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A P P E a R a N C E S the Sole Member: His Honour Judge Peter Smithwick for the Tribunal: Mrs. Mary Laverty, SC Mr. Justin Dill

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A P P E a R a N C E S the Sole Member: His Honour Judge Peter Smithwick for the Tribunal: Mrs. Mary Laverty, SC Mr. Justin Dill A P P E A R A N C E S The Sole Member: His Honour Judge Peter Smithwick For the Tribunal: Mrs. Mary Laverty, SC Mr. Justin Dillon, SC Mr. Dara Hayes, BL Mr. Fintan Valentine, BL Instructed by: Jane McKevitt Solicitor For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC Mr. Michael Durack, SC Mr. Gareth Baker, BL Instructed by: Mary Cummins CSSO For Owen Corrigan: Mr. Jim O'Callaghan, SC Mr. Darren Lehane, BL Instructed by: Fintan Lawlor Lawlor Partners Solicitors For Leo Colton: Mr. Paul Callan, SC Mr. Eamon Coffey, BL Instructed by: Dermot Lavery Solicitors For Finbarr Hickey: Fionnuala O'Sullivan, BL Instructed by: James MacGuill & Co. For the Attorney General: Ms. Nuala Butler, SC Mr. Douglas Clarke, SC Instructed by: CSSO For Freddie Scappaticci: 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. DAVID McCONVILLE EXAMINED BY MR. DILLON 3 1 CROSS-EXAMINED BY MR. DURACK 64 2 Smithwick Tribunal - 15 May 2012 - Day 99 1 1 THE TRIBUNAL RESUMED ON THE 15TH OF MAY, 2012, AS FOLLOWS: 2 3 CHAIRMAN: Good morning. 4 5 MR. DILLON: We have one witness for you today, Chairman, 6 who is Mr. David McConville. Before I ask him to take the 7 stand, I should explain that he has already attended before 8 you and he has dealt with documents which the Tribunal team 9 have come across in the context of papers held by the RUC, 10 as it then was. Now, on the last occasion, when I opened 11 the matter to you, I pointed out that there were a number 12 of documents which, through human oversight, didn't make 13 their way into the bundle of documents that we had when 14 Mr. McConville was here on 28th of June. It's these 15 documents that are now being put into evidence before you, 16 and, of course, on the last occasion I explained 17 Mr. McConville's position and it's worthwhile repeating 18 that Mr. McConville is a retired member of the PSNI and he 19 is here to assist you in so far as he can. He is not in a 20 position to deal with the content of documents because he 21 had no involvement in the matters in which you are 22 inquiring into but he might be in a position to assist on 23 the other parties with certain terms of reference or terms 24 of art with which we are not familiar. In other words, he 25 is totally independent of the matters that you are 26 considering. 27 28 CHAIRMAN: Yes. 29 30 MR. DILLON: And he has been offered, and we are extremely Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 2 1 grateful that he has been offered as a witness to allow 2 these documents to be put in evidence before you. 3 4 CHAIRMAN: Yes. 5 6 MR. DILLON: Mr. David McConville, please. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 3 1 DAVID McCONVILLE, HAVING BEEN SWORN, WAS EXAMINED BY 2 MR. DILLON AS FOLLOWS: 3 4 MR. DURACK: Can I say in relation to the documents that 5 are going to be produced, we haven't been advised in 6 advance of what is going to be referred to, and I would be 7 obliged if, in fact, if Mr. Dillon would use the HMG 8 numbers, if that is what they are, because, in trying to 9 read the last day of this witness's evidence he refers to 10 various tabs in a book of evidence which he had prepared 11 and it's very hard to correlate them with the documents we 12 have seen. 13 14 MR. DILLON: Well, now, we will do our best with that. The 15 position is that these are documents which are 16 supplementary to the ones that have already been put in 17 evidence. 18 19 MR. DURACK: We haven't seen them at all then? 20 21 MR. DILLON: Just bear with me a second. And they have 22 been given document numbers. And I think it's also 23 important to make this point, and I know this isn't 24 necessarily going to help Mr. Durack but it's an 25 unfortunate state of affairs which we have to cope this, 26 which is this: we went through files, individual files and 27 selected those documents which, as I say, we now have 28 today. The presentation is undoubtedly a bit disjointed 29 but because the pages had been numbered, we had thought it 30 preferable, just for the time being, to leave the pages in Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 4 1 the order in which they have been presented to us because 2 it makes it much easier for the witness to follow, if 3 nothing else. That said, if there is any particular 4 difficulty, the Tribunal will certainly seek to redress 5 those and resolve any difficulties for any particular 6 party. I appreciate that it might be thought that these 7 documents are going to refer back to HMD documents. Not 8 necessarily. They are a new set of documents, if I can put 9 it that way, which in the ordinary course, would have had 10 their own HMG numbers had they been in the original bundle. 11 So, knowing what the HMG numbers were for the last lot 12 doesn't necessarily assist. But, as I say, if there is any 13 particular difficulty, the Tribunal certainly will try to 14 resolve those matters to make sure the parties fully 15 understand the contents of the documents. 16 17 MR. DURACK: Am I right to expect we will be given a copy 18 of these documents? We were given a copy of a number of 19 folders of documents originally disclosed. If there are 20 going to be new ones in this, I'd ask that we be provided 21 with a copy of those as well. 22 23 MR. DILLON: Yes, I think that should be possible 24 25 CHAIRMAN: That would make sense. Well, at the first 26 moment of difficulty, I have no doubt, Mr. Durack, you will 27 leap angrily to your feet and let me know. 28 29 MR. DURACK: We can't ask any questions if we don't know 30 what they are. Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 5 1 2 MR. DILLON: No, I'm sure he'll leap demurely to his feet. 3 1 Q. Now, Mr. McConville, just to reintroduce you to the 4 Tribunal, to the parties. You are formerly a member of the 5 PSNI, isn't that right? 6 A. That's correct. 7 2 Q. And I think you retired at the rank of Detective Chief 8 Superintendent? 9 A. Detective Superintendent. 10 3 Q. Detective Superintendent. And since -- subsequently, you 11 have been engaged with the PSNI in a civilian capacity? 12 A. That's correct. 13 4 Q. If I'm not mistaken, you are dealing now with so-called 14 cold cases? 15 A. Yes. 16 5 Q. Very well. I think I was introducing you as somebody who 17 was independent of the matters that are under review, isn't 18 that right? 19 A. That's correct. 20 6 Q. You had no involvement in the matters in 1989 or the 21 matters in 2000 that we have been considering, or any other 22 aspect of the Chairman's terms of reference? 23 A. No, none at all. 24 7 Q. You have the book in front of you, and I think, Chairman, 25 you have a copy of the book. I will go through it page by 26 page. I won't open every single document because it really 27 isn't necessary; the documents will be made available. But 28 it is important, nonetheless, to give a flavour of the 29 documents that we have come across. 30 Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 6 1 Starting with page 1: This deals with the issue of a 2 photo-fit of the driver of the suspect vehicle in Dundalk, 3 that's the caption given at the top, isn't that right? 4 A. Yes, that's correct. 5 8 Q. And does it say "Action Number"? That is just a technical 6 matter, but it introduces the next page, which is a fax 7 copy, a facsimile page from the guards in Dundalk to the 8 Incident Room in Bessbrook, and I think it was sent by 9 Detective Inspector Dan Prenty? 10 A. Yes.
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