A P P E A R A N C E S
The Sole Member: His Honour Judge Peter Smithwick
For the Tribunal: Mrs. Mary Laverty, SC Mr. Justin Dillon, SC Mr. Dara Hayes, BL Mr. Fintan Valentine, BL
Instructed by: Jane McKevitt Solicitor
For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC Mr. Michael Durack, SC Mr. Gareth Baker, BL
Instructed by: Mary Cummins CSSO
For Owen Corrigan: Mr. Jim O'Callaghan, SC Mr. Darren Lehane, BL
Instructed by: Fintan Lawlor Lawlor Partners Solicitors
For Leo Colton: Mr. Paul Callan, SC Mr. Eamon Coffey, BL
Instructed by: Dermot Lavery Solicitors For Finbarr Hickey: Fionnuala O'Sullivan, BL
Instructed by: James MacGuill & Co.
For the Attorney General: Ms. Nuala Butler, SC Mr. Douglas Clarke, SC
Instructed by: CSSO
For Freddie Scappaticci: Eavanna Fitzgerald, 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
For the PSNI: Mark Robinson, BL
NOTICE: A WORD INDEX IS PROVIDED AT THE BACK OF THIS TRANSCRIPT. THIS IS A USEFUL INDEXING SYSTEM, WHICH ALLOWS YOU TO QUICKLY SEE THE WORDS USED IN THE TRANSCRIPT, WHERE THEY OCCUR AND HOW OFTEN. EXAMPLE: - DOYLE [2] 30:28 45:17 THE WORD “DOYLE” OCCURS TWICE PAGE 30, LINE 28 PAGE 45, LINE 17 I N D E X
Witness Page No. Line No.
WITNESS 69
EXAMINED BY MRS. LAVERTY 2 1
CROSS-EXAMINED BY MR. DURACK 35 9
CROSS-EXAMINED BY MR. O'CALLAGHAN 59 22
CROSS-EXAMINED BY MR. ROBINSON 76 20
RE-EXAMINED BY MRS. LAVERTY 78 5 Smithwick Tribunal - 16 February 2012 - Day 76 1
1 THE TRIBUNAL RESUMED ON THE 16TH OF FEBRUARY, 2012,
2 AT 11 A.M. AS FOLLOWS:
3
4 CHAIRMAN: Good morning.
5
6 MRS. LAVERTY: Good morning, Chairman. The witness this
7 morning is an ex-RUC officer, Witness 69. He does not
8 require screening.
9
10 CHAIRMAN: But he is preserving his anonymity, yes.
11
12 MRS. LAVERTY: He is preserving his anonymity, yes,
13 Chairman.
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15 16
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Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 2
1 WITNESS 69, HAVING BEEN SWORN, WAS EXAMINED BY MRS. LAVERTY
2 AS FOLLOWS:
3
4 MRS. LAVERTY: Good morning, Witness 69.
5 A. Good morning.
6 1 Q. Firstly, thank you for travelling to the Tribunal. I think
7 that you were based in the Crime Squad, is that correct?
8 A. Yes, I was attached to Headquarters Crime Squad and we
9 investigated terrorist crime throughout Northern Ireland.
10 2 Q. And how many detectives were --
11 A. There was about forty attached, broken into units, ten
12 units of four, and I was the Detective Sergeant in charge
13 of one of the units.
14 3 Q. And had you a particular expertise in terrorist activities?
15 A. Yes, I joined the RUC on December the 6th, 1970, and in
16 1972 I started to work with CID, and, from then, was
17 involved in murder investigations, bomb and shooting
18 investigations, and I had a fairly extensive experience by
19 the end of the '70s.
20 4 Q. And I think that you were -- your Detective Inspector, that
21 you worked very closely with, was Witness Number 68?
22 A. That is correct.
23 5 Q. I wonder do you have a list of ciphers there before you?
24 Perhaps Mr. Mills might give it. In the event that you
25 need to refer to an ex-member of the RUC, you might,
26 perhaps, check that.
27 A. That is fine. Thank you.
28 (Cipher list handed to the witness.)
29 6 Q. And I think that perhaps one other witness that you may
30 refer to would be a forensic expert, and he is Witness
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 3
1 Number 72?
2 A. Right, yes.
3 7 Q. Now, I think that the 27th of August, 1979, was probably
4 one of the worse days during the Troubles, is that correct?
5 A. Yes. Obviously, Lord Mountbatten was killed in the
6 morning, and the afternoon the 18 soldiers were killed, and
7 a civilian was killed in the Republic of Ireland, as well.
8 8 Q. And I think that Lord Mountbatten was killed on his boat in
9 the sea off Mullaghmore in County Sligo?
10 A. That is correct.
11 9 Q. And he and his grandson and a little local boy, both of
12 them 15-year-olds, were killed. His daughter's
13 mother-in-law, Lady Brabourne, was seriously injured, and
14 died from her injuries the next day?
15 A. Yes, that is correct.
16 10 Q. And in addition, then, his grandson's twin brother, mother
17 and father were all very badly injured?
18 A. That is so.
19 11 Q. Now, I think it was some five hours later that there was an
20 equal atrocity in Warrenpoint, is that correct?
21 A. That is so.
22 12 Q. Now, if I could, in the interests of clarity, I might just
23 read a very brief description of the event from Mr. David
24 McKittrick's book on Lost Lives, and then I won't upset
25 anyone by reading from official documents.
26 A. Okay.
27 13 Q. And it basically said, and you can correct me if there is
28 anything here that is wrong, it says that 16 of the 18 --
29 18 soldiers were killed, and I understand 16 of those were
30 from the Parachute Regiment?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 4
1 A. Yes.
2 14 Q. And two of them were from the West Highland --
3 A. Queen's Own Highlanders.
4 15 Q. And the description of the attack is as follows:
5 "The attack began as a convoy of two army trucks led by a
6 Land Rover made its way from an army base in Ballykinler to
7 another in Newry. Its route took it past Narrow Water, a
8 largely unpopulated rural spot. A dual carriageway runs
9 parallel to Carlingford Lough, which marks the boundary
10 between Northern Ireland and the Irish Republic, and at
11 this spot the Republic is only a few hundred yards away
12 across the Lough."
13 A. That is so.
14 16 Q. And I think that is a well-known beauty spot and it is
15 visited by people?
16 A. Yes, it is stunningly beautiful terrain with the water, the
17 low hills and the trees, and so forth.
18 17 Q. Yes. And it is very narrow, the gap between the Republic
19 and the other side?
20 A. Yes, I would say probably 100 metre wide in places.
21 18 Q. Yes. And, "An 800-pound IRA bomb was hidden in a trailer
22 at the side of the road, concealed among bales of straw."
23 Now, was that on the Republic side, was it on the side of
24 the water?
25 A. Yes, it was -- leaving Warrenpoint, you come to a
26 roundabout, and then about 100 yards beyond the roundabout,
27 heading towards Newry, it was on the left side of the road
28 adjacent to the Carlingford Lough.
29 19 Q. Yes. And I think that at one end you had Warrenpoint
30 docks, is that correct?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 5
1 A. Yes.
2 20 Q. Which was about a mile away?
3 A. That is so.
4 21 Q. And at the other end of that particular stretch of road,
5 then, you had Newry, which was about five miles away?
6 A. That is so.
7 22 Q. And I think that there was a convoy of troops travelling
8 towards Newry, is that so?
9 A. That is so.
10 23 Q. And do you know how many lorries were involved, or troops?
11 A. I think there were three weeks involved: a five-tonne
12 truck and two smaller vehicles.
13 24 Q. And when, I think, the third vehicle was passing this
14 particular lay-by, what happened?
15 A. Well, the five-tonne truck was passing the trailer with the
16 barley straw and the 800 pounds of explosive, it blew up
17 and the lorry blew up, disintegrated and started a fire,
18 and a number of the soldiers were badly burnt and mutilated
19 by the explosion.
20 25 Q. And I think that, in fact, the bomb was constructed in such
21 a way that petrol containers were around the actual bomb
22 itself to create maximum carnage?
23 A. That is so.
24 26 Q. Hence, severe burning of the unfortunate men?
25 A. Yes.
26 27 Q. Now, as a result of that, obviously reinforcements came in?
27 A. Yes.
28 28 Q. You were notified, I think, at the time?
29 A. Yes, I was working in the Bomb Squad in Belfast and with
30 two units, and we got a call to say that six soldiers had
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 6
1 been killed in the first explosion, and we were put on
2 standby, and then further news came through that the other
3 soldiers were dead, so we were told to go to Warrenpoint as
4 quickly as possible.
5 29 Q. Yes. Now, I think in relation to the second explosion when
6 during the next, the half hour, I think they were exactly
7 half an hour apart --
8 A. Yes, that is so.
9 30 Q. -- during the half an hour, between the explosions, several
10 army Land Rovers and two helicopters arrived at the scene
11 after the first one --
12 A. Well, certainly one helicopter arrived, that I am aware of.
13 31 Q. That you are aware of?
14 A. Yes.
15 32 Q. And shots, I think, were exchanged, then, north and south?
16 A. That is so.
17 33 Q. The surviving paratroopers and the other soldiers who had
18 gone to the scene, established a defensive position behind
19 nearby gates and a wall, is that so?
20 A. Yes, it was to keep in the Lough itself, and that gave some
21 shelter from gunmen operating from the Republic of Ireland,
22 and then there was a gate house, a big substantial gate
23 house just at the entrance to the estate.
24 34 Q. Yes. And obviously the people who arrived at the scene and
25 the reinforcements, took shelter there and established a
26 position there in view of the firing?
27 A. Yes.
28 35 Q. And I think that that was precisely what the IRA were
29 anticipating, isn't that so?
30 A. Yes. In my view, this was one of the most carefully
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 7
1 thought-out, well-planned IRA operations in the history of
2 the Troubles in Northern Ireland. And they knew that these
3 soldiers were going to replace the garrison in Newry on a
4 certain date, and they worked the route of that and, I have
5 no doubt, that they had lookouts along the route, so they
6 were able to say at exactly what time this convoy would
7 arrive at that roundabout at Warrenpoint, and there were
8 people across ready at the detonation point. And it was
9 wonderfully planned. I would say that was one of their
10 most successful operations of all time.
11 36 Q. Yes. And I think, in all, then, 12 more soldiers were
12 killed in the second explosion?
13 A. Yes, there was a huge amount of explosives hidden in the
14 gate house, the entrance to the estate, and, when that was
15 detonated, the other 12 were killed.
16 37 Q. And I assume it wasn't just carnage, that there must have
17 been an awful lot of very serious injuries as well, was
18 there?
19 A. Yes. Again, there were bodies on fire, and one of the
20 soldiers was vapourised, and we found nothing but an
21 epaulet of him, despite huge searches in the Lough and
22 surrounding areas. Body parts were blown into trees, and
23 then we used an army helicopter to below the body parts out
24 of the trees for collection.
25 38 Q. Yes. And had you ever seen such carnage on a scale, on
26 that scale before in your work?
27 A. Not at that stage, no.
28 39 Q. Now, I think that you were then given -- when you arrived,
29 all of the deaths had occurred, and I think that you were
30 given an appointment, then, in charge of -- partly in
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 8
1 charge of the scene and the exhibits.
2 A. Yes, [ redacted ] was the head of the Squad
3 and appointed witness -- sorry, what is the witness number
4 again? -- Witness 68, he appointed him in charge of the
5 investigation. He, in turn, appointed me Exhibits Officer
6 at the scene.
7 40 Q. Yes, I think on the other side of the water, somebody had
8 been -- had been killed, isn't that right?
9 A. Yes.
10 41 Q. A young man?
11 A. An English visitor was killed directly across from the
12 point of the second explosion, shot dead by the army.
13 42 Q. Yes. And there would obviously have been incredible
14 confusion and fear, and everything else?
15 A. Yes. I think anything that moved on the Republic side was
16 shot at, probably.
17 43 Q. So that precipitated, then, two inquiries, both on the
18 northern side of the river and on the southern side?
19 A. Yes.
20 44 Q. And what -- did you see activity on the southern side of
21 the border?
22 A. Yes, I worked at the scene for at least five days,
23 concentrating on recovering body parts and other exhibits.
24 At the request of the guards, because the civilian was shot
25 dead, I also recovered remains of rifles at the scene and
26 from surviving soldiers as well, got them ballistically
27 examined, and made that report available to the guards. On
28 the other side, there was an elevated position, probably
29 half a mile, or so, away, and we could see a lot of Gardaí
30 activity over the coming days.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 9
1 45 Q. Yes. And was -- obviously, your part in isolating weapons
2 and checking ballistics, and all that, was to assist the
3 Gardaí to find out which member of the army or who had
4 actually killed the person on the south side, is that
5 right?
6 A. Yes.
7 46 Q. Yes. And on the other side then, I think a detonation
8 point, it was agreed that the detonation point for the
9 bombs had to come from the south, is that correct?
10 A. Yes, as soon as we started our examination on the northern
11 side, we could see the other activity, and we assumed that
12 that had some connection to the two explosions, and, within
13 the following morning, we learned, through an RUC contact
14 who knew people in the Garda, that, in fact, they were
15 looking at that as the detonation point for the two
16 explosions.
17 47 Q. Now, I think that the bombs were remotely activated, is
18 that correct?
19 A. It would appear so, yes.
20 48 Q. And I think you mentioned a contact that you had. Would
21 that be Witness 8? I think Witness 8 appears to have been
22 liaising with the Chief Superintendent?
23 A. Sorry, yes, yes.
24 49 Q. Now, was he the Chief Superintendent in the area, in the
25 Newry area?
26 A. He was, yes.
27 50 Q. He was. And was it through him, then, that there was a
28 liaison established with the Gardaí?
29 A. Yes, relationships between the RUC and the Garda at that
30 stage, in my view, worked on two levels: one on a very
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 10
1 formal level through Garda Commissioner and the Chief
2 Constable, or informal contacts along the border, and we
3 used Witness 8, actually, we knew he knew people within the
4 guards, we used him initially to see if he could get us
5 access to the detonation point, and we were making no
6 ground there, so we went to the Divisional Commander in
7 Newry at the time, a man called McCullough - he is now
8 deceased - to make it a more formal approach, and he, too,
9 was unsuccessful for a number of days.
10 51 Q. And was there a final agreement that there would -- that
11 you did get access to the scene?
12 A. Yes, we were also aware that two suspects had been arrested
13 on a motorcycle not too far from the detonation point, and,
14 through Witness 8, we learnt that there was a possibility
15 of a reasonable forensic case that might connect these two
16 suspects to the killings, and, in particular, to the
17 detonation point, and part of working with the Divisional
18 Commander was perhaps to get access to these people, get a
19 meeting with the senior guards in Dundalk, and get access
20 to the detonation point, if possible.
21 52 Q. Yes. Now, were you actually involved in those negotiations
22 to get access to the detonation point?
23 A. Well, obviously being the scenes exhibit officer and
24 working with the forensic scientist, I was relaying issues
25 to my Commander, and it was the view of the forensic
26 scientist that it was essential for him to get access to
27 this detonation point. As far as the investigating officer
28 was concerned, it was essential for our investigation team
29 to get access to the guards so we could discuss what could
30 be done with the two suspects.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 11
1 53 Q. I think at that period in time, there was a very
2 sophisticated forensic department, independent forensic
3 department in the north, is that correct?
4 A. That is so, yes. We were probably, the RUC, their main
5 customer, but they were totally independent of the police
6 and worked for a whole variety of manufacturers and
7 industrial people, and so on, as well, but I would say the
8 RUC were their biggest customer at that stage.
9 54 Q. And I assume this is because, of course, on a daily basis,
10 they were forensics involved in the murders that
11 continued --
12 A. Yeah, I would --
13 55 Q. -- on a weekly basis?
14 A. I would think the most sophisticated departments in
15 Forensic were explosives and munitions, because obviously
16 most people were killed by those two methods.
17 56 Q. And am I correct in thinking that the head of the forensic
18 department, who was Witness Number 72, was no stranger to
19 working with the Garda?
20 A. No, he was actually famous within the RUC on the -- he was
21 our recognised authority in explosives and I am aware that
22 he worked on many cases throughout Northern Ireland along
23 the border and I am aware that he had dealings, substantial
24 dealings with Garda investigators, as well.
25 57 Q. Yes. And I think, subsequent to this, the relationship
26 continued for many years. Now, was there finally an
27 agreement that there would be -- there would be access
28 granted to the forensic team?
29 A. Yes.
30 58 Q. And were you there when that happened?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 12
1 A. Yes, I was told by my Commander that agreement had been
2 reached and I was instructed by him to go across with the
3 forensic scientist later that day.
4 59 Q. Yes. Now, I think that the 27th was a Monday, and am I
5 correct in thinking that the first time you got access was,
6 according to records, on the Thursday? There was a
7 meeting?
8 A. I was always believed, in my mind, that it was something
9 like three days into the inquiry, which would be, maybe, a
10 Thursday night. That is my best recollection --
11 60 Q. Yes.
12 A. -- that I can come up with.
13 61 Q. And do you recall if Harry Breen was there at one of those
14 meetings?
15 A. No, I don't recall.
16 62 Q. And was it a meeting between the hierarchy of the Gardaí
17 and yourselves and the forensics? Do you know how many
18 people were there?
19 A. No, the only meetings I had were with senior RUC officers.
20 When the agreement was reached that we could go over on the
21 Thursday evening, Mr. -- Witness 72 went over with -- he
22 had a person working, an RUC officer working with his
23 department, and then there were a couple of us, part of the
24 inquiry team went over. We arrived over and spoke to
25 uniform guards. Prior to that, we were told that a certain
26 garda sergeant was the person we had to deal with. So,
27 prior to going to the detonation point, we were given a
28 name of a detective sergeant in the Garda that we should
29 deal with.
30 63 Q. And do you recall who he was?
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1 A. Mr. Corrigan, Sergeant Corrigan.
2 64 Q. Did you know him before that?
3 A. No.
4 65 Q. And I think that Sergeant Corrigan was involved in the
5 investigation at the time, the investigation on the south
6 side?
7 A. Well, I was told by my Divisional Commander that he was the
8 person that was in charge of the Garda investigation and in
9 charge of the scene, and, when we went over on the Thursday
10 evening, that's the person we were looking for.
11 66 Q. And did you -- at what time of the evening was this?
12 A. It was sometime about 7:30, or so.
13 67 Q. Yes. Do you recall at -- was it by invitation from the
14 Gardaí that you travelled, or was it at the insistence of
15 your team that you went over?
16 A. No, I can't say that we insisted. I would say that we made
17 a very strong reputation and I would say that the guards
18 could have continued to deny access, but they decided that
19 they would give access to the forensic team.
20 68 Q. Well, it would appear that it was in everyone's interest
21 that the forces cooperated?
22 A. Well, to this day, I believe that the guards, An Garda
23 Síochána could have been heroes in placing throughout the
24 world to clear two of the biggest atrocities that have
25 happened in the Troubles on the one day. And it is with
26 sadness I look back on the events of that day and that they
27 didn't do it.
28 69 Q. Now, are you aware that they did carry out their own
29 forensic investigation?
30 A. I believe so, yes.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 14
1 70 Q. Yes. And when you went, three days later, as you said you
2 travelled over with Witness 72 --
3 A. Yes.
4 71 Q. -- and perhaps a few more, you spoke to Detective Sergeant
5 Corrigan, and was there any arrangement that you would go
6 back, that you would look at --
7 A. When we arrived that first evening, the first person we
8 met, a couple of uniform Garda people, and we announced
9 that we were to see Detective Sergeant Corrigan, and it was
10 indicated that we should go further up towards the field,
11 and there was at least one plain-clothes officer, and shook
12 hands, and I believe that was Sergeant Corrigan.
13 72 Q. And was there an agreement that you could take samples that
14 day?
15 A. Yes, the forensic -- or Witness 72 decided he didn't have
16 the right equipment to do a full forensic examination and
17 didn't have the specialist personnel to do it, and I saw
18 him talking to Garda officers, including this plain-clothes
19 officer, and he came -- I had no function at the site; I
20 was only going on as a representative. Forensic people
21 were the ones that were going to the site. So I let him
22 talk to the uniform- and the plain-clothes officer. He
23 came to me and said, "Right, we are not going to do
24 anything tonight, it is too late. And I need a big team
25 down. So we will come back tomorrow morning."
26 73 Q. I think the important thing there was that a nest, if you
27 like, had been found in the middle of very high ferns and
28 grass, indicative of the fact that people had been lying
29 there and watching out, watching the other side of things?
30 A. I know Witness 72 was quite excited. He said, "This looks
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 15
1 like a good scene. I think, with the right team, and so
2 on, we will get good forensic evidence from the scene."
3 74 Q. I think, sort of, food had been found and cigarette butts
4 and items, were you aware of that at the time?
5 A. Oh, I was, yes. There was an area of grass that appeared
6 to support a theory that perhaps people had lain there to
7 conceal themselves, and there was some food, I think there
8 was a drink and cigarettes. So, potentially, it looked a
9 meaningful site, from the forensic examination point of
10 view.
11 75 Q. And it was being protected at that stage by uniformed
12 guards?
13 A. Yes.
14 76 Q. Who were looking after the scene and preserving the scene?
15 A. Yes.
16 77 Q. And were you present when any further arrangement was made
17 to go back, or were you present the next day?
18 A. Yes, the next day we went back, and I could see from where
19 I was standing - as I say, my job was not to go into the
20 specific central part of the site - I could see that ferns
21 had been cut down, and I could see, very, very quickly,
22 that the forensic team were becoming agitated and Witness
23 72 turned and said they have no function here; there is no
24 point doing any examination, the scene has been destroyed.
25 78 Q. How far -- can you describe the type of cutting down of
26 fern that had taken place, over what extent?
27 A. It seemed to be quite a substantial area, now. I can't,
28 obviously, after all these years, put measurements to it,
29 but, from a person with no forensic expertise, I could see
30 that the site had been badly damaged and...
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 16
1 79 Q. What do you think had been used in order to cut it down?
2 A. I would say sickles or scythes, or something. It looked as
3 if the ferns had been professionally cut down.
4 80 Q. So was it possible to identify this nest anymore in the
5 middle of the rest of the undergrowth?
6 A. No. Obviously, when Witness 72, we were walking away, he
7 gave reasons why there was no point carrying out a forensic
8 examination and he -- I remember him saying that it was
9 impossible, because of the interference with the scene, to
10 indicate where the bombers had possibly been laying, and so
11 on.
12 81 Q. Well, do you think that -- was it cut rather than trampled
13 down?
14 A. Well, parts of it, and I would expect this to happen if
15 Garda people were doing a forensic examination themselves,
16 they would have trampled bits and pieces, but this was cut
17 down. This looked like wholesale destruction of a whole
18 area, to me.
19 82 Q. Yes. Now, I know that certainly in correspondence or in
20 reports later, it was suggested or stated by the Gardaí
21 that they did this in order to establish if there were any
22 bullet casings left; they were trying to find casings,
23 shell casings, indicating that there may have been gunfire
24 from the south?
25 A. Well, my recollection at the time, talking to the forensic
26 scientist, and my own observation, is that no satisfactory
27 explanation was given at the time as to why this had
28 happened. Now, there is some logic to the fact that they
29 would need to cut the ferns down to look for spent cases,
30 and so on, but one would imagine, if this arrangement had
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 17
1 been made, that it was far more important to get other
2 forensic evidence bagged first and then decide, right, that
3 is all we can do in relation to those specifics; well, now
4 let's start to look for bullet casings, and so on. I would
5 think that should have been the last thing that was done.
6 83 Q. And presumably, if the team from the RUC, if the RUC team
7 had had access on that particular occasion, it is quite
8 possible that the end result would have been the same?
9 A. Well, the end result -- sorry, I am not a forensic expert,
10 but my knowledge of being at many scenes of terrorism,
11 there is a process, and you look for things that are going
12 to cause the least disturbance of a scene, to begin with,
13 and then if something requires a minute examination of
14 every inch of the ground, and there is long grass, there is
15 something, at that stage that's the last thing done. And I
16 would be very surprised if our Witness 72 doesn't confirm
17 with what I am saying.
18 84 Q. Yes. So what you are saying, effectively, is that the
19 scene hadn't been finally processed when this grass was cut
20 down?
21 A. No - well, I would have imagined, by the Thursday, if the
22 Garda were serious about doing a thorough scene
23 examination, that the cigarette butt and the food, and so
24 on, would have been taken away already, that measurements
25 would have been taken, photographs would have been taken
26 and that they would be in a position to brief our forensic
27 scientist on what they had done. I think we were all
28 surprised to see, after so many days, that the important
29 forensic material was still lying about.
30 85 Q. Who appeared to be in charge of the scene on the second
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 18
1 occasion that you were there?
2 A. I can't recall now. All I remember, my abiding memory of
3 that second visit was the dismay of the forensic scientist,
4 and I can't remember even who we spoke to that day. My
5 whole thought-process was dominated by their response on
6 the second occasion.
7 86 Q. I think that that frustration and that dismay continued for
8 a long time after that, is that so?
9 A. From my point of view, on a personal level, it developed
10 into great resentment and bewilderment; why this would
11 happen, how it happened, why would they do this? And our
12 dismay was intensified within a day or two when we learned
13 that these two people on the motorcycle had been released
14 and were charged with having no insurance or having a
15 defective bike.
16 87 Q. I think at the time on the day, literally twenty minutes, I
17 think, or within twenty-five minutes after the first
18 explosion, I think the Gardaí from Omeath arrested two
19 young men on a motorbike travelling away from what was
20 ultimately considered to be a detonation point in the
21 south?
22 A. Yes.
23 88 Q. And they were a man called --
24 A. Brennan and Burns.
25 89 Q. Brennan and Burns, yes. And Mr. Burns subsequently, some
26 years later, blew himself up with his own bomb?
27 A. Well --
28 90 Q. Isn't that correct?
29 A. I would say that happened after he had killed numerous
30 people, particularly --
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 19
1 91 Q. Yes. And he was a bomber, isn't that so?
2 A. Yes.
3 92 Q. And the other man was -- gave a false name initially, and
4 it transpired that he was a man called Anthony Brennan?
5 A. Yes.
6 93 Q. Both of them from Crossmaglen?
7 A. Yes.
8 94 Q. And they were arrested by the Gardaí and they were
9 interviewed at length, isn't that correct?
10 A. Yes.
11 95 Q. Now, in the meantime, I think that the Gardaí had taken
12 forensic items of forensic value; they had taken ferns,
13 saliva, they were found with ammonia nitrite on their
14 hands, in their car, on their bike?
15 A. Yes.
16 96 Q. At the time, it seemed to be there just wasn't sufficient
17 evidence, at the time, to prove beyond a reasonable doubt?
18 A. It is difficult for me to comment on that, but from --
19 97 Q. But everyone knew these two people were in custody and all
20 of this was going on in the background?
21 A. I can only say that when we heard they were in custody and
22 we learned that there were various items found on them, we
23 were quite optimistic that something might develop.
24 98 Q. Yes. And obviously, then, very anxious to help with the
25 forensic capabilities of the RUC, or indeed any other
26 matter, if a conviction could be secured?
27 A. It would have been a wonderful result.
28 99 Q. Yes. And everyone prepared to help the Gardaí?
29 A. In my view, yes.
30 100 Q. Yes. Now, to come back to the second occasion. On the
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 20
1 first occasion, you said that you spoke -- you were
2 directed to Detective Sergeant Owen Corrigan --
3 A. Yes.
4 101 Q. -- as being, you thought, in charge, or seemed to be the
5 person in charge on that particular occasion?
6 A. Yes.
7 102 Q. On the second occasion, you don't recall him being present?
8 A. No.
9 103 Q. No. Do you have any -- subsequently, it seems to me that,
10 and correct me if I am wrong, but it seems to me that the
11 blame for this missed opportunity fell on Detective Owen
12 Corrigan, rightly or wrongly?
13 A. Well, there are a number of possibilities. One of the
14 possibilities, it is our belief that maybe the order came
15 from a higher authority.
16 104 Q. Yes.
17 A. Or he could have made the decision himself, I just don't
18 know.
19 105 Q. Surely the -- it would be up to the forensic team to decide
20 when the area was finished, from your experience in these
21 matters?
22 A. Well, our information is that when Lord Mountbatten was
23 killed, that their top forensic scientists were dispatched
24 to that scene, so that is the information we were
25 subsequently given, and I would think there was some truth
26 to that, and there would be merit in them doing that, and
27 it just seems to me that their scene wasn't properly
28 examined, and to expect Garda officers to do that, without
29 having forensic guidance, just doesn't seem right to me.
30 106 Q. That is fair enough, that is fair enough. I think that the
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 21
1 -- just to be quite clear about this, that the Garda
2 forensic team investigated the scene as well, I understand;
3 it wasn't just Garda officers?
4 A. I don't know.
5 107 Q. You don't know about that?
6 A. I don't know that, no.
7 108 Q. You don't know about that. Now, did anybody have sight of
8 the Garda forensic report subsequently?
9 A. Yes, as I have already said, the relationship with the
10 guards was done on one of two levels; one very formally
11 through Headquarters, a very senior officer to the Garda
12 senior officer, or through local contacts. Now, there
13 was -- there was a witness, Witness 8, was known to myself
14 and other officers and was a local contact and we looked to
15 him to continue trying to get access to the report, to the
16 prisoners, to the scene, and so on. My belief is, and it
17 is a substantial belief, that he arranged a meeting with an
18 officer called Witness 78, who was known to Witness 68, and
19 that they met, and Witness 78 made available, unofficially,
20 a copy of the forensic report, with strict provisos that it
21 wasn't to be shown to anyone else, it wasn't to be included
22 in any investigation file. The report itself, as a full
23 document, was not to be referred to, but permission was
24 given that in -- when Witness 72 was preparing the full
25 report into Warrenpoint, that parts of that report could be
26 included in Witness 72's report to the RUC Headquarters on
27 the proviso it wasn't shown, the source of that
28 information.
29 109 Q. Yes. So there is still contact on a more informal basis?
30 A. Yes.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 22
1 110 Q. And I think you dealt with something in your statement that
2 we are not going to deal with today, Witness 69, and that
3 is several meetings that you attended with your Detective
4 Inspector, Witness 68, in Dublin with the Gardaí?
5 A. No, I didn't attend those meetings.
6 111 Q. Oh, you didn't attend those meetings? You were aware of
7 them?
8 A. I was a party to -- I knew that Witness 72 was making very
9 formal representation with senior officers from
10 Headquarters and --
11 112 Q. Yes. And if anything arises out of those -- I think
12 Witness 68 will be giving video-link evidence in about two
13 weeks' time, and if anything arises as a result of your
14 knowledge --
15 A. Oh, sorry, it is not 72; it is Witness 68.
16 113 Q. Yes. If anything arises as a result of the information you
17 had in dealing with him as regards those meetings, perhaps
18 you might be able to address that subsequent to him giving
19 his evidence, should the need arise?
20 A. All I know, that Witness 68 had meetings with the
21 investigation team, and we were looking to get access to
22 the two suspects who had been released and we were trying
23 to work out the best possible approach, yes, that would
24 help our investigation. He, along with senior officers
25 from RUC Headquarters, then went to Dublin and...
26 114 Q. Yes. And I think that, at the time, the only charges that
27 the Gardaí could hold Brennan and Burns on, appeared, then,
28 to be just motoring traffic?
29 A. That is so.
30 115 Q. Yes. And I think that, as a result of their arrest in the
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 23
1 south, they never went north, so there was no possibility
2 of being arrested or interviewed by the RUC, is that so?
3 A. Well, there was one occasion where a Garda officer, and
4 maybe Witness 68 might be able to give you some indication
5 of who that was, a Garda officer told us that these people
6 would be attending court in relation to the motoring
7 offences, and a major operation using the Welsh Guards was
8 set up; they had to pass through a little tongue of land
9 that cut in from Monaghan into Northern Ireland.
10 Unfortunately, they wouldn't allow any of the investigation
11 team to accompany them in this, and I am sorry to say that
12 the Welsh Guards fell asleep and the two suspects were able
13 to cross without being arrested, and that was the last
14 opportunity we ever had to arrest and question these
15 people.
16 116 Q. Now, I think subsequently, in 1995, I think around the
17 mid-'90s, Anthony Brennan was arrested and charged with
18 attempted murder as a result of an attempted attack, a
19 mortar attack?
20 A. That's right, yes.
21 117 Q. And I think for which he subsequently got sentenced to 15
22 years, isn't that right?
23 A. Yes, indeed, yes.
24 118 Q. And in the course of that investigation, the Narrow Water
25 inquiry came up again, and it was hoped that perhaps, at
26 that stage, he could be prosecuted for the deaths in
27 Warrenpoint of the Parachute Regiment, and I think there
28 were discussions at that stage, but, again, it didn't work
29 out; there was insufficient evidence, I think?
30 A. Well, I think, after all these years, and certainly this is
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 24
1 not a criticism of the guards, some of the exhibits had
2 been lost and disposed of.
3 119 Q. That is true.
4 A. But I am not saying that by way of any criticism. If you
5 look at RUC cases of that age, it would be the same with
6 some items. So it was decided that there was insufficient
7 evidence to pursue a prosecution in relation to
8 Warrenpoint.
9 120 Q. Yes. I think that it was a turning-point, that particular
10 day, in the history of the north, because I think that
11 Mrs. Thatcher came to Northern Ireland as a result of the
12 deaths in Warrenpoint?
13 A. In my view, there were three incidents that were -- caused
14 Margaret Thatcher to come to Northern Ireland: one was the
15 killing of Airey Neave, one was the murder of Lord
16 Mountbatten and one was the Warrenpoint explosion, and she
17 came, and we became aware that she had decided that there
18 had to be an improvement in security, particularly along
19 the border, and that, by its nature, would involve a better
20 working relationship with the Garda.
21 121 Q. And, as a result of that, was there a system put in place,
22 formally or informally?
23 A. Yeah, I believe -- two things happened. In my view, 1982,
24 there was a thing called the Walker Report, an RUC
25 document, which clearly indicated that Special Branch would
26 take primacy in intelligence-gathering within the RUC, and
27 it meant that even CID officers or uniform officers who
28 developed sources of information, were obliged to hand
29 those over to Special Branch, and it got to the stage where
30 they, over a period of time, then took full control of
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 25
1 intelligence-gathering in Northern Ireland. I also
2 believe, and there was a reference to it, in my view, in
3 Article 9 of the Hillsborough Agreement where this issue of
4 closer cooperation with the Garda started -- the process
5 starting, in my view, in the early 1980s, where a protocol
6 was developed between the Garda Special Branch and RUC
7 Special Branch, where there would be free exchange of
8 intelligence and under very strict provisos, and I can only
9 speculate that those -- what those provisos are, but I am
10 aware that Witness 68 is going to refer to a document which
11 clearly set out some of the terms of reference of that
12 protocol.
13 122 Q. Um-hmm.
14 A. But certainly from -- in my view, the 1980s Walker Report,
15 I think it was -- it might have been '81/'82, it might have
16 been '81/'82, but, from then, intelligence-gathering within
17 the RUC became the sole domain of Special Branch.
18 123 Q. Mm-hmm. Was that to the detriment of CID?
19 A. It was, yes. We were dependent on Special Branch releasing
20 information, and Special Branch have different priorities
21 as far as source protection, and so on, and a CID man in
22 the RUC was only interested in, if an incident happened,
23 someone was killed or badly hurt, getting information,
24 making inquiries, arresting that person, taking them before
25 a court and getting them convicted. That was their sole
26 function. The sole function of Special Branch is totally
27 different. Their thing is to develop a system whereby they
28 can get access to as much meaningful intelligence about
29 prevailing circumstances as possible, and it was they that
30 determined what they did with that intelligence, and, in my
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 26
1 view, their priorities were different from CID men.
2 124 Q. Harry Breen was concerned, he was obviously CID, he was
3 concerned --
4 A. No, I'd say he was a uniform officer.
5 125 Q. Uniform, sorry. But he was concerned the day, expressed
6 concerns the day of his murder about contacts between the
7 Garda and the IRA in a particular area and, in particular,
8 contacts with 'Slab' Murphy. Now, where would he have got
9 that intelligence or that information?
10 A. I think a discussion like that doesn't ring true to me
11 where, on the day the poor man is killed, that he would
12 express those concerns. I have been up and down to see the
13 guards hundreds and hundreds of times, and issues like that
14 didn't cross my mind. You always believed this wasn't
15 going to happen to you. I have done work -- I spent, in
16 the Brendan Smyth case, all Good Friday down in Dundalk,
17 and didn't have concerns like that. And I think if he had
18 those thoughts in his head, he wouldn't have gone, to tell
19 you the truth. There were local people there. If I wanted
20 anything with the guards in the other -- Monaghan, Louth, I
21 made contact with them and they took me down, but I had no
22 worries about that.
23 126 Q. But if he did have concerns, and obviously he had to go
24 down because he was directed to go down, where would this
25 information have come from?
26 A. Well, if he had concerns - sorry, I keep coming back to it
27 - if he had concerns, the thing to do was to phone the
28 guards, tell them to meet him at the border and get
29 RUC-issue Land Rovers to escort him down to the border and
30 that exchange take place safely. I can only speak
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 27
1 personally now. If I had concerns like that, I wouldn't
2 have gone down, in the circumstances.
3 127 Q. Sorry for me labouring it; I am trying to come back,
4 because we were talking about intelligence and the
5 divisions, if you like, between intelligence-sharing. Who
6 would have briefed him on something like that? Would he
7 have been briefed regularly by Special Branch?
8 A. Well, I like to think that if Special Branch had some
9 concerns, and I knew some of the Special Branch people down
10 there, and I would be certain if they had specific concerns
11 about the safety of that journey and they had some
12 information to that effect, that that they would have
13 passed that.
14 128 Q. They would have told him?
15 A. They would have told him, yes.
16 129 Q. And what about the position of Bob Buchanan as Border
17 Superintendent, did he have access to more or less
18 intelligence because of his position?
19 A. No, the intelligence team down there, one of the people was
20 known to me, and I would be certain, if there was specific
21 concerns about that journey, that that would have been
22 conveyed to the two officers and that they would have made
23 other arrangements for going down.
24 130 Q. Mm-hmm. Have you been following the evidence given in the
25 Tribunal in relation to how the ambush took place, and I
26 presume you know from your own historical reasons, anyway,
27 how the ambush was planned?
28 A. Yes.
29 131 Q. And do you have any views on it?
30 A. Yes, I saw the recent programme, Spotlight programme,
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 28
1 watched it twice, and there are various reports in the
2 Belfast Telegraph, which is delivered to my home every
3 evening, so I am aware of some of the evidence given in
4 relation to that, and if I were asked a view on it, my view
5 would be this: that these officers, if they were going
6 down to a very important meeting, would make a preliminary
7 arrangement to ensure that the people they needed to see
8 were available on that specific date and at that time, and
9 that I'm aware that evidence was given that the meeting was
10 finalised at some stage in the morning --
11 132 Q. About half ten on the morning, I think?
12 A. Yes.
13 133 Q. Do you think that is too late?
14 A. It would be too late to mount an operation, an IRA
15 operation like that. The south Armagh unit were famous for
16 their security. They didn't tolerate informants. They all
17 knew each other, they all trusted each other, they were all
18 committed to the cause. They are probably the most
19 professional outfit in the history of the IRA. They had a
20 leader that had the power of life and death, so any
21 deviance from his discipline would be not tolerated. I am
22 quite certain, based on what I know about them, that they
23 would not risk so many men and so many munitions on a whim
24 at very short notice, would suggest to me that their
25 operation wasn't planned after the phone call at half ten;
26 that they had preliminary information that this meeting
27 potentially was going to take place. And my view and my
28 experience would be that they would do research, they would
29 monitor -- on the days leading up, they monitor
30 security-force movements, and so on, they would have
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 29
1 lookouts. Every possibility about the success of the
2 operation, the failure of the operation, how they were
3 getting the men away, how they were getting separated from
4 the weapons and any other forensic evidence, that would all
5 have been planned potentially in advance. And I would say,
6 on the morning of the operation, they would be placed on
7 standby to move at very short notice and I would say that
8 once they knew the two RUC officers were in Dundalk
9 station, then the operation would be a go and that they
10 would have their lookouts out from early morning, watching
11 security-force movements, and so on. So that's the way I
12 would expect that team to operate and that is the way they
13 always did.
14 134 Q. The suggestion or the allegation that they got help from a
15 member of the Gardaí, do you think that that is possible or
16 not?
17 A. I do think it is possible, yes, but I wouldn't --
18 135 Q. But you have no information?
19 A. But I have no information to that and I wouldn't put my
20 statement any stronger.
21 136 Q. Why a member of the Gardaí, as a matter of interest?
22 A. Well, within the RUC, there were --
23 137 Q. Why a police officer, shall we say?
24 A. Well, within the RUC, there were people, rogue police
25 officers, and I dealt with some of them with a team who
26 were involved in murder, and we prosecuted them, and so on,
27 and it stands to reason that, within an organisation the
28 size of An Garda Síochána, that there would be rogue
29 officers, but I had heard, and I can't put it any stronger,
30 I had heard concerns expressed about Dundalk police station
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 30
1 and...
2 138 Q. What were the concerns that you had heard?
3 A. Well, the concerns that some people were working with the
4 IRA were involved in -- in 1982 I was put in charge of the
5 Anti-Racketeering Squad and remained there until '87. We
6 investigated all sorts of paramilitary finance, about how
7 they financed importations of arms, how they financed
8 paying volunteers on the run, and so on and so on, so the
9 whole financial structure of all terrorist organisations,
10 including the Provisional IRA, and we obviously examined
11 what was happening in south Armagh along the border, about
12 smuggling, and so on, and our information and our inquiries
13 would suggest that there were Garda officers assisting some
14 of these IRA people in their criminality. It is a short
15 step to being advised by local RUC people along the border
16 that there were officers also involved in helping the IRA
17 in terrorism, because the two -- the groups in charge of
18 smuggling and terrorism were exactly the same.
19 139 Q. What did you do with this information? What was the
20 process to deal with it?
21 A. Well, sorry, intelligence about Garda?
22 140 Q. Yes, if you got intelligence, in the course of you
23 investigating criminality, along with anti-racketeering,
24 what did you do with the information that might be picked
25 up?
26 A. Well, we were working with specialists from London and we
27 investigated all these sources of information, and, as a
28 result of our findings and submissions to legal people,
29 there was legislation introduced changing a number of
30 things, about how banks operated, for instance, and about
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 31
1 how the building industry operated and about registering
2 taxis. So it was a very substantial operation. And I
3 would think, after a number of years, we probably had a
4 very comprehensive picture of the link between criminality
5 and terrorism.
6 141 Q. And I think that that brings us to another witness that has
7 been before the Tribunal, a Mr. Kevin Fulton.
8 A. Yes.
9 142 Q. I think that you knew of him and had some authority over
10 him?
11 A. Yes, '95/'96, something like that, I was approached by a
12 detective sergeant and wanted me to meet with an -- this
13 informant he had cultivated.
14 143 Q. He has given evidence already, so I think we all know who
15 you are referring to, without mentioning his name.
16 A. Yes. I can give his number.
17 144 Q. I think it is Witness 71?
18 A. Yes, Witness 71. I gave him permission to meet with
19 Fulton, and the two issues discussed were a big fraud in an
20 Irish business and a Mafia operation involving computers in
21 London, and I gave my officer permission to work with
22 Fulton on those two inquiries, as long as he involved
23 himself with a group called C12, who were the remnants of
24 the Anti-Racketeering Squad. So he worked with them and
25 did a lot of his work in London, and so on. They were two
26 very highly successful operations. From my recollection,
27 there might have been £34 million worth of fraud uncovered.
28 And so that is the extent of my involvement with Fulton,
29 that meeting and then briefings from Witness 71 about those
30 two operations.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 32
1 145 Q. Yes. And they were successful operations, obviously?
2 A. Wonderfully successful, yes.
3 146 Q. Can I -- without revealing what the operations were any
4 further, were they connected to terrorism or were they just
5 criminal operations?
6 A. Purely criminal. My view is that there wasn't any
7 paramilitary involved in either investigation.
8 147 Q. Yes. In those?
9 A. Yes.
10 148 Q. And I presume that you would have had dealings in those
11 days, you would have had dealings with the guards, as well,
12 who were establishing their own racketeering --
13 A. Yes, in fear of all that is said, I would like to put what
14 I have said in context. The best detective in the history
15 of policing in Ireland is a Detective Sergeant in the
16 guards. I worked with the guards on a number of drugs
17 investigations, a murder in Salthill, Brendan Smyth
18 investigation and numerous other operations. I found all
19 the men I worked with to be wonderful, honourable,
20 committed, good men, and I would certainly have trusted
21 them with my life, and some of them I would class as good
22 friends. So I want to put in context, I have great
23 admiration for An Garda Síochána, and the men I worked with
24 were magnificent.
25 149 Q. You mentioned that on the second occasion in Narrow Water,
26 that you didn't meet Detective Sergeant Corrigan?
27 A. No, sorry, I have no recollection.
28 150 Q. That is fair enough, yes.
29 A. My strong memory is the disappointment of the forensic
30 team, and that dominated my whole thinking about that.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 33
1 151 Q. Did you have any further dealings with him?
2 A. No, I didn't. Not to my knowledge.
3 152 Q. Did you ever have to meet with him or did you know anything
4 about him?
5 A. No, I don't, no.
6 153 Q. I think you said something that was a little bit critical
7 of Mr. Corrigan in your statement, and I am just wondering
8 have you changed your mind about that?
9 A. Sorry, could you give me...
10 154 Q. You were a little bit critical in one of the matters that
11 you mentioned in your statement about Mr. Corrigan, and I
12 --
13 A. Sir, would it be possible for me to read the thing without
14 making reference to it?
15
16 CHAIRMAN: Of course.
17
18 155 Q. MRS. LAVERTY: It could be that you have changed your mind
19 about saying it. (Statement handed to witness.) Page 3, I
20 think.
21 A. No, sorry, I -- when I was talking about being in charge of
22 the Anti-Racketeering Squad and looking in south Armagh at
23 sources of finance and smuggling and so on, certainly
24 Mr. Corrigan's name would have been one of the names
25 indicated to us as being a person that was involved in some
26 of this activity.
27 156 Q. In smuggling?
28 A. In smuggling, yes.
29 157 Q. And did -- who would have been or privy to that
30 information?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 34
1 A. Well, local contacts down round the whole border region.
2 Like, we -- the border for us extended from north
3 Londonderry right down to east Down. So we worked all of
4 those areas and particularly around Armagh and so on and
5 Newry.
6 158 Q. On what scale were the allegations or the information made
7 about --
8 A. No, no specifics, just references: Don't have any dealings
9 with the guards down there, that Corrigan is a bad guy and
10 he is involved with these people and don't share any
11 intelligence with him about these smuggling operations and
12 so on. So, nothing stronger than.
13 159 Q. So when there would be concerns that he was involved with
14 those people, who do you mean by those people?
15 A. Well, the whole of south Armagh was organised by 'Slab'
16 Murphy; terrorism, smuggling. Even today I would suggest
17 that no smuggling takes place along that area without his
18 express agreement, and I think people have been killed in
19 recent times because they disobeyed that agreement or
20 breached the agreement. But certainly in those days, he
21 was in control of everything that happened by way of
22 terrorism, by way of smuggling, by way of criminality along
23 that and in that area.
24 160 Q. Yes. I am just -- my attention has been brought here to an
25 extract from the Serious Incident Log in the Narrow Water
26 murders, and it is just that there is a reference on the
27 6th of the 10th, 1979, which says that "the forensic report
28 received from the Garda in relation to Burns and Brennan
29 suspects in this case was discussed in full." That was in
30 October 1979. Does that accord to your recollection?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 35
1 A. Yes, that would be probably the time unofficially we were
2 given a copy of that report.
3 161 Q. I see. Thank you.
4
5 MRS. LAVERTY: Thank you very much.
6
7 CHAIRMAN: Mr. Durack.
8
9 THE WITNESS WAS CROSS-EXAMINED BY MR. DURACK AS FOLLOWS:
10
11 162 Q. MR. DURACK: Good day, sir.
12 A. Good day sir.
13 163 Q. My name is Michael Durack, and I appear on behalf of
14 An Garda Síochána, and I just have a few questions for you,
15 if I may.
16
17 Could I give you a copy of some papers that we have
18 received from the RUC - (papers handed to witness) - or at
19 least were generated by the RUC that we have received from
20 the PSNI. I think that item I have opened for you there is
21 headed "Murder of Army Personnel - Serious Incident Log."
22 A. Right.
23 164 Q. And I think you will find that just when I am referring to
24 page numbers, that in the bottom left-hand corner, sideways
25 on, there is a very faint number 34, do you see that on the
26 bottom left corner, faint, very faint in fact?
27 A. Yes. Oh, yes.
28 165 Q. Could I draw your attention -- I think that the incident,
29 the Narrow Water explosion occurred in the afternoon of the
30 27th, isn't that right?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 36
1 A. Yes.
2 166 Q. I think the second explosion was sometime after five
3 o'clock, or thereabouts?
4 A. That's right, yes.
5 167 Q. Because here now it is recorded that "On the 28th of August
6 at 11:30 a.m. Chief Superintendent and Detective Inspector
7 visited the Garda Síochána at Dundalk. From there both
8 members went to the scene of the fatal shooting in County
9 Louth. Both members, with the cooperation of the Garda,
10 examined and recorded the scene while the body of Michael
11 Hudson was still present. Chief Superintendent Flaherty,
12 Superintendent Kearney and D. Sergeant Corrigan."
13 A. Yes.
14 168 Q. That does appear to be giving senior members of the RUC
15 fairly immediate access to the scene?
16 A. But that was a different scene. Hudson was killed away
17 from the field where the bombs were detonated from. So
18 that is a different scene. I would say that was 6, 700
19 yards away.
20 169 Q. It doesn't particularly say that, but in any case. And
21 Mr. Hudson, I think, was a young man in fact who lived in
22 one of the royal palaces and who was shot through the head,
23 isn't that right?
24 A. That's right, yes.
25 170 Q. And it appears that in the confusion after the -- I suppose
26 the way it would be accounted for, that after the first
27 explosion, the confusion that arose after that, that he was
28 a young man being at the other side of the water watching
29 what was going on and he appears to have been shot?
30 A. Yes.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 37
1 171 Q. And I think that also his cousin was also shot, I think?
2 A. Yes.
3 172 Q. But in fact not fatally, and I think somebody else, if I am
4 right. But in fact, it appears that the shooting appears
5 to have come from the northern side in any case?
6 A. Yes. Well, where the detonation point was, the gunmen
7 couldn't have possibly hit Mr. Hudson, so I think it is
8 generally accepted that the army shot him by mistake.
9 173 Q. And I think I am right or am I right in thinking that there
10 may have been in fact three locations where there were, if
11 you like, call them nests, I suppose, where the grass or
12 ferns, et cetera, were disturbed?
13 A. My recollection is about this one particular place now, and
14 my function was not to go into the scene. Only forensic
15 people were to go into the scene. My function was to go
16 over as the Exhibits Officer and representative of the
17 investigation. And once Witness 72 then started to look
18 and go into the scene, I stopped.
19 174 Q. Um-hmm. It appears then if you go over the page, that
20 there is a reference to --
21
22 CHAIRMAN: What page are you now talking about?
23
24 175 Q. MR. DURACK: Page 35. As I say, it is almost visible but
25 not quite. And there again there is a reference that: "At
26 11 a.m. on the 28th of the 8th, '79, Chief Superintendent"
27 - blank - "and Detective Inspector" - blank - "went to
28 Dundalk to liaise with Garda personnel regarding the
29 prisoners, Burns and Brennan, and also in relation to the
30 fatal shooting in their area. The Divisional Commander and
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 38
1 Detective Inspector spoke to Chief Superintendent Flaherty,
2 Superintendent" - Keeney or Kearney, I'm not sure which -
3 "and Detective Inspector Corrigan," - as he is there
4 referred to - "and visited the scene in County Louth where
5 the fatal shooting took place. Arrangements were made to
6 have this area mapped and photographed by RUC men, and this
7 has now been done."
8
9 So, again, there appears to have been access granted to
10 various senior members for them to map and photograph
11 whatever they wanted to see?
12 A. Well, Witness 68 I am sure can cover that. I am not in a
13 position to -- I was at the scene of the bombings and that
14 was my function, to...
15 176 Q. And I think it is recorded subsequently that those members
16 of the Garda Síochána who have been referred to visited the
17 scene in Northern Ireland?
18 A. Yes.
19 177 Q. "They have now left to carry out searches in their area for
20 possible firing points."
21 A. Yes.
22 178 Q. And I think again then, following on from that, it is
23 referred to a Detective Sergeant and a Detective Constable
24 going to Omeath on the 29th of August to continue liaison?
25 A. Yes. Sorry, Witness 68 I am sure can cover that, but I am
26 not in a position to cover that.
27 179 Q. And then on the 30th it is recorded that the Divisional
28 Commander and Mr. Breen, a Detective Sergeant and Detective
29 Constable and the forensic man, to which you have referred,
30 went to Omeath?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 39
1 A. Yes. Yes, that would be right, yes.
2 180 Q. "And Gardaí to visit the scene of possible firing point and
3 to liaise with senior Garda officers."
4 A. Yes, that they probably -- yes.
5 181 Q. That again would appear to suggest some very significant
6 cooperation within days of the incident?
7 A. Yes, that would be right, yes.
8 182 Q. And then over on page 38, under the time the 31st of the
9 8th, '79, it is recorded: "Action in the south: At 2 p.m.
10 on Wednesday the 29th of August, 1979, D. Sergeant and
11 D. Constable went to the Garda station at Omeath where they
12 had a conference with D. Sergeant Corrigan and Sergeant
13 Mulanny re incidents which had taken place on both sides of
14 the border on the 27th of August, 1979.
15
16 "At 3 p.m. on the 28th of August, 19" -- is it the 29th of
17 August, 1979?
18 A. Yes.
19 183 Q. "The D. Sergeant and D. Constable interviewed Barry Joseph
20 Hudson, who had been injured in the south by gunfire from
21 the north, and also his mother Mary Hudson. Both persons
22 were interviewed at Omeath 10 a.m. on Thursday the 30th of
23 August, '79. D. Sergeant Cooke and D. Constable contacted"
24 - I think it is McCabe - "Inspector McCabe at Dundalk and
25 arranged a visit of forensic team from the north to visit
26 the scene at Omeath."
27 A. Yeah.
28 184 Q. Then it is recorded that: "On the 30th of August, a named
29 D. Sergeant and D. Constable, accompanied by a Chief
30 Superintendent, a Detective Superintendent and a Sergeant"
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 40
1 - and the forensic man whom you mentioned - "went again to
2 Omeath Garda Station, where they met the Border
3 Superintendent McCabe. It was established that the Gardaí
4 had found a possible point from where the bombs could have
5 been detonated. Two cigarette butts and one empty orange
6 bottle had been found at the scene. These had been sent by
7 the Gardaí to forensics in Dublin. It was also established
8 the two persons detained by the Gardaí had now been
9 released on police bail on motoring offences. Their
10 clothing is at present at forensics in Dublin where it is
11 being examined. It was also established that the
12 motorcycle on which they were travelling when stopped is
13 still in Garda possession.
14
15 "The party then moved to the possible detonation point,
16 where it was examined by Belfast forensic. On looking
17 north from this point, a clear view of both bomb incidents
18 could be observed. The party returned from the south at
19 5:30 p.m.."
20
21 That again would appear to suggest that there was very
22 considerable cooperation at that stage?
23 A. Yes. We were aware of Witness 78 providing the report that
24 stuff was submitted to the forensic laboratory in Dublin,
25 yes.
26 185 Q. Then over the page, page 41, it is recorded: "3 p.m. 30th
27 of August, '79: D. Sergeant, D. Constable, a Sergeant" -
28 and again Witness 72 - "and another forensic person to
29 Omeath for re-examination of the possible detonation point.
30 Samples taken by forensics from the scene."
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 41
1 A. Yes.
2 186 Q. And then there is subsequent reference then to interviewing
3 various witnesses who had seen the motorbike, et cetera.
4 But that does appear to have been a very significant number
5 of visits back and forth within the three days after the
6 event?
7 A. Yes.
8 187 Q. It doesn't quite correspond with your suggestion that
9 access was being denied?
10 A. Well, as far as I am concerned and -- it was denied. It
11 wasn't a satisfactory arrangement, and one would have hoped
12 that from the outset immediately after the explosions that
13 there would have been a meeting of minds and a joint effort
14 to investigate the --
15 188 Q. Well, is that really fair, on the basis that this is the
16 RUC record, and it appears to suggest that they were toing
17 and froing from early the following morning?
18 A. Well, I would think the forensic person can -- my function
19 was at the scene, and my recollection is that the first
20 time we got access was three days into the investigation.
21 189 Q. So your view, I suppose, is coloured by what he said to you
22 rather than what you know yourself; you weren't aware of
23 this log, were you?
24 A. No, I wasn't, no.
25 190 Q. No. There also is recorded there at page 41, the last
26 three lines of it, that again the D. Sergeant and
27 D. Constable had a conference at Omeath Garda Station with
28 Inspector Mc - I have forgotten what his name was - McCabe,
29 sorry. Now, just in relation then to what you have said,
30 and there will be evidence in due course about it, but I am
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 42
1 afraid the witness is unable to be here today. But one of
2 the scenes of crime people who attended at the scene in the
3 south was a D. Sergeant Patrick Ennis, and there is a
4 record from the Forensic Science Bureau in Dublin that he
5 brought some 38 items or exhibits on the 29th of August,
6 1979, to the Forensic Science Laboratory, and in fact it
7 includes in that then or at least following on from that
8 was a number of eight exhibits which appear to have been
9 taken from the Newry side of Narrow Water by that scenes of
10 crime officer, which were also sent to the laboratory?
11 A. Could that have been weapons fired by the soldiers, I am
12 not quite certain?
13 191 Q. The items from the north side?
14 A. Yes.
15 192 Q. No sample of fern, sample of moss, sample of elder bushes,
16 sample of soil, ferns, broken piece of bush, sample of
17 foliage from the path?
18 A. Well, the forensic scientist obviously is the person to
19 talk to about that.
20 193 Q. But it does appear at least that those things were
21 available to go to the lab on the 29th of August?
22 A. Yes.
23 194 Q. And then it is recited then that on the 30th of August that
24 he provided to the laboratory various samples taken from
25 the motorcycle upon which the two men were arrested,
26 various samples taken from a car that had been examined,
27 and that -- sorry, I will just get to the end of that line.
28 It appears that they were examined by Mr. Liam Fleury, the
29 forensic scientist in Dublin. And it appears that there
30 were a total of 74 items examined with that batch; that
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 43
1 there were -- and there were further samples taken. But
2 the ultimate, I think, outcome of it was that while there
3 were traces of ammonia nitrite available traced from both
4 men's hands, that one of them was a farm labourer and could
5 explain it on that basis, in dealing with fertilizer?
6 A. Yes.
7 195 Q. Equally while there was some suggestion that he may have
8 recently fired a shot, that equally that was potentially
9 explainable by firing a shotgun as a poacher or whatever?
10 A. Yes.
11 196 Q. And I think then in relation to the cigarette butt, I think
12 it turned out to be a Carroll's Major cigarette?
13 A. That is right, yes.
14 197 Q. And I think they're smoked by or they were at the time at
15 least smoked by so many people that it proved...
16 A. Of course, yes.
17 198 Q. But I think it transpired that notwithstanding that there
18 were a very large number of samples taken on this side of
19 the border and examined, that in fact there was nothing
20 that would have been compelling evidence --
21 A. Of course.
22 199 Q. -- found?
23 A. Yes, I am sure Witness 78 has covered that in his report.
24 I think from the CID point of view, actually to interview
25 the suspects probably could have satisfied our mind in
26 relation to the potential of this, and then discussions
27 with forensic scientists would have, at the end of the day
28 would have determined whether there was sufficient evidence
29 forensically.
30 200 Q. Well, you can appreciate that there would have been some
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 44
1 difficulty about jurisdiction in terms of your right to
2 interview anybody down here?
3 A. Of course. That is why approaches were made, and
4 apparently at the meetings in Dublin, various possibilities
5 were discussed as to what way interviews could potentially
6 take place.
7 201 Q. But you weren't at those meetings anyway?
8 A. No, I wasn't, no.
9 202 Q. But I think the difficulty that does arise in relation to
10 investigating all scenes of crime, is that the local
11 constabulary, whatever its jurisdiction, has to maintain
12 control of the scene, because if there is going to be
13 anything arising in the way of a prosecution, they have to
14 have -- be able to cover the chain of evidence?
15 A. Well, there are different degrees of control. You can in a
16 sense be in control and give access to other people or you
17 can determine that you are going to deal with the scene
18 yourself on behalf of your own organisation, and maybe
19 that's what the guards did.
20 203 Q. But I take it that the preferred view would always be that
21 you would deal with your own scenes?
22 A. Yes, indeed, yes.
23 204 Q. And that that way then you have control of the
24 investigation, you equally have control of the witnesses
25 and can ensure that they turn up?
26 A. Yes, but the problem was obviously the border was the
27 issue, where the people were killed on the northern side
28 and obviously the detonation point was in the southern
29 side. And, yes, that obviously caused serious operational
30 problems.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 45
1 205 Q. I think then if you go to page 48 of that log, there is a
2 big chunk of it redacted, but on top of it, it says dated
3 the 24th of September, 1979, it says: "From the Garda:
4 Ammonia nitrite has been found on the clothes of Byrnes and
5 Brennan."
6 A. Yes.
7 206 Q. Do you see that?
8 A. Yes.
9 207 Q. And then subsequently on the 29th, it is recorded that:
10 "From D. Sergeant Corrigan, Dundalk. The registered number
11 of Burns' car is" - and it is provided - "Hillman Hunter.
12 The cigarette butt at the scene has been examined and it is
13 almost 90 percent certain it had been smoked by Burns. The
14 Garda have almost completed their file on the incident and
15 have asked when ours will be ready."
16 A. Yes.
17 208 Q. I think just in relation to that "90 percent certain that
18 it had been smoked by Burns," I think it was found that --
19 A. He smoked those particular type of cigarettes, yes.
20 209 Q. I appreciate that, but in relation to the individual one, I
21 think it was found, the state of science being at the time,
22 that he was a secretor, but also I think over half the
23 population were, so that this wasn't of any great
24 assistance in tying it down, other than the fact that that
25 was his normal brand.
26
27 And then you have been referred to the reference on the 6th
28 of October, the following day, that at "a conference in
29 Newcastle that the forensic report received from the Gardaí
30 in relation to Burns and Brennan suspects in this case was
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 46
1 discussed in full."
2 A. Sorry, would you be offended if I referred you back to 045
3 dated the 6th of September, 1979?
4 210 Q. No, not at all.
5 A. Where the DI, who would be Witness 68, expressed the
6 following, it is written as follows: "The DI also spoke of
7 his meeting with Witness 72 at forensics. The DI related
8 complaints of how when he returned to the scene in the
9 south the Garda had not preserved the scene and were
10 extremely uncooperative. He stated in his opinion they
11 were being obstructive. He suggested the team go over and
12 search for the transmitter or decoder. He suggested this
13 is highly unlikely" - sorry - "suggests that its highly
14 likely of being thrown away after the explosion."
15
16 So it gets back, forgive me, to my point about that there
17 was, in my view, a fair amount of obstruction and
18 uncooperation.
19 211 Q. This witness has certainly said it, and as I say, as you
20 weren't there for it, so I didn't ask you about it.
21
22 MR. ROBINSON: I am sorry, Mr. Chairman. My Friend,
23 Mr. Durack, has spent some time highlighting points of
24 cooperation, and when the witness has highlighted an
25 incident of where guards were not cooperating, he has
26 brushed past that and has decided not to address that point
27 with this witness. Now, if we actually go back to the
28 remnants of that extract, there is a further sentence, and
29 I believe that should be read into the record also.
30
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 47
1 A. Oh, yes. Sir, with your permission? 2
3 CHAIRMAN: Yes. If there is anything, Mr. Robinson, that
4 you feel is relevant, I am sure you will raise it in your
5 cross-examination.
6
7 MR. ROBINSON: I am obliged, Chair.
8
9 A. "The forensic scientist" - who is Witness 72 - "states that
10 he asked Garda for their help in this search" - and that
11 was the search for the transmitter - "but it was denied,
12 the request."
13 212 Q. MR. DURACK: I see. Now, as I say, because you weren't
14 involved yourself, that is why I didn't ask you about it.
15 But at this stage we are dealing about the 6th of
16 September, that when the conference is held and the
17 complaints were made. Now, we know that the incident
18 happened on the 27th of August?
19 A. Yes.
20 213 Q. And it certainly appears that the scene had been
21 forensically examined by the Garda authorities and that
22 various samples were up in the lab before the end of
23 September. That's what the records appear to show?
24 A. Right.
25 214 Q. You would not have expected a scene to be preserved for
26 much longer, would you?
27 A. Certainly had the guards been cooperating with the
28 investigation team in the north, I think that at least a
29 conference should have been granted the following morning
30 and a lot of matters about scene examination, potential
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 48
1 forensic evidence on the suspects, could have been shared
2 at that stage. But certainly, when I went over with the
3 forensic scientist three days after the incident, I was
4 very surprised to see what I would have classed as
5 potentially very, very important forensic evidence still
6 lying about.
7 215 Q. Well, you now know that, as I say, that senior RUC men had
8 been across on the morning following the incident and had
9 been across on a number of subsequent occasions; that it
10 wasn't the case that they weren't being dealt with?
11 A. Well, that appears to be the cares, yes.
12 216 Q. Doesn't that appear to be the case?
13 A. It appears to be the case.
14 217 Q. And amn't I right in also thinking that - if you take my
15 word for it - that in fact all these various samples went
16 to Dublin and were in Dublin before the end of the month,
17 that when one is examining a scene, one takes what is
18 obvious first?
19 A. Yes.
20 218 Q. And then subsequently that it would be necessary because of
21 the amount of foliage here to actually cut the foliage and
22 conduct a fingerprint, sorry, a finger search, a hand
23 search?
24 A. Yes.
25 219 Q. To actually go through the whole area?
26 A. Yes.
27 220 Q. And there would be nothing unusual about that?
28 A. No.
29 221 Q. And it may be that you presumed something otherwise but --
30 A. No, I would have thought that once an arrangement was made
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 49
1 with our forensic scientist three days into the
2 investigation and he requested that the scene be preserved
3 overnight, that that would have been honoured, and it
4 wasn't honoured, and our forensic people were dismayed by
5 that breach of the agreement. I saw their dismay the
6 following morning. When they decided not to carry out a
7 forensic examination the following morning, I would say
8 that was their expertise saying there was no point in doing
9 so.
10 222 Q. Well, it may be that they may not have been aware of what
11 had been done already by the Gardaí?
12 A. But there were items lying about, and I am not a forensic
13 scientist, I would have thought should have been secured
14 evidentially.
15 223 Q. Well, would you mind --
16 A. And that wasn't the case.
17 224 Q. Would you mind identifying what you think they were?
18 A. Well, my recollection --
19 225 Q. You were there on this occasion?
20 A. I was, yes. My recollection is there might have been a
21 cigarette and some food.
22 226 Q. Well, we know certainly there was a cigarette butt
23 examined?
24 A. Yes. And I think maybe a bottle with liquid in it.
25 227 Q. And that there was a bottle examined?
26 A. Yes. And I would have thought that our forensic scientist
27 in the first visit would have been fully briefed about what
28 had happened, that would have seemed logical to me; that
29 someone would have said: Look, we have done the following.
30 If you are coming back, that's where we are at in the scene
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 50
1 investigation. And I would have thought that had the
2 guards allowed access, as you say yourself, the guards
3 would want to remain in control of that scene. If they
4 give access to a forensic scientist from Northern Ireland,
5 one would assume that they had decided that the scene had
6 been fully examined, and I would have thought that they
7 would have made that quite clear to the forensic scientist
8 on the first visit. In the spirit of cooperation I would
9 have assumed that would happen.
10 228 Q. Well, as I say, the records that are there appear to
11 suggest that there was very significant cooperation. I
12 appreciate there is an expression of annoyance on behalf of
13 the scientist. It may be that he was operating under --
14 that he was misunderstanding what the position was?
15 A. Well, I'd be very surprised if this particular witness
16 misunderstood anything about the scene of an explosion. He
17 is a recognised expert. And it clearly states here that
18 the scene wasn't preserved and that the Garda were very
19 uncooperative. That is my recollection of what happened
20 over that period.
21 229 Q. I am not being unfair to you, what is being recorded here
22 is that he is complaining that the guards --
23 A. Yes, yes.
24 230 Q. It is his complaint?
25 A. It is his complaint that I listened to, yes.
26 231 Q. Yes. And I think there is -- there was a report prepared
27 by DI -- by the local DI who was in charge of the
28 inspection. And I think if you look at page 9 of the
29 bundle, I think in his initial report --
30 A. Sorry, that vague number at the bottom left?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 51
1 232 Q. The vague number now on the bottom right.
2 A. Oh, right, sorry.
3 233 Q. It is 009.
4 A. 009.
5 234 Q. It is the conclusion of a report. Have you found it?
6 A. No, forgive me, I haven't, no.
7 235 Q. Oh, sorry, it also said in fact on the top right-hand
8 corner, there is a number 9, but it just happens to be the
9 number, coincidentally, of the page of the report.
10
11 CHAIRMAN: What page are you referring to, Mr. Durack?
12
13 236 Q. MR. DURACK: I am referring to page 9 in this bundle, just
14 nine pages in. It looks like that.
15 A. Sorry, I was further into it. I am with you now, yes.
16 Yes.
17 237 Q. That is a report of the investigating officer.
18 A. Yes.
19 238 Q. And there he deals with it at page 25, sorry, at the bottom
20 - sorry, at paragraph 25, just basically the whole
21 paragraph on the previous page: "I feel that this report
22 would be incomplete without some comment on the link with
23 the Garda inquiry. In effect, we cannot connect the
24 motorcycle with Burns, who purchased it through an innocent
25 party. The Garda can't connect the motorcycle with the two
26 suspects with what is thought to be the alleged detonation
27 point on the southern side. However, from this end we are
28 not in a position evidentially to say that Brennan and
29 Burns played any part in the detonation of any bombs on the
30 northern side. The evidence we have is, to say the least,
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 52
1 tenuous, and one has to be speculative and, indeed,
2 imaginative to connect these two men. This problem is, to
3 say the least, accentuated by the fact that the Garda
4 stopped the two men on the motorcycle simultaneously with
5 the second bomb going off. We can thus assume that they
6 were assisted in the detonation of the second bomb. The
7 only major step we can take to be conclusive in our case is
8 if we could interview Brennan and Burns in the north and
9 obtain from them statements of admission.
10
11 "Covert observations using military sources have been set
12 up in proximity to their homes just in case these men
13 return north in the intervening period."
14
15 So essentially what is being said there, I think, is that
16 there is no real evidence, and that the only hope would be
17 an interview in which admissions would be made?
18 A. I would like to relate this report, it's dated 9th of
19 October, 1979, I would like to some way link it to when the
20 unofficial report was made available. Now, if it was made
21 unofficially and there was an agreement that none of the
22 content would be used evidentially or that the source of
23 any reference to it would not be made in the file, then
24 that evidence doesn't exist because it is not available.
25 I'm not a forensic scientist, so the merit of the -- the
26 value of the forensic case would have to be a matter for a
27 forensic scientist.
28 239 Q. I agree. I am really saying that the investigating officer
29 appears to be assessing the case and not --
30 A. He is assessing that perhaps, and it is only an opinion on
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 53
1 the basis that no formal forensic report was provided that
2 he could present to a legal authority in Northern Ireland
3 to suggest that there was a forensic case against the
4 suspects. It could be possibly be that. He will in a
5 position to answer that, but it could possibly be one
6 possible explanation why he is saying that.
7 240 Q. That is dated, what did you say it was dated?
8 A. It purports the 9th of October, 1979.
9 241 Q. The 9th of October. In fact, the reference I gave you in
10 relation to the discussion of the forensic report occurring
11 in Newcastle was on the 6th of October?
12 A. Right.
13 242 Q. But, in any case, that appears to have been the state of
14 things at that stage.
15 A. Yes.
16 243 Q. I think the file was reviewed in September of 1995 by - who
17 was then a Detective Inspector - Alan Mains. Are you aware
18 of that?
19 A. Yes, indeed, yes.
20 244 Q. And I think he makes no adverse comment on this certainly
21 in relation to the investigation conducted by the Garda?
22 A. No.
23 245 Q. Sorry, I am just trying to find another point. I think
24 subsequently there was another report done by Mr. -- sorry,
25 the investigating officer, the Detective Inspector or
26 Detective Chief Inspector, as he had become by then.
27 A. Yes.
28 246 Q. On the -- it appears to be undated, I thought I had a date
29 for it. And at page 18 of that report, at paragraph 62,
30 summing it up he says: "It would be of vital importance
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 54
1 that we interview Brennan and Burns in Northern Ireland
2 regarding their part in the offences. The available
3 evidence at this time is insufficient to even ponder an
4 extraterritorial offence without the interview. There are
5 obviously a number of pertinent questions to be asked of
6 them in view of the excellent work carried out by the Garda
7 at the original detention. A year has almost elapsed since
8 the incident and our interest in Brennan and Burns has
9 receded. Perhaps the near future will be a good time to
10 reinitiate some form of action in an effort to detain them
11 visiting their home areas in Northern Ireland. I am most
12 optimistic regarding the outcome of an interview with them
13 and feel that the long wait may indeed be justified by the
14 results achieved."
15
16 So essentially, again, at that stage --
17 A. Sorry, can I ask you what the date of that report is,
18 please?
19 247 Q. That is what I was trying to put my hand on. It's the 6th
20 of August, 1980, apparently.
21 A. Right.
22 248 Q. Certainly he, at that stage, has certainly no complaint
23 about the Garda assistance provided. And I think, you,
24 yourself in any case, as you very fairly said, have done a
25 lot of work with the guards down south and you never had
26 any trouble with them?
27 A. No.
28 249 Q. And that in fact you never had any particular reason to be
29 concerned about Dundalk or anywhere else that you were
30 dealing with?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 55
1 A. Sorry, I don't know whether I quite said that. I said that
2 in my dealings with any officers that I worked with, I had
3 no concerns about them.
4 250 Q. You did, however, mention that you heard rumours or
5 whatever about Detective Sergeant Corrigan when you were in
6 Racketeering?
7 A. Yes. Well, there were more than rumours. We investigated
8 issues of smuggling, sources that finance the south Armagh
9 Provisional IRA.
10 251 Q. And did you find anything?
11 A. Our primary concern was not with leaks from anyone, our
12 primary concern was to understand how these schemes were
13 working; who was involved, how much money was involved and
14 what steps could be taken to close these schemes down.
15 That was my function.
16 252 Q. I appreciate that.
17 A. And to actually look to prosecute someone, because the
18 suggestion that they had acted improperly with these people
19 was not my remit.
20 253 Q. No, I appreciate that. That wasn't your principal point?
21 A. No.
22 254 Q. You have told us already that in the course of your own
23 dealings you had to deal with rogue RUC men --
24 A. Yes, of course.
25 255 Q. -- from time to time?
26 A. Yes.
27 256 Q. But I am just wondering that if you did come across what
28 you thought were more than rumours connecting Sergeant
29 Corrigan with terrorism, what did you do about it?
30 A. Well, I am aware that certain very senior people had
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 56
1 concerns about this officer and it was up to them to sort
2 of negotiate something with the Commissioner. I was too
3 low a rank to get involved in politics like that.
4 257 Q. Oh, I am not suggesting that you should have got involved
5 in politics, but I am wondering did you consider it
6 appropriate to make a report on up to your superiors?
7 A. I don't think so in relation to the racketeering because I
8 had a very, very specific function, and to get involved in
9 broadening that.
10 258 Q. Well, I suppose if you thought you were -- that whatever
11 conduct was being done was being carried out by Sergeant
12 Corrigan, if you thought that that was likely to place
13 police lives in danger or -- that you would have in fact
14 done --
15 A. Oh, yes, if police lives were in danger, but I had no
16 information to that effect, that Mr. Corrigan was a threat
17 to life. I had no information whatsoever about that.
18
19 CHAIRMAN: Well, your information was relating to what --
20 A. To criminality, smuggling and working with other smugglers
21 in the area.
22
23 CHAIRMAN: Yes.
24
25 259 Q. MR. DURACK: And I don't know whether he was or he
26 wasn't --
27 A. Oh, I don't know either.
28 260 Q. -- that is not for me to say. But you are saying that he
29 had some suggestion -- he had some connection with people
30 who were smuggling?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 57
1 A. That was the information, yes.
2 261 Q. I see. But no more than that?
3 A. No more than that, no.
4 262 Q. And certainly, no suggestion that he was providing
5 information to the IRA?
6 A. None whatsoever.
7 263 Q. Because clearly that would have been a matter of great
8 concern to you?
9 A. That would be something I would have had to report, yes.
10 264 Q. Insofar as there was a question of it being dealt with by
11 senior men, were you aware that on the day after the murder
12 of Mr. Breen and Buchanan, that Sergeant Alan Mains, as he
13 was at the time, spoke to the Chief Constable?
14 A. No, I wasn't, no.
15 265 Q. And that he raised with him the question of Detective
16 Sergeant Corrigan and told him that Mr. Breen had expressed
17 concerns on the day of his murder about Sergeant Corrigan;
18 you weren't aware of that?
19 A. I have no knowledge of that, no.
20 266 Q. Because it appears, he tells us, that his -- Mr. Mains
21 tells us that having raised it with the Chief Constable, it
22 was immediately dismissed and that he was told that's being
23 looked into it, there is nothing to it or words to that
24 effect?
25 A. Well, from my point of view, had that information been
26 given, I would have imagined the Chief Constable would have
27 insisted that security arrangements be put in place to
28 facilitate the visit and make certain that everyone was
29 kept safe. I would have imagined that would be the case.
30 267 Q. Well, I don't think there was any question that the Chief
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 58
1 Constable had been told on the day of the murders, it is
2 just that the reference to Mr. Corrigan was to some time
3 previously?
4 A. Well, I have to believe that steps would have been taken to
5 secure the safety of the officers, I have to believe that.
6 268 Q. If there was any concern?
7 A. If there was concerns expressed like that, yes.
8 269 Q. Well, as you told us, issues like that did not cross your
9 mind?
10 A. No, I had great faith in the RUC officers I was dealing
11 with, and my own personal experience with An Garda, they
12 were magnificent men and I had a wonderful working
13 relationship with them over the years.
14 270 Q. Just in relation to the constant reference I think in the
15 reports that interviewing Brennan and Burns was the only
16 possible way of moving the investigation forward. I take
17 it you accept that of course there was no way that they
18 could be extradited on that simple basis, for questioning?
19 A. I remember a case in west Belfast, it was called the Good
20 Samaritan murder, and a man called Livingstone was
21 interviewed in Dublin by three RUC officers, and I would
22 suspect that that was in the late '70s. And Livingstone,
23 believing he was safe and out of the Northern Ireland
24 jurisdiction, made admissions and was subsequently brought
25 to Belfast and was convicted 35 years for the murder. And
26 I am not a legal expert, but that happened and it happened
27 quite legally. So I have to believe that had we
28 interviewed Brennan and Burns or had the guards interviewed
29 Brennan and Burns, secured admissions in either
30 jurisdiction, that it would have been possible to bring
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 59
1 them north or --
2 271 Q. Because -- sorry, go on.
3 A. Or possibly, I think that -- I am not certain, but there
4 was some arrangement that they could be prosecuted in
5 Dublin at some stage, yes.
6 272 Q. There was the Jurisdiction Act, that they could be
7 prosecuted down here?
8 A. We would have been delighted, and I would have been
9 delighted for An Garda Síochána, had the Mountbatten case
10 and the Warrenpoint case been successfully concluded.
11 273 Q. But they had, of course, been interviewed down here, and in
12 fact Mr. Corrigan was one of the interviewers, and nothing
13 had been gained in the interview?
14 A. Sorry, I am not going to make any comment on that.
15 274 Q. As I say, nothing was gained in the interview.
16
17 MR. DURACK: Thank you very much indeed. Thank you. If
18 you would answer any questions Mr. O'Callaghan.
19
20 CHAIRMAN: Mr. O'Callaghan.
21
22 THE WITNESS WAS CROSS-EXAMINED BY MR. O'CALLAGHAN AS
23 FOLLOWS:
24
25 275 Q. MR. O'CALLAGHAN: Good afternoon, sir. I appear for
26 retired Detective Sergeant Corrigan. I just have a number
27 of questions for you.
28
29 When I received your statement the other day, sir, I got my
30 solicitor to contact Mr. Corrigan to get his specific
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 60
1 instructions on his recollection of Narrow Water.
2 A. Yes.
3 276 Q. What I propose to do is just to outline to you his
4 recollection, and it is a matter that is
5 thirty-two-and-a-half years ago, and then just ask you some
6 questions on that, if that is okay?
7 A. Yes.
8 277 Q. Mr. Corrigan states that he obviously recalls the day but
9 that his involvement as a member of An Garda Síochána on
10 the day was that he was investigating the scene at which
11 Mr. Hudson had been killed, which is the waterfront scene?
12 A. Yes.
13 278 Q. He says that as far as he recalls he had no involvement of
14 being up at the detonation site, if I could call it that,
15 which I think you said is about 600 metres --
16 A. Yes, or so, yeah.
17 279 Q. And that his involvement throughout the number of days was
18 to the effect that he was solely down by the waterfront and
19 not up by the detonation site. That's the first thing he
20 says about it. Second, he says that he was not in charge;
21 he was a Detective Sergeant at the time. He says that
22 Chief Superintendent, I think his name is Keeney, was the
23 person who was in charge, and there were others who were
24 ahead of him?
25 A. Yeah.
26 280 Q. And they are the general recollections that he has. He
27 does not recall and does not believe that -- obviously I
28 didn't know your name, so I couldn't have put your name to
29 him, sir. But he does not have a recollection of meeting
30 individuals from the RUC up at the detonation site?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 61
1 A. Well, as I've said, that my function was to go across as a
2 representative of the investigation team. When I arrived,
3 we were - sorry, forgive me - we were told prior to going
4 by Mr. McCullough, the Divisional Commander, the person we
5 should ask for is Detective Sergeant Corrigan. And when we
6 arrived on that first evening, I said to a guard, "We have
7 to meet Detective Sergeant Corrigan." He stood aside and
8 indicated that we proceed. And there was a plain-clothes
9 officer there and I went straight up to him. I can't
10 remember whether there was a formal introduction, but there
11 was a handshake. My belief is, and I strongly believe that
12 was Detective Sergeant Corrigan. Now, my role at that
13 scene finished. It was a forensic scene and a forensic
14 scientist was going to look at it. My role was there if
15 they needed anything or if I needed to go back to the
16 investigation team or get the senior officer over, that was
17 my function. My function was solely to accompany the
18 forensic scientist to the scene.
19 281 Q. In fact, sir, I don't know if a huge amount turns upon
20 whether you are right or Sergeant Corrigan is right as to
21 whether or not he was there. But can I just clarify from
22 you, are you suggesting to the Chairman that Mr. Corrigan
23 in some respect organised for the ferns to be cut in order
24 to prevent the forensic team from having access to
25 evidence?
26 A. Well, I clearly saw the forensic scientist talking to this
27 plain-clothes officer, the man I believe is Sergeant
28 Corrigan. And he turned, and I was a few feet behind him,
29 and definitely there was an arrangement made that the scene
30 would be preserved to the following morning. And the scene
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 62
1 wasn't preserved.
2 282 Q. And that witness is Witness 72, is that correct, sir?
3 A. Yes.
4 283 Q. And I note, and I am not criticising you for this, and you
5 are giving your evidence very carefully; you are stating
6 that you believe that the man that Witness 72 was speaking
7 to was Detective Sergeant Corrigan?
8 A. I do believe that, yes.
9 284 Q. And would it be fair to say, though, that the person who is
10 in the best position to assess that is Witness 72 and,
11 indeed, Detective Sergeant Corrigan?
12 A. I believe that I was close enough to hear the conversation.
13 And when the uniformed guards indicated that we should
14 proceed, the one person that it seemed to me they were
15 indicating was -- Sergeant Corrigan was the person I spoke
16 to.
17 285 Q. You mentioned also in your evidence, sir, that the scene
18 had a lot of uniformed guards around it, is that correct?
19 A. There were uniformed guards, yes.
20 286 Q. And were they sealing off, were they sealing off the place?
21 A. Well, at that stage they were awaiting our arrival and they
22 were standing close to us, they weren't -- they didn't
23 appear to be doing guard duty or anything like that.
24 287 Q. Would you accept, sir, from some of the documents that
25 Mr. Durack opened to you, that clearly this was such an
26 important investigation, that people of the status of
27 Superintendent and Chief Superintendent were going to be
28 the ones who were running it?
29 A. Well, I was a Detective Sergeant and Witness 68 was a
30 Detective Inspector and we were running the inquiry in
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 63
1 Northern Ireland, so... Because of the Mountbatten
2 situation, there were issues obviously about availability
3 of men, I would imagine.
4 288 Q. Obviously I should formally put it to you, sir, that
5 Mr. Corrigan, to the best of his recollection, believes he
6 wasn't up there, but I think we know from the documents
7 that the date for that meeting would have been around the
8 5th of September, isn't that correct? Mr. Durack opened to
9 you a note of a meeting on the 6th of September.
10 A. Sorry, forgive me, could you just refresh my memory just
11 what that meeting was about.
12 289 Q. If we could ask you to go to page 45 of the booklet, sir.
13 That was the page that you referred to, sir. And just in
14 the middle of it, about seven lines down there it says:
15 "DI also spoke of his meeting with Witness 72 at forensic."
16 Now, that is the man you say spoke to Detective Sergeant
17 Corrigan, isn't that so, Witness 72?
18 A. Yes, Witness 72, yes.
19 290 Q. So the DI, who isn't Witness 72, is another person, related
20 up Witness 72's complaints about "when he returned to the
21 scene in the south the Garda had not preserved the scene
22 and were extremely uncooperative. He stated in his opinion
23 they were being obstructive. He suggested the team go over
24 and search for the transmitter or decoder. He suggests
25 that it is highly likely this was thrown away after the
26 explosion. Witness 72 says he asked the guards for their
27 help in the search but it was denied, his request."
28
29 So that is a record, sir, of an account given to DI blank
30 by Witness 72 on the 6th of September, 1979, isn't that so?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 64
1 A. Yes.
2 291 Q. So the meeting that you believe you had with Detective
3 Sergeant Corrigan, if this is what is being referred to
4 here, must have taken place around the 6th of September?
5 A. No, it took place, in my view, three days after the
6 explosions. I remember the weather was 80 degrees,
7 cloudless skies, and I was at the scene for days upon days,
8 and my recollection is it was three days after the
9 explosion.
10 292 Q. And you think that this record here refers to an event that
11 happened a number of days before this record is made, on
12 the 6th of September?
13 A. Well, I think this is a subsequent meeting, but I am quite
14 certain that the initial move across to the detonation
15 point occurred three days or four -- well, I think three
16 days after the explosions.
17 293 Q. Do you agree with me, sir, that there is no reference on
18 that page 45 there suggesting that W72's particular concern
19 and complaint was with Directive Corrigan?
20 A. Yes.
21 294 Q. Detective Corrigan isn't mentioned in that complaint at
22 all?
23 A. I think without specifically referring to the meetings
24 Witness 72 had in Dublin, that there were issues arose that
25 perhaps suggest that Mr. Corrigan was under instructions
26 from a higher authority how to deal with the scene.
27 295 Q. Can I just say to you again and I asked Mr. Corrigan's
28 instructions on this, and he said he had no hand, act or
29 part in having cut down or instructed anyone to cut down
30 ferns?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 65
1 A. Well, I'm not making a specific allegation that he had.
2 296 Q. And I think that in fairness to you that is so. Are you
3 alleging, sir, that these ferns, and you may not be
4 alleging this in the slightest and forgive me if I am going
5 too far on this: Are you alleging that the ferns were cut
6 down as part of an act of collusion between the Gardaí and
7 the perpetrators of these murders?
8 A. I am alleging that had the guards been cooperating fully
9 with the RUC investigation, that this wouldn't have been --
10 the scene wouldn't have been interfered with, particularly
11 after an agreement was reached with the forensic scientist
12 from Northern Ireland that it would be preserved to the
13 following evening. Again, without going into too much
14 detail, I think issues will be referred to at these
15 meetings that indicate that this was maliciously done.
16 297 Q. And do I take it from that that you are suggesting that
17 this was an act of collusion as opposed to a lack of
18 cooperation by An Garda Síochána?
19 A. I couldn't say. All I'm stating very strongly is we were
20 bitterly disappointed that an agreement reached was broken
21 and that this damage was caused to the scene.
22 298 Q. Of course Detective Corrigan was involved in the inquiry in
23 respect of the killing of Mr. Hudson, because you told me
24 that, and that was confirmed by these papers that I
25 received from the Tribunal this morning just after you
26 started your evidence, sir. If I could ask you to look at
27 page 34 in the first instance?
28 A. Yes.
29 299 Q. And just at the main part there, it says: "At 11:30 a.m.
30 on 28th of August, '79, Chief Superintendent X and
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 66
1 Detective Inspector Y visited the Garda Síochána at
2 Dundalk. From there both members went to the scene of the
3 fatal shooting in County Louth."
4
5 Now, that is the scene where Mr. Hudson was killed, isn't
6 that right?
7 A. Yes, that's right.
8 300 Q. That wasn't the scene of the detonation?
9 A. No, it is about 600 -- something like 600 metres away or
10 so.
11 301 Q. The note continues: "Both members with the cooperation of
12 the Garda examined and recorded the scene while the body of
13 Michael Hudson was still present. Garda Chief
14 Superintendent Flaherty, Superintendent Kearney and
15 Detective Sergeant Corrigan."
16
17 So do you agree with me, sir, that that confirms what
18 Detective Sergeant Corrigan was saying, that he certainly
19 was at the scene where the shooting took place?
20 A. I don't know that, but I would say as a result of this
21 meeting I was then instructed to recover all the rifles
22 that the military had, both deceased and other officers or
23 military people that had arrived at the scene, to get them
24 examined. That was part of that inquiry into the killing
25 of Mr. Hudson.
26 302 Q. But doesn't this note record that the RUC officers went
27 with Gardaí, including Detective Corrigan, to the scene
28 where Mr. Hudson had been killed?
29 A. Sorry, there is no reference to -- oh, sorry, there is, at
30 the bottom, yes.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 67
1 303 Q. Okay. 2
3 CHAIRMAN: Could I interrupt you, Mr. O'Callaghan, without
4 interrupting your flow. Do you want to continue on,
5 because it is just one o'clock?
6
7 MR. O'CALLAGHAN: I think I will probably be a bit longer,
8 so I think we will stop for lunch, if that is okay with
9 you?
10
11 CHAIRMAN: I think I will rise and we will sit again at two
12 o'clock.
13
14 THE TRIBUNAL ADJOURNED FOR LUNCH.
15
16
17
18
19 20
21
22
23
24
25
26
27
28
29
30
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 68
1 THE TRIBUNAL CONTINUED AFTER LUNCH AS FOLLOWS:
2
3 WITNESS 69 CONTINUED TO BE CROSS-EXAMINED BY
4 MR. O'CALLAGHAN AS FOLLOWS:
5
6 304 Q. MR. O'CALLAGHAN: Good afternoon, sir, again. We had
7 looked just before lunch at page 34 of the RUC papers you
8 have. Can I now ask you to look at page 36, please.
9 A. Yes.
10 305 Q. And I am opening those parts which refer to Detective
11 Corrigan. And the second line states: "The Divisional
12 Commander and Detective Inspector X spoke to Chief
13 Superintendent Flaherty, Superintendent Keeney and
14 Detective Inspector Corrigan and visited the scene in
15 County Louth where the fatal shooting took place.
16 Arrangements were made to have this area mapped and
17 photographed by RUC men and this has now been done."
18
19 Would you agree with me that that only records Detective
20 Inspector Corrigan being involved in respect of the
21 shooting place in County Louth?
22 A. Yes, it indicates he was at the scene of the shooting, yes.
23 306 Q. And underneath that there is a reference to "Chief
24 Superintendent Flaherty, Chief Superintendent Keeney and
25 Detective Inspector Corrigan visited the scene in Northern
26 Ireland and have now left to carry out searches in their
27 area for possible firing points."
28
29 Again, it does not indicate that Detective Inspector
30 Corrigan is at the location of the firing point, isn't that
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 69
1 so?
2 A. It locates -- it states that he was at the scene of the
3 shooting, yes.
4 307 Q. Yes. Which is of Mr. Hudson?
5 A. Yes.
6 308 Q. Could I ask you then to go to page 38, Mr. Corrigan is
7 mentioned again. "At 2 p.m. on Wednesday 29 August 1979,
8 Detective Sergeant X and Detective Constable Y went to the
9 Garda station at Omeath where they had a conference with
10 Detective Sergeant Corrigan and Sergeant Mulanny re
11 incidents which had taken place on both sides of the border
12 on 27th August, 1979."
13
14 Would you agree with me that that doesn't record Sergeant
15 Corrigan being at the scene of the detonation?
16 A. There is no reference to that, yes.
17 309 Q. Yes. Could I now ask you to go to page 49, please, sir.
18 Or, sorry, can we go to 45 first, I have opened it before;
19 I will open it briefly again. Page 45. This is the
20 reference to where the Gardaí were being uncooperative. I
21 just wanted to refer to the sixth line from the bottom,
22 where Witness 72 says: "He stated in his opinion they were
23 being" -- sorry, just above that. "The Gardaí had not
24 preserved the scene and were extremely uncooperative. He
25 stated in his opinion they were being obstructive." He
26 refers to they there in the plural, isn't that so, sir?
27 A. Yes, indeed.
28 310 Q. And there is no reference in that note to W72 identifying
29 Detective Sergeant Corrigan as being an uncooperative or
30 obstructive guard, isn't that so?
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 70
1 A. That is so, yes.
2 311 Q. Can I now ask you to go to page 49, and this is dated the
3 29th of August -- the 29th of September, I think it is,
4 actually, '79, and states: "From Detective Sergeant
5 Corrigan, Dundalk. The reg number of Burns' car is AIB
6 8848, a Hillman Hunter. The cigarette butt found at the
7 scene has been examined and it is almost 90% certain that
8 it had been smoked by Burns.
9 The Garda have almost completed their file on the incident
10 and have asked when ours will be ready."
11 Would you agree with me, sir, that, on a reading of that,
12 that is an example of a detective sergeant in An Garda
13 Siochana providing assistance to the RUC in respect of the
14 Narrow Water murders?
15 A. Yes.
16 312 Q. And that detective sergeant is Detective Sergeant Corrigan,
17 isn't that so?
18 A. Yes.
19 313 Q. Do you know, sir, who cut the grass at the detonation site?
20 A. No.
21 314 Q. Do you know why that grass was cut?
22 A. Well, there was a suggestion, I think, the following
23 morning, that it was done to complete the Garda
24 investigation.
25 315 Q. And you are aware from documents and the notes opened to
26 you by Mr. Durack, that the Gardaí did manage to get
27 forensic items from the detonation scene that were examined
28 forensically, isn't that so?
29 A. Yes.
30 316 Q. And they sent them for forensic examination in Dublin,
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 71
1 isn't that so?
2 A. Yes.
3 317 Q. How, then, do you mind me asking you, can you say that
4 there is evidence of collusion on the part of An Garda
5 Siochana in this instance?
6 A. No, well I didn't agree that there was collusion. The
7 strongest statement I made was that there was an agreement
8 made with the Garda at the scene and that agreement was
9 broken. I am not, for one moment, suggesting collusion, or
10 anything else; all -- I am making a factual statement to
11 that effect.
12 318 Q. The only other witness who has -- sorry, two other
13 witnesses have suggested, and I know you are not suggesting
14 it, sir, but I just want to refer you to it, two other
15 witnesses have suggested some form of collusion in respect
16 of Narrow Water; they are Kevin Fulton and Kevin Myers.
17 Kevin Fulton's allegation of collusion in Narrow Water
18 relates to damage to a motorbike or damage to a firing
19 part, he says occurred. Did you ever hear anything about
20 that?
21 A. No.
22 319 Q. OK. I asked Mr. Fulton, when he gave evidence here on
23 Day 67, what did he hear about Mr. Corrigan's involvement
24 in Narrow Water, and he said: "Answer" -- page 15 -- "I
25 had heard that some of the evidence that was held by the
26 Garda was something to do with a motorbike, or something,
27 or a firing mechanism, or something, went missing after the
28 Garda had got the evidence." You never heard that, sir?
29 A. No.
30 320 Q. The only other witness to give evidence in respect of
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 72
1 alleged collusion was Kevin Myers, but I don't think I need
2 to put that to you. You said, sir, in your evidence, that
3 Witness 8 was at the Narrow Water scene in 1979, is that
4 so?
5 A. Sorry, yes, he was about. I am not quite sure what his
6 role was, but he knew -- he knew me and he knew the senior
7 investigating officer previously, and was there offering
8 assistance, yes.
9 321 Q. Was he the RUC officer who was involved in liaising with
10 the Garda Siochana?
11 A. Yes.
12 322 Q. Did he make any complaint to you about Owen Corrigan?
13 A. No.
14 323 Q. Witness 8 hasn't given evidence yet, but he has provided a
15 statement to the Tribunal, in which he said the following:
16 "Owen Corrigan could have set lots of policemen up over the
17 years, had he wanted. I trusted him and would still trust
18 him now. There were some who said that he was lazy, but I
19 always thought that those who accused him of that weren't
20 always the most dynamic themselves."
21 You have no reason to doubt Witness 8's account in his
22 statement of Owen Corrigan, do you?
23 A. I can't comment on that, no.
24 324 Q. OK. Were you involved at all, sir, in the 1995 re-inquiry
25 by Alan Mains into the Narrow Water killings?
26 A. Not officially. If -- from recollection, that Alan spoke
27 to me briefly about it.
28 325 Q. And presumably Mr. Mains would have had access to all of
29 the RUC file when he was going back through it?
30 A. Yes.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 73
1 326 Q. Did Mr. Mains ever mention to you anything about Detective
2 Sergeant Corrigan?
3 A. No, well I would imagine Alan Mains' brief in 19 -- that
4 second inquiry was to actually investigate the incident,
5 look for evidence and present the evidence to the DPP for
6 possible prosecution, and that would be his sole function.
7 Anything else would have been a distraction. And
8 certainly, I am aware that he recommended that Brennan be
9 charged with murder. So that was his sole function, to
10 investigate all -- and recover any evidence, investigate
11 all possibilities that might be of evidential value and
12 present the file to the prosecuting authority, which was
13 the DPP.
14 327 Q. And he never mentioned to you anything about Detective
15 Corrigan? Well, you would have -- obviously would have
16 seen his name?
17 A. No, he didn't, no.
18 328 Q. Are you aware whether he raised Detective Corrigan's name
19 with any of the other parties involved in the '95 inquiry?
20 A. I, without knowing, I would think it very unlikely. I
21 would think he had a specific function, which was recovery
22 of evidence, presentation of evidence to the DPP, and I
23 would think nothing else was of concern to him.
24 329 Q. The only reason I ask you is because Mr. Mains' evidence is
25 that, six years prior to 1995, he had allegedly been told
26 by the late Chief Superintendent Harry Breen that Harry
27 Breen had a concern about Owen Corrigan?
28 A. I have no knowledge of that.
29 330 Q. You said, and I don't want to be harsh on you, you said
30 some harsh things about my client during your evidence, but
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 74
1 I just want to clarify one thing, sir: you don't make any
2 allegation against Owen Corrigan suggesting that he was
3 involved in the -- in colluding with the Provisional IRA in
4 the murder of your two colleagues, Breen and Buchanan?
5 A. No.
6 331 Q. You did say, and it may have -- you did say to the
7 Chairman, and it may have been a throw-away comment,
8 reference to him being a bad guy or involved in smuggling.
9 I have to suggest to you that the basis for you saying --
10 making comments like that, is hearsay evidence that you
11 heard off others and gossip that you picked up over the
12 years, would you agree with that?
13 A. No, it was much more than that. Reference to Mr. Corrigan
14 in relation to smuggling covered my term as the head of the
15 Anti-Racketeering Squad in 1982 to 1987, and we
16 investigated very thoroughly the activities of the IRA in
17 criminality around the Louth/Monaghan border areas, and I
18 am saying that his name featured in some of the discussions
19 we had.
20 332 Q. I have to suggest to you that there is no documentation
21 supporting that contention, sir?
22 A. I would say you are right, yes.
23 333 Q. And I have to suggest to you that if it was that serious,
24 that you would have recorded it in writing and passed it up
25 to your superiors?
26 A. If I thought Mr. Corrigan's involvement with anyone was
27 posing a threat to the lives or safety of RUC officers, I
28 would have put that on paper and submitted it, yes.
29 334 Q. And I just want to put it to you, formally, without having
30 a row with you, but Mr. Corrigan vehemently denies that, in
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 75
1 any respect, he was a bad guy, whatever that is, or was
2 involved in smuggling. I just want to formally put that to
3 you.
4 A. Right. Thank you.
5 335 Q. And you don't have any evidence to dispute that?
6 A. None whatsoever.
7 336 Q. Just finally, sir, when were you asked to come to the
8 Tribunal to give evidence?
9 A. It was probably six weeks ago. I was following some
10 comments in the Belfast Telegraph, and I think what
11 prompted me to come was an Assistant Chief Constable in the
12 RUC said that he instructed these two officers not to
13 travel south, and, without being in a position to totally
14 refute it, I found it very disappointing and quite
15 alarming, and that encouraged me to take an account in the
16 proceedings.
17 337 Q. And you think that that statement by the former Assistant
18 Chief Constable was unfair because you think it was
19 unlikely that he said that to the two late officers?
20 A. Yes.
21 338 Q. Why do you think that the Assistant Chief Constable would
22 have said that to the Chairman of this Tribunal if you
23 think it is unreliable?
24 A. Well, I am saying it with deepest respect, but I have
25 been -- being asked for an opinion, I think that some
26 people have been circumspect with the truth and would have
27 provided more information of value to the Tribunal than
28 they have given, and I felt honour-bound to come down for
29 the sake of the families of these two good men, and I am
30 disappointed that other people didn't provide more useful
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 76
1 information to the Tribunal.
2 339 Q. And, just finally, sir, is it the case that you believe
3 that anyone who suggests that these officers were warned
4 not to come to Dundalk, that they were really giving
5 evidence to protect themselves as opposed to telling the
6 truth?
7 A. I can't really understand the motivation, but I would have
8 thought, out of honour to these two good men, that they
9 should have been more forthright and should have been more
10 forthcoming with the evidence I think some of them have
11 available.
12 MR. O'CALLAGHAN: Thank you very much, sir.
13
14 CHAIRMAN: Any other questions?
15
16 MS. O'SULLIVAN: No questions.
17
18 MR. ROBINSON: Very briefly.
19
20 THE WITNESS WAS CROSS-EXAMINED BY MR. ROBINSON AS FOLLOWS:
21
22 340 Q. MR. ROBINSON: Good afternoon, my name is Mark Robinson and
23 I am counsel for the PSNI. I wonder if I could ask you
24 some very brief questions.
25 A. Yes, indeed.
26 341 Q. Witness 72, when you worked with him at the site of the
27 Narrow Water bombings in 1972 at that stage, can you assist
28 the Tribunal by indicating how experienced were the -- how
29 experienced 72 was?
30 A. Sorry, forgive me, you are a long way away. Please forgive
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 77
1 me. Could you repeat that?
2 342 Q. I will repeat that, yes. It's a question in relation to
3 Witness 72.
4 A. Yes.
5 343 Q. At the time in 1979, at the scene of the Narrow Water
6 bombing, can you assist the Tribunal and indicate the
7 experience of Witness 72?
8 A. Yes, I would say Witness 72 had more than a national
9 reputation, I would suspect; I would suggest he probably
10 had an international reputation. He was an absolute
11 expert, and I doubt if you will find any officer within the
12 RUC would say anything other than that. A deeply
13 impressive man, very thorough, very professional, very
14 honest, and I can't think of one case where his findings
15 were seriously challenged and found to be deficient in any
16 way.
17 344 Q. And flowing from that, Witness 69, if he raised an issue
18 regarding the management of a scene, that was an issue to
19 be taken seriously?
20 A. Once he raised that issue with me, I knew that we were in
21 serious trouble with this investigation, bitterly
22 disappointed, and he is a very measured, calm, intelligent
23 man, and I was actually quite concerned with his reaction,
24 that he was absolutely disgusted, bewildered, and just
25 could not understand how this had happened.
26 345 Q. Yes. That was my next point, this was -- his reaction was
27 very out of character?
28 A. It was, yes.
29 MR. ROBINSON: I have no further questions.
30
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 78
1 CHAIRMAN: Thank you very much. Mrs. Laverty?
2
3 MRS. LAVERTY: There is just one matter to clarify.
4
5 THE WITNESS WAS RE-EXAMINED BY MRS. LAVERTY AS FOLLOWS:
6
7 346 Q. MRS. LAVERTY: Do you have a description of the exhibits
8 there in front of you, Witness 69? You haven't. It's just
9 a matter that was raised in cross-examination, I think by
10 My Friend on the Garda side, that suggested that perhaps
11 some of the exhibits were taken from -- that went to
12 Dublin, were taken from the north side of the river, and I
13 don't think that is quite correct. And perhaps you might
14 have a look at number 38, 40, which is on the second page.
15 It says there "Following samples..."
16 Do you have that?
17 A. Yes.
18 347 Q. "Following samples removed from look-out area on bank of
19 river approx 50 yards on Newry side of Narrow Water
20 Castle." There is a whole lot of samples taken there.
21 Now, am I correct in thinking that the look-out area was on
22 the southern side, on the Newry side but on the southern
23 side, the Narrow Water Castle, that these exhibits were
24 taken from?
25 A. The exhibits were taken from, in my view, the scene of
26 where Mr. Hudson was shot dead, which was almost across --
27 directly across Carlingford Lough from where the second
28 explosion took place. The other scene was away to the left
29 of -- the same as one looks from the northern side across
30 Carlingford Lough.
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 79
1 348 Q. So it would be incorrect to understand this statement as
2 saying that samples were taken from the northern side?
3 A. I have no recollection of a garda coming across taking
4 samples away. My tasking in relation to the Mr. Hudson
5 killing, at the request of guards, communicated to me
6 through my senior management, was to collect all the
7 weapons, and, to my knowledge, they were the only exhibits.
8 Now, someone might contradict, but, to my knowledge, they
9 were the only exhibits taken from the northern side in
10 relation to it.
11 349 Q. I think you are correct. I just wanted to clarify that
12 because there seemed to be, perhaps, a perception that --
13 A. But to my knowledge, no exhibits were taken by the guards
14 from the northern side in relation to the two explosions,
15 the killing of the 18 soldiers.
16 MRS. LAVERTY: Thank you very much indeed.
17
18 CHAIRMAN: Very well. Witness 69, thank you very much. I
19 know you have come voluntarily to give evidence today. I
20 am very indebted to you for your help to the Tribunal, I am
21 most grateful to you.
22 A. Thank you, Chairman.
23
24 CHAIRMAN: Thank you very much.
25
26 MRS. LAVERTY: That is the end of the evidence for today,
27 Chairman. Tomorrow morning is the next witness.
28
29 CHAIRMAN: Yes.
30
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 80
1 THE TRIBUNAL THEN ADJOURNED UNTIL THE FOLLOWING DAY, THE
2 17TH OF FEBRUARY, 2012, AT 11 A.M..
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Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 1
' 34 [3] - 35:25, 65:27, 68:7 8th [2] - 37:26, 39:9 59:25, 68:6, 76:22 8:5 35 [2] - 37:24, 58:25 age [1] - 24:5 appointment [1] - 7:30 '70s [2] - 2:19, 58:22 36 [1] - 68:8 9 agitated [1] - 15:22 appreciate [5] - 43:30, '79 [6] - 37:26, 39:9, 38 [4] - 39:8, 42:5, 69:6, ago [2] - 60:5, 75:9 45:20, 50:12, 55:16, 9 [4] - 25:3, 50:28, 51:8, 39:23, 40:27, 65:30, 78:14 agree [8] - 52:28, 64:17, 55:20 51:13 70:4 66:17, 68:19, 69:14, approach [2] - 10:8, '81/'82 [2] - 25:15, 25:16 4 90 [2] - 45:13, 45:17 70:11, 71:6, 74:12 22:23 90% [1] - 70:7 '87 [1] - 30:5 agreed [1] - 9:8 approached [1] - 31:11 40 [1] - 78:14 9th [3] - 52:18, 53:8, 53:9 '95 [1] - 73:19 Agreement [1] - 25:3 approaches [1] - 44:3 41 [2] - 40:26, 41:25 '95/'96 [1] - 31:11 agreement [14] - 10:10, appropriate [1] - 56:6 'Slab' [2] - 26:8, 34:15 45 [4] - 63:12, 64:18, A 11:27, 12:1, 12:20, approx [1] - 78:19 69:18, 69:19 14:13, 34:18, 34:19, area [18] - 9:24, 9:25, a.m [4] - 36:6, 37:26, 48 [1] - 45:1 34:20, 49:5, 52:21, 0 39:22, 65:29 15:5, 15:27, 16:18, 49 [2] - 69:17, 70:2 65:11, 65:20, 71:7, 71:8 20:20, 26:7, 34:17, 009 [2] - 51:3, 51:4 A.M [1] - 1:2 ahead [1] - 60:24 34:23, 37:30, 38:6, 045 [1] - 46:2 A.M. [1] - 80:2 5 AIB [1] - 70:5 38:19, 48:25, 56:21, abiding [1] - 18:2 Airey [1] - 24:15 68:16, 68:27, 78:18, 50 [1] - 78:19 able [5] - 7:6, 22:18, 23:4, 1 Alan [5] - 53:17, 57:12, 78:21 5:30 [1] - 40:19 23:12, 44:14 72:25, 72:26, 73:3 areas [4] - 7:22, 34:4, 10 [1] - 39:22 5th [1] - 63:8 absolute [1] - 77:10 alarming [1] - 75:15 54:11, 74:17 100 [2] - 4:20, 4:26 absolutely [1] - 77:24 allegation [4] - 29:14, arise [2] - 22:19, 44:9 10th [1] - 34:27 accentuated [1] - 52:3 6 65:1, 71:17, 74:2 arises [3] - 22:11, 22:13, 11 [3] - 1:2, 37:26, 80:2 accept [2] - 58:17, 62:24 6 [1] - 36:18 allegations [1] - 34:6 22:16 11:30 [2] - 36:6, 65:29 accepted [1] - 37:8 600 [3] - 60:15, 66:9 alleged [2] - 51:26, 72:1 arising [1] - 44:13 12 [2] - 7:11, 7:15 access [25] - 10:5, 10:11, allegedly [1] - 73:25 Armagh [6] - 28:15, 15 [2] - 23:21, 71:24 62 [1] - 53:29 10:18, 10:19, 10:22, alleging [4] - 65:3, 65:4, 30:11, 33:22, 34:4, 15-year-olds [1] - 3:12 67 [1] - 71:23 10:26, 10:29, 11:27, 65:5, 65:8 34:15, 55:8 16 [2] - 3:28, 3:29 68 [13] - 2:21, 8:4, 21:18, 12:5, 13:18, 13:19, allow [1] - 23:10 arms [1] - 30:7 16TH [1] - 1:1 22:4, 22:12, 22:15, 17:7, 21:15, 22:21, allowed [1] - 50:2 army [7] - 4:5, 4:6, 6:10, 17TH [1] - 80:2 22:20, 23:4, 25:10, 25:28, 27:17, 36:15, almost [7] - 37:24, 45:13, 7:23, 8:12, 9:3, 37:8 18 [5] - 3:6, 3:28, 3:29, 38:12, 38:25, 46:5, 38:9, 41:9, 41:20, Army [1] - 35:21 53:29, 79:15 62:29 44:16, 50:2, 50:4, 45:14, 54:7, 70:7, 70:9, 78:26 arose [2] - 36:27, 64:24 19 [2] - 39:16, 73:3 69 [8] - 1:7, 2:1, 2:4, 22:2, 61:24, 72:28 ambush [2] - 27:25, arranged [2] - 21:17, 1970 [1] - 2:15 68:3, 77:17, 78:8, 79:18 accompanied [1] - 39:29 [11] 27:27 39:25 1972 [2] - 2:16, 76:27 6th - 2:15, 34:27, accompany [2] - 23:11, 45:27, 46:3, 47:15, ammonia [3] - 19:13, arrangement [8] - 14:5, 1979 [16] - 3:3, 34:27, 61:17 43:3, 45:4 15:16, 16:30, 28:7, 34:30, 39:10, 39:14, 53:11, 54:19, 63:9, accord [1] - 34:30 63:30, 64:4, 64:12 amn't [1] - 48:14 41:11, 48:30, 59:4, 39:17, 42:6, 45:3, 46:3, according [1] - 12:6 amount [4] - 7:13, 46:17, 61:29 52:19, 53:8, 63:30, account [3] - 63:29, arrangements [4] - 27:23, 69:7, 69:12, 72:3, 77:5 7 72:21, 75:15 48:21, 61:19 and.. [3] - 15:30, 22:25, 38:5, 57:27, 68:16 1980 [1] - 54:20 accounted [1] - 36:26 700 [1] - 36:18 30:1 arrest [2] - 22:30, 23:14 1980s [2] - 25:5, 25:14 accused [1] - 72:19 71 [3] - 31:17, 31:18, announced [1] - 14:8 arrested [7] - 10:12, 1982 [3] - 24:23, 30:4, achieved [1] - 54:14 31:29 annoyance [1] - 50:12 18:18, 19:8, 23:2, 74:15 Act [1] - 59:6 72 [32] - 3:1, 11:18, 12:21, anonymity [2] - 1:10, 23:13, 23:17, 42:25 1987 [1] - 74:15 act [3] - 64:28, 65:6, 14:2, 14:15, 14:30, 1:12 arresting [1] - 25:24 1995 [4] - 23:16, 53:16, 15:23, 16:6, 17:16, 65:17 answer [3] - 53:5, 59:18, arrival [1] - 62:21 72:24, 73:25 acted [1] - 55:18 21:24, 22:8, 22:15, 71:24 arrive [1] - 7:7 37:17, 40:28, 46:7, action [2] - 39:9, 54:10 Anthony [2] - 19:4, 23:17 arrived [9] - 6:10, 6:12, 2 47:9, 62:2, 62:6, 62:10, activated [1] - 9:17 Anti [4] - 30:5, 31:24, 6:24, 7:28, 12:24, 14:7, 63:15, 63:17, 63:18, activities [2] - 2:14, 74:16 2 [2] - 39:9, 69:7 33:22, 74:15 61:2, 61:6, 66:23 63:19, 63:26, 63:30, activity [4] - 8:20, 8:30, 2012 [2] - 1:1, 80:2 anti [1] - 30:23 Article [1] - 25:3 64:24, 69:22, 76:26, 9:11, 33:26 24th [1] - 45:3 Anti-Racketeering [4] - AS [8] - 1:2, 2:2, 35:9, 76:29, 77:3, 77:7, 77:8 actual [1] - 5:21 25 [2] - 51:19, 51:20 30:5, 31:24, 33:22, 59:22, 68:1, 68:4, 72's [2] - 21:26, 63:20 addition [1] - 3:16 27th [6] - 3:3, 12:4, 35:30, 74:15 76:20, 78:5 74 [1] - 42:30 address [2] - 22:18, 46:26 39:14, 47:18, 69:12 anti-racketeering [1] - aside [1] - 61:7 78 [4] - 21:18, 21:19, adjacent [1] - 4:28 28th [4] - 36:5, 37:26, 30:23 asleep [1] - 23:12 40:23, 43:23 ADJOURNED [2] - 67:14, 39:16, 65:30 anticipating [1] - 6:29 assess [1] - 62:10 7:30 [1] - 13:12 80:1 29 [1] - 69:7 anxious [1] - 19:24 assessing [2] - 52:29, admiration [1] - 32:23 29th [8] - 38:24, 39:10, anyway [2] - 27:26, 44:7 52:30 admission [1] - 52:9 39:16, 42:5, 42:21, 8 apart [1] - 6:7 assist [3] - 9:2, 76:27, admissions [3] - 52:17, 45:9, 70:3 appear [14] - 9:19, 13:20, 77:6 8 [7] - 9:21, 10:3, 10:14, 58:24, 58:29 35:13, 36:14, 39:5, assistance [4] - 45:24, 21:13, 72:3, 72:14 advance [1] - 29:5 40:21, 41:4, 42:8, 54:23, 70:13, 72:8 3 8's [1] - 72:21 adverse [1] - 53:20 42:20, 47:23, 48:12, Assistant [3] - 75:11, 80 [1] - 64:6 advised [1] - 30:15 3 [3] - 33:19, 39:16, 40:26 50:10, 59:25, 62:23 75:17, 75:21 800 [1] - 5:16 afraid [1] - 42:1 30th [5] - 38:27, 39:22, appeared [3] - 15:5, assisted [1] - 52:6 800-pound [1] - 4:21 AFTER [1] - 68:1 39:28, 40:26, 42:23 17:30, 22:27 assisting [1] - 30:13 8848 [1] - 70:6 afternoon [5] - 3:6, 35:29, 31st [1] - 39:8 appointed [3] - 8:3, 8:4, assume [4] - 7:16, 11:9,
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 2
50:5, 52:5 becoming [1] - 15:22 boy [1] - 3:11 car [4] - 19:14, 42:26, Chief [25] - 9:22, 9:24, assumed [2] - 9:11, 50:9 BEEN [1] - 2:1 Brabourne [1] - 3:13 45:11, 70:5 10:1, 36:6, 36:11, AT [2] - 1:2, 80:2 began [1] - 4:5 Branch [11] - 24:25, carefully [2] - 6:30, 62:5 37:26, 38:1, 39:29, atrocities [1] - 13:24 begin [1] - 17:12 24:29, 25:6, 25:7, cares [1] - 48:11 53:26, 57:13, 57:21, atrocity [1] - 3:20 behalf [3] - 35:13, 44:18, 25:17, 25:19, 25:20, Carlingford [4] - 4:9, 57:26, 57:30, 60:22, attached [2] - 2:8, 2:11 50:12 25:26, 27:7, 27:8, 27:9 4:28, 78:27, 78:30 62:27, 65:30, 66:13, attack [4] - 4:4, 4:5, behind [2] - 6:18, 61:28 brand [1] - 45:25 carnage [3] - 5:22, 7:16, 68:12, 68:23, 68:24, 23:18, 23:19 Belfast [6] - 5:29, 28:2, breach [1] - 49:5 7:25 73:26, 75:11, 75:18, attempted [2] - 23:18 40:16, 58:19, 58:25, breached [1] - 34:20 carriageway [1] - 4:8 75:21 attend [2] - 22:5, 22:6 75:10 Breen [8] - 12:13, 26:2, carried [2] - 54:6, 56:11 chunk [1] - 45:2 attended [2] - 22:3, 42:2 belief [4] - 20:14, 21:16, 38:28, 57:12, 57:16, Carroll's [1] - 43:12 CID [7] - 2:16, 24:27, attending [1] - 23:6 21:17, 61:11 73:26, 73:27, 74:4 carry [4] - 13:28, 38:19, 25:18, 25:21, 26:1, attention [2] - 34:24, believes [1] - 63:5 Brendan [2] - 26:16, 49:6, 68:26 26:2, 43:24 35:28 below [1] - 7:23 32:17 carrying [1] - 16:7 cigarette [9] - 15:3, August [19] - 3:3, 36:5, best [5] - 12:10, 22:23, Brennan [17] - 18:24, case [23] - 10:15, 26:16, 17:23, 40:5, 43:11, 38:24, 39:10, 39:14, 32:14, 62:10, 63:5 18:25, 19:4, 22:27, 34:29, 36:20, 37:5, 43:12, 45:12, 49:21, 39:16, 39:17, 39:23, better [1] - 24:19 23:17, 34:28, 37:29, 45:30, 48:10, 48:12, 49:22, 70:6 39:28, 40:27, 42:5, between [10] - 4:10, 4:18, 45:5, 45:30, 51:28, 48:13, 49:16, 52:7, cigarettes [2] - 15:8, 42:21, 42:23, 47:18, 6:9, 9:29, 12:16, 25:6, 52:8, 54:1, 54:8, 58:15, 52:12, 52:26, 52:29, 45:19 54:20, 65:30, 69:7, 26:6, 27:5, 31:4, 65:6 58:28, 58:29, 73:8 53:3, 53:13, 54:24, Cipher [1] - 2:28 69:12, 70:3 bewildered [1] - 77:24 brief [4] - 3:23, 17:26, 57:29, 58:19, 59:9, ciphers [1] - 2:23 authorities [1] - 47:21 bewilderment [1] - 18:10 73:3, 76:24 59:10, 76:2, 77:14 circumspect [1] - 75:26 authority [6] - 11:21, beyond [2] - 4:26, 19:17 briefed [3] - 27:6, 27:7, cases [3] - 11:22, 16:29, circumstances [2] - 20:15, 31:9, 53:2, big [4] - 6:22, 14:24, 49:27 24:5 25:29, 27:2 64:26, 73:12 31:19, 45:2 briefings [1] - 31:29 casings [4] - 16:22, civilian [2] - 3:7, 8:24 availability [1] - 63:2 biggest [2] - 11:8, 13:24 briefly [3] - 69:19, 72:27, 16:23, 17:4 clarify [4] - 61:21, 74:1, available [9] - 8:27, bike [2] - 18:15, 19:14 76:18 Castle [2] - 78:20, 78:23 78:3, 79:11 21:19, 28:8, 42:21, bit [3] - 33:6, 33:10, 67:7 bring [1] - 58:30 caused [3] - 24:13, 44:29, clarity [1] - 3:22 43:3, 52:20, 52:24, bits [1] - 16:16 brings [1] - 31:6 65:21 class [1] - 32:21 54:2, 76:11 bitterly [2] - 65:20, 77:21 broadening [1] - 56:9 central [1] - 15:20 classed [1] - 48:4 awaiting [1] - 62:21 blame [1] - 20:11 broken [4] - 2:11, 42:16, certain [13] - 7:4, 12:25, clear [4] - 13:24, 21:1, aware [22] - 6:12, 6:13, blank [3] - 37:27, 63:29 65:20, 71:9 27:10, 27:20, 28:22, 40:17, 50:7 10:12, 11:21, 11:23, blew [3] - 5:16, 5:17, brother [1] - 3:16 42:12, 45:13, 45:17, clearly [6] - 24:25, 25:11, 13:28, 15:4, 22:6, 18:26 brought [3] - 34:24, 42:5, 55:30, 57:28, 59:3, 50:17, 57:7, 61:26, 24:17, 25:10, 28:3, blown [1] - 7:22 58:24 64:14, 70:7 62:25 28:9, 40:23, 41:22, boat [1] - 3:8 brushed [1] - 46:26 certainly [18] - 6:12, client [1] - 73:30 49:10, 53:17, 55:30, Bob [1] - 27:16 Buchanan [3] - 27:16, 16:19, 23:30, 25:14, close [3] - 55:14, 62:12, 57:11, 57:18, 70:25, 32:20, 33:23, 34:20, 62:22 bodies [1] - 7:19 57:12, 74:4 73:8, 73:18 46:19, 47:20, 47:27, closely [1] - 2:21 body [5] - 7:22, 7:23, building [1] - 31:1 awful [1] - 7:17 8:23, 36:10, 66:12 bullet [2] - 16:22, 17:4 48:2, 49:22, 53:20, closer [1] - 25:4 54:22, 57:4, 66:18, 73:8 Bomb [1] - 5:29 bundle [2] - 50:29, 51:13 clothes [6] - 14:11, 14:18, cetera [2] - 37:12, 41:3 B bomb [8] - 2:17, 4:21, Bureau [1] - 42:4 14:22, 45:4, 61:8, 61:27 5:20, 5:21, 18:26, burning [1] - 5:24 chain [1] - 44:14 clothing [1] - 40:10 background [1] - 19:20 40:17, 52:5, 52:6 Burns [17] - 18:24, 18:25, Chair [1] - 47:7 cloudless [1] - 64:7 bad [3] - 34:9, 74:8, 75:1 CHAIRMAN [17] - 1:4, bomber [1] - 19:1 22:27, 34:28, 37:29, coincidentally [1] - 51:9 badly [4] - 3:17, 5:18, 1:10, 33:16, 35:7, bombers [1] - 16:10 45:13, 45:18, 45:30, colleagues [1] - 74:4 15:30, 25:23 37:22, 47:3, 51:11, bombing [1] - 77:6 51:24, 51:29, 52:8, collect [1] - 79:6 bagged [1] - 17:2 56:19, 56:23, 59:20, bombings [2] - 38:13, 54:1, 54:8, 58:15, collection [1] - 7:24 bail [1] - 40:9 67:3, 67:11, 76:14, 76:27 58:28, 58:29, 70:8 colluding [1] - 74:3 bales [1] - 4:22 78:1, 79:18, 79:24, bombs [5] - 9:9, 9:17, burns [1] - 18:25 collusion [8] - 65:6, ballistically [1] - 8:26 79:29 36:17, 40:4, 51:29 Burns' [2] - 45:11, 70:5 65:17, 71:4, 71:6, 71:9, ballistics [1] - 9:2 Chairman [8] - 1:6, 1:13, book [1] - 3:24 burnt [1] - 5:18 71:15, 71:17, 72:1 Ballykinler [1] - 4:6 46:22, 61:22, 74:7, booklet [1] - 63:12 bush [1] - 42:16 coloured [1] - 41:21 bank [1] - 78:18 75:22, 79:22, 79:27 Border [2] - 27:16, 40:2 bushes [1] - 42:15 coming [4] - 8:30, 26:26, banks [1] - 30:30 challenged [1] - 77:15 border [15] - 8:21, 10:2, business [1] - 31:20 49:30, 79:3 barley [1] - 5:16 changed [2] - 33:8, 33:18 11:23, 24:19, 26:28, butt [5] - 17:23, 43:11, Commander [9] - 10:6, Barry [1] - 39:19 changing [1] - 30:29 26:29, 30:11, 30:15, 45:12, 49:22, 70:6 10:18, 10:25, 12:1, base [1] - 4:6 character [1] - 77:27 34:1, 34:2, 39:14, butts [2] - 15:3, 40:5 13:7, 37:30, 38:28, based [2] - 2:7, 28:22 43:19, 44:26, 69:11, BY [6] - 2:1, 35:9, 59:22, charge [15] - 2:12, 7:30, 61:4, 68:12 basis [8] - 11:9, 11:13, 74:17 68:3, 76:20, 78:5 8:1, 8:4, 13:8, 13:9, comment [6] - 19:18, 21:29, 41:15, 43:5, 17:30, 20:4, 20:5, 30:4, bottle [3] - 40:6, 49:24, Byrnes [1] - 45:4 51:22, 53:20, 59:14, 53:1, 58:18, 74:9 30:17, 33:21, 50:27, 49:25 72:23, 74:7 batch [1] - 42:30 60:20, 60:23 comments [2] - 74:10, bottom [7] - 35:24, 35:26, C BE [1] - 68:3 charged [3] - 18:14, 50:30, 51:1, 51:19, 75:10 beautiful [1] - 4:16 C12 [1] - 31:23 23:17, 73:9 66:30, 69:21 Commissioner [2] - 10:1, beauty [1] - 4:14 calm [1] - 77:22 charges [1] - 22:26 bound [1] - 75:28 56:2 became [2] - 24:17, 25:17 cannot [1] - 51:23 check [1] - 2:26 boundary [1] - 4:9 committed [2] - 28:18, become [1] - 53:26 capabilities [1] - 19:25 checking [1] - 9:2 32:20
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 3 communicated [1] - 79:5 containers [1] - 5:21 counsel [1] - 76:23 22:2, 30:20, 44:17, 31:12, 32:14, 70:12, compelling [1] - 43:20 content [1] - 52:22 County [6] - 3:9, 36:8, 44:21, 55:23, 64:26 70:16 complaining [1] - 50:22 contention [1] - 74:21 38:4, 66:3, 68:15, 68:21 dealing [5] - 22:17, 43:5, detectives [1] - 2:10 complaint [6] - 50:24, context [2] - 32:14, 32:22 couple [2] - 12:23, 14:8 47:15, 54:30, 58:10 detention [1] - 54:7 50:25, 54:22, 64:19, continue [3] - 21:15, course [13] - 11:9, 23:24, dealings [8] - 11:23, determine [1] - 44:17 64:21, 72:12 38:24, 67:4 30:22, 33:16, 41:30, 11:24, 32:10, 32:11, determined [2] - 25:30, complaints [3] - 46:8, CONTINUED [2] - 68:1, 43:16, 43:21, 44:3, 33:1, 34:8, 55:2, 55:23 43:28 47:17, 63:20 68:3 55:22, 55:24, 58:17, deals [1] - 51:19 detonated [3] - 7:15, complete [1] - 70:23 continued [4] - 11:11, 59:11, 65:22 dealt [4] - 22:1, 29:25, 36:17, 40:5 completed [2] - 45:14, 11:26, 13:18, 18:7 court [2] - 23:6, 25:25 48:10, 57:10 detonation [27] - 7:8, 9:7, 70:9 continues [1] - 66:11 cousin [1] - 37:1 death [1] - 28:20 9:8, 9:15, 10:5, 10:13, comprehensive [1] - 31:4 contradict [1] - 79:8 cover [4] - 38:12, 38:25, deaths [3] - 7:29, 23:26, 10:17, 10:20, 10:22, computers [1] - 31:20 control [8] - 24:30, 34:21, 38:26, 44:14 24:12 10:27, 12:27, 18:20, conceal [1] - 15:7 44:12, 44:15, 44:16, covered [2] - 43:23, 74:14 deceased [2] - 10:8, 37:6, 40:15, 40:29, concealed [1] - 4:22 44:23, 44:24, 50:3 covert [1] - 52:11 66:22 44:28, 51:26, 51:29, concentrating [1] - 8:23 conversation [1] - 62:12 create [1] - 5:22 December [1] - 2:15 52:6, 60:14, 60:19, concern [7] - 55:11, conveyed [1] - 27:22 Crime [2] - 2:7, 2:8 decide [2] - 17:2, 20:19 60:30, 64:14, 66:8, 55:12, 57:8, 58:6, convicted [2] - 25:25, crime [4] - 2:9, 42:2, decided [7] - 13:18, 69:15, 70:19, 70:27 64:18, 73:23, 73:27 58:25 42:10, 44:10 14:15, 24:6, 24:17, detriment [1] - 25:18 concerned [7] - 10:28, conviction [1] - 19:26 criminal [2] - 32:5, 32:6 46:26, 49:6, 50:5 develop [2] - 19:23, 25:27 26:2, 26:3, 26:5, 41:10, convoy [3] - 4:5, 5:7, 7:6 criminality [6] - 30:14, decision [1] - 20:17 developed [3] - 18:9, 54:29, 77:23 Cooke [1] - 39:23 30:23, 31:4, 34:22, decoder [2] - 46:12, 24:28, 25:6 concerns [18] - 26:6, cooperated [1] - 13:21 56:20, 74:17 63:24 deviance [1] - 28:21 26:12, 26:17, 26:23, cooperating [3] - 46:25, critical [2] - 33:6, 33:10 deepest [1] - 75:24 DI [8] - 46:5, 46:6, 46:7, 26:26, 26:27, 27:1, 47:27, 65:8 criticising [1] - 62:4 deeply [1] - 77:12 50:27, 63:15, 63:19, 27:9, 27:10, 27:21, cooperation [9] - 25:4, criticism [2] - 24:1, 24:4 defective [1] - 18:15 63:29 29:30, 30:2, 30:3, 36:9, 39:6, 40:22, CROSS [4] - 35:9, 59:22, defensive [1] - 6:18 died [1] - 3:14 34:13, 55:3, 56:1, 46:24, 50:8, 50:11, 68:3, 76:20 deficient [1] - 77:15 different [6] - 25:20, 57:17, 58:7 65:18, 66:11 cross [5] - 23:13, 26:14, definitely [1] - 61:29 25:27, 26:1, 36:16, concluded [1] - 59:10 copy [3] - 21:20, 35:2, 47:5, 58:8, 78:9 degrees [2] - 44:15, 64:6 36:18, 44:15 conclusion [1] - 51:5 35:17 cross-examination [2] - delighted [2] - 59:8, 59:9 difficult [1] - 19:18 conclusive [1] - 52:7 corner [3] - 35:24, 35:26, 47:5, 78:9 delivered [1] - 28:2 difficulty [2] - 44:1, 44:9 conduct [2] - 48:22, 51:8 CROSS-EXAMINED [4] - denied [4] - 41:9, 41:10, directed [2] - 20:2, 26:24 56:11 correct [22] - 2:7, 2:22, 35:9, 59:22, 68:3, 76:20 47:11, 63:27 Directive [1] - 64:19 conducted [1] - 53:21 3:4, 3:10, 3:15, 3:20, Crossmaglen [1] - 19:6 denies [1] - 74:30 directly [2] - 8:11, 78:27 conference [6] - 39:12, 3:27, 4:30, 9:9, 9:18, cultivated [1] - 31:13 deny [1] - 13:18 disappointed [3] - 65:20, 41:27, 45:28, 47:16, 11:3, 11:17, 12:5, custody [2] - 19:19, 19:21 department [4] - 11:2, 75:30, 77:22 47:29, 69:9 18:28, 19:9, 20:10, customer [2] - 11:5, 11:8 11:3, 11:18, 12:23 disappointing [1] - 75:14 confirm [1] - 17:16 62:2, 62:18, 63:8, cut [15] - 15:21, 16:1, departments [1] - 11:14 disappointment [1] - confirmed [1] - 65:24 78:13, 78:21, 79:11 16:3, 16:12, 16:16, dependent [1] - 25:19 32:29 confirms [1] - 66:17 correspond [1] - 41:8 16:29, 17:19, 23:9, describe [1] - 15:25 discipline [1] - 28:21 confusion [3] - 8:14, correspondence [1] - 48:21, 61:23, 64:29, description [3] - 3:23, discuss [1] - 10:29 36:25, 36:27 16:19 65:5, 70:19, 70:21 4:4, 78:7 discussed [4] - 31:19, connect [4] - 10:15, Corrigan [66] - 13:1, 13:4, cutting [1] - 15:25 despite [1] - 7:21 34:29, 44:5, 46:1 51:23, 51:25, 52:2 14:5, 14:9, 14:12, 20:2, destroyed [1] - 15:24 discussion [2] - 26:10, connected [1] - 32:4 20:12, 32:26, 33:7, D destruction [1] - 16:17 53:10 connecting [1] - 55:28 33:11, 34:9, 36:12, detail [1] - 65:14 discussions [3] - 23:28, daily [1] - 11:9 connection [2] - 9:12, 38:3, 39:12, 45:10, detain [1] - 54:10 43:26, 74:18 damage [3] - 65:21, 71:18 56:29 55:5, 55:29, 56:12, detained [1] - 40:8 disgusted [1] - 77:24 56:16, 57:16, 57:17, damaged [1] - 15:30 consider [1] - 56:5 Detective [55] - 2:12, disintegrated [1] - 5:17 danger [2] - 56:13, 56:15 considerable [1] - 40:22 58:2, 59:12, 59:26, 2:20, 14:4, 14:9, 20:2, dismay [4] - 18:3, 18:7, date [5] - 7:4, 28:8, 53:28, considered [1] - 18:20 59:30, 60:8, 61:5, 61:7, 20:11, 22:3, 32:15, 18:12, 49:5 54:17, 63:7 Constable [17] - 10:2, 61:12, 61:20, 61:22, 32:26, 36:6, 37:27, dismayed [1] - 49:4 38:23, 38:29, 39:11, 61:28, 62:7, 62:11, dated [6] - 45:2, 46:3, 38:1, 38:3, 38:23, dismissed [1] - 57:22 52:18, 53:7, 70:2 39:19, 39:23, 39:29, 62:15, 63:5, 63:17, 38:28, 39:30, 53:17, disobeyed [1] - 34:19 daughter's [1] - 3:12 40:27, 41:27, 57:13, 64:3, 64:19, 64:21, 53:25, 53:26, 55:5, dispatched [1] - 20:23 57:21, 57:26, 58:1, 64:25, 65:22, 66:15, David [1] - 3:23 57:15, 59:26, 60:21, disposed [1] - 24:2 69:8, 75:11, 75:18, 66:18, 66:27, 68:11, DAY [1] - 80:1 61:5, 61:7, 61:12, 62:7, dispute [1] - 75:5 68:14, 68:20, 68:25, 75:21 days [23] - 3:4, 8:22, 8:30, 62:11, 62:29, 62:30, distraction [1] - 73:7 68:30, 69:6, 69:10, constabulary [1] - 44:11 10:9, 12:9, 14:1, 17:28, 63:16, 64:2, 64:21, disturbance [1] - 17:12 69:15, 69:29, 70:5, 28:29, 32:11, 34:20, constant [1] - 58:14 65:22, 66:1, 66:15, disturbed [1] - 37:12 70:16, 72:12, 72:16, 39:6, 41:5, 41:20, 48:3, constructed [1] - 5:20 66:18, 66:27, 68:10, Divisional [7] - 10:6, 72:22, 73:2, 73:15, 49:1, 60:17, 64:5, 64:7, contact [6] - 9:13, 9:20, 68:12, 68:14, 68:19, 10:17, 13:7, 37:30, 73:27, 74:2, 74:13, 21:14, 21:29, 26:21, 64:8, 64:11, 64:15, 68:25, 68:29, 69:8, 38:27, 61:4, 68:11 74:30 64:16 59:30 69:10, 69:29, 70:4, divisions [1] - 27:5 Corrigan's [5] - 33:24, dead [4] - 6:3, 8:12, 8:25, contacted [1] - 39:23 70:16, 73:1, 73:14, docks [1] - 4:30 64:27, 71:23, 73:18, 78:26 contacts [5] - 10:2, 73:18 document [3] - 21:23, 74:26 21:12, 26:6, 26:8, 34:1 deal [8] - 12:26, 12:29, detective [5] - 12:28, 24:25, 25:10
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 4 documentation [1] - 58:29 examined [19] - 8:27, 45:24, 48:15, 51:7, five [7] - 3:19, 5:5, 5:11, 74:20 elapsed [1] - 54:7 20:28, 30:10, 36:10, 52:3, 53:9, 54:28, 5:15, 8:22, 18:17, 36:2 documents [4] - 3:25, elder [1] - 42:15 40:11, 40:16, 42:26, 56:13, 59:12, 61:19 five-tonne [2] - 5:11, 5:15 62:24, 63:6, 70:25 elevated [1] - 8:28 42:28, 42:30, 43:19, factual [1] - 71:10 Flaherty [5] - 36:11, 38:1, domain [1] - 25:17 empty [1] - 40:5 45:12, 47:21, 49:23, failure [1] - 29:2 66:14, 68:13, 68:24 dominated [2] - 18:5, encouraged [1] - 75:15 49:25, 50:6, 66:12, faint [3] - 35:25, 35:26 Fleury [1] - 42:28 32:30 end [11] - 2:19, 4:29, 5:4, 66:24, 70:7, 70:27 fair [6] - 20:30, 32:28, flow [1] - 67:4 done [16] - 10:30, 17:5, 17:8, 17:9, 42:27, examining [1] - 48:17 41:15, 46:17, 62:9 flowing [1] - 77:17 17:15, 17:27, 21:10, 43:27, 47:22, 48:16, example [1] - 70:12 fairly [3] - 2:18, 36:15, foliage [3] - 42:17, 48:21 26:15, 38:7, 49:11, 51:27, 79:26 excellent [1] - 54:6 54:24 following [18] - 9:13, 49:29, 53:24, 54:24, English [1] - 8:11 exchange [2] - 25:7, fairness [1] - 65:2 27:24, 38:22, 41:17, 56:11, 56:14, 65:15, Ennis [1] - 42:3 26:30 faith [1] - 58:10 42:7, 45:28, 46:6, 68:17, 70:23 ensure [2] - 28:7, 44:25 exchanged [1] - 6:15 false [1] - 19:3 47:29, 48:8, 49:6, 49:7, doubt [4] - 7:5, 19:17, entrance [2] - 6:23, 7:14 excited [1] - 14:30 families [1] - 75:29 49:29, 61:30, 65:13, 72:21, 77:11 epaulet [1] - 7:21 exhibit [1] - 10:23 famous [2] - 11:20, 28:15 70:22, 72:15, 75:9, Down [1] - 34:3 equal [1] - 3:20 exhibits [12] - 8:1, 8:23, far [8] - 10:13, 10:27, 78:18 down [35] - 14:25, 15:21, equally [3] - 43:7, 43:8, 24:1, 42:5, 42:8, 78:7, 15:25, 17:1, 25:21, Following [1] - 78:15 15:25, 16:1, 16:3, 44:24 78:11, 78:23, 78:25, 41:10, 60:13, 65:5 FOLLOWING [1] - 80:1 16:13, 16:17, 16:29, equipment [1] - 14:16 79:7, 79:9, 79:13 farm [1] - 43:4 follows [2] - 4:4, 46:6 17:20, 26:12, 26:16, escort [1] - 26:29 Exhibits [2] - 8:5, 37:16 fatal [5] - 36:8, 37:30, FOLLOWS [8] - 1:2, 2:2, 26:21, 26:24, 26:29, essential [2] - 10:26, exist [1] - 52:24 38:5, 66:3, 68:15 35:9, 59:23, 68:1, 68:4, 27:2, 27:9, 27:19, 10:28 expect [3] - 16:14, 20:28, fatally [1] - 37:3 76:20, 78:5 27:23, 28:6, 34:1, 34:3, essentially [2] - 52:15, 29:12 father [1] - 3:17 food [4] - 15:3, 15:7, 34:9, 44:2, 45:24, 54:16 expected [1] - 47:25 fear [2] - 8:14, 32:13 17:23, 49:21 54:25, 55:14, 59:7, establish [1] - 16:21 experience [5] - 2:18, featured [1] - 74:18 FOR [1] - 67:14 59:11, 60:18, 63:14, established [6] - 6:18, 20:20, 28:28, 58:11, FEBRUARY [2] - 1:1, force [2] - 28:30, 29:11 64:29, 65:6, 75:28 6:25, 9:28, 40:3, 40:7, 77:7 80:2 forces [1] - 13:21 DPP [3] - 73:5, 73:13, 40:11 experienced [2] - 76:28, feet [1] - 61:28 forensic [76] - 2:30, 73:22 establishing [1] - 32:12 76:29 fell [2] - 20:11, 23:12 10:15, 10:24, 10:25, draw [1] - 35:28 estate [2] - 6:23, 7:14 expert [5] - 2:30, 17:9, felt [1] - 75:28 11:2, 11:17, 11:28, drink [1] - 15:8 et [2] - 37:12, 41:3 50:17, 58:26, 77:11 fern [2] - 15:26, 42:15 12:3, 13:19, 13:29, drugs [1] - 32:16 evening [7] - 12:21, expertise [3] - 2:14, ferns [11] - 14:27, 15:20, 14:15, 14:16, 14:20, dual [1] - 4:8 13:10, 13:11, 14:7, 15:29, 49:8 16:3, 16:29, 19:12, 15:2, 15:9, 15:22, Dublin [15] - 22:4, 22:25, 28:3, 61:6, 65:13 explain [1] - 43:5 37:12, 42:16, 61:23, 15:29, 16:7, 16:15, 40:7, 40:10, 40:24, event [4] - 2:24, 3:23, explainable [1] - 43:9 64:30, 65:3, 65:5 16:25, 17:2, 17:9, 42:4, 42:29, 44:4, 41:6, 64:10 explanation [2] - 16:27, fertilizer [1] - 43:5 17:26, 17:29, 18:3, 48:16, 58:21, 59:5, events [1] - 13:26 53:6 few [4] - 4:11, 14:4, 19:12, 19:25, 20:19, 64:24, 70:30, 78:12 evidence [47] - 15:2, explosion [15] - 5:19, 6:1, 35:14, 61:28 20:23, 20:29, 21:2, due [1] - 41:30 17:2, 19:17, 22:12, 6:5, 7:12, 8:12, 18:18, field [2] - 14:10, 36:17 21:8, 21:20, 29:4, Dundalk [12] - 10:19, 22:19, 23:29, 24:7, 24:16, 35:29, 36:2, file [7] - 21:22, 45:14, 32:29, 34:27, 37:14, 26:16, 29:8, 29:30, 27:24, 28:3, 28:9, 29:4, 36:27, 46:14, 50:16, 52:23, 53:16, 70:9, 38:29, 39:25, 40:1, 36:7, 37:28, 39:24, 31:14, 41:30, 43:20, 63:26, 64:9, 78:28 72:29, 73:12 40:16, 40:24, 40:28, 45:10, 54:29, 66:2, 41:18, 42:18, 42:29, 43:28, 44:14, 48:1, explosions [7] - 6:9, final [1] - 10:10 70:5, 76:4 43:27, 45:29, 47:9, 48:5, 51:30, 52:16, 9:12, 9:16, 41:12, 64:6, finalised [1] - 28:10 durack [1] - 35:7 48:1, 48:3, 48:5, 49:1, 52:24, 54:3, 61:25, 64:16, 79:14 finally [4] - 11:26, 17:19, DURACK [7] - 35:9, 62:5, 62:17, 65:26, explosive [1] - 5:16 75:7, 76:2 49:4, 49:7, 49:12, 35:11, 37:24, 47:13, 49:26, 50:4, 50:7, 71:4, 71:22, 71:25, explosives [3] - 7:13, finance [3] - 30:6, 33:23, 52:25, 52:26, 52:27, 51:13, 56:25, 59:17 71:28, 71:30, 72:2, 11:15, 11:21 55:8 Durack [6] - 35:13, 46:23, 53:1, 53:3, 53:10, 72:14, 73:5, 73:10, express [2] - 26:12, 34:18 financed [2] - 30:7 51:11, 62:25, 63:8, 61:13, 61:18, 61:24, 73:22, 73:24, 73:30, expressed [5] - 26:5, financial [1] - 30:9 70:26 61:26, 63:15, 65:11, 74:10, 75:5, 75:8, 76:5, 29:30, 46:5, 57:16, 58:7 findings [2] - 30:28, during [4] - 3:4, 6:6, 6:9, 70:27, 70:30 76:10, 79:19, 79:26 expression [1] - 50:12 77:14 73:30 Forensic [3] - 11:15, evidential [1] - 73:11 extended [1] - 34:2 fine [1] - 2:27 duty [1] - 62:23 42:4, 42:6 evidentially [3] - 49:14, extensive [1] - 2:18 finger [1] - 48:22 dynamic [1] - 72:20 forensically [3] - 43:29, 51:28, 52:22 extent [2] - 15:26, 31:28 fingerprint [1] - 48:22 47:21, 70:28 ex [2] - 1:7, 2:25 extract [2] - 34:25, 46:28 finished [2] - 20:20, forensics [6] - 11:10, E ex-member [1] - 2:25 extradited [1] - 58:18 61:13 12:17, 40:7, 40:10, ex-RUC [1] - 1:7 extraterritorial [1] - 54:4 fire [2] - 5:17, 7:19 early [3] - 25:5, 29:10, 40:30, 46:7 exactly [3] - 6:6, 7:6, extremely [3] - 46:10, fired [2] - 42:11, 43:8 41:17 forgive [7] - 46:16, 51:6, 30:18 63:22, 69:24 firing [8] - 6:26, 38:20, east [1] - 34:3 61:3, 63:10, 65:4, 76:30 examination [14] - 9:10, 39:2, 43:9, 68:27, effect [6] - 27:12, 51:23, forgotten [1] - 41:28 14:16, 15:9, 15:24, F 68:30, 71:18, 71:27 56:16, 57:24, 60:18, form [2] - 54:10, 71:15 16:8, 16:15, 17:13, first [17] - 6:1, 6:11, 12:5, 71:11 facilitate [1] - 57:28 formal [5] - 10:1, 10:8, 17:23, 40:29, 47:5, 14:7, 17:2, 18:17, 20:1, effectively [1] - 17:18 fact [20] - 5:20, 9:14, 22:9, 53:1, 61:10 47:30, 49:7, 70:30, 78:9 36:26, 41:19, 48:18, effort [2] - 41:13, 54:10 14:28, 16:28, 35:26, formally [5] - 21:10, EXAMINED [6] - 2:1, 49:27, 50:8, 60:19, eight [1] - 42:8 36:21, 37:3, 37:4, 24:22, 63:4, 74:29, 75:2 35:9, 59:22, 68:3, 61:6, 65:27, 69:18 either [3] - 32:7, 56:27, 37:10, 42:6, 43:19, former [1] - 75:17 76:20, 78:5 firstly [1] - 2:6
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 5 forth [2] - 4:17, 41:5 gate [3] - 6:22, 7:14 21:11, 21:26, 22:10, identifying [2] - 49:17, 30:27, 33:30, 34:6, forthcoming [1] - 76:10 gates [1] - 6:19 22:25 69:28 56:16, 56:17, 56:19, forthright [1] - 76:9 gathering [3] - 24:26, hear [3] - 62:12, 71:19, imaginative [1] - 52:2 57:1, 57:5, 57:25, forty [1] - 2:11 25:1, 25:16 71:23 imagine [3] - 16:30, 63:3, 75:27, 76:1 forward [1] - 58:16 general [1] - 60:26 heard [8] - 19:21, 29:29, 73:3 initial [2] - 50:29, 64:14 four [2] - 2:12, 64:15 generally [1] - 37:8 29:30, 30:2, 55:4, imagined [3] - 17:21, injured [3] - 3:13, 3:17, fraud [2] - 31:19, 31:27 generated [1] - 35:19 71:25, 71:28, 74:11 57:26, 57:29 39:20 free [1] - 25:7 given [15] - 7:28, 7:30, hearsay [1] - 74:10 immediate [1] - 36:15 injuries [2] - 3:14, 7:17 Friday [1] - 26:16 12:27, 16:27, 20:25, held [2] - 47:16, 71:25 immediately [2] - 41:12, innocent [1] - 51:24 Friend [2] - 46:22, 78:10 21:24, 27:24, 28:3, helicopter [2] - 6:12, 7:23 57:22 inquiries [4] - 8:17, friends [1] - 32:22 28:9, 31:14, 35:2, helicopters [1] - 6:10 importance [1] - 53:30 25:24, 30:12, 31:22 froing [1] - 41:17 57:26, 63:29, 72:14, help [7] - 19:24, 19:28, important [6] - 14:26, inquiry [10] - 12:9, 12:24, front [1] - 78:8 75:28 22:24, 29:14, 47:10, 17:1, 17:28, 28:6, 48:5, 23:25, 51:23, 62:30, frustration [1] - 18:7 gossip [1] - 74:11 63:27, 79:20 62:26 65:22, 66:24, 72:24, full [6] - 14:16, 21:22, grandson [1] - 3:11 helping [1] - 30:16 importations [1] - 30:7 73:4, 73:19 21:24, 24:30, 34:29, grandson's [1] - 3:16 hence [1] - 5:24 impossible [1] - 16:9 insisted [2] - 13:16, 57:27 46:1 granted [3] - 11:28, 38:9, heroes [1] - 13:23 impressive [1] - 77:13 insistence [1] - 13:14 fully [3] - 49:27, 50:6, 47:29 hidden [2] - 4:21, 7:13 improperly [1] - 55:18 insofar [1] - 57:10 65:8 grass [7] - 14:28, 15:5, hierarchy [1] - 12:16 improvement [1] - 24:18 inspection [1] - 50:28 fulton [1] - 71:22 17:14, 17:19, 37:11, high [1] - 14:27 inch [1] - 17:14 Inspector [18] - 2:20, Fulton [5] - 31:7, 31:19, 70:19, 70:21 higher [2] - 20:15, 64:26 incident [11] - 25:22, 22:4, 36:6, 37:27, 38:1, 31:22, 31:28, 71:16 grateful [1] - 79:21 Highland [1] - 4:2 35:28, 39:6, 45:14, 38:3, 39:24, 41:28, Fulton's [1] - 71:17 great [5] - 18:10, 32:22, Highlanders [1] - 4:3 46:25, 47:17, 48:3, 53:17, 53:25, 53:26, function [16] - 14:19, 45:23, 57:7, 58:10 highlighted [1] - 46:24 48:8, 54:8, 70:9, 73:4 62:30, 66:1, 68:12, 15:23, 25:26, 37:14, ground [2] - 10:6, 17:14 highlighting [1] - 46:23 Incident [2] - 34:25, 68:14, 68:20, 68:25, 37:15, 38:14, 41:18, group [1] - 31:23 highly [4] - 31:26, 46:13, 35:21 68:29 55:15, 56:8, 61:1, groups [1] - 30:17 63:25 incidents [4] - 24:13, instance [3] - 30:30, 61:17, 73:6, 73:9, 73:21 guard [3] - 61:6, 62:23, Hillman [2] - 45:11, 70:6 39:13, 40:17, 69:11 65:27, 71:5 future [1] - 54:9 69:30 hills [1] - 4:17 included [2] - 21:21, instructed [4] - 12:2, guards [33] - 8:24, 8:27, Hillsborough [1] - 25:3 21:26 64:29, 66:21, 75:12 instructions [3] - 60:1, G 10:4, 10:19, 10:29, himself [3] - 18:26, 20:17, includes [1] - 42:7 12:25, 13:17, 13:22, 31:23 including [3] - 14:18, 64:25, 64:28 gained [2] - 59:13, 59:15 15:12, 21:10, 24:1, historical [1] - 27:26 30:10, 66:27 insufficient [3] - 23:29, gap [1] - 4:18 26:13, 26:20, 26:28, history [4] - 7:1, 24:10, incomplete [1] - 51:22 24:6, 54:3 Garda [68] - 9:14, 9:29, 32:11, 32:16, 34:9, 28:19, 32:14 incorrect [1] - 79:1 insurance [1] - 18:14 10:1, 11:19, 11:24, 44:19, 46:25, 47:27, hit [1] - 37:7 incredible [1] - 8:13 intelligence [14] - 24:26, 12:28, 13:8, 13:22, 50:2, 50:22, 54:25, hmm [4] - 25:13, 25:18, indebted [1] - 79:20 25:1, 25:8, 25:16, 14:8, 14:18, 16:15, 58:28, 62:13, 62:18, 27:24, 37:19 indeed [11] - 19:25, 25:28, 25:30, 26:9, 17:22, 20:28, 21:1, 62:19, 63:26, 65:8, hold [1] - 22:27 23:23, 44:22, 52:1, 27:4, 27:5, 27:18, 21:3, 21:8, 21:11, 23:3, 27:19, 30:21, 30:22, 79:5, 79:13 home [2] - 28:2, 54:11 53:19, 54:13, 59:17, 23:5, 24:20, 25:4, 25:6, 34:11 Guards [2] - 23:7, 23:12 homes [1] - 52:12 62:11, 69:27, 76:25, 26:7, 29:28, 30:13, intelligence-gathering guidance [1] - 20:29 honest [1] - 77:14 79:16 30:21, 32:23, 34:28, [3] - 24:26, 25:1, 25:16 gunfire [2] - 16:23, 39:20 honour [2] - 75:28, 76:8 independent [2] - 11:2, 35:14, 36:7, 36:9, intelligence-sharing [1] - gunmen [2] - 6:21, 37:6 honour-bound [1] - 75:28 11:5 37:28, 38:16, 39:3, 27:5 guy [3] - 34:9, 74:8, 75:1 honourable [1] - 32:19 indicate [4] - 16:10, 39:11, 40:2, 40:13, intelligent [1] - 77:22 honoured [2] - 49:3, 49:4 65:15, 68:29, 77:6 41:27, 45:3, 45:14, intensified [1] - 18:12 H hope [1] - 52:16 indicated [5] - 14:10, 46:9, 47:10, 47:21, interest [3] - 13:20, hoped [2] - 23:25, 41:11 24:25, 33:25, 61:8, 50:18, 51:23, 51:25, half [8] - 6:6, 6:7, 6:9, 29:21, 54:8 hour [3] - 6:6, 6:7, 6:9 62:13 52:3, 53:21, 54:6, 8:29, 28:11, 28:25, interested [1] - 25:22 hours [1] - 3:19 indicates [1] - 68:22 54:23, 58:11, 59:9, 45:22, 60:5 interests [1] - 3:22 house [3] - 6:22, 6:23, indicating [3] - 16:23, 60:9, 63:21, 65:18, hand [6] - 24:28, 35:24, 62:15, 76:28 interfered [1] - 65:10 66:1, 66:12, 66:13, 48:22, 51:7, 54:19, 7:14 indication [1] - 23:4 interference [1] - 16:9 69:9, 70:9, 70:12, 64:28 Hudson [15] - 36:11, international [1] - 77:10 36:16, 36:21, 37:7, indicative [1] - 14:28 70:23, 71:4, 71:8, handed [3] - 2:28, 33:19, individual [1] - 45:20 interrupt [1] - 67:3 71:26, 71:28, 72:10, 35:18 39:20, 39:21, 60:11, 65:23, 66:5, 66:13, individuals [1] - 60:30 interrupting [1] - 67:4 78:10 hands [3] - 14:12, 19:14, industrial [1] - 11:7 intervening [1] - 52:13 garda [2] - 12:26, 79:3 43:4 66:25, 66:28, 69:4, industry [1] - 31:1 interview [9] - 43:24, Gardaí [25] - 8:29, 9:3, 78:26, 79:4 handshake [1] - 61:11 44:2, 52:8, 52:17, 54:1, huge [3] - 7:13, 7:21, informal [2] - 10:2, 21:29 9:28, 12:16, 13:14, Harry [4] - 12:13, 26:2, informally [1] - 24:22 54:4, 54:12, 59:13, 16:20, 18:18, 19:8, 61:19 73:26 59:15 hundred [1] - 4:11 informant [1] - 31:13 19:11, 19:28, 22:4, harsh [2] - 73:29, 73:30 interviewed [8] - 19:9, 22:27, 29:15, 29:21, hundreds [2] - 26:13 informants [1] - 28:16 HAVING [1] - 2:1 23:2, 39:19, 39:22, Hunter [2] - 45:11, 70:6 information [27] - 20:22, 39:2, 40:3, 40:7, 40:8, head [5] - 8:2, 11:17, 20:24, 21:28, 22:16, 58:21, 58:28, 59:11 45:29, 49:11, 65:6, 26:18, 36:22, 74:14 hurt [1] - 25:23 24:28, 25:20, 25:23, interviewers [1] - 59:12 66:27, 69:20, 69:23, headed [1] - 35:21 26:9, 26:25, 27:12, interviewing [2] - 41:2, 70:26 heading [1] - 4:27 I 28:26, 29:18, 29:19, 58:15 garrison [1] - 7:3 Headquarters [5] - 2:8, identify [1] - 16:4 30:12, 30:19, 30:24, interviews [1] - 44:5
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 6 introduced [1] - 30:29 J lazy [1] - 72:18 look-out [2] - 78:18, 33:10, 47:30 introduction [1] - 61:10 leader [1] - 28:20 78:21 maximum [1] - 5:22 investigate [4] - 41:14, job [1] - 15:19 leading [1] - 28:29 looked [6] - 15:8, 16:2, Mc [1] - 41:28 73:4, 73:10 joined [1] - 2:15 leaks [1] - 55:11 16:17, 21:14, 57:23, McCabe [4] - 39:24, 40:3, investigated [6] - 2:9, joint [1] - 41:13 learned [3] - 9:13, 18:12, 68:7 41:28 21:2, 30:6, 30:27, 55:7, Joseph [1] - 39:19 19:22 looking [6] - 9:15, 13:10, McCullough [2] - 10:7, 74:16 journey [2] - 27:11, 27:21 learnt [1] - 10:14 15:14, 22:21, 33:22, 61:4 investigating [8] - 10:27, jurisdiction [4] - 44:1, least [10] - 8:22, 14:11, 40:16 McKittrick's [1] - 3:24 30:23, 44:10, 51:17, 44:11, 58:24, 58:30 17:12, 35:19, 42:7, lookouts [3] - 7:5, 29:1, me.. [1] - 33:9 52:28, 53:25, 60:10, Jurisdiction [1] - 59:6 42:20, 43:15, 47:28, 29:10 mean [1] - 34:14 72:7 justified [1] - 54:13 51:30, 52:3 looks [3] - 14:30, 51:14, meaningful [2] - 15:9, investigation [27] - 8:5, leaving [1] - 4:25 78:29 25:28 10:28, 13:5, 13:8, K led [1] - 4:5 Lord [4] - 3:5, 3:8, 20:22, meant [1] - 24:27 13:29, 21:22, 22:21, left [8] - 4:27, 16:22, 24:15 meantime [1] - 19:11 Kearney [3] - 36:12, 38:2, 22:24, 23:10, 23:24, 35:24, 35:26, 38:19, lorries [1] - 5:10 measured [1] - 77:22 66:14 32:7, 32:18, 37:17, 50:30, 68:26, 78:28 lorry [1] - 5:17 measurements [2] - Keeney [4] - 38:2, 60:22, 41:20, 44:24, 47:28, left-hand [1] - 35:24 lost [1] - 24:2 15:28, 17:24 68:13, 68:24 49:2, 50:1, 53:21, legal [3] - 30:28, 53:2, Lost [1] - 3:24 mechanism [1] - 71:27 keep [2] - 6:20, 26:26 58:16, 61:2, 61:16, 58:26 Lough [7] - 4:9, 4:12, meet [6] - 26:28, 31:12, kept [1] - 57:29 62:26, 65:9, 70:24, legally [1] - 58:27 4:28, 6:20, 7:21, 78:27, 31:18, 32:26, 33:3, 61:7 Kevin [5] - 31:7, 71:16, 77:21 legislation [1] - 30:29 78:30 meeting [18] - 10:19, 71:17, 72:1 investigations [3] - 2:17, length [1] - 19:9 Louth [6] - 26:20, 36:9, 12:7, 12:16, 21:17, killed [23] - 3:5, 3:6, 3:7, 2:18, 32:17 less [1] - 27:17 38:4, 66:3, 68:15, 68:21 28:6, 28:9, 28:26, 3:8, 3:12, 3:29, 6:1, investigators [1] - 11:24 level [2] - 10:1, 18:9 Louth/Monaghan [1] - 31:29, 41:13, 46:7, 7:12, 7:15, 8:8, 8:11, invitation [1] - 13:13 levels [2] - 9:30, 21:10 74:17 60:29, 63:7, 63:9, 9:4, 11:16, 18:29, involve [1] - 24:19 liaise [2] - 37:28, 39:3 low [2] - 4:17, 56:3 63:11, 63:15, 64:2, 20:23, 25:23, 26:11, involved [28] - 2:17, 5:10, liaising [2] - 9:22, 72:9 lunch [2] - 67:8, 68:7 64:13, 66:21 34:18, 36:16, 44:27, 5:11, 10:21, 11:10, liaison [2] - 9:28, 38:24 LUNCH [2] - 67:14, 68:1 meetings [11] - 12:14, 13:4, 29:26, 30:4, 60:11, 66:5, 66:28 Liam [1] - 42:28 lying [4] - 14:28, 17:29, 12:19, 22:3, 22:5, 22:6, 30:16, 31:22, 32:7, killing [5] - 24:15, 65:23, life [3] - 28:20, 32:21, 48:6, 49:12 22:17, 22:20, 44:4, 66:24, 79:5, 79:15 33:25, 34:10, 34:13, 56:17 44:7, 64:23, 65:15 47:14, 55:13, 56:3, killings [2] - 10:16, 72:25 likely [3] - 46:14, 56:12, M member [5] - 2:25, 9:3, knowing [1] - 73:20 56:4, 56:8, 65:22, 63:25 29:15, 29:21, 60:9 68:20, 72:9, 72:24, knowledge [8] - 17:10, Mafia [1] - 31:20 line [3] - 42:27, 68:11, members [7] - 36:8, 36:9, 73:19, 74:3, 74:8, 75:2 22:14, 33:2, 57:19, magnificent [2] - 32:24, 69:21 36:14, 38:10, 38:15, involvement [6] - 31:28, 73:28, 79:7, 79:8, 79:13 58:12 lines [2] - 41:26, 63:14 66:2, 66:11 60:9, 60:13, 60:17, known [4] - 4:14, 21:13, main [2] - 11:4, 65:29 link [4] - 22:12, 31:4, memory [3] - 18:2, 32:29, 71:23, 74:26 21:18, 27:20 mains [3] - 57:20, 72:28, 51:22, 52:19 63:10 involving [1] - 31:20 73:1 liquid [1] - 49:24 men [21] - 5:24, 18:19, IRA [14] - 4:21, 6:28, 7:1, L Mains [3] - 53:17, 57:12, list [2] - 2:23, 2:28 26:1, 28:23, 29:3, 26:7, 28:14, 28:19, 72:25 32:19, 32:20, 32:23, lab [2] - 42:21, 47:22 listened [1] - 50:25 30:4, 30:10, 30:14, mains' [1] - 73:24 38:6, 42:25, 48:7, 52:2, laboratory [3] - 40:24, literally [1] - 18:16 30:16, 55:9, 57:5, 74:3, Mains' [1] - 73:3 52:4, 52:12, 55:23, 42:10, 42:24 lived [1] - 36:21 74:16 maintain [1] - 44:11 57:11, 58:12, 63:3, Laboratory [1] - 42:6 Lives [1] - 3:24 Ireland [20] - 2:9, 3:7, major [2] - 23:7, 52:7 68:17, 75:29, 76:8 labourer [1] - 43:4 lives [3] - 56:13, 56:15, 4:10, 6:21, 7:2, 11:22, Major [1] - 43:12 men's [1] - 43:4 labouring [1] - 27:3 74:27 23:9, 24:11, 24:14, maliciously [1] - 65:15 mention [2] - 55:4, 73:1 lack [1] - 65:17 Livingstone [2] - 58:20, 25:1, 32:15, 38:17, man [17] - 8:10, 10:7, mentioned [8] - 9:20, Lady [1] - 3:13 58:22 50:4, 53:2, 54:1, 54:11, 18:23, 19:3, 19:4, 32:25, 33:11, 40:1, lain [1] - 15:6 local [8] - 3:11, 21:12, 58:23, 63:1, 65:12, 25:21, 26:11, 36:21, 62:17, 64:21, 69:7, land [1] - 23:8 21:14, 26:19, 30:15, 68:26 36:28, 38:29, 40:1, 73:14 Land [3] - 4:6, 6:10, 26:29 34:1, 44:10, 50:27 Irish [2] - 4:10, 31:20 58:20, 61:27, 62:6, mentioning [1] - 31:15 large [1] - 43:18 locates [1] - 69:2 isolating [1] - 9:1 63:16, 77:13, 77:23 merit [2] - 20:26, 52:25 largely [1] - 4:8 location [1] - 68:30 issue [6] - 25:3, 26:29, manage [1] - 70:26 met [3] - 14:8, 21:19, 40:2 last [4] - 17:5, 17:15, locations [1] - 37:10 44:27, 77:17, 77:18, management [2] - 77:18, methods [1] - 11:16 23:13, 41:25 Log [2] - 34:25, 35:21 77:20 79:6 metre [1] - 4:20 late [6] - 14:24, 28:13, log [2] - 41:23, 45:1 issues [8] - 10:24, 26:13, manufacturers [1] - 11:6 metres [2] - 60:15, 66:9 31:19, 55:8, 58:8, 63:2, 28:14, 58:22, 73:26, logic [1] - 16:28 map [1] - 38:10 Michael [3] - 35:13, 75:19 logical [1] - 49:28 64:24, 65:14 mapped [2] - 38:6, 68:16 36:10, 66:13 LAVERTY [11] - 1:6, 1:12, London [3] - 30:26, item [1] - 35:20 Margaret [1] - 24:14 31:21, 31:25 mid-'90s [1] - 23:17 items [9] - 15:4, 19:12, 2:1, 2:4, 33:18, 35:5, Mark [1] - 76:22 middle [3] - 14:27, 16:5, 78:3, 78:5, 78:7, 79:16, Londonderry [1] - 34:3 19:22, 24:6, 42:5, marks [1] - 4:9 63:14 42:13, 42:30, 49:12, 79:26 look [17] - 13:26, 14:6, Mary [1] - 39:21 might [15] - 2:24, 2:25, Laverty [1] - 78:1 16:29, 17:4, 17:11, 70:27 material [1] - 17:29 3:22, 10:15, 19:23, law [1] - 3:13 24:5, 37:17, 49:29, itself [3] - 5:22, 6:20, matter [7] - 19:26, 29:21, 22:18, 23:4, 25:15, lay [1] - 5:14 50:28, 55:17, 61:14, 21:22 52:26, 57:7, 60:4, 78:3, 30:24, 31:27, 49:20, lay-by [1] - 5:14 65:26, 68:8, 73:5, 78:9 73:11, 78:13, 79:8 laying [1] - 16:10 78:14, 78:18, 78:21 matters [3] - 20:21, mile [2] - 5:2, 8:29
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 7 miles [1] - 5:5 MS [1] - 76:16 52:13, 59:1, 78:12 occurring [1] - 53:10 operations [9] - 7:1, 7:10, military [3] - 52:11, 66:22, Mulanny [2] - 39:13, northern [9] - 8:18, 9:10, October [6] - 34:30, 31:26, 31:30, 32:1, 66:23 69:10 37:5, 44:27, 51:30, 45:28, 52:19, 53:8, 32:3, 32:5, 32:18, 34:11 million [1] - 31:27 Mullaghmore [1] - 3:9 78:29, 79:2, 79:9, 79:14 53:9, 53:11 opinion [6] - 46:10, Mills [1] - 2:24 munitions [2] - 11:15, Northern [17] - 2:9, 4:10, OF [2] - 1:1, 80:2 52:30, 63:22, 69:22, mind [9] - 12:8, 26:14, 28:23 7:2, 11:22, 23:9, 24:11, offence [1] - 54:4 69:25, 75:25 33:8, 33:18, 43:25, Murder [1] - 35:21 24:14, 25:1, 38:17, offences [3] - 23:7, 40:9, opportunity [2] - 20:11, 49:15, 49:17, 58:9, 71:3 murder [12] - 2:17, 23:18, 50:4, 53:2, 54:1, 54:11, 54:2 23:14 minds [1] - 41:13 24:15, 26:6, 29:26, 58:23, 63:1, 65:12, offended [1] - 46:2 opposed [2] - 65:17, 76:5 minute [1] - 17:13 32:17, 57:11, 57:17, 68:25 offering [1] - 72:7 optimistic [2] - 19:23, minutes [2] - 18:16, 58:20, 58:25, 73:9, 74:4 note [5] - 62:4, 63:9, officer [26] - 1:7, 10:23, 54:12 18:17 murders [5] - 11:10, 66:11, 66:26, 69:28 10:27, 12:22, 14:11, orange [1] - 40:5 missed [1] - 20:11 34:26, 58:1, 65:7, 70:14 notes [1] - 70:25 14:19, 14:22, 21:11, order [4] - 16:1, 16:21, missing [1] - 71:27 Murphy [2] - 26:8, 34:16 nothing [8] - 7:20, 34:12, 21:12, 21:18, 23:3, 20:14, 61:23 mistake [1] - 37:8 must [2] - 7:16, 64:4 43:19, 48:27, 57:23, 23:5, 26:4, 29:23, organisation [2] - 29:27, misunderstanding [1] - mutilated [1] - 5:18 59:12, 59:15, 73:23 31:21, 42:10, 51:17, 44:18 50:14 Myers [2] - 71:16, 72:1 notice [2] - 28:24, 29:7 52:28, 53:25, 56:1, organisations [1] - 30:9 misunderstood [1] - notified [1] - 5:28 61:9, 61:16, 61:27, organised [2] - 34:15, 50:16 N notwithstanding [1] - 72:7, 72:9, 77:11 61:23 moment [1] - 71:9 43:17 Officer [2] - 8:5, 37:16 original [1] - 54:7 name [13] - 12:28, 19:3, Monaghan [2] - 23:9, Number [3] - 2:21, 3:1, officers [27] - 12:19, otherwise [1] - 48:29 31:15, 33:24, 35:13, 26:20 11:18 14:18, 20:28, 21:3, outcome [2] - 43:2, 54:12 41:28, 60:22, 60:28, Monday [1] - 12:4 number [24] - 5:18, 8:3, 21:14, 22:9, 22:24, outfit [1] - 28:19 73:16, 73:18, 74:18, money [1] - 55:13 10:9, 20:13, 30:29, 24:27, 27:22, 28:5, outline [1] - 60:3 76:22 monitor [2] - 28:29 31:3, 31:16, 32:16, 29:8, 29:25, 29:29, outset [1] - 41:12 named [1] - 39:28 month [1] - 48:16 35:25, 41:4, 42:8, 30:13, 30:16, 39:3, overnight [1] - 49:3 names [1] - 33:24 morning [21] - 1:4, 1:6, 43:18, 45:10, 48:9, 55:2, 58:5, 58:10, Owen [7] - 20:2, 20:11, Narrow [17] - 4:7, 23:24, 1:7, 2:4, 2:5, 3:6, 9:13, 50:30, 51:1, 51:8, 51:9, 58:21, 66:22, 66:26, 72:12, 72:16, 72:22, 32:25, 34:25, 35:29, 14:25, 28:10, 28:11, 54:5, 59:26, 60:17, 74:27, 75:12, 75:19, 73:27, 74:2 42:9, 60:1, 70:14, 29:6, 29:10, 41:17, 64:11, 70:5, 78:14 76:3 own [9] - 13:28, 16:26, 71:16, 71:17, 71:24, 47:29, 48:8, 49:6, 49:7, numbers [1] - 35:24 official [1] - 3:25 18:26, 27:26, 32:12, 72:3, 72:25, 76:27, 61:30, 65:25, 70:23, numerous [2] - 18:29, officially [1] - 72:26 44:18, 44:21, 55:22, 77:5, 78:19, 78:23 79:27 32:18 OK [2] - 71:22, 72:24 58:11 narrow [1] - 4:18 mortar [1] - 23:19 Omeath [10] - 18:18, Own [1] - 4:3 national [1] - 77:8 moss [1] - 42:15 O 38:24, 38:30, 39:11, nature [1] - 24:19 39:22, 39:26, 40:2, most [8] - 6:30, 7:10, P near [1] - 54:9 O'Callaghan [3] - 59:18, 11:14, 11:16, 28:18, 40:29, 41:27, 69:9 59:20, 67:3 54:11, 72:20, 79:21 nearby [1] - 6:19 ON [1] - 1:1 p.m [4] - 39:9, 39:16, Neave [1] - 24:15 O'CALLAGHAN [6] - 40:26, 69:7 mother [3] - 3:13, 3:16, once [4] - 29:8, 37:17, 59:22, 59:25, 67:7, 39:21 necessary [1] - 48:20 48:30, 77:20 p.m. [1] - 40:19 need [5] - 2:25, 14:24, 68:4, 68:6, 76:12 page [29] - 33:19, 35:24, mother-in-law [1] - 3:13 one [44] - 2:13, 2:29, 3:4, 16:29, 22:19, 72:1 o'clock [3] - 36:3, 67:5, 37:19, 37:22, 37:24, motivation [1] - 76:7 4:29, 6:11, 6:12, 6:30, needed [3] - 28:7, 61:15 67:12 39:8, 40:26, 41:25, motorbike [4] - 18:19, 7:9, 7:19, 9:30, 12:13, O'SULLIVAN [1] - 76:16 45:1, 50:28, 51:9, 41:3, 71:18, 71:26 negotiate [1] - 56:2 13:25, 14:11, 16:30, negotiations [1] - 10:21 obliged [2] - 24:28, 47:7 51:11, 51:13, 51:19, motorcycle [7] - 10:13, 20:13, 21:10, 23:3, observation [1] - 16:26 51:21, 53:29, 63:12, 18:13, 40:12, 42:25, nest [2] - 14:26, 16:4 24:14, 24:15, 24:16, observations [1] - 52:11 63:13, 64:18, 65:27, 51:24, 51:25, 52:4 nests [1] - 37:11 27:19, 33:10, 33:24, observed [1] - 40:18 36:22, 37:13, 40:5, 68:7, 68:8, 69:6, 69:17, motoring [3] - 22:28, never [5] - 23:1, 54:25, obstruction [1] - 46:17 69:19, 70:2, 71:24, 23:6, 40:9 54:28, 71:28, 73:14 41:11, 42:1, 43:4, obstructive [4] - 46:11, 45:20, 48:17, 50:5, 78:14 mount [1] - 28:14 Newcastle [2] - 45:29, 53:11 63:23, 69:25, 69:30 52:1, 53:5, 59:12, pages [1] - 51:14 Mountbatten [6] - 3:5, obtain [1] - 52:9 62:14, 67:5, 71:9, 74:1, palaces [1] - 36:22 3:8, 20:22, 24:16, 59:9, Newry [11] - 4:7, 4:27, obvious [1] - 48:18 77:14, 78:3, 78:29 paper [1] - 74:28 63:1 5:5, 5:8, 7:3, 9:25, 10:7, obviously [24] - 3:5, 5:26, ones [2] - 14:21, 62:28 papers [4] - 35:17, 35:18, move [2] - 29:7, 64:14 34:5, 42:9, 78:19, 78:22 news [1] - 6:2 6:24, 8:13, 9:1, 10:23, open [1] - 69:19 65:24, 68:7 moved [2] - 8:15, 40:15 next [6] - 3:14, 6:6, 15:17, 11:15, 15:28, 16:6, opened [5] - 35:20, Parachute [2] - 3:30, movements [2] - 28:30, 19:24, 26:2, 26:23, 62:25, 63:8, 69:18, 23:27 29:11 15:18, 77:26, 79:27 night [1] - 12:10 30:10, 32:1, 42:18, 70:25 paragraph [3] - 51:20, moving [1] - 58:16 nine [1] - 51:14 44:26, 44:28, 44:29, opening [1] - 68:10 51:21, 53:29 MR [19] - 35:9, 35:11, 54:5, 60:8, 60:27, 63:2, operate [1] - 29:12 parallel [1] - 4:9 37:24, 46:22, 47:7, nitrite [3] - 19:13, 43:3, 63:4, 73:15 operated [2] - 30:30, 31:1 paramilitary [2] - 30:6, 47:13, 51:13, 56:25, 45:4 occasion [10] - 17:7, 32:7 59:17, 59:22, 59:25, none [3] - 52:21, 57:6, operating [2] - 6:21, 18:1, 18:6, 19:30, 20:1, paratroopers [1] - 6:17 67:7, 68:4, 68:6, 76:12, 75:6 50:13 20:5, 20:7, 23:3, 32:25, part [12] - 9:1, 10:17, 76:18, 76:20, 76:22, normal [1] - 45:25 operation [10] - 23:7, 49:19 77:29 north [14] - 6:15, 11:3, 28:14, 28:15, 28:25, 12:23, 15:20, 51:29, occasions [1] - 48:9 29:2, 29:6, 29:9, 31:2, 54:2, 64:29, 65:6, MRS [11] - 1:6, 1:12, 2:1, 23:1, 24:10, 34:2, occurred [4] - 7:29, 65:29, 66:24, 71:4, 2:4, 33:18, 35:5, 78:3, 39:21, 39:25, 40:17, 31:20 35:29, 64:15, 71:19 71:19 78:5, 78:7, 79:16, 79:26 42:13, 47:28, 52:8, operational [1] - 44:29
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 8 particular [14] - 2:14, 5:4, photographs [1] - 17:25 potential [2] - 43:26, prove [1] - 19:17 reading [2] - 3:25, 70:11 5:14, 10:16, 17:7, 20:5, picked [2] - 30:24, 74:11 47:30 proved.. [1] - 43:15 ready [3] - 7:8, 45:15, 24:9, 26:7, 37:13, picture [1] - 31:4 potentially [6] - 15:8, provide [1] - 75:30 70:10 45:19, 50:15, 54:28, piece [1] - 42:16 28:27, 29:5, 43:8, 44:5, provided [6] - 42:24, real [1] - 52:16 64:18 pieces [1] - 16:16 48:5 45:11, 53:1, 54:23, really [4] - 41:15, 52:28, particularly [5] - 18:30, place [20] - 15:26, 24:21, pounds [1] - 5:16 72:14, 75:27 76:4, 76:7 24:18, 34:4, 36:20, 26:30, 27:25, 28:27, power [1] - 28:20 providing [3] - 40:23, reason [4] - 29:27, 54:28, 65:10 34:17, 37:13, 38:5, precipitated [1] - 8:17 57:4, 70:13 72:21, 73:24 parties [1] - 73:19 39:13, 44:6, 56:12, precisely [1] - 6:28 Provisional [3] - 30:10, reasonable [2] - 10:15, partly [1] - 7:30 57:27, 62:20, 64:4, preferred [1] - 44:20 55:9, 74:3 19:17 parts [6] - 7:22, 7:23, 64:5, 66:19, 68:15, preliminary [2] - 28:6, proviso [1] - 21:27 reasons [2] - 16:7, 27:26 8:23, 16:14, 21:25, 68:21, 69:11, 78:28 28:26 provisos [3] - 21:20, receded [1] - 54:9 68:10 placed [1] - 29:6 prepared [2] - 19:28, 25:8, 25:9 received [6] - 34:28, party [4] - 22:8, 40:15, places [1] - 4:20 50:26 proximity [1] - 52:12 35:18, 35:19, 45:29, 40:18, 51:25 placing [1] - 13:23 preparing [1] - 21:24 PSNI [2] - 35:20, 76:23 59:29, 65:25 pass [1] - 23:8 plain [5] - 14:11, 14:18, present [9] - 15:16, purchased [1] - 51:24 recent [2] - 27:30, 34:19 passed [2] - 27:13, 74:24 14:22, 61:8, 61:27 15:17, 20:7, 36:11, purely [1] - 32:6 recently [1] - 43:8 passing [2] - 5:13, 5:15 plain-clothes [5] - 14:11, 40:10, 53:2, 66:13, purports [1] - 53:8 recited [1] - 42:23 past [2] - 4:7, 46:26 14:18, 14:22, 61:8, 73:5, 73:12 pursue [1] - 24:7 recognised [2] - 11:21, path [1] - 42:17 61:27 presentation [1] - 73:22 put [16] - 6:1, 15:28, 50:17 Patrick [1] - 42:3 planned [5] - 7:1, 7:9, preserved [9] - 46:9, 24:21, 29:19, 29:29, recollection [17] - 12:10, paying [1] - 30:8 27:27, 28:25, 29:5 47:25, 49:2, 50:18, 30:4, 32:13, 32:22, 16:25, 31:26, 32:27, people [45] - 4:15, 6:24, played [1] - 51:29 61:30, 62:1, 63:21, 54:19, 57:27, 60:28, 34:30, 37:13, 41:19, 7:8, 9:14, 10:3, 10:18, plural [1] - 69:26 65:12, 69:24 63:4, 72:2, 74:28, 49:18, 49:20, 50:19, 11:7, 11:16, 12:18, poacher [1] - 43:9 preserving [3] - 1:10, 74:29, 75:2 60:1, 60:4, 60:29, 63:5, 14:8, 14:20, 14:28, point [36] - 7:8, 8:12, 9:8, 1:12, 15:14 64:8, 72:26, 79:3 15:6, 16:15, 18:13, 9:15, 10:5, 10:13, presumably [2] - 17:6, Q recollections [1] - 60:26 18:30, 19:19, 23:5, 10:17, 10:20, 10:22, 72:28 recommended [1] - 73:8 Queen's [1] - 4:3 23:15, 26:19, 27:9, 10:27, 12:27, 15:9, presume [2] - 27:26, record [8] - 41:16, 42:4, 27:19, 28:7, 29:24, 15:24, 16:7, 18:9, 32:10 questioning [1] - 58:18 46:29, 63:29, 64:10, 30:3, 30:14, 30:15, 18:20, 24:9, 37:6, 39:2, presumed [1] - 48:29 questions [9] - 35:14, 64:11, 66:26, 69:14 30:28, 34:10, 34:14, 40:4, 40:15, 40:17, prevailing [1] - 25:29 54:5, 59:18, 59:27, recorded [12] - 36:5, 60:6, 76:14, 76:16, 34:18, 37:15, 42:2, 40:29, 43:24, 44:28, prevent [1] - 61:24 36:10, 38:15, 38:27, 76:24, 77:29 43:15, 44:16, 44:27, 46:16, 46:26, 49:8, previous [1] - 51:21 39:9, 39:28, 40:26, quickly [2] - 6:4, 15:21 49:4, 55:18, 55:30, 51:27, 53:23, 55:20, previously [2] - 58:3, 41:25, 45:9, 50:21, 56:29, 62:26, 66:23, 57:25, 64:15, 68:30, 72:7 quite [17] - 14:30, 15:27, 66:12, 74:24 17:7, 19:23, 21:1, 75:26, 75:30 77:26 primacy [1] - 24:26 records [4] - 12:6, 47:23, 28:22, 37:25, 41:8, percent [2] - 45:13, 45:17 points [3] - 38:20, 46:23, primary [2] - 55:11, 55:12 50:10, 68:19 42:12, 50:7, 55:1, perception [1] - 79:12 68:27 principal [1] - 55:20 recover [2] - 66:21, 73:10 58:27, 64:13, 72:5, perhaps [14] - 2:24, 2:26, police [7] - 11:5, 29:23, priorities [2] - 25:20, 26:1 recovered [1] - 8:25 75:14, 77:23, 78:13 2:29, 10:18, 14:4, 15:6, 29:24, 29:30, 40:9, prisoners [2] - 21:16, recovering [1] - 8:23 22:17, 23:25, 52:30, 56:13, 56:15 37:29 recovery [1] - 73:21 54:9, 64:25, 78:10, policemen [1] - 72:16 privy [1] - 33:29 R redacted [1] - 45:2 78:13, 79:12 policing [1] - 32:15 refer [6] - 2:25, 2:30, problem [2] - 44:26, 52:2 racketeering [3] - 30:23, period [4] - 11:1, 24:30, politics [2] - 56:3, 56:5 problems [1] - 44:30 32:12, 56:7 25:10, 68:10, 69:21, 50:20, 52:13 ponder [1] - 54:3 71:14 proceed [2] - 61:8, 62:14 Racketeering [5] - 30:5, permission [4] - 21:23, poor [1] - 26:11 proceedings [1] - 75:16 31:24, 33:22, 55:6, reference [20] - 25:2, 31:18, 31:21, 47:1 population [1] - 45:23 process [4] - 17:11, 18:5, 74:15 25:11, 33:14, 34:26, perpetrators [1] - 65:7 posing [1] - 74:27 37:20, 37:25, 41:2, 25:4, 30:20 raise [1] - 47:4 person [19] - 9:4, 12:22, position [13] - 6:18, 6:26, 45:27, 52:23, 53:9, processed [1] - 17:19 raised [6] - 57:15, 57:21, 12:26, 13:8, 13:10, 8:28, 17:26, 27:16, 58:2, 58:14, 64:17, professional [2] - 28:19, 73:18, 77:17, 77:20, 14:7, 15:29, 20:5, 27:18, 38:13, 38:26, 77:13 78:9 66:29, 68:23, 69:16, 25:24, 33:25, 40:28, 50:14, 51:28, 53:5, 69:20, 69:28, 74:8, professionally [1] - 16:3 rank [1] - 56:3 41:18, 42:18, 60:23, 62:10, 75:13 74:13 programme [2] - 27:30 rather [2] - 16:12, 41:22 61:4, 62:9, 62:14, possession [1] - 40:13 references [1] - 34:8 prompted [1] - 75:11 RE [1] - 78:5 62:15, 63:19 possibilities [4] - 20:13, referred [10] - 21:23, properly [1] - 20:27 re [4] - 39:13, 40:29, personal [2] - 18:9, 58:11 20:14, 44:4, 73:11 38:4, 38:16, 38:23, propose [1] - 60:3 69:10, 72:24 personally [1] - 27:1 possibility [3] - 10:14, 38:29, 45:27, 46:2, prosecute [1] - 55:17 re-examination [1] - Personnel [1] - 35:21 23:1, 29:1 63:13, 64:3, 65:14 prosecuted [4] - 23:26, 40:29 personnel [2] - 14:17, possible [19] - 6:4, 10:20, referring [5] - 31:15, 29:26, 59:4, 59:7 RE-EXAMINED [1] - 78:5 37:28 16:4, 17:8, 22:23, 35:23, 51:11, 51:13, prosecuting [1] - 73:12 re-inquiry [1] - 72:24 persons [2] - 39:21, 40:8 25:29, 29:15, 29:17, 64:23 prosecution [3] - 24:7, reached [4] - 12:2, 12:20, pertinent [1] - 54:5 33:13, 38:20, 39:2, refers [2] - 64:10, 69:26 44:13, 73:6 65:11, 65:20 petrol [1] - 5:21 40:4, 40:15, 40:29, refresh [1] - 63:10 protect [1] - 76:5 reaction [2] - 77:23, phone [2] - 26:27, 28:25 53:6, 58:16, 58:30, refute [1] - 75:14 protected [1] - 15:11 77:26 photograph [1] - 38:10 68:27, 73:6 reg [1] - 70:5 protection [1] - 25:21 read [3] - 3:23, 33:13, photographed [2] - 38:6, possibly [5] - 16:10, 37:7, regarding [4] - 37:28, protocol [2] - 25:5, 25:12 46:29 68:17 53:4, 53:5, 59:3 54:2, 54:12, 77:18
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 9 regards [1] - 22:17 research [1] - 28:28 S scientists [2] - 20:23, serious [5] - 7:17, 17:22, Regiment [2] - 3:30, resentment [1] - 18:10 43:27 44:29, 74:23, 77:21 23:27 respect [8] - 61:23, 65:23, sadness [1] - 13:26 screening [1] - 1:8 Serious [2] - 34:25, 35:21 region [1] - 34:1 68:20, 70:13, 71:15, safe [2] - 57:29, 58:23 scythes [1] - 16:2 seriously [3] - 3:13, registered [1] - 45:10 71:30, 75:1, 75:24 safely [1] - 26:30 sea [1] - 3:9 77:15, 77:19 registering [1] - 31:1 response [1] - 18:5 safety [3] - 27:11, 58:5, sealing [2] - 62:20 set [4] - 23:8, 25:11, regularly [1] - 27:7 rest [1] - 16:5 74:27 search [7] - 46:12, 47:10, 52:11, 72:16 reinforcements [2] - result [12] - 5:26, 17:8, sake [1] - 75:29 47:11, 48:22, 48:23, seven [1] - 63:14 5:26, 6:25 17:9, 19:27, 22:13, saliva [1] - 19:13 63:24, 63:27 several [2] - 6:9, 22:3 reinitiate [1] - 54:10 22:16, 22:30, 23:18, Salthill [1] - 32:17 searches [3] - 7:21, severe [1] - 5:24 relate [1] - 52:18 24:11, 24:21, 30:28, Samaritan [1] - 58:20 38:19, 68:26 shall [1] - 29:23 related [2] - 46:7, 63:19 66:20 sample [5] - 42:15, 42:16 second [17] - 6:5, 7:12, share [1] - 34:10 relates [1] - 71:18 results [1] - 54:14 samples [12] - 14:13, 8:12, 17:30, 18:3, 18:6, shared [1] - 48:1 relating [1] - 56:19 RESUMED [1] - 1:1 40:30, 42:24, 42:26, 19:30, 20:7, 32:25, sharing [1] - 27:5 relation [24] - 6:5, 17:3, retired [1] - 59:26 43:1, 43:18, 47:22, 36:2, 52:5, 52:6, 60:20, shell [1] - 16:23 23:6, 24:7, 27:25, 28:4, return [1] - 52:13 48:15, 78:18, 78:20, 68:11, 73:4, 78:14, shelter [2] - 6:21, 6:25 34:28, 37:29, 41:29, returned [3] - 40:18, 46:8, 79:2, 79:4 78:27 shook [1] - 14:11 43:11, 43:26, 44:9, 63:20 samples.. [1] - 78:15 secretor [1] - 45:22 shooting [11] - 2:17, 45:17, 45:20, 45:30, revealing [1] - 32:3 satisfactory [2] - 16:26, secure [1] - 58:5 36:8, 37:4, 37:30, 38:5, 53:10, 53:21, 56:7, reviewed [1] - 53:16 41:11 secured [3] - 19:26, 66:3, 66:19, 68:15, 58:14, 74:14, 77:2, rifles [2] - 8:25, 66:21 satisfied [1] - 43:25 49:13, 58:29 68:21, 68:22, 69:3 79:4, 79:10, 79:14 right-hand [1] - 51:7 saw [4] - 14:17, 27:30, security [5] - 24:18, short [3] - 28:24, 29:7, relationship [4] - 11:25, rightly [1] - 20:12 49:5, 61:26 28:16, 28:30, 29:11, 30:14 21:9, 24:20, 58:13 ring [1] - 26:10 scale [3] - 7:25, 7:26, 57:27 shot [9] - 8:12, 8:16, 8:24, relationships [1] - 9:29 rise [1] - 67:11 34:6 security-force [2] - 28:30, 36:22, 36:29, 37:1, relaying [1] - 10:24 risk [1] - 28:23 scene [90] - 6:10, 6:18, 29:11 37:8, 43:8, 78:26 released [3] - 18:13, river [3] - 8:18, 78:12, 6:24, 8:1, 8:6, 8:22, see [19] - 8:20, 8:29, 9:11, shotgun [1] - 43:9 22:22, 40:9 78:19 8:25, 10:11, 13:9, 15:1, 10:4, 14:9, 15:18, shots [1] - 6:15 releasing [1] - 25:19 road [3] - 4:22, 4:27, 5:4 15:2, 15:14, 15:24, 15:20, 15:21, 15:29, show [1] - 47:23 relevant [1] - 47:4 ROBINSON [6] - 46:22, 16:9, 17:12, 17:19, 17:28, 26:12, 28:7, shown [2] - 21:21, 21:27 remain [1] - 50:3 47:7, 76:18, 76:20, 17:22, 17:30, 20:24, 35:3, 35:25, 38:11, sickles [1] - 16:2 20:27, 21:2, 21:16, remained [1] - 30:5 76:22, 77:29 45:7, 47:13, 48:4, 57:2 side [35] - 4:19, 4:22, 36:8, 36:10, 36:15, remains [1] - 8:25 Robinson [2] - 47:3, seem [1] - 20:29 4:23, 4:27, 8:7, 8:15, remember [6] - 16:8, 76:22 36:16, 36:18, 37:14, senior [15] - 10:19, 12:19, 8:18, 8:20, 8:28, 9:4, 37:15, 37:18, 38:4, 18:2, 18:4, 58:19, rogue [3] - 29:24, 29:28, 21:11, 21:12, 22:9, 9:7, 9:11, 13:6, 14:29, 61:10, 64:6 55:23 38:13, 38:17, 39:2, 22:24, 36:14, 38:10, 36:28, 37:5, 42:9, 39:26, 40:6, 40:30, remit [1] - 55:19 role [3] - 61:12, 61:14, 39:3, 48:7, 55:30, 42:13, 43:18, 44:27, 41:19, 42:2, 44:12, remnants [2] - 31:23, 72:6 57:11, 61:16, 72:6, 79:6 44:29, 51:27, 51:30, 44:17, 45:12, 46:8, 46:28 round [1] - 34:1 sense [1] - 44:16 78:10, 78:12, 78:19, 46:9, 47:20, 47:25, remotely [1] - 9:17 roundabout [3] - 4:26, sent [3] - 40:6, 42:10, 78:22, 78:23, 78:29, 47:30, 48:17, 49:2, removed [1] - 78:18 7:7 70:30 79:2, 79:9, 79:14 49:30, 50:3, 50:5, repeat [2] - 77:1, 77:2 route [3] - 4:7, 7:4, 7:5 sentence [1] - 46:28 sides [2] - 39:13, 69:11 50:16, 50:18, 60:10, replace [1] - 7:3 Rover [1] - 4:6 sentenced [1] - 23:21 sideways [1] - 35:24 60:11, 61:13, 61:18, Report [2] - 24:24, 25:14 Rovers [2] - 6:10, 26:29 separated [1] - 29:3 sight [1] - 21:7 61:29, 61:30, 62:17, report [28] - 8:27, 21:8, row [1] - 74:30 September [11] - 45:3, significant [3] - 39:5, 63:21, 64:7, 64:26, 21:15, 21:20, 21:22, royal [1] - 36:22 46:3, 47:16, 47:23, 41:4, 50:11 65:10, 65:21, 66:2, 53:16, 63:8, 63:9, 21:25, 21:26, 34:27, RUC [47] - 1:7, 2:15, 2:25, simple [1] - 58:18 66:5, 66:8, 66:12, 35:2, 40:23, 43:23, 9:13, 9:29, 11:4, 11:8, 63:30, 64:4, 64:12, 70:3 simultaneously [1] - 52:4 66:19, 66:23, 66:27, 45:29, 50:26, 50:29, 11:20, 12:19, 12:22, Sergeant [53] - 2:12, Siochana [3] - 70:13, 68:14, 68:22, 68:25, 51:5, 51:9, 51:17, 17:6, 19:25, 21:26, 13:1, 13:4, 14:4, 14:9, 71:5, 72:10 69:2, 69:15, 69:24, 51:21, 52:18, 52:20, 22:25, 23:2, 24:5, 14:12, 20:2, 32:15, sit [1] - 67:11 70:7, 70:27, 71:8, 72:3, 53:1, 53:10, 53:24, 24:24, 24:26, 25:6, 32:26, 36:12, 38:23, site [10] - 14:19, 14:21, 77:5, 77:18, 78:25, 53:29, 54:17, 56:6, 57:9 25:17, 25:22, 26:29, 38:28, 39:10, 39:12, 15:9, 15:20, 15:30, 78:28 reports [3] - 16:20, 28:1, 29:8, 29:22, 29:24, 39:19, 39:23, 39:29, 60:14, 60:19, 60:30, scenes [6] - 10:23, 17:10, 58:15 30:15, 35:18, 35:19, 39:30, 40:27, 41:26, 70:19, 76:26 42:2, 42:9, 44:10, 44:21 representation [1] - 22:9 36:14, 38:6, 41:16, 42:3, 45:10, 55:5, situation [1] - 63:2 schemes [2] - 55:12, representative [3] - 48:7, 55:23, 58:10, 55:28, 56:11, 57:12, six [3] - 5:30, 73:25, 75:9 55:14 57:16, 57:17, 59:26, 14:20, 37:16, 61:2 58:21, 60:30, 65:9, sixth [1] - 69:21 Science [2] - 42:4, 42:6 60:21, 61:5, 61:7, Republic [7] - 3:7, 4:10, 66:26, 68:7, 68:17, size [1] - 29:28 science [1] - 45:21 61:12, 61:20, 61:27, 4:11, 4:18, 4:23, 6:21, 70:13, 72:9, 72:29, skies [1] - 64:7 scientist [22] - 10:24, 62:7, 62:11, 62:15, 8:15 74:27, 75:12, 77:12 slightest [1] - 65:4 10:26, 12:3, 16:26, 62:29, 63:16, 64:3, reputation [3] - 13:17, RUC-issue [1] - 26:29 Sligo [1] - 3:9 17:27, 18:3, 42:18, 66:15, 66:18, 69:8, 77:9, 77:10 rumours [3] - 55:4, 55:7, smaller [1] - 5:12 42:29, 47:9, 48:3, 49:1, 69:10, 69:14, 69:29, request [4] - 8:24, 47:12, 55:28 smoked [6] - 43:14, 49:13, 49:26, 50:4, 70:4, 70:16, 73:2 63:27, 79:5 run [1] - 30:8 43:15, 45:13, 45:18, 50:7, 50:13, 52:25, sergeant [5] - 12:26, requested [1] - 49:2 running [2] - 62:28, 62:30 45:19, 70:8 52:27, 61:14, 61:18, 12:28, 31:12, 70:12, require [1] - 1:8 runs [1] - 4:8 smugglers [1] - 56:20 61:26, 65:11 70:16 requires [1] - 17:13 rural [1] - 4:8 smuggling [15] - 30:12,
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 10
30:18, 33:23, 33:27, 46:23 53:24, 58:24 61:2, 61:16, 61:24, 38:5, 64:5, 66:19, 33:28, 34:11, 34:16, spirit [1] - 50:8 substantial [5] - 6:22, 63:23 68:15, 78:28 34:17, 34:22, 55:8, spot [3] - 4:8, 4:11, 4:14 11:23, 15:27, 21:17, Telegraph [2] - 28:2, top [3] - 20:23, 45:2, 51:7 56:20, 56:30, 74:8, Spotlight [1] - 27:30 31:2 75:10 total [1] - 42:30 74:14, 75:2 Squad [8] - 2:7, 2:8, 5:29, success [1] - 29:1 ten [3] - 2:11, 28:11, totally [3] - 11:5, 25:26, Smyth [2] - 26:16, 32:17 8:2, 30:5, 31:24, 33:22, successful [4] - 7:10, 28:25 75:13 so.. [1] - 63:1 74:15 31:26, 32:1, 32:2 tenuous [1] - 52:1 towards [3] - 4:27, 5:8, soil [1] - 42:16 stage [18] - 7:27, 9:30, successfully [1] - 59:10 term [1] - 74:14 14:10 soldiers [12] - 3:6, 3:29, 11:8, 15:11, 17:15, sufficient [2] - 19:16, terms [2] - 25:11, 44:1 traced [1] - 43:3 5:18, 5:30, 6:3, 6:17, 23:26, 23:28, 24:29, 43:28 terrain [1] - 4:16 traces [1] - 43:3 7:3, 7:11, 7:20, 8:26, 28:10, 40:22, 47:15, suggest [13] - 28:24, terrorism [8] - 17:10, traffic [1] - 22:28 42:11, 79:15 48:2, 53:14, 54:16, 30:13, 34:16, 39:5, 30:17, 30:18, 31:5, trailer [2] - 4:21, 5:15 sole [5] - 25:17, 25:25, 54:22, 59:5, 62:21, 40:21, 41:16, 50:11, 32:4, 34:16, 34:22, trampled [2] - 16:12, 25:26, 73:6, 73:9 76:27 53:3, 64:25, 74:9, 55:29 16:16 solely [2] - 60:18, 61:17 standby [2] - 6:2, 29:7 74:20, 74:23, 77:9 terrorist [3] - 2:9, 2:14, transmitter [3] - 46:12, solicitor [1] - 59:30 standing [2] - 15:19, suggested [7] - 16:20, 30:9 47:11, 63:24 someone [4] - 25:23, 62:22 46:11, 46:12, 63:23, Thatcher [2] - 24:11, transpired [2] - 19:4, 49:29, 55:17, 79:8 stands [1] - 29:27 71:13, 71:15, 78:10 24:14 43:17 sometime [2] - 13:12, start [1] - 17:4 suggesting [7] - 56:4, THE [10] - 1:1, 35:9, travel [1] - 75:13 36:2 started [6] - 2:16, 5:17, 61:22, 64:18, 65:16, 59:22, 68:1, 76:20, travelled [2] - 13:14, 14:2 soon [1] - 9:10 9:10, 25:4, 37:17, 65:26 71:9, 71:13, 74:2 78:5, 80:1 travelling [4] - 2:6, 5:7, sophisticated [2] - 11:2, starting [1] - 25:5 suggestion [7] - 29:14, themselves [4] - 15:7, 18:19, 40:12 11:14 state [2] - 45:21, 53:13 41:8, 43:7, 55:18, 16:15, 72:20, 76:5 trees [3] - 4:17, 7:22, 7:24 sorry [40] - 8:3, 9:23, statement [12] - 22:1, 56:29, 57:4, 70:22 THEN [1] - 80:1 TRIBUNAL [4] - 1:1, 17:9, 22:15, 23:11, 29:20, 33:7, 33:11, suggests [3] - 46:13, theory [1] - 15:6 67:14, 68:1, 80:1 26:5, 26:26, 27:3, 33:19, 59:29, 71:7, 63:24, 76:3 thereabouts [1] - 36:3 Tribunal [12] - 2:6, 27:25, 30:21, 32:27, 33:9, 71:10, 72:15, 72:22, summing [1] - 53:30 thinking [6] - 11:17, 12:5, 31:7, 65:25, 72:15, 33:21, 38:25, 41:29, 75:17, 79:1 Superintendent [24] - 32:30, 37:9, 48:14, 75:8, 75:22, 75:27, 42:27, 46:2, 46:13, statements [1] - 52:9 9:22, 9:24, 27:17, 36:6, 78:21 76:1, 76:28, 77:6, 79:20 46:22, 48:22, 50:30, states [6] - 47:9, 50:17, 36:11, 36:12, 37:26, third [1] - 5:13 troops [2] - 5:7, 5:10 51:2, 51:7, 51:15, 60:8, 68:11, 69:2, 70:4 38:1, 38:2, 39:30, 40:3, thirty [1] - 60:5 trouble [2] - 54:26, 77:21 51:19, 51:20, 53:23, stating [2] - 62:5, 65:19 60:22, 62:27, 65:30, thirty-two-and-a-half [1] Troubles [3] - 3:4, 7:2, 53:24, 54:17, 55:1, Station [2] - 40:2, 41:27 66:14, 68:13, 68:24, - 60:5 13:25 59:2, 59:14, 61:3, station [4] - 29:9, 29:30, 73:26 thorough [2] - 17:22, truck [2] - 5:12, 5:15 63:10, 66:29, 69:18, 39:11, 69:9 superiors [2] - 56:6, 77:13 trucks [1] - 4:5 69:23, 71:12, 72:5, status [1] - 62:26 74:25 thoroughly [1] - 74:16 true [2] - 24:3, 26:10 76:30 step [2] - 30:15, 52:7 support [1] - 15:6 thought-out [1] - 7:1 trust [1] - 72:17 sort [2] - 15:3, 56:1 steps [2] - 55:14, 58:4 supporting [1] - 74:21 thought-process [1] - trusted [3] - 28:17, 32:20, sorts [1] - 30:6 still [7] - 17:29, 21:29, suppose [4] - 36:25, 18:5 72:17 source [3] - 21:27, 25:21, 36:11, 40:13, 48:5, 37:11, 41:21, 56:10 thoughts [1] - 26:18 truth [4] - 20:25, 26:19, 52:22 66:13, 72:17 surely [1] - 20:19 threat [2] - 56:16, 74:27 75:26, 76:6 sources [5] - 24:28, stood [1] - 61:7 surprised [4] - 17:16, three [15] - 5:11, 12:9, trying [6] - 16:22, 21:15, 30:27, 33:23, 52:11, stop [1] - 67:8 17:28, 48:4, 50:15 14:1, 24:13, 37:10, 22:22, 27:3, 53:23, 55:8 stopped [3] - 37:18, surrounding [1] - 7:22 41:5, 41:20, 41:26, 54:19 south [20] - 6:15, 9:4, 9:9, 40:12, 52:4 surviving [2] - 6:17, 8:26 48:3, 49:1, 58:21, 64:5, turn [2] - 8:5, 44:25 13:5, 16:24, 18:21, straight [1] - 61:9 suspect [2] - 58:22, 77:9 64:8, 64:15 turned [3] - 15:23, 43:12, 23:1, 28:15, 30:11, stranger [1] - 11:18 suspects [11] - 10:12, throughout [4] - 2:9, 61:28 33:22, 34:15, 39:9, straw [2] - 4:22, 5:16 10:16, 10:30, 22:22, 11:22, 13:23, 60:17 turning [1] - 24:9 39:20, 40:18, 42:3, stretch [1] - 5:4 23:12, 34:29, 43:25, throw [1] - 74:7 turning-point [1] - 24:9 46:9, 54:25, 55:8, strict [2] - 21:20, 25:8 45:30, 48:1, 51:26, 53:4 throw-away [1] - 74:7 turns [1] - 61:19 63:21, 75:13 strong [2] - 13:17, 32:29 SWORN [1] - 2:1 thrown [2] - 46:14, 63:25 twenty [2] - 18:16, 18:17 southern [6] - 8:18, 8:20, stronger [3] - 29:20, system [2] - 24:21, 25:27 Thursday [6] - 12:6, twenty-five [1] - 18:17 44:28, 51:27, 78:22 29:29, 34:12 Síochána [10] - 13:23, 12:10, 12:21, 13:9, twice [1] - 28:1 speaking [1] - 62:6 strongest [1] - 71:7 29:28, 32:23, 35:14, 17:21, 39:22 twin [1] - 3:16 Special [11] - 24:25, 36:7, 38:16, 59:9, 60:9, strongly [2] - 61:11, TO [1] - 68:3 two [46] - 4:2, 4:5, 5:12, 24:29, 25:6, 25:7, 65:19 65:18, 66:1 to.. [1] - 38:14 5:30, 6:10, 8:17, 9:12, 25:17, 25:19, 25:20, structure [1] - 30:9 today [5] - 22:2, 34:16, 9:15, 9:30, 10:12, 25:26, 27:7, 27:8, 27:9 stuff [1] - 40:24 T 42:1, 79:19, 79:26 10:15, 10:30, 11:16, specialist [1] - 14:17 stunningly [1] - 4:16 toing [1] - 41:16 13:24, 18:12, 18:13, specialists [1] - 30:26 tasking [1] - 79:4 submissions [1] - 30:28 tolerate [1] - 28:16 18:18, 19:19, 21:10, specific [8] - 15:20, taxis [1] - 31:2 submitted [2] - 40:24, tolerated [1] - 28:21 22:12, 22:22, 23:12, 27:10, 27:20, 28:8, team [25] - 10:28, 11:28, 74:28 tomorrow [2] - 14:25, 24:23, 27:22, 29:8, 56:8, 59:30, 65:1, 73:21 12:24, 13:15, 13:19, subsequent [5] - 11:25, 79:27 30:17, 31:19, 31:22, specifically [1] - 64:23 14:24, 15:1, 15:22, 22:18, 41:2, 48:9, 64:13 tongue [1] - 23:8 31:25, 31:30, 40:5, specifics [2] - 17:3, 34:8 17:6, 20:19, 21:2, subsequently [11] - tonight [1] - 14:24 40:8, 42:25, 51:25, speculate [1] - 25:9 22:21, 23:11, 27:19, tonne [2] - 5:11, 5:15 52:2, 52:4, 60:5, 67:11, 18:25, 20:9, 20:25, 29:12, 29:25, 32:30, speculative [1] - 52:1 71:12, 71:14, 74:4, 21:8, 23:16, 23:21, 39:25, 46:11, 47:28, took [10] - 4:7, 6:25, spent [3] - 16:29, 26:15, 38:15, 45:9, 48:20, 24:30, 26:21, 27:25, 75:12, 75:19, 75:29,
Doyle Court Reporters Ltd. Smithwick Tribunal - 16 February 2012 - Day 76 11
76:8, 79:14 video [1] - 22:12 57:6, 75:6 36:21, 36:28 tying [1] - 45:24 video-link [1] - 22:12 whereby [1] - 25:27 yourself [5] - 41:22, type [2] - 15:25, 45:19 view [26] - 6:26, 6:30, whim [1] - 28:23 44:18, 47:14, 50:2, 9:30, 10:25, 15:10, whole [10] - 11:6, 16:17, 54:24 U 18:9, 19:29, 24:13, 18:5, 30:9, 32:30, 34:1, yourselves [1] - 12:17 24:23, 25:2, 25:5, 34:15, 48:25, 51:20, ultimate [1] - 43:2 25:14, 26:1, 28:4, 78:20 £ ultimately [1] - 18:20 28:27, 32:6, 40:17, wholesale [1] - 16:17 £34 [1] - 31:27 um-hmm [2] - 25:13, 41:21, 43:24, 44:20, wide [1] - 4:20 37:19 46:17, 54:6, 57:25, witness [18] - 1:6, 2:28, unable [1] - 42:1 64:5, 78:25 2:29, 8:3, 21:13, 31:6, uncooperation [1] - views [1] - 27:29 33:19, 35:18, 42:1, 46:18 visible [1] - 37:24 46:19, 46:24, 46:27, uncooperative [6] - visit [7] - 18:3, 39:2, 50:15, 62:2, 71:12, 46:10, 50:19, 63:22, 39:25, 49:27, 50:8, 71:30, 79:27 69:20, 69:24, 69:29 57:28 Witness [66] - 1:7, 2:4, uncovered [1] - 31:27 visited [7] - 4:15, 36:7, 2:21, 2:30, 8:4, 9:21, undated [1] - 53:28 38:4, 38:16, 66:1, 10:3, 10:14, 11:18, under [4] - 25:8, 39:8, 68:14, 68:25 12:21, 14:2, 14:15, 50:13, 64:25 visiting [1] - 54:11 14:30, 15:22, 16:6, undergrowth [1] - 16:5 visitor [1] - 8:11 17:16, 21:13, 21:18, underneath [1] - 68:23 visits [1] - 41:5 21:19, 21:24, 21:26, unfair [2] - 50:21, 75:18 vital [1] - 53:30 22:2, 22:4, 22:8, 22:12, unfortunate [1] - 5:24 voluntarily [1] - 79:19 22:15, 22:20, 23:4, unfortunately [1] - 23:10 volunteers [1] - 30:8 25:10, 31:17, 31:18, uniform [6] - 12:25, 14:8, 31:29, 37:17, 38:12, 14:22, 24:27, 26:4, 26:5 W 38:25, 40:23, 40:28, uniformed [4] - 15:11, 43:23, 46:5, 46:7, 47:9, 62:13, 62:18, 62:19 W72 [1] - 69:28 62:2, 62:6, 62:10, unit [1] - 28:15 W72's [1] - 64:18 62:29, 63:15, 63:17, units [4] - 2:11, 2:12, wait [1] - 54:13 63:18, 63:19, 63:20, 2:13, 5:30 Walker [2] - 24:24, 25:14 63:26, 63:30, 64:24, unlikely [3] - 46:13, walking [1] - 16:6 69:22, 72:3, 72:14, 73:20, 75:19 wall [1] - 6:19 72:21, 76:26, 77:3, unofficial [1] - 52:20 warned [1] - 76:3 77:7, 77:8, 77:17, 78:8, unofficially [3] - 21:19, Warrenpoint [11] - 3:20, 79:18 35:1, 52:21 4:25, 4:29, 6:3, 7:7, WITNESS [6] - 2:1, 35:9, unpopulated [1] - 4:8 21:25, 23:27, 24:8, 59:22, 68:3, 76:20, 78:5 unreliable [1] - 75:23 24:12, 24:16, 59:10 witnesses [4] - 41:3, unsuccessful [1] - 10:9 WAS [5] - 2:1, 35:9, 44:24, 71:13, 71:15 UNTIL [1] - 80:1 59:22, 76:20, 78:5 wonder [2] - 2:23, 76:23 unusual [1] - 48:27 watched [1] - 28:1 wonderful [3] - 19:27, up [26] - 5:16, 5:17, watching [4] - 14:29, 32:19, 58:12 12:12, 14:10, 18:26, 29:10, 36:28 wonderfully [2] - 7:9, 20:19, 23:8, 23:25, Water [17] - 4:7, 23:24, 32:2 26:12, 28:29, 30:25, 32:25, 34:25, 35:29, wondering [3] - 33:7, 44:25, 47:22, 52:12, 42:9, 60:1, 70:14, 55:27, 56:5 53:30, 56:1, 56:6, 71:16, 71:17, 71:24, word [1] - 48:15 60:14, 60:19, 60:30, 72:3, 72:25, 76:27, words [1] - 57:23 61:9, 63:6, 63:20, 77:5, 78:19, 78:23 world [1] - 13:24 72:16, 74:11, 74:24 water [4] - 4:16, 4:24, 8:7, worries [1] - 26:22 upset [1] - 3:24 36:28 worse [1] - 3:4 useful [1] - 75:30 waterfront [2] - 60:11, worth [1] - 31:27 60:18 writing [1] - 74:24 V weapons [4] - 9:1, 29:4, written [1] - 46:6 42:11, 79:7 wrongly [1] - 20:12 vague [2] - 50:30, 51:1 weather [1] - 64:6 value [4] - 19:12, 52:26, Wednesday [2] - 39:10, Y 73:11, 75:27 69:7 vapourised [1] - 7:20 weekly [1] - 11:13 yards [4] - 4:11, 4:26, variety [1] - 11:6 weeks [2] - 5:11, 75:9 36:19, 78:19 various [9] - 19:22, 28:1, weeks' [1] - 22:13 year [1] - 54:7 38:10, 41:3, 42:24, well-known [1] - 4:14 years [12] - 11:26, 15:28, 42:26, 44:4, 47:22, well-planned [1] - 7:1 18:26, 23:22, 23:30, 31:3, 58:13, 58:25, 48:15 Welsh [2] - 23:7, 23:12 60:5, 72:17, 73:25, vehemently [1] - 74:30 west [1] - 58:19 74:12 vehicle [1] - 5:13 West [1] - 4:2 young [4] - 8:10, 18:19, vehicles [1] - 5:12 whatsoever [3] - 56:17,
Doyle Court Reporters Ltd.