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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 Dill

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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 Dill 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 Freddie Scappaticci: Niall Mooney, BL Pauline O'Hare Instructed by: Michael Flanigan Solicitor For Kevin Fulton: 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. JEFFREY DONALDSON EXAMINED BY MRS. LAVERTY 2 1 CROSS-EXAMINED BY MR. O'CALLAGHAN 20 2 CROSS-EXAMINED BY MS. O'HARE 80 14 CROSS-EXAMINED BY MR. McGUINNESS 81 1 RE-EXAMINED BY MRS. LAVERTY 91 8 Smithwick Tribunal - 9 December 2011 - Day 64 1 1 THE TRIBUNAL RESUMED ON THE 9TH OF DECEMBER, 2011, AT 2 12 P.M. AS FOLLOWS: 3 4 MRS. LAVERTY: The first witness this morning is 5 Mr. Jeffrey Donaldson, MP. 6 7 CHAIRMAN: Thank you, Mrs. Laverty. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 2 1 JEFFREY DONALDSON, HAVING BEEN SWORN, WAS EXAMINED BY MRS. 2 LAVERTY AS FOLLOWS: 3 4 MRS. LAVERTY: Good morning, Mr. Donaldson. 5 A. Morning. 6 1 Q. Mr. Donaldson, I think that you are a Member of Parliament 7 for the constituency of Lagan Valley and you have been so 8 since 1997, is that correct? 9 A. Correct. 10 2 Q. And that I think possibly over your career, from a young 11 age, you have been involved in politics in one form or 12 another? 13 A. Yes. 14 3 Q. And you are familiar with the terms of reference of this 15 Tribunal? 16 A. I am. 17 4 Q. And I think that you had a contribution to make at one 18 stage into the establishment of the Tribunal in that you 19 spoke in the House of Commons in relation to one particular 20 aspect of the Tribunal. And I think that you were the 21 person who mentioned, among other people, who mentioned 22 Mr. Owen Corrigan by name? 23 A. That's correct. 24 5 Q. Now, just leading up to that, I think that -- am I correct 25 in thinking that your connection with Breen and Buchanan 26 sort of went back a long way prior to you finally standing 27 up in the House of Commons and making a speech about it? 28 A. That is correct, Chairman. Bob Buchanan had lived in 29 Moira, which actually was my home village at the time, and 30 his family, many of them would live in my constituency, so Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 3 1 at a constituency level I had an interest in the case, but 2 these were two senior, the two most senior police officers 3 murdered by the IRA in the course of what we know as the 4 Troubles. I have a particular interest in the south Armagh 5 area; I have lost two cousins, both RUC, who were murdered 6 by the IRA in south Armagh, so I have always taken a 7 particular interest in that area and, of course, in the two 8 murders that we have mentioned. 9 6 Q. Did you attend the funerals? 10 A. No, I didn't, no. 11 7 Q. Was there any talk in the aftermath as to how this event 12 may have been set up or may have occurred? 13 A. Yes, I think I was out of the country at the time of the 14 funerals but in the aftermath there was, of course, press 15 speculation and there would have been discussion in 16 political circles about how the two most senior officers, 17 at that time to have been killed, would have lost their 18 lives in these circumstances, and some of that speculation 19 would have been around the potential that someone inside 20 the Garda in Dundalk may have passed information to the IRA 21 that assisted them in the execution of these murders. 22 8 Q. Did these rumours die down after a while or did they 23 persist intermittently over the years, the suggestion that 24 perhaps there was a Garda involvement? 25 A. Well, the suspicions and the concerns did not diminish for 26 those of us who continued to take an interest in the 27 matter. In the public eye, of course, events would have 28 overtaken this. 1989 moved rapidly into 1994 and the first 29 IRA ceasefire and the beginnings of what we know as the 30 Peace Process, so over a period of time, and indeed, sadly, Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 4 1 with other murders having occurred, public interest may 2 have moved on but certainly for a number of us who maintain 3 an interest in this kind of thing, the suspicion, the 4 concern was still there. 5 9 Q. Now, I think that you were deeply involved in the 6 negotiations in the Weston Park Agreement, is that correct? 7 A. That's correct. 8 10 Q. Which brought about, in fact, this Tribunal and several 9 Tribunals in the North. And I take it that your concern 10 was the Breen and Buchanan case and the Gibson case at the 11 time, so your concern had continued over the years. Now, 12 when did you, again, focus your attention on this 13 particular murder? 14 A. My interest did continue and at the time of the publication 15 of a book by a journalist who I knew, a journalist for the 16 Daily Telegraph, Toby Harnden, a book entitled Bandit 17 Country, he, in that book, provided information and 18 accounts relating to a number of incidents involving south 19 Armagh Provisional IRA. I wasn't involved in the book 20 prior to its publication, but I was very interested in what 21 Mr. Harnden had covered in the publication of the book, and 22 indeed I subsequently met with him after yards to discuss 23 some of the issues that he had raised in his book. So, I 24 suppose, that refocused some of my own attention on these 25 issues and raised concerns or reignited concerns that I had 26 had for a long time. 27 11 Q. Mm-hmm. And did something else precipitate you into taking 28 action subsequent to the publication of the book? Did 29 something else encourage you to take an even closer look at 30 it? Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 5 1 A. Well, after the publication of the Harnden book I was 2 approached by William Fraser, who is a victims' campaigner 3 from the south Armagh area; he has lost a number of his own 4 family members, including his father, murdered by south 5 Armagh PIRA. I had met William many times over the course 6 of the years to discuss issues relating to the welfare of 7 victims in south Armagh, but he approached me and he said 8 that he would like to introduce me to someone who may be 9 able to provide information additional to that which had 10 been published in the Harnden book, and so I arranged to 11 meet this individual at the Houses of Parliament in London. 12 The individual, it transpired, was a person known 13 publically as Kevin Fulton. I am aware of his real name 14 and family background. 15 12 Q. I think that has been used in the public? 16 A. Yes. 17 13 Q. So, in fact, it's Peter Keeley, aka Kevin Fulton? 18 A. Correct, yes. 19 14 Q. And in what capacity was he introduced to you? 20 A. He was introduced to me as someone who had been an agent 21 working for the security forces, who had infiltrated the 22 Provisional IRA and had a strong inside knowledge of the 23 Provisional IRA in the County Louth and south Armagh areas. 24 15 Q. Can you recall approximately when you would have met him? 25 A. It would have been, I think, early in 1999, from 26 recollection. It was not long after the publication of the 27 Harnden book, but I don't -- I have checked -- I had an 28 electronic dairy at the time but I am afraid I lost a lot 29 of data from the diary and I haven't got the specific date.
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