2 and issues were all discussed and policy taken. Some of

3 those meetings were about policy, some of them were about

4 operational activity, and then ultimately you had the

5 Director and Co-ordinator of intelligence who was in the

6 Northern Ireland Office and he would have been at the top

7 of the intelligence pyramid, everything that the police and

8 army were doing and what the security services were doing

9 would all have ended up on his desk, and he had some staff,

10 and part of his remit was to provide the intelligence

11 summaries which went to the Prime Minister, the Minister of

12 Defence, the Home Secretary, the Northern Ireland Minister,

13 and, you know, various other people who had a locus on

14 Northern Ireland affairs.

15 99 Q. And was he -- what was his background or who was that

16 person?

17 A. Well, the Director and Coordinator of Intelligence would

18 normally have been someone from MI5 or MI6; from the

19 security services.

20 100 Q. And they were based in Belfast?

21 A. They were based in Belfast. They operated from Stormont

22 Castle, at the annex in Stormont Castle.

23 101 Q. And all British security agencies operating in Northern

24 Ireland reported their intelligence to them to that they

25 could properly be --

26 A. Yeah, they were at the top of the pyramid. I mean

27 everything that was going on between the police and the

28 army, and they would have had information from the security

29 services and they would have also probably had electronic

30 surveillance information from GC HQ and things of that.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 40

1 But the place that it was all pulled together and analysed

2 and presented, then, to the Prime Minister and senior

3 ministers would have been through the office of the DCOI.

4 102 Q. The DC --

5 A. DCOI: Director and Coordinator of Intelligence.

6 103 Q. And once it had gone to that level, for example, would the

7 Chief Constable have access to the DCI's report, or was

8 that purely for the political establishment?

9 A. No, I think anything that the Chief Constable had would

10 have, you know, would have gone on to DCI, and the army the

11 same. But I mean, I think that the real substance of all

12 that material would have been discussed between the police

13 and the army, like the policy and the operations level, the

14 different committees that existed at that level. I know

15 that the Director and Coordinator was the person who, if

16 you like, pulled all that together and made sure that

17 people outside Northern Ireland were aware of it.

18 104 Q. And do you have any knowledge as to the level of

19 specificity that his reports would have? I mean, would

20 they deal with specific intelligence that had been received

21 or was it more a strategic overview of the security

22 operations?

23 A. No, those were obviously very sensitive documents, but my

24 understanding is that they would have contained, you know,

25 a lot of penetrating analysis of trends and backgrounds and

26 things of that sort. They would have highlighted current

27 and ongoing problems or upcoming problems, and that they

28 would have contained, when it was appropriate, you know,

29 quite specific information or quite important information,

30 and, you know, I would say that, for example, in the run-up

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 41

1 to the Anglo Irish Agreement, when all these security

2 initiatives were being discussed, that those documents

3 would have been very detailed indeed because they would

4 have been used to brief the Prime Minister for her part in

5 the negotiations and for her to authorise lines of

6 negotiation to be carried out or lines of negotiation to be

7 concluded, things of that sort. So there would have been

8 -- the background material for the likes of the Anglo Irish

9 Agreement would have been very comprehensive, detailed.

10 105 Q. Was the identity of the DCI known publicly or was it

11 because it was emanating from MI5 or MI6 was it cloaked in

12 secrecy?

13 A. No, it was always cloaked in secrecy. It was only years

14 after we found out the names of some of them.

15

16 MR. VALENTINE: Thank you very much, Mr. Ryder. If you

17 answer any questions My Friends might have.

18

19 THE WITNESS WAS CROSS-EXAMINED BY MR. DURACK AS FOLLOWS:

20

21 106 Q. MR. DURACK: Good afternoon, sir, my name is Michael Durack

22 and I appear for An Garda Siochana. Just a couple of

23 matters you might help us with.

24 A. Yes.

25 107 Q. The last issue you were dealing with was the intelligence

26 process --

27 A. Yes.

28 108 Q. -- in the North. I take it you have been keeping yourself

29 up to date with what's been happening there in Northern

30 Ireland?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 42

1 A. Not as much recently because I am more or less retired now.

2 109 Q. I think you'll be aware that the, there have been a number

3 of reports and historic incidents in the North?

4 A. Yes.

5 110 Q. And I think many of them have been very critical of the

6 intelligence-gathering system by the Special Branch and, in

7 fact, its sharing between various, should I say, various

8 agencies, put it that way?

9 A. Oh there have been, that's right.

10 111 Q. And they have been very much criticised?

11 A. Yes.

12 112 Q. And I think that in fact, I think the Billy Wright report

13 sets out that, in fact, the Special Branch was divided into

14 three areas and they didn't even necessarily share

15 information between themselves?

16 A. Yes, I think that's probably correct, yeah.

17 113 Q. And not necessarily with the British Army and certainly not

18 necessarily with An Garda Siochana?

19 A. There are all sorts of irregularities coming to light,

20 there is no doubt about that, yes.

21 114 Q. And what might have appeared to be a good system, may well

22 have been so disperse that it didn't work effectively at

23 all?

24 A. I think that it's too early to draw definitive conclusions.

25 I mean, we are seeing some glimpses of that secret world,

26 that invisible front line, if you like, but I think that it

27 would be wrong to draw any definitive conclusions. I think

28 we'll have to leave that to history. It would be wrong to

29 say that because one particular incident or one particular

30 circumstance revealed weaknesses, that those weaknesses

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 43

1 were systemic or endemic in the whole process. These were

2 things that went wrong. These were things that were stress

3 points. I am not necessarily arguing that the whole system

4 was absolutely a hundred percent right, and obviously there

5 were mistakes made, but I think it's far too early to try

6 and weigh any conclusions because we are only seeing

7 glimpses of some of these extreme cases and we are not

8 seeing all the details of the things that happened where

9 lives were saved, were atrocities were prevented and

10 indeed, I think that even history might not even see the

11 full story because lots of these things weren't even

12 written down.

13 115 Q. But certainly in many of those inquiries, rather than just

14 relating to specific incidents where there were slippages,

15 there were, in fact, many condemnations of the general

16 organisation?

17 A. Yes, there were, absolutely.

18 116 Q. In fact it was organisational difficulties?

19 A. It's very easy now to sit with hindsight and to criticise

20 people who had to take decisions that meant life and death

21 and, you know, a Special Branch officer with information

22 had to protect the source and he had to weigh up very

23 carefully if he acted on that information the source might

24 well be dead.

25 117 Q. I appreciate all of that. I am not --

26 A. You know, I am very reluctant to make any, or to draw any

27 conclusions of condemnation or praise or otherwise; I think

28 the jury is still out on all of that. And I would agree

29 with you, yes, there have been mistakes uncovered, serious

30 faults uncovered in fact, but I think that to use that and

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 44

1 extrapolate it to a general conclusion would be inaccurate

2 because there was much good work done and many, many

3 important things happened.

4 118 Q. I am not fighting about the fact that it was good work, but

5 what I am saying is that it was not a perfect system?

6 A. No, it was not a perfect system.

7 119 Q. And I think we heard, for instance, from a member of the

8 RUC who was dealing with intelligence, that in the ordinary

9 course when some written intelligence would come in, that

10 copies would be made of it and they would be distributed to

11 various files and they may or may not be distributed to

12 other parts of the organisation?

13 A. Well I mean, you know, it's pretty common ground now that

14 far too often the Special Branch had intelligence about the

15 people who committed crimes and they didn't tell the

16 detectives who were investigating the crimes. I mean,

17 there is no doubt that's the case. And, you know, they

18 used that -- the justification for that was they had to

19 protect their sources, their informers. But, you know,

20 when you get into that secret world there is no

21 accountability and no independent scrutiny of it, and it

22 opens a way to abuse and, you know, you can't rule out that

23 there was abuse, that there were people who did things for

24 the wrong reasons.

25 120 Q. And equally the military would have had their own

26 intelligence system which --

27 A. They did, they had a parallel intelligence system and quite

28 often they were at loggerheads with the police. I mean, I

29 remember being at a conference, by accident, I was in the

30 mess in the army office in Lisburn one day and I was with

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 45

1 somebody else and another guy came in who had been at the

2 police army conference and he said -- my military friend

3 said to him "How did you get on today?" He says, "Well, we

4 have learned one important thing from our conference this

5 morning: the army hate the RUC and the RUC hate the army."

6 So, you know, it wasn't a perfect system and there was

7 rivalries in it, there were personal rivalries in it.

8 There was all sorts of empire building went on. You know,

9 that's the way of the world.

10 121 Q. And I suppose it's the same in every organisation, there

11 are rivalries, etc., and I suppose as a journalist, I take

12 it you would be, in the ordinary course of things people

13 would use you, or use a journalist in general, to get out a

14 point of view?

15 A. Oh yes, that's quite correct, and, you know, it's part of

16 the professional skill of a journalist to distill the

17 information that he gleaned to try and present it in as

18 balanced and informed and as fair a way as possible, and

19 you have to always be aware of being used for devious

20 reasons by someone, that's quite correct.

21 122 Q. And while your main sources are military and the RUC, they

22 have their own axe to grind in respect of individual items?

23 A. Oh yes, of course.

24 123 Q. And I take it, equally, that the, that while that may be

25 propaganda, that equally there would be black propaganda

26 operated against, by either side against the other in the

27 war against terrorism?

28 A. But again I have to say that I was always very alert to the

29 possibility of black propaganda and I would have been very

30 wary of information and would have always tried to check it

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 46

1 independently where possible, and if there was any doubt at

2 all, then it just wouldn't have been printed or published.

3 124 Q. Because you are saying in relation to the Dundalk telephone

4 system, or at least the Garda telephone system, that

5 certainly it was put out and it was out there as a story

6 that it had been compromised in some way?

7 A. Yeah. But I mean, you could see the IRA would want to do

8 that for their own propaganda reasons. You would see the

9 authorities would want to clamp down on that for their

10 reason because they didn't want to admit that there is a

11 flaw. So that's the difficulty that a journalist faces in

12 a high intensive conflict, of trying to steer the middle

13 ground to find out where the solid ground is and where the

14 marshy ground is either side of it.

15 125 Q. You'll be aware, probably, that in fact this Tribunal has

16 heard much evidence from the technicians, the telephone

17 technicians, etc., at the time, and by and large they can

18 find no basis for any suggestion that the system was --

19 A. Yes, I am aware of that, yes. Much to the consternation of

20 the Phoenix.

21 126 Q. So that, in fact, things that become common beliefs are not

22 necessarily true?

23 A. Yes, I would accept that totally, yes.

24 127 Q. And while you, the view you have given us is, if you like,

25 a sort of a macro view about the lack of political

26 cooperation north and south etc., while we have had a

27 number of RUC officers come here and who were working in

28 the area and in the area of south Armagh and that

29 direction, most of them have said that they had very good

30 cooperation with their colleagues on the other side of the

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 47

1 border and were very pleased with what they got?

2 A. Well I am a journalist and I am naturally cynical, and my

3 experience would be that it was a very mixed picture

4 indeed. That the public perception, or the public

5 statements were not always matched by what was actually

6 happening on the ground, and politicians were great ones

7 for putting a clause on things, even retrospectively, and

8 there has been some evidence given to this Tribunal that,

9 to put it no higher than that, caused my eyebrows to shoot

10 up a bit.

11 128 Q. But I suppose the point I am making is that the RUC members

12 are not compellable, nobody is compellable to come here

13 from outside the jurisdiction?

14 A. Oh, no.

15 129 Q. So the only people we are getting, in fact, are people who

16 are volunteering to come?

17 A. Yes.

18 130 Q. And they are not, as I say, reflecting, if you like, what

19 you describe as the macro view, that the total

20 dissatisfaction with work on the border, in the same way as

21 people told you?

22 A. I mean, I think many of the RUC officers would feel that

23 they owe it to Harry Breen and Bob Buchanan to try and

24 throw as much light as possible onto what happened to them.

25 They would feel that as fellow professional officers,

26 fellow professional police officers, that they have a duty

27 to try and help to throw as much light as possible on their

28 deaths and on the deaths of other innocent --

29 131 Q. The Chairman is very anxious that they would come forward

30 and give whatever information there is in relation to what

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 48

1 the situation was on the ground at the time.

2 A. Yes.

3 132 Q. And I suppose, again, just talking about the IRA press

4 statements, etc., and information, very often I would

5 imagine that's put out there to distract from the truth

6 rather than to elaborate on it?

7 A. Yes, absolutely. They want to get their propaganda out and

8 present themselves in the best possible light on every

9 occasion. And indeed they were pretty good at it.

10 133 Q. One of the issues that arose which was concerning me was

11 the killing of the Hanna family, and, as we know, they were

12 -- the information appears to be that they were driving a

13 Shogun Jeep?

14 A. Yes, they were. I mean I happened to know Mr. Hanna and I

15 lived in the same village as he did and I use to see him in

16 the morning when I was getting the papers and things. I

17 mean I was familiar with him and his vehicle.

18 134 Q. And that the composition of his family were two persons and

19 a young boy --

20 A. Yes, I just can't remember the details.

21 135 Q. -- at the time.

22 A. Yeah.

23 136 Q. And that in fact the vehicle being driven by the Higgins

24 was in fact a Datsun Sunny occupied by, clearly, much older

25 people, and four in total?

26 A. Yeah.

27 137 Q. And that in fact when the bomb was set off, the vehicles

28 were seven miles south of the border, in Castlebellingham I

29 think, but in the immediate aftermath of the killing of the

30 Hannas the IRA statement was in fact they were attempting

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 49

1 an attack on Crown forces?

2 A. Yes.

3 138 Q. And then subsequently they said that the bomb -- I mean,

4 almost immediately subsequently they said that the bomb had

5 been set off by the British Army electronically?

6 A. Yes, I mean that was the thing they frequently used; they

7 used that after the Enniskillen Remembrance Sunday bombing.

8 139 Q. But it was only a long time later that they discovered in

9 fact, or a significant time later when they discovered that

10 the Higgins were on their way that they claimed it was

11 aimed at the Higgins. So you can't believe what you are

12 told all the time?

13 A. No, I have just said that. I mean, as a journalist, it's

14 extremely difficult to work out, and that's why, you know,

15 given the difficult circumstances in Northern Ireland, one

16 always attempted to stick to facts that were verifiable.

17 You know, for example, the police would say, you know, that

18 two people have been killed, a bomb was detonated. You

19 know, would you then resist the temptation to go on and

20 embellish that information where possible in case that you

21 would get it wrong, or in case that you would give

22 credibility to one side or the other and we would always

23 say the IRA claimed but the security forces deny, you know,

24 so that you were presenting as comprehensive a picture as

25 it was possible to do.

26 140 Q. And in relation to the mole situation in Dundalk Station, I

27 think by and large that tended to come from politicians in

28 one side or the other making statements for the paper which

29 turned into headlines?

30 A. Well, these things sort of took a life of their own. You

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 50

1 know, once somebody started a rumour, this took a life of

2 their own and then, you know, you would read it in a

3 magazine or a paper or some article, and then it was

4 accepted as fact without ever being subjected to rigorous

5 forensic tests as to its truth.

6 141 Q. And I think, as you very fairly said in relation to the

7 Gibsons, that in fact what you were told on the day did not

8 in fact turn out to be the truth in the end of the day.

9 That we know that the --

10 A. Well, I mean my friend said to me that he thought that they

11 had been betrayed in some way. He didn't go beyond that.

12 But, you know, I don't think I have ever seen it proven

13 conclusively the fact that they booked their ferry passage

14 in their own name was the reason why they were targeted.

15 142 Q. Well I think that the information the Tribunal has is that

16 in fact they booked the passage in their own name, they

17 booked the hotels in their own name, they paid with their

18 own cheques or whatever, and I think they made no attempt

19 to disguise themselves?

20 A. Yes, I accept that. But it's another thing, then, to say

21 that that was the sort of their betrayal. You know, I

22 haven't seen anything, any convincing evidence that that's

23 how they were targeted, by the fact that all those passages

24 and things were in their own name. Neither have I seen

25 that there was convincing evidence that they were betrayed

26 by a mole in Dundalk.

27 143 Q. Exactly.

28 A. I mean, I think that's one of those things, you know, that

29 the Tribunal is going to have to focus on and decide what's

30 credible and what's not credible in these very difficult

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 51

1 and conflicting pieces of evidence.

2 144 Q. And certainly we know that there is information that they

3 in fact had travelled south towards the airport in Dublin

4 on something like I think four previous occasions?

5 A. Yes, I think I heard that.

6 145 Q. And they had been escorted by Gardaí from Dundalk --

7 A. Yes, I think I heard that.

8 146 Q. -- at various stages. And I think also around that

9 particular time I think there were attacks on a large

10 number of judges, I think there were a number of,

11 certainly, magistrates as well as more senior --

12 A. Yes, there was a consistent pattern of attacks on the

13 judiciary and people associated with the legal profession.

14 147 Q. And they were very high profile and they were being

15 specifically targeted?

16 A. Yes. I mean, I remember one day being close to Queens

17 University when there was an attempt made to shoot Sir

18 Robert Lowry.

19

20 MR. DURACK: It's just one o'clock, if you wish to break

21 for lunch, sir.

22

23 CHAIRMAN: Yes, I think we will resume at two o'clock.

24

25 MR. VALENTINE: Just, Chairman I have been asked to clarify

26 one thing and it's in so far as an impression may have been

27 created that the Hanna family were murdered in their

28 entirety. I do understand that there are two older --

29 David, the youngest son was killed in that atrocity -- and

30 there are two older children who weren't travelling and are

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 52

1 still alive and may well be following the proceedings.

2

3 MR. DURACK: I'm sorry.

4

5 CHAIRMAN: I want to say tomorrow morning there will be,

6 again I am afraid, a delay in starting procedures. A

7 member of the bar, Mr. Hunt, has died and is being buried

8 tomorrow morning and he has a number of close friends

9 amongst the counsel appearing before the Tribunal and they

10 want to attend the funeral, so we will begin at twelve

11 rather than eleven o'clock tomorrow morning.

12

13 MR. HAYES: Thank you very much for that, Chairman. Can I

14 also, just in respect of this afternoon's evidence, can I

15 make a brief application before you rise? Brigadier Liles

16 is due to give evidence this afternoon and he had

17 previously, of course, given evidence to you, but he is

18 back to give evidence in relation to matters of an

19 intelligence nature and they are intelligence matters which

20 could not be put fully in front of you were the evidence to

21 be taken in public, and for that reason, I would ask that

22 his evidence this afternoon be taken in private. But I

23 should make it clear that while, due to the sensitivity of

24 the nature of his evidence, I'd ask for it to be in

25 private, that as soon as can be afterwards, it is your

26 intention, I understand, to make as much of that evidence

27 as is possible to make public, and that you will publish it

28 within the next week or so.

29

30 CHAIRMAN: Yes, that's true. Brigadier Liles will be

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 53

1 giving evidence in relation to some very delicate

2 intelligence matters and there will be strong

3 representations made that that evidence should be taken in

4 private. Nevertheless, I have been in touch with the

5 authorities who made the intelligence available and what I

6 will do is, I'll examine the transcripts immediately

7 following Brigadier Liles' evidence and it will be vetted

8 and, as far as possible, it will be made available to the

9 public, probably within a week or so.

10

11 So then I think, therefore, I should grant the application

12 to have the hearing in private this afternoon under that

13 condition. So we'll sit again -- is there anything else?

14 I'll sit again at two o'clock.

15

16 THE TRIBUNAL ADJOURNED FOR LUNCH. 17

18

19

20

21

22

23

24

25

26

27

28

29

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 54

1 THE TRIBUNAL CONTINUED AFTER LUNCH AS FOLLOWS:

2

3 CHRIS RYDER CONTINUED TO BE CROSS-EXAMINED BY MR. DURACK

4 AS FOLLOWS:

5

6 MR. VALENTINE: Chairman, just before Mr. Durack resumes

7 his cross-examination, I want to deal with one logistical

8 matter and it's this: because of Brigadier Liles' flight

9 arrangements, we will to commence his evidence no later

10 than 3:00. Now I anticipate that Mr. Ryder's evidence will

11 be finished by then but just in case it isn't, I want to

12 flag that now.

13

14 CHAIRMAN: Thank you very much.

15

16 148 Q. MR. DURACK: I think all the items, Mr. Ryder, that have

17 been, if you like, associated with the mole allegation, all

18 occurred around the Killeen stretch?

19 A. Yes.

20 149 Q. And I think I'm right in saying I don't think there ever

21 was an army or a post actually on the border?

22 A. No, I don't think there was, not actually on the border,

23 that's right.

24 150 Q. And in fact, the first --

25 A. The first one -- the nearest is probably the Dromad police

26 station, the little small police post just by, just on the

27 southern side of the border.

28 151 Q. Yes. But I think that in terms of the British Army RUC

29 presence, I think you are virtually into Newry -- sorry,

30 you are a mile or two down the road?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 55

1 A. You are at Clough, the permanent checkpoint was at Clough

2 but they regularly would have conducted snap checkpoints on

3 the stretch right down to the border.

4 152 Q. But the point is that that area from the border to that

5 post was, effectively, no man's land, virtually?

6 A. No, not at all, because it was under constant surveillance

7 from the towers.

8 153 Q. But nonetheless, the IRA were able to plant bombs along

9 that?

10 A. There is no doubt about that.

11 154 Q. That is how the incidents happened?

12 A. That's right.

13 155 Q. And I mean, I know that in some of the papers before the

14 Tribunal it's mentioned that, in fact, the army, when they

15 were expecting a VIP to cross the border from the south,

16 would actually sweep the road, I mean would check the road

17 to see there was nothing unusual between the border and

18 Clough?

19 A. Yes, so there was regular -- there was regular surveillance

20 on the road at times.

21 156 Q. And if that was so, they might well have found, if they had

22 done one, say, before the various murders we are talking

23 about, they may well have been in a position to prevent it?

24 A. It would depend whether the device was dug into the road

25 with the command wire or whether it was parked in a

26 vehicle. I mean a vehicle could be parked a very short

27 time beforehand, whereas if it was an improvised explosive

28 device that was dug in with a command wire or radio

29 controlled initiation, then that was detectible certainly

30 by a dog perhaps or...

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 56

1 157 Q. But equally that would have taken sometime to put in --

2 A. Oh yes, but I mean there are many occasions when they have

3 suspected something being in place and then they have had

4 to clear the area, sometimes it's taken up to five or six

5 days to clear it.

6 158 Q. Yes, indeed. And I think that in fact, while some of the

7 things dug into the road, some of them were vehicles just

8 left?

9 A. On the side of the road.

10 159 Q. On the side of road and gone. But again they could have

11 been seen from the tower, presumably?

12 A. My recollection is that there were some blind spots but, by

13 and large, there was pretty close surveillance of the

14 stretch of road.

15 160 Q. But nonetheless, it wasn't perfect?

16 A. It wasn't perfect, no. And I mean, things could be done at

17 night that they might not have detected, either.

18 161 Q. You were telling us about the watchtowers and what their

19 function was and that they had very strong binoculars for

20 long distance viewing?

21 A. Yes, I think they also had some night vision capability as

22 well.

23 162 Q. Certainly that was common at the time?

24 A. Well, it was developing, you know, I think it was one of

25 those technical innovations that gathered pace through the

26 seventies and eighties. I mean it's now very sophisticated

27 night vision, but I think in those days it was probably in

28 its infancy still.

29 163 Q. It was nonetheless, certainly within --

30 A. Oh, there was some night vision capability, yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 57

1 164 Q. And I think in relation to CB radios and walkie-talkies, I

2 think they were very common in the seventies and eighties?

3 A. Yes, but that was the era before the mobile telephone and

4 they were easily intercepted with sophisticated scanners, I

5 understand.

6 165 Q. And I think they were relatively cheap too. I think every

7 trucker in the country had one as well as an awful lot

8 others?

9 A. Yes, and you could buy walkie-talkies sets easily as well

10 will.

11 166 Q. And they were something that could be listened to and

12 intercepted?

13 A. Yes, I understand that.

14 167 Q. And certainly we have heard evidence that scanners were

15 found in various suspects' houses?

16 A. Yes, I am sure they were indeed.

17 168 Q. That were capable of listening to both the RUC traffic and

18 the Garda traffic?

19 A. Yes, that's right.

20 169 Q. And what is your understanding about the listening capacity

21 of the towers?

22 A. Not very much other than that there was some listening

23 capacity, what the technical details are, I don't know, but

24 I do understand that there was some listening capacity.

25 170 Q. I often heard it said that the tower at the border, you one

26 I think you referred to as Romeo 14, that that could hear

27 what people were saying in motor cars that were going

28 through?

29 A. I don't know that. It's a little bit James Bond-ey. But

30 there was certainly, there was some capacity to intercept

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 58

1 communications and there was certainly a capacity for

2 physical and electronic surveillance. I do know that at

3 one stage they introduced roadside cameras which could

4 focus and read the number plates of cars, there was an

5 operator who was able to read the number plates of cars.

6 There was a bump put on the road to slow the car down and

7 then the camera was focused so that it would get the car

8 number plate, and there were operators there who would type

9 in the car number to a computer system, and that not only

10 logged the movements of vehicles but it also logged the

11 movements of suspect vehicles and could create an alert

12 when a vehicle of interest to them was monitored.

13 171 Q. Yes, we certainly, the Tribunal has seen evidence of that,

14 too. And was it a fact that they had to actually type in

15 the numbers or were they computerised?

16 A. That's my understanding, that the numbers were typed in by

17 an operator.

18 172 Q. And I take it that all of this information could have been

19 fed -- was fed back immediately to Headquarters?

20 A. Well, I think it was filtered. I mean, the Brigade, the

21 Operational Brigade Headquarters would have had overall

22 responsibility in that area. More serious things would

23 have gone all the way back to army headquarters in Lisburn

24 and to police headquarters in Belfast, but things that were

25 just happening locally would have been dealt with in, they

26 were called TAORs, tactical areas of responsibility, so the

27 local units would have had a TAOR and they would have dealt

28 with things there and referred them upwards when the need

29 arose.

30 173 Q. The point I am making really is that they are not just

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 59

1 isolated sitting there collecting information?

2 A. Oh no.

3 174 Q. They are able to pass the information in realtime if it's

4 relevant?

5 A. Yes, if something really important happened that would be

6 flashed right through the whole system right up to the top,

7 very quickly.

8 175 Q. And certainly if anything appeared to the IRA, activity in

9 the area or activity they couldn't account for, it could

10 immediately be passed on to the next responsible area?

11 A. Yes, and I mean, they would also have checked to see if

12 anybody else knew of something that was going on that they

13 should know about, they could then rule out perhaps if

14 there was some suspicious activity emerged, they could then

15 check back and say well, maybe somebody else is involved in

16 that so it's nothing to worry about or it is something to

17 worry about.

18 176 Q. Do you know was there ever consideration given to actually

19 having an army post on the border rather than, as I say,

20 leaving that Killeen stretch open?

21 A. No, the only way they felt that they could get away with

22 that was if it was jointly manned with the Irish army,

23 because otherwise it would have been too vulnerable and

24 would have been very difficult to protect. I mean, even

25 when the post was as far as back as Clough, it regularly

26 came under attack. I mean, at one stage they trundled a

27 bomb down the railway line and it exploded killing a

28 sentry, and on other occasions they used proxy vehicles to

29 attack it, so the fact that it would have been on the

30 actual border would have rendered it very vulnerable indeed

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 60

1 and made it very dangerous for those who would have to stay

2 there.

3 177 Q. And I think then if you move off the road and into south

4 Armagh over towards Jonesboro and the rest of that, that

5 the geography there is very difficult?

6 A. It is, there is no doubt. That's why the hilltop

7 observation posts were quite important and they only moved

8 there by air and by foot across very carefully screened

9 routes because of the danger of IEDs having been planted in

10 the side of the road or ambushes having been set up.

11 178 Q. And I think that the evidence we have heard is something up

12 to two miles away from the border, in fact, was again

13 virtually no man's land and could only be entered, as you

14 say, with helicopters?

15 A. Helicopters and foot patrols, that's right. But it was

16 never not patrolled. It was just patrolled with great

17 circumspection and quite often they would have used covert

18 patrols lying out for days on end and watching for activity

19 or watching a particular premises if they thought something

20 was going on there.

21 179 Q. But it was because it was unable to be patrolled that there

22 was the opportunity for people to use the border as an

23 escape route?

24 A. Well, it's because of its proximity to the border that it

25 was used as a escape route; it was very easy to come into

26 Crossmaglen and attack the police army post there and

27 within a couple of minutes one was back across the border

28 in safety.

29 180 Q. I take it you would accept just in relation -- you said

30 that there was no provision for army to army --

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 61

1 A. Contact.

2 181 Q. -- contact?

3 A. Yes.

4 182 Q. I think you will accept the position, of course, in the

5 south because the south wasn't in the same difficulties as

6 the North was at the time, that the army only worked in

7 assistance to the civil power rather than --

8 A. Well that was the legal position in the North, too. But I

9 don't think that was a particular cause of difficulty. I

10 mean, as I said to you, the bomb disposal officers worked

11 in close proximity to each other. I know on a number of

12 occasions the British army bomb disposal officers visited

13 the south and had regular liaison with their counterparts

14 here so they were able to exchange information with them

15 about the sort of bombs they might encounter.

16 183 Q. I think I am told that the army had direct contact with

17 London in relation to bomb disposal and that is how it --

18 A. It did at that level as well, that's correct, yes.

19 184 Q. But, by and large, it appears that your understanding is

20 that a lot of the, a lot of what went on actually on the

21 border there was a fair amount of cooperation, whatever

22 about the megaphone diplomacy that was going on otherwise?

23 A. Yes, there was some cooperation but it was pretty minuscule

24 when measured against the enormity of the conflict and the

25 toll of life in the North and the suffering and hurt that

26 was caused in the North by the ease with which the IRA

27 could come across the border and escape to virtual immunity

28 in the south.

29 185 Q. But isn't it also a fact that an awful lot of the trouble

30 in the North arose within the North and stayed within the

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 62

1 North?

2 A. That's correct but --

3 186 Q. I mean what happened in Derry and in Belfast had nothing to

4 do with the South?

5 A. No, but there was a southern dimension to it because of the

6 way that the IRA operated and the way that they used this

7 state as a refuge, as a supply line, as an operating base,

8 a training base even. So, it would be wrong for anybody

9 here to try and wash their hands of any involvement in the

10 conflict.

11 187 Q. No, I don't think anybody is trying to wash their hands of

12 it, but it does appear that your sources of information are

13 exclusively the military and the RUC in North?

14 A. Not exclusively. I would have had lots of contact with

15 politicians, with local councillors, with people who lived

16 in these areas. I knew from first-hand, having visited

17 people in isolated border farms, in isolated rural border

18 communities, the peril that they felt they lived under

19 because of this IRA threat.

20 188 Q. I appreciate that. But your contacts were not with anybody

21 in the South?

22 A. I had some contacts with people in the South. I mean, I

23 would have had contacts regularly with diplomats and

24 officials and politicians in the South, and some contact

25 with the Garda and the Irish army, although nothing like

26 the intensity of the contact I would have had with security

27 forces in the North.

28 189 Q. Because from time to time one gets the impression that

29 journalists given a specific task or assigned to a specific

30 area of responsibility become virtually adopted by the

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 63

1 people that they are reporting, at least whose interests

2 they are reporting on; one always thinks of it being

3 embedded with the army in Iraq, etc., and that you are

4 really getting a lot of one side of the story rather than

5 anything of the other side?

6 A. Well, I think if my work over the years was subjected to

7 any sort of forensic scrutiny, that that accusation

8 wouldn't stand against me.

9 190 Q. But it's, as I say, it is the way information and

10 propaganda works, isn't that right?

11 A. Oh, yes, that's true at a theoretical level, yes.

12 191 Q. I am not attacking you personally at all in relation to

13 this, thank you very much indeed.

14

15 THE WITNESS WAS CROSS-EXAMINED BY MR. O'CALLAGHAN AS

16 FOLLOWS:

17

18 192 Q. MR. O'CALLAGHAN: Good afternoon, Mr. Ryder, I appear for

19 Owen Corrigan. You were a journalist covering Northern

20 Ireland for a period of about 40 years, isn't that correct?

21 A. That's correct.

22 193 Q. And would you agree with me that being a journalist

23 covering in Northern Ireland in the 1970s and

24 1980s, wasn't a particularly glamorous job?

25 A. Indeed not.

26 194 Q. It was a dangerous time for journalists as well?

27 A. It was a dangerous time for anybody, yes.

28 195 Q. Are you aware of that since the ceasefire a number of

29 individuals have published books about their involvement in

30 the Troubles and how they were centrally involved and they

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 64

1 have made money out of these books?

2 A. I am aware there have been a lot of books published and I

3 would very much doubt if anybody has made any money out of

4 them.

5 196 Q. Have you read Kevin Fulton's book which is modestly

6 entitled "Unsung Hero"?

7 A. No.

8 197 Q. Are you aware of Kevin Fulton?

9 A. I don't know him. I know of him.

10 198 Q. Have you ever met him?

11 A. No.

12 199 Q. You never met him. When did you first become aware of him,

13 sir?

14 A. I think when he surfaced and began to make all sorts of

15 claims about his activities and his role in events.

16 200 Q. And would it be fair to say that that is around 1999, 2000?

17 A. Yes, I think it would have all have been post ceasefire.

18 201 Q. Yes, I think it is. Had you ever heard of him as a member

19 of the IRA in the late 1980s, at the time of the late

20 1980s?

21 A. Not that I recall.

22 202 Q. Had you ever heard of him from your contacts within the RUC

23 as being somebody who worked for the RUC?

24 A. No, not that I recall.

25 203 Q. OK. Are you aware as to whether Kevin Fulton receives

26 money for providing stories to newspapers?

27 A. No.

28 204 Q. The reason I asked you that is you wrote an article in The

29 Irish Times on 25th of June, 2002, which was about the

30 ongoing dispute between Sir Ronnie Flanagan and Nuala

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 65

1 O'Loan about the , you remember that, sir,

2 don't you?

3 A. I don't remember the precise article but no doubt you will

4 remind me.

5 205 Q. I am not trying to trick you out, it's just you referred to

6 the response of Sir Ronnie Flanagan to Nuala O'Loan, who

7 had adopted certain of the propositions that were put to

8 her by Kevin Fulton?

9 A. Yes, I think he described Fulton as not being of a very

10 trustworthy or reliable nature.

11 206 Q. Yes. Sir Ronnie Flanagan, on behalf of the RUC,

12 effectively discredited Fulton in his response and --

13 A. Yes.

14 207 Q. And you published or wrote a story for the Irish Times

15 which it published on 25th January 2002, and I just want to

16 read out the first two sentences of it because it relates

17 to a matter I want to ask you about. It's entitled: "Sir

18 Ronnie delivers his punch and we now await the third and

19 final round:

20 Early last summer a former police informer known as

21 Kevin Fulton had convinced a British Sunday newspaper

22 that if his advance warning had been properly.

23 followed up, the Omagh bombing in August 1998 could

24 have been prevented.

25 However, before printing the story and handing over

26 £50,000, the newspaper insisted on one final check.

27 Contact was made with the recently retired Chief.

28 Superintendent Eric Anderson to check the veracity of

29 the story."

30 And then your article continues.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 66

1 A. Yes.

2 208 Q. I am just wondering, and what I am interested in is how you

3 were aware that the newspaper was offering Fulton £50,000

4 at that time?

5 A. I think the newspaper concerned was The Mail on Sunday and

6 I think it was pretty common currency that that transaction

7 was being talked about. I think at that stage, Fulton was

8 touting his stories around various newspapers, and I am

9 only reporting that third-hand. I wasn't involved in any

10 negotiation like that and I obviously would base that on

11 information that I had gleaned from, probably, Mr. Anderson

12 and possibly Sir Ronnie Flanagan as well, and, you know,

13 other people who would have, in the newspaper world, who

14 would have known that that was on.

15 209 Q. And you believed the information you were given to be

16 accurate, otherwise you wouldn't have put it in the

17 newspaper?

18 A. I was satisfied with what I was told by the various

19 sources.

20 210 Q. And are you aware of how widespread was the practice of

21 Kevin Fulton going around to newspapers trying to hawk his

22 stories?

23 A. No. I mean, as I say, I never had any dealings with him.

24 211 Q. Yes. The sum of £50,000 that a newspaper would pay an

25 individual for a story, am I naive in thinking that that is

26 a considerably large amount of money to be offered for a

27 story such as this?

28 A. I don't know. I was never involved in cheque-book

29 journalism like that so I have no idea what it was worth or

30 what his story would be worth, and, you know, very often

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 67

1 these things were exaggerated.

2 212 Q. But your belief, in any event, is that Kevin Fulton was

3 looking for money for his story from The Mail on Sunday?

4 A. Yes, I mean I think it was widely known among journalists

5 that The Mail on Sunday was about to publish this story and

6 that, as a result of the last minute checks, they pulled

7 out of it and the last minute checks were with Sir Ronnie

8 and Eric Anderson, who was the investigating officer for

9 Omagh at that time, and I think it was quite widely known

10 among the journalistic fraternity, at the very least, that

11 this is what had happened. Newspapers keep a very close

12 eye on each other and what they are doing.

13 213 Q. Are you aware from your own involvement at the time, sir,

14 as to whether or not Fulton approached any of the

15 newspapers you were working for at the time --

16 A. No.

17 214 Q. -- trying to sell his story?

18 A. No, I never had any dealings with Fulton at all.

19 215 Q. Yes. But you would be aware from keeping yourself abreast

20 of what is happening --

21 A. Only in the most general way.

22 216 Q. Yes. But you obviously read Sir Ronnie's response to Nuala

23 O'Loan's account of Kevin Fulton and that that was what

24 your article was based on, isn't that so?

25 A. Yes, I can't remember whether that was a written statement

26 by Sir Ronnie or whether it was an interview he gave or...

27 217 Q. It was a detailed written statement he had prepared in

28 reply.

29 A. Yes, that is the suspicion I have but I am just not

30 entirely sure.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 68

1 218 Q. Like, I am conscious Mr. Fulton isn't here but he will be

2 coming to give evidence, but would you agree with me,

3 Mr. Ryder, that there are serious question-marks over the

4 reliability of Kevin Fulton's accounts of what happened in

5 the past?

6 A. I can't give any direct testimony to that because I don't

7 know Mr. Fulton, I have never met him, I have never

8 interviewed him, I have never had a chance to test his

9 credibility and, you know, I didn't want to make up my mind

10 about him unless I had personally interviewed him and

11 personally checked out his reports or his claims of his

12 activities, so I am afraid I can't help you on that.

13 219 Q. Would you regard Ronnie Flanagan as a man of integrity who

14 sought to --

15 A. Sir Ronnie Flanagan steered the RUC through very difficult

16 times in a very courageous way, and I have no reason to

17 doubt Sir Ronnie's veracity or integrity in any way. I

18 have never come across anything that persuaded me that he

19 did anything other than for the highest possible motives.

20 220 Q. And you may not want to comment about Mr. Fulton, but

21 certainly if Sir Ronnie Flanagan issued a public statement

22 raising serious question marks over the reliability of

23 Kevin Fulton, that's something that would have to be

24 considered seriously by anyone who is reflecting on

25 Fulton's --

26 A. It is. I mean Mr. Fulton has a remedy at law, if he

27 believes that Sir Ronnie has defamed him he has a remedy at

28 law, and Sir Ronnie, I think, knowing that Mr. Fulton had a

29 remedy at law, would not have issued that statement unless

30 he had compelling factual evidence to support it.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 69

1 221 Q. You worked, Mr. Ryder, with the Daily Telegraph until 1993,

2 I think?

3 A. That's correct.

4 222 Q. Toby Harnden also worked with the Daily Telegraph. Did he

5 work with the Telegraph at the same time as you?

6 A. No, he came to Northern Ireland when I left.

7 223 Q. Is he a friend of yours?

8 A. I know him slightly.

9 224 Q. The reason I ask, it's sometimes difficult for people who

10 are friends of others --

11 A. No, I know him very slightly.

12 225 Q. OK. Did you read his book Bandit Country?

13 A. I don't think I did. I think I might have skimmed through

14 bits of it.

15 226 Q. Yes. If you are trying to find the acorn that's given

16 growth to this Tribunal, that acorn is Bandit Country, the

17 book, because in Bandit Country Mr. Harnden states that

18 Chief Superintendent Breen and Superintendent Buchanan were

19 murdered as a result of a Garda tip-off. Were you aware of

20 that, sir?

21 A. I was aware of that proposition before Mr. Harnden

22 published his book. I mean, that was pretty common

23 currency among police officers and journalists and others

24 long before Toby Harnden published his book. He picked

25 that up and teased it out, then, for the purposes of

26 writing his book.

27 227 Q. Well, it was the immediate, I suppose, circumstance giving

28 rise to this Tribunal because it resulted in statements

29 being made by ; it resulted in articles by

30 Kevin Myers; the Garda investigation; and then the Weston

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 70

1 Park Agreement and the Cory Report into a number of events?

2 A. Yes.

3 228 Q. So in that regard I was indicating that it was one of the

4 initiators of this Tribunal. Were you aware that in his

5 book, Bandit Country, Toby Harnden relies on two vital

6 pieces of information for his assertion that there was

7 Garda collusion, and the first was that there was technical

8 information that the call from Dundalk Garda Station was

9 made to the IRA; were you aware that he had stated that in

10 his book, sir?

11 A. I wasn't aware he had stated it in his book, but over the

12 years I had heard various versions of how the ambush was

13 mounted and how they were tipped off and that included that

14 the car was followed, that somebody was observing the

15 police station, that somebody in the police station had

16 telephoned. There were a whole series of theories, all of

17 which have been rehearsed before the Tribunal and so I

18 cannot -- I do not have the knowledge or the evidence or

19 the factual certainty to be able to say one thing or the

20 other, and I was just aware of all those various theories.

21 229 Q. Were you aware of the theory that there was technical

22 information available that a call from Dundalk Garda

23 Station was made to the IRA?

24 A. Yes, I had heard that claimed but, you know, I had never

25 heard anything authoritatively that one would have said

26 yes, that is the truth or that is what happened.

27 230 Q. I appreciate that, but if that evidence could be proven, it

28 would be exceptionally powerful information suggesting

29 Garda collusion, wouldn't it?

30 A. Well it would. And I mean, there is a wealth of allegation

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 71

1 of Garda collusion, there is a lot of circumstantial

2 evidence of Garda collusion, and there are all sorts of

3 conflicting theories about the facts as they are known, and

4 you know, it's really not a matter for me, it's a matter

5 for the Tribunal to weigh those and decide what credibility

6 to give each of the factors and what credibility to give

7 each of the theories.

8 231 Q. I agree with that, sir, obviously, but we have somebody who

9 is expert in knowledge of Northern Ireland at this

10 particular time and that's why I am just trying to probe

11 what you know about it?

12 A. I mean, I think to help you, I do not know anything factual

13 or first-hand that would help you or the Tribunal in

14 relation to those specific theories or rumours. I was

15 privy and heard them the same as everybody else did.

16 232 Q. So I was putting to you two vital pieces of evidence that

17 Toby Harnden relied on: First, that there was technical

18 information that a call from Dundalk Garda Station was made

19 to the IRA. Did you hear that as a rumour beforehand?

20 A. Yes, certainly before Mr. Harnden's book came out, yeah.

21 233 Q. And a second vital piece of evidence that Mr. Harnden

22 included in his book was that he said a retired Garda

23 Detective Inspector confirmed to him that the tip-off had

24 come from a fellow garda. Like, had you heard that before,

25 that a retired --

26 A. No.

27 234 Q. You hadn't heard that?

28 A. No, I never heard that.

29 235 Q. And those two pieces of evidence together are fairly

30 significant, would you agree, in suggesting Garda

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 72

1 collusion?

2 A. If they are true.

3 236 Q. Oh, absolutely.

4 A. Yes.

5 237 Q. If they were true, they --

6 A. If they are true, then they would certainly point to a

7 degree of Garda collusion.

8 238 Q. But the reason I bring them to your attention is because

9 neither of them is true, and the Tribunal has been able to

10 see correspondence from the RUC dated 15th of September,

11 2000, where the RUC confirmed to An Garda Siochana that

12 there was no -- they have no technical information, they

13 have no evidence suggesting a call was made from Dundalk

14 Garda Station to the IRA.

15 A. Well, I can't contradict that if that is RUC evidence.

16 239 Q. Would you agree with me that that casts doubt upon what

17 Toby Harnden has said in his book?

18 A. I think that is for the Tribunal to decide, not me.

19 240 Q. I know it is for the Tribunal to decide that, but what do

20 you think?

21 A. I don't know. I mean, I am not in possession of all the

22 facts, and without being in possession of all the facts I

23 am reluctant draw a conclusion.

24 241 Q. OK. Here is another piece of information that the Tribunal

25 has: The Garda Detective Inspector who allegedly told Toby

26 Harnden that the tip-off had come from a fellow guard has

27 taken the oath in that box there and he has told the

28 Chairman that he never said that to Toby Harnden. Wouldn't

29 that cast doubt on the accuracy of what Toby Harnden is

30 stating?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 73

1 A. Well, on the surface, yes. But I mean the officer may well

2 have perjured himself, you can't rule that out, that's not

3 for me to decide.

4 242 Q. Well the officer has come to give evidence. We are waiting

5 on Mr. Harnden to give evidence but...

6 A. I think you will have to tease that out with Mr. Harnden.

7 I am not in position to give you a comment on that one way

8 or the other.

9 243 Q. You mentioned that in the 1970s and 1980s there was general

10 wariness between RUC and An Garda Siochana, isn't that

11 correct?

12 A. Yes, that would be my impression.

13 244 Q. I don't think that was a wariness that was limited to

14 police officers on the island. There would have been

15 wariness between politicians north and south as well, isn't

16 that so?

17 A. Certainly, yes. I mean, would have been some very critical

18 politicians in the North about the policies in the -- in

19 the implementation of security policy in the South. I

20 mean, some of that was exchanged in public and in very

21 emotional ways sometimes.

22 245 Q. Yes, yes. My client, Owen Corrigan, agrees with you that

23 there was mutual distrust between An Garda Siochana and the

24 RUC during the 1970s into the 1980s. Were you aware how

25 close my client, Mr. Corrigan, was to Brian Fitzsimons?

26 A. No.

27 246 Q. You met --

28 A. Except for the one occasion in which I met the two of them

29 together.

30 247 Q. You met in 1978 in the La Mon Hotel. What position did

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 74

1 Mr. Fitzsimmons have at that time, sir?

2 A. That was the very first time I'd met Mr. Fitzsimmons, and

3 my understanding was that he was a senior officer in the

4 Special Branch in Belfast Police Headquarters.

5 248 Q. And he was, unfortunately, killed in the helicopter crash?

6 A. The helicopter crash on the Mull of Kintyre.

7 249 Q. And how important, from your knowledge of him, looking back

8 on his life, how important a figure was he in the

9 intelligence network in Northern Ireland?

10 A. Well I now understand he was quite a pivotal important

11 figure in the senior echelons of the Special Branch all

12 through those years of the Troubles. I mean, I got to know

13 him sort of better after that and met him from time to

14 time.

15 250 Q. Would you have regarded him as a shrewd man?

16 A. Oh, very much so, yes.

17 251 Q. You met Owen Corrigan in 1978 and --

18 A. No, sometime before 1978.

19 252 Q. Sorry, sometime before 1978. And he was there with Brian

20 Fitzsimons, and who else?

21 A. That's correct.

22 253 Q. Was it just the two of them there?

23 A. Yes, there was just the two of them.

24 254 Q. And you were there with Mr. Cruchley, isn't that so?

25 A. That's correct, yes.

26 255 Q. And then you went on to state that subsequently you met

27 Mr. Corrigan in the toilet and he said if you were looking

28 for stories, that you could contact him?

29 A. Yes, that's correct.

30 256 Q. Is there anything unusual about -- by the way, I dispute

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 75

1 this and I will come back to that but I just want to deal

2 with it in the generality -- was that unusual in your walk

3 of life at that stage, that police officers would offer you

4 assistance?

5 A. No, it wasn't unusual that police officers would offer

6 assistance, what was unusual was that they asked for money.

7 257 Q. And what he said to you, your words were "there'd be a few

8 bob in it for me, wouldn't there?"

9 A. Words to that effect.

10 258 Q. Words to that effect. Now, I will come back to what

11 Mr. Corrigan says about that in due course. But by stating

12 that, that isn't evidence that Mr. Corrigan is, in some

13 respect, a sophisticated IRA mole, is it?

14 A. I never claimed he was a sophisticated IRA mole. I just

15 simply recounted the encounter I had with him and the

16 details of it.

17 259 Q. Yes. No, the reason -- in fairness, I know you didn't say

18 that but obviously the Tribunal is looking at that

19 particular issue here.

20 A. Yes.

21 260 Q. And would you agree with me it would be unusual for an IRA

22 volunteer, in effect, is what Mr. Corrigan would be if he

23 was working for the IRA, to be basing himself in the La Mon

24 Hotel with Brian Fitzsimons having a drink on an afternoon

25 in the mid-1970s; that's not the behaviour you would

26 associate with somebody who is spying for the IRA, is it?

27 A. Well, I don't know. I mean those were strange days and

28 strange times and many strange things happened. Clearly,

29 Mr. Fitzsimmons had some good reason to spend time with

30 Mr. Corrigan and speak to him. I don't know what business

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 76

1 they were transacting that day and at that stage I had no

2 reason to suspect Mr. Corrigan of anything, but what did

3 shock me was that he asked me for money for stories, and

4 that is the extent of my allegation against him.

5 261 Q. Yes.

6 A. That never before and never since has a police officer ever

7 asked me for money for stories.

8 262 Q. Evidence has been given to the Chairman by other witnesses

9 that Brian Fitzsimons and Owen Corrigan were very close and

10 that they had a close professional relationship in terms of

11 intelligence gathering and intelligence transfer. You have

12 no reason to dispute that?

13 A. I have no reason to -- I cannot agree or disagree with

14 that. All I know is that I saw them together on one

15 occasion.

16 263 Q. Yes.

17 A. Anything else that I would say beyond that would be

18 speculation.

19 264 Q. Evidence has also been given by other RUC officers, and I

20 won't go through it in detail, indicating that Owen

21 Corrigan provided a valuable source of intelligence and

22 valuable cooperation to the Royal Ulster Constabulary

23 during these difficult years. Do you have any basis to

24 dispute that, Mr. Ryder?

25 A. No, if that is their evidence, then that has to be taken

26 for what its worth. I have no evidence to dispute it or to

27 disagree with it.

28 265 Q. And I don't know if you are aware that one RUC officer gave

29 evidence to the Chairman that, in fact, Owen Corrigan had

30 saved his life from an IRA murder ambush. I don't know if

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 77

1 you were aware of that?

2 A. No.

3 266 Q. OK. When we got your statement, I asked for instructions

4 from Mr. Corrigan as to what his response was in respect of

5 the allegation about the La Mon Hotel and what you say is

6 him seeking money?

7 A. Yes.

8 267 Q. And I just want to tell you what he says and then ask you

9 two or three questions on it. Mr. Corrigan recalls a night

10 at the La Mon House Hotel. He does not recall being

11 introduced to Chris Ryder. Brian Fitzsimons pointed him,

12 Chris Ryder out, when he was sitting at the bar. He was a

13 heavy-set fellow. Brian Fitzsimons told him who he was and

14 to be careful. He said 'he will attempt to engage you in

15 conversation, he is very close to MI5, be careful what you

16 say to him'.

17 So that is Mr. Corrigan's response in respect of the

18 introduction. I will come on to the money point in due

19 course.

20 A. First of all, it wasn't a night, it was a lunchtime.

21 268 Q. OK. You say it was lunch as opposed to a night, OK?

22 A. Mm-hmm.

23 269 Q. What time did you leave at?

24 A. Oh, probably half past three, four o'clock, something like

25 that.

26 270 Q. And do you know whether Mr. Fitzsimmons and Mr. Corrigan

27 stayed on?

28 A. I can't recall, to be truthful.

29 271 Q. OK. So in fairness to him, I would have thought that that

30 isn't an issue of huge dispute between you?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 78

1 A. No, no, but it was a lunchtime, it was a late lunchtime,

2 yes.

3 272 Q. Yes. I suppose what Mr. Corrigan is stating, first of all,

4 is that he wasn't introduced to you, that you were just

5 identified by Brian Fitzsimons?

6 A. Well that is not true. I mean, Mr. Corrigan gave me his

7 card. I have turned high and low to see if I can still --

8 if I still happen to have the card but I haven't been able

9 to turn it up.

10 273 Q. I will come on to that in due course, Mr. Ryder. One of

11 the things that Mr. Corrigan will say when he comes to give

12 evidence is that he was told by Brian Fitzsimons that you

13 were very close to MI5. Were you close to MI5 at that

14 time?

15 A. No, I didn't know a soul in MI5. And that was an

16 allegation that was regularly made against me by people of

17 a Republican disposition. But someone as senior as Brian

18 Fitzsimons in the Special Branch and other police officers

19 would never have said that because they would have known it

20 was untrue. I had been approached many years earlier by

21 someone who said that MI5 would be interested in talking to

22 me and I made it very clear that I had no interest in

23 talking to them, least of all becoming a source for them.

24 And never again was that sort of approach made to me.

25 274 Q. Mr. Corrigan also states in respect of the, what is called

26 the restroom or the toilet encounter, that is where you say

27 Mr. Corrigan was in the toilet and you went in after him,

28 isn't that correct?

29 A. I can't remember. I remember the conversation.

30 275 Q. He says that what you say never happened. He says that he

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 79

1 did not have a card with a Garda crest on it and he says

2 the RUC had such cards but not members of An Garda

3 Siochana.

4 A. Well, my honest recollection is that he gave me a card with

5 phone numbers on it and that there was a Garda crest and he

6 was described on it as 'Detective Sergeant Owen Corrigan'.

7 And it was because of that encounter and the fact that he

8 gave me his card that I remembered his name. And for him

9 to say that he wasn't introduced to me is totally

10 incorrect.

11 276 Q. Well, I suppose in fairness to both of you, it was a long

12 time ago?

13 A. It is a long time ago but because it was such -- it was an

14 encounter that was so memorable to me because of the fact

15 that he asked me for money, that it stuck in my head, and I

16 remembered his name because of that.

17 277 Q. Well, my instructions are he denies that, and you say it

18 happened?

19 A. Well then the Tribunal can decide in the balance whether my

20 evidence is credible enough for him to accept it or whether

21 they prefer Mr. Corrigan's denial.

22 278 Q. OK. Well, I suppose, unlike most issues that this Tribunal

23 has to deal with, that issue is not an issue of huge

24 significance?

25 A. No, it's not of huge significance, that's right.

26 279 Q. Now, you mentioned in your evidence, and I find it very

27 interesting, you stated in respect of something else, you

28 said once a rumour started it took on a life of its own.

29 Now, obviously, during the Troubles very many rumours

30 started about people or about events and they gathered

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 80

1 traction, such as the suggestion there that you were

2 associated with MI5?

3 A. Yes, that is quite right.

4 280 Q. So isn't it the case that in Northern Ireland, during this

5 period, rumours were put about about people that were

6 completely false?

7 A. There is no doubt about that, that is correct, that is

8 true. But the fact that there were unfounded rumours

9 flying about doesn't detract from the overall picture of

10 the frustrations on the British side about the lack of

11 security cooperation, the difficulties that they

12 encountered over from extradition, over activities on the

13 southern side designed to interdict IRA operations. You

14 know, that is part of the political landscape, the security

15 landscape that prevailed all through the Troubles period.

16 You know, allegations about moles and all these other

17 things were really only parts of that picture. The overall

18 picture remains that there was difficulties, there was

19 wariness, suspicion, all those things.

20 281 Q. Yes, and my client doesn't dispute what you say there,

21 Mr. Ryder, because another note he gave my solicitor in

22 respect of your statement was as follows, and I should read

23 this out because it accords with a lot of what you said:

24 He says: "There was a mutual distrust on both sides with

25 security forces and he, Owen Corrigan, was not encouraged

26 by Headquarters to be mixing with the RUC. The RUC was

27 bitter towards the guards and vice versa. Owen Corrigan

28 confined his association with the RUC to a few individuals

29 he could trust in An Garda Siochana." So that doesn't

30 necessarily --

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 81

1 A. I can't contradict there that or confirm it. I mean, I

2 didn't have any more dealings with Mr. Corrigan other than

3 the one occasion on which I met him?

4 282 Q. Have you ever, in your extensive career, encountered a

5 member of An Garda Siochana with RUC officers of such a

6 high level in a social environment in Belfast or anywhere

7 else in Northern Ireland?

8 A. Yes, on occasion. There might have been the odd retirement

9 function or something of that sort.

10 283 Q. But this was an afternoon in 1974, '75, '76?

11 A. Yes.

12 284 Q. It was a difficult time. Was it usual for members of An

13 Garda Siochana to be up with members of the RUC in Belfast

14 at that time?

15 A. I know there were occasional meetings. I mean, you know,

16 sometimes when I would have been going in and out of places

17 I might have seen people arriving or going to meetings or I

18 might have heard afterwards that there was a meeting with

19 the Garda or something. Like, that but that was the only

20 occasion I can recall when I sort of bumped into a

21 Garda/RUC contact, if you like.

22 285 Q. Well, extensive evidence has been given about Mr. Corrigan

23 being quite close to Brian Fitzsimons and the RUC and he

24 will say, he has given evidence already but he will say

25 again in the future, that he actively worked with the RUC

26 in terms of giving intelligence on the IRA?

27 A. Well, you know, I can't contradict that, nor can I confirm

28 it because I don't have any knowledge.

29 286 Q. Your book "A Force Under Fire", that was published in 1989,

30 isn't that correct?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 82

1 A. That's correct.

2 287 Q. Did it deal in any respect, and I apologise I haven't read

3 it, did it deal in any respect with the murders of Chief

4 Superintendent Breen and Superintendent Buchanan?

5 A. No, I think that the book was written and finished before.

6 288 Q. OK. And you confirmed to Mr. Valentine that you were close

7 to Harry Breen; you knew Harry Breen, isn't that so?

8 A. I wouldn't say I was close to him. I knew him. I mean, I

9 had met him on a couple of occasions and I had met him on a

10 number of occasions at scenes of incidents.

11 289 Q. And he never suggested to you that he was fearful of Owen

12 Corrigan as a member of the --

13 A. No, no, he never specifically mentioned Owen Corrigan to me

14 at all.

15 290 Q. Yes. OK. Were you aware or did you cover the extradition

16 of Dominic McGlinchey to Northern Ireland?

17 A. Yes, I did.

18 291 Q. That was quite a significant event for a variety of

19 reasons?

20 A. It was, yes.

21 292 Q. Wasn't it?

22 A. Yes, it was a very significant event, yes.

23 293 Q. Do you know, Owen Corrigan has given evidence about this,

24 that he was asked to be the member of An Garda Siochana to

25 physically hand over McGlinchey?

26 A. Yes.

27 294 Q. Were you aware of that, sir?

28 A. Not until afterwards. I mean I was there when the handover

29 took place and it was an incredible scrambling match with

30 protesters and the Garda and RUC and whatever and I wasn't

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 83

1 very close to that, the actual handover, but I do think

2 that afterwards, this is just coming back to me now, I

3 think afterwards somebody said to me that Owen Corrigan had

4 been the man who was, the Garda officer who physically

5 handed over McGlinchey.

6 295 Q. Were you aware that after he did that there was a campaign

7 launched against him by provisionals and members of the

8 INLA in Dundalk?

9 A. No, I am not aware of that but it doesn't surprise me.

10 296 Q. You weren't aware that posters of Owen Corrigan were put up

11 around saying 'wanted for treason'?

12 A. No, I don't think so.

13 297 Q. And you weren't aware that himself and his wife were

14 assaulted one evening when they were out socially?

15 A. No, I wasn't aware of that.

16 298 Q. Just finally, sir, when were you asked to give evidence to

17 the Tribunal here, or did you proffer yourself as a witness

18 to the Tribunal?

19 A. No, no, Mr. McBurney contacted me and asked me if I had any

20 information that might be of use.

21 299 Q. OK. And Mr. McBurney is the solicitor?

22 A. The solicitor for the Breen family.

23 300 Q. Thanks very much, Mr. Ryder.

24

25 THE WITNESS WAS CROSS-EXAMINED BY MR. COFFEY AS FOLLOWS:

26

27 CHAIRMAN: We will finish this before 3:00?

28

29 MR. VALENTINE: The situation was, because of Brigadier

30 Liles' flight arrangements, he would need to start giving

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 84

1 evidence by 3:00 at the latest. I think we should be OK.

2

3 MR. COFFEY: I will be brief. I am mindful of the time

4 considerations.

5 301 Q. Mr. Ryder, I appear for retired Sergeant Colton and I want

6 to ask a number of brief questions. First of all, how long

7 are you retired?

8 A. Probably seven, six, seven years.

9 302 Q. Six, seven years?

10 A. Yes. I still do some work but I don't work full-time.

11 303 Q. During your working life as a journalist, did you maintain

12 an archive?

13 A. To some extent, but I disposed of a lot of it two years

14 ago.

15 304 Q. Did you ever write about the particular murders the subject

16 matter of this Tribunal?

17 A. I don't recall. I really don't recall. I mean, I don't

18 have an archive. I don't have a cuttings book.

19 305 Q. I think you are due to come back to give evidence on

20 another occasion, isn't that correct?

21 A. Yes, I think that is the plan, yes.

22 306 Q. Yes. And I --

23 A. I mean, I think that the murders took place after my book

24 had gone to press but before it was published or around

25 about the same time, and I don't think they are mentioned

26 in that book but I can check to see if they are mentioned

27 in any of the other books, but I certainly don't have any

28 cuttings or anything of that sort, and this period was

29 before electronic archives were available so it's more

30 difficult to check back.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 85

1 307 Q. Well, even before electronic, there was newspapers kept,

2 albums of cuttings and indeed, full editions of their

3 newspapers, isn't that correct?

4 A. Yes, but I don't have access to those. I mean, if I had

5 written for that it would have been in The Sunday Times or

6 the Daily Telegraph, the only archives of those would be in

7 London.

8 308 Q. I must suggest to you that most newspapers, if not every

9 newspaper and every media organisation by now has committed

10 its archives into electronic form?

11 A. That may be, yes.

12 309 Q. And I must suggest to you if you wanted to check out any

13 articles that you may have written, that that would be

14 readily available to you as a recognised and a very

15 established former employee -

16 A. I mean it would be if I had the reason to do it, yes.

17 310 Q. Well, from your own memory, can you recall writing

18 specifically either in The Times or the Telegraph or any

19 other media about these two murders?

20 A. Yes, I probably reported the Breen/Buchanan murders the day

21 after for the Daily Telegraph.

22 311 Q. That would be, am I correct, a factual account?

23 A. Yes, that is all it would have been, yes.

24 312 Q. Yes. Well, as regards a background piece or analytical

25 piece, can you recall ever writing?

26 A. No, I don't recall writing anything.

27 313 Q. And you would be one of the most distinguished and longest

28 serving journalist, someone like you, David McKittrick,

29 Eamon Malley, you have seen the Troubles from almost the

30 inception right up until almost the present day?

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 86

1 A. Yes, that's correct.

2 314 Q. Others like Jeremy Paxman, Simon Jenkins, came and went?

3 A. Yes.

4 315 Q. And I must suggest to, Mr. Ryder, that you would have been

5 one of the people who would have been best informed on this

6 background of the murders and any other aspects relating to

7 the murders?

8 A. Yeah, well I have given evidence about the extent of my

9 knowledge of the situation.

10 316 Q. Yes, but you would have had a lot of information, you would

11 have been familiar with the broader picture of Northern

12 Ireland and also --

13 A. I thought that my evidence earlier covered that quite

14 comprehensively.

15 317 Q. Yes. And then focusing that background knowledge into the

16 specific incident of the two RUC men who were murdered, the

17 subject matter of this Tribunal, is it not very unusual

18 that you couldn't write a piece, or didn't write a piece

19 about anything relating to the Tribunal in terms of alleged

20 collusion?

21 A. It's not unusual at all. You know, first of all I would

22 found it very difficult to write pieces that were just

23 based on rumours; there would have had to be some reason

24 for it. I haven't been writing on a regular basis for six

25 or seven years. For example, I wouldn't have covered this

26 tribunal or any other tribunals. I write very occasional

27 pieces now and do some broadcasting.

28 318 Q. But these murders were very high profile incidents, weren't

29 they?

30 A. Yeah, well I mean it's quite possible I wrote -- I

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 87

1 certainly would have written about them at the time.

2 319 Q. I am suggesting to you, Mr. Ryder, that if there were

3 rumours about Garda collusion in or about '89, at the time

4 of the murders, or shortly thereafter or a year or three

5 years thereafter, that that would have been a matter of

6 extreme interest to somebody like you with your intense

7 knowledge and interest in northern affairs?

8 A. Well, it was of interest to me, and I have given evidence

9 to the Tribunal about the extent of my knowledge about the

10 way that I see it fitting against the backdrop, the

11 landscape of cross-border cooperation, all those other

12 things. You know, I really can't help you any further than

13 that.

14 320 Q. With respect, Mr. Ryder, you have given no specific

15 evidence here today about these two murders.

16 A. But I don't have any specific evidence about the two

17 murders. I mean, I know as much about them as a man who is

18 50 miles away. I was in Belfast and was told there had

19 been a shooting on the border. I remember getting into my

20 car and driving down and then discovering from a mobile

21 telephone at the scene that it was two senior RUC officers.

22 I didn't know the names of them for some hours after that.

23 321 Q. I am suggesting to you that if there was any substance or

24 currency about collusion in 1989, 1990, '92, 94, that that

25 would have been of interest to you and journalists like

26 you --

27 A. Well, it was of interest to me and I have given evidence

28 this morning about the way that I saw the picture as I saw

29 it, the way that I interpreted that picture. But, you

30 know, I didn't, to my recollection, write anything

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 88

1 specifically about Garda moles or collusion or things of

2 that sort because I don't have any firm, direct knowledge

3 of that. I may have reflected those rumours in a balanced

4 way in something I have written, but over the years, God

5 knows how many words I have written, I can't remember them

6 all.

7 322 Q. Specifically --

8 A. And I don't have an archive.

9 323 Q. Specifically about these two murders, Mr. Ryder, and again,

10 I must repeat, your inability to point to a particular

11 article or articles is indicative of a lack of any

12 substance to any allegations or rumours about collusion?

13 A. If you are so concerned about what I wrote, why don't you

14 research my articles and I will happily answer any

15 questions that you produce when I come back again the next

16 time.

17 324 Q. Mr. Ryder, you are the person who is presenting yourself

18 here as an expert?

19 A. I am not. I was asked to give evidence and help the

20 Tribunal, that is what I am trying to do to the best of my

21 honest ability.

22 325 Q. Is it possible that you can check out your --

23 A. No, it's not possible because I don't possess any archive

24 whatsoever.

25 326 Q. And you are not willing to do that?

26 A. I am not, because I don't think that anything that -- you

27 know, if you raise a specific concern with me about

28 something I have written, I am happy to deal with it. But

29 I do not have the resources or the time and I am not in the

30 best of health and I don't really have the capacity to go

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 89

1 and begin to research things for your convenience, if I may

2 put it that way politely.

3 327 Q. And in conclusion, then, you have nothing to say direct or

4 indirect regarding these murders; you know nothing about

5 them other than --

6 A. I have given --

7 328 Q. The murders --

8 A. -- assistance to the Tribunal to the fullest extent of my

9 knowledge and experience. You know, I can't go beyond

10 that. I am not going to speculate about things I don't

11 know anything about, and I am certainly not going to give

12 currency to rumours or allegations to which I know -- of

13 which I know nothing and which I have never investigated or

14 checked out.

15 329 Q. And clearly you didn't check anything out about rumours of

16 collusion?

17 A. I don't know what the point of this is.

18 330 Q. Can we take it that you didn't check out any, you

19 personally, you did not check out any suggestion of

20 collusion or Garda involvement in the murder of these two

21 men, you yourself?

22 A. I certainly was interested in that but --

23 331 Q. But you yourself --

24 A. I spoke to various people about it over the years. I was

25 party to conversations where it was discussed. I was aware

26 of all these rumours. But I heard nothing or discovered

27 nothing that was firm enough or hard enough or factual

28 enough for me to write anything about it. And that would

29 be the test: could I add to this story or add something

30 new to it beyond just giving currency to rumours? And, to

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 90

1 the best of my recollection, I found out nothing that

2 justified writing anything more than that.

3 332 Q. And can I take it that these rumours were one of many other

4 rumours that --

5 A. Of course there were rumours about everything and everybody

6 and it was a very difficult job for a journalist like me to

7 distill truth from all these rumours and the claims and

8 counterclaims that went on.

9 333 Q. Did you ever hear a rumour, investigate the rumour,

10 establish that the substance of the rumour was correct and

11 then proceed to write an article?

12 A. I wrote many articles about many things, some of which

13 would have been based on something somebody said to me or

14 some suspicion voiced to me.

15 334 Q. And that you carried out investigations and research and

16 established the substance of the rumour or the conversation

17 as being accurate?

18 A. Yes, that was the essence of journalism.

19 335 Q. And you did that on many occasions?

20 A. Yes, on many occasions when the evidence justified it, but

21 there were many occasions when one attempted to tease

22 things out and found that either one couldn't get specific

23 information or just that it was untrue and then it was

24 forgotten about.

25 336 Q. And I am suggesting, again, Mr. Ryder, that the absence of

26 any articles that you can recall is indicative that there

27 was no substance to anything that you heard good, bad or

28 indifferent about these two murders?

29 A. I never claimed to have any information about the two

30 murders.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 91

1

2 CHAIRMAN: Any questions from any other party?

3

4 MS. O'SULLIVAN: No questions.

5

6 MR. VALENTINE: Just a few short questions, Chairman.

7

8 THE WITNESS WAS RE-EXAMINED BY MR. VALENTINE AS FOLLOWS:

9

10 MR. VALENTINE: We will comfortably finish, Mr. Ryder.

11 First, Mr. Ryder, just to follow up on Mr. O'Callaghan's

12 final question. He asked you when you first contacted the

13 Tribunal and you explained that Mr. McBurney contacted you,

14 but in fact we didn't actually -- you didn't address the

15 question which is when you first had contact with the

16 Tribunal counsel, just for the record, that question was

17 asked

18 A. Yes, sometime after I spoke to Mr. McBurney and yourself

19 and Justin Dillon asked to meet me in Belfast and we had a

20 conversation and as a result of that, my statement was

21 drawn up.

22 337 Q. And can you give the date of that meeting you had with

23 myself and Mr. Dillon?

24 A. It probably was about the beginning of November. I think

25 the statement is date about 16th November.

26 338 Q. The statement is dated the 16th?

27 A. Which was three days after that.

28 339 Q. And you can confirm you had no contact with the Tribunal

29 before the meeting in Belfast?

30 A. Absolutely not except for the conversation with

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 92

1 Mr. McBurney.

2 340 Q. And you can confirm Mr. McBurney contacted you for the

3 first time approximately how long ago?

4 A. Probably a couple of weeks before that.

5 341 Q. That is just for the record. Mr. O'Callaghan also asked

6 you whether you had heard it claimed that technical

7 information was available which suggested that a phone call

8 had been made from Dundalk Station. You said you had, and

9 I just want to clarify whether what you heard was that the

10 phone call had been made or whether it was that you heard

11 that there was technical information available to establish

12 that a phone call had been made?

13 A. No, I think the story was that there was a phone call had

14 been made or that the car had been followed or things --

15 you know, that there was an intercept or something. You

16 know, it was one of a number of spurious or varied theories

17 about how it had been targeted.

18 342 Q. But just to be absolutely clear, did you at any point hear

19 from any RUC officer or anyone else that there was

20 technical information available which would confirm that a

21 phone call had been made?

22 A. No, no.

23 343 Q. In relation to Mr. Harnden, I am sure Mr. Harnden is well

24 able to speak for himself, but what are your impressions of

25 him as a journalist?

26 A. Mr. Harnden?

27 344 Q. Yes.

28 A. I don't know him very well at all. He joined the Daily

29 Telegraph while I worked there but I was based in Belfast,

30 he was based in London, and after I left the Daily

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 93

1 Telegraph in 1993, he came over here to Ireland to replace

2 me and I just had one sort of brief conversation with him

3 when he arrived, and then after that I would just have met

4 him occasionally. I didn't mix with him socially or

5 anything of that sort. We might have been out on a story

6 together or something and might just pass the time of day

7 with him. I wasn't a close friend of his, and in fact I

8 didn't even know he was writing his book until it came out.

9 345 Q. And your impressions of the book? I think in fairness to

10 you, you said you didn't read it in full?

11 A. I don't think I read the book fully, I think I just skimmed

12 through it.

13 346 Q. And you didn't form any particular impression one way or

14 the other?

15 A. I don't think it would be fair to say I had any impression

16 of the book because that would have been some time ago when

17 the book came out and I don't recall.

18 347 Q. In response to a question again from Mr. O'Callaghan, you

19 indicated that on one occasion MI5 had tried to recruit you

20 as a source, effectively?

21 A. Yes.

22 348 Q. Did you ever hear anything about MI5, or the RUC for that

23 matter, ever trying to recruit sources within the south,

24 and in particular within An Garda Siochana?

25 A. There was a case in about 1973 of a Garda officer at

26 Headquarters in here who was -- I just can't recall his

27 name -- but he had been, he had been exposed as having been

28 assisting the British security services and there were

29 always rumours after that then that the British Security

30 Service had people in the Republic. Indeed I know of a

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 94

1 senior Scotland Yard officer who claimed to have sources in

2 the Republic and who travelled to the Republic incognito to

3 meet these sources.

4 349 Q. And would these be sources who were paid money or were --

5 A. I really don't know, but I would speculate they must have

6 been.

7 350 Q. And did you ever hear of the RUC Special Branch having

8 sources within An Garda Siochana?

9 A. Not specifically. You know, you would have heard all sorts

10 of rumours, you know, but that all sort of became James

11 Bond-ey stuff and I tend to discount it.

12 351 Q. Very good. I think when you were speaking about, I

13 suppose, the public relations exercise that the RUC

14 performed in their public pronouncements and you made the

15 statement that some of the evidence given to this Tribunal

16 made your eyebrows rise. What evidence was that?

17 A. I think it was more evidence not from the RUC; it was some

18 of the evidence from I think John O'Donoghue, the minister,

19 didn't strike me as being a very credible witness; I

20 thought that there was a distinct sound of hand-washing,

21 hand-wringing going on, from what I read of his evidence.

22 352 Q. Was there anything specific that made your eyebrows rise in

23 relation to his evidence?

24 A. I just don't recall, but you know, the way he said -- I

25 think the thing is that he was so dismissive of the fact

26 that there could even have been collusion or a mole or

27 anything, you know, which I don't think was appropriate for

28 the Justice -- ex Justice Minister. You know, I would have

29 thought that something of that sort should have been taken

30 seriously and tunnelled down to its very roots to prove it

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 95

1 or disprove it. He just seemed so offhand about it.

2 353 Q. Very good. Thank you very much for attending and thank you

3 for agreeing to return on another occasion.

4 A. There is just one other point, Mr. Chairman. This morning

5 I wrote down the name of a police officer for you. I

6 was -- that was rather sprung on me and, on reflection, I

7 am not a hundred percent sure that I could stand over the

8 name of the police officer.

9

10 CHAIRMAN: Yes.

11 A. I do recall a conversation, and I am 99 percent sure it was

12 in Monaghan, at which a Garda officer said to me that, you

13 know, we sometimes have to be circumspect within our own

14 organisation about how we handle things and do things.

15 But, on reflection, I couldn't stand over the name of that

16 officer as being the man --

17

18 CHAIRMAN: Very well. Thank you very much

19 A. -- that I had the conversation with. So, just to be fair

20 to him, on reflection, I don't think I could completely

21 stand over his name, but I do recall that I had a

22 conversation of that sort in Monaghan.

23

24 CHAIRMAN: You may recall as time moves.

25 A. Yes, well as times moves on and if I can help you further

26 on that, I will come back to it.

27

28 CHAIRMAN: Thank you very much. I am very grateful to you

29 for your help to the Tribunal, it's much appreciate. Thank

30 you very much indeed.

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 96

1

2 THE WITNESS THEN WITHDREW.

3

4 MR. VALENTINE: Chairman, just before Mr. Hayes takes up

5 the next witness, just two things that I want to state for

6 the record arising from Mr. Ryder evidence. The first is

7 that Mr. Jim McCann was on notice of Mr. Ryder's intended

8 evidence in relation to him.

9

10 And the second thing is, Mr. Fulton's name arose in

11 cross-examination -- under cross-examination by

12 Mr. O'Callaghan. Mr. Fulton wasn't on notice, obviously,

13 that Mr. Ryder would give any evidence in relation to him

14 because there was nothing in his statement and no such

15 evidence was led, but Mr. Fulton's solicitor is on notice

16 that at this stage of the public hearings we cannot foresee

17 whether or not his client's name may come up in

18 cross-examination and he is on notice that for that reason

19 we can't eliminate the possibility that his name will come

20 up in cross-examination at any of the public hearings.

21

22 MR. HAYES: Chairman, the next witness is a witness in

23 respect of whom you directed this evidence should be heard

24 in a private sitting.

25

26 THE TRIBUNAL THEN WENT INTO PRIVATE SESSION.

27

28 29

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 1

' 6 admit [1] - 46:10 ambushes [1] - 60:10 armies [1] - 9:7 admitted [1] - 13:9 America [2] - 25:21, armoured [1] - 7:19 '74 [1] - 17:17 6 [2] - 17:17, 17:27 adopted [2] - 62:30, 65:7 25:29 arms [1] - 25:22 '75 [1] - 81:10 advance [3] - 12:2, 25:19, American [3] - 20:26, Army [9] - 9:26, 10:11, '76 [1] - 81:10 8 65:22 21:1, 21:21 12:19, 33:26, 38:8, '78 [1] - 17:19 aerials [1] - 23:6 amount [4] - 5:6, 35:24, 42:17, 49:5, 54:28 8TH [1] - 1:1 '87 [1] - 29:17 aeroplanes [1] - 25:30 61:21, 66:26 army [43] - 7:16, 7:20, '88 [1] - 29:18 affairs [2] - 39:14, 87:7 analyse [1] - 16:1 7:22, 9:18, 10:2, 10:7, '89 [2] - 29:19, 87:3 9 affected [1] - 11:26 analysed [1] - 40:1 11:20, 20:29, 21:4, '92 [1] - 87:24 94 [1] - 87:24 afraid [2] - 52:6, 68:12 analysis [1] - 40:25 25:7, 26:7, 27:11, 30:1, [1] 'death - 31:3 99 [1] - 95:11 AFTER [1] - 54:1 analytical [1] - 85:24 30:5, 31:3, 38:2, 38:4, 'Detective [1] - 79:6 aftermath [5] - 15:29, Anderson [3] - 65:28, 38:13, 38:25, 38:27, 'he [1] - 77:14 A 26:18, 33:27, 34:20, 66:11, 67:8 39:8, 39:28, 40:10, 'methodology' [1] - 22:18 48:29 Andersonstown [2] - 40:13, 44:30, 45:2, 'wanted [1] - 83:11 ability [1] - 88:21 afternoon [12] - 18:22, 26:9, 27:12 45:5, 54:21, 55:14, able [14] - 15:18, 22:23, 18:26, 18:30, 30:2, Anglo [14] - 9:17, 9:19, 58:23, 59:19, 59:22, 1 25:18, 25:19, 31:24, 30:28, 41:21, 52:16, 9:25, 20:21, 32:11, 60:26, 60:30, 61:6, 31:28, 55:8, 58:5, 59:3, 52:22, 53:12, 63:18, 32:13, 33:8, 33:10, 61:12, 61:16, 62:25, 14 [3] - 22:28, 23:27, 61:14, 70:19, 72:9, 75:24, 81:10 33:13, 34:20, 34:23, 63:3 57:26 78:8, 92:24 afternoon's [1] - 52:14 34:26, 41:1, 41:8 army-to-army [1] - 11:20 15th [1] - 72:10 abreast [1] - 67:19 afterwards [5] - 52:25, Anglo-Irish [10] - 9:17, arose [6] - 3:11, 3:14, 16th [2] - 91:25, 91:26 absence [2] - 10:1, 90:25 81:18, 82:28, 83:2, 83:3 9:19, 9:25, 32:11, 48:10, 58:29, 61:30, 18 [1] - 2:19 absolutely [7] - 11:19, agencies [2] - 39:23, 42:8 32:13, 33:8, 33:10, 96:10 1960s [1] - 3:24 43:4, 43:17, 48:7, 72:3, agency [1] - 11:18 33:13, 34:23, 34:26 arrangement [1] - 21:23 1970s [4] - 16:27, 63:23, 91:30, 92:18 agent [1] - 30:27 annex [1] - 39:22 arrangements [5] - 30:16, 73:9, 73:24 abuse [2] - 44:22, 44:23 aggressive [2] - 6:15, 9:1 answer [2] - 41:17, 88:14 30:21, 34:6, 54:9, 83:30 1972 [1] - 2:19 accept [6] - 21:22, 46:23, agitated [1] - 35:6 antennae [1] - 23:6 arrived [3] - 17:3, 20:14, 1973 [1] - 93:25 50:20, 60:29, 61:4, ago [6] - 5:10, 79:12, anticipate [1] - 54:10 93:3 1974 [2] - 32:15, 81:10 79:20 79:13, 84:14, 92:3, anxious [1] - 47:29 arriving [1] - 81:17 1978 [5] - 16:29, 73:30, accepted [1] - 50:4 93:16 anyway [1] - 18:8 article [9] - 3:18, 26:30, 74:17, 74:18, 74:19 access [3] - 24:20, 40:7, agree [9] - 34:14, 43:28, apologise [1] - 82:2 50:3, 64:28, 65:3, 1980s [7] - 9:4, 9:6, 85:4 63:22, 68:2, 71:8, appear [5] - 8:8, 41:22, 65:30, 67:24, 88:11, 63:24, 64:19, 64:20, accident [1] - 44:29 71:30, 72:16, 75:21, 62:12, 63:18, 84:5 90:11 73:9, 73:24 accompany [1] - 7:16 76:13 appeared [2] - 42:21, articles [8] - 3:13, 5:11, 1985 [2] - 21:29 accompanying [1] - 7:19 agreed [2] - 2:10, 30:12 59:8 69:29, 85:13, 88:11, 1988 [1] - 2:22 accords [1] - 80:23 agreeing [1] - 95:3 appearing [1] - 52:9 88:14, 90:12, 90:26 1989 [4] - 3:6, 34:1, account [3] - 59:9, 67:23, Agreement [17] - 9:17, application [2] - 52:15, AS [8] - 1:2, 2:2, 41:19, 81:29, 87:24 85:22 9:19, 9:22, 9:25, 20:21, 53:11 54:1, 54:4, 63:15, 1990 [2] - 2:29, 87:24 accountability [1] - 44:21 32:11, 32:13, 32:16, applied [1] - 6:20 83:25, 91:8 [3] 1993 - 2:23, 69:1, 93:1 accounts [2] - 5:4, 68:4 33:8, 33:10, 33:13, appointed [1] - 37:3 aspects [5] - 2:5, 2:9, [1] 2:25, 38:20, 86:6 1994 - 2:27 accuracy [1] - 72:29 34:20, 34:23, 34:25, appointments [1] - 37:6 [2] assaulted [1] - 83:14 1996 - 2:27, 2:29 accurate [2] - 66:16, 41:1, 41:9, 70:1 appreciate [4] - 43:25, 1998 [1] - 65:23 90:17 agreement [1] - 9:26 62:20, 70:27, 95:29 assertion [1] - 70:6 1999 [1] - 64:16 accusation [1] - 63:7 agrees [1] - 73:22 approach [3] - 8:26, assigned [1] - 62:29 acorn [2] - 69:15, 69:16 ahead [1] - 9:27 19:15, 78:24 assist [2] - 20:24, 22:10 2 acquiesced [1] - 6:26 aimed [1] - 49:11 approached [3] - 35:5, assistance [5] - 11:9, Act [1] - 32:24 air [1] - 60:8 67:14, 78:20 61:7, 75:4, 75:6, 89:8 2000 [2] - 64:16, 72:11 acted [1] - 43:23 aircraft [1] - 25:25 appropriate [2] - 40:28, Assistant [1] - 34:5 2002 [2] - 64:29, 65:15 action [8] - 6:11, 6:15, aircrafts [1] - 25:26 94:27 assisted [1] - 4:30 2011 [1] - 1:1 6:19, 7:1, 9:1, 11:7, airport [1] - 51:3 approved [2] - 6:26, 37:6 assisting [2] - 21:6, 93:28 21st [2] - 34:1, 34:17 31:20, 33:23 alarm [1] - 19:8 April [1] - 29:17 associate [1] - 75:26 25th [2] - 64:29, 65:15 actively [1] - 81:25 albums [1] - 85:2 archive [4] - 84:12, 84:18, associated [3] - 51:13, activities [11] - 2:25, 54:17, 80:2 3 alert [2] - 45:28, 58:11 88:8, 88:23 4:11, 5:12, 5:23, 6:16, alive [2] - 17:8, 52:1 archives [3] - 84:29, 85:6, association [1] - 80:28 assure [1] - 1:5 3:00 [3] - 54:10, 83:27, 12:7, 13:17, 32:30, allegation [5] - 54:17, 85:10 84:1 64:15, 68:12, 80:12 70:30, 76:4, 77:5, 78:16 area [12] - 14:28, 15:5, atrocities [3] - 12:22, activity [12] - 4:27, 6:6, allegations [4] - 20:7, 23:3, 24:21, 46:28, 29:6, 43:9 4 7:24, 8:4, 15:5, 23:27, 80:16, 88:12, 89:12 55:4, 56:4, 58:22, 59:9, atrocity [2] - 10:21, 51:29 32:29, 39:4, 59:8, 59:9, alleged [1] - 86:19 59:10, 62:30 attack [4] - 49:1, 59:26, 40 [2] - 2:16, 63:20 59:14, 60:18 allegedly [1] - 72:25 areas [6] - 3:4, 11:6, 59:29, 60:26 actual [3] - 32:17, 59:30, alley' [1] - 31:4 12:17, 42:14, 58:26, attacked [1] - 24:15 5 83:1 allow [1] - 21:3 62:16 attacking [1] - 63:12 adapt [2] - 25:16, 25:19 allowed [6] - 6:14, 23:2, arguing [1] - 43:3 attacks [5] - 9:5, 11:1, 5 [2] - 17:17, 17:27 add [2] - 89:29 23:4, 24:20, 25:6, 36:15 arise [2] - 16:13, 16:17 29:16, 51:9, 51:12 50 [1] - 87:18 address [1] - 91:14 almost [4] - 10:19, 49:4, arising [2] - 10:1, 96:6 attempt [3] - 50:18, adept [1] - 23:10 85:29, 85:30 Armagh [3] - 15:2, 46:28, 51:17, 77:14 ADJOURNED [1] - 53:16 ambush [3] - 30:19, 60:4 attempted [3] - 11:20, admission [1] - 31:26 70:12, 76:30 armed [1] - 21:7 49:16, 90:21

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 2 attempting [1] - 48:30 basis [7] - 6:13, 16:17, bitter [1] - 80:27 42:6, 42:13, 43:21, C attend [1] - 52:10 19:28, 33:18, 46:18, black [2] - 45:25, 45:29 44:14, 74:4, 74:11, attending [1] - 95:2 76:23, 86:24 Blair [1] - 12:8 78:18, 94:7 cabinet [1] - 37:7 attention [4] - 3:19, 5:27, battle [3] - 23:14, 32:21, blast [1] - 16:30 brave [1] - 27:21 camera [1] - 58:7 13:24, 72:8 33:7 blind [1] - 56:12 break [1] - 51:20 cameras [2] - 24:9, 58:3 attic [1] - 26:8 BE [1] - 54:3 blocked [1] - 23:18 Breen [16] - 27:15, 27:16, campaign [5] - 6:8, 15:1, attitude [2] - 6:29, 21:17 beam [1] - 23:4 blown [2] - 17:19, 17:24 27:17, 27:19, 29:18, 25:15, 33:16, 83:6 August [1] - 65:23 became [3] - 25:17, boards [1] - 5:15 33:27, 35:14, 36:3, cannot [3] - 70:18, 76:13, authorise [1] - 41:5 32:14, 94:10 bob [2] - 19:6, 75:8 36:21, 36:22, 47:23, 96:16 authoritative [3] - 26:29, become [3] - 46:21, Bob [2] - 27:18, 47:23 69:18, 82:4, 82:7, 83:22 capabilities [2] - 22:15, 27:10, 27:13 62:30, 64:12 bomb [20] - 4:14, 5:18, Breen/Buchanan [2] - 22:24 authoritatively [1] - 70:25 becoming [1] - 78:23 5:22, 10:24, 11:21, 26:17, 85:20 capability [2] - 56:21, authorities [8] - 5:19, 6:5, beef [3] - 20:22, 20:23, 11:22, 23:15, 23:20, Brian [13] - 18:9, 18:15, 56:30 6:7, 7:9, 10:29, 22:14, 21:24 24:19, 25:20, 28:28, 20:12, 73:25, 74:19, capable [1] - 57:17 46:9, 53:5 BEEN [1] - 2:1 29:15, 48:27, 49:3, 75:24, 76:9, 77:11, capacity [20] - 22:9, authority [3] - 37:1, 37:4, beforehand [2] - 55:27, 49:4, 49:18, 59:27, 77:13, 78:5, 78:12, 22:25, 23:3, 23:7, 37:5 71:19 61:10, 61:12, 61:17 78:17, 81:23 23:11, 23:19, 24:18, Authority [1] - 2:27 began [4] - 19:8, 25:16, bomb-making [2] - 4:14, brief [5] - 41:4, 52:15, 24:26, 24:29, 25:1, available [8] - 53:5, 53:8, 26:19, 64:14 10:24 84:3, 84:6, 93:2 25:2, 25:11, 25:18, 70:22, 84:29, 85:14, begin [2] - 52:10, 89:1 bombed [1] - 24:16 briefings [1] - 9:13 26:1, 57:20, 57:23, 92:7, 92:11, 92:20 beginning [1] - 91:24 bombers [1] - 11:10 Brigade [2] - 58:20, 58:21 57:24, 57:30, 58:1, await [1] - 65:18 begun [1] - 3:21 bombing [3] - 49:7, 65:1, brigade [1] - 23:5 88:30 aware [39] - 3:25, 3:30, behalf [1] - 65:11 65:23 Brigadier [5] - 52:15, car [10] - 7:19, 7:21, 4:18, 12:2, 32:14, behaviour [1] - 75:25 bombs [12] - 5:17, 5:23, 52:30, 53:7, 54:8, 83:29 28:29, 30:10, 58:6, 36:10, 36:11, 40:17, behind [1] - 34:12 10:22, 23:10, 23:12, bring [3] - 31:28, 32:19, 58:7, 58:9, 70:14, 87:20, 92:14 42:2, 45:19, 46:15, Belfast [26] - 2:21, 4:20, 23:16, 23:18, 24:12, 72:8 46:19, 63:28, 64:2, 6:3, 6:9, 6:10, 6:29, 25:13, 55:8, 61:15 Brink's [1] - 29:8 card [6] - 19:5, 78:7, 78:8, 64:8, 64:12, 64:25, 16:22, 22:29, 22:30, Bond [2] - 57:29, 94:11 Brink's-MAT [1] - 29:8 79:1, 79:4, 79:8 66:3, 66:20, 67:13, 26:5, 26:10, 27:12, Bond-ey [2] - 57:29, bristled [1] - 23:6 cards [1] - 79:2 67:19, 69:19, 69:21, 30:4, 30:9, 30:13, 94:11 Britain [1] - 10:26 career [2] - 2:18, 81:4 70:4, 70:9, 70:11, 39:20, 39:21, 58:24, book [28] - 3:6, 3:9, British [32] - 5:19, 7:9, careful [3] - 38:11, 77:14, 70:20, 70:21, 73:24, 62:3, 74:4, 81:6, 81:13, 24:19, 26:11, 27:14, 8:28, 9:7, 9:26, 10:11, 77:15 76:28, 77:1, 82:15, 87:18, 91:19, 91:29, 64:5, 66:28, 69:12, 10:19, 11:4, 11:17, carefully [2] - 43:23, 60:8 82:27, 83:6, 83:9, 92:29 69:17, 69:22, 69:24, 12:19, 20:21, 21:8, carried [8] - 7:18, 28:26, 83:10, 83:13, 83:15, Belfast-Dublin [2] - 69:26, 70:5, 70:10, 21:16, 21:21, 21:27, 29:6, 31:27, 33:4, 35:2, 89:25 22:29, 22:30 70:11, 71:20, 71:22, 22:14, 23:15, 26:5, 41:6, 90:15 awful [2] - 57:7, 61:29 belief [1] - 67:2 72:17, 81:29, 82:5, 33:14, 33:25, 33:26, cars [4] - 7:19, 57:27, axe [1] - 45:22 beliefs [1] - 46:21 84:18, 84:23, 84:26, 38:8, 39:23, 42:17, 58:4, 58:5 axis [4] - 15:4, 31:10, believes [1] - 68:27 93:8, 93:9, 93:11, 49:5, 54:28, 61:12, case [10] - 11:23, 12:5, 35:9, 36:10 bells [1] - 19:8 93:16, 93:17 65:21, 80:10, 93:28, 34:30, 37:18, 44:17, beside [1] - 7:28 booked [4] - 30:27, 93:29 49:20, 49:21, 54:11, 80:4, 93:25 B best [7] - 16:21, 20:11, 50:13, 50:16, 50:17 broadcasting [1] - 86:27 48:8, 86:5, 88:20, books [5] - 2:24, 63:29, broader [1] - 86:11 cases [3] - 6:12, 10:24, backdrop [2] - 33:15, 88:30, 90:1 64:1, 64:2, 84:27 brought [2] - 32:16, 32:24 43:7 87:10 betrayal [1] - 50:21 border [58] - 7:4, 7:7, Buchanan [9] - 27:15, cast [1] - 72:29 backed [2] - 6:11, 8:30 betrayed [5] - 29:25, 7:10, 7:11, 7:18, 7:20, 27:18, 29:18, 33:27, Castle [2] - 39:22 background [5] - 39:15, 30:17, 30:19, 50:11, 8:9, 9:6, 9:19, 9:27, 35:14, 36:3, 47:23, Castlebellingham [1] - 41:8, 85:24, 86:6, 86:15 50:25 9:28, 10:13, 10:20, 69:18, 82:4 48:28 backgrounds [1] - 40:25 better [2] - 33:16, 74:13 10:30, 11:2, 11:4, 11:7, buffer [3] - 37:1, 37:20, Castleblayney [1] - 6:17 backwards [2] - 20:20, between [24] - 8:9, 8:14, 11:8, 11:24, 12:6, 37:22 casts [1] - 72:16 28:22 11:16, 11:17, 11:22, 12:18, 16:4, 20:22, buffers [1] - 37:16 caught [1] - 28:30 bad [2] - 16:2, 90:27 11:24, 11:27, 12:25, 20:23, 21:14, 21:30, building [3] - 21:30, caused [3] - 22:18, 47:9, bail [2] - 3:25, 3:30 12:26, 15:3, 23:15, 22:6, 26:16, 29:7, 33:1, 33:14, 45:8 61:26 balance [1] - 79:19 32:17, 33:18, 33:21, 33:15, 33:19, 33:21, built [2] - 9:27, 24:13 cautious [1] - 12:1 balanced [2] - 45:18, 88:3 39:27, 40:12, 42:7, 35:16, 47:1, 47:20, bump [1] - 58:6 CB [3] - 25:2, 25:9, 57:1 Bandit [4] - 69:12, 69:16, 42:15, 55:17, 64:30, 48:28, 54:21, 54:22, bumped [2] - 28:4, 81:20 ceasefire [2] - 63:28, 69:17, 70:5 73:10, 73:15, 73:23, 54:27, 55:3, 55:4, buried [1] - 52:7 64:17 bar [3] - 18:20, 52:7, 77:30 55:15, 55:17, 57:25, bury [1] - 25:20 centrally [1] - 63:30 77:12 beyond [4] - 50:11, 59:19, 59:30, 60:12, business [2] - 3:14, 75:30 centred [2] - 23:28 base [4] - 23:27, 62:7, 76:17, 89:9, 89:30 60:22, 60:24, 60:27, businessman [1] - 3:15 certain [8] - 3:12, 14:24, 62:8, 66:10 bid [1] - 32:24 61:21, 61:27, 62:17, but.. [1] - 73:5 14:25, 15:12, 15:13, based [10] - 2:20, 22:21, big [3] - 4:6, 24:14, 26:10 87:11, 87:19 buy [2] - 25:5, 57:9 23:20, 65:7 23:14, 39:20, 39:21, [1] Billy [1] - 42:12 border-building - buying [1] - 25:24 certainly [26] - 10:6, 67:24, 86:23, 90:13, 21:30 binoculars [2] - 23:1, BY [6] - 2:1, 41:19, 54:3, 17:17, 36:10, 36:11, 92:29, 92:30 56:19 box [2] - 1:10, 72:27 63:15, 83:25, 91:8 36:12, 42:17, 43:13, bases [5] - 9:28, 22:3, bit [4] - 19:24, 30:14, boxer [1] - 3:23 bypass [1] - 12:5 46:5, 51:2, 51:11, 22:27, 23:26, 25:27 47:10, 57:29 boy [1] - 48:19 55:29, 56:23, 56:29, basing [1] - 75:23 bits [1] - 69:14 Branch [10] - 18:11, 30:9, 57:14, 57:30, 58:1,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 3

58:13, 59:8, 68:21, 92:9 communications [1] - conflict [3] - 46:12, 26:2, 28:23, 36:21, 71:20, 72:6, 73:17, clarity [1] - 36:20 58:1 61:24, 62:10 89:25 84:27, 87:1, 89:11, clash [1] - 32:14 communities [2] - 11:6, conflicting [2] - 51:1, convicted [1] - 5:23 89:22 clause [1] - 47:7 62:18 71:3 convinced [1] - 65:21 certainty [1] - 70:19 clear [13] - 10:3, 13:13, community [2] - 34:25, conscious [2] - 36:13, convincing [3] - 31:23, CHAIRMAN [15] - 1:4, 17:21, 19:17, 23:2, 34:28 68:1 50:22, 50:25 2:13, 13:26, 14:3, 14:6, 25:1, 28:12, 31:18, Community [1] - 2:28 consequence [2] - 18:26, convoy [1] - 7:18 51:23, 52:5, 52:30, 52:23, 56:4, 56:5, companion [2] - 17:3, 20:18 cooperate [1] - 8:12 54:14, 83:27, 91:2, 78:22, 92:18 17:29 considerable [1] - 5:6 cooperation [20] - 6:4, 95:10, 95:18, 95:24, clearly [4] - 37:18, 48:24, company [1] - 28:7 considerably [1] - 66:26 6:30, 8:14, 12:27, 16:5, 95:28 75:28, 89:15 compatible [1] - 7:23 consideration [1] - 59:18 20:22, 32:22, 32:29, Chairman [21] - 1:7, 2:4, client [3] - 73:22, 73:25, compellable [2] - 47:12 considerations [1] - 84:4 33:6, 33:16, 34:10, 2:18, 5:30, 7:8, 13:23, 80:20 compelling [1] - 68:30 considered [5] - 3:7, 35:16, 46:26, 46:30, 14:1, 22:10, 25:10, client's [1] - 96:17 completely [2] - 80:6, 19:11, 21:12, 33:26, 61:21, 61:23, 76:22, 47:29, 51:25, 52:13, cloaked [2] - 41:11, 41:13 95:20 68:24 80:11, 87:11 54:6, 72:28, 76:8, close [18] - 4:6, 8:8, complex [1] - 24:10 consistent [1] - 51:12 coordinating [1] - 39:1 76:29, 91:6, 95:4, 96:4, 51:16, 52:8, 56:13, components [1] - 5:19 Constable [6] - 17:13, Coordinator [3] - 39:17, 96:22 61:11, 67:11, 73:25, composition [1] - 48:18 17:14, 37:3, 38:22, 40:5, 40:15 chance [1] - 68:8 76:9, 76:10, 77:15, compounded [1] - 8:2 40:7, 40:9 copies [1] - 44:10 change [3] - 7:1, 9:1, 78:13, 81:23, 82:6, comprehensive [3] - Constables [1] - 31:16 Cork [1] - 27:1 32:27 82:8, 83:1, 93:7 22:6, 41:9, 49:24 Constabulary [1] - 76:22 corps [1] - 23:30 changed [1] - 37:19 closed [1] - 23:3 comprehensively [1] - constant [10] - 10:28, correct [25] - 3:17, 24:27, changing [1] - 32:18 closely [1] - 24:27 86:14 10:30, 12:19, 12:24, 27:16, 38:2, 42:16, Charles [1] - 8:19 Clough [5] - 22:29, 55:1, compromise [1] - 31:5 12:25, 23:14, 31:19, 45:15, 45:20, 61:18, cheap [1] - 57:6 55:18, 59:25 compromised [3] - 12:7, 32:21, 55:6 62:2, 63:20, 63:21, check [12] - 45:30, 55:16, clubs [2] - 4:22, 5:5 26:22, 46:6 consternation [1] - 46:19 69:3, 73:11, 74:21, 59:15, 65:26, 65:28, Co [1] - 39:5 computer [1] - 58:9 constructive [1] - 8:26 74:25, 74:29, 78:28, 84:26, 84:30, 85:12, Co-ordinator [1] - 39:5 computerised [1] - 58:15 contact [18] - 4:10, 11:20, 80:7, 81:30, 82:1, 88:22, 89:15, 89:18, coal [2] - 15:22, 15:24 concentrating [1] - 23:9 11:22, 11:23, 12:15, 84:20, 85:3, 85:22, 89:19 cocktail [1] - 6:24 concern [13] - 6:22, 11:8, 12:18, 33:24, 61:1, 86:1, 90:10 checked [3] - 59:11, COFFEY [2] - 83:25, 84:3 14:11, 14:27, 22:19, 61:2, 61:16, 62:14, correspondence [1] - 68:11, 89:14 coincidence [1] - 31:6 29:20, 31:9, 32:2, 62:24, 62:26, 65:27, 72:10 checkpoint [2] - 9:18, colleague [1] - 7:27 33:30, 35:10, 36:3, 74:28, 81:21, 91:15, Corrigan [41] - 16:18, 55:1 colleagues [2] - 13:6, 36:8, 88:27 91:28 16:20, 18:12, 18:14, checkpoints [1] - 55:2 46:30 concerned [6] - 14:23, contacted [4] - 83:19, 18:16, 19:1, 19:14, checks [2] - 67:6, 67:7 collecting [1] - 59:1 27:22, 35:7, 36:12, 91:12, 91:13, 92:2 20:2, 20:3, 20:4, 36:22, cheque [1] - 66:28 collusion [14] - 70:7, 66:5, 88:13 contacts [5] - 8:9, 62:20, 63:19, 73:22, 73:25, cheque-book [1] - 66:28 70:29, 71:1, 71:2, 72:1, concerning [1] - 48:10 62:22, 62:23, 64:22 74:17, 74:27, 75:11, 75:12, 75:22, 75:30, cheques [1] - 50:18 72:7, 86:20, 87:3, concerns [6] - 12:24, contained [2] - 40:24, Chief [12] - 17:11, 17:13, 87:24, 88:1, 88:12, 15:6, 15:28, 29:29, 40:28 76:2, 76:9, 76:21, 17:14, 17:28, 31:15, 89:16, 89:20, 94:26 32:4, 35:17 content [1] - 28:11 76:29, 77:4, 77:9, 77:26, 78:3, 78:6, 37:2, 38:22, 40:7, 40:9, Colton [1] - 84:5 concessions [2] - 8:21, context [12] - 3:14, 5:30, 78:11, 78:25, 78:27, 65:27, 69:18, 82:3 column [1] - 6:23 8:22 16:1, 16:4, 19:23, 80:25, 80:27, 81:2, children [1] - 51:30 comfortable [1] - 14:21 concluded [1] - 41:7 19:24, 20:4, 21:15, 81:22, 82:12, 82:13, Chris [3] - 1:9, 77:11, comfortably [1] - 91:10 conclusion [3] - 44:1, 21:26, 26:17, 28:2, 32:5 82:23, 83:3, 83:10 77:12 coming [5] - 29:11, 33:4, 72:23, 89:3 continue [1] - 32:12 Corrigan' [1] - 79:6 CHRIS [2] - 2:1, 54:3 42:19, 68:2, 83:2 conclusions [4] - 42:24, continued [1] - 20:15 Corrigan's [2] - 77:17, circle [1] - 35:21 command [4] - 12:23, 42:27, 43:6, 43:27 CONTINUED [2] - 54:1, 79:21 circuit [1] - 23:3 35:20, 55:25, 55:28 conclusively [1] - 50:13 54:3 Cory [1] - 70:1 circuitry [1] - 5:15 commanding [1] - 26:7 concurrent [1] - 2:7 continues [1] - 65:30 Council [3] - 2:28, 32:15, circumspect [6] - 13:16, commence [1] - 54:9 condemnation [1] - 43:27 contradict [3] - 72:15, 32:20 14:9, 14:12, 14:15, commenced [1] - 34:7 condemnations [1] - 81:1, 81:27 councillors [1] - 62:15 35:24, 95:13 comment [2] - 68:20, 43:15 control [5] - 23:12, 25:26, counsel [2] - 52:9, 91:16 circumspection [1] - 73:7 condemning [1] - 8:28 25:30, 37:15 counter [5] - 23:9, 23:24, 60:17 Commissioner [4] - 12:8, condition [1] - 53:13 controlled [3] - 36:27, 23:25, 24:22, 24:26 circumstance [2] - 42:30, 34:2, 34:5, 34:8 conduct [1] - 20:7 36:30, 55:29 counter-measures [5] - 69:27 commitments [1] - 37:21 conducted [1] - 55:2 convenience [1] - 89:1 23:9, 23:24, 23:25, circumstances [5] - 2:8, committal [1] - 19:7 conference [4] - 28:8, conversation [17] - 24:22, 24:26 29:1, 34:6, 36:19, 49:15 committed [5] - 6:7, 44:29, 45:2, 45:4 13:11, 14:9, 18:27, counterclaims [1] - 90:8 circumstantial [1] - 71:1 27:20, 32:25, 44:15, conferences [1] - 34:3 20:6, 20:18, 28:11, counterparts [4] - 37:27, civil [1] - 61:7 85:9 confidences [1] - 19:27 28:14, 38:10, 77:15, 38:8, 38:9, 61:13 claimed [8] - 31:25, committees [6] - 38:24, confidential [1] - 14:22 78:29, 90:16, 91:20, Country [4] - 69:12, 49:10, 49:23, 70:24, 38:25, 38:26, 38:27, confined [1] - 80:28 91:30, 93:2, 95:11, 75:14, 90:29, 92:6, 94:1 95:19, 95:22 69:16, 69:17, 70:5 38:29, 40:14 confirm [5] - 81:1, 81:27, country [3] - 38:7, 38:17, claims [3] - 64:15, 68:11, common [10] - 6:2, 13:10, 91:28, 92:2, 92:20 conversation-point [1] - 90:7 13:11 57:7 25:3, 26:20, 44:13, confirmed [5] - 13:15, County [1] - 33:5 clamp [1] - 46:9 46:21, 56:23, 57:2, 21:10, 71:23, 72:11, conversations [8] - 13:2, couple [5] - 30:13, 41:22, clarify [3] - 8:15, 51:25, 66:6, 69:22 82:6 15:23, 21:15, 22:22,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 4

60:27, 82:9, 92:4 84:28, 85:2 denies [1] - 79:17 Director [3] - 39:5, 39:17, down [22] - 8:10, 8:24, courageous [1] - 68:16 cynical [1] - 47:2 deny [1] - 49:23 40:15 13:24, 13:27, 19:29, course [15] - 9:30, 11:13, deployment [1] - 32:29 director [1] - 40:5 28:5, 30:11, 32:16, 18:26, 18:30, 28:21, D depots [1] - 4:22 disagree [2] - 76:13, 32:19, 33:1, 34:21, 37:17, 44:9, 45:12, Deputy [1] - 12:8 76:27 37:4, 37:21, 43:12, Daily [7] - 2:22, 69:1, 45:23, 52:17, 61:4, Derry [1] - 62:3 disclose [2] - 35:25, 46:9, 54:30, 55:3, 58:6, 69:4, 85:6, 85:21, 75:11, 77:19, 78:10, describe [2] - 10:18, 35:26 59:27, 87:20, 94:30, 92:28, 92:30 90:5 47:19 discount [1] - 94:11 95:5 danger [1] - 60:9 court [1] - 25:29 described [4] - 18:12, discovered [6] - 4:2, Downshire [1] - 30:5 dangerous [3] - 60:1, courts [2] - 3:26, 6:14 37:27, 65:9, 79:6 4:16, 26:9, 49:8, 49:9, dramatic [1] - 22:27 63:26, 63:27 cover [2] - 7:28, 82:15 description [1] - 10:1 89:26 draw [4] - 42:24, 42:27, date [4] - 3:8, 41:29, coverage [1] - 3:10 designed [1] - 80:13 discovering [1] - 87:20 43:26, 72:23 91:22, 91:25 covered [2] - 86:13, 86:25 desire [1] - 21:13 discredited [1] - 65:12 drawn [4] - 3:19, 5:27, dated [2] - 72:10, 91:26 covering [4] - 2:16, desk [1] - 39:9 discuss [1] - 35:17 91:21 Datsun [1] - 48:24 25:22, 63:19, 63:23 desperate [1] - 11:5 discussed [9] - 12:1, drink [1] - 75:24 David [2] - 51:29, 85:28 covert [2] - 22:1, 60:17 detail [8] - 5:9, 5:10, 12:30, 20:18, 21:14, drinking [1] - 4:22 days [9] - 25:19, 25:21, crash [2] - 74:5, 74:6 15:28, 18:21, 18:28, 31:18, 39:2, 40:12, drinks [1] - 20:16 29:13, 37:17, 56:5, create [2] - 22:2, 58:11 28:18, 31:17, 76:20 41:2, 89:25 driven [1] - 48:23 56:27, 60:18, 75:27, created [2] - 23:17, 51:27 detailed [3] - 41:3, 41:9, discussing [2] - 22:15, driving [4] - 30:3, 30:9, 91:27 creating [1] - 37:21 67:27 35:14 48:12, 87:20 DC [1] - 40:4 credibility [4] - 49:22, details [5] - 30:15, 43:8, discussions [2] - 16:14, Dromad [1] - 54:25 DCI [2] - 40:10, 41:10 68:9, 71:5, 71:6 48:20, 57:23, 75:16 35:15 Dromiskin [1] - 4:4 DCI's [1] - 40:7 credible [4] - 50:30, detect [2] - 23:16, 23:20 disguise [1] - 50:19 Dublin [12] - 2:21, 6:3, DCOI [2] - 40:3, 40:5 79:20, 94:19 detected [1] - 56:17 dismissed [1] - 9:9 6:9, 6:24, 9:10, 12:6, dead [2] - 17:9, 43:24 crest [2] - 79:1, 79:5 detectible [1] - 55:29 dismissive [1] - 94:25 22:29, 22:30, 30:18, deadly [1] - 32:17 crime [3] - 27:26, 27:27, Detective [2] - 71:23, disperse [1] - 42:22 31:19, 32:1, 51:3 deal [10] - 9:30, 15:8, 29:3 72:25 disposal [6] - 11:22, due [7] - 9:30, 52:16, 16:10, 40:20, 54:7, crime-scene [2] - 27:26, detectives [2] - 35:22, 23:15, 24:19, 61:10, 52:23, 75:11, 77:18, 75:1, 79:23, 82:2, 82:3, 27:27 44:16 61:12, 61:17 78:10, 84:19 88:28 crimes [6] - 27:25, 31:22, determination [1] - 35:29 disposals [1] - 11:21 dug [3] - 55:24, 55:28, dealing [6] - 14:21, 15:9, 31:23, 31:27, 44:15, deterrent [1] - 9:8 disposed [1] - 84:13 56:7 15:26, 34:18, 41:25, 44:16 detonated [4] - 23:13, disposition [1] - 78:17 Dundalk [33] - 3:16, 3:20, 44:8 criminal [1] - 32:22 23:19, 28:28, 49:18 disprove [1] - 95:1 3:28, 4:4, 4:8, 4:9, 5:14, dealings [4] - 14:24, Criminal [1] - 32:23 detonation [1] - 5:17 dispute [7] - 64:30, 6:17, 7:16, 11:12, 66:23, 67:18, 81:2 critical [2] - 42:5, 73:17 detract [1] - 80:9 74:30, 76:12, 76:24, 14:28, 15:3, 15:4, 15:8, dealt [3] - 5:8, 58:25, 15:10, 19:4, 26:21, criticise [1] - 43:19 develop [2] - 11:11, 21:9 76:26, 77:30, 80:20 58:27 31:10, 33:30, 34:6, criticised [1] - 42:10 developing [3] - 23:11, disrupt [1] - 7:3 death [1] - 43:20 criticism [1] - 37:29 25:12, 56:24 disrupting [1] - 6:6 35:9, 36:4, 36:10, 46:3, deaths [4] - 7:4, 29:2, 49:26, 50:26, 51:6, cross [14] - 10:13, 10:30, device [3] - 16:30, 55:24, dissatisfaction [1] - 47:28 11:7, 16:4, 20:22, 55:28 47:20 70:8, 70:22, 71:18, deceased [2] - 17:11, 72:13, 83:8, 92:8 35:16, 54:7, 55:15, devious [1] - 45:19 disseminated [1] - 27:4 18:10 Dundalk-Newry [1] - 87:11, 96:11, 96:18, died [1] - 52:7 distance [3] - 16:15, DECEMBER [1] - 1:1 31:10 96:20 different [2] - 26:27, 22:14, 56:20 decide [6] - 50:29, 71:5, DURACK [6] - 41:19, CROSS [4] - 41:19, 54:3, 40:14 distill [2] - 45:16, 90:7 72:18, 72:19, 73:3, 41:21, 51:20, 52:3, 63:15, 83:25 difficult [16] - 14:28, 16:2, distinct [1] - 94:20 79:19 54:3, 54:16 cross-border [8] - 10:13, 34:19, 34:26, 49:14, distinguished [1] - 85:27 decided [4] - 21:22, Durack [2] - 41:21, 54:6 10:30, 11:7, 16:4, 49:15, 50:30, 59:24, distract [1] - 48:5 21:27, 22:2, 37:2 during [9] - 18:26, 18:30, 20:22, 35:16, 87:11 60:5, 68:15, 69:9, distributed [2] - 44:10, decisions [1] - 43:20 cross-examination [5] - 76:23, 81:12, 84:30, 44:11 26:9, 28:21, 73:24, decisive [1] - 9:1 76:23, 79:29, 80:4, 54:7, 96:11, 96:18, 86:22, 90:6 distrust [2] - 73:23, 80:24 deduce [1] - 22:23 84:11 96:20 difficulties [6] - 15:25, ditch [1] - 7:29 defamed [1] - 68:27 duty [1] - 47:26 CROSS-EXAMINED [4] - 35:8, 43:18, 61:5, divided [1] - 42:13 Defence [1] - 39:12 41:19, 54:3, 63:15, 80:11, 80:18 documents [2] - 40:23, defence [1] - 6:13 83:25 difficulty [3] - 34:19, 41:2 E definite [1] - 27:8 Crossmaglen [1] - 60:26 46:11, 61:9 [1] dodgy - 19:24 Eamon [1] - 85:29 definitive [3] - 3:8, 42:24, Crown [1] - 49:1 Dillon [2] - 91:19, 91:23 [1] dog - 55:30 early [13] - 3:24, 8:2, 9:4, Cruchley [1] - 74:24 42:27 dim [1] - 8:20 Dominic [1] - 82:16 9:6, 16:27, 17:26, Crutchley [4] - 17:11, definitively [2] - 29:24, dimension [1] - 62:5 Donaldson [1] - 69:29 25:13, 28:20, 29:14, 17:29, 18:15, 18:17 31:8 diplomacy [1] - 61:22 done [10] - 7:10, 7:12, 32:21, 42:24, 43:5, currency [5] - 66:6, degree [3] - 6:4, 35:4, diplomat [2] - 5:26, 21:2 19:16, 21:18, 28:24, 65:20 69:23, 87:24, 89:12, 72:7 diplomatic [1] - 20:26 31:13, 34:4, 44:2, ease [1] - 61:26 89:30 delay [1] - 52:6 diplomats [1] - 62:23 55:22, 56:16 easily [2] - 57:4, 57:9 current [1] - 40:26 delicacy [1] - 13:18 direct [6] - 26:7, 37:15, doors [2] - 24:14, 34:12 easy [2] - 43:19, 60:25 curtailing [1] - 6:6 delicate [1] - 53:1 61:16, 68:6, 88:2, 89:3 double [1] - 24:14 echelons [1] - 74:11 Cusack [1] - 27:1 deliver [1] - 33:12 directed [1] - 96:23 doubt [11] - 42:20, 44:17, editions [1] - 85:2 customs [1] - 29:14 delivers [1] - 65:18 direction [1] - 46:29 46:1, 55:10, 60:6, 64:3, editor [1] - 19:11 denial [1] - 79:21 cut [1] - 32:30 65:3, 68:17, 72:16, directly [2] - 12:13, 36:30 effect [5] - 12:9, 37:14, denied [1] - 26:11 cuttings [3] - 84:18, 72:29, 80:7

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 5

75:9, 75:10, 75:22 45:25, 56:1 40:6, 40:30, 49:17, 18:6, 22:26, 29:5, 31:3, fifth [1] - 18:23 effective [6] - 10:13, 11:7, equipment [6] - 4:14, 86:25 32:17, 34:7, 34:21, fighting [1] - 44:4 12:21, 12:26, 16:6, 5:14, 21:3, 22:16, except [3] - 11:21, 73:28, 35:2, 36:2, 36:7, 37:30, figure [3] - 18:11, 74:8, 20:27 24:11, 25:30 91:30 42:7, 42:12, 42:13, 74:11 effectively [7] - 21:27, era [1] - 57:3 exceptionally [1] - 70:28 43:15, 43:18, 43:30, figures [2] - 5:2, 5:4 34:3, 37:20, 42:22, Eric [2] - 65:28, 67:8 exchange [3] - 11:14, 44:4, 46:15, 46:21, file [1] - 28:16 55:5, 65:12, 93:20 escape [3] - 60:23, 60:25, 11:15, 61:14 47:15, 48:23, 48:24, files [1] - 44:11 efforts [3] - 10:28, 20:22, 61:27 exchanged [1] - 73:20 48:27, 48:30, 49:9, filled [1] - 30:14 32:8 escorted [1] - 51:6 exchanges [2] - 12:20, 50:4, 50:7, 50:8, 50:13, filtered [2] - 8:24, 58:20 eight [1] - 25:20 essence [1] - 90:18 14:22 50:16, 50:23, 51:3, final [4] - 38:18, 65:19, eighties [5] - 6:3, 8:17, essentially [1] - 10:9 exchanging [1] - 19:2 54:24, 55:14, 56:6, 65:26, 91:12 33:8, 56:26, 57:2 establish [2] - 90:10, exclusively [3] - 11:24, 58:14, 59:29, 60:12, finally [1] - 83:16 either [8] - 18:16, 21:22, 92:11 62:13, 62:14 61:29, 76:29, 79:7, fine [3] - 6:10, 8:28, 8:29 79:14, 80:8, 91:14, 30:28, 45:26, 46:14, established [2] - 85:15, exercise [3] - 8:5, 8:6, Fine [3] - 8:25, 37:8, 56:17, 85:18, 90:22 90:16 94:13 93:7, 94:25 37:26 factories [1] - 10:24 elaborate [1] - 48:6 establishment [3] - 6:24, existed [2] - 11:27, 40:14 finish [2] - 83:27, 91:10 factors [1] - 71:6 elected [1] - 15:14 38:23, 40:8 exists [1] - 37:4 finished [2] - 54:11, 82:5 factory [12] - 3:28, 4:5, electrical [1] - 24:1 establishments [1] - expecting [1] - 55:15 Fire [3] - 3:7, 26:11, 81:29 4:9, 4:11, 4:12, 5:14, electronic [14] - 5:15, 32:18 experience [8] - 2:16, firm [2] - 88:2, 89:27 5:21, 5:24, 5:28, 10:27, 5:17, 23:9, 23:13, etc [5] - 45:11, 46:17, 7:14, 8:13, 15:24, 36:5, first [23] - 1:8, 14:4, 33:2, 33:5 23:24, 23:25, 24:11, 46:26, 48:4, 63:3 37:7, 47:3, 89:9 18:18, 32:14, 36:25, facts [4] - 49:16, 71:3, 24:22, 24:25, 39:29, evening [1] - 83:14 experiences [1] - 15:20 54:24, 54:25, 62:16, 72:22 58:2, 84:29, 85:1, 85:10 event [3] - 67:2, 82:18, expert [4] - 23:22, 24:2, 64:12, 65:16, 70:7, electronically [1] - 49:5 82:22 71:9, 88:18 factual [5] - 68:30, 70:19, 71:13, 71:17, 74:2, 71:12, 85:22, 89:27 eleven [1] - 52:11 events [5] - 2:17, 28:19, expertise [3] - 3:1, 3:2, 77:20, 78:3, 84:6, eliminate [1] - 96:19 64:15, 70:1, 79:30 22:20 Fail [2] - 37:9, 37:26 86:21, 91:11, 91:12, elsewhere [1] - 23:5 evidence [76] - 2:5, 2:11, experts [3] - 9:2, 11:22, failure [4] - 6:12, 6:14, 91:15, 92:3, 96:6 7:1, 7:2 emanating [1] - 41:11 12:4, 12:9, 22:8, 25:23, 23:15 first-hand [2] - 62:16, embarked [1] - 21:29 25:28, 29:5, 31:23, explain [3] - 15:30, 17:6, fair [6] - 2:30, 45:18, 71:13 61:21, 64:16, 93:15, embedded [1] - 63:3 46:16, 47:8, 50:22, 18:2 firstly [1] - 8:15 95:19 embellish [2] - 21:9, 50:25, 51:1, 52:14, explained [1] - 91:13 fitting [1] - 87:10 fairly [6] - 14:4, 25:24, 49:20 52:16, 52:17, 52:18, explanation [1] - 15:19 Fitzsimmons [4] - 74:1, 26:20, 27:4, 50:6, 71:29 emerge [1] - 30:26 52:20, 52:22, 52:24, exploded [1] - 59:27 74:2, 75:29, 77:26 fairness [5] - 16:8, 75:17, emerged [1] - 59:14 52:26, 53:1, 53:3, 53:7, explosion [1] - 16:29 Fitzsimons [15] - 18:10, 77:29, 79:11, 93:9 emerging [1] - 29:21 54:9, 54:10, 57:14, explosive [2] - 33:3, 18:15, 18:17, 18:18, false [1] - 80:6 emotional [1] - 73:21 58:13, 60:11, 68:2, 55:27 20:12, 73:25, 74:20, familiar [4] - 19:17, empire [1] - 45:8 68:30, 70:18, 70:27, explosives [4] - 10:23, 75:24, 76:9, 77:11, 22:17, 48:17, 86:11 employee [1] - 85:15 71:2, 71:16, 71:21, 10:27, 25:26, 33:2 77:13, 78:5, 78:12, family [4] - 48:11, 48:18, encounter [6] - 20:5, 71:29, 72:13, 72:15, exposed [1] - 93:27 78:18, 81:23 51:27, 83:22 61:15, 75:15, 78:26, 73:4, 73:5, 75:12, 76:8, express [2] - 14:11, 28:25 five [1] - 56:4 fanfare [1] - 7:15 79:7, 79:14 76:19, 76:25, 76:26, expressed [2] - 29:29, fix [1] - 33:10 far [6] - 17:26, 43:5, encountered [2] - 80:12, 76:29, 78:12, 79:20, 36:25 flag [1] - 54:12 44:14, 51:26, 53:8, 81:4 79:26, 81:22, 81:24, expressing [1] - 29:20 flair [1] - 35:1 82:23, 83:16, 84:1, 59:25 encouraged [1] - 80:25 expression [1] - 21:13 Flanagan [8] - 17:15, 84:19, 86:8, 86:13, farmhouses [1] - 11:2 end [4] - 6:27, 21:6, 50:8, extensive [2] - 81:4, 64:30, 65:6, 65:11, 60:18 87:8, 87:15, 87:16, 81:22 farms [1] - 62:17 66:12, 68:13, 68:15, 87:27, 88:19, 90:20, fashioned [1] - 35:24 endeavours [1] - 3:1 extent [6] - 24:27, 76:4, 68:21 94:15, 94:16, 94:17, faults [1] - 43:30 ended [1] - 39:9 84:13, 86:8, 87:9, 89:8 flashed [1] - 59:6 94:18, 94:21, 94:23, favour [1] - 4:28 endemic [1] - 43:1 extradition [9] - 6:12, 7:2, flaw [1] - 46:11 96:6, 96:8, 96:13, fear [1] - 13:18 Enfield [3] - 10:27, 33:1, 31:20, 31:24, 32:18, fled [1] - 3:30 96:15, 96:23 33:5 32:23, 32:27, 80:12, fearful [1] - 82:11 flesh [1] - 21:16 ex [1] - 94:28 engage [1] - 77:14 82:15 fears [1] - 12:6 flight [2] - 54:8, 83:30 exact [1] - 24:27 engaged [1] - 20:14 extrapolate [1] - 44:1 feature [1] - 6:2 fly [1] - 25:26 exactly [1] - 50:27 engineers [1] - 24:1 extreme [3] - 36:15, 43:7, fed [2] - 58:19 flying [1] - 80:9 exaggerated [1] - 67:1 England [2] - 5:23, 6:25 87:6 feeding [1] - 6:1 focus [3] - 38:9, 50:29, exaggeration [1] - 34:22 enhance [1] - 9:28 extremely [2] - 22:14, feet [1] - 37:19 58:4 examination [6] - 33:3, enhancing [1] - 23:11 49:14 fellow [6] - 6:21, 47:25, focused [3] - 3:5, 15:6, 54:7, 96:11, 96:18, Enniskillen [2] - 12:16, ey [2] - 57:29, 94:11 47:26, 71:24, 72:26, 58:7 96:20 49:7 eye [1] - 67:12 77:13 focusing [1] - 86:15 examine [1] - 53:6 felt [6] - 7:10, 14:20, enormity [1] - 61:24 eyebrows [3] - 47:9, follow [2] - 15:18, 91:11 EXAMINED [6] - 2:1, 15:14, 38:1, 59:21, entered [1] - 60:13 94:16, 94:22 followed [3] - 65:23, 41:19, 54:3, 63:15, 62:18 entirely [2] - 9:10, 67:30 70:14, 92:14 83:25, 91:8 ferry [1] - 50:13 entirety [1] - 51:28 F following [3] - 3:10, 52:1, Examiner [1] - 27:1 few [7] - 19:6, 20:16, entitled [2] - 64:6, 65:17 53:7 example [14] - 10:10, face [2] - 15:22, 15:24 28:1, 36:24, 75:7, environment [1] - 81:6 follows [1] - 80:22 10:25, 13:4, 16:8, faces [1] - 46:11 80:28, 91:6 Eoin [1] - 5:21 FOLLOWS [8] - 1:2, 2:2, 25:17, 27:7, 31:20, facilitate [1] - 33:23 Fianna [2] - 37:9, 37:26 equally [4] - 44:25, 45:24, 41:19, 54:1, 54:4, 34:15, 36:15, 37:1, fact [49] - 3:6, 13:15, field [1] - 24:2 63:16, 83:25, 91:8

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 6 foot [2] - 60:8, 60:15 37:26 government [1] - 37:10 HAYES [2] - 52:13, 96:22 history [5] - 2:18, 3:8, FOR [1] - 53:16 gain [1] - 26:22 Governments [1] - 12:25 Hayes [1] - 96:4 35:8, 42:28, 43:10 Force [3] - 3:7, 26:11, game [1] - 21:1 governments [1] - 37:22 head [1] - 79:15 hmm [1] - 77:22 81:29 gaming [3] - 3:28, 4:17, gradually [1] - 33:17 headlines [1] - 49:29 holiday [1] - 29:12 forces [8] - 8:23, 11:27, 4:18 grant [1] - 53:11 headquarters [4] - 23:5, Home [1] - 39:12 12:26, 21:25, 49:1, gaming-machines [1] - grants [1] - 21:23 26:8, 58:23, 58:24 honest [3] - 16:5, 79:4, 49:23, 62:27, 80:25 3:28 grateful [1] - 95:28 Headquarters [5] - 58:19, 88:21 forensic [4] - 10:22, 33:3, garda [2] - 14:8, 71:24 great [7] - 6:11, 7:15, 58:21, 74:4, 80:26, hostile [1] - 34:24 50:5, 63:7 Garda [69] - 7:21, 7:22, 21:2, 24:20, 34:19, 93:26 hostility [1] - 8:24 forensics [1] - 33:4 7:24, 8:11, 8:14, 10:2, 47:6, 60:16 health [1] - 88:30 hotel [5] - 17:1, 17:4, foresee [1] - 96:16 10:8, 11:16, 11:29, grind [1] - 45:22 hear [14] - 2:8, 3:27, 17:24, 17:25, 18:3 forgotten [2] - 37:23, 12:1, 12:2, 12:11, 13:5, ground [11] - 6:9, 6:15, 19:20, 26:15, 26:26, Hotel [8] - 16:22, 16:23, 90:24 14:20, 14:26, 15:4, 8:4, 8:25, 9:1, 44:13, 26:28, 27:7, 31:12, 16:28, 19:18, 73:30, form [2] - 85:10, 93:13 15:9, 18:13, 21:4, 46:13, 46:14, 47:6, 48:1 57:26, 71:19, 90:9, 75:24, 77:5, 77:10 formal [1] - 12:23 30:22, 32:29, 34:2, grounds [1] - 31:24 92:18, 93:22, 94:7 hotels [1] - 50:17 formalised [1] - 33:20 35:17, 36:4, 36:27, group [1] - 36:16 heard [32] - 12:4, 13:4, hours [1] - 87:22 former [3] - 12:8, 65:20, 37:6, 37:8, 37:11, growth [1] - 69:16 19:22, 22:8, 26:27, house [2] - 26:9, 27:12 85:15 37:27, 38:13, 41:22, guard [8] - 13:1, 13:8, 27:9, 29:5, 37:26, 44:7, House [4] - 16:23, 17:19, fortified [1] - 24:13 42:18, 46:4, 57:18, 13:10, 13:13, 13:21, 46:16, 51:5, 51:7, 19:18, 77:10 forward [1] - 47:29 62:25, 69:19, 69:30, 14:6, 14:11, 72:26 57:14, 57:25, 60:11, houses [1] - 57:15 forwards [1] - 28:22 70:7, 70:8, 70:22, guarded [2] - 24:27, 64:18, 64:22, 70:12, HQ [1] - 39:30 four [6] - 7:18, 17:22, 70:29, 71:1, 71:2, 25:27 70:24, 70:25, 71:15, huddle [3] - 20:13, 20:14, 18:22, 48:25, 51:4, 71:18, 71:22, 71:30, guards [8] - 11:17, 12:29, 71:24, 71:27, 71:28, 20:15 72:7, 72:11, 72:14, 77:24 12:30, 14:16, 14:24, 81:18, 89:26, 90:27, huge [8] - 21:30, 23:3, fraternity [1] - 67:10 72:25, 73:10, 73:23, 14:25, 16:13, 80:27 92:6, 92:9, 92:10, 94:9, 26:3, 26:9, 33:28, 79:1, 79:2, 79:5, 80:29, free [1] - 17:8 guesstimate [1] - 22:23 96:23 77:30, 79:23, 79:25 81:5, 81:13, 81:19, freelance [1] - 2:23 guilt [1] - 31:23 hearing [3] - 11:5, 12:12, hundred [3] - 28:6, 43:4, 82:24, 82:30, 83:4, frequently [1] - 49:6 guilty [1] - 31:22 53:12 95:7 87:3, 88:1, 89:20, Friday [1] - 8:1 gunmen [1] - 11:9 hearings [2] - 96:16, Hunt [1] - 52:7 93:24, 93:25, 94:8, friend [5] - 30:8, 45:2, guy [2] - 19:24, 45:1 96:20 hurt [1] - 61:25 95:12 50:10, 69:7, 93:7 guys [1] - 7:29 heavily [1] - 25:27 Garda/RUC [1] - 81:21 heavily-guarded [1] - friends [2] - 52:8, 69:10 I Gardaí [3] - 13:3, 13:7, 25:27 Friends [1] - 41:17 H 51:6 heavy [3] - 24:14, 37:12, IDA [3] - 4:9, 5:24, 5:25 front [2] - 42:26, 52:20 gathered [2] - 56:25, half [1] - 77:24 77:13 IDA-funded [1] - 4:9 frontier [1] - 9:8 79:30 hand [10] - 7:2, 9:10, heavy-set [1] - 77:13 idea [2] - 20:13, 66:29 frustration [7] - 6:4, 6:12, gathering [4] - 10:23, 15:16, 16:4, 32:6, 13:28, 30:6, 62:16, helicopter [2] - 74:5, 74:6 ideal [1] - 33:26 12:20, 42:6, 76:11 32:27, 33:11 66:9, 71:13, 82:25, helicopters [2] - 60:14, ideally [1] - 5:14 GC [1] - 39:30 94:20, 94:21 ideas [1] - 39:1 frustrations [2] - 7:13, 60:15 gelignite [2] - 10:25, hand-washing [1] - 94:20 80:10 help [11] - 21:3, 21:4, identified [2] - 5:19, 78:5 10:30 hand-wringing [1] - 41:23, 47:27, 68:12, identity [1] - 41:10 full [5] - 21:5, 43:11, general [15] - 8:27, 13:2, 84:10, 85:2, 93:10 94:21 71:12, 71:13, 87:12, IEDs [1] - 60:9 14:14, 18:27, 20:3, handed [2] - 14:1, 83:5 88:19, 95:25, 95:29 full-time [1] - 84:10 imagine [2] - 25:7, 48:5 20:17, 26:7, 28:27, handing [1] - 65:25 helping [1] - 19:25 fullest [1] - 89:8 immediate [3] - 33:27, 29:1, 31:9, 43:15, 44:1, handle [1] - 95:14 Hermon [5] - 34:2, 34:9, fully [2] - 52:20, 93:11 48:29, 69:27 45:13, 67:21, 73:9 handover [2] - 82:28, 34:16, 34:18, 34:28 immediately [5] - 19:7, fulsome [1] - 16:5 generality [1] - 75:2 83:1 Hero [1] - 64:6 49:4, 53:6, 58:19, 59:10 Fulton [20] - 64:8, 64:25, generally [1] - 28:1 65:8, 65:9, 65:12, hands [2] - 62:9, 62:11 hi [1] - 22:3 immunity [1] - 61:27 gentlemen [1] - 1:4 65:21, 66:3, 66:7, Hanna [5] - 29:10, 29:18, hi-tec [1] - 22:3 impasse [1] - 32:17 geography [1] - 60:5 66:21, 67:2, 67:14, 48:11, 48:14, 51:27 Higgins [3] - 48:23, implementation [1] - Gibson [7] - 27:28, 27:30, 67:18, 67:23, 68:1, Hannas [1] - 48:30 49:10, 49:11 73:19 28:13, 29:9, 29:17, 68:7, 68:20, 68:23, happily [1] - 88:14 high [13] - 6:3, 10:14, implemented [1] - 9:25 30:3, 30:26 68:26, 68:28, 96:12 happy [2] - 34:13, 88:28 10:23, 23:1, 25:24, important [9] - 36:1, Gibsons [3] - 28:26, Fulton's [5] - 64:5, 68:4, hard [2] - 27:21, 89:27 35:4, 38:24, 38:28, 40:29, 44:3, 45:4, 59:5, 30:17, 50:7 68:25, 96:10, 96:15 harnden [1] - 92:26 46:12, 51:14, 78:7, 60:7, 74:7, 74:8, 74:10 given [22] - 9:13, 25:23, 81:6, 86:28 function [2] - 56:19, 81:9 Harnden [15] - 69:4, impression [8] - 27:19, 25:28, 46:24, 47:8, high-powered [3] - 23:1, fund [1] - 4:25 69:17, 69:21, 69:24, 32:6, 38:15, 51:26, 49:15, 52:17, 59:18, 25:24, 38:24 funded [1] - 4:9 70:5, 71:17, 71:21, 62:28, 73:12, 93:13, 62:29, 66:15, 69:15, 72:17, 72:26, 72:28, higher [3] - 10:15, 13:12, 93:15 funding [3] - 5:24, 5:25, 76:8, 76:19, 81:22, 5:28 72:29, 73:5, 73:6, 92:23 47:9 impressions [2] - 92:24, 81:24, 82:23, 86:8, Harnden's [1] - 71:20 highest [1] - 68:19 93:9 fundraising [2] - 4:19, 87:8, 87:14, 87:27, 4:30 Harry [8] - 27:16, 27:17, highlighted [1] - 40:26 improve [2] - 33:17, 89:6, 94:15 27:19, 36:21, 47:23, hilltop [1] - 60:6 33:24 funeral [1] - 52:10 glamorous [1] - 63:24 82:7 him' [1] - 77:16 improvement [1] - 33:18 future [1] - 81:25 glean [2] - 28:15, 28:18 hate [2] - 45:5 himself [4] - 73:2, 75:23, improvised [1] - 55:27 gleaned [2] - 45:17, 66:11 G Haughey [1] - 8:19 83:13, 92:24 inability [1] - 88:10 glimpses [2] - 42:25, 43:7 HAVING [1] - 2:1 hindsight [1] - 43:19 inaccurate [1] - 44:1 Gael [3] - 8:25, 37:8, God [1] - 88:4 hawk [1] - 66:21 historic [1] - 42:3 inadequacies [1] - 7:14

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 7 incendiary [1] - 16:30 27:10, 45:18, 86:5 INTO [1] - 96:26 issued [2] - 68:21, 68:29 Kevin [11] - 64:5, 64:8, inception [1] - 85:30 informer [1] - 65:20 introduced [7] - 18:9, issues [6] - 9:23, 38:9, 64:25, 65:8, 65:21, incidence [1] - 13:9 informers [1] - 44:19 18:11, 18:14, 58:3, 38:10, 39:2, 48:10, 66:21, 67:2, 67:23, incident [5] - 15:29, initiation [1] - 55:29 77:11, 78:4, 79:9 79:22 68:4, 68:23, 69:30 19:29, 31:1, 42:29, initiatives [1] - 41:2 introduction [1] - 77:18 items [2] - 45:22, 54:16 key [1] - 20:28 86:16 initiators [1] - 70:4 investigate [2] - 34:6, killed [6] - 16:29, 29:17, incidents [14] - 8:7, 8:8, injuries [1] - 7:5 90:9 J 30:3, 49:18, 51:29, 74:5 27:30, 29:12, 29:15, INLA [1] - 83:8 investigated [1] - 89:13 Killeen [7] - 27:24, 29:3, Jack [3] - 34:28, 35:13, 29:20, 29:21, 29:28, Inn [1] - 30:12 investigating [2] - 44:16, 29:21, 31:3, 31:14, 35:22 31:2, 42:3, 43:14, innocent [1] - 47:28 67:8 54:18, 59:20 Jack's [1] - 36:7 55:11, 82:10, 86:28 innovations [1] - 56:25 investigation [5] - 2:7, killers [1] - 11:3 James [2] - 57:29, 94:10 included [2] - 70:13, inquiries [5] - 3:22, 4:2, 5:13, 26:10, 27:8, 69:30 killing [5] - 6:21, 29:18, Jamie [1] - 17:15 71:22 4:16, 16:10, 43:13 investigations [2] - 48:11, 48:29, 59:27 January [1] - 65:15 incognito [1] - 94:2 inquiry [2] - 2:6, 30:30 11:14, 90:15 killings [6] - 11:7, 26:17, Jeep [1] - 48:13 incorrect [1] - 79:10 inside [1] - 24:16 invisible [1] - 42:26 28:13, 29:10, 33:28 Jeffrey [1] - 69:29 increase [1] - 22:3 insisted [1] - 65:26 invite [1] - 13:24 kind [2] - 4:30, 36:18 Jenkins [1] - 86:2 increased [1] - 32:26 Inspector [2] - 71:23, involved [9] - 12:4, 20:2, kindly [1] - 2:10 Jeremy [1] - 86:2 incredible [1] - 82:29 72:25 20:9, 27:7, 38:11, Kintyre [1] - 74:6 Jim [3] - 3:15, 27:1, 96:7 indeed [28] - 4:19, 6:22, instance [1] - 44:7 59:15, 63:30, 66:9, knowing [3] - 31:17, Jimmy [4] - 17:11, 18:5, 9:24, 10:26, 11:17, instructions [2] - 77:3, 66:28 37:28, 68:28 11:30, 12:18, 12:24, 79:17 involvement [4] - 62:9, 18:6, 18:15 knowledge [17] - 16:21, job [4] - 27:21, 36:1, 13:8, 15:27, 20:19, insufficient [1] - 6:19 63:29, 67:13, 89:20 20:11, 21:7, 23:29, 63:24, 90:6 20:29, 24:18, 28:23, integrity [3] - 36:9, 68:13, IRA [36] - 4:24, 4:30, 6:6, 38:19, 38:21, 40:18, John [5] - 34:2, 34:9, 31:1, 33:1, 41:3, 43:10, 68:17 6:8, 6:16, 7:1, 7:3, 8:29, 70:18, 71:9, 74:7, 34:16, 34:18, 94:18 47:4, 48:9, 56:6, 57:16, intelligence [29] - 5:18, 9:3, 11:9, 19:25, 23:10, 81:28, 86:9, 86:15, 59:30, 63:13, 63:25, 11:16, 12:20, 12:21, 23:15, 26:16, 46:7, joined [2] - 2:22, 92:28 87:7, 87:9, 88:2, 89:9 85:2, 93:30, 95:30 23:30, 38:19, 38:21, 48:3, 48:30, 49:23, joint [2] - 9:18, 21:14 known [12] - 3:2, 23:25, independent [3] - 37:20, 39:5, 39:7, 39:10, 55:8, 59:8, 61:26, 62:6, jointly [2] - 9:7, 59:22 24:13, 30:21, 30:28, 37:22, 44:21 39:24, 40:20, 41:25, 62:19, 64:19, 70:9, Jonesboro [1] - 60:4 41:10, 65:20, 66:14, independently [1] - 46:1 42:6, 44:8, 44:9, 44:14, 70:23, 71:19, 72:14, journalism [2] - 66:29, 67:4, 67:9, 71:3, 78:19 indicate [1] - 7:8 44:26, 44:27, 52:19, 75:13, 75:14, 75:21, 90:18 knows [1] - 88:5 indicated [2] - 16:9, 53:2, 53:5, 74:9, 76:11, 75:23, 75:26, 76:30, journalist [14] - 2:16, 93:19 76:21, 81:26 80:13, 81:26 22:11, 45:11, 45:13, L indicating [2] - 70:3, Intelligence [2] - 39:17, IRA's [3] - 5:11, 25:11, 45:16, 46:11, 47:2, lack [9] - 6:30, 10:4, 10:6, 76:20 40:5 32:30 49:13, 63:19, 63:22, 13:3, 34:10, 46:25, indicative [2] - 88:11, intelligence-gathering Iraq [1] - 63:3 84:11, 85:28, 90:6, 80:10, 88:11 90:26 [1] - 42:6 Ireland [33] - 2:17, 2:26, 92:25 ladies [1] - 1:4 indifferent [1] - 90:28 intended [1] - 96:7 2:27, 2:29, 3:21, 3:23, journalistic [3] - 3:1, land [2] - 55:5, 60:13 indirect [1] - 89:4 intense [2] - 15:2, 87:6 3:27, 4:15, 10:26, 11:13, 67:10 journalists [8] - 8:5, 8:6, landscape [3] - 80:14, individual [5] - 7:14, intensity [3] - 10:15, 11:10, 15:1, 20:28, 80:15, 87:11 12:29, 14:13, 45:22, 62:26 23:6, 24:19, 36:29, 28:24, 62:29, 63:26, 67:4, 69:23, 87:25 large [6] - 46:17, 49:27, 66:25 intensive [2] - 9:22, 46:12 38:12, 39:6, 39:12, judge [1] - 29:11 51:9, 56:13, 61:19, individuals [2] - 63:29, intention [1] - 52:26 39:14, 39:24, 40:17, 41:30, 49:15, 63:20, judged [1] - 20:27 66:26 80:28 interacted [1] - 38:29 63:23, 69:6, 71:9, 74:9, judges [1] - 51:10 last [5] - 12:9, 41:25, infancy [1] - 56:28 interaction [1] - 38:14 80:4, 81:7, 82:16, judiciary [1] - 51:13 65:20, 67:6, 67:7 inference [1] - 30:20 intercept [4] - 26:2, 86:12, 93:1 late [6] - 1:5, 3:24, 33:8, inferences [1] - 20:6 27:11, 57:30, 92:15 jumped [2] - 3:25, 3:30 Irish [42] - 5:26, 6:5, 6:7, June [1] - 64:29 64:19, 78:1 influence [1] - 37:13 intercepted [2] - 57:4, 7:16, 7:22, 8:8, 9:7, latest [1] - 84:1 information [55] - 6:1, 57:12 junior [1] - 12:14 9:17, 9:19, 9:25, 10:2, launched [1] - 83:7 11:15, 11:16, 12:7, interception [1] - 26:12 jurisdiction [4] - 4:1, 10:7, 10:28, 11:6, 20:24, 32:25, 47:13 lavatory [2] - 19:1 13:6, 13:16, 13:19, interceptions [2] - 26:14, 11:19, 20:21, 20:29, law [4] - 6:20, 68:26, 14:7, 15:12, 17:7, 26:16 Jurisdiction [1] - 32:24 20:30, 21:2, 21:4, 21:8, 68:28, 68:29 19:13, 21:9, 26:22, interdict [2] - 7:3, 80:13 jury [1] - 43:28 21:11, 21:20, 21:24, Law [1] - 32:23 28:18, 28:27, 32:2, interest [9] - 3:12, 4:13, Justice [4] - 27:28, 30:26, 32:11, 32:13, 33:8, laws [3] - 7:2, 31:21, 38:19, 38:21, 39:28, 58:12, 78:22, 87:6, 94:28 33:10, 33:11, 33:13, 32:18 39:30, 40:29, 42:15, 87:7, 87:8, 87:25, 87:27 justice [2] - 31:29, 32:23 34:20, 34:23, 34:26, lead [1] - 7:20 43:21, 43:23, 45:17, interested [4] - 38:16, justification [2] - 36:17, 38:1, 38:4, 38:13, 41:1, leading [2] - 33:13, 34:7 45:30, 47:30, 48:4, 66:2, 78:21, 89:22 44:18 41:8, 59:22, 62:25, leak [3] - 30:30, 33:30, 48:12, 49:20, 50:15, interesting [4] - 38:3, justified [2] - 90:2, 90:20 64:29, 65:14 36:4 51:2, 58:18, 59:1, 59:3, 38:6, 38:15, 79:27 Justin [1] - 91:19 61:14, 62:12, 63:9, Irishmen [1] - 6:21 leaked [2] - 13:19, 31:10 interests [1] - 63:1 66:11, 66:15, 70:6, irregularities [1] - 42:19 leaking [2] - 29:27, 32:2 internal [2] - 38:25, 38:26 K 70:8, 70:22, 70:28, island [1] - 73:14 leaks [1] - 35:17 interpreted [1] - 87:29 71:18, 72:12, 72:24, isolated [5] - 11:2, 13:9, keen [2] - 9:24, 20:29 leaned [1] - 30:11 interrupted [1] - 17:28 83:20, 86:10, 90:23, 59:1, 62:17 keep [1] - 67:11 learned [1] - 45:4 interview [1] - 67:26 90:29, 92:7, 92:11, issue [7] - 7:6, 12:11, keeping [2] - 41:28, 67:19 least [5] - 26:6, 46:4, interviewed [2] - 68:8, 92:20 41:25, 75:19, 77:30, Ken [1] - 17:16 63:1, 67:10, 78:23 68:10 informed [4] - 26:29, 79:23 kept [1] - 85:1 leave [2] - 42:28, 77:23 intimate [1] - 15:28

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 8 leaving [1] - 59:20 lower [1] - 13:11 82:25, 83:5 84:25, 84:26 73:30, 75:23, 77:5, led [6] - 5:20, 10:24, 29:2, Lowry [1] - 51:18 McKittrick [1] - 85:28 mess [1] - 44:30 77:10 29:28, 33:29, 96:15 Loyalist [1] - 34:24 McNamee [1] - 5:21 messages [2] - 35:28, Monaghan [2] - 95:12, left [5] - 18:24, 30:6, 56:8, loyalist [1] - 36:15 meal [1] - 18:8 35:29 95:22 69:6, 92:30 loyalists [2] - 4:19, 4:25 mean [82] - 7:13, 9:4, messes [1] - 38:5 money [17] - 4:26, 4:29, left-hand [1] - 30:6 Loyalists [1] - 35:3 11:1, 12:15, 14:19, met [20] - 16:21, 18:19, 5:6, 5:12, 19:10, 64:1, legal [5] - 9:1, 32:18, lucrative [1] - 4:27 15:22, 18:27, 19:10, 19:18, 27:17, 28:1, 64:3, 64:26, 66:26, 32:22, 51:13, 61:8 lunch [11] - 17:2, 17:3, 22:26, 25:2, 25:12, 28:3, 64:10, 64:12, 67:3, 75:6, 76:3, 76:7, legislation [1] - 32:23 17:29, 18:20, 18:21, 25:21, 27:4, 28:4, 68:7, 73:27, 73:28, 77:6, 77:18, 79:15, 94:4 less [1] - 42:1 18:22, 20:15, 20:17, 28:15, 29:8, 29:13, 73:30, 74:2, 74:13, money-spinning [1] - letting [1] - 24:17 28:16, 51:21, 77:21 29:19, 29:23, 30:29, 74:17, 74:26, 81:3, 4:26 level [16] - 5:8, 6:4, 11:25, LUNCH [2] - 53:16, 54:1 31:15, 31:18, 31:27, 82:9, 93:3 monitor [1] - 25:8 11:27, 12:23, 33:25, lunches [1] - 38:4 32:12, 32:15, 33:6, meter [1] - 25:14 monitored [1] - 58:12 37:7, 38:28, 40:6, lunchtime [3] - 77:20, 33:24, 36:5, 38:3, methods [1] - 23:13 monitoring [1] - 24:26 40:13, 40:14, 40:18, 78:1 39:26, 40:11, 40:19, MI5 [10] - 39:18, 41:11, mood [2] - 34:23, 34:27 61:18, 63:11, 81:6 lying [1] - 60:18 42:25, 44:13, 44:16, 77:15, 78:13, 78:15, morning [12] - 1:4, 1:7, levels [4] - 12:14, 13:12 44:28, 46:7, 47:22, 78:21, 80:2, 93:19, 28:16, 28:20, 28:21, liaison [3] - 31:17, 33:20, M 48:14, 48:17, 49:3, 93:22 45:5, 48:16, 52:5, 52:8, 61:13 49:6, 49:13, 50:10, MI6 [2] - 39:18, 41:11 52:11, 87:28, 95:4 life [9] - 43:20, 49:30, machinery [1] - 5:13 50:28, 51:16, 55:13, Michael [1] - 41:21 mortar [2] - 24:12, 24:15 50:1, 61:25, 74:8, 75:3, machines [7] - 3:28, 4:17, 55:16, 55:26, 56:2, mid-1970s [1] - 75:25 mortar-attacked [1] - 76:30, 79:28, 84:11 4:18, 4:24, 4:28, 5:6, 56:16, 56:26, 58:20, middle [1] - 46:12 24:15 light [4] - 42:19, 47:24, 5:15 59:11, 59:24, 59:26, might [29] - 13:19, 13:23, most [14] - 2:20, 3:4, 47:27, 48:8 macro [2] - 46:25, 47:19 61:10, 62:3, 62:22, 15:14, 17:16, 18:6, 7:26, 14:14, 14:28, Liles [2] - 52:15, 52:30 magazine [1] - 50:3 66:23, 67:4, 68:26, 18:24, 19:30, 22:9, 15:1, 20:17, 22:27, 69:22, 70:30, 71:12, Liles' [3] - 53:7, 54:8, magistrates [1] - 51:11 28:4, 28:7, 28:8, 28:9, 28:27, 46:29, 67:21, 83:30 Mail [3] - 66:5, 67:3, 67:5 72:21, 73:1, 73:17, 28:24, 36:15, 41:17, 79:22, 85:8, 85:27 73:20, 74:12, 75:27, limited [6] - 8:10, 8:15, main [4] - 22:29, 22:30, 41:23, 42:21, 43:10, motivated [1] - 37:12 10:7, 10:8, 38:14, 73:13 30:7, 45:21 78:6, 81:1, 81:15, 82:8, 43:23, 55:21, 56:17, motives [1] - 68:19 82:28, 84:17, 84:23, line [7] - 22:30, 26:7, maintain [2] - 34:15, 61:15, 69:13, 81:8, motor [1] - 57:27 85:4, 85:16, 86:30, 27:11, 30:29, 42:26, 84:11 81:17, 81:18, 83:20, mounted [1] - 70:13 87:17 59:27, 62:7 maintained [1] - 37:24 93:5, 93:6 move [3] - 11:9, 11:10, means [1] - 20:30 lines [5] - 2:6, 26:21, major [2] - 15:29, 32:14 mile [1] - 54:30 60:3 meant [2] - 37:29, 43:20 33:22, 41:5, 41:6 maker [1] - 5:22 miles [4] - 30:13, 48:28, moved [1] - 60:7 measured [1] - 61:24 link [1] - 3:28 Malley [1] - 85:29 60:12, 87:18 movement [1] - 31:11 measures [5] - 23:9, linking [1] - 29:19 man [10] - 5:21, 9:7, 17:4, military [8] - 2:25, 9:14, movements [2] - 58:10, 23:24, 23:25, 24:22, links [1] - 4:13 18:12, 27:21, 68:13, 25:27, 38:10, 44:25, 58:11 24:26 Lisburn [3] - 26:8, 44:30, 74:15, 83:4, 87:17, 45:2, 45:21, 62:13 moves [2] - 95:24, 95:25 Meath [1] - 33:5 58:23 95:16 mind [4] - 8:2, 12:10, MR [24] - 1:7, 2:2, 2:4, mechanical [1] - 24:1 listen [1] - 25:6 man's [2] - 55:5, 60:13 18:29, 68:9 2:15, 14:11, 41:16, mechanisms [1] - 33:20 listened [1] - 57:11 manned [1] - 59:22 mindful [2] - 35:1, 84:3 41:19, 41:21, 51:20, media [3] - 33:28, 85:9, listening [4] - 57:17, manpower [1] - 10:8 mine [3] - 3:20, 21:8, 30:8 51:25, 52:13, 54:3, 57:20, 57:22, 57:24 manufacture [1] - 4:14 85:19 minister [1] - 94:18 54:6, 54:16, 63:15, meet [6] - 16:20, 17:2, lived [4] - 11:2, 48:15, March [3] - 29:19, 34:1, Minister [8] - 8:20, 38:30, 63:18, 83:25, 83:29, 62:15, 62:18 34:17 20:10, 31:16, 91:19, 39:11, 39:12, 40:2, 84:3, 91:6, 91:8, 91:10, 94:3 lives [1] - 43:9 marks [2] - 68:3, 68:22 41:4, 94:28 96:4, 96:22 meeting [9] - 16:25, loans [1] - 21:22 marshy [1] - 46:14 ministers [1] - 40:3 MS [1] - 91:4 16:26, 17:28, 19:14, local [3] - 11:4, 58:27, massive [1] - 11:9 minuscule [1] - 61:23 Mull [1] - 74:6 27:22, 34:7, 81:18, 62:15 MAT [1] - 29:8 minute [2] - 67:6, 67:7 murder [3] - 27:28, 76:30, 91:22, 91:29 locally [2] - 30:18, 58:25 match [1] - 82:29 minutes [1] - 60:27 89:20 meetings [5] - 31:17, location [1] - 4:5 matched [1] - 47:5 miscellaneous [1] - murdered [5] - 11:3, 29:9, 39:1, 39:3, 81:15, 81:17 locations [2] - 12:19, material [2] - 40:12, 41:8 36:24 51:27, 69:19, 86:16 megaphone [1] - 61:22 14:25 matter [12] - 13:23, 26:24, mistaken [1] - 29:11 murders [21] - 27:2, member [7] - 2:28, 44:7, locus [1] - 39:13 32:7, 54:8, 65:17, 71:4, mistakes [2] - 43:5, 43:29 27:15, 33:30, 36:3, 52:7, 64:18, 81:5, logged [2] - 58:10 84:16, 86:17, 87:5, mix [1] - 93:4 55:22, 82:3, 84:15, 82:12, 82:24 loggerheads [1] - 44:28 93:23 mixed [1] - 47:3 84:23, 85:19, 85:20, members [7] - 13:11, logistical [1] - 54:7 matters [9] - 3:3, 3:11, mixing [1] - 80:26 86:6, 86:7, 86:28, 87:4, 37:8, 47:11, 79:2, logistics [1] - 11:12 5:8, 15:26, 36:24, mobile [3] - 10:10, 57:3, 87:15, 87:17, 88:9, 81:12, 81:13, 83:7 89:4, 89:7, 90:28, 90:30 London [9] - 2:20, 4:15, 41:23, 52:18, 52:19, 87:20 memorable [1] - 79:14 6:10, 6:29, 19:12, 53:2 model [2] - 25:24, 25:30 must [7] - 30:17, 30:18, memory [3] - 19:16, 61:17, 85:7, 92:30 McBurney [6] - 83:19, modestly [1] - 64:5 85:8, 85:12, 86:4, 19:20, 85:17 88:10, 94:5 longest [1] - 85:27 83:21, 91:13, 91:18, mole [9] - 29:24, 33:29, men [7] - 11:1, 17:4, 37:9, mutinous [1] - 34:23 look [2] - 19:4, 23:2 92:1, 92:2 34:4, 49:26, 50:26, 37:26, 86:16, 89:21 mutual [2] - 73:23, 80:24 looking [5] - 19:4, 67:3, McCann [5] - 3:15, 3:18, 54:17, 75:13, 75:14, mention [2] - 24:25, 74:7, 74:27, 75:18 3:22, 4:17, 96:7 94:26 Myers [1] - 69:30 36:22 lookout [1] - 24:7 McCann's [3] - 3:19, moles [2] - 80:16, 88:1 mentioned [6] - 55:14, Lord [2] - 27:28, 30:26 4:11, 5:20 Mon [9] - 16:22, 16:23, McGlinchey [3] - 82:16, 73:9, 79:26, 82:13, low [1] - 78:7 16:28, 17:19, 19:18,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 9

N night [7] - 56:17, 56:21, oath [1] - 72:27 82:15, 83:21, 84:1 77:21 56:27, 56:30, 77:9, observation [3] - 22:1, old [6] - 16:28, 17:1, optics [1] - 8:3 naive [1] - 66:25 77:20, 77:21 22:21, 60:7 17:25, 29:13, 35:24, or.. [2] - 55:30, 67:26 name [34] - 3:14, 3:15, nobody [5] - 8:7, 29:23, observing [1] - 70:14 37:17 ordinary [2] - 44:8, 45:12 12:29, 13:24, 13:27, 31:7, 47:12 obsession [1] - 10:19 old-fashioned [1] - 35:24 ordinator [1] - 39:5 14:4, 14:6, 14:7, 14:8, non [1] - 19:7 obvious [1] - 18:5 older [3] - 48:24, 51:28, organisation [6] - 13:17, 16:16, 17:8, 19:15, non-committal [1] - 19:7 obviously [14] - 18:16, 51:30 43:16, 44:12, 45:10, 19:17, 19:21, 19:22, nonetheless [3] - 55:8, 19:7, 19:14, 20:16, Omagh [3] - 65:1, 65:23, 85:9, 95:14 19:28, 20:5, 30:27, 56:15, 56:29 26:23, 29:11, 40:23, 67:9 organisational [1] - 43:18 36:22, 41:21, 50:14, normally [1] - 39:18 43:4, 66:10, 67:22, ON [1] - 1:1 organisations [1] - 4:26 50:16, 50:17, 50:24, North [24] - 6:21, 6:27, 71:8, 75:18, 79:29, on-the-ground [1] - 6:15 organise [1] - 11:11 79:8, 79:16, 93:27, 7:5, 9:3, 9:15, 28:28, 96:12 once [8] - 3:21, 6:23, organised [1] - 10:9 95:5, 95:8, 95:15, 29:11, 29:19, 31:23, occasion [13] - 13:8, 7:15, 16:21, 28:5, 40:6, original [3] - 16:28, 17:1, 95:21, 96:10, 96:17, 35:3, 37:16, 37:17, 16:11, 16:20, 22:11, 50:1, 79:28 17:25 96:19 41:28, 42:3, 61:6, 61:8, 48:9, 73:28, 76:15, one [78] - 3:13, 7:23, otherwise [4] - 43:27, Name [1] - 14:1 61:25, 61:26, 61:30, 81:3, 81:8, 81:20, 9:23, 13:8, 14:19, 59:23, 61:22, 66:16 names [3] - 16:13, 41:14, 62:1, 62:13, 62:27, 84:20, 93:19, 95:3 14:29, 16:8, 16:16, ourselves [1] - 21:28 87:22 73:18 occasional [2] - 81:15, 18:4, 18:9, 22:11, outline [2] - 2:18, 25:10 naming [2] - 17:7, 17:10 north [2] - 46:26, 73:15 86:26 22:27, 22:28, 23:8, outset [2] - 2:4, 22:13 naturally [1] - 47:2 Northern [31] - 2:17, 2:25, occasionally [3] - 13:15, 24:4, 24:5, 24:21, outside [3] - 4:4, 40:17, nature [3] - 52:19, 52:24, 2:26, 2:28, 3:21, 3:23, 28:3, 93:4 25:22, 26:11, 26:25, 47:13 65:10 3:27, 4:15, 10:26, occasions [14] - 14:23, 27:30, 28:15, 31:6, overall [4] - 32:5, 58:21, near [1] - 4:6 11:10, 15:1, 23:6, 27:17, 27:23, 27:29, 31:21, 32:6, 32:25, 80:9, 80:17 nearest [1] - 54:25 24:19, 36:29, 38:12, 38:4, 51:4, 56:2, 59:28, 33:18, 34:10, 36:13, overlooked [1] - 22:29 necessarily [7] - 36:5, 39:6, 39:12, 39:14, 61:12, 82:9, 82:10, 37:9, 42:29, 44:30, overriding [1] - 32:6 42:14, 42:17, 42:18, 45:4, 48:10, 49:15, 39:23, 40:17, 41:29, 90:19, 90:20, 90:21 overtly [3] - 36:27, 38:6, 43:3, 46:22, 80:30 49:15, 63:19, 63:23, occupied [1] - 48:24 49:22, 49:28, 50:28, 38:16 necessary [3] - 1:5, 9:3, 69:6, 71:9, 74:9, 80:4, 51:16, 51:20, 51:26, occurred [2] - 29:1, 54:18 overview [1] - 40:21 34:15 81:7, 82:16, 86:11 54:7, 54:25, 55:22, odd [1] - 81:8 owe [1] - 47:23 need [5] - 14:9, 14:12, northern [5] - 8:23, 8:27, 56:24, 57:7, 57:25, OF [1] - 1:1 Owen [19] - 16:17, 16:20, 14:15, 58:28, 83:30 58:3, 59:26, 60:27, 9:24, 11:28, 87:7 offence [3] - 3:26, 31:25, 18:12, 18:15, 36:22, [1] 62:28, 63:2, 63:4, needed - 10:14 note [1] - 80:21 31:26 63:19, 73:22, 74:17, 65:26, 70:3, 70:19, negotiation [3] - 41:6, nothing [14] - 8:7, 18:28, offences [1] - 32:25 76:9, 76:20, 76:29, 70:25, 73:7, 73:28, 66:10 20:18, 55:17, 59:16, offer [4] - 20:24, 21:13, 79:6, 80:25, 80:27, 76:14, 76:28, 78:10, negotiations [4] - 9:16, 62:3, 62:25, 89:3, 89:4, 75:3, 75:5 82:11, 82:13, 82:23, 81:3, 83:14, 85:27, 9:22, 33:13, 41:5 89:13, 89:26, 89:27, offered [1] - 66:26 83:3, 83:10 network [6] - 5:18, 7:23, 86:5, 90:3, 90:21, 90:1, 96:14 offering [1] - 66:3 own [24] - 7:13, 13:17, 90:22, 92:16, 93:2, 7:25, 9:27, 22:2, 74:9 notice [4] - 96:7, 96:12, offhand [1] - 95:1 14:17, 20:13, 30:27, 93:13, 93:19, 95:4 never [31] - 6:28, 8:30, 96:15, 96:18 Office [1] - 39:6 33:14, 34:20, 37:10, one-to-one [1] - 14:19 11:20, 19:8, 25:28, November [2] - 91:24, office [2] - 40:3, 44:30 38:25, 38:26, 44:25, one-to-ones [1] - 33:18 27:9, 33:24, 37:5, 91:25 Officer [1] - 17:12 45:22, 46:8, 49:30, ones [5] - 9:29, 24:6, 60:16, 64:12, 66:23, Nuala [3] - 64:30, 65:6, officer [22] - 14:14, 17:2, 50:2, 50:14, 50:16, 66:28, 67:18, 68:7, 67:22 18:5, 18:13, 19:9, 29:17, 33:18, 47:6 50:17, 50:18, 50:24, 68:8, 68:18, 70:24, number [27] - 3:11, 22:26, 19:13, 26:7, 43:21, ongoing [5] - 2:7, 16:10, 67:13, 79:28, 85:17, 71:28, 72:28, 75:14, 24:12, 27:23, 27:29, 67:8, 73:1, 73:4, 74:3, 33:16, 40:27, 64:30 95:13 76:6, 78:19, 78:24, 29:6, 29:15, 30:22, 76:6, 76:28, 83:4, open [2] - 35:23, 59:20 78:30, 82:11, 82:13, 31:7, 38:3, 38:24, 92:19, 93:25, 94:1, openly [2] - 12:30 P 89:13, 90:29 38:27, 42:2, 46:27, 95:5, 95:8, 95:12, 95:16 opens [2] - 30:29, 44:22 nevertheless [2] - 34:8, pace [1] - 56:25 51:10, 52:8, 58:4, 58:5, officers [34] - 8:11, 12:4, operated [6] - 4:28, 24:9, 53:4 58:8, 58:9, 61:11, 12:12, 12:16, 14:16, 38:27, 39:21, 45:26, pack [1] - 25:25 new [2] - 2:11, 89:30 63:28, 70:1, 82:10, 14:19, 14:20, 15:7, 62:6 paid [2] - 50:17, 94:4 Newman [1] - 17:16 84:6, 92:16 17:8, 24:19, 29:9, 30:1, operating [5] - 4:4, 6:17, paper [4] - 13:27, 14:1, Newry [11] - 12:16, 15:3, numbers [4] - 27:25, 34:21, 36:9, 36:28, 10:14, 39:23, 62:7 49:28, 50:3 15:8, 28:5, 30:3, 30:6, 58:15, 58:16, 79:5 37:3, 37:25, 37:27, operation [2] - 27:12, papers [2] - 48:16, 55:13 30:7, 31:10, 35:9, 38:5, 46:27, 47:22, 28:25 parallel [1] - 44:27 36:10, 54:29 O 47:25, 47:26, 61:10, Operational [1] - 58:21 Park [1] - 70:1 Newry-Dundalk [2] - 61:12, 69:23, 73:14, operational [1] - 39:4 parked [2] - 55:25, 55:26 O'Callaghan [3] - 92:5, 35:9, 36:10 75:3, 75:5, 76:19, operations [12] - 3:19, parking [1] - 25:14 93:18, 96:12 newspaper [8] - 65:21, 78:18, 81:5, 87:21 7:3, 12:2, 23:5, 24:10, parking-meter [1] - 25:14 O'CALLAGHAN [2] - 65:26, 66:3, 66:5, officers' [1] - 38:5 24:13, 31:10, 33:15, part [8] - 9:26, 13:10, 63:15, 63:18 66:13, 66:17, 66:24, official [1] - 6:24 39:1, 40:13, 40:22, 21:5, 36:1, 39:10, 41:4, O'Callaghan's [1] - 91:11 85:9 officials [1] - 62:24 80:13 45:15, 80:14 o'clock [5] - 51:20, 51:23, newspapers [8] - 64:26, often [8] - 12:5, 12:18, operator [2] - 58:5, 58:17 particular [24] - 3:1, 3:2, 52:11, 53:14, 77:24 66:8, 66:21, 67:11, 44:14, 44:28, 48:4, operators [1] - 58:8 9:18, 11:15, 14:12, O'Donoghue [1] - 94:18 67:15, 85:1, 85:3, 85:8 57:25, 60:17, 66:30 opportunity [2] - 7:16, 14:26, 16:13, 16:16, O'Loan [2] - 65:1, 65:6 next [6] - 16:11, 52:28, OK [12] - 64:25, 69:12, 60:22 16:19, 20:30, 25:11, O'Loan's [1] - 67:23 59:10, 88:15, 96:5, 72:24, 77:3, 77:21, oppose [1] - 31:24 31:28, 33:2, 42:29, O'SULLIVAN [1] - 91:4 96:22 77:29, 79:22, 82:6, opposed [2] - 19:12, 51:9, 60:19, 61:9,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 10

71:10, 75:19, 84:15, perjured [1] - 73:2 19:9, 19:13, 20:30, pragmatist [1] - 34:29 47:25, 47:26, 76:10 88:10, 93:13, 93:24 permanent [1] - 55:1 25:27, 26:10, 28:7, praise [1] - 43:27 proffer [1] - 83:17 particularly [5] - 15:7, persisting [1] - 26:13 29:9, 30:1, 30:5, 36:29, prawn [1] - 6:24 proffered [1] - 19:5 27:30, 31:21, 38:20, person [5] - 18:23, 31:6, 36:30, 37:3, 37:5, prawn-cocktail [1] - 6:24 profile [2] - 51:14, 86:28 63:24 39:16, 40:15, 88:17 37:15, 37:18, 38:25, preceding [1] - 17:22 programme [1] - 21:30 partition [1] - 6:27 personal [1] - 45:7 38:27, 39:7, 39:27, precise [4] - 4:5, 17:23, programmes [1] - 25:19 partly [1] - 8:10 personally [5] - 35:11, 40:12, 44:28, 45:2, 30:19, 65:3 prominent [1] - 3:23 parts [2] - 44:12, 80:17 63:12, 68:10, 68:11, 47:26, 49:17, 54:25, precisely [2] - 16:26, promise [1] - 37:23 party [3] - 9:15, 89:25, 89:19 54:26, 58:24, 60:26, 30:24 promotions [1] - 37:1 91:2 persons [2] - 27:7, 48:18 65:20, 69:23, 70:15, predated [1] - 9:19 pronouncements [1] - pass [2] - 59:3, 93:6 persuade [1] - 10:28 73:14, 75:3, 75:5, 76:6, predating [1] - 32:12 94:14 passage [2] - 50:13, persuaded [1] - 68:18 78:18, 95:5, 95:8 prefer [1] - 79:21 propaganda [6] - 45:25, 50:16 persuasion [1] - 37:9 Police [2] - 2:27, 74:4 premature [1] - 2:8 45:29, 46:8, 48:7, 63:10 passages [1] - 50:23 Phoenix [1] - 46:20 policies [1] - 73:18 premises [1] - 60:19 properly [2] - 39:25, passed [2] - 28:9, 59:10 phone [7] - 26:2, 79:5, policing [6] - 3:2, 7:6, prepared [2] - 13:27, 65:22 past [4] - 30:7, 30:25, 92:7, 92:10, 92:12, 7:10, 7:11, 20:23, 20:27 67:27 proportion [1] - 10:23 68:5, 77:24 92:13, 92:21 policy [5] - 17:7, 39:2, presence [1] - 54:29 proposal [3] - 9:5, 9:6, 39:3, 40:13, 73:19 patrol [4] - 7:16, 9:27, phones [1] - 26:1 present [3] - 45:17, 48:8, 9:18 22:3, 23:26 photographer [1] - 7:27 politely [1] - 89:2 85:30 proposition [1] - 69:21 patrolled [3] - 60:16, photographers [1] - 8:1 political [20] - 6:13, 6:23, presented [1] - 40:2 propositioned [2] - 19:9, 8:23, 9:15, 31:25, 60:21 phrase [1] - 32:3 presenting [2] - 49:24, 19:15 patrolling [2] - 9:2, 12:17 physical [6] - 22:25, 24:7, 31:26, 32:9, 34:11, 88:17 propositions [1] - 65:7 34:12, 35:4, 35:26, patrols [3] - 8:1, 60:15, 24:8, 29:1, 32:10, 58:2 press [4] - 3:10, 34:3, prosper [1] - 37:10 36:28, 37:12, 37:15, 60:18 physically [3] - 23:2, 48:3, 84:24 protect [3] - 43:22, 44:19, 38:7, 38:16, 38:23, pattern [2] - 29:21, 51:12 82:25, 83:4 pressure [4] - 21:2, 59:24 40:8, 46:25, 80:14 pause [1] - 8:13 pick [2] - 24:29, 25:2 21:11, 21:21 Protestant [1] - 34:25 politically [5] - 6:6, 35:27, Paxman [1] - 86:2 picked [1] - 69:24 presumably [1] - 56:11 protesters [1] - 82:30 36:26, 36:30, 37:12 pay [2] - 8:1, 66:24 picture [8] - 47:3, 49:24, presume [1] - 17:15 prove [1] - 94:30 politicians [8] - 11:4, paying [1] - 19:13 80:9, 80:17, 80:18, pretty [9] - 13:10, 24:2, proven [2] - 50:12, 70:27 38:29, 47:6, 49:27, payouts [1] - 4:27 86:11, 87:28, 87:29 36:8, 44:13, 48:9, provide [2] - 26:22, 39:10 62:15, 62:24, 73:15, penetrating [1] - 40:25 pictures [1] - 23:4 56:13, 61:23, 66:6, provided [2] - 7:15, 76:21 73:18 people [61] - 4:28, 6:16, piece [8] - 13:27, 15:30, 69:22 providing [2] - 21:3, politics [2] - 38:12, 38:17 7:2, 8:24, 9:9, 9:10, 71:21, 72:24, 85:24, prevailed [1] - 80:15 64:26 popular [1] - 25:17 9:14, 11:5, 14:17, 85:25, 86:18 prevent [3] - 12:22, provision [1] - 60:30 position [8] - 7:28, 22:10, 15:22, 16:29, 18:3, pieces [7] - 25:23, 51:1, 37:16, 55:23 Provisional [1] - 4:30 34:14, 55:23, 61:4, 18:9, 22:22, 24:2, 70:6, 71:16, 71:29, prevented [3] - 25:24, provisionals [1] - 83:7 61:8, 73:7, 73:30 24:16, 24:17, 26:5, 86:22, 86:27 43:9, 65:24 Provos [1] - 6:25 possess [1] - 88:23 26:28, 27:5, 28:30, pivotal [1] - 74:10 previous [1] - 51:4 proximity [2] - 60:24, possession [2] - 72:21, 29:25, 29:29, 30:1, place [10] - 4:3, 12:22, previously [2] - 3:12, 61:11 72:22 30:22, 31:7, 31:21, 16:26, 23:21, 26:12, 52:17 proxy [1] - 59:28 possibility [6] - 19:11, 31:22, 31:29, 32:8, 31:2, 40:1, 56:3, 82:29, primarily [1] - 11:24 public [13] - 34:11, 35:4, 27:3, 33:29, 34:4, 32:25, 35:20, 35:28, 84:23 Prime [4] - 8:20, 39:11, 47:4, 52:21, 52:27, 45:29, 96:19 39:13, 40:17, 43:20, places [6] - 4:23, 6:18, 40:2, 41:4 53:9, 68:21, 73:20, possible [15] - 4:13, 44:15, 44:23, 45:12, 11:12, 12:16, 26:14, principal [1] - 15:4 94:13, 94:14, 96:16, 13:26, 45:18, 46:1, 47:15, 47:21, 48:25, 81:16 printed [1] - 46:2 96:20 47:24, 47:27, 48:8, 49:18, 51:13, 57:27, plan [2] - 25:25, 84:21 printing [1] - 65:25 publicly [3] - 6:7, 34:30, 60:22, 62:15, 62:17, 49:20, 49:25, 52:27, plant [1] - 55:8 PRIVATE [1] - 96:26 41:10 62:22, 63:1, 66:13, 53:8, 68:19, 86:30, planted [1] - 60:9 private [6] - 2:7, 52:22, publish [2] - 52:27, 67:5 69:9, 78:16, 79:30, 88:22, 88:23 plate [1] - 58:8 52:25, 53:4, 53:12, published [9] - 46:2, 80:5, 81:17, 86:5, possibly [1] - 66:12 plates [2] - 58:4, 58:5 96:24 63:29, 64:2, 65:14, 89:24, 93:30 post [10] - 29:14, 30:5, play [1] - 21:5 privately [1] - 35:6 65:15, 69:22, 69:24, percent [4] - 28:6, 43:4, 54:21, 54:26, 55:5, pleas [2] - 11:5, 32:7 privy [1] - 71:15 81:29, 84:24 95:7, 95:11 59:19, 59:25, 60:26, pleasantries [1] - 19:2 probe [1] - 71:10 pulled [3] - 40:1, 40:16, perception [4] - 8:27, 64:17 pleased [1] - 47:1 problem [1] - 17:9 67:6 10:4, 11:28, 47:4 postdate [1] - 32:11 point [22] - 13:11, 17:12, problems [4] - 15:25, punch [1] - 65:18 perfect [5] - 44:5, 44:6, posters [1] - 83:10 17:14, 18:8, 21:12, 34:19, 40:27 punters [1] - 4:29 45:6, 56:15, 56:16 posts [4] - 9:7, 21:14, 25:9, 29:2, 31:21, procedures [1] - 52:6 purely [1] - 40:8 performed [1] - 94:14 22:1, 60:7 31:28, 33:2, 33:19, proceed [1] - 90:11 purpose [2] - 21:10, perhaps [4] - 3:24, 22:23, postulating [1] - 27:6 36:17, 45:14, 47:11, proceedings [1] - 52:1 25:30 55:30, 59:13 power [5] - 5:17, 8:25, 55:4, 58:30, 72:6, proceeds [1] - 4:23 purposes [2] - 13:20, peril [1] - 62:18 37:11, 37:22, 61:7 77:18, 88:10, 89:17, process [2] - 41:26, 43:1 69:25 period [12] - 8:15, 9:21, powered [3] - 23:1, 92:18, 95:4 processed [3] - 38:20, pursuing [1] - 2:7 10:16, 17:18, 17:21, 25:24, 38:24 pointed [4] - 3:29, 4:12, 38:21, 38:23 put [15] - 4:22, 22:24, 17:27, 26:6, 31:2, powerful [1] - 70:28 5:20, 77:11 procuring [1] - 25:29 33:22, 42:8, 46:5, 47:9, 63:20, 80:5, 80:15, PR [2] - 8:5, 8:6 points [1] - 43:3 produce [1] - 88:15 48:5, 52:20, 56:1, 58:6, 84:28 practice [2] - 37:4, 66:20 police [50] - 2:25, 7:19, profession [1] - 51:13 65:7, 66:16, 80:5, periodically [3] - 19:22, pragmatic [1] - 35:27 9:14, 11:25, 11:27, professional [4] - 45:16, 83:10, 89:2 31:15, 31:16 pragmatism [1] - 35:4 12:4, 12:26, 15:3, 18:5, putting [4] - 4:29, 21:2,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 11

47:7, 71:16 76:13, 85:16, 86:23, relentless [1] - 6:8 response [6] - 65:6, 14:27, 15:7, 16:14, pyramid [2] - 39:7, 39:26 96:18 relevant [1] - 59:4 65:12, 67:22, 77:4, 17:2, 17:7, 18:11, reasons [7] - 34:11, reliability [2] - 68:4, 77:17, 93:18 19:26, 27:8, 27:20, Q 34:12, 35:27, 44:24, 68:22 responsibility [4] - 12:17, 31:12, 33:25, 34:12, 45:20, 46:8, 82:19 reliable [1] - 65:10 58:22, 58:26, 62:30 34:23, 37:27, 38:22, qualifications [2] - 22:20, reassurance [1] - 35:29 relied [1] - 71:17 responsible [1] - 59:10 44:8, 45:5, 45:21, 23:30 reassuring [1] - 34:30 relies [1] - 70:5 rest [1] - 60:4 46:27, 47:11, 47:22, Queens [1] - 51:16 received [2] - 6:5, 40:20 reluctant [2] - 43:26, restroom [1] - 78:26 54:28, 57:17, 62:13, question-marks [1] - receives [1] - 64:25 72:23 result [3] - 67:6, 69:19, 64:22, 64:23, 65:11, 68:3 receiving [2] - 5:24, 5:25 remain [1] - 14:22 91:20 68:15, 72:10, 72:11, questions [7] - 41:17, recently [2] - 42:1, 65:27 remained [1] - 24:16 resulted [3] - 33:14, 72:15, 73:10, 73:24, 77:9, 84:6, 88:15, 91:2, recognised [4] - 30:8, remains [1] - 80:18 69:28, 69:29 76:19, 76:28, 79:2, 91:4, 91:6 30:10, 34:29, 85:14 remedy [3] - 68:26, 68:27, resulting [1] - 7:4 80:26, 80:28, 81:5, quick [2] - 33:23 recollect [1] - 16:27 68:29 resume [1] - 51:23 81:13, 81:23, 81:25, quickly [2] - 37:23, 59:7 82:30, 86:16, 87:21, recollection [5] - 28:12, remember [26] - 4:5, 5:2, RESUMED [1] - 1:1 quite [24] - 4:6, 4:26, 5:5, 92:19, 93:22, 94:7, 56:12, 79:4, 87:30, 90:1 5:10, 7:14, 17:25, resumes [1] - 54:6 25:1, 25:3, 28:20, 94:13, 94:17 record [3] - 91:16, 92:5, 18:21, 18:28, 20:19, retaliation [2] - 35:2, 29:15, 35:6, 35:22, 96:6 27:22, 27:27, 27:29, 36:16 rule [3] - 44:22, 59:13, 37:19, 40:29, 44:27, 73:2 recorders [1] - 25:17 27:30, 28:17, 29:15, retired [6] - 42:1, 65:27, 45:15, 45:20, 60:7, ruled [1] - 34:4 recounted [1] - 75:15 30:2, 35:13, 44:29, 71:22, 71:25, 84:5, 84:7 60:17, 67:9, 74:10, rumour [7] - 50:1, 71:19, recruit [2] - 93:19, 93:23 48:20, 51:16, 65:1, retirement [1] - 81:8 80:3, 81:23, 82:18, 79:28, 90:9, 90:10, refer [1] - 23:23 65:3, 67:25, 78:29, retrospectively [1] - 47:7 86:13, 86:30 90:16 reference [1] - 27:2 87:19, 88:5 return [2] - 2:10, 95:3 quo [1] - 37:24 rumours [20] - 26:19, referred [5] - 26:10, 29:3, remembered [3] - 20:4, returned [1] - 5:4 35:7, 71:14, 79:29, 57:26, 58:28, 65:5 79:8, 79:16 revealed [1] - 42:30 80:5, 80:8, 86:23, 87:3, R refers [1] - 27:2 remembering [1] - 16:19 rigorous [2] - 11:19, 50:4 [1] 88:3, 88:12, 89:12, racketeering [2] - 5:1, reflected [2] - 15:24, 88:3 Remembrance - 49:7 rigours [1] - 6:20 89:15, 89:26, 89:30, 5:12 reflecting [2] - 47:18, remind [1] - 65:4 ring [1] - 19:8 90:3, 90:4, 90:5, 90:7, 68:24 remit [1] - 39:10 rise [4] - 52:15, 69:28, radio [9] - 7:22, 7:23, 93:29, 94:10 7:25, 10:2, 23:11, reflection [3] - 95:6, remote [2] - 23:12, 25:26 94:16, 94:22 run [2] - 6:17, 40:30 23:14, 25:2, 25:29, 95:15, 95:20 rendered [1] - 59:30 rivalries [3] - 45:7, 45:11 run-up [1] - 40:30 55:28 refuge [1] - 62:7 repeat [1] - 88:10 Road [3] - 22:29, 22:30, rural [1] - 62:17 radios [2] - 25:9, 57:1 regard [5] - 20:25, 26:29, repeated [2] - 6:13, 6:30 30:5 Ryder [26] - 1:9, 2:9, 2:15, raging [1] - 33:7 27:10, 68:13, 70:3 replace [1] - 93:1 road [20] - 27:24, 28:29, 2:30, 13:26, 17:6, railway [3] - 4:6, 22:30, regarded [6] - 5:22, reply [1] - 67:28 29:13, 29:16, 30:6, 36:24, 38:18, 41:16, 59:27 11:23, 35:30, 37:8, Report [1] - 70:1 30:7, 30:13, 30:25, 54:16, 63:18, 69:1, 37:25, 74:15 report [4] - 28:16, 34:7, 54:30, 55:16, 55:20, raise [1] - 88:27 76:24, 77:11, 77:12, regarding [1] - 89:4 40:7, 42:12 55:24, 56:7, 56:9, raising [1] - 68:22 80:21, 83:23, 87:2, regards [1] - 85:24 reported [2] - 39:24, 56:10, 56:14, 58:6, rarely [1] - 15:27 87:14, 88:9, 90:25, regular [8] - 16:17, 17:3, 85:20 60:3, 60:10 rate [1] - 18:7 91:10, 91:11, 96:6, 19:28, 29:12, 55:19, reporting [4] - 26:24, roadside [1] - 58:3 rather [9] - 4:28, 13:22, 96:13 61:13, 86:24 63:1, 63:2, 66:9 robbery [1] - 29:8 43:13, 48:6, 52:11, ryder [5] - 68:3, 78:10, regularly [5] - 11:3, 55:2, reports [3] - 40:19, 42:3, Robert [1] - 51:18 59:19, 61:7, 63:4, 95:6 84:5, 86:4, 88:17 59:25, 62:23, 78:16 68:11 role [1] - 64:15 RE [1] - 91:8 RYDER [2] - 2:1, 54:3 rehearsed [1] - 70:17 representations [5] - rolled [1] - 30:11 RE-EXAMINED [1] - 91:8 Ryder's [3] - 2:5, 54:10, reinforcing [1] - 33:14 12:25, 31:19, 31:30, Romeo [3] - 22:28, 23:27, reached [1] - 33:25 96:7 reaction [1] - 34:24 relate [1] - 2:5 32:1, 53:3 57:26 representatives [1] - 4:24 read [13] - 26:27, 50:2, relates [1] - 65:16 Ronnie [12] - 64:30, 65:6, S 58:4, 58:5, 64:5, 65:16, relating [3] - 43:14, 86:6, Republic [6] - 4:1, 10:27, 65:11, 65:18, 66:12, 67:22, 69:12, 80:22, 86:19 36:16, 93:30, 94:2 67:7, 67:26, 68:13, safe [1] - 24:16 82:2, 93:10, 93:11, relation [30] - 2:9, 3:13, Republican [1] - 78:17 68:15, 68:21, 68:27, safety [1] - 60:28 94:21 3:18, 6:5, 20:20, 20:21, republicans [1] - 4:19 68:28 sake [1] - 36:20 readily [1] - 85:14 20:24, 22:8, 27:15, required [2] - 2:11, 15:15 Ronnie's [2] - 67:22, salmon [1] - 6:25 real [5] - 6:15, 8:4, 36:6, 28:26, 31:14, 32:1, research [3] - 88:14, 68:17 sat [2] - 18:20, 34:3 36:7, 40:11 33:6, 33:28, 36:21, 89:1, 90:15 room [2] - 24:7, 24:10 satisfied [1] - 66:18 reality [1] - 6:8 46:3, 47:30, 49:26, residence [1] - 4:3 rooms [4] - 23:5, 23:26, Saturday [1] - 28:16 really [16] - 5:28, 7:2, 50:6, 52:18, 53:1, 57:1, residue [1] - 33:4 24:5, 24:13 saved [2] - 43:9, 76:30 60:29, 61:17, 63:12, 7:26, 8:11, 10:12, resist [1] - 49:19 roots [1] - 94:30 saw [6] - 3:11, 7:14, 17:23, 18:25, 58:30, 71:14, 92:23, 94:23, resisted [1] - 21:21 rotten [1] - 29:28 22:22, 76:14, 87:28 96:8, 96:13 59:5, 63:4, 71:4, 80:17, resolving [1] - 20:28 round [1] - 65:19 scanners [4] - 25:5, 25:8, 84:17, 87:12, 88:30, relations [2] - 34:26, resources [3] - 10:4, route [2] - 60:23, 60:25 57:4, 57:14 94:13 94:5 10:7, 88:29 routed [1] - 26:8 scene [5] - 27:26, 27:27, realtime [1] - 59:3 Relations [1] - 2:28 respect [13] - 14:12, routes [2] - 33:1, 60:9 28:2, 29:3, 87:21 relationship [2] - 15:2, reason [18] - 16:19, 26:4, 45:22, 52:14, 75:13, Royal [1] - 76:22 scene-of-crime [1] - 29:3 76:10 30:23, 46:10, 50:14, 77:4, 77:17, 78:25, RUC [64] - 3:8, 8:11, 8:14, scenes [1] - 82:10 relationships [1] - 14:20 52:21, 64:28, 68:16, 79:27, 80:22, 82:2, 10:10, 11:17, 12:11, scheduled [1] - 1:8 relatively [1] - 57:6 69:9, 72:8, 75:17, 82:3, 87:14, 96:23 12:12, 13:7, 13:8, scheme [1] - 5:3 75:29, 76:2, 76:12, relatives [1] - 11:5 respecting [1] - 19:26 13:11, 14:16, 14:19,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 12

Scotland [4] - 3:20, 4:10, settling [1] - 34:20 93:11 93:23, 94:1, 94:3, 94:4, statement [19] - 10:18, 6:1, 94:1 seven [6] - 25:20, 48:28, slight [1] - 20:20 94:8 16:9, 23:23, 34:16, scrambling [1] - 82:29 84:8, 84:9, 86:25 slightly [4] - 8:25, 33:24, South [8] - 9:26, 22:7, 36:2, 36:25, 37:30, screened [1] - 60:8 seventies [7] - 6:2, 8:17, 69:8, 69:11 32:19, 62:4, 62:21, 48:30, 67:25, 67:27, scrutiny [2] - 44:21, 63:7 17:26, 29:14, 32:21, slippages [1] - 43:14 62:22, 62:24, 73:19 68:21, 68:29, 77:3, second [3] - 2:10, 71:21, 56:26, 57:2 slow [1] - 58:6 south [14] - 15:2, 26:16, 80:22, 91:20, 91:25, 96:10 several [1] - 37:21 small [2] - 30:21, 54:26 46:26, 46:28, 48:28, 91:26, 94:15, 96:14 secrecy [2] - 41:12, 41:13 share [2] - 7:25, 42:14 smoked [1] - 6:25 51:3, 55:15, 60:3, 61:5, statements [4] - 47:5, secret [2] - 42:25, 44:20 sharing [1] - 42:7 smoked-salmon [1] - 61:13, 61:28, 73:15, 48:4, 49:28, 69:28 Secretary [2] - 38:30, Sheepbridge [1] - 30:12 6:25 93:23 States [1] - 21:24 39:12 shock [1] - 76:3 smuggling [1] - 9:9 southern [12] - 7:3, 7:7, states [2] - 69:17, 78:25 security [30] - 3:3, 8:23, Shogun [1] - 48:13 snap [1] - 55:2 7:11, 10:5, 10:16, stating [3] - 72:30, 75:11, 9:2, 9:23, 10:13, 10:20, shoot [2] - 47:9, 51:17 social [2] - 20:17, 81:6 20:27, 21:5, 32:8, 78:3 11:17, 12:27, 19:27, shooting [2] - 29:15, socialists [1] - 6:25 32:30, 54:27, 62:5, station [6] - 4:6, 26:23, 21:24, 31:5, 32:22, 87:19 socially [2] - 83:14, 93:4 80:13 28:5, 54:26, 70:15 33:6, 33:30, 35:16, shops [1] - 25:6 soldier [1] - 7:28 speaking [1] - 94:12 Station [9] - 15:8, 34:1, 38:9, 39:8, 39:19, short [3] - 7:20, 55:26, soldiers [1] - 23:29 special [1] - 11:23 36:4, 49:26, 70:8, 39:23, 39:28, 40:21, 91:6 solicitor [4] - 80:21, Special [10] - 18:11, 30:8, 70:23, 71:18, 72:14, 41:1, 49:23, 62:26, shortly [2] - 27:1, 87:4 83:21, 83:22, 96:15 42:6, 42:13, 43:21, 92:8 73:19, 80:11, 80:14, shouted [1] - 30:11 solid [1] - 46:13 44:14, 74:4, 74:11, stations [3] - 12:6, 14:26, 78:18, 94:7 80:25, 93:28 show [1] - 7:17 someone [6] - 30:24, 25:27 Security [2] - 38:30, showed [2] - 5:5, 7:25 39:18, 45:20, 78:17, specialist [2] - 23:29, status [1] - 37:24 25:6 93:29 shrewd [1] - 74:15 78:21, 85:28 stay [1] - 60:1 specific [14] - 15:20, see [11] - 28:5, 43:10, side [40] - 5:13, 7:3, 7:7, sometime [4] - 56:1, stayed [3] - 2:22, 61:30, 46:7, 46:8, 48:15, 7:11, 7:17, 8:8, 8:27, 74:18, 74:19, 91:18 16:8, 40:20, 40:29, 77:27 43:14, 62:29, 71:14, 55:17, 59:11, 72:10, 8:28, 9:14, 9:24, 10:5, sometimes [11] - 12:15, stealing [1] - 10:29 78:7, 84:26, 87:10 10:11, 10:16, 11:4, 13:2, 15:16, 15:17, 86:16, 87:14, 87:16, steer [1] - 46:12 seeing [4] - 24:18, 42:25, 11:28, 15:16, 20:28, 15:29, 28:6, 56:4, 69:9, 88:27, 90:22, 94:22 steered [1] - 68:15 43:6, 43:8 21:5, 21:8, 21:11, 73:21, 81:16, 95:13 specifically [10] - 7:6, step [1] - 20:20 seeking [1] - 77:6 21:16, 21:20, 28:29, somewhat [1] - 22:10 35:14, 36:20, 51:15, stick [1] - 49:16 82:13, 85:18, 88:1, seem [1] - 6:22 30:6, 32:9, 32:30, son [1] - 51:29 sticks [1] - 18:29 88:7, 88:9, 94:9 sell [1] - 67:17 45:26, 46:14, 46:30, soon [1] - 52:25 still [11] - 17:8, 24:23, specificity [2] - 14:13, send [2] - 35:28, 35:29 49:22, 49:28, 54:27, sophisticated [7] - 5:16, 33:7, 33:16, 37:4, senior [15] - 12:14, 13:8, 56:9, 56:10, 60:10, 25:8, 25:16, 56:26, 40:19 43:28, 52:1, 56:28, 13:13, 17:2, 18:10, 63:4, 63:5, 80:10, 80:13 57:4, 75:13, 75:14 speculate [2] - 89:10, 78:7, 78:8, 84:10 94:5 37:3, 37:6, 37:8, 40:2, sides [4] - 8:9, 9:4, 10:14, sore [3] - 31:21, 31:28, stop [2] - 10:29, 11:7 51:11, 74:3, 74:11, 80:24 33:2 speculation [4] - 26:19, stopped [1] - 7:21 33:28, 34:3, 76:18 78:17, 87:21, 94:1 sieve [2] - 31:10, 32:2 sorry [7] - 1:4, 8:13, store [1] - 4:7 sensitive [7] - 13:6, signals [4] - 23:14, 23:20, 13:14, 17:28, 52:3, spelled [1] - 15:27 stories [10] - 19:4, 19:10, 15:26, 22:15, 24:17, 24:1, 24:29 54:29, 74:19 spend [1] - 75:29 26:13, 26:21, 64:26, spent [1] - 2:20 24:24, 26:14, 40:23 significance [3] - 18:29, sort [42] - 5:20, 7:30, 8:3, 66:8, 66:22, 74:28, sensitivity [3] - 15:15, 79:24, 79:25 12:3, 17:27, 19:2, 19:5, sphere [1] - 11:21 76:3, 76:7 26:3, 52:23 significant [5] - 29:6, 19:27, 20:6, 23:21, spinning [1] - 4:26 Stormont [2] - 39:21, sent [1] - 34:5 49:9, 71:30, 82:18, 24:9, 24:12, 24:15, sponsored [1] - 21:23 39:22 sentences [1] - 65:16 82:22 25:3, 25:8, 25:15, spot [1] - 29:7 story [18] - 5:7, 20:23, sentiment [1] - 36:25 Simon [1] - 86:2 29:25, 30:10, 31:13, spots [1] - 56:12 21:10, 43:11, 46:5, sentries [1] - 24:8 simply [1] - 75:15 33:23, 35:16, 35:30, sprung [1] - 95:6 63:4, 65:14, 65:25, sentry [1] - 59:28 Siochana [21] - 8:14, 37:2, 38:10, 40:26, spurious [1] - 92:16 65:29, 66:25, 66:27, September [1] - 72:10 10:2, 11:16, 12:11, 41:7, 46:25, 49:30, spying [1] - 75:26 66:30, 67:3, 67:5, sequence [1] - 28:19 15:9, 18:13, 34:2, 50:21, 61:15, 63:7, squeeze [1] - 9:3 67:17, 89:29, 92:13, Sergeant [2] - 79:6, 84:5 35:18, 36:27, 41:22, 74:13, 78:24, 81:9, staff [1] - 39:9 93:5 series [2] - 9:5, 70:16 42:18, 72:11, 73:10, 81:20, 84:28, 88:2, Staff [1] - 17:12 straight [2] - 12:6, 32:27 serious [6] - 9:5, 11:8, 73:23, 79:3, 80:29, 93:2, 93:5, 94:10, stage [10] - 3:24, 18:18, strange [3] - 75:27, 75:28 43:29, 58:22, 68:3, 81:5, 81:13, 82:24, 94:29, 95:22 28:19, 30:4, 58:3, strategic [1] - 40:21 68:22 93:24, 94:8 sorts [8] - 6:16, 9:2, 23:7, 59:26, 66:7, 75:3, 76:1, stress [1] - 43:2 seriously [2] - 68:24, sit [3] - 43:19, 53:13, 42:19, 45:8, 64:14, 96:16 stretch [8] - 27:24, 29:13, 94:30 53:14 71:2, 94:9 stages [1] - 51:8 29:16, 31:3, 54:18, served [1] - 2:26 sitting [3] - 59:1, 77:12, sought [1] - 68:14 stand [4] - 63:8, 95:7, 55:3, 56:14, 59:20 Service [1] - 93:30 96:24 soul [1] - 78:15 95:15, 95:21 Strike [2] - 32:16, 32:20 services [4] - 39:8, 39:19, situation [8] - 10:20, sound [2] - 23:17, 94:20 standing [1] - 7:28 strike [2] - 11:10, 94:19 39:29, 93:28 26:28, 31:13, 38:12, source [10] - 3:20, 4:18, start [2] - 1:5, 83:30 strong [5] - 11:28, 26:4, serving [1] - 85:28 48:1, 49:26, 83:29, 86:9 27:9, 27:13, 30:30, started [3] - 50:1, 79:28, 35:27, 53:2, 56:19 SESSION [1] - 96:26 situations [2] - 34:30, 43:22, 43:23, 76:21, 79:30 stuck [3] - 19:15, 19:20, set [6] - 25:18, 26:20, 35:5 78:23, 93:20 starting [1] - 52:6 79:15 48:27, 49:5, 60:10, six [4] - 56:4, 84:8, 84:9, sourced [1] - 10:26 startling [1] - 18:29 stuff [2] - 9:9, 94:11 77:13 86:24 sources [13] - 3:21, 9:15, State [1] - 38:30 subject [3] - 16:10, 84:15, sets [3] - 11:22, 42:13, skill [1] - 45:16 20:26, 21:7, 44:19, state [3] - 62:7, 74:26, 86:17 57:9 skimmed [2] - 69:13, 45:21, 62:12, 66:19, 96:5 subjected [2] - 50:4, 63:6

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 13 subjects [1] - 37:15 46:4, 46:18, 58:9, 59:6 there'd [1] - 75:7 30:27 3:4, 8:9, 11:22, 11:27, submarine [1] - 24:14 systemic [1] - 43:1 There'll [1] - 19:6 travelled [2] - 51:3, 94:2 12:25, 12:26, 17:4, suborned [2] - 26:4, 26:5 thereafter [2] - 87:4, 87:5 travelling [2] - 28:28, 18:3, 18:9, 22:25, subsequently [5] - 5:22, T therefore [2] - 15:2, 53:11 51:30 26:19, 29:2, 31:15, 30:26, 49:3, 49:4, 74:26 thinking [1] - 66:25 treason' [1] - 83:11 32:17, 34:26, 38:20, taboo [1] - 24:21 substance [6] - 40:11, thinks [2] - 32:15, 63:2 treated [1] - 15:15 48:18, 49:18, 51:23, tacit [1] - 31:26 87:23, 88:12, 90:10, third [2] - 65:18, 66:9 trends [1] - 40:25 51:28, 51:30, 53:14, tactical [1] - 58:26 90:16, 90:27 third-hand [1] - 66:9 trials [1] - 25:22 54:30, 60:12, 65:16, talkies [3] - 25:2, 57:1, such-and-such [2] - 13:1, thread [1] - 26:20 tribunal [1] - 86:26 70:5, 71:16, 71:29, 57:9 20:1 threat [1] - 62:19 TRIBUNAL [4] - 1:1, 73:28, 74:22, 74:23, TAOR [1] - 58:27 77:9, 84:13, 85:19, suffering [1] - 61:25 three [7] - 7:18, 34:26, 53:16, 54:1, 96:26 TAORs [1] - 58:26 suggest [3] - 85:8, 85:12, 42:14, 77:9, 77:24, Tribunal [42] - 2:6, 3:11, 86:16, 87:15, 87:16, 86:4 tap [2] - 26:1, 26:6 87:4, 91:27 12:3, 17:7, 22:8, 22:17, 87:21, 88:9, 89:20, tape [5] - 27:23, 27:26, 90:28, 90:29, 96:5 suggested [2] - 82:11, throw [2] - 47:24, 47:27 26:24, 26:30, 29:5, 27:27, 28:13, 29:3 type [2] - 58:8, 58:14 92:7 tighten [1] - 10:29 46:15, 47:8, 50:15, targeted [6] - 26:20, typed [1] - 58:16 suggesting [6] - 70:28, tightrope [1] - 36:18 50:29, 52:9, 55:14, 30:23, 50:14, 50:23, typical [1] - 27:20 71:30, 72:13, 87:2, tilted [1] - 4:27 58:13, 69:16, 69:28, 51:15, 92:17 87:23, 90:25 timer [2] - 5:17, 25:20 70:4, 70:17, 71:5, task [1] - 62:29 suggestion [3] - 46:18, timers [2] - 25:14 71:13, 72:9, 72:18, U taxi [1] - 4:22 80:1, 89:19 tip [3] - 69:19, 71:23, 72:19, 72:24, 75:18, tease [2] - 73:6, 90:21 UDR [1] - 11:1 suggestions [1] - 26:15 72:26 79:19, 79:22, 83:17, teased [1] - 69:25 Ulster [2] - 32:20, 76:22 suited [1] - 5:14 tip-off [3] - 69:19, 71:23, 83:18, 84:16, 86:17, tec [1] - 22:3 ultimately [3] - 21:19, sum [1] - 66:24 72:26 86:19, 87:9, 88:20, technical [12] - 22:20, 21:20, 39:4 summaries [1] - 39:11 tipped [1] - 70:13 89:8, 91:13, 91:16, 23:22, 25:11, 56:25, 91:28, 94:15, 95:29 unable [2] - 16:26, 60:21 summer [2] - 29:18, TO [1] - 54:3 unarmed [1] - 10:9 57:23, 70:7, 70:21, Tribunal's [1] - 3:14 65:20 Toby [8] - 69:4, 69:24, 71:17, 72:12, 92:6, uncover [1] - 11:14 Sunday [10] - 2:20, 5:7, 70:5, 71:17, 72:17, tribunals [1] - 86:26 92:11, 92:20 uncovered [2] - 43:29, 5:27, 19:12, 49:7, 72:25, 72:28, 72:29 trick [1] - 65:5 technically [1] - 23:10 43:30 65:21, 66:5, 67:3, 67:5, today [4] - 1:8, 2:9, 45:3, tried [3] - 32:25, 45:30, technicians [2] - 46:16, under [6] - 21:11, 53:12, 85:5 87:15 93:19 46:17 55:6, 59:26, 62:18, Sunningdale [1] - 32:16 together [9] - 18:23, tripods [1] - 23:1 Telecom [1] - 26:5 96:11 Sunny [1] - 48:24 29:20, 38:28, 40:1, trouble [2] - 15:6, 61:29 Telegraph [9] - 2:22, Under [3] - 3:7, 26:11, Superintendent [7] - 40:16, 71:29, 73:29, Troubles [8] - 3:25, 69:1, 69:4, 69:5, 85:6, 81:29 17:11, 17:29, 65:28, 76:14, 93:6 10:17, 63:23, 63:30, 85:18, 85:21, 92:29, understood [5] - 5:25, 69:18, 82:4 toilet [3] - 74:27, 78:26, 74:12, 79:29, 80:15, 93:1 20:26, 21:1, 23:17, 25:5 superintendents [2] - 78:27 85:29 telephone [8] - 26:12, unfortunately [2] - 17:12, 33:19, 33:21 tolerate [1] - 8:30 trucker [1] - 57:7 26:21, 33:22, 46:3, 74:5 supply [3] - 10:25, 25:22, toll [1] - 61:25 true [10] - 38:1, 46:22, 46:4, 46:16, 57:3, 87:21 unfounded [1] - 80:8 62:7 tomorrow [3] - 52:5, 52:8, 52:30, 63:11, 72:2, telephoned [1] - 70:16 unhealthy [2] - 37:13, support [1] - 68:30 52:11 72:5, 72:6, 72:9, 78:6, televisions [1] - 23:4 80:8 37:14 suppose [9] - 45:10, took [9] - 8:20, 16:26, temptation [1] - 49:19 Unionist/Loyalist [1] - 45:11, 47:11, 48:3, 17:16, 31:2, 49:30, trundled [1] - 59:26 ten [2] - 2:24, 25:21 34:28 69:27, 78:3, 79:11, 50:1, 79:28, 82:29, trust [6] - 11:27, 12:29, Unionists [1] - 37:18 79:22, 94:13 tend [2] - 37:10, 94:11 84:23 13:3, 13:5, 14:21, 80:29 tended [2] - 38:9, 49:27 United [1] - 21:24 supreme [1] - 34:29 top [4] - 22:26, 39:6, trusted [1] - 11:29 units [2] - 5:17, 58:27 surface [1] - 73:1 term [1] - 22:17 39:26, 59:6 trustworthiness [1] - terms [11] - 7:9, 7:11, unity [1] - 34:12 surfaced [1] - 64:14 total [2] - 47:19, 48:25 20:8 12:28, 13:3, 14:14, University [1] - 51:17 surprise [1] - 83:9 totally [2] - 46:23, 79:9 trustworthy [2] - 19:26, 19:25, 54:28, 76:10, unless [2] - 68:10, 68:29 surprised [2] - 36:8, touch [1] - 53:4 65:10 81:26, 86:19 unlike [1] - 79:22 36:26 touting [1] - 66:8 truth [6] - 35:7, 48:5, terribly [1] - 33:20 50:5, 50:8, 70:26, 90:7 Unsung [1] - 64:6 surveillance [8] - 22:6, towards [4] - 30:13, 51:3, terrorism [1] - 45:27 untrue [2] - 78:20, 90:23 22:24, 22:25, 39:30, 60:4, 80:27 truthful [1] - 77:28 Tesco [1] - 4:7 unusual [8] - 55:17, 55:6, 55:19, 56:13, 58:2 tower [2] - 56:11, 57:25 try [13] - 10:28, 15:14, test [2] - 68:8, 89:29 20:22, 21:9, 21:16, 74:30, 75:2, 75:5, 75:6, suspect [3] - 14:7, 58:11, towers [9] - 9:30, 22:1, 75:21, 86:17, 86:21 76:2 testimony [1] - 68:6 22:4, 22:9, 22:12, 21:24, 32:8, 32:24, up [44] - 4:3, 6:11, 10:29, suspected [1] - 56:3 tests [1] - 50:5 22:16, 24:5, 55:7, 57:21 43:5, 45:17, 47:23, THE [10] - 1:1, 41:19, 47:27, 62:9 15:18, 17:19, 17:24, suspects' [1] - 57:15 town [2] - 4:8, 4:9 53:16, 54:1, 63:15, trying [13] - 15:30, 20:2, 19:4, 19:28, 20:6, suspicion [5] - 31:4, traction [1] - 80:1 83:25, 91:8, 96:2, 96:26 28:15, 28:18, 46:12, 20:22, 20:23, 20:30, 31:9, 67:29, 80:19, traffic [2] - 57:17, 57:18 21:24, 24:29, 25:2, 90:14 themselves [4] - 12:12, 62:11, 65:5, 66:21, trail [1] - 10:22 26:20, 28:30, 30:13, suspicions [1] - 29:25 42:15, 48:8, 50:19 67:17, 69:15, 71:10, training [2] - 21:3, 62:8 30:24, 30:29, 33:1, suspicious [2] - 15:12, THEN [2] - 96:2, 96:26 88:20, 93:23 transacting [1] - 76:1 33:13, 35:1, 39:9, 59:14 theoretical [1] - 63:11 Tuesday [2] - 34:1, 34:16 transaction [1] - 66:6 40:30, 41:29, 43:22, sweep [1] - 55:16 theories [7] - 26:25, tunnelled [1] - 94:30 transcripts [1] - 53:6 47:10, 56:4, 59:6, SWORN [1] - 2:1 70:16, 70:20, 71:3, turn [3] - 7:6, 50:8, 78:9 transfer [1] - 76:11 60:10, 60:11, 65:23, system [14] - 37:28, 42:6, 71:7, 71:14, 92:16 turned [2] - 49:29, 78:7 transparent [1] - 35:23 68:9, 69:25, 78:9, 42:21, 43:3, 44:5, 44:6, theory [4] - 26:26, 27:2, twelve [1] - 52:10 travel [3] - 30:16, 30:20, 81:13, 83:10, 85:30, 44:26, 44:27, 45:6, 27:6, 70:21 two [46] - 1:8, 2:5, 2:9,

Doyle Court Reporters Ltd. Smithwick Tribunal - 8 December 2011 - Day 63 14

91:11, 91:21, 96:4, 20:4, 27:22, 27:27, 30:2 wife [2] - 27:28, 83:13 88:4, 89:24 96:17, 96:20 voiced [2] - 29:25, 90:14 willing [1] - 88:25 young [1] - 48:19 upcoming [1] - 40:27 volatile [1] - 36:18 willingness [2] - 32:9, youngest [1] - 51:29 upwards [1] - 58:28 volunteer [1] - 75:22 32:10 yourself [7] - 41:28, usual [1] - 81:12 volunteering [1] - 47:16 window [2] - 22:4, 30:11 67:19, 83:17, 88:17, utterly [1] - 19:12 vulnerable [2] - 59:23, wire [2] - 55:25, 55:28 89:21, 89:23, 91:18 59:30 wish [1] - 51:20 V withdrawn [1] - 5:29 £ W WITHDREW [1] - 96:2 vaguely [1] - 3:22 £50,000 [3] - 65:26, 66:3, withhold [1] - 15:13 VALENTINE [13] - 1:7, waiting [1] - 73:4 66:24 witness [6] - 1:10, 83:17, 2:2, 2:4, 2:15, 14:11, [2] walk - 36:18, 75:2 94:19, 96:5, 96:22 41:16, 51:25, 54:6, walkie [3] - 25:2, 57:1, WITNESS [5] - 41:19, 83:29, 91:6, 91:8, 57:9 63:15, 83:25, 91:8, 96:2 91:10, 96:4 walkie-talkies [3] - 25:2, witness-box [1] - 1:10 Valentine [1] - 82:6 57:1, 57:9 witnesses [4] - 1:8, 1:9, valuable [2] - 76:21, Wallace [1] - 12:8 17:9, 76:8 76:22 wants [1] - 13:23 wonder [4] - 2:17, 5:30, varied [3] - 8:19, 11:26, war [1] - 45:27 7:7, 25:9 92:16 warfare [1] - 24:3 wondering [1] - 66:2 variety [2] - 23:13, 82:18 wariness [8] - 8:10, words [8] - 6:10, 8:28, various [20] - 2:24, 9:14, 12:11, 15:19, 31:9, 8:29, 36:17, 75:7, 75:9, 21:7, 23:7, 24:9, 27:24, 73:10, 73:13, 73:15, 75:10, 88:5 30:1, 33:19, 39:13, 80:19 wore [1] - 25:15 42:7, 44:11, 51:8, warning [1] - 65:22 Workers' [2] - 32:15, 55:22, 57:15, 66:8, wary [4] - 14:17, 14:23, 32:20 66:18, 70:12, 70:20, 15:11, 45:30 works [4] - 3:4, 37:19, 89:24 WAS [5] - 2:1, 41:19, 37:28, 63:10 vehicle [6] - 7:21, 48:17, 63:15, 83:25, 91:8 world [4] - 42:25, 44:20, 48:23, 55:26, 58:12 wash [2] - 62:9, 62:11 45:9, 66:13 vehicles [6] - 10:8, 48:27, washing [1] - 94:20 worries [1] - 12:24 56:7, 58:10, 58:11, watch [8] - 9:30, 22:1, worry [3] - 12:20, 59:16, 59:28 22:4, 22:9, 22:12, 59:17 veracity [2] - 65:28, 68:17 22:16, 24:4, 25:18 worth [3] - 66:29, 66:30, verifiable [1] - 49:16 watching [2] - 60:18, 76:26 versa [1] - 80:27 60:19 Wright [1] - 42:12 versions [1] - 70:12 watchtowers [2] - 9:28, wringing [1] - 94:21 vetted [1] - 53:7 56:18 write [14] - 3:18, 5:11, vice [1] - 80:27 waved [2] - 30:9, 30:10 13:24, 13:27, 15:30, victims [1] - 28:21 wavelengths [3] - 23:18, 20:23, 84:15, 86:18, video [2] - 25:14, 25:17 23:20, 23:23 86:22, 86:26, 87:30, view [9] - 8:2, 8:20, waves [1] - 23:17 89:28, 90:11 28:25, 36:6, 36:7, ways [4] - 22:25, 25:17, writer [1] - 2:24 45:14, 46:24, 46:25, 35:23, 73:21 writing [8] - 21:10, 69:26, 47:19 weaknesses [2] - 42:30 85:17, 85:25, 85:26, viewing [1] - 56:20 wealth [1] - 70:30 86:24, 90:2, 93:8 vigorous [7] - 6:30, 7:1, week [3] - 12:9, 52:28, written [15] - 2:24, 3:12, 7:17, 8:4, 9:25, 10:12, 53:9 14:1, 27:1, 43:12, 44:9, 32:28 weeks [1] - 92:4 67:25, 67:27, 82:5, village [1] - 48:15 weigh [3] - 43:6, 43:22, 85:5, 85:13, 87:1, 88:4, violence [4] - 6:26, 7:5, 71:5 88:5, 88:28 20:28, 21:6 well-informed [2] - 26:29, wrote [11] - 3:6, 5:7, 6:22, violent [1] - 34:24 27:10 24:18, 27:13, 64:28, VIP [1] - 55:15 WENT [1] - 96:26 65:14, 86:30, 88:13, virtual [1] - 61:27 Weston [1] - 69:30 90:12, 95:5 virtually [5] - 10:16, whatsoever [1] - 88:24 54:29, 55:5, 60:13, whereas [3] - 27:10, Y 62:30 38:12, 55:27 visible [3] - 9:8, 10:9, white [3] - 27:23, 28:13, Yard [4] - 3:20, 4:10, 6:1, 22:4 29:3 94:1 vision [3] - 56:21, 56:27, whole [9] - 9:5, 9:27, year [2] - 2:11, 87:4 56:30 15:28, 31:9, 36:9, 43:1, years [22] - 2:16, 2:19, visit [2] - 2:10, 22:11 43:3, 59:6, 70:16 2:26, 3:23, 17:22, visited [3] - 22:26, 61:12, wickedly [1] - 30:23 22:27, 34:26, 35:13, 62:16 widely [3] - 27:4, 67:4, 41:13, 63:6, 63:20, vital [3] - 70:5, 71:16, 67:9 70:12, 74:12, 76:23, 71:21 widespread [2] - 36:8, 78:20, 84:8, 84:9, vividly [6] - 16:30, 17:25, 66:20 84:13, 86:25, 87:5,

Doyle Court Reporters Ltd.