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 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 - 9 December 2011 - Day 64 1

1 THE TRIBUNAL RESUMED ON THE 9TH OF DECEMBER, 2011, AT

2 12 P.M. AS FOLLOWS:

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4 MRS. LAVERTY: The first witness this morning is

5 Mr. Jeffrey Donaldson, MP.

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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 .

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.

30 16 Q. But you believe sometime early in --

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 6

1 A. Well, sorry, late 1999 or early 2000, it would have been.

2 17 Q. I see. And what did he tell you at the time?

3 A. He introduced himself and his background, gave me a bit of

4 his story. He told me that he had been recruited into, to

5 become an agent when he had joined the , the

6 . He was, I think, based in Germany

7 after his initial training in Ballymena in County Antrim,

8 and that he had been recruited and had decided, after

9 consideration, to become an agent and to infiltrate the

10 IRA. He had strong family background in the area

11 and, obviously, someone in authority felt his family

12 background would make it easier for him to infiltrate into

13 the Provisional IRA. So he gave me that background. He

14 then went on to talk, in general terms, about the Breen and

15 Buchanan murders because he knew of my interest in

16 particular in that, and the murders of Lord and Lady

17 Gibson, and he said that he had information which would

18 link a member of the Garda with the passing of information

19 to the IRA at the time of the murder of the two senior

20 police officers.

21 18 Q. Did you consider this to be of significance to your

22 position as a public representative?

23 A. I considered it to be highly relevant and of significant

24 interest, but I wanted to be sure that the person I was

25 talking to was who he said he was before I took the matter

26 any further.

27 19 Q. And what steps did you -- how many times did you meet him,

28 as a matter of interest?

29 A. Twice. I met him a number of times since, but in advance

30 of the comments I made in the House of Commons I met him

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 7

1 twice.

2 20 Q. And what steps did you take, then, to verify what he may

3 have told you or his position or his identity or his

4 credibility, put it like that?

5 A. Well, I spoke with a senior member of the security forces,

6 who I had reason to believe would have knowledge of such

7 matters, and sought to confirm that Fulton was who he said

8 he was, and that was confirmed to me.

9 21 Q. That he was an agent?

10 A. That he was an agent of the security forces.

11 22 Q. Yes. And were you told any other information about him?

12 A. No.

13 23 Q. Was it suggested to you at the time, as has been suggested

14 on many occasions here, that he was a fantasist or making

15 up stories?

16 A. No.

17 24 Q. Or an intelligence nuisance?

18 A. No.

19 25 Q. Walter Mitty is another expression that has been --

20 A. Indeed, and that was not a term used in the conversation

21 that I had with the senior member of the security forces.

22 26 Q. Can you tell the Tribunal who the senior member of the

23 security forces was?

24 A. Chairman, I am willing to write the name on a piece of

25 paper and give it to you but I am not willing to give that

26 information orally because this person is still alive and I

27 would not want to impart that information pubically.

28 27 Q. In the event that you do pass on the, and hopefully you

29 will pass on the name of the senior member of the police

30 force to the Chairman, obviously it may be necessary -- or

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 8

1 the security forces -- it may be necessary for the Tribunal

2 to contact him and ask if he is willing to give evidence?

3 A. Well, it's a matter for the Tribunal.

4 28 Q. I see. Do you want to -- is he somebody, first of all for

5 the benefit of the public, was he somebody whose judgement

6 and evaluation of the situation would be without question?

7 A. In my opinion, yes.

8 29 Q. In your opinion. So, being told that Kevin Fulton was an

9 agent from this particular person in the security services

10 assured you that he was who he said he was?

11 A. I was content that this senior member of the security

12 forces would have been in a position to answer that

13 question and I was content with the response that I

14 received from that person.

15 30 Q. Did you inquire as to the credibility of Kevin Fulton at

16 the time?

17 A. I did not go into the specifics of Kevin Fulton's role

18 because I believed that to have pressed that matter at that

19 time would have potentially compromised this member of the

20 security forces, and in the end my interest was in

21 determining whether or not Kevin Fulton was who he said he

22 was. I then had to make judgements based on that and based

23 on what Fulton was telling me, as to what was in the public

24 interest and how I should act thereafter. I was not

25 interested, at that stage, in probing further with the

26 security forces because, obviously, the security forces had

27 the task of pursuing any investigation as to criminal

28 activity that may have arisen in terms of the allegations

29 that were being made.

30 31 Q. Do you expect that if there had been serious considerations

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 9

1 about credibility at that time, that you would have been

2 told about it by the member of the security forces?

3 A. Well, I shared with that member of the security forces the

4 outline of what Fulton had told me and I would have

5 expected that the -- if there was a major issue about

6 credibility, I might have been told about it.

7 32 Q. Yes. You would expected a tip-off, in other words, or to

8 have your cards marked, in the vernacular?

9 A. I would.

10 33 Q. Because of the information you were running by the member

11 of the security forces?

12 A. Yes.

13

14 CHAIRMAN: I think I should have the name of the person in

15 the security forces. Thank you very much, Mr. Donaldson.

16

17 (Name is written down and handed to the Chairman.)

18

19 MRS. LAVERTY: Now, did you have -- you said that you had

20 meetings subsequently with Mr. Fulton. Was that before or

21 after your speech in the House of Commons?

22 A. I had two meetings with Mr. Fulton before my speech in the

23 House of Commons. I have had several meetings since then

24 with him over a period of years.

25 34 Q. Yes, we will come back to your speech -- perhaps we will

26 deal with your speech in the House of Commons now,

27 Mr. Donaldson. I think that it was actually quite well

28 paraphrased in the Camon-Kirwan report as well, but I think

29 that referring to your speech, which was made on 13th of

30 April, 2000, do you have a copy of it there?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 10

1 A. I do, yes.

2 35 Q. I think that we can go down to, perhaps, the last

3 paragraph, Mr. Mills, there, and you say: "Having

4 conducted my own extensive inquiries since the book was

5 published, I believe that there is" -- I presume you are

6 referring there to Bandit Country by Toby Harnden?

7 A. I am.

8 36 Q. "... I believe that there is an overwhelming case for an

9 independent public inquiry into the reasons why Chief

10 Superintendent Harry Breen and Superintendent Bob Buchanan,

11 two of the most senior RUC officers to die during the

12 Troubles, were murdered near Jonesboro as they returned

13 from a meeting with Irish police in Dundalk on 20th of

14 March 1989. Superintendent Buchanan lived at Moira in my

15 constituency. The meeting that he and Chief Superintendent

16 Breen attended was arranged only on the morning of the day

17 in question and took place at 2 p.m. How did the IRA know

18 about a meeting involving such senior officers and the

19 timing of their return to ? In particular,

20 an independent and public inquiry should examine the

21 evidence that Owen Corrigan, a retired Detective Sergeant

22 now living in Drogheda, passed information to the IRA. On

23 the morning on which he died, Chief Superintendent Breen

24 expressed concern about Sergeant Corrigan's known IRA

25 sympathies. Why was action not taken by the Irish police

26 to prevent sensitive information from falling into his

27 hands? Mr. Harnden's book alleges that the RUC had

28 technical information gleaned, one presumes, from the

29 watchtowers in south Armagh, that proved that the IRA was

30 contacted from within Dundalk Garda Station on the day on

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 11

1 which Chief Superintendent Breen and Superintendent

2 Buchanan were murdered. There are questions that need to

3 be answered about how the IRA attained the information that

4 enabled them to murder those two senior police officers.

5 Several other murders in south Armagh could also have

6 involved collusion between Garda officers and the IRA."

7

8 And I think you go on, then, to refer to the Lord Chief

9 Justice Gibson and Lady Gibson murders, which took place on

10 25th of April, 1987. And you deal in the next paragraph

11 with the Hanna murders, which happened on the 23rd of July,

12 1988. You again raise issues that you feel need to be

13 dealt with, and in that one you say:

14 "Could it be that a Garda source was driving an unmarked

15 car and had made a mistake in identifying the Hanna vehicle

16 as that of Judge Higgins?"

17 And you raise further queries about that which are not part

18 of our remit, obviously.

19

20 You go on then and you refer to a pending case against

21 Sergeant Finbarr Hickey, who has been charged with false

22 possession of passports, and you refer to another IRA

23 member. And at the end of that speech, you, having raised

24 the possibility of Garda collusion in the deaths of Lord

25 Chief Justice Gibson and Lady Gibson, you pose the

26 question: "Did Sergeant Corrigan have access to

27 information relating to Judge Higgins' movements?"

28 And you also say: "The murder of 18 members of the

29 Parachute Regiment near Warrenpoint County Down was also

30 mentioned in the context of the destruction of evidence by

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 12

1 the Irish police."

2 So this was another one of your concerns. Now, this is a

3 matter that is going to be dealt with very shortly because

4 it's an issue where rumours have circulated that may or may

5 not be completely unfounded. What information did you have

6 about Warrenpoint at the time, and the destruction of

7 evidence?

8 A. The information that I had was of a general nature and

9 suggested that there was potential forensic evidence at the

10 firing point on the southern side of the border that could

11 have been of use to the RUC in pursuing their investigation

12 of these murders, and that such forensic evidence, a) had

13 not been shared with the RUC; and b) potentially was

14 destroyed.

15 37 Q. Yes. And so that was a general criticism of the southern

16 police force at the time?

17 A. Well, I would want to be clear, Chairman, that I have a

18 very high regard for the Garda Siochana and I have never

19 sought to blacken the name of the Force because of the

20 actions of some individuals, and I have never pubically

21 stated that the Garda itself, in any systemic way, was

22 involved in collusion. My concern was about the actions of

23 individual members of the Garda who may have, through

24 either acts of omission or acts of commission, assisted the

25 IRA in their campaign. And in the instance of Narrow

26 Water, I was concerned that evidence that could have been

27 of use to the RUC, or indeed the Garda themselves, in

28 pursuing their investigation of what was the largest loss

29 of life on the part of the British Army in ,

30 that evidence had not emerged.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 13

1 38 Q. And I presume that by including this in your speech, you

2 are reflecting concerns of your constituents?

3 A. Yes.

4 39 Q. Is that correct?

5 A. I recall the day of the Narrow Water bomb. My parents'

6 home where I was living at the time was not far from

7 Warrenpoint. I heard the explosions, the two explosions,

8 and I suppose I had taken a personal interest in Narrow

9 Water, but it would be of interest to my constituents, of

10 course, in a general way, just as there are interests in

11 relation to the other cases that I raised in my comments in

12 the House of Commons.

13 40 Q. You refer to having a personal interest in the Narrow

14 Water --

15 A. Yes.

16 41 Q. -- massacre, really. So, therefore, you would have been

17 investigating any information that came in surrounding

18 this. At any stage, did you hear a -- was a named Garda

19 singled out?

20 A. No.

21 42 Q. And I assume that if there had been, because of your

22 personal interest, you would have heard it?

23 A. I would have hoped that that might have been the case, but

24 not necessarily always.

25 43 Q. Yes. But it may have surfaced at some stage?

26 A. Indeed.

27 44 Q. Indeed. Now, I think to come back to your statement in the

28 House of Commons, I think you also said, for the sake of

29 completeness, that you had asked the minister, Mr. Ingram,

30 about a recent bombing at Lisnarick, County Fermanagh, and

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 14

1 in a supplementary question you said the following:

2 "I thank the minister for his answer. He will be aware of

3 the case of" -- a particular named IRA person -- "who has

4 been identified as a leader of Continuity IRA. He was

5 employed by the Department of Foreign Affairs in Dublin as

6 a consultant working alongside aid agencies in Croatia and

7 is alleged to have been involved in gun running activities.

8 What representations has the Northern Ireland office made

9 to the Department of Foreign Affairs on this matter and on

10 the allegations of collusion involving retired Sergeant

11 Owen Corrigan of the Garda, which I understand are

12 currently being investigated?"

13

14 Now this was actually months later, on the 20th of December

15 2000, that you raised this supplementary question. And the

16 minister replied in the following way:

17 "The question raised by the honourable gentleman is a

18 matter for the Irish Government. I understand, however,

19 that investigations by the Garda into arms importations

20 from Croatia are continuing. Clearly, there will be close

21 cooperation and discussions between the Garda Siochana and

22 the RUC will continue. We cannot comment on current

23 investigations. Furthermore, it would not be appropriate

24 to comment on an individual who has not been convicted of

25 any offence."

26

27 So, on two occasions, in April and in December of that

28 year, in the House of Commons, you raised your concerns and

29 you mentioned, inter alia, ex-Detective Sergeant Owen

30 Corrigan on two occasions. Now, were you ever approached,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 15

1 either between the first speech you gave and the second, by

2 the authorities in the North to ask you the basis for these

3 allegations?

4 A. No.

5 45 Q. Were you subsequently at any stage ever questioned by the

6 authorities in the North?

7 A. No.

8 46 Q. Has anyone ever asked you about this?

9 A. No.

10 47 Q. Prior to today?

11 A. No.

12 48 Q. Yet, you were indicating that you had some information.

13 Were you ever approached by the authorities in the south to

14 ask you for the basis of your assertion in the House of

15 Commons?

16 A. No.

17 49 Q. Does that surprise you?

18 A. One of the reasons why I felt it was important to press for

19 an independent public inquiry was for the very reason that

20 I believed these issues were not being adequately pursued

21 by those whose responsibility it was to pursue them. It

22 surprised me, it disappointed me, but it did not deter me

23 in my determination to press for that inquiry.

24 50 Q. And was it -- was that for that reason that you were

25 pushing the Breen and Buchanan murders and the Gibson

26 murders then, when you entered into the Weston Park

27 discussions?

28 A. It was, and bearing in mind that after the publication of

29 the Harnden book I was told that there was a review of

30 these murders being undertaken by the RUC and the Garda

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 16

1 Siochana, so I was aware that someone was looking into

2 these matters and I indicated my willingness pubically to

3 assist in whatever way I can. But I remained focused on

4 what I could do as a public representative because, for me,

5 the issues here were broader than just the question of

6 convictions. The issue of collusion was one that I felt

7 could not be left to a matter of judicial proceedings; that

8 it warranted and merited an independent public inquiry.

9 51 Q. I think that on a subsequent occasion you referred to the

10 Omagh Bomb in the House of Commons and you referred

11 specifically to Patrick Joseph 'Mooch' Blair, is that

12 correct?

13 A. That is correct.

14 52 Q. And Mr. Blair gave evidence here very recently and he was

15 asked -- it was put to him that Kevin Fulton had basically

16 accused him of involvement in the making of the Omagh Bomb,

17 and he agreed, and it was put to him that that had led to

18 an inquiry being carried out in the North, firstly into how

19 the investigation into the Omagh Bomb was handled and then

20 subsequently into an investigation by the Ombudsman, Nuala

21 O'Loan, and he agreed with all of that, and he also said

22 that at no stage has he ever been questioned by the

23 authorities in the North or the south, he sometimes resides

24 in the south and sometimes in the North and at no stage has

25 he ever been queried about serious allegations that had

26 been made about him by you in the House of Commons, he has

27 never been asked about them. Again, does that surprise

28 you?

29 A. It does.

30 53 Q. Yes. In the response by Sir Ronnie Flanagan to the

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 17

1 Ombudsman report, I think in 2003, he categorically stated

2 that Patrick Joseph 'Mooch' Blair was never a suspect in

3 the . Are you aware of that?

4 A. I am.

5 54 Q. Yes. Yet it seems he was never questioned about it?

6 A. It would seem so.

7 55 Q. Yes. Do you have any observations to make on that, or

8 would you prefer not to?

9 A. Well, I, like these other matters we have referred to

10 earlier, have taken an interest in the Omagh Bomb and in

11 the subsequent investigations, and I cannot explain, and am

12 not in a position to explain, why someone against whom

13 public allegations have been made has not been questioned

14 by the authorities about those allegations. I am not in a

15 position to explain why that would be the case.

16 56 Q. Now, I think that you said that you met Kevin Fulton on

17 further occasions after you gave your speech in the House

18 of Commons, and can you tell the Tribunal what was the

19 nature of those meetings?

20 A. Again, they would have been to discuss specific cases in

21 which Fulton had indicated he had some knowledge, two in

22 particular were of interest to me and I pursued those with

23 Kevin Fulton, and indeed on one occasion Kevin Fulton met

24 with representatives of the families of the victims in

25 those two cases to talk about the knowledge that he had of

26 the circumstances surrounding the murders of their loved

27 ones. So that was the nature of my continuing engagement

28 with Kevin Fulton.

29 57 Q. Was his information of assistance to the victims' families?

30 A. I believe it was.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 18

1 58 Q. Did he, at that stage did he ever discuss his reasons for

2 speaking to you?

3 A. In my discussions with Kevin Fulton, it became clear to me

4 that he was someone who had been asked to fulfil a

5 particular role, but he had concerns for the people who had

6 been -- who had become victims as a result of the

7 activities of the IRA during the period in which he was a

8 member and had knowledge of incidents that included murder,

9 and whether it was a matter of conscience for him, he may

10 be able to answer that, I do not want to pretend to speak

11 for him, but I sensed -- at no stage during all of this

12 period did Kevin Fulton ask for anything for himself. It

13 was only in, I think, 2005, that he first raised with me an

14 issue that he had in relation to a pension but that was

15 totally unconnected to the cases we had previously dealt

16 with; it was a matter relating to his own personal

17 circumstances at that time.

18 59 Q. Was it a matter that had just arisen at that time?

19 A. It was.

20 60 Q. In the two instances that you have described where he

21 assisted the families of victims, was there any -- was that

22 was matter ever published?

23 A. The meetings was facilitated by a senior journalist, but

24 that senior journalist did not publicise the facts of the

25 discussions that took place.

26 61 Q. So these were private meetings?

27 A. They were.

28 62 Q. Yes. Did you know about the statement given, the statement

29 made by Alan Mains the day after the murders? He was Harry

30 Breen's Staff Officer and he was just -- just to remind

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 19

1 you, I don't know whether you know that or not, it was a

2 statement where Harry Breen expressed concerns about a

3 member of the Garda in Dundalk whom Mr. Mains said was

4 Mr. Corrigan?

5 A. I became aware of the concerns that Harry Breen had

6 expressed on the morning of his meeting in Dundalk after

7 the publication of the Harnden book. I did not become

8 aware of the identity of the officer who had made a

9 statement to that effect until after the talks at Weston

10 Park.

11 63 Q. I see. Did you know that there was -- you said you were

12 aware of the concerns that Harry Breen had on the day. How

13 would you have known about that?

14 A. It would have been talked about around the time of the

15 funeral and subsequently.

16 64 Q. You weren't there I think for the funerals?

17 A. No.

18 65 Q. So it must have been subsequently?

19 A. But around the time of the funeral there would have been,

20 in political circles there would have been mention of this.

21 66 Q. Yes. When you made your speech in the House of Commons,

22 were you aware that there was a statement, a formal

23 statement taken from Alan Mains?

24 A. No.

25 67 Q. As part of the murder inquiry?

26 A. No.

27 68 Q. That does not appear to have seen the light of day until

28 about the year 2000?

29 A. No.

30 69 Q. Thank you very much, Mr. Donaldson.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 20

1

2 THE WITNESS WAS CROSS-EXAMINED BY MR. O'CALLAGHAN

3 AS FOLLOWS:

4

5 70 Q. MR. O'CALLAGHAN: I appear for retired Detective Sergeant

6 Owen Corrigan, I just have to ask you some questions.

7 Mr. Donaldson, if what you said about Owen Corrigan is

8 incorrect, would you agree with me that you have done him a

9 grave injustice?

10 A. The statements that I have made are based on information

11 that has been given to me as a public representative and I

12 believe that I have acted in accordance with my

13 responsibility and in the public interest. I make no

14 apology for that. If, in the end, the information that has

15 been given to me is disproved, then Detective Sergeant,

16 retired, Owen Corrigan would be entitled to feel aggrieved

17 about that.

18 71 Q. And would you believe at that stage that you, by naming him

19 in the House of Commons in the way that you did, in fact

20 did a grave injustice to that man?

21 A. No.

22 72 Q. Do you not agree with me that suggesting that a member of a

23 police force had colluded in the murder of other members of

24 a neighbouring police force, when that turned out to be

25 false, do you not agree that that is a most grave

26 allegation to make?

27 A. It is a serious allegation, but the purpose of this inquiry

28 is to get to the truth of the information that was imparted

29 to me and has been imparted to others. I am content to

30 leave it to this inquiry and to see what conclusion is

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 21

1 reached.

2 73 Q. But if you are incorrect about him, wasn't that man done an

3 injustice by your comments?

4 A. I do not believe so, because my motivation in raising this

5 issue in the House of Commons was to ensure that issues of

6 concern that were brought to me, were brought into the

7 public domain to strengthen the case for the holding of an

8 independent public inquiry.

9 74 Q. As a member of parliament, one of the great privileges you

10 have is the privilege to speak out and not to be taken

11 before any court, isn't that correct?

12 A. That is correct.

13 75 Q. Are you aware of the historical provenance of that

14 privilege that parliamentarians in London have?

15 A. Indeed.

16 76 Q. And it derives from the Bill of Rights in 1689, isn't that

17 correct?

18 A. It does.

19 77 Q. And it is an ancient and historic right that British

20 parliamentarians have?

21 A. That's correct.

22 78 Q. In order to enable them to speak out against interferences

23 in them carrying out their public duties?

24 A. It is.

25 79 Q. And would you agree with me that with that great power

26 comes a great responsibility on Members of Parliament?

27 A. Indeed, indeed.

28 80 Q. And would you agree with me that to make a statement in the

29 House of Commons that a member of the police force, who had

30 never been convicted of a criminal offence, had been

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 22

1 involved in a murder, that is a very grave allegation to

2 make?

3 A. It is.

4 81 Q. And from your experience as a parliamentarian, are you

5 aware of any other circumstance where such an allegation

6 was made against an individual who had not ever been

7 convicted of an offence?

8 A. Yes.

9 82 Q. Could you please tell the Chairman about that?

10 A. Well, there are a number of senior members of the IRA who

11 have been named in the House of Commons in the past, some

12 of them who have not been convicted of offences, including

13 the entire membership of the IRA Army Council.

14 83 Q. Are you aware of any police officer who was named in the

15 House of Commons as being involved in a criminal offence

16 and involved in murder when he had never been convicted of

17 anything?

18 A. I have not researched the matter.

19 84 Q. Can we say to the Chairman that as far as you are aware,

20 you are not aware of any other such example?

21 A. I have not researched the matter.

22 85 Q. But you are not aware of any example, isn't that so?

23 A. Not offhand, but I am sure if I researched, we could find

24 the answer to that question. We are talking about the

25 proceedings of parliament going back to 1689. That is a

26 long period of time. I don't know if during that period of

27 time a police officer has been named in connection with a

28 serious offence such as murder. I would not be surprised

29 if it hadn't occurred previously.

30 86 Q. Your interest in the murders of Chief Superintendent Breen,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 23

1 Superintendent Buchanan and the allegation of Garda

2 collusion was reignited after the publication of

3 Mr. Harnden's book, is that correct?

4 A. Yes.

5 87 Q. And the speech you made in the House of Commons, I just

6 want to refer to a couple of parts of it, if I may. In the

7 third paragraph of your speech, Mr. Donaldson, you state

8 that "Having conducted my own extensive inquiries since the

9 book was published, I believe that there is an overwhelming

10 case for an independent public inquiry."

11 Can you outline for the Chairman what were those extensive

12 inquiries that you conducted?

13 A. Well, first of all, the extensive inquiries relate to all

14 of the matters contained within the book and not just

15 specifically the cases of the murders of Harry Breen and

16 Bob Buchanan, and that is clear from the full content of my

17 speech. The comment about "extensive inquiries" relates to

18 all of the matters that I raised during the course of my

19 speech and not just the Breen and Buchanan case. I spoke

20 to Toby Harnden, the author of the book, at length about

21 the detail contained within his book. I also spoke with

22 others who generally, at a political level, who would have

23 had an interest in such matters, and I spoke to a senior

24 member of the security forces whom I believed would have

25 knowledge about these matters.

26 88 Q. So, am I to take it, therefore, that there were three

27 aspects to your extensive inquiries: First, you spoke to

28 Mr. Harnden about the book, is that so?

29 A. Correct.

30 89 Q. Secondly, you spoke to the senior security source about the

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 24

1 book --

2 A. Correct.

3 90 Q. -- on the allegations. Thirdly, there were others, and

4 would included within them be Mr. Fulton?

5 A. Well, I spoke to Mr. Fulton before I spoke to the senior

6 member of the security forces, but, of course, he would be

7 one of those to whom I spoke.

8 91 Q. And of those three or four sources for your extensive

9 inquiries, how many of them named Owen Corrigan?

10 A. Kevin Fulton.

11 92 Q. So the basis for you putting Owen Corrigan's name out into

12 the public domain in the House of Commons was exclusively

13 the information you were given by Kevin Fulton?

14 A. Other sources referred to an unnamed Garda within Dundalk

15 police station, Kevin Fulton was the only person who named

16 that individual, which is why I took the step of checking

17 that Kevin Fulton was who he said he was, so that I could

18 be clear in my own mind, in coming to a judgement about how

19 I should act in the public interest, that I knew who I was

20 dealing with.

21 93 Q. And am I to take it, Mr. Donaldson, that after you spoke to

22 the senior member of the security forces, you got

23 verification in respect of Kevin Fulton's bona fides, if I

24 can put it that way?

25 A. Yes.

26 94 Q. Did you ask the senior member of the security forces

27 whether he was aware of any Garda collusion in the killing

28 of Chief Superintendent Breen and Superintendent Buchanan?

29 A. We would have had a general discussion about that.

30 95 Q. What did he say to you?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 25

1 A. I cannot recall his exact words and I am not going to

2 paraphrase what he said.

3 96 Q. Did he suggest to you that Fulton was probably right or did

4 he suggest that he didn't know whether Fulton was right?

5 A. He didn't suggest either.

6 97 Q. OK. So, he didn't give you any corroboration in terms of

7 what Mr. Fulton had said to you about Owen Corrigan, is

8 that fair to say?

9 A. I didn't seek it.

10 98 Q. OK. But he didn't give you any corroboration?

11 A. I didn't seek it.

12 99 Q. Should you not have sought it?

13 A. No, because my objective was to determine how I should act

14 in the public interest in relation to this matter. I was

15 not in the business of going to the police and saying "what

16 are you investigating? How are you investigating? Why are

17 you investigating?" My role, as a public representative,

18 was to determine whether the information, or the person who

19 was imparting this information to me was who he said he

20 was.

21 100 Q. So I take it from that, Mr. Donaldson, that your interest,

22 when you were speaking to the security forces officer, was

23 primarily on Mr. Fulton to try and establish his

24 reliability as opposed to trying to establish the

25 reliability of the information he had given you?

26 A. Indeed, and with a view to subsequently speaking to

27 Mr. Fulton to ascertain more detail about his knowledge of

28 the events surrounding the murders of Harry Breen and Bob

29 Buchanan.

30 101 Q. Did you not ask this senior security officer as to whether

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 26

1 or not Kevin Fulton, back in 1989, when he alleged he was

2 working as an agent, whether or not he had passed on his

3 information about this Garda collusion to the security

4 forces?

5 A. We had a general discussion about the information that had

6 been imparted to me by Kevin Fulton, but I did not

7 cross-examine this senior security force member on the

8 detail of all of this.

9 102 Q. I wouldn't have expected you to cross-examine him,

10 Mr. Donaldson, but did the senior security force member say

11 to you "Oh, I remember that because back in 1989 Fulton

12 reported to us that in fact there was Garda collusion", did

13 he say anything like that to you?

14 A. I do not recall that having been said to me in those terms.

15 103 Q. With the benefit of hindsight, Mr. Donaldson, do you think

16 it might have been better had you probed the accuracy of

17 Mr. Fulton's information as opposed to simply the

18 reliability of Mr. Fulton as a person?

19 A. I am a public representative, not a public prosecutor. My

20 role is to determine what is in the public interest. It is

21 the job of this Tribunal to probe the veracity of what

22 Kevin Fulton told me. I have simply stated on the public

23 record, and since, that I want these matters to be inquired

24 into further and in the end, for the truth, hopefully, to

25 be established.

26 104 Q. But, Mr. Donaldson, by naming Owen Corrigan in the House of

27 Commons, you did become the public prosecutor of Owen

28 Corrigan?

29 A. No, I became the public representative because I believe

30 the information that had been given to me, it was in the

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 27

1 public interest that this information should be made public

2 for the purpose of supporting the case for an independent

3 public inquiry.

4 105 Q. Mr. Donaldson, I don't disagree with you that it is in the

5 public interest for you to put this information into the

6 public domain, but where I do disagree with you is, I say

7 to that you there was absolutely no necessity to name Owen

8 Corrigan in your speech to the House of Commons. Would you

9 agree with that?

10 A. No, I would not. That is a matter of judgement. It is a

11 matter for me, as a public representative, to make a

12 judgement. I am elected to do that. I have a mandate to

13 do that. The people I represent expect me to make

14 judgements on their behalf. I should point out since then

15 I have been re-elected to the House of Commons on three

16 occasions, so I guess I enjoy a confidence of the majority

17 of the people whom I represent, and they make their

18 judgement on the judgements that I make. It is a judgement

19 that I have to make as a politician and it is not a

20 judgement that I am making sitting in a court of law, it is

21 not a judgement that I am making considering whether there

22 should be a prosecution. It is a judgement as to what I

23 believe to be in the public interest. I came to the

24 conclusion, based on the information that was presented to

25 me by Kevin Fulton, that it was in the public interest to

26 make this -- bring this information into the public domain

27 in support of the case for an independent public inquiry.

28 I do not resile in any way from that decision.

29 106 Q. Mr. Donaldson, why was it necessary to name Owen Corrigan?

30 A. I believe it was necessary because there had been rumour

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 28

1 and talk of collusion for some time surrounding this case.

2 There had been calls over a long period of time for the

3 matter to be further investigated, and I felt that it had

4 reached the stage where we needed to bring into the public

5 domain some of the evidence that was available to support

6 the need for that inquiry. I made the judgement, and it is

7 my judgement --

8 107 Q. Oh, absolutely --

9 A. -- that in naming Owen Corrigan, I was demonstrating that

10 there was evidence that was important and relevant and

11 strengthened the case for the holding of such an

12 independent public inquiry. That was my judgement. I made

13 that call. I do not regret making that call. I believe

14 that in making that call, it enhanced the realisation of

15 the holding of this Tribunal of Inquiry.

16 108 Q. I suggest to you, Mr. Donaldson, that your answer, in

17 effect, means that you used Mr. Corrigan as bait to try and

18 get a public inquiry established?

19 A. No, I used the evidence that had been given to me as the

20 justification for the necessity to hold a public inquiry.

21 109 Q. And that information was solely based on what was said to

22 you by Kevin Fulton, isn't that correct?

23 A. No, it was not. The need for a public inquiry was informed

24 by a variety of different things that had occurred. This

25 inquiry is not just on the issue, nor would I want the

26 inquiry just to be on the issue of one individual; it is

27 broader than that, and I said so in the Houses of

28 Parliament in my speech, and there were questions that

29 needed to be answered; those questions are not just the

30 issue as to the conduct of retired Detective Sergeant Owen

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 29

1 Corrigan. So this was not a question of trying to get at

2 an individual; it was a question of getting to the truth of

3 how two senior police officers had met their death in the

4 circumstances that they did.

5 110 Q. My question, Mr. Donaldson, was that your source for naming

6 Owen Corrigan, not the general allegations, your source for

7 naming Owen Corrigan was exclusively Kevin Fulton, isn't

8 that so?

9 A. Well, I am not alone in coming to the conclusion that that

10 evidence was important.

11 111 Q. That is not the question I asked you, Mr. Donaldson.

12 A. It may not be but I am going to answer it.

13 112 Q. Sorry, here I ask the questions and you answer them?

14 A. And I am trying to answer, if you will let me. I was not

15 the only person who came to the conclusion that Kevin

16 Fulton's evidence was important in that respect. And when

17 I read the Cory Report, I noted that Judge Cory, in his

18 conclusions, said "I have concluded that the documents that

19 he had access to reveal evidence that if accepted could be

20 found to constitute collusion" and he specifically, in the

21 same paragraph, referred to "the Fulton statement." I have

22 also, in following the proceedings of this inquiry, I

23 believe that it is generally accepted that the statement

24 made by Kevin Fulton was a tipping point in bringing Judge

25 Cory to the conclusion that there should be an inquiry. So

26 I am not alone in reaching the conclusion that Kevin

27 Fulton's evidence is very important in justifying the need

28 for this inquiry.

29 113 Q. Mr. Donaldson, it's a very simple question I asked you and

30 I am going to ask it to you again: Your only source for

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 30

1 naming Owen Corrigan in the House of Commons was Kevin

2 Fulton, isn't that correct?

3 A. The only source of the name at that time that I had was

4 Kevin Fulton.

5 114 Q. Yes. Thank you very much.

6 A. But it is not the only -- he was not the only person who

7 was saying that there was Garda collusion; there were

8 others saying that.

9 115 Q. I am only here representing Mr. Corrigan. The only person

10 who mentioned to you the name Owen Corrigan was Kevin

11 Fulton?

12 A. As I have stated previously.

13 116 Q. OK, yes. Can I ask you, did you read Kevin Myers' article,

14 as well, in The Irish Times which was published on the 10th

15 March 2000?

16 A. No.

17 117 Q. Have you read it recently in light of it --

18 A. I am aware of it, yes.

19 118 Q. You are aware of it, because Mr. Myers mentioned a number

20 of other murders in Northern Ireland which very closely

21 correlated with the murders you mentioned in your speech in

22 the House of Commons, are you aware of that?

23 A. Yes.

24 119 Q. And I think as a result of Mr. Myers' article, your then

25 party leader, David Trimble, wrote a letter to Bertie

26 Ahern, who was Taoiseach at the time, raising issues about

27 what was contained in Mr. Myers' article. Were you aware

28 of that, Mr. Donaldson?

29 A. Only in general terms. I have never seen the letter.

30 120 Q. Did you discuss it with Mr. Trimble at the time before he

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 31

1 sent it?

2 A. No.

3 121 Q. OK. You mentioned also that you had, I suppose your

4 interest had been aroused by Toby Harnden's book again,

5 which referred to the allegations of collusion. Do you

6 regard Toby Harnden's book as an accurate account of the

7 Breen and Buchanan killings?

8 A. I would say that I become aware of subsequently, because of

9 my interest in the case and following the proceedings of

10 this Tribunal, of additional information that wasn't

11 contained in the Toby Harnden book. I think, in broad

12 terms, he was well-informed.

13 122 Q. It was an extremely serious allegation and piece of

14 information, if correct, that a Garda colluded in the

15 killing of two RUC officers?

16 A. As I have stated already.

17 123 Q. It would be extraordinarily significant, wouldn't that be

18 so, Mr. Donaldson?

19 A. It would be very significant.

20 124 Q. And Mr. Harnden's book was very powerful, I have to suggest

21 to you, for two particular reasons: First of all, he said

22 in respect of the murders of Chief Superintendent Breen and

23 Superintendent Buchanan, that there was technical

24 information available of a telephone call being made from

25 Dundalk Garda Station to the IRA. Would you agree with me

26 that that is very powerful and probative information?

27 A. Indeed I referred to it in my speech.

28 125 Q. Yes. And it suggests, on its face, Garda collusion, isn't

29 that so?

30 A. It would support the proposition.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 32

1 126 Q. Yes. Also, in his book, Mr. Harnden stated that a retired

2 Detective Inspector of An Garda Siochana had confirmed to

3 him that a member of An Garda Siochana was a mole and had

4 tipped off the IRA. Similarly, that is very powerful and

5 probative information, isn't that so?

6 A. Indeed, yes.

7 127 Q. Are you aware that it is now apparent that both of those

8 allegedly significant pieces of information are false?

9 A. No.

10 128 Q. In fairness to you, you may not be aware of it because

11 of -- it's come out, I suggest, in this Tribunal. First of

12 all, this Tribunal, and indeed the Camon-Kirwan report

13 conducted by An Garda Siochana, sought information from the

14 Royal Ulster Constabulary, in 2000, as to whether there was

15 any technical information of a call from Dundalk Garda

16 Station to the Provisional IRA. The Royal Ulster

17 Constabulary have replied and stated there is no such

18 evidence.

19 Secondly, the Garda Siochana Detective Inspector, who gave

20 an interview to Mr. Harnden, has denied that what

21 Mr. Harnden quoted him as stating is correct. Does that

22 cause you any concern, Mr. Donaldson, in respect of the

23 accuracy of Toby Harnden's book?

24 A. Well, the purpose of this inquiry is to get the facts, and

25 the facts will emerge, I have no doubt, as time goes on,

26 and there are a number of interesting things that I have

27 read about the inquiry, about intelligence, information

28 that was available and wasn't passed on and so on, so there

29 are things, actually, that have emerged in the Tribunal

30 that weren't in Toby Harnden's book that support the

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 33

1 contention that there was collusion.

2 129 Q. You seem to be anxious, Mr. Donaldson, and correct me if I

3 am unfair about this, you seem to be anxious to be able to

4 establish that there was collusion?

5 A. I am anxious to establish the truth.

6 130 Q. OK. But would you agree with me that if it's in the public

7 interest that collusion be established, similarly it's in

8 the public interest if there was no collusion?

9 A. Absolutely.

10 131 Q. That that be established?

11 A. Indeed so, and hence my call for an independent public

12 inquiry to consider the facts and consider the evidence and

13 come to a conclusion on this.

14 132 Q. Chairman, I am conscious --

15

16 CHAIRMAN: I don't want to interrupt your flow because it's

17 important, but it is just one o'clock and I think it would

18 be appropriate, if it doesn't inconvenience you, if we

19 adjourn for lunch. It may well be -- it's now a little bit

20 after one, I would suggest ten past two would be a

21 sufficient time to resume. Thank you.

22

23 THE TRIBUNAL THEN ADJOURNED FOR LUNCH.

24 25

26

27

28

29

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 34

1 THE TRIBUNAL CONTINUED AFTER LUNCH AS FOLLOWS:

2

3 CONTINUATION OF CROSS-EXAMINATION OF MR. JEFFREY DONALDSON

4 BY MR. O'CALLAGHAN AS FOLLOWS:

5

6 133 Q. MR. O'CALLAGHAN: Good afternoon, Mr. Donaldson.

7 Mr. Donaldson, before lunch, we were talking about Toby

8 Harnden's book, Bandit Country. You obviously read the

9 book, isn't that correct?

10 A. That's correct.

11 134 Q. I presume that at the time you read it, you believed it was

12 an accurate book, is that so?

13 A. Insofar as the information that was covered in the book was

14 concerned, it was not, obviously, a full account, because

15 certain elements of information were left out of the book.

16 135 Q. What you read, you believed to be accurate?

17 A. I had no reason not to at the time.

18 136 Q. And subsequently, you met Mr. Harnden, is that so?

19 A. That is correct.

20 137 Q. Can I ask you, did you meet Mr. Harnden before or after you

21 met Mr. Fulton?

22 A. Oh, before.

23 138 Q. What did you discuss with Mr. Harnden?

24 A. His book, some of the incidents that he had covered in his

25 book. In fairness, he did not reveal, nor would I have

26 expected him to reveal, as a journalist, the sources for

27 the information he had received, but we talked in some

28 detail about a number of those incidents.

29 139 Q. Did you discuss the murders of Chief Superintendent Breen

30 and Superintendent Buchanan?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 35

1 A. I did.

2 140 Q. What did he say to you about them?

3 A. He reiterated what he had put in his book, including the

4 allegation that there may have been collusion.

5 141 Q. Did he mention the name of a member of An Garda Siochana to

6 you?

7 A. Not the specific name.

8 142 Q. Did he identify a member of An Garda Siochana in any way to

9 you?

10 A. He had reason to believe that there was a member of the

11 Garda inside, or based at Dundalk police station, who may

12 have passed information to the IRA in connection with the

13 murders.

14 143 Q. But he didn't name any particular guard?

15 A. No.

16 144 Q. And am I take to it that you didn't ask him?

17 A. That is correct.

18 145 Q. And you didn't ask him, out of what you thought was a

19 respect for journalistic privilege, is that correct?

20 A. Indeed.

21 146 Q. After Mr. Fulton identified Mr. Corrigan to you, did you

22 revert to Mr. Harnden to inquire whether that name was the

23 one he had?

24 A. No.

25 147 Q. Why didn't you do that?

26 A. Again, because I did not want to compromise Mr. Harnden and

27 his sources, and Mr. Fulton had come to me voluntarily with

28 this information and I saw no reason why I should put this

29 to Mr. Harnden; he had published what he had published in

30 his book. I could not have repeated what Mr. Harnden had

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 36

1 said to me, in any event, because of journalistic

2 privilege, so I did not see the value in pursuing that.

3 148 Q. Do you recall the two issues which I say are completely

4 misleading in Mr. Harnden's book that I referred you to

5 before lunch?

6 A. Yes. One was the watch towers and, forgive me --

7 149 Q. Sorry, the first was, Mr. Harnden said in the book there is

8 technical information that a phone call came from the Garda

9 station to the IRA?

10 A. That's correct.

11 150 Q. And secondly, you said a detective inspector confirmed that

12 the leak came from the Gardaí. The fact that they are

13 false, does that cause you to reassess the accuracy of

14 Mr. Harnden's book?

15 A. No, it doesn't. I am not convinced that they are false. I

16 believe that the army at the time had the technology to be

17 able to monitor this type of call remotely, and I am not

18 convinced that what we are being told represents the full

19 substance of all the knowledge about the background to

20 this. So I'm not convinced that this is false.

21 151 Q. You are aware that the Chairman is receiving cooperation

22 from the British Army in respect of this Inquiry, are you,

23 Mr. Donaldson?

24 A. I am aware that there was a statement provided by -- or

25 from -- emanating from the army. But I also know, as a

26 member of the Defence Committee in the House of Commons,

27 that the army does not always reveal its modus operandi in

28 any circumstances, because to do so would compromise the

29 manner in which it gathers intelligence. There are many

30 occasions on which this has happened and on which the army

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 37

1 security services, the police, have denied information

2 because it may potentially compromise the gathering of that

3 information, and indeed I and other parliamentarians, not

4 least the -- my former party leader, now Lord Trimble, have

5 argued in the House of Commons consistently that wire-tap

6 evidence should be admissible in cases, but this has been

7 resisted by the security forces because it would compromise

8 their modus operandi. So I accept what you say as the

9 statements that have been given to the Tribunal.

10 Personally, with my own knowledge of the security in

11 Northern Ireland, and more widely through my involvement

12 with the Defence Committee, I am not convinced.

13 152 Q. Are you aware of any technical information that exists

14 supporting a claim that a call was made from Dundalk Garda

15 Station to an IRA person on the 20th of March, 1989?

16 A. It has been suggested to me in the past that the technical

17 expertise existed to be able to do this. But has that

18 information been passed to me? No, I wouldn't expect that

19 it would be.

20 153 Q. So the answer to my question is no?

21 A. No, I wouldn't expect that it would be.

22 154 Q. If those two factors, which I say are false, in Toby

23 Harnden's book are incorrect, that must cast doubt on the

24 veracity of his book, wouldn't that be so?

25 A. No.

26 155 Q. Why not?

27 A. Because if two facts are correct, it doesn't invalidate

28 other facts. It is a matter for this Tribunal to establish

29 how many of those elements of the information contained

30 within the book are accurate. I read the book. It gave me

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 38

1 cause for concern. I inquired further into the issues that

2 were raised in the book, to the point where I was satisfied

3 that in the case of the murders of Harry Breen and Bob

4 Buchanan, and in the cases of Lord and Lady Gibson,

5 independent public inquiries would be justified, and I

6 pursued that at a political level.

7 156 Q. You accepted before lunch, Mr. Donaldson, that those two

8 factors were of significant probative value in terms of

9 suggesting there was collusion, do you recall admitting

10 that before lunch?

11 A. I said that they were elements of the case but not the only

12 elements.

13 157 Q. I'm not suggesting, but they are of significant probative

14 value, isn't that so?

15 A. And it is why this Tribunal properly should examine those

16 facts, but I have never relied on either of those facts in

17 my contention that there ought to be an inquiry. I have

18 relied on a range of factors.

19 158 Q. But you have relied on Toby Harnden's book?

20 A. Partly.

21 159 Q. And --

22 A. But not exclusively, and I would not have called for a

23 public inquiry on the basis of the information in the book

24 alone. If I had, I would have gone straight to the House

25 of Commons, after reading the book, and made an issue of

26 this. Far from doing that, I made my own inquiries to try,

27 as best I could, to corroborate the information in the

28 book. I did not seek out Kevin Fulton. He came to me with

29 the information. I then sought to establish whether he was

30 who he said he was. And on foot of all of that, I made a

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 39

1 judgement, as a public representative, that I should make a

2 call for an inquiry. That was not based alone on the

3 evidence or information in Toby Harnden's book. In fact,

4 the book may have been a catalyst, but it was by no means

5 the determining factor. For me, a far greater factor was

6 the information given to me by Kevin Fulton which was not

7 related directly to Toby Harnden's book.

8 160 Q. We'll come and talk about Mr. Fulton presently. I just

9 want to talk to you about your reliance on Mr. Harnden,

10 Mr. Donaldson. And I suggest to you it's astonishing that

11 you would not be concerned, if it is the case that the

12 detective inspector quoted in Mr. Harnden's book says that

13 the quote is completely wrong, that must be an issue of

14 concern to you if you rely upon the accuracy of the book?

15 A. I do not rely exclusively --

16 161 Q. I know you don't --

17 A. -- on the accuracy of the book, and if there are elements

18 of the book that have been challenged, then so be it, that

19 is the purpose of this Tribunal, to weigh up all of the

20 facts, all of the information, all of the evidence that is

21 brought before it. I am not a tribunal; I am a public

22 representative. I have to make judgements based on the

23 information that is available to me. I made the

24 judgement-call that I did, not based solely on what was in

25 Toby Harnden's book, though the book was influential in

26 causing me to inquire further into the matters raised in

27 the book, but I doubt if I would have made the call for an

28 inquiry based on the book alone, and, in fact, I didn't.

29 In fact, I took steps to try and establish the further

30 information about the issues raised in the book.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 40

1 162 Q. I am not suggesting that you called for the inquiry based

2 exclusively on the book alone. However, I take from your

3 answer then, Mr. Donaldson, that you wouldn't be concerned

4 if the detective inspector of Special Branch quoted in the

5 book was completely misquoted, I take from your answer you

6 are not concerned about that?

7 A. Well, Mr. Harnden will have to answer for what he has put

8 in the book. That is not my responsibility. Of course, if

9 someone is misquoted, then they have the right to challenge

10 that. The detective inspector has had that right and has

11 taken it. Frankly, that is not a matter for me.

12 163 Q. It doesn't concern you --

13 A. No.

14 164 Q. -- that's what I have established. Okay. And I have to

15 suggest to you, it is not surprising that you wouldn't be

16 concerned about such a fundamental error in Mr. Harnden's

17 book, and I have to suggest to you, Mr. Donaldson, and I

18 suggest this with respect, that it indicates a prejudice on

19 your part to establish collusion between An Garda Siochana

20 and the RUC, as opposed to seeking an independent

21 assessment as to whether there is, or not, collusion?

22 A. Well, if you examine all of my public statements on this, I

23 have, at all times, stated that the evidence that is

24 available should be submitted to an independent public

25 inquiry. I do not draw my own conclusions on this. If

26 there is an element to Mr. Harnden's book that proves to be

27 inaccurate, so be it, that is the case, but that does not

28 diminish my concern that there is evidence, substantive

29 evidence, that points to the potential of collusion in this

30 case, and it is for that reason that I pursue the matter

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 41

1 further. Just because one element falls away, does not

2 mean that the whole house comes crashing down. In my view,

3 that is -- frankly, the detective inspector's statement in

4 the book would not have been any significant -- it wouldn't

5 even have rated one percent of bringing me to the

6 conclusion that that were questions to be answered. This

7 was not, and I cannot emphasise this enough, this was not

8 in any sense a significant factor in bringing me to the

9 point, in my consideration of the evidence, that there

10 should be an independent inquiry. Therefore, when I say I

11 am not concerned, if I was concerned for every modicum of

12 information that I considered, then, you know, I wouldn't

13 be sitting in front of this Tribunal today. I pursued this

14 because I believed that there was evidence that ought to be

15 examined in detail by an inquiry, and conclusions reached.

16 I have an open mind in this. And I want to see the facts

17 examined, and the purpose of examining them is to prove

18 whether they are credible or not. If some are not

19 credible, then others, perhaps, will prove to be credible.

20 165 Q. Mr. Donaldson, if you have an open mind in this, as you

21 have just said, then why did you name my client, Owen

22 Corrigan, as being effectively an IRA murderer?

23 A. I have never called retired Detective Sergeant Corrigan a

24 murderer. I have never stated that he was guilty of

25 murder. I have stated that I was given evidence that he

26 may have been guilty of collusion, and that that evidence

27 should be examined. Indeed, when I spoke in the House of

28 Commons on the second occasion, I referred to the

29 allegations that were made and said that these should be

30 subjected to an independent public inquiry so that the

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 42

1 truth can be established. I think that's a pretty good

2 definition of an open mind.

3 166 Q. If somebody colludes in a murder, are they not

4 intrinsically involved in that murder?

5 A. That is a matter for those who pursue prosecutions. I am

6 interested in the truth. I have never used the words that

7 you have sought to put in my mouth. I have never described

8 your client as a murderer. I have simply said that I have

9 been given evidence, information that he was involved in

10 collusion with the Provisional IRA, and I called for a

11 public inquiry to establish the facts.

12 167 Q. And I have to suggest to you, Mr. Donaldson, that the

13 effect and purpose and intention of your statement was to

14 point the finger at Owen Corrigan and say, he is a guard

15 who tipped off the IRA about Breen and Buchanan and thereby

16 assisted in their murder, isn't that the reality of what

17 you said in the House of Commons?

18 A. The reality of what I said in the House of Commons was that

19 I had been given information that included the role of

20 Detective Sergeant Owen Corrigan in providing information

21 to the IRA around the circumstances of the murders of Harry

22 Breen and Bob Buchanan. I made a judgement that that

23 information should be put in the public domain in pursuit

24 of my call for an independent public inquiry. I do not

25 resile from having made that judgement. It is for others

26 to determine the veracity of that information and it is for

27 others to determine whether this man is guilty, or

28 potentially guilty, of a criminal offence, and, if he is,

29 then others will decide whether there is to be prosecution.

30 That is not my role. My role, as a public representative,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 43

1 is to ensure that, where there are allegations of this

2 nature, there is an examination of the facts.

3 168 Q. I just want to correct you on one thing, Mr. Donaldson. My

4 client is not on trial. It is not the function of this

5 Tribunal to determine whether or not he is guilty or not

6 guilty.

7 A. Indeed. That is why I said it was for others, and I was

8 not referring to this Tribunal. I said the role of this

9 Tribunal was to seek to establish the facts. If there are

10 facts that emerge that suggest that anyone is guilty of a

11 criminal offence, then it is for others to decide whether

12 or not to prosecute.

13 169 Q. Can I now ask you about Kevin Fulton. You met him, I

14 think, for the first time, in late 1999 or early 2000,

15 isn't that so?

16 A. That's correct.

17 170 Q. And that was organised by Mr. Fraser, who brought him

18 along?

19 A. Yes.

20 171 Q. And the meeting was sought by Mr. Fraser?

21 A. I wasn't party to the original conversation between

22 Mr. Fraser and Mr. Fulton. I don't know whether Mr. Fulton

23 approached Mr. Fraser and asked him to set up the meeting,

24 but it was Mr. Fraser who approached me and asked if I

25 would meet Mr. Fulton.

26 172 Q. Had you heard of Mr. Fulton before this meeting?

27 A. I cannot recollect, Chairman, for certain, if I had heard

28 the name. Certainly, this was the first time I had ever

29 met the man. I had had no previous involvement whatsoever

30 with him in any way.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 44

1 173 Q. And you say, at that meeting he named my client, Owen

2 Corrigan?

3 A. Yes.

4 174 Q. What did he say about him?

5 A. He said that there was a member of the Garda who had been

6 involved in passing information to the Provisional IRA, and

7 he went on to name that individual.

8 175 Q. Did he indicate that that information had been passed by

9 way of a tip-off about an impending meeting?

10 A. He did not go into the detail of the alleged collusion.

11 That happened at the subsequent meeting.

12 176 Q. How long did your meeting with him last?

13 A. Probably half an hour to an hour.

14 177 Q. Who was at the meeting with yourself, Mr. Fulton and

15 Mr. Fraser?

16 A. No one else was present.

17 178 Q. Did you take notes of the meeting?

18 A. I did.

19 179 Q. Could you produce those notes to the Chairman?

20 A. No.

21 180 Q. Why not?

22 A. I no longer have them.

23 181 Q. Do you not have a mechanism in your office whereby you

24 store notes in respect of meetings with important people?

25 A. The notes would have been stored at my office in

26 Westminster, and those records are only kept for six years.

27 182 Q. Well, surely those notes, if they were taken in early 2000,

28 would be around in early 2006, at a time after this

29 Tribunal was inquired; surely you would have recognised the

30 importance of those notes, Mr. Donaldson?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 45

1 A. I was only approached to give evidence to the Tribunal last

2 year. At no stage up to that point was I asked to give

3 evidence, so I would have had no reason to retain the

4 notes.

5 183 Q. After you received this information from Mr. Fulton, did

6 you report it to the Royal Ulster Constabulary?

7 A. After my first meeting with Mr. Fulton, I spoke to a senior

8 member of the security forces about the information I had

9 been given by Mr. Fulton.

10 184 Q. When was your second meeting with Mr. Fulton?

11 A. Probably two to three weeks after the first one. Again, I

12 don't have the date.

13 185 Q. Where was that meeting?

14 A. Again, at the Houses of Parliament in London.

15 186 Q. And again who attended that meeting?

16 A. Again, William Fraser, I believe, but certainly myself and

17 Kevin Fulton. I can't be sure, Chairman, whether

18 Mr. Fraser was present at the second meeting.

19 187 Q. Do you recall whether Mr. Fraser took notes at these

20 meetings?

21 A. I can't. I don't believe he did.

22 188 Q. At the time you spoke to Kevin Fulton, were you aware that

23 he had been involved in many terrorist offences carried out

24 by the IRA?

25 A. Not before I met him, no. When I met him, our discussions

26 focused on the issues that we have discussed and that I

27 raised in my speech about the activities of south Armagh

28 PIRA. In subsequent meetings, after the first two meetings

29 that I had, we discussed other cases as well, involving not

30 only south Armagh PIRA, but also south Down PIRA.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 46

1 Mr. Fulton made clear that his task as an agent was to

2 infiltrate both units.

3 189 Q. What did he say to you at the second meeting?

4 A. He elaborated on the detail he had provided at the first

5 meeting and explained that on the day in which Harry Breen

6 and Bob Buchanan were murdered, Patrick Joseph 'Mooch'

7 Blair, in conversation with Mr. Fulton, had revealed that

8 the Provisional IRA unit who had murdered the two men had

9 been given a tip-off, and the word "tip-off" was used by

10 someone in Dundalk Garda Station who had provided the

11 information about the movements of Chief Superintendent

12 Breen and Superintendent Buchanan.

13 190 Q. So, at the second meeting, he told you that -- will you

14 give me that again? He told you that he was aware, on the

15 day of the murders, that there had been a tip-off to the

16 IRA?

17 A. I believe that was the case. And he also told me about a

18 subsequent meeting that occurred in the car park of a

19 public house in the County Louth area in which Detective

20 Sergeant Owen Corrigan met with Patrick Joseph 'Mooch'

21 Blair in a vehicle driven by Kevin Fulton and it was

22 evident from the discussion that took place in that vehicle

23 that Owen Corrigan was passing information to the

24 Provisional IRA.

25 191 Q. Do you have a copy of your statement in front of you,

26 Mr. Donaldson?

27 A. My statement to the Tribunal?

28 192 Q. To the Tribunal.

29 A. Yes.

30 193 Q. Could I ask you to go to the last signature page?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 47

1 A. Yes.

2 194 Q. Second paragraph, third line down, you start a description

3 of the second meeting and you state: "On the second

4 meeting, we went over what he had previously told me again.

5 I wanted to be clear about what I was being told. He

6 mentioned 'Mooch' Blair to me but not in any great detail.

7 He did not mention Scappaticci. He told me that he had

8 been in the company of 'Mooch' Blair. He had driven Blair

9 to a pub car park where Blair met Owen Corrigan. He told

10 me that he had, at the time, provided the information about

11 Owen Corrigan meeting Blair to his handlers. I do not

12 recall discussing any particular agency with which he was

13 involved."

14 Where in that statement do you refer to the first part of

15 the second meeting that you just told me about?

16 A. On the third page, the final paragraph: "In the course of

17 the first meeting, I was told by Kevin Fulton that he had

18 knowledge about the murders of Chief Superintendent Breen

19 and Superintendent Buchanan. He did not say, and I did not

20 ask him, whether he was involved in the murders. He told

21 me that a then-Garda Detective Sergeant in Dundalk Garda

22 Station had passed information to the IRA and that the

23 information had been helpful to the IRA in setting up the

24 ambush. He told me that the Detective Sergeant in question

25 was called Owen Corrigan and that he now owned a pub in

26 Drogheda. The implication made was that Owen Corrigan's

27 interest in the pub had been funded from improper

28 activities."

29 195 Q. That's not the answer to the question I asked you,

30 Mr. Donaldson. You, in your description of the second

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 48

1 meeting, stated that Mr. Fulton told you that, on the day

2 of the murders, he had got evidence from 'Mooch' Blair that

3 there had been a tip-off?

4 A. Yes.

5 196 Q. Where is that stated?

6 A. It sits in the third page in the final paragraph.

7 197 Q. Where is 'Mooch' Blair mentioned?

8 A. Well, I didn't mention it in the statement, but I am

9 elaborating on the statement, which is the purpose of me

10 being here today.

11 198 Q. This statement was signed on the 30th of November last?

12 A. Yes.

13 199 Q. And it's a very remarkable fact that you didn't include

14 that, because that statement you made there about the first

15 part of your meeting with Fulton where he says he got

16 information from 'Mooch' Blair that there was a tip-off

17 from Owen Corrigan, that's not in your statement but it is

18 in Mr. Fulton's statement?

19 A. Chairman, in fairness, you will note on the first page that

20 these are notes in relation to Jeffrey Donaldson. These

21 are notes taken by counsel for the Inquiry when they

22 interviewed me about these matters, notes that I was asked

23 to check, and did, and I signed. I am absolutely clear

24 that when I spoke to counsel for the Inquiry, I went into

25 considerable detail about the first and the second

26 meetings. I told counsel for the Inquiry that on the first

27 meeting, Mr. Fulton had provided me with information naming

28 Owen Corrigan, and at the second meeting he elaborated on

29 that and went into more detail.

30 200 Q. Before you --

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 49

1 A. So this is not -- sorry, this is not my statement, this is

2 not a record of a statement that I have given. It is notes

3 in relation to an interview that I gave to the counsel for

4 the Inquiry. If you want a detailed statement, I will

5 gladly provide you with a detailed statement setting out in

6 detail what Mr. Fulton told me on the first and second

7 meetings. But I am absolutely clear about this:

8 Mr. Fulton told me that on, I believe, the afternoon of the

9 murder of the two policemen, he was told by Patrick Joseph

10 Blair that they had received information from a source

11 within Dundalk Garda Station.

12 201 Q. That's not what he says in his statement. In his statement

13 -- have you seen Mr. Fulton's statement, Mr. Donaldson?

14 A. To the Tribunal, no.

15 202 Q. What Mr. Fulton says in his statement is that on the day of

16 the murders, he was in 'Mooch' Blair's house, and he says a

17 phone call came in from Mickey Collins. Did he ever

18 mention that name to you?

19 A. Yes, I know who Mickey Collins is.

20 203 Q. I didn't ask whether you know. Did he mention that name to

21 you?

22 A. Not in relation to Breen and Buchanan, no.

23 204 Q. Okay. And so --

24 A. But he would have talked about Mickey Collins on a number

25 of occasions subsequently.

26 205 Q. But what you have said is different to what he has stated

27 in his statement. But that is your signature at the bottom

28 of this statement, Mr. Donaldson?

29 A. It is, yes.

30 206 Q. And presumably, before you signed your signature, you read

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 50

1 what you were signing up to?

2 A. Yes.

3 207 Q. And why didn't you include the first aspect of the second

4 meeting to which we have been discussing?

5 A. Because I expected to have the opportunity to give that

6 information here today. If I had been asked to provide a

7 full statement, I would have written the full statement

8 myself. I would be happy to do that. There is, Chairman,

9 absolutely no doubt in my mind what I am saying, and it is

10 consistent with what I have told counsel to the Tribunal

11 and I am saying here today. I have not seen Kevin Fulton's

12 statement to the Tribunal, the full statement that he has

13 given, but I am aware of the position that he takes. The

14 fact that he did not refer to Mickey Collins and a

15 telephone call, does not negate what he told me, which is

16 that he was told by Patrick Joseph Blair that they had

17 received information from a source in Dundalk Garda

18 Station. He then went on to tell me who that source was.

19 208 Q. Now, the statement he made to you, or the information he

20 gave you about the meeting between 'Mooch' Blair and my

21 client in the car park, is very significant evidence, isn't

22 it?

23 A. It is.

24 209 Q. And it's part of the reason why you went public on my

25 client, I suggest?

26 A. Yes.

27 210 Q. And did he give you any time-line indication as to when

28 this meeting took place?

29 A. I believe it was after the murders had occurred.

30 211 Q. I have had the opportunity of seeing Mr. Fulton's

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 51

1 statement, Mr. Donaldson, and I'll just tell you what he

2 says in the statement and see if it correlates with what he

3 said to you. He said that the meeting in the car park took

4 place a few weeks before the first abduction of Tom Oliver.

5 You are aware who Tom Oliver --

6 A. A farmer from County Louth.

7 212 Q. And he says the meeting took place in the car park a few

8 weeks before the first abduction of Tom Oliver, and he says

9 the first abduction of Tom Oliver took place a few months

10 after Mr. Oliver's murder. Mr. Oliver was murdered in July

11 1991 -- sorry, July 1991, so I think it's fair to say that

12 the car-park conversation took place at some stage in the

13 first half of 1991. Would that equate with what you were

14 told?

15 A. It -- I don't think Mr. Fulton was specific. But it would

16 equate with the time lines, yes, because he never sought to

17 suggest the meeting took place before the murders of Harry

18 Breen and Bob Buchanan.

19 213 Q. No, and I think we can tie it down to certainly the first

20 six months of 1991. And his evidence, or his statement is

21 so probative because he suggests that 'Mooch' Blair was

22 driven by him to the car park of Fintan Callan's Céilí

23 House. 'Mooch' Blair got out of the car, went into the

24 Céilí House, returned with Owen Corrigan, my client, and in

25 the car, whilst Kevin Fulton was in the car, the two of

26 them discussed Tom Oliver, and the evidence that Mr. Fulton

27 allegedly will give, is that my client, Mr. Corrigan, told

28 'Mooch' Blair that Tom Oliver had been informing on

29 individuals to the Garda Siochana, a crucial piece of --

30 from my client's point of view, very damaging evidence.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 52

1 The only thing I have to point out to you, Mr. Donaldson,

2 is that it's clearly a lie, and let me tell you why it's

3 clearly a lie. Owen Corrigan stopped working for An Garda

4 Siochana in December 1989. He went out on sick leave in

5 December 1989, and he retired from the Garda Siochana two

6 years after that. He had nothing to do with An Garda

7 Siochana from December 1989 onwards on a day-to-day basis.

8 Does that cause you any concern about the reliability of

9 Mr. Fulton?

10 A. No, because it is not necessarily the case that one has to

11 be working for an organisation to be -- to have access to

12 information. I don't know all of the detail of the

13 background to the murder of Tom Oliver, and I don't know

14 the period over which he had been providing information to

15 the Garda Siochana. Therefore, I can't make a judgement as

16 to whether Detective Sergeant Corrigan, in the course of

17 his work before he retired, would have had access to

18 information of that nature and whether he would have had

19 access to it on a continuing basis thereafter. You know,

20 the idea that when someone leaves an organisation, all

21 contact with that organisation ceases, I am sure if an

22 individual who had been involved for so many years in the

23 Forces and if, as alleged, was involved in collusion,

24 needed to have access to information, they were perfectly

25 capable of getting it, I am sure, without having to remain

26 within the organisation.

27 214 Q. So it causes you no concern?

28 A. Well, insofar as it relates to the murder of Harry Breen

29 and Bob Buchanan, Mr. Fulton has never suggested that that

30 meeting was connected to those two murders.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 53

1 215 Q. I agree with you on that.

2 A. He imparted that information to me as further evidence of

3 Owen Corrigan's connections to the Provisional IRA, of the

4 allegation that he was colluding with the Provisional IRA.

5 On the central issue of Owen Corrigan allegedly having

6 passed information to the Provisional IRA on the day of the

7 murder of the two police officers, I believe that that was,

8 for me, the key element in what Kevin Fulton had told me.

9 216 Q. Although what Mr. Fulton will say in respect of that matter

10 is that he implied that it must have been Owen Corrigan

11 that gave information, because Owen Corrigan's name wasn't

12 mentioned, according to Mr. Fulton's statement, on the day

13 of the murder of the two officers. Kevin Fulton said in

14 his statement that he assumed that the guard being referred

15 to in Dundalk was Owen Corrigan. That is why,

16 Mr. Donaldson, this meeting in the car park is so

17 important, because the Chairman has been listening to

18 evidence for over 60 days, I think, now; there has been no

19 evidence of collusion between the IRA and Owen Corrigan

20 during those 60 days. The only evidence which may

21 materialise when Mr. Fulton gives evidence, is this

22 meeting, and that's why it is so crucial. Do you

23 appreciate, from my client's point of view, the importance

24 of this meeting in the car park?

25 A. Indeed.

26 217 Q. And am I to take it from you that you have not even the

27 slightest suggestion of concern arising from the fact that

28 now my client was clearly out on sick leave for a

29 year-and-a-half before this meeting took place?

30 A. As I have said, that does not convince me that your

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 54

1 client --

2 218 Q. I am not asking you to be convinced. I am asking you, just

3 leave aside partiality, and just from your point of view,

4 looking at an assembly of evidence, does it cause you some

5 concern about the reliability of that part of Kevin

6 Fulton's account?

7 A. I think in relation to the information that has been given

8 to me by Kevin Fulton on the specific question of the

9 meeting in the car park, if it is the case that your client

10 did not have access to this information that is alleged he

11 passed, then that is a matter that needs to be probed. So

12 far, I remain convinced that the information given to me by

13 Kevin Fulton is true.

14 219 Q. Okay. Leaving aside what my client will say and the

15 evidence in respect of him being out on sick leave since

16 December of 1989. After you spoke to Kevin Fulton, did you

17 contact anyone in the Royal Ulster Constabulary to assess

18 his veracity or reliability?

19 A. I spoke to a senior member of the security forces.

20 220 Q. That's not a member of the RUC, is that correct --

21 A. I am not going to confirm or deny that.

22 221 Q. I don't know if you have in front of you, Mr. Donaldson, a

23 thing we call the cipher, which has a list of members of

24 the Royal Ulster Constabulary, and they are identifiable by

25 way of number. Obviously, I don't want to name the

26 individuals, I don't know who they are, but I just want you

27 to have a look at these and see if you are aware of them.

28 Could you look at Witness Number 60 on the list there,

29 please, Mr. Donaldson?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 55

1 222 Q. Are you aware of that gentleman?

2 A. Yes.

3 223 Q. He served in CID, and, in 1988, he served as a Detective

4 Inspector in Gough Barracks, and CID dealt with crime and

5 had their own intelligence-gathering systems, isn't that

6 correct, sir?

7 A. Yes.

8 224 Q. Would you regard that gentleman as a man of integrity?

9 A. I don't know him personally. I know of him because he once

10 headed up a major investigation involving the Provisional

11 IRA.

12 225 Q. From what you know of him in his professional capacity,

13 would you regard him as a man of competence and good

14 judgement?

15 A. I can only judge him based on the outcome of the

16 investigation into a very serious incident involving the

17 Provisional IRA, and the fact that no one was convicted

18 left me, I think, disappointed.

19 226 Q. Am I to take it from that that you don't regard him as a

20 man of competence?

21 A. I am simply saying that he may well be a man of competence.

22 I don't know the man well enough to make a judgement. I

23 can only give you an opinion based on what I know in the

24 public domain. And what is in the public domain in

25 relation to the major inquiry which he headed up, resulted

26 in no prosecutions and left me feeling disappointed.

27 227 Q. He gave evidence to the Chairman on Day 40 that he believed

28 Kevin Fulton was "an intelligence nuisance". Does that

29 cause you any concern about the source you relied upon?

30 A. No more than someone else describing him as a Walter Mitty.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 56

1 228 Q. We'll come on to that. So it doesn't cause you concern?

2 A. No.

3 229 Q. Okay. Could you have a look at Witness Number 62?

4 A. Yes.

5 230 Q. Are you aware of that gentleman?

6 A. Yes.

7 231 Q. Is he a gentleman who you'd regard as being competent?

8 A. Again, I wouldn't have a professional knowledge of him. I

9 know the name, but I don't believe I have encountered him

10 at a professional level.

11 232 Q. Is he a person who you believe to have sound judgement, or

12 can you comment upon that?

13 A. I can't comment on that.

14 233 Q. Okay. He gave evidence to the Chairman on Day 51, and his

15 evidence was that Kevin Fulton was "A compulsive liar, a

16 fantasist, a con man of the highest order and an

17 intelligence nuisance." Does that cause you any concern

18 about the reliability of the witness you relied on?

19 A. That's the opinion of the individual. I can only go on the

20 basis of my experience, and I can tell you that in a number

21 of cases in which Kevin Fulton has given me information, I

22 have been able to verify and establish that that

23 information was accurate.

24 234 Q. So it doesn't cause you concern?

25 A. I have to make my own judgements on these things, as do

26 these individuals. My judgement, in respect of the limited

27 involvement I have had with Kevin Fulton, brings me to a

28 different conclusion.

29 235 Q. Witness 64, please, Mr. Donaldson.

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 57

1 236 Q. Are you aware of that gentleman?

2 A. Yes.

3 237 Q. Is he a gentleman who you'd regard as competent?

4 A. I don't know him professionally.

5 238 Q. How do you know these individuals, then, if you are aware

6 of them but you say you don't know them professionally?

7 A. In the case of two of them, I have never met them but would

8 be aware of them through my previous involvement on the

9 Policing Board, for example, I was a member, and through my

10 work as a member of Parliament. I have always taken an

11 interest in policing and security matters, but I haven't

12 met these individuals, and I am always reluctant to pass

13 judgement on the credibility of someone without having met

14 them personally.

15 239 Q. Could you think of any reason why these three gentlemen

16 would come down to this Tribunal and give evidence that was

17 false?

18 A. I wouldn't expect that they would do that.

19 240 Q. Witness 64 said that he served as a Detective Inspector in

20 charge of Special Branch, Newry, from 1988 to '94. He was

21 in charge of the team that handled Fulton. His evidence to

22 the Chairman was that "Fulton never said anything about

23 Owen Corrigan. He never said anything about being 'Mooch'

24 Blair's driver. His information was false and misleading

25 on other matters." And I asked him, when I was asking him

26 could he give us an example of Kevin Fulton's

27 unreliability, and this is what he said: He said,

28 "Well, there was probably a number I could give, but one

29 particularly interesting one was, we were given

30 intelligence about an IRA planning to

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 58

1 travel to Great Britain to carry out a series of attacks

2 there, and Mr. Fulton told us that he had been asked to

3 prepare weapons hides in Great Britain to facilitate the

4 logistics of that unit travelling to Great Britain. Police

5 operations were put in place in England and Scotland and

6 quite considerable police time, effort, resources went into

7 carrying out preparatory work to try and catch the alleged

8 Active Service Unit, only for Mr. Fulton to subsequently

9 state that it was something he had made up. And as you can

10 appreciate, it had caused us considerable embarrassment

11 because the intelligence had been relayed across to Great

12 Britain."

13 Does that cause you concern about the reliability of the

14 witness you relied upon before making your statement in the

15 House of Commons?

16 A. Again, I have to make my own judgements, and I made those

17 judgements based on what I was told and the inquiries that

18 I made subsequently.

19 241 Q. Does it cause you concern?

20 A. Well, of course it's a matter of concern where a senior

21 police officer, whether serving or retired, calls into

22 question the credibility of an individual. But it does beg

23 the question, if Mr. Fulton was of no benefit or of no use

24 to the security forces, why they persevered for so long,

25 why they paid him the money that they did, why they

26 continued to keep him in their employ as an agent, why they

27 asked him in the first place to be infiltrated into the

28 Provisional IRA, why they took him from the British Army

29 and placed him in that position? It does beg the question

30 as to the judgement of those people who took those

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 59

1 decisions and who maintained him in the role that he was

2 maintained, if they felt that he was of no benefit to them

3 whatsoever.

4 242 Q. Aren't you aware that Sir Ronnie Flanagan described

5 Mr. Fulton as a Walter Mitty-type character, isn't that so?

6 A. Yes.

7 243 Q. And do you regard Sir Ronnie Flanagan as a person of

8 competence?

9 A. Of course.

10 244 Q. Would you be concerned by the fact that he has described

11 Kevin Fulton, your source, as a Walter Mitty?

12 A. I was aware of it at the time.

13 245 Q. Does it cause you concern?

14 A. Not overly, no, because I have to make my own judgements on

15 these matters, and I have done so, and I am satisfied that

16 the actions that I have taken were correct and that the

17 evidence presented by Kevin Fulton was of sufficient

18 concern to warrant the matters being further inquired into

19 by this Tribunal.

20 246 Q. Do you believe the RUC colluded with the IRA in assisting

21 them in their terrorist campaign in Northern Ireland?

22 A. I have no evidence of that.

23 247 Q. Do you believe it is likely?

24 A. I have no evidence of it. Whether -- if you are saying --

25 when you say the RUC, if you mean that the RUC, as a force,

26 colluded with the Provisional IRA, I don't believe that is

27 the case.

28 248 Q. Do you know who believes that?

29 A. I am sure there are many people out there and there are

30 many times when allegations have been made that the RUC, as

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 60

1 a force, colluded with the IRA. That has been the purpose

2 of a number of inquiries in Northern Ireland. So I would

3 guess there are a range of people who believe that.

4 249 Q. I suggest to you it's a farcical suggestion?

5 A. Well --

6 250 Q. Do you agree with me?

7 A. It depends on the evidence that is presented, doesn't it,

8 at the end of the day.

9 251 Q. Okay. Kevin Fulton has said that in his statement. He

10 says, page 20 of his statement: "Reverting to the meeting

11 between Corrigan and 'Mooch' Blair outside the Céilí House,

12 it was not a surprise to me to see this meeting takes place

13 because the cops in the North were also helping us as

14 well."

15 A. Yes...

16 252 Q. Now, do you believe that?

17 A. What does "helping us" mean?

18 253 Q. Well, providing information to the Provisional IRA --

19 A. Well --

20 254 Q. -- to assist them in their campaign.

21 A. Well, does it?

22 255 Q. Mr. Donaldson, you seem to go out of your way on every

23 possible occasion to try to protect any question-mark over

24 Kevin Fulton?

25 A. No, I am simply asking -- I am posing a rhetorical

26 question. If Mr. Fulton has said that they were getting

27 help, what does that mean?

28 256 Q. Well --

29 A. Does it mean -- where does it say that the RUC were passing

30 information to the IRA?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 61

1 257 Q. I'm going to read the sentence out to you again, and if you

2 believe that this doesn't indicate collusion by the RUC

3 with the IRA, tell me again. He says the following:

4 "Reverting to the meeting between Corrigan and 'Mooch'

5 Blair outside the Céilí House" -- that's where Mr. Fulton

6 says collusion was going on -- "it was not a surprise to me

7 to see this meeting take place because the cops in the

8 North were also helping us as well."

9 Are you suggesting to the Chairman that that isn't

10 Mr. Fulton suggesting collusion on the part of the RUC?

11 A. I am suggesting that Mr. Fulton, as a member of the IRA,

12 met his RUC handlers on a number of occasions. That is a

13 matter of fact. I believe that some of those handlers have

14 referred to meetings that he attended. So Mr. Fulton was

15 in contact with the IRA -- or with the RUC, as a member of

16 the IRA. That is known and established. Indeed, it was

17 the security forces who placed Mr. Fulton in the position

18 that he held as an agent within the IRA. So of course

19 there would be contact between informers in the IRA.

20 Mr. Fulton was not alone. There were many other informers

21 in the IRA who met their RUC handlers on a regular basis.

22 258 Q. Mr. Donaldson --

23 A. And this was what was happening. This was a meeting

24 between a garda sergeant and a member of the IRA. So, if

25 Mr. Fulton -- and you'll have to ask him, I can't speak for

26 Mr. Fulton, you'll have to ask him what he means by this.

27 But if he means that it was not unusual for the IRA to be

28 meeting with police officers, yes, there are many members

29 of the IRA who were informants and who met regularly with

30 members of the RUC.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 62

1 259 Q. What the statement means, in my opinion, and I will take

2 you up on it and I'll ask Kevin Fulton about it, but I

3 suggest to you it's clear that the statement means the

4 following: It means that, in the same way as a member of

5 the Garda Siochana was assisting the IRA, similarly,

6 members of the RUC were assisting the IRA. That's what the

7 statement means. Do you think that is likely,

8 Mr. Donaldson?

9 A. I have no evidence of that.

10 260 Q. Okay. You have a statement from Kevin Fulton stating it.

11 A. I am not convinced that that is what Kevin Fulton is

12 saying.

13 261 Q. If Kevin Fulton confirms that, will you go into the House

14 of Commons next week and state that you have a concern

15 about members of the RUC colluding with the IRA?

16 A. If he provides specific information, then of course those

17 matters will have to be examined.

18 262 Q. He has provided specific information.

19 A. No, he hasn't. I hear no mention of dates, times,

20 individuals, all of which he has provided in relation to

21 the meeting with Owen Corrigan.

22 263 Q. And just to get an agreement between ourselves on that. If

23 I ask him that and if he gives that information and that's

24 transferred to you, will you make a statement in the House

25 of Commons stating that, that there was collusion between

26 the RUC and the IRA?

27 A. I will do what I did in the first instance in relation to

28 the information that was given to me by Kevin Fulton. I

29 will do what I can to verify the veracity of what he is

30 saying before I make a judgement-call on whether this is a

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 63

1 matter that should be placed in the public domain. I do

2 not -- in my political career, what I have sought to do

3 when I am given information of this nature, is take

4 reasonable steps to try and establish whether this is a

5 matter that is of public interest and whether it should be

6 placed in the public domain.

7 264 Q. Mr. Donaldson, I want to say the following to you, and I

8 have thought carefully about it, and I'll ask you not to be

9 offended by it but it's something I must put to you because

10 I know my client wants me to put it and I think he is right

11 that it should be put to you.

12

13 I want to suggest to you that by stating in the House of

14 Commons that Owen Corrigan colluded in the murder of Chief

15 Superintendent Breen and Superintendent Buchanan, and

16 indeed in the murder of the members of the Hanna family,

17 that you committed one of the most outrageous abuses of

18 parliamentary privilege since the Bill of Rights. Would

19 you like to comment on that?

20 A. I don't accept that for a moment. I believe that I had a

21 duty, as a public representative, to place in the public

22 domain information that had been given to me and, in so

23 doing, my motivation was to make the case for an

24 independent public inquiry to establish the facts.

25 265 Q. And you used Owen Corrigan for the purpose of trying to

26 advance your own political agenda, which was the

27 establishment of this independent inquiry, do you agree

28 with that?

29 A. I used the information given to me by Kevin Fulton.

30 266 Q. And the evidence you gave, or the evidence that was given

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 64

1 to you by Kevin Fulton, you completely and naively

2 swallowed that information because it suited your political

3 agenda?

4 A. Then my naivety is shared by Judge Cory.

5 267 Q. I don't think Judge Cory went to the same extent as you.

6 Judge Cory said that there was evidence, because of what

7 was contained within Kevin Fulton's statement, justifying

8 the establishment of a public inquiry. That's what he

9 said.

10 A. That's what I am saying.

11 268 Q. No, you are not.

12 A. I am.

13 269 Q. In your statement, you are saying that Owen Corrigan has

14 known IRA sympathies, isn't that correct, you said that?

15 A. Did I?

16 270 Q. "Chief Superintendent Breen expressed concern about

17 Sergeant Corrigan's known IRA sympathies." That's what you

18 said in the House of Commons?

19 A. No, I simply repeated what had been told to me about Chief

20 Superintendent Breen's opinion. There is a difference,

21 there is a difference.

22 271 Q. Well, I suggest to you that what you did to my client on

23 the 13th of April, 2000, was an absolute disgrace,

24 Mr. Donaldson?

25 A. That's your opinion, not mine.

26 272 Q. It's not simply my opinion, I have to put it to you,

27 because Mr. Corrigan gave evidence from that box there, and

28 he was asked what did he think of your statement in the

29 House of Commons, and the words he used were "It's an

30 absolute disgrace." You disagree with that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 65

1 A. He is entitled to his opinion. I strongly disagree with

2 it.

3 273 Q. Can I ask you, before you made the statement in the House

4 of Commons naming Owen Corrigan, did you at any stage think

5 about the impact your statement would have upon him?

6 A. Of course.

7 274 Q. And what did you think?

8 A. I believed the information that had been given to me was of

9 a sufficiently strong nature that it warranted and

10 justified making this information public through the Houses

11 of Parliament. I stand by that judgement. And, of course,

12 I have to consider -- take all things into consideration,

13 but, in the end, I felt that it was important that the case

14 was made for an independent public inquiry, and that is why

15 I proceeded to make the statement in the way that I did.

16 275 Q. Wasn't it perfectly feasible of you to make the strong case

17 for a public independent inquiry without naming Owen

18 Corrigan?

19 A. I made the judgement that that was not sufficient and that

20 naming Owen Corrigan would demonstrate that there was

21 evidence in the possession of the police that warranted the

22 pursuit of these matters through an independent public

23 inquiry.

24 276 Q. You could have done it without naming Owen Corrigan,

25 couldn't you?

26 A. I could have decided not to do anything. I could have

27 decided to tell Kevin Fulton that I wasn't interested, but

28 I was interested. I have explained to the Tribunal the

29 steps that I took and the factors I took into consideration

30 before I decided to make these comments in the House of

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 66

1 Commons. I stand by what I have done.

2 277 Q. Did you, at any stage prior to making the statement,

3 consider the impact it would have upon Mr. Corrigan's

4 family?

5 A. All of these matters, of course, I would take into

6 consideration. I also had to take into consideration the

7 families of Harry Breen and Bob Buchanan; they have rights

8 as well, they have the right to establish the truth. And

9 where the allegations have been made and where information

10 has been presented, I felt that this justified the holding

11 of an independent public inquiry, and that inquiry would

12 establish the facts. That is all that I have asked for.

13 That is what I said in the House of Commons. This Inquiry

14 is the vehicle by which we will establish the facts.

15 278 Q. If you are wrong about Owen Corrigan and what you said

16 about him, would you agree with me that the families of

17 Chief Superintendent Breen and Superintendent Buchanan were

18 not served well by your incorrect statement, if you were

19 wrong?

20 A. No, I would not believe that for one moment.

21 279 Q. Okay, you don't think that those families have been done a

22 disservice if you falsely put out there information

23 suggesting that their loved ones had been murdered through

24 the collusion of a man, and that man was fully innocent,

25 you don't think that's a disservice to those families?

26 A. I suggest to you there is a difference between falsely

27 putting out information and putting out information that is

28 false. My motivation in all of this is based on the

29 information that I have been given. As a public

30 representative, I had to make a judgement-call. I took

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 67

1 into consideration all of the people involved, including

2 the families, and I felt that there was an imperative to

3 have an independent public inquiry into these matters. The

4 inquiry will establish whether or not these -- the

5 information is accurate.

6 280 Q. My client --

7 A. That is not my job.

8 281 Q. My client wanted to be here this afternoon, Mr. Donaldson,

9 but unfortunately he is in hospital, but what he

10 specifically wanted me to say to you, and I think I have an

11 obligation to say it to you, and I know as a Christian

12 gentleman you'll want to reflect upon it, but he wanted me

13 to say that the thing that offended him and upset him most

14 is that this allegation which you made eleven-and-a-half

15 years ago, was still out there in the public domain when

16 his wife died in 2008, and he says, and will give further

17 evidence about this, that as a result of your statement in

18 the House of Commons, and I know you may not have intended

19 this, but as a result of your statement, his life and the

20 life of his family was completely traumatised. Can you

21 accept that that would have been the consequence of your

22 statement?

23 A. I can't accept that, because I don't have the evidence that

24 that is the case.

25 282 Q. I am saying it to you from --

26 A. He is entitled to his view, of course. I respect that.

27 283 Q. He knows about the impact upon his family more than you,

28 doesn't he?

29 A. My motivation in all of this was not to harm anyone, but it

30 was to ensure that an inquiry was established to determine

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 68

1 the facts and the truth. Now, in politics, you have to

2 make balanced judgements. The Peace Process has been a

3 long journey in which balanced judgements have had to be

4 made about many, many difficult and challenging issues.

5 This is one of them, and I had to make a balanced

6 judgement. In weighing up that balanced judgement, I had

7 to consider, of course, Mr. Corrigan, his family, the

8 families of Harry Breen and Bob Buchanan and the public

9 interest. I came to a decision, based on my own judgement.

10 I am not asking anyone to accept that judgement. I stand

11 by it. It is my judgement. I made the decision. I

12 believe it was the right decision. I do not resile from

13 it.

14 284 Q. Can we agree that where we are today is that you do not

15 know whether Owen Corrigan was involved in collusion

16 leading up to these murders, but --

17 A. That is the purpose of this Inquiry, and my motivation in

18 naming him in the House of Commons was to make the case

19 that there is information linking him to the murders and

20 this needs to be examined, it needs to be investigated and

21 that the best vehicle for doing that would be an

22 independent public inquiry. That is all that I asked for.

23 285 Q. Okay. But maybe, with the benefit of hindsight, would you

24 agree with me that you could have done this without naming

25 him?

26 A. I could have done many things. I made a judgement-call. I

27 stand by that judgement.

28 286 Q. Okay. And, of course, you didn't name Kevin Fulton in

29 terms of, I have evidence from an agent, didn't you?

30 A. No.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 69

1 287 Q. Why didn't you name Kevin Fulton?

2 A. I subsequently did.

3 288 Q. Why didn't you name him in 2000?

4 A. I didn't think it was necessary.

5 289 Q. Did you think that it may pose a threat to him?

6 A. Potentially. That may have been the case, but it wouldn't

7 have been the overriding issue because I think Kevin Fulton

8 was in a position at that stage where he was being provided

9 with a degree of security.

10 290 Q. Did you think that you were exposing Mr. Corrigan to a

11 threat of violence?

12 A. No, I did not believe that to be the case.

13 291 Q. After you made your statement, you got a letter from

14 Mr. Corrigan's solicitor, isn't that correct?

15 A. I am told that a letter was sent to me. I do not believe I

16 ever received the letter.

17 292 Q. I'll hand you up a copy of it now, and a copy for the

18 Chairman, as well.

19 (Document handed to the witness and Chairman)

20 This is a letter, Mr. Donaldson, dated the 18th of April,

21 2000, from Patrick Quinn & Company. Are you saying you

22 didn't get this letter?

23 A. I have no recollection of ever having received a letter

24 from Mr. Corrigan, but I am aware that he has stated in the

25 media that a letter was sent to me.

26 293 Q. Well, is there another Mr. Jeffrey Donaldson, MP, in the

27 House of Commons, London, SW1?

28 A. Not that I am aware of, no. There was at the time a Lord

29 Donaldson, and we occasionally received each other's

30 e-mails.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 70

1 294 Q. Are you suggesting that you didn't get this letter?

2 A. That is, indeed, what I am suggesting.

3 295 Q. Well, I have to suggest to you that that's not a plausible

4 explanation, Mr. Donaldson.

5 A. Well...

6 296 Q. This letter was sent by a solicitor, and, if needs be, we

7 will call evidence from his former solicitors.

8 A. I have no doubt the letter was sent, but that is not

9 evidence of the letter having been received. It is not

10 unusual, I can tell you, for correspondence that is sent to

11 me to go missing in the post.

12 297 Q. Yeah, well I don't think this went missing.

13 A. Well, there you go.

14 298 Q. Let's open the letter. 18th of April, 2000. It's

15 addressed to Mr. Donaldson:

16

17 "Dear Sir,

18 We refer to a report in last Friday's edition of the

19 Telegraph in which it is stated that you used

20 parliamentary privilege to claim that our above-named

21 client had been involved in the double murder of Chief

22 Superintendent Harry Breen and Superintendent Bob Buchanan

23 in 1990. We appreciate that what might be said under cover

24 of parliamentary privilege is not actionable, but we are

25 nonetheless instructed by our client to write to you for

26 the purpose of saying that what you have alleged against

27 our client is a monstrous lie, and anyone who had the

28 slightest knowledge of the course of our client's dealings

29 with criminal subversives during the course of his career

30 in An Garda Siochana would know that to be the case.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 71

1 You must be aware that an allegation of the type you have

2 made is immediately liable to have the effect of

3 endangering the life of the object of it, and it is surely

4 reasonable, therefore, to expect that a responsible

5 parliamentarian would only make such an allegation in

6 circumstances where, firstly, there was evidence available

7 to put beyond doubt the veracity of such an allegation, and

8 secondly, where there was a clear and urgent public

9 interest that such an allegation should be made.

10

11 "Our client was not in any way, shape or form linked to the

12 brutal murders to which you referred. He was not, as a

13 matter of fact, aware that the two RUC officers were in

14 Dundalk on the day in question. It follows that there can

15 be no evidence to the contrary. It is obviously a matter

16 of the most serious concern when someone in our client's

17 position is made the subject of vile and unfounded

18 allegations based on nothing more than malicious rumours,

19 generated by jealous, disaffected or mercenary third

20 parties. It is a matter of even greater concern when a

21 Member of Parliament can be so taken in by this kind of

22 malicious falsehood that he should feel it appropriate to

23 use parliamentary privilege in such a way as will

24 effectively endanger the life of an innocent man and the

25 lives of innocent members of his family."

26

27 Now, do you recall that letter?

28 A. I honestly do not recall the letter.

29 299 Q. Well, if you had received a letter like that, do you think

30 you would recall it?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 72

1 A. Twelve years ago?

2 300 Q. Well, we got no reply to the letter.

3 A. No.

4 301 Q. Now, that suggests two things: First of all, you may be

5 correct in terms you never got the letter. I am sure that

6 can be checked through your records, can it?

7 A. I have no idea.

8 302 Q. Do you keep letters from eleven years ago, Mr. Donaldson?

9 A. No, no.

10 303 Q. What do you do with them?

11 A. Six years I keep records.

12 304 Q. So either your explanation is that the letter didn't

13 arrive, or, alternatively, the explanation is, you couldn't

14 care less about Owen Corrigan, and if a letter came in

15 about him, you wouldn't even bother reading it?

16 A. That wouldn't be true. I would certainly -- I read all

17 letters that come in to me.

18 305 Q. Did you ever feel that you should have sent a letter to

19 Owen Corrigan, a letter of explanation to him or his

20 solicitor, as to why you made the statement in the House of

21 Commons?

22 A. No.

23 306 Q. Can I ask you about Mr. Mains. When did you meet Alan

24 Mains for the first time?

25 A. I met Alan for the first time when he came to me about a

26 family matter that he sought my assistance with.

27 307 Q. Okay. And you --

28 A. Not in a professional capacity.

29 308 Q. And you said in your statement, at the end of it, that you

30 only became aware of Mr. Mains' statement, I think, after

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 73

1 Weston Park, is that correct?

2 A. Yes.

3 309 Q. Did you ever discuss the Breen and Buchanan murders with

4 Mr. Mains?

5 A. No.

6 310 Q. No, you didn't. Okay. So I don't need to ask you about

7 that. I just want to ask you whether you are aware of some

8 important pieces of information about Mr. Corrigan, because

9 I think you knew very little about him before you made your

10 statement, is that fair to say?

11 A. It would, I suppose, yes.

12 311 Q. You wouldn't have been aware that he had been a member of

13 An Garda Siochana for 31 years, would you have been?

14 A. I was aware that he was a long-serving member. I don't

15 know that I would have known the specific years.

16 312 Q. Were you aware that a retired Assistant Commissioner of An

17 Garda Siochana, Mr. Ainsworth, said of Mr. Corrigan that

18 "His supply of intelligence was one of the best in the

19 State."

20 A. I would not have been aware of that, no.

21 313 Q. Could I ask you again, Mr. Donaldson, to look at the cipher

22 and see if you can identify Witness No. 27?

23 A. Yes.

24 314 Q. Is that a gentleman of whom you are aware?

25 A. No.

26 315 Q. He was a very senior member of the Royal Ulster

27 Constabulary whose life was threatened on so many occasions

28 by the Provisional IRA that he had to leave Northern

29 Ireland. He gave evidence to this Tribunal that

30 Mr. Corrigan provided him with excellent intelligence on

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 74

1 the Provisional IRA. Were you aware of that?

2 A. No.

3 316 Q. He also gave evidence that Mr. Corrigan saved his life in a

4 threatened IRA ambush. Were you aware of that?

5 A. No.

6 317 Q. Were you aware that Mr. Corrigan was the member of An Garda

7 Siochana who physically handed over Dominic McGlinchey when

8 he was being extradited?

9 A. No.

10 318 Q. Would you agree with me that the extradition of Dominic

11 McGlinchey was quite a significant event in terms of the

12 two jurisdictions on this island?

13 A. Indeed.

14 319 Q. Were you aware that Mr. Corrigan was asked to be the guard

15 to hand over Mr. McGlinchey because other members of An

16 Garda Siochana didn't want to be seen to be handing him

17 over because of the potential threat of harassment that

18 could be exposed to them?

19 A. No, I wasn't aware.

20 320 Q. Were you aware that after Mr. Corrigan handed over Dominic

21 McGlinchey, that the Provisional IRA put posters of him up

22 around Dundalk stating "Wanted for Treason," were you aware

23 of that?

24 A. No, I wasn't, although Dominic McGlinchey, I believe, was a

25 member of the INLA.

26 321 Q. That is correct, but posters were put up. It didn't state

27 who were the publishers of the posters?

28 A. Ah, you said it was the Provisional IRA.

29 322 Q. I beg your pardon. Was put up by subversives, stating

30 "Wanted". Were you aware of that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 75

1 A. Who knows who put them up?

2 323 Q. Well, what are you suggesting, that Mr. Corrigan put them

3 up?

4 A. I am not. I am just saying, who knows who put them up? I

5 don't think you or I know.

6 324 Q. Okay. Were you aware that posters were put up?

7 A. No.

8 325 Q. Of that, there is no doubt?

9 A. No.

10 326 Q. With photographs of Mr. Corrigan, stating "Wanted"?

11 A. No.

12 327 Q. Okay. Were you aware that Mr. Corrigan and his wife were

13 out for a drink one evening and they were attacked by

14 members of the Provisional IRA on a social occasion?

15 A. No.

16 328 Q. Okay. That's a factor that your friend Kevin Fulton has

17 included in one of his statements. So presumably you

18 believe that?

19 A. He has said what?

20 329 Q. He has said that Owen Corrigan and his wife were attacked

21 one evening. They were having a drink, members of the

22 Provisional IRA came up and threw pints of beer over both

23 of them. Mr. Fulton even acknowledges that. Do you think

24 that's the way that the IRA would treat a valued mole in An

25 Garda Siochana?

26 A. Potentially, yes. It's a good way of covering your tracks.

27 330 Q. Were you aware that Mr. Corrigan was severely beaten up by

28 the Provisional IRA after he left An Garda Siochana?

29 A. No.

30 331 Q. Do you think that's how the IRA would treat a valued mole?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 76

1 Presumably, the answer is yes?

2 A. They treated their own members that way.

3 332 Q. Are you aware that one newspaper published an article about

4 Mr. Corrigan, repeating the allegations you made about him,

5 and Mr. Corrigan went to court and sued the newspaper? He

6 got substantial damages from the newspaper. Were you aware

7 of that?

8 A. The Sunday Times, I believe.

9 333 Q. Incorrect. It was Associated Newspapers.

10 A. Okay.

11 334 Q. Is it a coincidence that the only two occasions upon which

12 you have made allegations about Owen Corrigan colluding

13 with the IRA have occurred when you have the benefit of

14 either a parliamentary or statutory privilege?

15 A. I am a member of Parliament. Parliament is the place where

16 I raise these issues.

17 335 Q. If a journalist asks you outside this building, as you are

18 departing, whether or not you'll repeat the allegation

19 about Owen Corrigan, Mr. Donaldson, will you do so?

20 A. I have said what I wanted to say in the House of Commons.

21 I have no reason to say it anywhere else other than in this

22 Tribunal, which is the place where it properly should be

23 said, because this is the Tribunal that is considering the

24 facts.

25 336 Q. And will you try and answer the question?

26 A. I have answered the question.

27 337 Q. If a journalist outside this building asks you will you

28 repeat the allegations that you made against Owen Corrigan

29 in the House of Commons, and indeed here, will you do so?

30 A. I would say, you should have been inside listening to what

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 77

1 I had to say.

2 338 Q. So the answer is, you won't?

3 A. I will state the facts as I have stated them in Parliament

4 and in this place, because I believe these are the

5 appropriate places to do so.

6 339 Q. And I have to suggest to you the reason they are the

7 appropriate place for you is because you have the

8 protection of privilege here and you are afraid to say them

9 outside because you know you don't have the proof or the

10 evidence to back up your suggestions?

11 A. Well, I would disagree with that.

12 340 Q. Okay. Were you aware of a member of the RUC, who

13 unfortunately died in the helicopter crash, called Brian

14 Fitzsimons?

15 A. Yes.

16 341 Q. He was a very senior figure in the Royal Ulster

17 Constabulary, isn't that so, Mr. Donaldson?

18 A. I believe so, yes.

19 342 Q. He was a person who was well-acquainted with Owen Corrigan,

20 and, in fact, evidence was given yesterday by Mr. Ryder

21 that he encountered Brian Fitzsimons and Owen Corrigan, and

22 Owen Corrigan will give evidence to the effect that he

23 provided useful intelligence information to Brian

24 Fitzsimons. Do you have any reason to dispute that?

25 A. No.

26 343 Q. Would you agree with me that although it was no way

27 comparable to the position that members of the RUC found

28 themselves in, it was, nonetheless, difficult for members

29 of An Garda Siochana to operate in Dundalk in the 1970s and

30 1980s?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 78

1 A. No more than it was for RUC officers to operate in south

2 Armagh.

3 344 Q. Well, that's why I prefaced -- I would have thought they

4 are not comparable, because RUC officers were under the

5 constant threat of being murdered, whereas Garda officers,

6 in fairness, weren't; I think you'll accept that?

7 A. In most cases, yes.

8 345 Q. What I was trying to say to you is that, would you accept

9 that it was difficult to be a member of An Garda Siochana

10 in Dundalk, in the border areas, in around the seventies

11 and eighties, because there were so many subversives there?

12 A. Well, if the comparison is between Dundalk and Mayo, you

13 may well be correct. I'm not sure what you are suggesting.

14 346 Q. Well, Gardaí were intimidated by the IRA.

15 A. So were politicians. It is a question of whether or not

16 you stand up to the intimidation or bow down to it.

17 347 Q. We are not -- it's not a competition as to --

18 A. I understand that.

19 348 Q. -- who is on the hierarchy, Mr. Donaldson --

20 A. I am simply saying I can understand the position they were

21 in.

22 349 Q. Yes. You accept that Gardaí were intimidated? And, in

23 fact, the Chairman has heard evidence to that effect.

24 A. I suggest to you there probably isn't a police force in the

25 world where police officers are not subjected to

26 intimidation.

27 350 Q. And Owen Corrigan has given evidence here, and others have

28 given evidence to this effect as well, that he stood up

29 bravely to the Provisional IRA in its campaign of violence

30 for 20, 30 years of his career. That's the evidence he

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 79

1 will give. And, in part, it's because of that,

2 Mr. Donaldson, that he found your statements so offensive.

3 Can you understand, from his point of view, why he was so

4 offended by what you said?

5 A. He is entitled to his point of view, of course.

6 351 Q. And with the benefit of what you know now, about mistakes

7 in the Toby Harnden book, about evidence that has been

8 given about Kevin Fulton, about the impossibility of

9 Mr. Corrigan being in the car the weeks or months before

10 the murder of Tom Oliver, on the basis of that, would you

11 be prepared to withdraw the allegations you made against

12 Owen Corrigan in the House of Commons?

13 A. No. I was given information, information that I felt it

14 was important to put into the public domain for the express

15 purpose of securing a public, an independent public

16 inquiry. That inquiry is now taking place, and I am

17 content for the inquiry to pursue the matter and to come to

18 its findings.

19 352 Q. Well, maybe I'll ask you a lesser question, then. If, at

20 the conclusion of this Inquiry, the Chairman reaches a

21 conclusion that Owen Corrigan was not involved in colluding

22 in the killings of Chief Superintendent Breen and

23 Superintendent Buchanan, will you make a statement in the

24 House of Commons withdrawing what you said on the 13th of

25 April, 2000?

26 A. It depends on what you mean by "the allegations". The

27 allegations have been made by others. I have repeated them

28 in the House of Commons for the purpose of securing an

29 independent inquiry. If the Inquiry concludes that

30 Mr. Corrigan was not involved in collusion, and the facts,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 80

1 as contained in the report of the Inquiry, support that,

2 then I will have to accept the findings of the Inquiry.

3 353 Q. And would you consider even apologising to him if that

4 occurred?

5 A. Well, I will consider all of those things at the time.

6 MR. O'CALLAGHAN: Thank you, Mr. Donaldson.

7

8 MR. COFFEY: No questions.

9

10 MS. O'SULLIVAN: No questions.

11

12 MS. O'HARE: I have a few questions for Mr. Donaldson.

13

14 THE WITNESS WAS CROSS-EXAMINED BY MS. O'HARE AS FOLLOWS:

15

16 354 Q. MS. O'HARE: Mr. Donaldson, I am here today on behalf of

17 Mr. Freddie Scappaticci, and his name is mentioned in the

18 notes that you have been referred to already. You say that

19 when you spoke to Kevin Fulton on the two meetings, during

20 the two meetings before your first statement in the House

21 of Commons, that he did not mention Scappaticci to you;

22 that's the case?

23 A. That's correct.

24 355 Q. Thank you.

25

26 CHAIRMAN: Any other questions?

27

28 29

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 81

1 THE WITNESS WAS CROSS-EXAMINED BY MR. McGUINNESS

2 AS FOLLOWS:

3

4 356 Q. MR. McGUINNESS: Good afternoon, Mr. Donaldson. My name is

5 Mr. McGuinness. I appear for An Garda Siochana.

6 Mr. Donaldson, over your career, you have displayed a very

7 great interest and knowledge of security and police

8 matters, I think you'd agree with that. And I take it

9 you'd also agree with me that, as a public representative,

10 you are in a privileged position, not simply a

11 parliamentary privilege, but you are privileged because you

12 get to hear a lot of information that other people in other

13 jobs would never get to hear, you'd agree with that?

14 A. I would, indeed.

15 357 Q. And you have contact with Government departments and the

16 police forces and the security services and you are privy

17 to information that is never published, and can't be

18 published in many cases, would you agree with that?

19 A. I would.

20 358 Q. And I just want to be clear. As I understand your

21 evidence, and correct me if I am wrong, but can I summarise

22 it in this way, by suggesting to you that you have no

23 evidence, as it were, implicating Mr. Corrigan or any other

24 member of An Garda Siochana, other than what Mr. Fulton

25 told you?

26 A. And what was contained in the book, Toby Harnden's book.

27 359 Q. Mr. Harnden's book?

28 A. Yes. And there are a number of cases within Mr. Harnden's

29 book to which I referred in my comments in the House of

30 Commons that we haven't gone into detail on here today. So

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 82

1 there may be other information apart from what Mr. Fulton

2 had said to me. But in relation to Breen and Buchanan,

3 that is correct.

4 360 Q. And so it means that before you met Mr. Fulton in late

5 1999, Mr. Corrigan's name had never been mentioned to you?

6 A. Not that I can recall.

7 361 Q. And you hadn't received any information from any of the

8 security services or the police, implicating any member of

9 An Garda Siochana in collusion?

10 A. Not Mr. Corrigan.

11 362 Q. And insofar as the capability of the IRA were concerned,

12 you would have a great deal of knowledge about their

13 killing capacity?

14 A. Indeed.

15 363 Q. Both for personal and, obviously, political reasons. But

16 have you come across instances where you have seen examples

17 of some of their atrocities where they have obviously

18 targeted people over perhaps a number of months?

19 A. Yes, of course.

20 364 Q. And put them under surveillance?

21 A. Yes.

22 365 Q. And intercepted their phones, perhaps?

23 A. Myself included.

24 366 Q. And all of those things were within the capacity of the

25 IRA?

26 A. Indeed.

27 367 Q. During many years of their campaign?

28 A. Yes.

29 368 Q. Now, Mr. O'Callaghan asked you about an interpretation of

30 Mr. Fulton's statement suggesting possible RUC collusion

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 83

1 with the IRA, and Mr. Fulton will be here to give his

2 explanation for that. But did you ever hear of any rumours

3 or concerns relating to RUC collusion with the IRA in

4 relation to these murders?

5 A. Yes, of course. As I have said earlier, even around the

6 time of the murders, there would have been talk of possible

7 collusion.

8 369 Q. And did you ever receive any information or evidence in

9 relation to that, other than just hearing rumours?

10 A. Nothing as specific as that provided by Mr. Fulton.

11 370 Q. But -- I am not sure whether you misheard my question. I

12 was putting it in the context of rumours of RUC collusion

13 with --

14 A. Sorry, my apologies. Sorry. There have been allegations

15 of collusion by the RUC with loyalist paramilitaries which

16 have been the subject of, and are the subject of,

17 inquiries. I am not aware of specific inquiries relating

18 to allegations that the RUC colluded with the IRA and no

19 one has come to me with evidence of that nature.

20 371 Q. Did you hear any talk of those concerns around the time of

21 the Weston Park negotiations, in relation to the Breen and

22 Buchanan murders?

23 A. Of the RUC colluding with the IRA?

24 372 Q. An RUC officer colluding?

25 A. No.

26 373 Q. You didn't hear any talk of that?

27 A. No.

28 374 Q. All right. Now, in relation to Mr. Fulton, I think you

29 told the Chairman that he did raise the issue of a pension

30 with you, is that right, or compensation of some form?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 84

1 A. He did, Chairman. He wrote to me -- in fact, I have the

2 letter with me, if you'll excuse me for one moment. He

3 wrote to me on the 29th of July, 2005, in connection with

4 his own personal circumstances.

5 375 Q. But did he raise the issue verbally with you before that at

6 any stage?

7 A. No, and indeed that's clear from a reading of the letter.

8 376 Q. And you don't know whether he had been agitating about the

9 issue of compensation from the Ministry of Defence from

10 earlier?

11 A. No, and it had never been mentioned to me and nor was I

12 aware that he had raised such a matter.

13 377 Q. Because he has published a book; I don't know whether you

14 have read that book?

15 A. I am aware of the book, yes.

16 378 Q. And have you had time to read it amongst your --

17 A. I have, yes, several years ago.

18 379 Q. Did you see in the introduction to that book written by

19 Mr. Martin Ingram, he said that he first met Mr. Fulton in

20 1999 in Dublin, because he, Mr. Fulton, was anxious to

21 raise this issue of compensation from the Ministry of

22 Defence. So were you not aware that he appears to have

23 been agitating about that for at least that, around that

24 time?

25 A. No, I am not, and that is clear from the tenor and the

26 content of this letter, he had never raised it with me, nor

27 was I aware that he had been raising it with others.

28 380 Q. Okay. So if it was a concern of his, whether in '99 or

29 not, he never told you of that?

30 A. No, he didn't.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 85

1 381 Q. And you weren't aware of it otherwise?

2 A. No. And if I may, Chairman, quote from the second

3 paragraph of the letter.

4 382 Q. Of course.

5 A. This is dated the 29th of July, 2005:

6 "Accordingly, I would now ask you to help individuals such

7 as myself, a former member of the British Army, who played

8 a specific role in the intelligence war against the IRA."

9 Note the "Accordingly, I would now ask". He had never

10 raised it with me prior to that, and he had never written

11 to me. Indeed, the first line of the letter says "Excuse

12 me for writing directly to you." This was the first time I

13 had received correspondence from Mr. Fulton.

14 383 Q. Thank you for that, Mr. Donaldson. Well, when you did meet

15 him in late 1999 or -- and early 2000, did you know whether

16 or not he had been involved in any murders or not?

17 A. No. He has not ever told me that he was involved in

18 murders.

19 384 Q. It's just Mr. Ingram, in his introduction to Mr. Fulton's

20 own book, says "Initially, I have to admit to feeling

21 sceptical about meeting with this murderer."

22 But you weren't aware of any issue relating to anything

23 like that?

24 A. No.

25 385 Q. And Mr. Fulton certainly didn't tell you anything about

26 that?

27 A. No, he didn't, nor has he ever.

28 386 Q. And you are aware, in the book he describes, as he says,

29 working with the IRA, building bombs, and making bombs for

30 and with them on occasion. And was that something that you

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 86

1 were aware of when you were meeting him?

2 A. Not for the first time, no.

3 387 Q. And for the second time, did you know that?

4 A. Well, he told me that he had infiltrated the IRA, and

5 obviously someone who infiltrates the IRA is going to

6 become involved in activities which are unlawful.

7 388 Q. But did he tell you that or was that something you learnt

8 from your senior security source?

9 A. That is something I deduced for myself.

10 389 Q. But -- something that you deduced from yourself?

11 A. Initially, yes.

12 390 Q. But it's not something you raised with Mr. Fulton, as to

13 what he had been doing in the IRA?

14 A. Oh, indeed I did, and at subsequent meetings, and I am

15 involved in some other cases which involved Mr. Fulton, one

16 of which is currently the subject, and has been for several

17 years, of an investigation by the Police Ombudsman for

18 Northern Ireland. And in the course of my discussions with

19 Mr. Fulton about that case, we have discussed precisely

20 those kinds of activities.

21 391 Q. But, I don't know if you saw a published report in a

22 newspaper this year, in the Guardian newspaper; it purports

23 to quote Mr. Fulton as making a claim about the Breen and

24 Buchanan murders, and I was wondering whether you could

25 tell the Chairman whether he has ever made that claim to

26 you?

27 A. I didn't see the claim.

28 392 Q. Perhaps I'd read that out --

29 A. I don't read the Guardian.

30 393 Q. It's also in the Banbridge News.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 87

1 A. The Banbridge Chronicle. Outside my constituency, I am

2 afraid.

3 394 Q. The quotation from the paper is: "Another FRU agent and

4 one-time IRA member known as Kevin Fulton has claimed State

5 agents involved in the ambush killed the two police

6 officers to prevent them being handed over to a provisional

7 interrogation unit with the danger of them leaking the

8 names of informants under torture."

9 Now, I don't know whether that's, obviously, a correct

10 quote of Mr. Fulton, but, on that assumption, did he ever

11 make such a claim to you?

12 A. No.

13 395 Q. And may the Chairman take it, you have obviously no

14 evidence to substantiate that kind of claim?

15 A. No, although I have read about the manner in which the two

16 officers were killed.

17 396 Q. You did raise a concern in your evidence, in direct

18 evidence to Mrs. Laverty, about the Warrenpoint, the Narrow

19 Water investigation there?

20 A. Yes.

21 397 Q. Did you know that, in fact, at the same time as the

22 explosion that killed all the officers, that a young man

23 had been shot on the southern side of the border, a

24 Mr. Hudson, and a cousin of his had been injured in a

25 shooting at the same time?

26 A. It may have featured in the news at the time, but it was

27 not something that I laterally was aware of.

28 398 Q. Well, did you know that the guards were investigating not

29 merely the issue of the bombing, but also a murder

30 investigation as well?

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 88

1 A. I wasn't, but I am now.

2 399 Q. All right. Did you know that the Chief Forensic Scientist,

3 the expert brought by the authorities in Northern Ireland

4 to the scene of the bombing, that he was given access to

5 what were two suspected firing points on the southern side,

6 on two occasions, in liaison with the Gardaí; did you know

7 that at the time?

8 A. No.

9 400 Q. Did you know that he viewed it, apparently, on a third

10 occasion on his own, did you know that?

11 A. No, no.

12 401 Q. And you'd expect that the Gardaí would have, themselves,

13 preserved the scene and taken what samples that they

14 determined were necessary?

15 A. One would have expected that to be the case.

16 402 Q. And did you know, as a matter of fact, that the Garda

17 forensic report was handed over to the RUC at a very early

18 stage of the investigation?

19 A. I was aware that there was a report handed over, but I

20 wasn't clear about at what stage.

21 403 Q. All right. But I am not quite clear, are you making any

22 allegation or do you have any information to suggest that

23 there was any collusion by any member of An Garda Siochana

24 in relation to that issue?

25 A. May I consult my comments made in Parliament?

26 404 Q. Indeed.

27 A. No, I did not link collusion to the Narrow Water case.

28 405 Q. And have you any evidence or information as such now today

29 to suggest there is any collusion?

30 A. No, I think the point that I had made about the Narrow

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 89

1 Water case was inadequacies in the level of cooperation.

2 406 Q. All right. And just turning on to another issue that

3 Mrs. Laverty asked you about. She asked you had you ever

4 been asked by the authorities in Northern Ireland for any

5 information after you made your speech on the 13th of

6 April.

7 A. No.

8 407 Q. I think you said you weren't?

9 A. Yeah.

10 408 Q. She asked the same question in relation to the Gardaí. I

11 am not clear what the position is. Are you critical of the

12 Gardaí for not having asked a parliamentarian in another

13 jurisdiction --

14 A. No, no, not at all.

15 409 Q. And may the Chairman and the public take it that, given

16 that Mr. Buchanan was a constituent, that if you had had

17 any information or evidence, you would have brought it to

18 the RUC yourself immediately?

19 A. Yes. And that's why I say that I wasn't expecting the

20 Garda to be in touch with me. I would have expected it to

21 have been the RUC.

22 410 Q. But in any event, I don't know, did you go to the RUC with

23 any information?

24 A. Not about Narrow Water, no.

25 411 Q. I am talking about Breen and Buchanan.

26 A. Yes, I went to a senior member of the security forces about

27 the Breen and Buchanan case.

28 412 Q. But was that in connection with Mr. Fulton's approach to

29 you?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 90

1 413 Q. Well, I mean, may the Chairman take it that Mr. Fulton told

2 you that whatever information he had, he had already given

3 it to his handlers?

4 A. Indeed.

5 414 Q. And in the aftermath of your speech, did you have any other

6 information to give to the RUC or the Gardaí about the

7 Breen and Buchanan murders?

8 A. Not that, in my opinion, would have already been in their

9 possession. I believe that what Kevin Fulton told me, he

10 had told his handlers.

11 415 Q. But, factually, is it the case then --

12 A. But I did share that information with the security forces.

13 416 Q. Yes. But, factually, is it the case, then, that after your

14 speech and after having met Mr. Fulton, the only thing you

15 could say to anyone was what Mr. Fulton had told you?

16 A. In relation to -- yes, of course. No one else had come

17 forward to me with information other than that provided by

18 Mr. Fulton.

19 417 Q. And you -- certainly, you didn't go to the RUC after your

20 speech to say, "I have got all of this information or

21 evidence in relation to the Breen and Buchanan murders"?

22 A. I went to the security forces before my speech. And I was

23 aware that after my speech and after the publication of the

24 Harnden book, there was a review being undertaken by the

25 police authorities on both sides of the border, yes.

26 418 Q. You knew of Chief Superintendent McBurney's inquiries that

27 were going on?

28 A. I wouldn't have been aware of the individual, but of the

29 inquiry, yes.

30 419 Q. Thank you, Mr. Donaldson.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 91

1

2 CHAIRMAN: Any other questions for the witness? Any

3 re-examination, Mrs. Laverty?

4

5 MRS. LAVERTY: Yes, Chairman. I won't detain you much

6 longer, Mr. Donaldson.

7

8 THE WITNESS WAS RE-EXAMINED BY MRS. LAVERTY AS FOLLOWS:

9

10 420 Q. MRS. LAVERTY: One matter that arises out of the

11 cross-examination by the various parties here is that,

12 firstly, you were asked if there were any criticisms of the

13 Garda in relation to Narrow Water, and I think you said no,

14 it only came up in the context of something else, when you

15 made a comment about Narrow Water in the House of Commons.

16 A. Yes, it was in relation to comments made by a senior police

17 officer, Eric Anderson.

18 421 Q. Yes. And I think that he is giving a statement to the

19 Tribunal. Now, if I can just go back to the 13th of April

20 when you made your speech in the House of Commons, your

21 first speech, 13th of April, 2000. At that stage, you had

22 already spoken to Kevin Fulton. You made your speech,

23 having checked out the likelihood of it being true with a

24 senior security person. The 20th of December, 2000, that

25 year again, you had a supplementary question in the House

26 of Commons, and you told us that during that period of time

27 nobody had interviewed you about your earlier comments

28 about Kevin Fulton, neither the Gardaí nor the police

29 services in the North, and I take it that you would have

30 had absolutely no objection to discussing with senior

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 92

1 member of the Gardaí the allegation that you had made

2 openly in the House of Commons?

3 A. No, I would have.

4

5 MR. O'CALLAGHAN: I don't want to interrupt Mrs. Laverty,

6 Chairman, but Mr. Donaldson didn't say that he had checked

7 out the likelihood of it being true with the security force

8 member. He said he checked out the reliability of

9 Mr. Fulton. Mr. Fulton was the issue, not the story.

10

11 MRS. LAVERTY: I stand corrected.

12 A. And I was going to deal with that in my response. Yes, I

13 would have been happy to have discussed this with police

14 officers from either jurisdiction.

15 422 Q. Now, would you be very surprised to hear that during the

16 course of that year, that there was a very comprehensive

17 investigation being carried out by the Gardaí in the south,

18 called the Camon-Kirwan investigation, into allegations

19 concerning Garda collusion with the Provisional IRA; that

20 included subsequently when the report was published in May,

21 I think, 2000 -- it was reported to the Government -- it

22 actually included your first speech, would that surprise

23 you because, in fairness to you, and also in fairness to

24 Mr. Corrigan, I feel it's important to open this.

25

26 If I could -- if you could, Mr. Mills, put up just the

27 Index of the investigation contained in the Camon-Kirwan

28 Report on the screen and I'd like to show you precisely the

29 paragraphs that were being investigated, Mr. Donaldson.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 93

1 If I could just have the title plays, Mr. Mills, first?

2 You'll see that the first one is:

3 "An Allegation Concerning Garda Collusion With the

4 Provisional IRA (PIRA) in Five Terrorist Incidents in the

5 Border Area of Louth/Armagh During the Period 1985 to 1991.

6

7 Garda Investigations and Analysis of All Relevant Files on

8 the Issues."

9

10 So that's the title page.

11

12 The table of contents, then, there is an Executive Summary.

13

14 "1. Subject.

15 2. Introduction.

16 3. Allegations contained in Bandit Country.

17 4. Allegations contained in The Irish Times article by

18 Kevin Myers on the 10th March 2000.

19 5. Reaction to allegations from various sources.

20

21 "5.5. Allegations made by Mr. Jeffrey Donaldson, MP, in

22 the House of Commons on the 13th April 2000.

23

24 "5.6. Allegations made by Mr. Higgins, TD and

25 Mr. Flanagan, TD, in the course of debate in Dail

26 Eireann."

27

28 Now we have already had information, Mr. Donaldson, that

29 Mr. Higgins was not interviewed either. He made sort of

30 similar references, well something similar to you, but he

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 94

1 wasn't investigated either, or asked for a statement.

2

3 Now, paragraph 6: "Brief summary of terrorists incidents

4 where collusion is alleged and facts established during the

5 initial investigation in respect of each incident referred

6 to.

7

8 "6.1. Murder of four RUC officers in bomb explosion at

9 Killeen 20th May 1985.

10 6.2. Murder of Lord and Lady Gibson -- bomb explosion --

11 Killeen 25th April 1987.

12 6.3. Murder of the Hanna family -- bomb explosion,

13 Killeen -- 27th July 1988.

14 6.4. Murder of RUC officers -- Chief Superintendent Breen

15 and Superintendent Bob Buchanan -- 20th March 1989.

16 6.5. Murder of Tom Oliver -- 19th July 1991.

17

18 "7. Investigations and analysis into allegations contained

19 in "Bandit country" -- interview with Mr. Toby Harnden in

20 this regard.

21

22 "8. Second edition of Bandit Country: The IRA and South

23 Armagh by Toby Harnden.

24

25 "9. Investigation and analysis into allegations contained

26 in the Kevin Myers' article."

27

28 So, as you can see, this is a very detailed investigation

29 being carried out by the Garda in the south.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 95

1 Then it goes on:

2

3 "10. Antecedent history, career, profile -- Sergeant

4 Finbarr Hickey -- involvement in passport

5 irregularities.

6

7 "11. Recipients of false passports."

8

9 It mentions the recipients of those.

10

11 "12. Charges preferred against Hickey" and one other

12 matter.

13

14 "13. Career profile and other relevant issues -- Ex

15 Detective Sergeant Leo Colton.

16

17 And it looks at his service record. It looks at

18 proceedings in respect of allegations of breaches of Garda

19 Sergeant Colton -- 1990

20

21 And I think finally, we have "Career, profile, retirement

22 and other relevant issues -- Ex Detective Sergeant Owen

23 Corrigan." That's at paragraph 14.

24

25 His service record, overview, disciplinary proceedings

26 against Sergeant Corrigan in '88 and '89. Criminal

27 investigations into allegations of false pretences against

28 D/Sergeant Corrigan.

29

30 "Transfer order to SDU 1989 and interviews with ex

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 96

1 Detective Sergeant Corrigan and ex-Sergeant Colton."

2

3 And then there is a summary.

4

5 Mr. Donaldson, you would not have seen this report before,

6 I take it, it was presented to the Government, and you will

7 see from that report that Mr. Corrigan is not the only

8 person that was included --

9 A. Indeed.

10 423 Q. -- in this very substantial investigation. Now, that

11 investigation was going on during the year, or must have

12 commenced at some stage during the year that you had,

13 between the first time you mentioned Mr. Corrigan in the

14 House of Commons and when you mentioned him again in

15 December 2000, this particular investigation was going on,

16 and you say that you were never approached or interviewed

17 in relation to Mr. Corrigan, or indeed I presume in

18 relation to anybody else? Were you interviewed in relation

19 to Fulton?

20 A. No.

21 424 Q. Kevin Fulton?

22 A. No.

23 425 Q. The report itself, I think, was produced in May 2000 -- May

24 2001 -- sorry, on the 11th April 2000, it says there -- the

25 direction was given. In any event, 2001 this report came

26 out. Now, if somebody, at any stage, had interviewed you

27 in the intervening period during 2000 up to May 2001, if

28 any of the police authorities had interviewed you and asked

29 you about the allegations that you had made and had

30 undertaken specifically an investigation into those

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 97

1 allegations made by Mr. Fulton against Mr. Corrigan, would

2 that have satisfied you in your call for a public

3 investigation into the deaths of Breen and Buchanan? Would

4 it have partly satisfied you?

5 A. I had reached the stage where I felt that the only way to

6 deal with this properly across a range of incidents that

7 had occurred was an independent public inquiry. I am

8 afraid I would not have had the same level of confidence

9 that I have in this inquiry. And I think that is borne out

10 and justified in terms of the fact that at no time was I

11 approached about the inquiry by the Garda, at no time was I

12 advised of the findings. No one from the Irish Government

13 made any attempt to talk to either myself or my colleagues

14 about these findings, with the result that we pursued the

15 call for an independent inquiry at Weston Park, and

16 following the appointment of Judge Cory, we awaited the

17 outcome of his further investigation. So I think the

18 answer, on balance, is no.

19 426 Q. I accept what you are saying, that in the relation to the

20 investigation into the deaths of Breen and Buchanan, and

21 you have seen the guards were equally concerned about

22 allegations of collusion, that may have stood, but I am

23 considering what about Mr. Corrigan's position? Because,

24 if there had been any investigation, even at that stage,

25 and Mr. Corrigan had been given the opportunity of clearing

26 himself at that stage, we wouldn't be here today

27 investigating this particular thing, eleven years

28 afterwards, or ten years afterwards?

29 A. I expect that Judge Cory would have taken that into account

30 in coming to his decision.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 98

1 427 Q. Judge Cory didn't speak to Mr. Corrigan. In fact, Judge

2 Cory's report was produced in October 2003. And in fact

3 there is another matter: Judge Cory referred to the Kevin

4 Fulton statement, but he also -- and I'd like to just put

5 that up on the screen for the moment, please, Mr. Mills,

6 and I'd like you to comment, Mr. Donaldson, to see if there

7 is any -- was there any addition made to that statement by

8 Mr. Fulton. What he told on the 9th September 2003, what

9 he told Judge Cory was as follows:

10

11 "In 1979, I enlisted in the British Army. Within months

12 of my posting, I was recruited by a British intelligence

13 agency to act as an agent. In this capacity, I became a

14 member of the Provisional IRA.

15

16 "On one occasion in the late 1980s, I was with my senior

17 IRA commander Joseph Patrick Blair and another individual

18 in my car. I knew the other individual to be Owen

19 Corrigan, a member of Special Branch of the Gardaí. I was

20 introduced by Blair to Corrigan. I knew that Corrigan, who

21 was stationed at Dundalk, was passing information to the

22 Provisional IRA.

23

24 "I was in Dundalk on the day of the ambush of

25 Superintendent Buchanan and Chief Superintendent Breen. I

26 am aware that after the ambush took place, Joseph Patrick

27 Blair was told by a member of the IRA that Sergeant

28 Corrigan had telephoned the Provisional IRA to tell them

29 that Officers Breen and Buchanan were at the Dundalk

30 Station.

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 99

1

2 "I should add that I know nothing about the murder of Lord

3 Justice and Lady Gibson.

4

5 "I have read this statement..."

6

7 Now, does that correlate to what he told you or has he

8 expanded in any way in that?

9 A. No, that's a fairly accurate summary of what he said to me.

10 428 Q. He doesn't say in that that he met, that there was a

11 conversation the day of the murders about Blair -- with

12 Blair, I mean Mr. Collins?

13 A. No, he says that "I am aware that after the ambush took

14 place my senior IRA commander was told by a member of PIRA

15 that Garda B had telephoned to the Provisional IRA to tell

16 them that Officers Breen and Buchanan were at the Dundalk

17 Station."

18 429 Q. Yes, so that correlates to what he told -- but there is an

19 addition: you said that he described a tip-off on the day

20 in question.

21 A. And that was the word he used to me, yes.

22 430 Q. In fact I think that's exactly -- that's what he has told

23 in his formal statement to the Tribunal. He has referred

24 to a conversation --

25 A. I haven't seen that statement.

26 431 Q. The Weston Park -- Judge Cory, I might add as well, he --

27 Judge Cory relied on the Kevin Fulton statement, and he

28 also relied on three intelligence reports which he referred

29 to, if I can just find them here now, Mr. Donaldson. At

30 paragraph 2, 156, he referred to, he said that there were

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 100

1 three more recent intelligence reports. The first report,

2 he said:

3 "Let me turn to intelligence reports. The intelligence

4 report received within days and the early weeks following

5 the murders all suggest that PIRA members committed the

6 murders without relying upon any information that the

7 Gardaí or its employers could have supplied."

8 And that seems to, I presume that the Tribunal has seen

9 this because there are indications that certainly we have

10 intelligence that suggests that roads were covered and that

11 the PIRA were very well organised for this particular

12 ambush.

13

14 He then goes on to say: "On the other side of the ledger

15 there are three more recent intelligence reports to be

16 considered. The first received some two years after the

17 killings speak of information passed on by telephone from a

18 woman working at the Dundalk Station which led to the

19 murder of the officers. This report is ungraded."

20 So that's a report he considered at the time.

21

22 He said then: "As a result, it would not be impossible but

23 it would be difficult if there were standing alone to rely

24 upon it as constituting evidence of collusion. The second

25 report was received by the Gardaí many years after the

26 shooting and it speaks of a fruitful contact in the Gardaí

27 who passed on information that facilitated the murder of

28 Judge Gibson, the shooting of two RUC officers after their

29 visit to the Dundalk Station. I must note that this report

30 is based on double hearsay."

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 101

1

2 Now, would it surprise you to learn that in fact the

3 Tribunal has now ascertained, in evidence, that that

4 particular report was proximate to the murders; it wasn't

5 years later, as Judge Cory seems to believe, and in

6 addition, there were two other reports that don't appear to

7 have been presented to him. So there is an inaccuracy

8 there that has been discovered by the Tribunal all right.

9 I am told by My Friend that they were, in which case I

10 stand corrected. But in any event, Judge Cory is

11 inaccurate in that and that has been established by the

12 Tribunal that those intelligence reports were near the time

13 of the murders. And he then talks about a third report

14 received more than a decade after the ambush and it speaks

15 of an administrator based somewhere in the Republic who

16 arranged meetings with Garda and RUC officers who provided

17 PIRA with information. And that received a grade of high.

18 But it seems from the evidence before the Tribunal that

19 that was not possible, that particular piece of

20 information.

21

22 So, he then adds in the Fulton statement. So we now have

23 three intelligence reports and the Kevin Fulton statement.

24 And he then considered that it was important to hold a

25 public inquiry in this case. So -- so, were you aware, at

26 the time of the Cory Report -- you would have been aware

27 that there were other matters contained in that report as

28 well as the Fulton one?

29 A. I have read the report, yes.

30 432 Q. And at the time of -- was there -- if you had been

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 102

1 questioned, for example, about the alleged participation of

2 Mr. Corrigan between the date of the Weston Park Agreement,

3 in July 2001, and the date of the Cory Report, in October

4 2003, and Mr. Corrigan was able to satisfactorily -- been

5 given the opportunity of giving a satisfactory explanation

6 for allegations being made about him, would that have

7 changed the mix when it came to Judge Cory?

8 A. That is supposition and I really can't make a judgement

9 based on that. It would depend on the credibility of

10 Mr. Corrigan's success in persuading the Garda that he was

11 not guilty of what had been alleged. Of course I would

12 have given due consideration. The fact is, I have never

13 seen the report produced by the Garda.

14 433 Q. Well, isn't it true that once the statement was made in the

15 House of Commons, the first statement on the 13th April

16 2000, that set in train a series of events that was

17 predicated by, if you like, people in authority. You made

18 a statement, various reports and investigations started

19 out, there were investigations, as we have seen, the Garda

20 were carrying out investigations, there was the Weston Park

21 Agreement, there was the Cory Report, and then there was

22 the decision that there would be a public investigation.

23 Now, isn't it fair to say that at no time along the line

24 would Mr. Corrigan have been able to clear his name because

25 of the domino effect of, if you like, bureaucracy taking

26 over?

27 A. Well, I don't know what opportunity the Garda afforded to

28 Mr. Corrigan during the course of their inquiry to clear

29 his name, as it were, and therefore I can't comment on

30 that. From my perspective, as a public representative, I

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 103

1 was very clear that I could not see, even if there was

2 activity going on, I could not see that these matters were

3 being given the attention that they deserved, and therefore

4 I pursued the call for a public inquiry, indeed to the

5 point where at Weston Park we secured the agreement of the

6 British and Irish governments and the political parties to

7 pursue the matter further.

8 434 Q. And from the time that you originally made your speech to

9 the time of the Weston Park Agreement, there had been

10 nothing had happened that had changed your intention?

11 A. No.

12 435 Q. Or your attitude?

13 A. No.

14 436 Q. Thank you very much, Mr. Donaldson.

15 A. That you.

16

17 CHAIRMAN: Mr. Donaldson. I am very grateful to you for

18 coming to give evidence today. You were under no

19 obligation at all to do so and you kindly did. Your

20 evidence has been of great assistance to the Tribunal and I

21 am very grateful to you and I hope it will be an

22 encouragement to anybody else who hasn't given evidence to

23 feel that they can still come forward and offer themselves.

24 Thank you very much indeed.

25

26 THE WITNESS THEN WITHDREW.

27

28 MR. HAYES: We have one further witness for today,

29 Chairman. First of all, I think given the hour, and

30 secondly, there was a further matter which you mentioned to

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 104

1 me over lunch time that I think requires some small further

2 investigation, and I think it's hoped that he might give

3 his evidence next Wednesday morning, if that was

4 convenient.

5

6 CHAIRMAN: I think it might be prudent if we arrange to sit

7 at half past ten on Wednesday.

8

9 MR. HAYES: I think it would suit him, in fact, better to

10 give his evidence at eleven; he has to travel here.

11

12 CHAIRMAN: It would mean we'll sit a little bit later.

13

14 MR. HAYES: I don't think his evidence will take much more

15 than twenty minutes so I don't think it will impinge on the

16 rest of the day.

17

18 CHAIRMAN: Very good. Tuesday morning at eleven.

19

20 THE TRIBUNAL ADJOURNED UNTIL TUESDAY, 13TH DECEMBER 2011 AT

21 11 A.M. 22

23

24

25

26

27

28

29

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 1

' 98:8, 102:4 absolute [2] - 64:23, afternoon [4] - 34:6, 49:8, 87:5, 98:24, 98:26, 2005 [3] - 18:13, 84:3, 64:30 67:8, 81:4 99:13, 100:12, 101:14 '88 [1] - 95:26 85:5 absolutely [7] - 27:7, afterwards [2] - 97:28 Analysis [1] - 93:7 '89 [1] - 95:26 2006 [1] - 44:28 28:8, 33:9, 48:23, 49:7, age [1] - 2:11 analysis [2] - 94:18, '94 [1] - 57:20 2008 [1] - 67:16 50:9, 91:30 agencies [1] - 14:6 94:25 '99 [1] - 84:28 2011 [2] - 1:1, 104:20 abuses [1] - 63:17 agency [2] - 47:12, 98:13 ancient [1] - 21:19 'Mooch' [17] - 16:11, 20th [6] - 10:13, 14:14, accept [10] - 37:8, 63:20, agenda [2] - 63:26, 64:3 Anderson [1] - 91:17 17:2, 46:6, 46:20, 47:6, 37:15, 91:24, 94:9, 67:21, 67:23, 68:10, agent [13] - 5:20, 6:5, 6:9, answer [17] - 8:12, 14:2, 47:8, 48:2, 48:7, 48:16, 94:15 78:6, 78:8, 78:22, 80:2, 7:9, 7:10, 8:9, 26:2, 18:10, 22:24, 28:16, 49:16, 50:20, 51:21, 23rd [1] - 11:11 97:19 46:1, 58:26, 61:18, 29:12, 29:13, 29:14, 51:23, 51:28, 57:23, 25th [2] - 11:10, 94:11 accepted [3] - 29:19, 68:29, 87:3, 98:13 37:20, 40:3, 40:5, 40:7, 60:11, 61:4 27 [1] - 73:22 29:23, 38:7 agents [1] - 87:5 47:29, 76:1, 76:25, 27th [1] - 94:13 access [8] - 11:26, 29:19, aggrieved [1] - 20:16 77:2, 97:18 1 29th [2] - 84:3, 85:5 52:11, 52:17, 52:19, agitating [2] - 84:8, 84:23 answered [4] - 11:3, 52:24, 54:10, 88:4 ago [4] - 67:15, 72:1, 28:29, 41:6, 76:26 1 [1] - 93:14 accordance [1] - 20:12 72:8, 84:17 antecedent [1] - 95:3 10 [1] - 95:3 3 according [1] - 53:12 agree [20] - 20:8, 20:22, Antrim [1] - 6:7 10th [2] - 30:14, 93:18 3 [1] - 93:16 accordingly [1] - 85:6 20:25, 21:25, 21:28, anxious [4] - 33:2, 33:3, 11 [2] - 95:7, 104:21 30 [1] - 78:30 Accordingly [1] - 85:9 27:9, 31:25, 33:6, 53:1, 33:5, 84:20 11th [1] - 96:24 30th [1] - 48:11 account [4] - 31:6, 34:14, 60:6, 63:27, 66:16, apart [1] - 82:1 12 [2] - 1:2, 95:11 31 [1] - 73:13 54:6, 97:29 68:14, 68:24, 74:10, apologies [1] - 83:14 13 [1] - 95:14 accounts [1] - 4:18 77:26, 81:8, 81:9, apologising [1] - 80:3 13th [8] - 9:29, 64:23, 4 accuracy [5] - 26:16, 81:13, 81:18 apology [1] - 20:14 79:24, 89:5, 91:19, 32:23, 36:13, 39:14, agreed [2] - 16:17, 16:21 apparent [1] - 32:7 91:21, 93:22, 102:15 4 [1] - 93:17 39:17 agreement [2] - 62:22, appear [4] - 19:27, 20:5, 13TH [1] - 104:20 40 [1] - 55:27 accurate [7] - 31:6, 34:12, 103:5 81:5, 101:6 14 [1] - 95:23 34:16, 37:30, 56:23, Agreement [4] - 4:6, appointment [1] - 97:16 156 [1] - 99:30 5 67:5, 99:9 102:2, 102:21, 103:9 appreciate [3] - 53:23, 1689 [2] - 21:16, 22:25 5 [1] - 93:19 accused [1] - 16:16 Ahern [1] - 30:26 58:10, 70:23 18 [1] - 11:28 5.5 [1] - 93:21 acknowledges [1] - 75:23 aid [1] - 14:6 approach [1] - 89:28 18th [2] - 69:20, 70:14 5.6 [1] - 93:24 acquainted [1] - 77:19 Ainsworth [1] - 73:17 approached [9] - 5:2, 5:7, 1970s [1] - 77:29 51 [1] - 56:14 act [4] - 8:24, 24:19, aka [1] - 5:17 14:30, 15:13, 43:23, 1979 [1] - 98:11 25:13, 98:13 Alan [4] - 18:29, 19:23, 43:24, 45:1, 96:16, 1980s [2] - 77:30, 98:16 acted [1] - 20:12 72:23, 72:25 97:11 1985 [2] - 93:5, 94:9 6 action [2] - 4:28, 10:25 alia [1] - 14:29 appropriate [5] - 14:23, 1987 [2] - 11:10, 94:11 6 [1] - 94:3 actionable [1] - 70:24 alive [1] - 7:26 33:18, 71:22, 77:5, 77:7 1988 [4] - 11:12, 55:3, 6.1 [1] - 94:8 actions [3] - 12:20, 12:22, allegation [16] - 20:26, April [14] - 9:30, 11:10, 57:20, 94:13 6.2 [1] - 94:10 59:16 20:27, 22:1, 22:5, 23:1, 14:27, 64:23, 69:20, 1989 [11] - 3:28, 10:14, 6.3 [1] - 94:12 Active [2] - 57:30, 58:8 31:13, 35:4, 53:4, 70:14, 79:25, 89:6, 26:1, 26:11, 37:15, 6.4 [1] - 94:14 activities [6] - 14:7, 18:7, 67:14, 71:1, 71:5, 71:7, 91:19, 91:21, 93:22, 52:4, 52:5, 52:7, 54:16, 6.5 [1] - 94:16 45:27, 47:28, 86:6, 71:9, 76:18, 88:22, 92:1 94:11, 96:24, 102:15 94:15, 95:30 60 [3] - 53:18, 53:20, 86:20 Allegation [1] - 93:3 Area [1] - 93:5 1990 [2] - 70:23, 95:19 54:28 activity [2] - 8:28, 103:2 allegations [35] - 8:28, area [5] - 3:5, 3:7, 5:3, 1991 [6] - 51:11, 51:13, 62 [1] - 56:3 acts [2] - 12:24 14:10, 15:3, 16:25, 6:10, 46:19 51:20, 93:5, 94:16 64 [2] - 56:29, 57:19 add [2] - 99:2, 99:26 17:13, 17:14, 24:3, areas [2] - 5:23, 78:10 1994 [1] - 3:28 addition [3] - 98:7, 99:19, 29:6, 31:5, 41:29, 43:1, argued [1] - 37:5 1997 [1] - 2:8 7 101:6 59:30, 66:9, 71:18, arisen [2] - 8:28, 18:18 1999 [6] - 5:25, 6:1, additional [2] - 5:9, 31:10 76:4, 76:12, 76:28, arises [1] - 91:10 43:14, 82:5, 84:20, 7 [1] - 94:18 addressed [1] - 70:15 79:11, 79:27, 83:14, arising [1] - 53:27 85:15 adds [1] - 101:22 83:18, 92:18, 93:16, Armagh [13] - 3:4, 3:6, 19th [1] - 94:16 8 adequately [1] - 15:20 93:17, 93:19, 93:21, 4:19, 5:3, 5:5, 5:7, 5:23, 93:24, 94:18, 94:25, 10:29, 11:5, 45:27, 8 [1] - 94:22 adjourn [1] - 33:19 2 ADJOURNED [2] - 33:23, 95:18, 95:27, 96:29, 45:30, 78:2, 94:23 104:20 97:1, 97:22, 102:6 arms [1] - 14:19 2 [3] - 10:17, 93:15, 99:30 9 allegations" [1] - 79:26 Army [7] - 6:5, 12:29, 20 [2] - 60:10, 78:30 administrator [1] - 9 [1] - 94:25 101:15 alleged [10] - 14:7, 26:1, 22:13, 36:22, 58:28, 2000 [24] - 6:1, 9:30, 44:10, 52:23, 54:10, 85:7, 98:11 14:15, 19:28, 30:15, 9TH [1] - 1:1 admissible [1] - 37:6 58:7, 70:26, 94:4, army [4] - 36:16, 36:25, 32:14, 43:14, 44:27, 9th [1] - 98:8 admit [1] - 85:20 102:1, 102:11 36:27, 36:30 64:23, 69:3, 69:21, admitting [1] - 38:9 allegedly [3] - 32:8, 70:14, 79:25, 85:15, A advance [2] - 6:29, 63:26 aroused [1] - 31:4 51:27, 53:5 91:21, 91:24, 92:21, advised [1] - 97:12 arrange [1] - 104:6 A.M [1] - 104:21 alleges [1] - 10:27 93:18, 93:22, 96:15, Affairs [2] - 14:5, 14:9 arranged [3] - 5:10, abduction [3] - 51:4, alone [8] - 29:9, 29:26, 96:23, 96:24, 96:27, afforded [1] - 102:27 10:16, 101:16 51:8, 51:9 38:24, 39:2, 39:28, 102:16 afraid [4] - 5:28, 77:8, arrive [1] - 72:13 able [8] - 5:9, 18:10, 33:3, 40:2, 61:20, 100:23 2001 [4] - 96:24, 96:25, 87:2, 97:8 article [6] - 30:13, 30:24, 36:17, 37:17, 56:22, alongside [1] - 14:6 96:27, 102:3 AFTER [1] - 34:1 30:27, 76:3, 93:17, 102:4, 102:24 alternatively [1] - 72:13 94:26 2003 [4] - 17:1, 98:2, aftermath [3] - 3:11, 3:14, above-named [1] - 70:20 90:5 ambush [8] - 47:24, 74:4, AS [8] - 1:2, 2:2, 20:3,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 2

34:1, 34:4, 80:14, 81:2, 74:30, 75:6, 75:12, blacken [1] - 12:19 46:12, 47:18, 49:22, 72:28, 82:13, 82:24, 91:8 75:27, 76:3, 76:6, Blair [26] - 16:11, 16:14, 51:18, 52:28, 63:15, 98:13 ascertain [1] - 25:27 77:12, 83:17, 84:12, 17:2, 46:7, 46:21, 47:6, 64:16, 66:7, 66:17, car [16] - 11:15, 46:18, ascertained [1] - 101:3 84:15, 84:22, 84:27, 47:8, 47:9, 47:11, 48:2, 68:8, 70:22, 73:3, 47:9, 50:21, 51:3, 51:7, aside [2] - 54:3, 54:14 85:1, 85:22, 85:28, 48:7, 48:16, 49:10, 79:22, 82:2, 83:21, 51:12, 51:22, 51:23, ask" [1] - 85:9 86:1, 87:27, 88:19, 50:16, 50:20, 51:21, 86:23, 89:25, 89:27, 51:25, 53:16, 53:24, aspect [2] - 2:20, 50:3 90:23, 90:28, 98:26, 51:23, 51:28, 60:11, 90:7, 90:21, 94:14, 54:9, 79:9, 98:18 aspects [1] - 23:27 99:13, 101:25, 101:26 61:5, 98:17, 98:20, 97:3, 97:20, 98:25, car-park [1] - 51:12 assembly [1] - 54:4 98:27, 99:11, 99:12 98:29, 99:16 cards [1] - 9:8 assertion [1] - 15:14 B Blair's [2] - 49:16, 57:24 Breen's [2] - 18:30, 64:20 care [1] - 72:14 assess [1] - 54:17 Board [1] - 57:9 Brian [3] - 77:13, 77:21, Career [1] - 95:21 background [7] - 5:14, assessment [1] - 40:21 Bob [13] - 2:28, 10:10, 77:23 career [7] - 2:10, 63:2, 6:3, 6:10, 6:12, 6:13, assist [2] - 16:3, 60:20 23:16, 25:28, 38:3, brief [1] - 94:3 70:29, 78:30, 81:6, 36:19, 52:13 assistance [3] - 17:29, 42:22, 46:6, 51:18, bring [2] - 27:26, 28:4 95:3, 95:14 bait [1] - 28:17 72:26, 103:20 52:29, 66:7, 68:8, bringing [3] - 29:24, 41:5, carefully [1] - 63:8 balance [1] - 97:18 Assistant [1] - 73:16 70:22, 94:15 41:8 carried [4] - 16:18, 45:23, balanced [4] - 68:2, 68:3, assisted [4] - 3:21, 12:24, Bomb [4] - 16:10, 16:16, brings [1] - 56:27 92:17, 94:29 68:5, 68:6 18:21, 42:16 16:19, 17:10 Britain [4] - 58:1, 58:3, carry [1] - 58:1 Ballymena [1] - 6:7 assisting [3] - 59:20, bomb [4] - 13:5, 94:8, 58:4, 58:12 carrying [3] - 21:23, 58:7, Banbridge [2] - 86:30, 62:5, 62:6 94:10, 94:12 British [9] - 6:5, 12:29, 102:20 87:1 Associated [1] - 76:9 bombing [4] - 13:30, 21:19, 36:22, 58:28, case [44] - 3:1, 4:10, 10:8, Bandit [6] - 4:16, 10:6, assume [1] - 13:21 17:3, 87:29, 88:4 85:7, 98:11, 98:12, 11:20, 13:23, 14:3, 34:8, 93:16, 94:19, assumed [1] - 53:14 bombs [2] - 85:29 103:6 17:15, 21:7, 23:10, 94:22 assumption [1] - 87:10 bona [1] - 24:23 broad [1] - 31:11 23:19, 27:2, 27:27, Barracks [1] - 55:4 assured [1] - 8:10 book [79] - 4:15, 4:16, broader [2] - 16:5, 28:27 28:1, 28:11, 31:9, 38:3, based [21] - 6:6, 8:22, astonishing [1] - 39:10 4:17, 4:19, 4:21, 4:23, brought [7] - 4:8, 21:6, 38:11, 39:11, 40:27, 20:10, 27:24, 28:21, AT [2] - 1:1, 104:20 4:28, 5:1, 5:10, 5:27, 39:21, 43:17, 88:3, 40:30, 46:17, 52:10, 35:11, 39:2, 39:22, 10:4, 10:27, 15:29, 89:17 54:9, 57:7, 59:27, atrocities [1] - 82:17 39:24, 39:28, 40:1, 19:7, 23:3, 23:9, 23:14, brutal [1] - 71:12 63:23, 65:13, 65:16, attacked [2] - 75:13, 55:15, 55:23, 58:17, 23:20, 23:21, 23:28, Buchanan [46] - 2:25, 67:24, 68:18, 69:6, 75:20 66:28, 68:9, 71:18, 24:1, 31:4, 31:6, 31:11, 2:28, 4:10, 6:15, 10:10, 69:12, 70:30, 80:22, attacks [1] - 58:1 100:30, 101:15, 102:9 31:20, 32:1, 32:23, 10:14, 11:2, 15:25, 86:19, 88:15, 88:27, attained [1] - 11:3 basis [9] - 15:2, 15:14, 32:30, 34:8, 34:9, 23:1, 23:16, 23:19, 89:1, 89:27, 90:11, attempt [1] - 97:13 24:11, 38:23, 52:7, 34:12, 34:13, 34:15, 24:28, 25:29, 31:7, 90:13, 101:9, 101:25 attend [1] - 3:9 52:19, 56:20, 61:21, 34:24, 34:25, 35:3, 31:23, 34:30, 38:4, cases [13] - 13:11, 17:20, attended [3] - 10:16, 79:10 35:30, 36:4, 36:7, 42:15, 42:22, 46:6, 17:25, 18:15, 23:15, 45:15, 61:14 bearing [1] - 15:28 36:14, 37:23, 37:24, 46:12, 47:19, 49:22, 37:6, 38:4, 45:29, attention [3] - 4:12, 4:24, beaten [1] - 75:27 37:30, 38:2, 38:19, 51:18, 52:29, 63:15, 56:21, 78:7, 81:18, 103:3 became [5] - 18:3, 19:5, 38:23, 38:25, 38:28, 66:7, 66:17, 68:8, 81:28, 86:15 attitude [1] - 103:12 26:29, 72:30, 98:13 39:3, 39:4, 39:7, 39:12, 70:22, 73:3, 79:23, cast [1] - 37:23 author [1] - 23:20 become [7] - 6:5, 6:9, 39:14, 39:17, 39:18, 82:2, 83:22, 86:24, catalyst [1] - 39:4 authorities [9] - 15:2, 18:6, 19:7, 26:27, 31:8, 39:25, 39:27, 39:28, 89:16, 89:25, 89:27, catch [1] - 58:7 15:6, 15:13, 16:23, 86:6 39:30, 40:2, 40:5, 40:8, 90:7, 90:21, 94:15, categorically [1] - 17:1 17:14, 88:3, 89:4, BEEN [1] - 2:1 40:17, 40:26, 41:4, 97:3, 97:20, 98:25, caused [1] - 58:10 90:25, 96:28 beer [1] - 75:22 79:7, 81:26, 81:27, 98:29, 99:16 causes [1] - 52:27 authority [2] - 6:11, beg [3] - 58:22, 58:29, 81:29, 84:13, 84:14, building [3] - 76:17, causing [1] - 39:26 102:17 74:29 84:15, 84:18, 85:20, 76:27, 85:29 ceasefire [1] - 3:29 available [6] - 28:5, beginnings [1] - 3:29 85:28, 90:24 bureaucracy [1] - 102:25 ceases [1] - 52:21 31:24, 32:28, 39:23, behalf [2] - 27:14, 80:16 Border [1] - 93:5 business [1] - 25:15 central [1] - 53:5 40:24, 71:6 Belfast [1] - 70:19 border [4] - 12:10, 78:10, BY [6] - 2:1, 20:2, 34:4, certain [2] - 34:15, 43:27 [1] awaited - 97:16 believes [1] - 59:28 87:23, 90:25 80:14, 81:1, 91:8 certainly [8] - 4:2, 43:28, aware [79] - 5:13, 14:2, benefit [7] - 8:5, 26:15, borne [1] - 97:9 16:1, 17:3, 19:5, 19:8, 45:16, 51:19, 72:16, 58:23, 59:2, 68:23, bother [1] - 72:15 19:12, 19:22, 21:13, C 85:25, 90:19, 100:9 76:13, 79:6 bottom [1] - 49:27 22:5, 22:14, 22:19, CHAIRMAN [9] - 1:7, Bertie [1] - 30:25 bow [1] - 78:16 Callan's [1] - 51:22 22:20, 22:22, 24:27, 9:14, 33:16, 80:26, best [3] - 38:27, 68:21, box [1] - 64:27 Camon [4] - 9:28, 32:12, 30:18, 30:19, 30:22, 91:2, 103:17, 104:6, 73:18 Branch [3] - 40:4, 57:20, 92:18, 92:27 30:27, 31:8, 32:7, 104:12, 104:18 better [2] - 26:16, 104:9 Camon-Kirwan [4] - 9:28, 98:19 Chairman [34] - 2:28, 32:10, 36:21, 36:24, 32:12, 92:18, 92:27 between [17] - 11:6, bravely [1] - 78:29 7:24, 7:30, 9:17, 12:17, 37:13, 45:22, 46:14, campaign [5] - 12:25, 14:21, 15:1, 40:19, breaches [1] - 95:18 22:9, 22:19, 23:11, 50:13, 51:5, 54:27, 59:21, 60:20, 78:29, 43:21, 50:20, 53:19, Breen [49] - 2:25, 4:10, 55:1, 56:5, 57:1, 57:5, 33:14, 36:21, 43:27, 60:11, 61:4, 61:19, 6:14, 10:10, 10:16, 82:27 57:8, 59:4, 59:12, 44:19, 45:17, 48:19, 61:24, 62:22, 62:25, 10:23, 11:1, 15:25, campaigner [1] - 5:2 69:24, 69:28, 71:1, 50:8, 53:17, 55:27, 66:26, 78:12, 96:13, 19:2, 19:5, 19:12, cannot [5] - 14:22, 17:11, 71:13, 72:30, 73:7, 56:14, 57:22, 61:9, 102:2 22:30, 23:15, 23:19, 25:1, 41:7, 43:27 73:12, 73:14, 73:16, 69:18, 69:19, 78:23, beyond [1] - 71:7 24:28, 25:28, 31:7, capability [1] - 82:11 73:20, 73:24, 74:1, 79:20, 83:29, 84:1, Bill [2] - 21:16, 63:18 31:22, 34:29, 38:3, capable [1] - 52:25 74:4, 74:6, 74:14, 85:2, 86:25, 87:13, bit [3] - 6:3, 33:19, 104:12 42:15, 42:22, 46:5, capacity [6] - 5:19, 55:12, 74:19, 74:20, 74:22, 89:15, 90:1, 91:5, 92:6,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 3

103:29 62:15, 76:12, 79:21, competence [4] - 55:13, consideration [8] - 6:9, copy [4] - 9:30, 46:25, challenge [1] - 40:9 83:23, 83:24 55:20, 55:21, 59:8 41:9, 65:12, 65:29, 69:17 challenged [1] - 39:18 collusion [48] - 11:6, competent [2] - 56:7, 66:6, 67:1, 102:12 correct [45] - 2:8, 2:9, challenging [1] - 68:4 11:24, 12:22, 14:10, 57:3 considerations [1] - 8:30 2:23, 2:24, 2:28, 4:6, changed [2] - 102:7, 16:6, 23:2, 24:27, 26:3, competition [1] - 78:17 considered [5] - 6:23, 4:7, 5:18, 13:4, 16:12, 103:10 26:12, 28:1, 29:20, completely [6] - 12:5, 41:12, 100:16, 100:20, 16:13, 21:11, 21:12, character [1] - 59:5 30:7, 31:5, 31:28, 33:1, 36:3, 39:13, 40:5, 64:1, 101:24 21:17, 21:21, 23:3, charge [2] - 57:20, 57:21 33:4, 33:7, 33:8, 35:4, 67:20 considering [3] - 27:21, 23:29, 24:2, 28:22, charged [1] - 11:21 38:9, 40:19, 40:21, completeness [1] - 13:29 76:23, 97:23 30:2, 31:14, 32:21, charges [1] - 95:11 40:29, 41:26, 42:10, comprehensive [1] - consistent [1] - 50:10 33:2, 34:9, 34:10, check [1] - 48:23 44:10, 52:23, 53:19, 92:16 consistently [1] - 37:5 34:19, 35:17, 35:19, checked [5] - 5:27, 72:6, 61:2, 61:6, 61:10, compromise [4] - 35:26, Constabulary [7] - 32:14, 36:10, 37:27, 43:3, 91:23, 92:6, 92:8 62:25, 66:24, 68:15, 36:28, 37:2, 37:7 32:17, 45:6, 54:17, 43:16, 54:20, 55:6, checking [1] - 24:16 79:30, 82:9, 82:30, compromised [1] - 8:19 54:24, 73:27, 77:17 59:16, 64:14, 69:14, Chief [22] - 10:9, 10:15, 83:3, 83:7, 83:12, compulsive [1] - 56:15 constant [1] - 78:5 72:5, 73:1, 74:26, 10:23, 11:1, 11:8, 83:15, 88:23, 88:27, con [1] - 56:16 constituency [5] - 2:7, 78:13, 80:23, 81:21, 11:25, 22:30, 24:28, 88:29, 92:19, 94:4, concern [30] - 4:4, 4:9, 2:30, 3:1, 10:15, 87:1 82:3, 87:9 31:22, 34:29, 46:11, 97:22, 100:24 4:11, 10:24, 12:22, constituent [1] - 89:16 corrected [2] - 92:11, 47:18, 63:14, 64:16, Collusion [1] - 93:3 21:6, 32:22, 38:1, constituents [2] - 13:2, 101:10 64:19, 66:17, 70:21, Colton [3] - 95:15, 95:19, 39:14, 40:12, 40:28, 13:9 correlate [1] - 99:7 79:22, 88:2, 90:26, 96:1 52:8, 52:27, 53:27, constitute [1] - 29:20 correlated [1] - 30:21 94:14, 98:25 coming [4] - 24:18, 29:9, 54:5, 55:29, 56:1, constituting [1] - 100:24 correlates [2] - 51:2, Christian [1] - 67:11 97:30, 103:18 56:17, 56:24, 58:13, consult [1] - 88:25 99:18 Chronicle [1] - 87:1 commander [2] - 98:17, 58:19, 58:20, 59:13, consultant [1] - 14:6 correspondence [2] - 99:14 CID [2] - 55:3, 55:4 59:18, 62:14, 64:16, contact [7] - 8:2, 52:21, 70:10, 85:13 cipher [2] - 54:23, 73:21 commenced [1] - 96:12 71:16, 71:20, 84:28, 54:17, 61:15, 61:19, Corrigan [108] - 2:22, circles [2] - 3:16, 19:20 comment [9] - 14:22, 87:17 81:15, 100:26 10:21, 11:26, 14:11, 14:24, 23:17, 56:12, circulated [1] - 12:4 concerned [11] - 12:26, contacted [1] - 10:30 14:30, 19:4, 20:6, 20:7, 56:13, 63:19, 91:15, 20:16, 24:9, 25:7, circumstance [1] - 22:5 34:14, 39:11, 40:3, contained [14] - 23:14, 98:6, 102:29 26:26, 26:28, 27:8, circumstances [8] - 3:18, 40:6, 40:16, 41:11, 23:21, 30:27, 31:11, 17:26, 18:17, 29:4, comments [8] - 6:30, 59:10, 82:11, 97:21 37:29, 64:7, 80:1, 27:29, 28:9, 28:17, 36:28, 42:21, 71:6, 84:4 13:11, 21:3, 65:30, concerning [1] - 92:19 81:26, 92:27, 93:16, 29:1, 29:6, 29:7, 30:1, 81:29, 88:25, 91:16, 30:9, 30:10, 35:21, claim [7] - 37:14, 70:20, Concerning [1] - 93:3 93:17, 94:18, 94:25, 86:23, 86:25, 86:27, 91:27 concerns [12] - 3:25, 101:27 41:22, 41:23, 42:14, commission [1] - 12:24 42:20, 44:2, 46:20, 87:11, 87:14 4:25, 12:2, 13:2, 14:28, content [6] - 8:11, 8:13, Commissioner [1] - 46:23, 47:9, 47:11, claimed [1] - 87:4 18:5, 19:2, 19:5, 19:12, 20:29, 23:16, 79:17, 73:16 47:25, 48:17, 48:28, clear [19] - 12:17, 18:3, 83:3, 83:20 84:26 51:24, 51:27, 52:3, 23:16, 24:18, 46:1, committed [2] - 63:17, concluded [1] - 29:18 contention [2] - 33:1, 52:16, 53:5, 53:10, 47:5, 48:23, 49:7, 62:3, 100:5 concludes [1] - 79:29 38:17 53:15, 53:19, 57:23, 71:8, 81:20, 84:7, Committee [2] - 36:26, conclusion [11] - 20:30, contents [1] - 93:12 60:11, 61:4, 62:21, 84:25, 88:20, 88:21, 37:12 27:24, 29:9, 29:15, context [3] - 11:30, 63:14, 63:25, 64:13, 89:11, 102:24, 102:28, Commons [59] - 2:19, 29:25, 29:26, 33:13, 83:12, 91:14 64:27, 65:4, 65:18, 103:1 2:27, 6:30, 9:21, 9:23, 41:6, 56:28, 79:20, CONTINUATION [1] - 9:26, 13:12, 13:28, 65:20, 65:24, 66:15, clearing [1] - 97:25 79:21 34:3 14:28, 15:15, 16:10, 68:7, 68:15, 69:10, clearly [4] - 14:20, 52:2, conclusions [3] - 29:18, continue [2] - 4:14, 14:22 16:26, 17:18, 19:21, 69:24, 72:14, 72:19, 52:3, 53:28 40:25, 41:15 CONTINUED [1] - 34:1 20:19, 21:5, 21:29, 73:8, 73:17, 73:30, client [20] - 41:21, 42:8, conduct [1] - 28:30 continued [3] - 3:26, 74:3, 74:6, 74:14, 43:4, 44:1, 50:21, 22:11, 22:15, 23:5, conducted [4] - 10:4, 4:11, 58:26 24:12, 26:27, 27:8, 74:20, 75:2, 75:10, 50:25, 51:24, 51:27, 23:8, 23:12, 32:13 continuing [3] - 14:20, 27:15, 30:1, 30:22, 75:12, 75:20, 75:27, 53:28, 54:1, 54:9, confidence [2] - 27:16, 17:27, 52:19 36:26, 37:5, 38:25, 76:4, 76:5, 76:12, 54:14, 63:10, 64:22, 97:8 Continuity [1] - 14:4 41:28, 42:17, 42:18, 76:19, 76:28, 77:19, 67:6, 67:8, 70:21, confirm [2] - 7:7, 54:21 contrary [1] - 71:15 58:15, 62:14, 62:25, 77:21, 77:22, 78:27, 70:25, 70:27, 71:11 confirmed [3] - 7:8, 32:2, contribution [1] - 2:17 63:14, 64:18, 64:29, 79:9, 79:12, 79:21, client's [4] - 51:30, 53:23, 36:11 convenient [1] - 104:4 65:4, 66:1, 66:13, 79:30, 81:23, 82:10, 70:28, 71:16 confirms [1] - 62:13 conversation [6] - 7:20, 67:18, 68:18, 69:27, 92:24, 95:23, 95:26, close [1] - 14:20 connected [1] - 52:30 43:21, 46:7, 51:12, 72:21, 76:20, 76:29, 95:28, 96:1, 96:7, closely [1] - 30:20 connection [5] - 2:25, 99:11, 99:24 79:12, 79:24, 79:28, 96:17, 97:1, 97:25, closer [1] - 4:29 22:27, 35:12, 84:3, convicted [6] - 14:24, 80:21, 81:30, 91:15, 98:1, 98:19, 98:20, COFFEY [1] - 80:8 89:28 21:30, 22:7, 22:12, 91:20, 91:26, 92:2, 98:28, 102:2, 102:4, coincidence [1] - 76:11 connections [1] - 53:3 22:16, 55:17 93:22, 96:14, 102:15 102:24, 102:28 colleagues [1] - 97:13 conscience [1] - 18:9 convictions [1] - 16:6 company [1] - 47:8 corrigan [1] - 96:13 Collins [5] - 49:17, 49:19, conscious [1] - 33:14 convince [1] - 53:30 Company [1] - 69:21 Corrigan's [11] - 10:24, 49:24, 50:14, 99:12 consequence [1] - 67:21 convinced [7] - 36:15, comparable [2] - 77:27, 24:11, 47:26, 53:3, colluded [7] - 20:23, consider [8] - 6:21, 36:18, 36:20, 37:12, 78:4 53:11, 64:17, 66:3, 31:14, 59:20, 59:26, 33:12, 65:12, 66:3, 54:2, 54:12, 62:11 comparison [1] - 78:12 69:14, 82:5, 97:23, 60:1, 63:14, 83:18 68:7, 80:3, 80:5 cooperation [3] - 14:21, compensation [3] - 102:10 colludes [1] - 42:3 considerable [3] - 48:25, 36:21, 89:1 83:30, 84:9, 84:21 corroborate [1] - 38:27 colluding [6] - 53:4, 58:6, 58:10 cops [2] - 60:13, 61:7

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 4 corroboration [2] - 25:6, Céilí [4] - 51:22, 51:24, destruction [2] - 11:30, document [1] - 69:19 98:29, 99:16, 100:18, 25:10 60:11, 61:5 12:6 documents [1] - 29:18 100:29 Cory [19] - 29:17, 29:25, detail [13] - 23:21, 25:27, domain [13] - 21:7, 24:12, during [16] - 10:11, 18:7, 64:4, 64:5, 64:6, 97:16, D 26:8, 34:28, 41:15, 27:6, 27:26, 28:5, 18:11, 22:26, 23:18, 97:29, 98:1, 98:3, 98:9, 44:10, 46:4, 47:6, 42:23, 55:24, 63:1, 53:20, 70:29, 80:19, 99:26, 99:27, 101:5, D/Sergeant [1] - 95:28 48:25, 48:29, 49:6, 63:6, 63:22, 67:15, 82:27, 91:26, 92:15, 101:10, 101:26, 102:3, Dail [1] - 93:25 52:12, 81:30 79:14 94:4, 96:11, 96:12, 102:7, 102:21 Daily [1] - 4:16 detailed [3] - 49:4, 49:5, Dominic [4] - 74:7, 74:10, 96:27, 102:28 Cory's [1] - 98:2 dairy [1] - 5:28 94:28 74:20, 74:24 During [1] - 93:5 Council [1] - 22:13 damages [1] - 76:6 detain [1] - 91:5 domino [1] - 102:25 duties [1] - 21:23 counsel [5] - 48:21, damaging [1] - 51:30 detective [5] - 36:11, Donaldson [79] - 1:5, 2:4, duty [1] - 63:21 48:24, 48:26, 49:3, danger [1] - 87:7 39:12, 40:4, 40:10, 41:3 2:6, 9:15, 9:27, 19:30, 50:10 data [1] - 5:29 Detective [18] - 10:21, 20:7, 23:7, 24:21, E country [2] - 3:13, 94:19 date [4] - 5:29, 45:12, 14:29, 20:5, 20:15, 25:21, 26:10, 26:15, e-mails [1] - 69:30 Country [5] - 4:17, 10:6, 102:2, 102:3 28:30, 32:2, 32:19, 26:26, 27:4, 27:29, 34:8, 93:16, 94:22 dated [2] - 69:20, 85:5 41:23, 42:20, 46:19, 28:16, 29:5, 29:11, early [9] - 5:25, 5:30, 6:1, 43:14, 44:27, 44:28, County [6] - 5:23, 6:7, dates [1] - 62:19 47:21, 47:24, 52:16, 29:29, 30:28, 31:18, 11:29, 13:30, 46:19, David [1] - 30:25 55:3, 57:19, 95:15, 32:22, 33:2, 34:6, 34:7, 85:15, 88:17, 100:4 51:6 day-to-day [1] - 52:7 95:22, 96:1 36:23, 38:7, 39:10, easier [1] - 6:12 edition [2] - 70:18, 94:22 couple [1] - 23:6 days [3] - 53:18, 53:20, deter [1] - 15:22 40:3, 40:17, 41:20, effect [8] - 19:9, 28:17, course [33] - 3:3, 3:7, 100:4 determination [1] - 15:23 42:12, 43:3, 44:30, 3:14, 3:27, 5:5, 13:10, deal [5] - 9:26, 11:10, determine [7] - 25:13, 46:26, 47:30, 48:20, 42:13, 71:2, 77:22, 23:18, 24:6, 40:8, 82:12, 92:12, 97:6 25:18, 26:20, 42:26, 49:13, 49:28, 51:1, 78:23, 78:28, 102:25 47:16, 52:16, 58:20, dealing [1] - 24:20 42:27, 43:5, 67:30 52:1, 53:16, 54:22, effectively [2] - 41:22, 59:9, 61:18, 62:16, dealings [1] - 70:28 determined [1] - 88:14 54:29, 56:29, 60:22, 71:24 65:6, 65:11, 66:5, dealt [4] - 11:13, 12:3, determining [2] - 8:21, 61:22, 62:8, 63:7, effort [1] - 58:6 67:26, 68:7, 68:28, 18:15, 55:4 39:5 64:24, 67:8, 69:20, eighties [1] - 78:11 70:28, 70:29, 79:5, dear [1] - 70:17 diary [1] - 5:29 69:26, 69:29, 70:4, Eireann [1] - 93:26 82:19, 83:5, 85:4, death [1] - 29:3 die [2] - 3:22, 10:11 70:15, 72:8, 73:21, either [10] - 12:24, 15:1, 86:18, 90:16, 92:16, deaths [3] - 11:24, 97:3, died [3] - 10:23, 67:16, 76:19, 77:17, 78:19, 25:5, 38:16, 72:12, 93:25, 102:11, 102:28 97:20 77:13 79:2, 80:6, 80:12, 76:14, 92:14, 93:29, 94:1, 97:13 court [3] - 21:11, 27:20, debate [1] - 93:25 difference [3] - 64:20, 80:16, 81:4, 81:6, 76:5 decade [1] - 101:14 64:21, 66:26 85:14, 90:30, 91:6, elaborated [2] - 46:4, 48:28 cousin [1] - 87:24 December [8] - 14:14, different [3] - 28:24, 92:6, 92:29, 93:21, cousins [1] - 3:5 14:27, 52:4, 52:5, 52:7, 49:26, 56:28 93:28, 96:5, 98:6, elaborating [1] - 48:9 99:29, 103:14, 103:17 [2] cover [1] - 70:23 54:16, 91:24, 96:15 difficult [4] - 68:4, 77:28, elected - 27:12, 27:15 covered [4] - 4:21, 34:13, DECEMBER [2] - 1:1, 78:9, 100:23 DONALDSON [2] - 2:1, electronic [1] - 5:28 34:3 34:24, 100:10 104:20 diminish [2] - 3:25, 40:28 element [3] - 40:26, 41:1, done [8] - 20:8, 21:2, covering [1] - 75:26 decide [2] - 42:29, 43:11 direct [1] - 87:17 53:8 59:15, 65:24, 66:1, crash [1] - 77:13 decided [4] - 6:8, 65:26, direction [1] - 96:25 elements [5] - 34:15, 66:21, 68:24, 68:26 37:29, 38:11, 38:12, crashing [1] - 41:2 65:27, 65:30 directly [2] - 39:7, 85:12 double [2] - 70:21, 39:17 credibility [7] - 7:4, 8:15, decision [6] - 27:28, 68:9, disaffected [1] - 71:19 100:30 eleven [5] - 67:14, 72:8, 9:1, 9:6, 57:13, 58:22, 68:11, 68:12, 97:30, disagree [5] - 27:4, 27:6, 102:9 102:22 64:30, 65:1, 77:11 doubt [7] - 32:25, 37:23, 97:27, 104:10, 104:18 39:27, 50:9, 70:8, 71:7, eleven-and-a-half [1] - credible [3] - 41:18, decisions [1] - 59:1 disappointed [3] - 15:22, 75:8 41:19 deduced [2] - 86:9, 86:10 55:18, 55:26 67:14 Down [2] - 11:29, 45:30 emanating [1] - 36:25 crime [1] - 55:4 deeply [1] - 4:5 disciplinary [1] - 95:25 down [8] - 3:22, 9:17, embarrassment [1] - criminal [7] - 8:27, 21:30, Defence [4] - 36:26, discovered [1] - 101:8 10:2, 41:2, 47:2, 51:19, 58:10 22:15, 42:28, 43:11, 37:12, 84:9, 84:22 discuss [8] - 4:22, 5:6, 57:16, 78:16 70:29, 95:26 definition [1] - 42:2 17:20, 18:1, 30:30, emerge [2] - 32:25, 43:10 draw [1] - 40:25 critical [1] - 89:11 degree [1] - 69:9 34:23, 34:29, 73:3 emerged [2] - 12:30, drink [2] - 75:13, 75:21 32:29 criticism [1] - 12:15 demonstrate [1] - 65:20 discussed [5] - 45:26, driven [3] - 46:21, 47:8, criticisms [1] - 91:12 demonstrating [1] - 28:9 45:29, 51:26, 86:19, emphasise [1] - 41:7 51:22 Croatia [2] - 14:6, 14:20 denied [2] - 32:20, 37:1 92:13 employ [1] - 58:26 driver [1] - 57:24 CROSS [4] - 20:2, 34:3, deny [1] - 54:21 discussing [3] - 47:12, employed [1] - 14:5 driving [1] - 11:14 80:14, 81:1 departing [1] - 76:18 50:4, 91:30 employers [1] - 100:7 Drogheda [2] - 10:22, cross [3] - 26:7, 26:9, Department [2] - 14:5, discussion [4] - 3:15, enable [1] - 21:22 91:11 14:9 24:29, 26:5, 46:22 47:26 enabled [1] - 11:4 Dublin [2] - 14:5, 84:20 CROSS-EXAMINATION departments [1] - 81:15 discussions [6] - 14:21, encountered [2] - 56:9, due [1] - 102:12 [1] - 34:3 derives [1] - 21:16 15:27, 18:3, 18:25, 77:21 Dundalk [26] - 3:20, cross-examination [1] - described [5] - 18:20, 45:25, 86:18 encourage [1] - 4:29 10:13, 10:30, 19:3, 91:11 42:7, 59:4, 59:10, 99:19 disgrace [2] - 64:23, encouragement [1] - 19:6, 24:14, 31:25, cross-examine [2] - 26:7, describes [1] - 85:28 64:30 103:22 32:15, 35:11, 37:14, 26:9 describing [1] - 55:30 displayed [1] - 81:6 end [7] - 8:20, 11:23, 46:10, 47:21, 49:11, 20:14, 26:24, 60:8, CROSS-EXAMINED [3] - description [2] - 47:2, disproved [1] - 20:15 50:17, 53:15, 71:14, 20:2, 80:14, 81:1 47:30 dispute [1] - 77:24 65:13, 72:29 74:22, 77:29, 78:10, endanger [1] - 71:24 crucial [2] - 51:29, 53:22 deserved [1] - 103:3 disservice [2] - 66:22, 78:12, 98:21, 98:24, endangering [1] - 71:3 current [1] - 14:22 destroyed [1] - 12:14 66:25

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 5 engagement [1] - 17:27 ex-Detective [1] - 14:29 F fides [1] - 24:23 83:30 England [1] - 58:5 ex-Sergeant [1] - 96:1 figure [1] - 77:16 formal [2] - 19:22, 99:23 enhanced [1] - 28:14 exact [1] - 25:1 face [1] - 31:28 Files [1] - 93:7 former [3] - 37:4, 70:7, enjoy [1] - 27:16 exactly [1] - 99:22 facilitate [1] - 58:3 final [2] - 47:16, 48:6 85:7 enlisted [1] - 98:11 examination [3] - 43:2, facilitated [2] - 18:23, finally [2] - 2:26, 95:21 forward [2] - 90:17, ensure [3] - 21:5, 43:1, 91:3, 91:11 100:27 Finbarr [2] - 11:21, 95:4 103:23 67:30 EXAMINATION [1] - 34:3 fact [27] - 4:8, 5:17, findings [4] - 79:18, 80:2, four [2] - 24:8, 94:8 entered [1] - 15:26 examine [5] - 10:20, 26:7, 20:19, 26:12, 36:12, 97:12, 97:14 frankly [2] - 40:11, 41:3 entire [1] - 22:13 26:9, 38:15, 40:22 39:3, 39:28, 39:29, finger [1] - 42:14 Fraser [10] - 5:2, 43:17, entitled [5] - 4:16, 20:16, examined [5] - 41:15, 48:13, 50:14, 53:27, Fintan [1] - 51:22 43:20, 43:22, 43:23, 65:1, 67:26, 79:5 41:17, 41:27, 62:17, 55:17, 59:10, 61:13, firing [2] - 12:10, 88:5 43:24, 44:15, 45:16, 71:13, 77:20, 78:23, equally [1] - 97:21 68:20 first [48] - 1:4, 3:28, 8:4, 45:18, 45:19 equate [2] - 51:13, 51:16 EXAMINED [5] - 2:1, 84:1, 87:21, 88:16, 15:1, 18:13, 23:13, Freddie [1] - 80:17 97:10, 98:1, 98:2, Eric [1] - 91:17 20:2, 80:14, 81:1, 91:8 23:27, 31:21, 32:11, Friday's [1] - 70:18 99:22, 101:2, 102:12, error [1] - 40:16 examining [1] - 41:17 36:7, 43:14, 43:28, friend [1] - 75:16 104:9 establish [17] - 25:23, example [5] - 22:20, 45:7, 45:11, 45:28, Friend [1] - 101:9 factor [4] - 39:5, 41:8, 25:24, 33:4, 33:5, 22:22, 57:9, 57:26, 46:4, 47:14, 47:17, front [3] - 41:13, 46:25, 37:28, 38:29, 39:29, 102:1 75:16 48:14, 48:19, 48:25, 54:22 factors [4] - 37:22, 38:8, 40:19, 42:11, 43:9, examples [1] - 82:16 48:26, 49:6, 50:3, 51:4, FRU [1] - 87:3 38:18, 65:29 56:22, 63:4, 63:24, excellent [1] - 73:30 51:8, 51:9, 51:13, fruitful [1] - 100:26 facts [22] - 18:24, 32:24, 66:8, 66:12, 66:14, 67:4 exclusively [5] - 24:12, 51:19, 58:27, 62:27, fulfil [1] - 18:4 32:25, 33:12, 37:27, established [10] - 26:25, 29:7, 38:22, 39:15, 40:2 72:4, 72:24, 72:25, full [6] - 23:16, 34:14, 37:28, 38:16, 39:20, 28:18, 33:7, 33:10, excuse [2] - 84:2, 85:11 80:20, 84:19, 85:11, 36:18, 50:7, 50:12 41:16, 42:11, 43:2, 40:14, 42:1, 61:16, execution [1] - 3:21 85:12, 86:2, 91:21, fully [1] - 66:24 43:9, 43:10, 63:24, 67:30, 94:4, 101:11 Executive [1] - 93:12 92:22, 93:1, 93:2, Fulton [154] - 5:13, 5:17, 66:12, 66:14, 68:1, establishment [3] - 2:18, existed [1] - 37:17 96:13, 100:1, 100:16, 7:7, 8:8, 8:15, 8:21, 76:24, 77:3, 79:30, 94:4 63:27, 64:8 exists [1] - 37:13 102:15, 103:29 8:23, 9:4, 9:20, 9:22, factually [2] - 90:11, evaluation [1] - 8:6 expanded [1] - 99:8 firstly [3] - 16:18, 71:6, 16:15, 17:16, 17:21, 90:13 evening [2] - 75:13, 75:21 expect [8] - 8:30, 27:13, 91:12 17:23, 17:28, 18:3, fair [4] - 25:8, 51:11, event [7] - 3:11, 7:28, 37:18, 37:21, 57:18, Fitzsimons [3] - 77:14, 18:12, 24:4, 24:5, 73:10, 102:23 36:1, 74:11, 89:22, 71:4, 88:12, 97:29 77:21, 77:24 24:10, 24:13, 24:15, fairly [1] - 99:9 96:25, 101:10 expected [7] - 9:5, 9:7, Five [1] - 93:4 24:17, 25:3, 25:4, 25:7, fairness [6] - 32:10, events [3] - 3:27, 25:28, 26:9, 34:26, 50:5, Flanagan [4] - 16:30, 25:23, 25:27, 26:1, 34:25, 48:19, 78:6, 102:16 88:15, 89:20 59:4, 59:7, 93:25 26:6, 26:11, 26:18, 92:23 evidence [94] - 8:2, expecting [1] - 89:19 flow [1] - 33:16 26:22, 27:25, 28:22, falling [1] - 10:26 10:21, 11:30, 12:7, experience [2] - 22:4, focus [1] - 4:12 29:7, 29:21, 29:24, falls [1] - 41:1 12:9, 12:12, 12:26, 56:20 focused [2] - 16:3, 45:26 30:2, 30:4, 30:11, false [12] - 11:21, 20:25, 12:30, 16:14, 28:5, expert [1] - 88:3 following [9] - 14:1, 34:21, 35:21, 35:27, 32:8, 36:13, 36:15, 28:10, 28:19, 29:10, expertise [1] - 37:17 14:16, 29:22, 31:9, 38:28, 39:6, 39:8, 36:20, 37:22, 57:17, 29:16, 29:19, 29:27, explain [3] - 17:11, 17:12, 61:3, 62:4, 63:7, 97:16, 43:13, 43:22, 43:25, 57:24, 66:28, 95:7, 32:18, 33:12, 37:6, 17:15 100:4 43:26, 44:14, 45:5, 95:27 39:3, 39:20, 40:23, explained [2] - 46:5, follows [2] - 71:14, 98:9 45:7, 45:9, 45:10, falsehood [1] - 71:22 40:28, 40:29, 41:9, 65:28 FOLLOWS [8] - 1:2, 2:2, 45:17, 45:22, 46:1, falsely [2] - 66:22, 66:26 46:7, 46:21, 47:17, 41:14, 41:25, 41:26, explanation [6] - 70:4, 20:3, 34:1, 34:4, 80:14, familiar [1] - 2:14 42:9, 45:1, 45:3, 48:2, 72:12, 72:13, 72:19, 81:2, 91:8 48:1, 48:15, 48:27, families [9] - 17:24, 50:21, 51:20, 51:26, 83:2, 102:5 foot [1] - 38:30 49:6, 49:8, 49:15, 17:29, 18:21, 66:7, 51:15, 51:25, 51:26, 51:30, 53:2, 53:18, explosion [4] - 87:22, FOR [1] - 33:23 66:16, 66:21, 66:25, 53:19, 53:20, 53:21, 94:8, 94:10, 94:12 Force [1] - 12:19 52:9, 52:29, 53:8, 53:9, 67:2, 68:8 53:13, 53:21, 54:8, 54:4, 54:15, 55:27, explosions [2] - 13:7 force [11] - 7:30, 12:16, 56:14, 56:15, 57:16, family [13] - 2:30, 5:4, 54:13, 54:16, 55:28, exposed [1] - 74:18 20:23, 20:24, 21:29, 57:21, 59:17, 59:22, 5:14, 6:10, 6:11, 63:16, 56:15, 56:21, 56:27, exposing [1] - 69:10 26:7, 26:10, 59:25, 59:24, 60:7, 62:9, 66:4, 67:20, 67:27, 57:21, 57:22, 58:2, express [1] - 79:14 60:1, 78:24, 92:7 63:30, 64:6, 64:27, 68:7, 71:25, 72:26, 58:8, 58:23, 59:5, expressed [4] - 10:24, forces [29] - 5:21, 7:5, 65:21, 67:17, 67:23, 94:12 59:11, 59:17, 60:9, 19:2, 19:6, 64:16 7:10, 7:21, 7:23, 8:1, 68:29, 70:7, 70:9, 71:6, fantasist [2] - 7:14, 56:16 60:24, 60:26, 61:5, expression [1] - 7:19 8:12, 8:20, 8:26, 9:2, 71:15, 73:29, 74:3, far [5] - 13:6, 22:19, 9:3, 9:11, 9:15, 23:24, 61:10, 61:11, 61:14, extensive [7] - 10:4, 23:8, 77:10, 77:20, 77:22, 38:26, 39:5, 54:12 61:17, 61:20, 61:25, 23:11, 23:13, 23:17, 24:6, 24:22, 24:26, 78:23, 78:27, 78:28, farcical [1] - 60:4 61:26, 62:2, 62:10, 23:27, 24:8 25:22, 26:4, 37:7, 45:8, 78:30, 79:7, 81:21, farmer [1] - 51:6 54:19, 58:24, 61:17, 62:11, 62:13, 62:28, extent [1] - 64:5 81:23, 83:8, 83:19, father [1] - 5:4 81:16, 89:26, 90:12, 63:29, 64:1, 65:27, extradited [1] - 74:8 87:14, 87:17, 87:18, feasible [1] - 65:16 90:22 68:28, 69:1, 69:7, extradition [1] - 74:10 88:28, 89:17, 90:21, featured [1] - 87:26 Forces [1] - 52:23 75:16, 75:23, 79:8, extraordinarily [1] - 100:24, 101:3, 101:18, felt [10] - 6:11, 15:18, Foreign [2] - 14:5, 14:9 80:19, 81:24, 82:1, 31:17 82:4, 83:1, 83:10, 103:18, 103:20, 103:22, 16:6, 28:3, 59:2, 65:13, Forensic [1] - 88:2 extremely [1] - 31:13 83:28, 84:19, 84:20, 104:3, 104:10, 104:14 66:10, 67:2, 79:13, 97:5 forensic [3] - 12:9, 12:12, eye [1] - 3:27 evident [1] - 46:22 Fermanagh [1] - 13:30 88:17 85:13, 85:25, 86:12, 86:15, 86:19, 86:23, ex [3] - 14:29, 95:30, 96:1 few [4] - 51:4, 51:7, 51:9, forgive [1] - 36:6 87:4, 87:10, 90:1, 90:9, Ex [2] - 95:14, 95:22 80:12 form [3] - 2:11, 71:11,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 6

90:14, 90:15, 90:18, 38:4, 94:10, 99:3, 23:28, 31:11, 32:1, 6:30, 9:21, 9:23, 9:26, 34:24, 34:28, 94:3, 97:6 91:22, 91:28, 92:9, 100:28 32:20, 32:21, 34:18, 13:12, 13:28, 14:28, include [2] - 48:13, 50:3 96:19, 96:21, 97:1, given [42] - 18:28, 20:11, 34:20, 34:23, 35:22, 15:14, 16:10, 16:26, included [8] - 18:8, 24:4, 98:4, 98:8, 99:27, 20:15, 24:13, 25:25, 35:26, 35:29, 35:30, 17:17, 19:21, 20:19, 42:19, 75:17, 82:23, 101:22, 101:23, 101:28 26:30, 28:19, 37:9, 36:7, 39:9, 40:7, 79:7, 21:5, 21:29, 22:11, 92:20, 92:22, 96:8 Fulton's [16] - 8:17, 39:6, 41:25, 42:9, 90:24, 94:19, 94:23 22:15, 23:5, 24:12, including [5] - 5:4, 13:1, 24:23, 26:17, 29:16, 42:19, 45:9, 46:9, 49:2, Harnden's [21] - 10:27, 26:26, 27:8, 27:15, 22:12, 35:3, 67:1 29:27, 48:18, 49:13, 50:13, 54:7, 54:12, 23:3, 31:4, 31:6, 31:20, 30:1, 30:22, 36:26, inconvenience [1] - 50:11, 50:30, 53:12, 56:21, 57:29, 62:28, 32:23, 32:30, 34:8, 37:5, 38:24, 41:27, 33:18 54:6, 57:26, 64:7, 63:3, 63:22, 63:29, 36:4, 36:14, 37:23, 42:17, 42:18, 51:23, incorrect [5] - 20:8, 21:2, 82:30, 85:19, 89:28 63:30, 65:8, 66:29, 38:19, 39:3, 39:7, 51:24, 58:15, 60:11, 37:23, 66:18, 76:9 function [1] - 43:4 77:20, 78:27, 78:28, 39:12, 39:25, 40:16, 61:5, 62:13, 62:24, indeed [37] - 3:30, 4:22, fundamental [1] - 40:16 79:8, 79:13, 88:4, 40:26, 81:26, 81:27, 63:13, 64:18, 64:29, 7:20, 12:27, 13:26, funded [1] - 47:27 89:15, 90:2, 96:25, 81:28 65:3, 65:30, 66:13, 13:27, 17:23, 21:15, funeral [2] - 19:15, 19:19 97:25, 102:5, 102:12, Harry [15] - 10:10, 18:29, 67:18, 68:18, 69:27, 21:27, 25:26, 31:27, funerals [3] - 3:9, 3:14, 103:3, 103:22, 103:29 19:2, 19:5, 19:12, 72:20, 76:20, 76:29, 32:6, 32:12, 33:11, 19:16 gladly [1] - 49:5 23:15, 25:28, 38:3, 79:12, 79:24, 79:28, 35:20, 37:3, 41:27, furthermore [1] - 14:23 gleaned [1] - 10:28 42:21, 46:5, 51:17, 80:20, 81:29, 91:15, 43:7, 53:25, 61:16, Gough [1] - 55:4 52:28, 66:7, 68:8, 70:22 91:20, 91:25, 92:2, 63:16, 70:2, 74:13, G Government [5] - 14:18, HAVING [1] - 2:1 93:22, 96:14, 102:15 76:29, 81:14, 82:14, 81:15, 92:21, 96:6, HAYES [3] - 103:28, house [3] - 41:2, 46:19, 82:26, 84:7, 85:11, Garda [78] - 3:20, 3:24, 97:12 104:9, 104:14 49:16 86:14, 88:26, 90:4, 6:18, 10:30, 11:6, governments [1] - 103:6 headed [2] - 55:10, 55:25 Houses [4] - 5:11, 28:27, 96:9, 96:17, 103:4, 11:14, 11:24, 12:18, grade [1] - 101:17 hear [8] - 13:18, 62:19, 45:14, 65:10 103:24 12:21, 12:23, 12:27, grateful [2] - 103:17, 81:12, 81:13, 83:2, Hudson [1] - 87:24 independent [28] - 10:9, 13:18, 14:11, 14:19, 103:21 83:20, 83:26, 92:15 10:20, 15:19, 16:8, 14:21, 15:30, 19:3, grave [4] - 20:9, 20:20, heard [5] - 13:7, 13:22, I 21:8, 23:10, 27:2, 23:1, 24:14, 24:27, 20:25, 22:1 43:26, 43:27, 78:23 27:27, 28:12, 33:11, 26:3, 26:12, 30:7, idea [2] - 52:20, 72:7 great [7] - 21:9, 21:25, hearing [1] - 83:9 38:5, 40:20, 40:24, 31:14, 31:25, 31:28, identifiable [1] - 54:24 21:26, 47:6, 81:7, hearsay [1] - 100:30 41:10, 41:30, 42:24, 32:2, 32:3, 32:13, identified [2] - 14:4, 82:12, 103:20 held [1] - 61:18 63:24, 63:27, 65:14, 32:15, 32:19, 35:5, 35:21 Great [4] - 58:1, 58:3, helicopter [1] - 77:13 65:17, 65:22, 66:11, 35:8, 35:11, 36:8, identify [2] - 35:8, 73:22 58:4, 58:11 help [2] - 60:27, 85:6 67:3, 68:22, 79:15, 37:14, 40:19, 44:5, identifying [1] - 11:15 greater [2] - 39:5, 71:20 helpful [1] - 47:23 79:29, 97:7, 97:15 46:10, 47:21, 49:11, identity [2] - 7:3, 19:8 guard [4] - 35:14, 42:14, helping [3] - 60:13, Index [1] - 92:27 50:17, 51:29, 52:3, immediately [2] - 71:2, 53:14, 74:14 60:17, 61:8 indicate [2] - 44:8, 61:2 52:5, 52:6, 52:15, 62:5, 89:18 Guardian [2] - 86:22, hence [1] - 33:11 indicated [2] - 16:2, 70:30, 73:13, 73:17, impact [3] - 65:5, 66:3, 86:29 Hickey [3] - 11:21, 95:4, 17:21 74:6, 74:16, 75:25, 67:27 guards [2] - 87:28, 97:21 95:11 indicates [1] - 40:18 75:28, 77:29, 78:5, impart [1] - 7:27 guess [2] - 27:16, 60:3 hides [1] - 58:3 indicating [1] - 15:12 78:9, 81:5, 81:24, 82:9, imparted [4] - 20:28, guilty [8] - 41:24, 41:26, hierarchy [1] - 78:19 indication [1] - 50:27 88:16, 88:23, 89:20, 20:29, 26:6, 53:2 42:27, 42:28, 43:5, Higgins [3] - 11:16, indications [1] - 100:9 91:13, 92:19, 93:3, imparting [1] - 25:19 43:6, 43:10, 102:11 93:24, 93:29 individual [15] - 5:11, 93:7, 94:29, 95:18, impending [1] - 44:9 gun [1] - 14:7 Higgins' [1] - 11:27 5:12, 12:23, 14:24, 97:11, 99:15, 101:16, imperative [1] - 67:2 high [2] - 12:18, 101:17 22:6, 24:16, 28:26, 102:10, 102:13, 102:19, impinge [1] - 104:15 H highest [1] - 56:16 29:2, 44:7, 52:22, 102:27 implicating [2] - 81:23, highly [1] - 6:23 56:19, 58:22, 90:28, garda [1] - 61:24 half [5] - 44:13, 51:13, 82:8 himself [3] - 6:3, 18:12, 98:17, 98:18 Gardaí [15] - 36:12, 53:29, 67:14, 104:7 implication [1] - 47:26 individuals [8] - 12:20, 78:14, 78:22, 88:6, 97:26 hand [2] - 69:17, 74:15 implied [1] - 53:10 51:29, 54:26, 56:26, 88:12, 89:10, 89:12, hindsight [2] - 26:15, handed [7] - 9:17, 69:19, importance [2] - 44:30, 57:5, 57:12, 62:20, 85:6 90:6, 91:28, 92:1, 68:23 74:7, 74:20, 87:6, 53:23 infiltrate [3] - 6:9, 6:12, 92:17, 98:19, 100:7, historic [1] - 21:19 88:17, 88:19 important [13] - 15:18, 46:2 100:25, 100:26 historical [1] - 21:13 handing [1] - 74:16 28:10, 29:10, 29:16, infiltrated [3] - 5:21, gathering [2] - 37:2, 55:5 history [1] - 95:3 handled [2] - 16:19, 29:27, 33:17, 44:24, 58:27, 86:4 gathers [1] - 36:29 hmm [1] - 4:27 57:21 53:17, 65:13, 73:8, infiltrates [1] - 86:5 general [8] - 6:14, 12:8, hold [2] - 28:20, 101:24 handlers [6] - 47:11, 79:14, 92:24, 101:24 influential [1] - 39:25 12:15, 13:10, 24:29, holding [4] - 21:7, 28:11, 61:12, 61:13, 61:21, importations [1] - 14:19 informants [2] - 61:29, 26:5, 29:6, 30:29 28:15, 66:10 90:3, 90:10 impossibility [1] - 79:8 87:8 generally [2] - 23:22, home [2] - 2:29, 13:6 hands [1] - 10:27 impossible [1] - 100:22 information [142] - 3:20, 29:23 honestly [1] - 71:28 Hanna [4] - 11:11, 11:15, improper [1] - 47:27 4:17, 5:9, 6:17, 6:18, generated [1] - 71:19 honourable [1] - 14:17 63:16, 94:12 inaccuracy [1] - 101:7 7:11, 7:26, 7:27, 9:10, gentleman [9] - 14:17, hope [1] - 103:21 happy [2] - 50:8, 92:13 inaccurate [2] - 40:27, 10:22, 10:26, 10:28, 55:1, 55:8, 56:5, 56:7, hoped [2] - 13:23, 104:2 harassment [1] - 74:17 101:11 11:3, 11:27, 12:5, 12:8, 57:1, 57:3, 67:12, 73:24 hopefully [2] - 7:28, harm [1] - 67:29 inadequacies [1] - 89:1 13:17, 15:12, 17:29, gentlemen [1] - 57:15 26:24 Harnden [28] - 4:16, 4:21, incident [2] - 55:16, 94:5 20:10, 20:14, 20:28, Germany [1] - 6:6 hospital [1] - 67:9 5:1, 5:10, 5:27, 10:6, Incidents [1] - 93:4 24:13, 25:18, 25:19, Gibson [11] - 4:10, 6:17, hour [3] - 44:13, 103:29 15:29, 19:7, 23:20, incidents [6] - 4:18, 18:8, 25:25, 26:3, 26:5, 11:9, 11:25, 15:25, House [63] - 2:19, 2:27,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 7

26:17, 26:30, 27:1, 20:30, 21:8, 23:10, interrogation [1] - 87:7 53:19, 55:11, 55:17, 97:29, 98:1, 98:3, 98:9, 27:5, 27:24, 27:26, 27:3, 27:27, 28:6, interrupt [2] - 33:16, 92:5 57:30, 58:28, 59:20, 99:26, 99:27, 100:28, 28:21, 31:10, 31:14, 28:12, 28:18, 28:20, intervening [1] - 96:27 59:26, 60:1, 60:18, 101:5, 101:10, 102:7 31:24, 31:26, 32:5, 28:23, 28:25, 28:26, interview [3] - 32:20, 60:30, 61:3, 61:11, judgement [35] - 8:5, 32:8, 32:13, 32:15, 29:22, 29:25, 29:28, 49:3, 94:19 61:15, 61:16, 61:18, 24:18, 27:10, 27:12, 32:27, 34:13, 34:15, 32:24, 32:27, 33:12, interviewed [7] - 48:22, 61:19, 61:21, 61:24, 27:18, 27:20, 27:21, 34:27, 35:12, 35:28, 38:17, 38:23, 39:2, 91:27, 93:29, 96:16, 61:27, 61:29, 62:5, 27:22, 28:6, 28:7, 36:8, 37:1, 37:3, 37:13, 39:28, 40:1, 40:25, 96:18, 96:26, 96:28 62:6, 62:15, 62:26, 28:12, 39:1, 39:24, 37:18, 37:29, 38:23, 41:10, 41:15, 41:30, interviews [1] - 95:30 64:14, 64:17, 73:28, 42:22, 42:25, 52:15, 38:27, 38:29, 39:3, 42:11, 42:24, 55:25, intimidated [2] - 78:14, 74:1, 74:4, 74:21, 55:14, 55:22, 56:11, 39:6, 39:20, 39:23, 63:24, 63:27, 64:8, 78:22 74:28, 75:14, 75:22, 56:26, 57:13, 58:30, 39:30, 41:12, 42:9, 65:14, 65:17, 65:23, intimidation [2] - 78:16, 75:24, 75:28, 75:30, 62:30, 65:11, 65:19, 42:19, 42:20, 42:23, 66:11, 67:3, 67:4, 78:26 76:13, 78:14, 78:29, 66:30, 68:6, 68:9, 42:26, 44:6, 44:8, 45:5, 67:30, 68:22, 79:16, intrinsically [1] - 42:4 82:11, 82:25, 83:1, 68:10, 68:11, 68:26, 45:8, 46:11, 46:23, 79:17, 79:29, 90:29, introduce [1] - 5:8 83:3, 83:18, 83:23, 68:27, 102:8 47:10, 47:22, 47:23, 97:7, 97:9, 97:11, introduced [4] - 5:19, 85:8, 85:29, 86:4, 86:5, judgement-call [4] - 48:16, 48:27, 49:10, 97:15, 101:25, 102:28, 5:20, 6:3, 98:20 86:13, 87:4, 92:19, 39:24, 62:30, 66:30, 50:6, 50:17, 50:19, 103:4 93:4, 94:22, 98:14, introduction [3] - 84:18, 68:26 52:12, 52:14, 52:18, inside [4] - 3:19, 5:22, 85:19, 93:15 98:17, 98:22, 98:27, judgements [10] - 8:22, 52:24, 53:2, 53:6, 35:11, 76:30 98:28, 99:14, 99:15 invalidate [1] - 37:27 27:14, 27:18, 39:22, 53:11, 54:7, 54:10, insofar [3] - 34:13, 52:28, Ireland [10] - 10:19, 14:8, investigated [5] - 14:12, 56:25, 58:16, 58:17, 54:12, 56:21, 56:23, 82:11 28:3, 68:20, 92:29, 94:1 30:20, 37:11, 59:21, 59:14, 68:2, 68:3 57:24, 60:18, 60:30, Inspector [4] - 32:2, 60:2, 73:29, 86:18, judicial [1] - 16:7 investigating [6] - 13:17, 62:16, 62:18, 62:23, 88:3, 89:4 32:19, 55:4, 57:19 25:16, 25:17, 87:28, July [8] - 11:11, 51:10, 62:28, 63:3, 63:22, inspector [4] - 36:11, 97:27 Irish [9] - 6:6, 10:13, 51:11, 84:3, 85:5, 63:29, 64:2, 65:8, 39:12, 40:4, 40:10 10:25, 12:1, 14:18, 94:13, 94:16, 102:3 investigation [27] - 8:27, 65:10, 66:9, 66:22, 30:14, 93:17, 97:12, inspector's [1] - 41:3 12:11, 12:28, 16:19, jurisdiction [2] - 89:13, 66:27, 66:29, 67:5, 103:6 instance [2] - 12:25, 16:20, 55:10, 55:16, 92:14 68:19, 73:8, 77:23, 62:27 86:17, 87:19, 87:30, irregularities [1] - 95:5 jurisdictions [1] - 74:12 79:13, 81:12, 81:17, instances [2] - 18:20, 88:18, 92:17, 92:18, island [1] - 74:12 Justice [3] - 11:9, 11:25, 82:1, 82:7, 83:8, 88:22, 82:16 92:27, 94:5, 94:25, issue [21] - 9:5, 12:4, 99:3 88:28, 89:5, 89:17, instructed [1] - 70:25 94:28, 96:10, 96:11, 16:6, 18:14, 21:5, justification [1] - 28:20 89:23, 90:2, 90:6, integrity [1] - 55:8 96:15, 96:30, 97:3, 28:25, 28:26, 28:30, justified [4] - 38:5, 65:10, 90:12, 90:17, 90:20, intelligence [21] - 7:17, 97:17, 97:20, 97:24, 38:25, 39:13, 53:5, 66:10, 97:10 93:28, 98:21, 100:6, 32:27, 36:29, 55:5, 102:22, 104:2 69:7, 83:29, 84:5, 84:9, justifying [2] - 29:27, 100:17, 100:27, 101:17, 84:21, 85:22, 87:29, 55:28, 56:17, 57:30, Investigations [1] - 93:7 64:7 101:20 88:24, 89:2, 92:9 58:11, 73:18, 73:30, investigations [8] - informed [2] - 28:23, 77:23, 85:8, 98:12, 14:19, 14:23, 17:11, Issues [1] - 93:8 K 31:12 99:28, 100:1, 100:3, 94:18, 95:27, 102:18, issues [16] - 4:23, 4:25, informers [2] - 61:19, Keeley [1] - 5:17 100:10, 100:15, 101:12, 102:19, 102:20 5:6, 11:12, 15:20, 16:5, 61:20 21:5, 30:26, 36:3, 38:1, keep [3] - 58:26, 72:8, 101:23 involved [28] - 2:11, 4:5, informing [1] - 51:28 72:11 intelligence-gathering 4:19, 11:6, 12:22, 14:7, 39:30, 45:26, 68:4, Ingram [3] - 13:29, 84:19, kept [1] - 44:26 [1] - 55:5 22:1, 22:15, 22:16, 76:16, 95:14, 95:22 85:19 Kevin [80] - 5:13, 5:17, intended [1] - 67:18 42:4, 42:9, 44:6, 45:23, itself [2] - 12:21, 96:23 initial [2] - 6:7, 94:5 8:8, 8:15, 8:17, 8:21, intention [2] - 42:13, 47:13, 47:20, 52:22, [1] 16:15, 17:16, 17:23, injured - 87:24 103:10 52:23, 67:1, 68:15, J 17:28, 18:3, 18:12, injustice [3] - 20:9, 20:20, inter [1] - 14:29 70:21, 79:21, 79:30, jealous [1] - 71:19 24:10, 24:13, 24:15, 21:3 intercepted [1] - 82:22 85:16, 85:17, 86:6, Jeffrey [4] - 1:5, 48:20, 24:17, 24:23, 26:1, INLA [1] - 74:25 interest [39] - 3:1, 3:4, 86:15, 87:5 innocent [3] - 66:24, 69:26, 93:21 26:6, 26:22, 27:25, 3:7, 3:26, 4:1, 4:3, 4:14, involvement [7] - 3:24, JEFFREY [2] - 2:1, 34:3 28:22, 29:7, 29:15, 71:24, 71:25 6:15, 6:24, 6:28, 8:20, 16:16, 37:11, 43:29, job [2] - 26:21, 67:7 29:24, 29:26, 30:1, inquire [3] - 8:15, 35:22, 8:24, 13:8, 13:9, 13:13, 56:27, 57:8, 95:4 39:26 jobs [1] - 81:13 30:4, 30:10, 30:13, 13:22, 17:10, 17:22, involving [6] - 4:18, joined [1] - 6:5 38:28, 39:6, 43:13, inquired [4] - 26:23, 38:1, 20:13, 22:30, 23:23, 10:18, 14:10, 45:29, Jonesboro [1] - 10:12 45:17, 45:22, 46:21, 44:29, 59:18 24:19, 25:14, 25:21, 55:10, 55:16 Joseph [8] - 16:11, 17:2, 47:17, 50:11, 51:25, inquiries [14] - 10:4, 23:8, 26:20, 27:1, 27:5, IRA [104] - 3:3, 3:6, 3:20, 46:6, 46:20, 49:9, 53:8, 53:13, 54:5, 54:8, 23:12, 23:13, 23:17, 27:23, 27:25, 31:4, 3:29, 4:19, 5:22, 5:23, 50:16, 98:17, 98:26 54:13, 54:16, 55:28, 23:27, 24:9, 38:5, 31:9, 33:7, 33:8, 47:27, 6:10, 6:13, 6:19, 10:17, journalist [7] - 4:15, 56:15, 56:21, 56:27, 38:26, 58:17, 60:2, 57:11, 63:5, 68:9, 71:9, 10:22, 10:24, 10:29, 18:23, 18:24, 34:26, 57:26, 59:11, 59:17, 83:17, 90:26 81:7 11:3, 11:6, 11:22, 76:17, 76:27 60:9, 60:24, 62:2, Inquiry [12] - 28:15, interested [5] - 4:20, 12:25, 14:3, 14:4, 18:7, journalistic [2] - 35:19, 62:10, 62:11, 62:13, 36:22, 48:21, 48:24, 8:25, 42:6, 65:27, 65:28 22:10, 22:13, 31:25, 36:1 62:28, 63:29, 64:1, 48:26, 49:4, 66:13, interesting [2] - 32:26, 32:4, 32:16, 35:12, journey [1] - 68:3 64:7, 65:27, 68:28, 68:17, 79:20, 79:29, 57:29 36:9, 37:15, 41:22, judge [1] - 55:15 69:1, 69:7, 75:16, 79:8, 80:1, 80:2 interests [1] - 13:10 42:10, 42:15, 42:21, 80:19, 87:4, 90:9, inquiry [62] - 10:9, 10:20, interferences [1] - 21:22 44:6, 45:24, 46:8, Judge [19] - 11:16, 11:27, 91:22, 91:28, 93:18, 15:19, 15:23, 16:8, intermittently [1] - 3:23 46:16, 46:24, 47:22, 29:17, 29:24, 64:4, 64:5, 64:6, 97:16, 94:26, 96:21, 98:3, 16:18, 19:25, 20:27, interpretation [1] - 82:29 47:23, 53:3, 53:4, 53:6, 99:27, 101:23

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 8 key [1] - 53:8 69:20, 69:22, 69:23, 59:2 46:5, 46:13, 46:18, Mickey [4] - 49:17, 49:19, killed [4] - 3:17, 87:5, 69:25, 70:1, 70:6, 70:8, major [3] - 9:5, 55:10, 47:3, 47:4, 47:11, 49:24, 50:14 87:16, 87:22 70:9, 70:14, 71:27, 55:25 47:15, 47:17, 48:1, might [7] - 9:6, 13:23, Killeen [3] - 94:9, 94:11, 71:28, 71:29, 72:2, majority [1] - 27:16 48:15, 48:27, 48:28, 26:16, 70:23, 99:26, 94:13 72:5, 72:12, 72:14, malicious [2] - 71:18, 50:4, 50:20, 50:28, 104:2, 104:6 killing [3] - 24:27, 31:15, 72:18, 72:19, 84:2, 71:22 51:3, 51:7, 51:17, Mills [4] - 10:3, 92:26, 82:13 84:7, 84:26, 85:3, 85:11 man [14] - 20:20, 21:2, 52:30, 53:16, 53:22, 93:1, 98:5 killings [3] - 31:7, 79:22, letters [2] - 72:8, 72:17 42:27, 43:29, 55:8, 53:24, 53:29, 54:9, mind [6] - 15:28, 24:18, 100:17 level [6] - 3:1, 23:22, 55:13, 55:20, 55:21, 60:10, 60:12, 61:4, 41:16, 41:20, 42:2, 50:9 kind [3] - 4:3, 71:21, 38:6, 56:10, 89:1, 97:8 55:22, 56:16, 66:24, 61:7, 61:23, 61:28, mine [1] - 64:25 87:14 liable [1] - 71:2 71:24, 87:22 62:21, 85:21, 86:1 minister [3] - 13:29, 14:2, kindly [1] - 103:19 liaison [1] - 88:6 mandate [1] - 27:12 meetings [17] - 9:20, 14:16 kinds [1] - 86:20 liar [1] - 56:15 manner [2] - 36:29, 87:15 9:22, 9:23, 17:19, Ministry [2] - 84:9, 84:21 Kirwan [4] - 9:28, 32:12, lie [3] - 52:2, 52:3, 70:27 March [5] - 10:14, 30:15, 18:23, 18:26, 44:24, minutes [1] - 104:15 92:18, 92:27 life [7] - 12:29, 67:19, 37:15, 93:18, 94:15 45:20, 45:28, 48:26, misheard [1] - 83:11 knowledge [14] - 5:22, 67:20, 71:3, 71:24, mark [1] - 60:23 49:7, 61:14, 80:19, misleading [2] - 36:4, 7:6, 17:21, 17:25, 18:8, 73:27, 74:3 marked [1] - 9:8 80:20, 86:14, 101:16 57:24 23:25, 25:27, 36:19, light [2] - 19:27, 30:17 Martin [1] - 84:19 Member [2] - 2:6, 71:21 misquoted [2] - 40:5, 37:10, 47:18, 56:8, likelihood [2] - 91:23, massacre [1] - 13:16 member [57] - 6:18, 7:5, 40:9 70:28, 81:7, 82:12 92:7 materialise [1] - 53:21 7:21, 7:22, 7:29, 8:11, missing [2] - 70:11, 70:12 known [8] - 5:12, 10:24, likely [2] - 59:23, 62:7 matter [41] - 3:27, 6:25, 8:19, 9:2, 9:3, 9:10, mistake [1] - 11:15 11:23, 18:8, 19:3, 19:13, 61:16, 64:14, limited [1] - 56:26 6:28, 8:3, 8:18, 12:3, mistakes [1] - 79:6 20:22, 21:9, 21:29, 64:17, 73:15, 87:4 line [4] - 47:2, 50:27, 14:9, 14:18, 16:7, 18:9, Mitty [4] - 7:19, 55:30, knows [3] - 67:27, 75:1, 85:11, 102:23 18:16, 18:18, 18:22, 23:24, 24:6, 24:22, 59:5, 59:11 24:26, 26:7, 26:10, 75:4 lines [1] - 51:16 22:18, 22:21, 25:14, Mitty-type [1] - 59:5 32:3, 35:5, 35:8, 35:10, link [2] - 6:18, 88:27 27:10, 27:11, 28:3, mix [1] - 102:7 36:26, 44:5, 45:8, L linked [1] - 71:11 37:28, 40:11, 40:30, modicum [1] - 41:11 54:19, 54:20, 57:9, linking [1] - 68:19 42:5, 53:9, 54:11, modus [2] - 36:27, 37:8 Lady [6] - 6:16, 11:9, 57:10, 61:11, 61:15, Lisnarick [1] - 13:30 58:20, 61:13, 63:1, Moira [2] - 2:29, 10:14 11:25, 38:4, 94:10, 99:3 61:24, 62:4, 73:12, list [2] - 54:23, 54:28 63:5, 71:13, 71:15, mole [3] - 32:3, 75:24, Lagan [1] - 2:7 73:14, 73:26, 74:6, listening [2] - 53:17, 71:20, 72:26, 79:17, 75:30 largest [1] - 12:28 74:25, 76:15, 77:12, 76:30 84:12, 88:16, 91:10, moment [4] - 63:20, last [6] - 10:2, 44:12, 78:9, 81:24, 82:8, 85:7, live [1] - 2:30 95:12, 98:3, 103:7, 66:20, 84:2, 98:5 45:1, 46:30, 48:11, 87:4, 88:23, 89:26, lived [2] - 2:28, 10:14 103:30 money [1] - 58:25 70:18 92:1, 92:8, 98:14, lives [2] - 3:18, 71:25 matters [21] - 7:7, 16:2, monitor [1] - 36:17 late [5] - 6:1, 43:14, 82:4, 17:9, 23:14, 23:18, 98:19, 98:27, 99:14 living [2] - 10:22, 13:6 monstrous [1] - 70:27 85:15, 98:16 23:23, 23:25, 26:23, Members [1] - 21:26 logistics [1] - 58:4 months [6] - 14:14, 51:9, laterally [1] - 87:27 39:26, 48:22, 57:11, members [19] - 5:4, London [4] - 5:11, 21:14, 51:20, 79:9, 82:18, LAVERTY [8] - 1:4, 2:2, 11:28, 12:23, 20:23, 45:14, 69:27 57:25, 59:15, 59:18, 98:11 2:4, 9:19, 91:5, 91:8, 62:17, 65:22, 66:5, 22:10, 54:23, 61:28, long-serving [1] - 73:14 morning [8] - 1:4, 2:4, 91:10, 92:11 67:3, 81:8, 101:27, 61:30, 62:6, 62:15, look [5] - 4:29, 54:27, 2:5, 10:16, 10:23, 19:6, laverty [1] - 92:5 63:16, 71:25, 74:15, 54:28, 56:3, 73:21 103:2 104:3, 104:18 Laverty [4] - 1:7, 87:18, Mayo [1] - 78:12 75:14, 75:21, 76:2, looking [2] - 16:1, 54:4 77:27, 77:28, 100:5 most [8] - 3:2, 3:16, 89:3, 91:3 McBurney's [1] - 90:26 looks [2] - 95:17 10:11, 20:25, 63:17, membership [1] - 22:13 law [1] - 27:20 McGlinchey [5] - 74:7, Lord [8] - 6:16, 11:8, 67:13, 71:16, 78:7 leader [3] - 14:4, 30:25, 74:11, 74:15, 74:21, men [1] - 46:8 11:24, 37:4, 38:4, motivation [5] - 21:4, 37:4 mention [8] - 19:20, 35:5, 69:28, 94:10, 99:2 74:24 63:23, 66:28, 67:29, leading [2] - 2:24, 68:16 McGuinness [3] - 81:1, 47:7, 48:8, 49:18, loss [1] - 12:28 68:17 leak [1] - 36:12 81:4, 81:5 49:20, 62:19, 80:21 lost [4] - 3:5, 3:17, 5:3, mouth [1] - 42:7 leaking [1] - 87:7 mean [9] - 41:2, 59:25, mentioned [18] - 2:21, 5:28 moved [2] - 3:28, 4:2 learn [1] - 101:2 60:17, 60:27, 60:29, 3:8, 11:30, 14:29, Louth [3] - 5:23, 46:19, movements [2] - 11:27, learnt [1] - 86:7 79:26, 90:1, 99:12, 30:10, 30:19, 30:21, 51:6 46:11 least [2] - 37:4, 84:23 104:12 31:3, 47:6, 48:7, 53:12, Louth/Armagh [1] - 93:5 MP [3] - 1:5, 69:26, 93:21 leave [6] - 20:30, 52:4, means [9] - 28:17, 39:4, 80:17, 82:5, 84:11, loved [2] - 17:26, 66:23 MR [13] - 20:2, 20:5, 34:3, 53:28, 54:3, 54:15, 61:26, 61:27, 62:1, 96:13, 96:14, 103:30 loyalist [1] - 83:15 34:4, 34:6, 80:6, 80:8, 73:28 62:3, 62:4, 62:7, 82:4 mentions [1] - 95:9 lunch [6] - 33:19, 34:7, 81:1, 81:4, 92:5, leaves [1] - 52:20 mechanism [1] - 44:23 mercenary [1] - 71:19 36:5, 38:7, 38:10, 104:1 103:28, 104:9, 104:14 leaving [1] - 54:14 media [1] - 69:25 merely [1] - 87:29 [2] MRS [8] - 1:4, 2:2, 2:4, LUNCH - 33:23, 34:1 merited [1] - 16:8 led [2] - 16:17, 100:18 meet [6] - 5:11, 6:27, 9:19, 91:5, 91:8, 91:10, met [27] - 4:22, 5:5, 5:24, ledger [1] - 100:14 M 34:20, 43:25, 72:23, 92:11 left [5] - 16:7, 34:15, 85:14 6:29, 6:30, 17:16, MS [4] - 80:10, 80:12, 17:23, 29:3, 34:18, 55:18, 55:26, 75:28 mails [1] - 69:30 meeting [52] - 10:13, 34:21, 43:13, 43:29, 80:14, 80:16 length [1] - 23:20 Mains [5] - 18:29, 19:23, 10:15, 10:18, 19:6, 45:25, 46:20, 47:9, murder [33] - 4:13, 6:19, Leo [1] - 95:15 72:23, 72:24, 73:4 43:20, 43:23, 43:26, 57:7, 57:12, 57:13, 11:4, 11:28, 18:8, less [1] - 72:14 mains [1] - 19:3 44:1, 44:9, 44:11, 61:12, 61:21, 61:29, 19:25, 20:23, 22:1, lesser [1] - 79:19 Mains' [1] - 72:30 44:12, 44:14, 44:17, 72:25, 82:4, 84:19, 22:16, 22:28, 41:25, letter [28] - 30:25, 30:29, maintain [1] - 4:2 45:7, 45:10, 45:13, 42:3, 42:4, 42:16, 49:9, 45:15, 45:18, 46:3, 90:14, 99:10 69:13, 69:15, 69:16, maintained [2] - 59:1, 51:10, 52:13, 52:28,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 9

53:7, 53:13, 63:14, necessary [6] - 7:30, 8:1, 20:2, 20:5, 34:4, 34:6, 16:19, 17:3, 17:10 26:27, 27:7, 27:29, 63:16, 70:21, 79:10, 27:29, 27:30, 69:4, 80:6, 92:5 Ombudsman [3] - 16:20, 28:9, 28:30, 29:6, 29:7, 87:29, 94:8, 94:10, 88:14 O'Callaghan [1] - 82:29 17:1, 86:17 30:1, 30:10, 41:21, 94:12, 94:14, 94:16, necessity [2] - 27:7, o'clock [1] - 33:17 omission [1] - 12:24 42:14, 42:20, 44:1, 99:2, 100:19, 100:27 28:20 O'HARE [3] - 80:12, ON [1] - 1:1 46:20, 46:23, 47:9, murdered [10] - 3:3, 3:5, need [6] - 11:2, 11:12, 80:14, 80:16 once [2] - 55:9, 102:14 47:11, 47:25, 47:26, 5:4, 10:12, 11:2, 46:6, 28:6, 28:23, 29:27, 73:6 O'Loan [1] - 16:21 one [46] - 2:11, 2:17, 48:17, 48:28, 51:24, 46:8, 51:10, 66:23, 78:5 needed [3] - 28:4, 28:29, O'SULLIVAN [1] - 80:10 2:19, 10:28, 11:13, 52:3, 53:3, 53:5, 53:10, murderer [4] - 41:22, 52:24 object [1] - 71:3 12:2, 15:18, 16:6, 53:11, 53:15, 53:19, 41:24, 42:8, 85:21 needs [4] - 54:11, 68:20, objection [1] - 91:30 17:23, 21:9, 24:7, 57:23, 62:21, 63:14, murders [49] - 3:8, 3:21, 70:6 objective [1] - 25:13 28:26, 33:17, 33:20, 63:25, 64:13, 65:4, 4:1, 6:15, 6:16, 11:5, negate [1] - 50:15 obligation [2] - 67:11, 35:23, 36:6, 41:1, 41:5, 65:17, 65:20, 65:24, 11:9, 11:11, 12:12, negotiations [2] - 4:6, 103:19 43:3, 44:16, 45:11, 66:15, 68:15, 72:14, 15:25, 15:26, 15:30, 83:21 observations [1] - 17:7 52:10, 55:17, 57:28, 72:19, 75:20, 76:12, 76:19, 76:28, 77:19, 17:26, 18:29, 22:30, neighbouring [1] - 20:24 obviously [13] - 6:11, 57:29, 63:17, 66:20, 23:15, 25:28, 30:20, never [29] - 12:18, 12:20, 7:30, 8:26, 11:18, 34:8, 68:5, 73:18, 75:13, 77:21, 77:22, 78:27, 30:21, 31:22, 34:29, 16:27, 17:2, 17:5, 34:14, 54:25, 71:15, 75:17, 75:21, 76:3, 79:12, 79:21, 95:22, 35:13, 38:3, 42:21, 21:30, 22:16, 30:29, 82:15, 82:17, 86:5, 83:19, 84:2, 86:15, 98:18 46:15, 47:18, 47:20, 38:16, 41:23, 41:24, 87:9, 87:13 87:4, 88:15, 90:16, own [19] - 4:24, 5:3, 10:4, 18:16, 23:8, 24:18, 48:2, 49:16, 50:29, 42:6, 42:7, 51:16, occasion [8] - 16:9, 91:10, 93:2, 95:11, 51:17, 52:30, 68:16, 52:29, 57:7, 57:22, 17:23, 41:28, 60:23, 97:12, 98:16, 101:28, 37:10, 38:26, 40:25, 68:19, 71:12, 73:3, 57:23, 72:5, 81:13, 75:14, 85:30, 88:10, 103:28 55:5, 56:25, 58:16, 83:4, 83:6, 83:22, 81:17, 82:5, 84:11, 98:16 one-time [1] - 87:4 59:14, 63:26, 68:9, 76:2, 84:4, 85:20, 88:10 85:16, 85:18, 86:24, 84:26, 84:29, 85:9, occasionally [1] - 69:29 ones [2] - 17:27, 66:23 90:7, 90:21, 99:11, owned [1] - 47:25 85:10, 96:16, 102:12 occasions [11] - 7:14, onwards [1] - 52:7 100:5, 100:6, 101:4, Newry [2] - 6:10, 57:20 14:27, 14:30, 17:17, open [5] - 41:16, 41:20, 101:13 News [1] - 86:30 27:16, 36:30, 49:25, 42:2, 70:14, 92:24 P must [8] - 19:18, 37:23, news [1] - 87:26 61:12, 73:27, 76:11, openly [1] - 92:2 p.m [1] - 10:17 39:13, 53:10, 63:9, newspaper [5] - 76:3, 88:6 operandi [2] - 36:27, 37:8 71:1, 96:11, 100:29 P.M [1] - 1:2 76:5, 76:6, 86:22 occurred [9] - 3:12, 4:1, operate [2] - 77:29, 78:1 page [6] - 46:30, 47:16, Myers [2] - 30:19, 93:18 Newspapers [1] - 76:9 22:29, 28:24, 46:18, operations [1] - 58:5 48:6, 48:19, 60:10, Myers' [4] - 30:13, 30:24, next [3] - 11:10, 62:14, 50:29, 76:13, 80:4, 97:7 opinion [10] - 8:7, 8:8, 93:10 30:27, 94:26 104:3 October [2] - 98:2, 102:3 55:23, 56:19, 62:1, paid [1] - 58:25 nobody [1] - 91:27 OF [3] - 1:1, 34:3 64:20, 64:25, 64:26, paper [2] - 7:25, 87:3 N nonetheless [2] - 70:25, offence [7] - 14:25, 65:1, 90:8 Parachute [1] - 11:29 77:28 21:30, 22:7, 22:15, opportunity [5] - 50:5, naively [1] - 64:1 paragraph [11] - 10:3, North [9] - 4:9, 15:2, 15:6, 22:28, 42:28, 43:11 50:30, 97:25, 102:5, naivety [1] - 64:4 11:10, 23:7, 29:21, 16:18, 16:23, 16:24, offences [2] - 22:12, 102:27 Name [1] - 9:17 47:2, 47:16, 48:6, 85:3, 60:13, 61:8, 91:29 45:23 opposed [3] - 25:24, name [31] - 2:22, 5:13, 94:3, 95:23, 99:30 Northern [10] - 10:19, offended [3] - 63:9, 26:17, 40:20 7:24, 7:29, 9:14, 12:19, paragraphs [1] - 92:29 14:8, 30:20, 37:11, 67:13, 79:4 orally [1] - 7:26 24:11, 27:7, 27:29, paramilitaries [1] - 83:15 59:21, 60:2, 73:28, offensive [1] - 79:2 order [3] - 21:22, 56:16, 30:3, 30:10, 35:5, 35:7, paraphrase [1] - 25:2 86:18, 88:3, 89:4 offer [1] - 103:23 95:30 35:14, 35:22, 41:21, paraphrased [1] - 9:28 note [3] - 48:19, 85:9, offhand [1] - 22:23 organisation [4] - 52:11, 43:28, 44:7, 49:18, pardon [1] - 74:29 100:29 office [3] - 14:8, 44:23, 52:20, 52:21, 52:26 49:20, 53:11, 54:25, parents' [1] - 13:5 noted [1] - 29:17 44:25 organised [2] - 43:17, 56:9, 68:28, 69:1, 69:3, park [10] - 46:18, 47:9, notes [13] - 44:17, 44:19, Officer [1] - 18:30 100:11 80:17, 81:4, 82:5, 50:21, 51:3, 51:7, 44:24, 44:25, 44:27, officer [8] - 19:8, 22:14, original [1] - 43:21 102:24, 102:29 51:12, 51:22, 53:16, 44:30, 45:4, 45:19, 22:27, 25:22, 25:30, originally [1] - 103:8 named [9] - 13:18, 14:3, 53:24, 54:9 48:20, 48:21, 48:22, 58:21, 83:24, 91:17 otherwise [1] - 85:1 22:11, 22:14, 22:27, Park [11] - 4:6, 15:26, 49:2, 80:18 Officers [2] - 98:29, 99:16 ought [2] - 38:17, 41:14 24:9, 24:15, 44:1, 70:20 19:10, 73:1, 83:21, nothing [5] - 52:6, 71:18, officers [26] - 3:2, 3:16, ourselves [1] - 62:22 names [1] - 87:8 97:15, 99:26, 102:2, 83:10, 99:2, 103:10 6:20, 10:11, 10:18, outcome [2] - 55:15, naming [13] - 20:18, 102:20, 103:5, 103:9 November [1] - 48:11 11:4, 11:6, 29:3, 31:15, 97:17 26:26, 28:9, 29:5, 29:7, Parliament [12] - 2:6, Nuala [1] - 16:20 53:7, 53:13, 61:28, outline [2] - 9:4, 23:11 30:1, 48:27, 65:4, 5:11, 21:26, 28:28, nuisance [2] - 7:17, 56:17 71:13, 78:1, 78:4, 78:5, outrageous [1] - 63:17 65:17, 65:20, 65:24, 45:14, 57:10, 65:11, nuisance" [1] - 55:28 78:25, 87:6, 87:16, outside [6] - 60:11, 61:5, 68:18, 68:24 71:21, 76:15, 77:3, number [16] - 4:2, 4:18, 87:22, 92:14, 94:8, 76:17, 76:27, 77:9, 87:1 Narrow [10] - 12:25, 13:5, 88:25 5:3, 6:29, 22:10, 30:19, 94:14, 100:19, 100:28, overly [1] - 59:14 13:8, 13:13, 87:18, parliament [2] - 21:9, 32:26, 34:28, 49:24, 101:16 overriding [1] - 69:7 88:27, 88:30, 89:24, 22:25 54:25, 56:20, 57:28, OK [5] - 25:6, 25:10, overtaken [1] - 3:28 91:13, 91:15 parliamentarian [3] - 60:2, 61:12, 81:28, 30:13, 31:3, 33:6 nature [8] - 12:8, 17:19, overview [1] - 95:25 22:4, 71:5, 89:12 82:18 Oliver [10] - 51:4, 51:5, overwhelming [2] - 10:8, 17:27, 43:2, 52:18, parliamentarians [3] - Number [2] - 54:28, 56:3 51:8, 51:9, 51:10, 63:3, 65:9, 83:19 23:9 21:14, 21:20, 37:3 51:26, 51:28, 52:13, Owen [65] - 2:22, 10:21, near [3] - 10:12, 11:29, parliamentary [6] - 63:18, 79:10, 94:16 101:12 O 14:11, 14:29, 20:6, 70:20, 70:24, 71:23, Oliver's [1] - 51:10 necessarily [2] - 13:24, 20:7, 20:16, 24:9, O'CALLAGHAN [6] - 76:14, 81:11 52:10 Omagh [5] - 16:10, 16:16, 24:11, 25:7, 26:26,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 10 part [10] - 11:17, 12:29, 82:15, 84:4 97:23 proceeded [1] - 65:15 26:22, 26:27, 26:29, 19:25, 40:19, 47:14, personally [3] - 37:10, possession [3] - 11:22, proceedings [6] - 16:7, 27:1, 27:3, 27:5, 27:6, 48:15, 50:24, 54:5, 55:9, 57:14 65:21, 90:9 22:25, 29:22, 31:9, 27:11, 27:23, 27:25, 61:10, 79:1 perspective [1] - 102:30 possibility [1] - 11:24 95:18, 95:25 27:26, 27:27, 28:4, partiality [1] - 54:3 persuading [1] - 102:10 possible [4] - 60:23, Process [2] - 3:30, 68:2 28:12, 28:18, 28:20, participation [1] - 102:1 Peter [1] - 5:17 82:30, 83:6, 101:19 produce [1] - 44:19 28:23, 33:6, 33:8, particular [18] - 2:19, 3:4, phone [2] - 36:8, 49:17 possibly [1] - 2:10 produced [3] - 96:23, 33:11, 38:5, 38:23, 3:7, 4:13, 6:16, 8:9, phones [1] - 82:22 post [1] - 70:11 98:2, 102:13 39:1, 39:21, 40:22, 10:19, 14:3, 17:22, photographs [1] - 75:10 posters [4] - 74:21, professional [4] - 55:12, 40:24, 41:30, 42:11, 18:5, 31:21, 35:14, physically [1] - 74:7 74:26, 74:27, 75:6 56:8, 56:10, 72:28 42:23, 42:24, 42:30, 47:12, 96:15, 97:27, piece [4] - 7:24, 31:13, posting [1] - 98:12 professionally [2] - 57:4, 46:19, 50:24, 55:24, 100:11, 101:4, 101:19 51:29, 101:19 potential [4] - 3:19, 12:9, 57:6 63:1, 63:5, 63:6, 63:21, particularly [1] - 57:29 pieces [2] - 32:8, 73:8 40:29, 74:17 profile [3] - 95:3, 95:14, 63:24, 64:8, 65:10, 65:14, 65:17, 65:22, parties [3] - 71:20, 91:11, pints [1] - 75:22 potentially [6] - 8:19, 95:21 66:11, 66:29, 67:3, 103:6 PIRA [9] - 5:5, 45:28, 12:13, 37:2, 42:28, proof [1] - 77:9 67:15, 68:8, 68:22, partly [2] - 38:20, 97:4 45:30, 93:4, 99:14, 69:6, 75:26 properly [3] - 38:15, 71:8, 79:14, 79:15, parts [1] - 23:6 100:5, 100:11, 101:17 power [1] - 21:25 76:22, 97:6 81:9, 89:15, 97:2, 97:7, party [3] - 30:25, 37:4, place [23] - 10:17, 11:9, powerful [3] - 31:20, proposition [1] - 31:30 101:25, 102:22, 102:30, 43:21 18:25, 46:22, 50:28, 31:26, 32:4 prosecute [1] - 43:12 103:4 pass [3] - 7:28, 7:29, 51:4, 51:7, 51:9, 51:12, precipitate [1] - 4:27 prosecution [2] - 27:22, publically [1] - 5:13 57:12 51:17, 53:29, 58:5, precisely [2] - 86:19, 42:29 publication [10] - 4:14, passed [12] - 3:20, 10:22, 58:27, 60:12, 61:7, 92:28 prosecutions [2] - 42:5, 4:20, 4:21, 4:28, 5:1, 26:2, 32:28, 35:12, 63:21, 76:15, 76:22, predicated [1] - 102:17 55:26 5:26, 15:28, 19:7, 23:2, 37:18, 44:8, 47:22, 77:4, 77:7, 79:16, prefaced [1] - 78:3 prosecutor [2] - 26:19, 90:23 53:6, 54:11, 100:17, 98:26, 99:14 prefer [1] - 17:8 26:27 publicise [1] - 18:24 100:27 placed [4] - 58:29, 61:17, preferred [1] - 95:11 protect [1] - 60:23 published [13] - 5:10, passing [5] - 6:18, 44:6, 63:1, 63:6 prejudice [1] - 40:18 protection [1] - 77:8 10:5, 18:22, 23:9, 46:23, 60:29, 98:21 places [1] - 77:5 preparatory [1] - 58:7 prove [2] - 41:17, 41:19 30:14, 35:29, 76:3, passport [1] - 95:4 planning [1] - 57:30 prepare [1] - 58:3 proved [1] - 10:29 81:17, 81:18, 84:13, passports [2] - 11:22, plausible [1] - 70:3 prepared [1] - 79:11 provenance [1] - 21:13 86:21, 92:20 95:7 played [1] - 85:7 present [2] - 44:16, 45:18 proves [1] - 40:26 publishers [1] - 74:27 past [4] - 22:11, 33:20, plays [1] - 93:1 presented [6] - 27:24, provide [3] - 5:9, 49:5, purports [1] - 86:22 37:16, 104:7 point [15] - 12:10, 27:14, 59:17, 60:7, 66:10, 50:6 purpose [13] - 20:27, Patrick [9] - 16:11, 17:2, 29:24, 38:2, 41:9, 96:6, 101:7 provided [14] - 4:17, 27:2, 32:24, 39:19, 46:6, 46:20, 49:9, 42:14, 45:2, 51:30, presently [1] - 39:8 36:24, 46:4, 46:10, 41:17, 42:13, 48:9, 50:16, 69:21, 98:17, 52:1, 53:23, 54:3, 79:3, preserved [1] - 88:13 47:10, 48:27, 62:18, 60:1, 63:25, 68:17, 98:26 79:5, 88:30, 103:5 press [3] - 3:14, 15:18, 62:20, 69:8, 73:30, 70:26, 79:15, 79:28 Peace [2] - 3:30, 68:2 points [2] - 40:29, 88:5 15:23 77:23, 83:10, 90:17, pursue [5] - 15:21, 40:30, pending [1] - 11:20 police [35] - 3:2, 6:20, pressed [1] - 8:18 101:16 42:5, 79:17, 103:7 pension [2] - 18:14, 7:29, 10:13, 10:25, presumably [3] - 49:30, provides [1] - 62:16 pursued [6] - 15:20, 83:29 11:4, 12:1, 12:16, 75:17, 76:1 providing [3] - 42:20, 17:22, 38:6, 41:13, people [12] - 2:21, 18:5, 20:23, 20:24, 21:29, presume [5] - 10:5, 13:1, 52:14, 60:18 97:14, 103:4 27:13, 27:17, 44:24, 22:14, 22:27, 24:15, 34:11, 96:17, 100:8 provisional [1] - 87:6 pursuing [4] - 8:27, 58:30, 59:29, 60:3, 25:15, 29:3, 35:11, presumes [1] - 10:28 Provisional [31] - 4:19, 67:1, 81:12, 82:18, 12:11, 12:28, 36:2 37:1, 53:7, 58:4, 58:6, pretences [1] - 95:27 5:22, 5:23, 6:13, 32:16, 102:17 pursuit [2] - 42:23, 65:22 58:21, 61:28, 65:21, pretend [1] - 18:10 42:10, 44:6, 46:8, percent [1] - 41:5 78:24, 78:25, 81:7, pushing [1] - 15:25 pretty [1] - 42:1 46:24, 53:3, 53:4, 53:6, perfectly [2] - 52:24, 81:16, 82:8, 87:5, put [28] - 7:4, 16:15, prevent [2] - 10:26, 87:6 55:10, 55:17, 58:28, 65:16 90:25, 91:16, 91:28, 16:17, 24:24, 27:5, previous [2] - 43:29, 57:8 59:26, 60:18, 73:28, 35:3, 35:28, 40:7, 42:7, perhaps [7] - 3:24, 9:25, 92:13, 96:28 74:1, 74:21, 74:28, previously [4] - 18:15, 42:23, 58:5, 63:9, 10:2, 41:19, 82:18, Police [1] - 86:17 75:14, 75:22, 75:28, 22:29, 30:12, 47:4 63:10, 63:11, 64:26, 82:22, 86:28 policemen [1] - 49:9 78:29, 92:19, 93:4, primarily [1] - 25:23 66:22, 71:7, 74:21, Period [1] - 93:5 Policing [1] - 57:9 98:14, 98:22, 98:28, private [1] - 18:26 74:26, 74:29, 75:1, period [10] - 3:30, 9:24, policing [1] - 57:11 99:15 privilege [11] - 21:10, 75:2, 75:4, 75:6, 79:14, 18:7, 18:12, 22:26, political [9] - 3:16, 19:20, proximate [1] - 101:4 21:14, 35:19, 36:2, 82:20, 92:26, 98:4 28:2, 52:14, 91:26, 23:22, 38:6, 63:2, prudent [1] - 104:6 63:18, 70:20, 70:24, putting [4] - 24:11, 66:27, 96:27 63:26, 64:2, 82:15, pub [3] - 47:9, 47:25, 71:23, 76:14, 77:8, 83:12 persevered [1] - 58:24 103:6 81:11 47:27 persist [1] - 3:23 politician [1] - 27:19 pubically [3] - 7:27, privileged [2] - 81:10, Q person [20] - 2:21, 5:12, politicians [1] - 78:15 81:11 12:20, 16:2 6:24, 7:26, 8:9, 8:14, politics [2] - 2:11, 68:1 privileges [1] - 21:9 public [90] - 3:27, 4:1, queried [1] - 16:25 9:14, 14:3, 24:15, pose [2] - 11:25, 69:5 privy [1] - 81:16 5:15, 6:22, 8:5, 8:23, queries [1] - 11:17 25:18, 26:18, 29:15, posing [1] - 60:25 10:9, 10:20, 15:19, probative [5] - 31:26, question-mark [1] - 30:6, 30:9, 37:15, position [15] - 6:22, 7:3, 32:5, 38:8, 38:13, 51:21 16:4, 16:8, 17:13, 60:23 56:11, 59:7, 77:19, 8:12, 17:12, 17:15, 20:11, 20:13, 21:7, probe [1] - 26:21 questioned [5] - 15:5, 91:24, 96:8 50:13, 58:29, 61:17, 21:8, 21:23, 23:10, probed [2] - 26:16, 54:11 16:22, 17:5, 17:13, personal [6] - 13:8, 69:8, 71:17, 77:27, 24:12, 24:19, 25:14, probing [1] - 8:25 102:1 13:13, 13:22, 18:16, 78:20, 81:10, 89:11, 25:17, 26:19, 26:20, questions [11] - 11:2,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 11

20:6, 28:28, 28:29, 69:29, 70:9, 71:29, reliance [1] - 39:9 responsibility [4] - 15:21, saved [1] - 74:3 29:13, 41:6, 80:8, 82:7, 85:13, 100:4, relied [8] - 38:16, 38:18, 20:13, 21:26, 40:8 saw [2] - 35:28, 86:21 80:10, 80:12, 80:26, 100:16, 100:25, 101:14, 38:19, 55:29, 56:18, responsible [1] - 71:4 Scappaticci [3] - 47:7, 91:2 101:17 58:14, 99:27, 99:28 rest [1] - 104:16 80:17, 80:21 Quinn [1] - 69:21 receiving [1] - 36:21 reluctant [1] - 57:12 result [6] - 18:6, 30:24, scene [2] - 88:4, 88:13 quite [4] - 9:27, 58:6, recent [3] - 13:30, 100:1, rely [3] - 39:14, 39:15, 67:17, 67:19, 97:14, sceptical [1] - 85:21 74:11, 88:21 100:15 100:23 100:22 Scientist [1] - 88:2 quotation [1] - 87:3 recently [2] - 16:14, 30:17 relying [1] - 100:6 resulted [1] - 55:25 Scotland [1] - 58:5 quote [4] - 39:13, 85:2, recipients [2] - 95:7, 95:9 remain [2] - 52:25, 54:12 resume [1] - 33:21 screen [2] - 92:28, 98:5 86:23, 87:10 recognised [1] - 44:29 remained [1] - 16:3 RESUMED [1] - 1:1 SDU [1] - 95:30 quoted [3] - 32:21, 39:12, recollect [1] - 43:27 remarkable [1] - 48:13 retain [1] - 45:3 second [19] - 15:1, 41:28, 40:4 recollection [2] - 5:26, remember [1] - 26:11 retired [11] - 10:21, 14:10, 45:10, 45:18, 46:3, 69:23 remind [1] - 18:30 20:5, 20:16, 28:30, 46:13, 47:2, 47:3, R record [4] - 26:23, 49:2, remit [1] - 11:18 32:1, 41:23, 52:5, 47:15, 47:30, 48:25, 95:17, 95:25 remotely [1] - 36:17 52:17, 58:21, 73:16 48:28, 49:6, 50:3, 85:2, raise [7] - 11:12, 11:17, records [3] - 44:26, 72:6, repeat [2] - 76:18, 76:28 retirement [1] - 95:21 86:3, 94:22, 100:24 76:16, 83:29, 84:5, 72:11 repeated [3] - 35:30, return [1] - 10:19 secondly [5] - 23:30, 84:21, 87:17 recruited [3] - 6:4, 6:8, 64:19, 79:27 returned [2] - 10:12, 32:19, 36:11, 71:8, raised [17] - 4:23, 4:25, 98:12 repeating [1] - 76:4 51:24 103:30 11:23, 13:11, 14:15, refer [8] - 11:8, 11:20, replied [2] - 14:16, 32:17 reveal [4] - 29:19, 34:25, secured [1] - 103:5 14:17, 14:28, 18:13, 11:22, 13:13, 23:6, reply [1] - 72:2 34:26, 36:27 securing [2] - 79:15, 23:18, 38:2, 39:26, 47:14, 50:14, 70:18 report [26] - 9:28, 17:1, revealed [1] - 46:7 79:28 39:30, 45:27, 84:12, reference [1] - 2:14 32:12, 45:6, 70:18, revert [1] - 35:22 security [43] - 5:21, 7:5, 84:26, 85:10, 86:12 references [1] - 93:30 80:1, 86:21, 88:17, reverting [2] - 60:10, 61:4 7:10, 7:21, 7:23, 8:1, raising [3] - 21:4, 30:26, referred [19] - 16:9, 88:19, 92:20, 96:5, review [2] - 15:29, 90:24 8:9, 8:11, 8:20, 8:26, 84:27 16:10, 17:9, 24:14, 96:7, 96:23, 96:25, rhetorical [1] - 60:25 9:2, 9:3, 9:11, 9:15, range [3] - 38:18, 60:3, 29:21, 31:5, 31:27, 98:2, 100:1, 100:4, rights [1] - 66:7 23:24, 23:30, 24:6, 97:6 36:4, 41:28, 53:14, 100:19, 100:20, 100:25, Rights [2] - 21:16, 63:18 24:22, 24:26, 25:22, Rangers [1] - 6:6 61:14, 71:12, 80:18, 100:29, 101:4, 101:13, roads [1] - 100:10 25:30, 26:3, 26:7, rapidly [1] - 3:28 81:29, 94:5, 98:3, 101:27, 101:29, 102:13 role [10] - 8:17, 18:5, 26:10, 37:1, 37:7, rated [1] - 41:5 99:23, 99:28, 99:30 Report [5] - 29:17, 92:28, 25:17, 26:20, 42:19, 37:10, 45:8, 54:19, re [2] - 27:15, 91:3 referring [3] - 9:29, 10:6, 101:26, 102:3, 102:21 42:30, 43:8, 59:1, 85:8 57:11, 58:24, 61:17, RE [1] - 91:8 43:8 reported [2] - 26:12, Ronnie [3] - 16:30, 59:4, 69:9, 81:7, 81:16, 82:8, re-elected [1] - 27:15 reflect [1] - 67:12 92:21 59:7 86:8, 89:26, 90:12, re-examination [1] - 91:3 reflecting [1] - 13:2 reports [8] - 99:28, 100:1, Royal [8] - 6:6, 32:14, 90:22, 91:24, 92:7 RE-EXAMINED [1] - 91:8 refocused [1] - 4:24 100:3, 100:15, 101:6, 32:16, 45:6, 54:17, see [19] - 6:2, 8:4, 19:11, reached [4] - 21:1, 28:4, regard [9] - 12:18, 31:6, 101:12, 101:23, 102:18 54:24, 73:26, 77:16 20:30, 36:2, 41:16, 41:15, 97:5 55:8, 55:13, 55:19, represent [2] - 27:13, RUC [47] - 3:5, 10:11, 51:2, 54:27, 60:12, reaches [1] - 79:20 56:7, 57:3, 59:7, 94:20 27:17 10:27, 12:11, 12:13, 61:7, 73:22, 84:18, reaching [1] - 29:26 Regiment [1] - 11:29 representations [1] - 12:27, 14:22, 15:30, 86:27, 93:2, 94:28, reaction [1] - 93:19 regret [1] - 28:13 14:8 31:15, 40:20, 54:20, 96:7, 98:6, 103:1, 103:2 read [18] - 29:17, 30:13, regular [1] - 61:21 representative [14] - 59:20, 59:25, 59:30, seeing [1] - 50:30 30:17, 32:27, 34:8, regularly [1] - 61:29 6:22, 16:4, 20:11, 60:29, 61:2, 61:10, seek [4] - 25:9, 25:11, 34:11, 34:16, 37:30, reignited [2] - 4:25, 23:2 25:17, 26:19, 26:29, 61:12, 61:15, 61:21, 38:28, 43:9 49:30, 61:1, 72:16, reiterated [1] - 35:3 27:11, 39:1, 39:22, 61:30, 62:6, 62:15, seeking [1] - 40:20 84:14, 84:16, 86:28, relate [1] - 23:13 42:30, 63:21, 66:30, 62:26, 71:13, 77:12, seem [4] - 17:6, 33:2, 86:29, 87:15, 99:5, related [1] - 39:7 81:9, 102:30 77:27, 78:1, 78:4, 33:3, 60:22 101:29 relates [2] - 23:17, 52:28 representatives [1] - 82:30, 83:3, 83:12, senior [36] - 3:2, 3:16, reading [3] - 38:25, relating [7] - 4:18, 5:6, 17:24 83:15, 83:18, 83:23, 6:19, 7:5, 7:21, 7:22, 72:15, 84:7 11:27, 18:16, 83:3, representing [1] - 30:9 83:24, 88:17, 89:18, 7:29, 8:11, 10:11, real [1] - 5:13 83:17, 85:22 represents [1] - 36:18 89:21, 89:22, 90:6, 10:18, 11:4, 18:23, realisation [1] - 28:14 relation [26] - 2:19, 13:11, Republic [1] - 101:15 90:19, 94:8, 94:14, 18:24, 22:10, 23:23, reality [2] - 42:16, 42:18 18:14, 25:14, 48:20, requires [1] - 104:1 100:28, 101:16 23:30, 24:5, 24:22, really [2] - 13:16, 102:8 49:3, 49:22, 54:7, researched [3] - 22:18, rumour [1] - 27:30 24:26, 25:30, 26:7, reason [13] - 7:6, 15:19, 55:25, 62:20, 62:27, 22:21, 22:23 rumours [6] - 3:22, 12:4, 26:10, 29:3, 45:7, 15:24, 34:17, 35:10, 54:19, 58:20, 73:26, 82:2, 83:4, 83:9, 83:21, resides [1] - 16:23 71:18, 83:2, 83:9, 83:12 35:28, 40:30, 45:3, 77:16, 86:8, 89:26, 83:28, 88:24, 89:10, resile [3] - 27:28, 42:25, running [2] - 9:10, 14:7 50:24, 57:15, 76:21, 90:16, 90:21, 91:13, 68:12 Ryder [1] - 77:20 91:16, 91:24, 91:30, 77:6, 77:24 98:16, 99:14 91:16, 96:17, 96:18, resisted [1] - 37:7 reasonable [2] - 63:4, sense [1] - 41:8 97:19 resources [1] - 58:6 S 71:4 sensed [1] - 18:11 relayed [1] - 58:11 respect [14] - 24:23, reasons [5] - 10:9, 15:18, sadly [1] - 3:30 relevant [4] - 6:23, 28:10, 29:16, 31:22, 32:22, sensitive [1] - 10:26 18:1, 31:21, 82:15 sake [1] - 13:28 95:14, 95:22 35:19, 36:22, 40:18, sent [7] - 31:1, 69:15, reassess [1] - 36:13 samples [1] - 88:13 Relevant [1] - 93:7 44:24, 53:9, 54:15, 69:25, 70:6, 70:8, receive [1] - 83:8 satisfactorily [1] - 102:4 reliability [9] - 25:24, 56:26, 67:26, 94:5, 70:10, 72:18 received [17] - 8:14, 25:25, 26:18, 52:8, 95:18 satisfactory [1] - 102:5 sentence [1] - 61:1 34:27, 45:5, 49:10, satisfied [4] - 38:2, 59:15, [1] 54:5, 54:18, 56:18, response [3] - 8:13, September - 98:8 50:17, 69:16, 69:23, 58:13, 92:8 16:30, 92:12 97:2, 97:4 Sergeant [24] - 10:21,

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 12

10:24, 11:21, 11:26, 78:9, 81:5, 81:24, 82:9, speech [31] - 2:27, 9:21, 100:18, 100:29 suit [1] - 104:9 14:10, 14:29, 20:5, 88:23 9:22, 9:25, 9:26, 9:29, station [3] - 24:15, 35:11, suited [1] - 64:2 20:15, 28:30, 41:23, SIR [1] - 2:1 11:23, 13:1, 15:1, 36:9 summarise [1] - 81:21 42:20, 46:20, 47:21, sit [2] - 104:6, 104:12 17:17, 19:21, 23:5, stationed [1] - 98:21 Summary [1] - 93:12 47:24, 52:16, 64:17, sits [1] - 48:6 23:7, 23:17, 23:19, statutory [1] - 76:14 summary [3] - 94:3, 96:3, 95:3, 95:15, 95:19, sitting [2] - 27:20, 41:13 27:8, 28:28, 30:21, step [1] - 24:16 99:9 95:22, 95:26, 96:1, situation [1] - 8:6 31:27, 45:27, 89:5, steps [5] - 6:27, 7:2, Sunday [1] - 76:8 98:27 six [3] - 44:26, 51:20, 90:5, 90:14, 90:20, 39:29, 63:4, 65:29 Superintendent [34] - sergeant [1] - 61:24 72:11 90:22, 90:23, 91:20, still [4] - 4:4, 7:26, 67:15, 10:10, 10:14, 10:15, series [2] - 58:1, 102:16 slightest [2] - 53:27, 91:21, 91:22, 92:22, 103:23 10:23, 11:1, 22:30, serious [7] - 8:30, 16:25, 70:28 103:8 stood [2] - 78:28, 97:22 23:1, 24:28, 31:22, 20:27, 22:28, 31:13, small [1] - 104:1 spoken [1] - 91:22 stopped [1] - 52:3 31:23, 34:29, 34:30, 55:16, 71:16 social [1] - 75:14 Staff [1] - 18:30 store [1] - 44:24 46:11, 46:12, 47:18, served [4] - 55:3, 57:19, solely [2] - 28:21, 39:24 stage [25] - 2:18, 8:25, stored [1] - 44:25 47:19, 63:15, 64:16, 66:18 solicitor [3] - 69:14, 70:6, 13:18, 13:25, 15:5, stories [1] - 7:15 64:20, 66:17, 70:22, service [2] - 95:17, 95:25 72:20 16:22, 16:24, 18:1, story [2] - 6:4, 92:9 79:22, 79:23, 90:26, Service [2] - 57:30, 58:8 solicitors [1] - 70:7 18:11, 20:18, 28:4, straight [1] - 38:24 94:14, 94:15, 98:25 services [5] - 8:9, 37:1, someone [14] - 3:19, 5:8, 45:2, 51:12, 65:4, 66:2, strengthen [1] - 21:7 supplementary [3] - 14:1, 81:16, 82:8, 91:29 5:20, 6:11, 16:1, 17:12, 69:8, 84:6, 88:18, strengthened [1] - 28:11 14:15, 91:25 88:20, 91:21, 96:12, serving [2] - 58:21, 73:14 18:4, 40:9, 46:10, strong [4] - 5:22, 6:10, supplied [1] - 100:7 set [3] - 3:12, 43:23, 52:20, 55:30, 57:13, 96:26, 97:5, 97:24, 65:9, 65:16 supply [1] - 73:18 97:26 102:16 71:16, 86:5 strongly [1] - 65:1 support [5] - 27:27, 28:5, stand [7] - 65:11, 66:1, setting [2] - 47:23, 49:5 sometime [1] - 5:30 subject [5] - 71:17, 83:16, 31:30, 32:30, 80:1 68:10, 68:27, 78:16, seventies [1] - 78:10 sometimes [2] - 16:23, 86:16, 93:14 supporting [2] - 27:2, 92:11, 101:10 several [5] - 4:8, 9:23, 16:24 subjected [2] - 41:30, 37:14 standing [2] - 2:26, 11:5, 84:17, 86:16 somewhere [1] - 101:15 78:25 suppose [4] - 4:24, 13:8, 100:23 severely [1] - 75:27 sorry [8] - 6:1, 29:13, submitted [1] - 40:24 31:3, 73:11 start [1] - 47:2 shape [1] - 71:11 36:7, 49:1, 51:11, subsequent [7] - 4:28, supposition [1] - 102:8 share [1] - 90:12 83:14, 96:24 started [1] - 102:18 16:9, 17:11, 44:11, surely [3] - 44:27, 44:29, shared [3] - 9:3, 12:13, sort [2] - 2:26, 93:29 State [2] - 73:19, 87:4 45:28, 46:18, 86:14 71:3 state [6] - 23:7, 47:3, 64:4 sought [10] - 7:7, 12:19, subsequently [14] - 4:22, surfaced [1] - 13:25 shooting [3] - 87:25, 25:12, 32:13, 38:29, 58:9, 62:14, 74:26, 77:3 9:20, 15:5, 16:20, surprise [6] - 15:17, 100:26, 100:28 42:7, 43:20, 51:16, statement [81] - 13:27, 19:15, 19:18, 25:26, 16:27, 60:12, 61:6, shortly [1] - 12:3 63:2, 72:26 18:28, 19:2, 19:9, 31:8, 34:18, 49:25, 92:22, 101:2 shot [1] - 87:23 sound [1] - 56:11 19:22, 19:23, 21:28, 58:8, 58:18, 69:2, 92:20 surprised [3] - 15:22, 29:21, 29:23, 36:24, show [1] - 92:28 source [12] - 11:14, substance [1] - 36:19 22:28, 92:15 41:3, 42:13, 46:25, sick [3] - 52:4, 53:28, 23:30, 29:5, 29:6, substantial [2] - 76:6, surprising [1] - 40:15 46:27, 47:14, 48:8, 54:15 29:30, 30:3, 49:10, 96:10 surrounding [4] - 13:17, 48:9, 48:11, 48:14, side [4] - 12:10, 87:23, 50:17, 50:18, 55:29, substantiate [1] - 87:14 17:26, 25:28, 28:1 48:17, 48:18, 49:1, 88:5, 100:14 59:11, 86:8 substantive [1] - 40:28 surveillance [1] - 82:20 49:2, 49:4, 49:5, 49:12, sides [1] - 90:25 sources [5] - 24:8, 24:14, subversives [3] - 70:29, suspect [1] - 17:2 49:13, 49:15, 49:27, signature [3] - 46:30, 34:26, 35:27, 93:19 74:29, 78:11 suspected [1] - 88:5 49:28, 50:7, 50:12, 49:27, 49:30 south [18] - 3:4, 3:6, 4:18, success [1] - 102:10 suspicion [1] - 4:3 50:19, 51:1, 51:2, signed [3] - 48:11, 48:23, 5:3, 5:4, 5:7, 5:23, sued [1] - 76:5 suspicions [1] - 3:25 51:20, 53:12, 53:14, 49:30 10:29, 11:5, 15:13, sufficient [3] - 33:21, SW1 [1] - 69:27 58:14, 60:9, 60:10, significance [1] - 6:21 16:23, 16:24, 45:27, 59:17, 65:19 swallowed [1] - 64:2 62:1, 62:3, 62:7, 62:10, significant [10] - 6:23, 45:30, 78:1, 92:17, sufficiently [1] - 65:9 SWORN [1] - 2:1 62:24, 64:7, 64:13, 31:17, 31:19, 32:8, 94:29 suggest [26] - 25:3, 25:4, sympathies [3] - 10:25, 64:28, 65:3, 65:5, 38:8, 38:13, 41:4, 41:8, South [1] - 94:22 25:5, 28:16, 31:20, 64:14, 64:17 65:15, 66:2, 66:18, 50:21, 74:11 southern [4] - 12:10, 32:11, 33:20, 39:10, systemic [1] - 12:21 67:17, 67:19, 67:22, signing [1] - 50:1 12:15, 87:23, 88:5 40:15, 40:17, 40:18, systems [1] - 55:5 69:13, 72:20, 72:29, similar [2] - 93:30 speaking [3] - 18:2, 42:12, 43:10, 50:25, 72:30, 73:10, 79:23, similarly [3] - 32:4, 33:7, 25:22, 25:26 51:17, 60:4, 62:3, 80:20, 82:30, 91:18, T 62:5 speaks [2] - 100:26, 63:13, 64:22, 66:26, 94:1, 98:4, 98:7, 99:23, simple [1] - 29:29 101:14 70:3, 77:6, 78:24, table [1] - 93:12 99:25, 99:27, 101:22, simply [9] - 26:17, 26:22, Special [3] - 40:4, 57:20, 88:22, 88:29, 100:5 talks [2] - 19:9, 101:13 101:23, 102:14, 102:15, 42:8, 55:21, 60:25, 98:19 suggested [5] - 7:13, Taoiseach [1] - 30:26 102:18 64:19, 64:26, 78:20, specific [11] - 5:29, 12:9, 37:16, 52:29 tap [1] - 37:5 statement.. [1] - 99:5 81:10 17:20, 35:7, 51:15, suggesting [14] - 20:22, targeted [1] - 82:18 statements [5] - 20:10, singled [1] - 13:19 54:8, 62:16, 62:18, 38:9, 38:13, 40:1, 61:9, task [2] - 8:27, 46:1 37:9, 40:22, 75:17, 79:2 Siochana [29] - 12:18, 73:15, 83:10, 83:17, 61:10, 61:11, 66:23, TD [2] - 93:24, 93:25 stating [7] - 32:21, 62:10, 14:21, 16:1, 32:2, 32:3, 85:8 70:1, 70:2, 75:2, 78:13, team [1] - 57:21 62:25, 63:13, 74:22, 32:13, 32:19, 35:5, specifically [5] - 16:11, 81:22, 82:30 technical [6] - 10:28, 74:29, 75:10 35:8, 40:19, 51:29, 23:15, 29:20, 67:10, suggestion [3] - 3:23, 31:23, 32:15, 36:8, Station [12] - 10:30, 52:4, 52:5, 52:7, 52:15, 96:30 53:27, 60:4 37:13, 37:16 31:25, 32:16, 37:15, 62:5, 70:30, 73:13, specifics [1] - 8:17 suggestions [1] - 77:10 technology [1] - 36:16 46:10, 47:22, 49:11, 73:17, 74:7, 74:16, speculation [2] - 3:15, suggests [4] - 31:28, Telegraph [2] - 4:16, 50:18, 98:30, 99:17, 75:25, 75:28, 77:29, 3:18 51:21, 72:4, 100:10 70:19

Doyle Court Reporters Ltd. Smithwick Tribunal - 9 December 2011 - Day 64 13 telephone [3] - 31:24, 51:9, 51:26, 51:28, 11:4, 13:7, 14:27, 37:24, 42:26, 54:18, William [3] - 5:2, 5:5, 50:15, 100:17 52:13, 79:10, 94:16 14:30, 17:21, 17:25, 62:29, 71:7 45:16 telephoned [2] - 98:28, took [22] - 6:25, 10:17, 18:20, 29:3, 31:15, verbally [1] - 84:5 willing [3] - 7:24, 7:25, 99:15 11:9, 18:25, 24:16, 31:21, 33:20, 36:3, verification [1] - 24:23 8:2 ten [3] - 33:20, 97:28, 39:29, 45:19, 46:22, 37:22, 37:27, 38:7, verify [3] - 7:2, 56:22, willingness [1] - 16:2 104:7 50:28, 51:3, 51:7, 51:9, 45:11, 45:28, 46:8, 62:29 wire [1] - 37:5 tenor [1] - 84:25 51:12, 51:17, 53:29, 49:9, 51:25, 52:5, vernacular [1] - 9:8 wire-tap [1] - 37:5 term [1] - 7:20 58:28, 58:30, 65:29, 52:30, 53:7, 53:13, victims [4] - 5:7, 17:24, withdraw [1] - 79:11 terms [12] - 2:14, 6:14, 66:30, 98:26, 99:13 57:7, 71:13, 72:4, 18:6, 18:21 withdrawing [1] - 79:24 8:28, 25:6, 26:14, torture [1] - 87:8 74:12, 76:11, 80:19, victims' [2] - 5:2, 17:29 WITHDREW [1] - 103:26 30:29, 31:12, 38:8, totally [1] - 18:15 80:20, 87:5, 87:15, view [8] - 25:26, 41:2, Witness [5] - 54:28, 56:3, 68:29, 72:5, 74:11, touch [1] - 89:20 88:5, 88:6, 100:16, 51:30, 53:23, 54:3, 56:29, 57:19, 73:22 97:10 towers [1] - 36:6 100:28, 101:6 67:26, 79:3, 79:5 WITNESS [5] - 20:2, terrorist [2] - 45:23, 59:21 tracks [1] - 75:26 type [3] - 36:17, 59:5, viewed [1] - 88:9 80:14, 81:1, 91:8, Terrorist [1] - 93:4 train [1] - 102:16 71:1 vile [1] - 71:17 103:26 terrorists [1] - 94:3 training [1] - 6:7 village [1] - 2:29 witness [6] - 1:4, 56:18, THE [10] - 1:1, 20:2, transfer [1] - 95:30 U violence [2] - 69:11, 58:14, 69:19, 91:2, 33:23, 34:1, 80:14, transferred [1] - 62:24 78:29 103:28 Ulster [7] - 32:14, 32:16, 81:1, 91:8, 103:26, transpired [1] - 5:12 visit [1] - 100:29 woman [1] - 100:18 45:6, 54:17, 54:24, 104:20 traumatised [1] - 67:20 voluntarily [1] - 35:27 wondering [1] - 86:24 73:26, 77:16 themselves [4] - 12:27, travel [2] - 58:1, 104:10 word [2] - 46:9, 99:21 unconnected [1] - 18:15 77:28, 88:12, 103:23 travelling [1] - 58:4 words [4] - 9:7, 25:1, under [5] - 70:23, 78:4, W THEN [2] - 33:23, 103:26 Treason [1] - 74:22 42:6, 64:29 82:20, 87:8, 103:18 Walter [4] - 7:19, 55:30, then-Garda [1] - 47:21 treat [2] - 75:24, 75:30 world [1] - 78:25 undertaken [3] - 15:30, 59:5, 59:11 thereafter [2] - 8:24, treated [1] - 76:2 write [2] - 7:24, 70:25 90:24, 96:30 wanted" [1] - 74:30 52:19 trial [1] - 43:4 writing [1] - 85:12 unfair [1] - 33:3 wants [1] - 63:10 thereby [1] - 42:15 tribunal [1] - 39:21 written [4] - 9:17, 50:7, unfortunately [2] - 67:9, therefore [7] - 13:16, war [1] - 85:8 TRIBUNAL [4] - 1:1, 77:13 84:18, 85:10 warrant [1] - 59:18 23:26, 41:10, 52:15, 33:23, 34:1, 104:20 wrote [3] - 30:25, 84:1, unfounded [2] - 12:5, warranted [3] - 16:8, 71:4, 102:29, 103:3 [43] 84:3 Tribunal - 2:15, 2:18, 71:17 thinking [1] - 2:25 2:20, 4:8, 7:22, 8:1, 8:3, 65:9, 65:21 ungraded [1] - 100:19 third [7] - 23:7, 47:2, 17:18, 26:21, 28:15, Warrenpoint [4] - 11:29, unit [3] - 46:8, 58:4, 87:7 Y 47:16, 48:6, 71:19, 31:10, 32:11, 32:12, 12:6, 13:7, 87:18 Unit [2] - 57:30, 58:8 88:9, 101:13 32:29, 37:9, 37:28, WAS [5] - 2:1, 20:2, yards [1] - 4:22 units [1] - 46:2 thirdly [1] - 24:3 38:15, 39:19, 41:13, 80:14, 81:1, 91:8 year [9] - 14:28, 19:28, unlawful [1] - 86:6 threat [4] - 69:5, 69:11, 43:5, 43:8, 43:9, 44:29, watch [1] - 36:6 45:2, 53:29, 86:22, unmarked [1] - 11:14 74:17, 78:5 45:1, 46:27, 46:28, watchtowers [1] - 10:29 91:25, 92:16, 96:11, unnamed [1] - 24:14 threatened [2] - 73:27, 49:14, 50:10, 50:12, Water [10] - 12:26, 13:5, 96:12 unreliability [1] - 57:27 74:4 57:16, 59:19, 65:28, 13:9, 13:14, 87:19, year-and-a-half [1] - UNTIL [1] - 104:20 three [9] - 23:26, 24:8, 73:29, 76:22, 76:23, 88:27, 89:1, 89:24, 53:29 unusual [2] - 61:27, 27:15, 45:11, 57:15, 91:19, 99:23, 100:8, 91:13, 91:15 years [22] - 3:23, 4:11, 70:10 99:28, 100:1, 100:15, 101:3, 101:8, 101:12, weapons [1] - 58:3 5:6, 9:24, 44:26, 52:6, up [32] - 2:24, 2:27, 3:12, 101:23 101:18, 103:20 Wednesday [2] - 104:3, 52:22, 67:15, 72:1, 7:15, 39:19, 43:23, threw [1] - 75:22 Tribunals [1] - 4:9 104:7 72:8, 72:11, 73:13, 45:2, 47:23, 50:1, tie [1] - 51:19 Trimble [3] - 30:25, week [1] - 62:14 73:15, 78:30, 82:27, 55:10, 55:25, 58:9, time-line [1] - 50:27 30:30, 37:4 weeks [5] - 45:11, 51:4, 84:17, 86:17, 97:27, 62:2, 68:6, 68:16, 97:28, 100:16, 100:25, timing [1] - 10:19 Troubles [3] - 3:4, 10:12, 51:8, 79:9, 100:4 69:17, 74:21, 74:26, 101:5 tip [8] - 9:7, 44:9, 46:9, 12:29 weigh [1] - 39:19 74:29, 75:1, 75:3, 75:4, yes.. [1] - 60:15 46:15, 48:3, 48:16, true [5] - 54:13, 72:16, weighing [1] - 68:6 75:6, 75:22, 75:27, 99:19 91:23, 92:7, 102:14 welfare [1] - 5:6 yesterday [1] - 77:20 77:10, 78:16, 78:28, young [2] - 2:10, 87:22 tip-off [8] - 9:7, 44:9, truth [8] - 20:28, 26:24, well-acquainted [1] - 91:14, 92:26, 96:27, 46:9, 46:15, 48:3, 29:2, 33:5, 42:1, 42:6, 77:19 yourself [3] - 44:14, 98:5 48:16, 99:19 66:8, 68:1 well-informed [1] - 31:12 86:10, 89:18 upset [1] - 67:13 tipped [2] - 32:4, 42:15 try [8] - 25:23, 28:17, well.. [1] - 70:5 urgent [1] - 71:8 tipping [1] - 29:24 38:26, 39:29, 58:7, Westminster [1] - 44:26 useful [1] - 77:23 title [2] - 93:1, 93:10 60:23, 63:4, 76:25 Weston [11] - 4:6, 15:26, Toby [18] - 4:16, 10:6, trying [5] - 25:24, 29:1, 19:9, 73:1, 83:21, 23:20, 31:4, 31:6, 29:14, 63:25, 78:8 V 97:15, 99:26, 102:2, 102:20, 103:5, 103:9 31:11, 32:23, 32:30, Tuesday [1] - 104:18 Valley [1] - 2:7 whatsoever [2] - 43:29, 34:7, 37:22, 38:19, TUESDAY [1] - 104:20 value [3] - 36:2, 38:8, 39:3, 39:7, 39:25, 79:7, turn [1] - 100:3 38:14 59:3 whereas [1] - 78:5 81:26, 94:19, 94:23 turned [1] - 20:24 valued [2] - 75:24, 75:30 whereby [1] - 44:23 today [12] - 15:10, 41:13, turning [1] - 89:2 variety [1] - 28:24 whilst [1] - 51:25 48:10, 50:6, 50:11, twelve [1] - 72:1 various [3] - 91:11, 93:19, 68:14, 80:16, 81:30, twenty [1] - 104:15 102:18 whole [1] - 41:2 widely [1] - 37:11 88:28, 97:26, 103:18, twice [2] - 6:29, 7:1 vehicle [5] - 11:15, 46:21, 103:28 two [46] - 3:2, 3:5, 3:7, 46:22, 66:14, 68:21 wife [3] - 67:16, 75:12, [9] 75:20 Tom - 51:4, 51:5, 51:8, 3:16, 6:19, 9:22, 10:11, veracity [6] - 26:21,

Doyle Court Reporters Ltd.