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 : Eavanna Fitzgerald, BL Pauline O'Hare

Instructed by: Michael Flanigan Solicitor

For : Mr. Neil Rafferty, QC

Instructed by: John McAtamney Solicitor

For Breen Family: Mr. John McBurney

For Buchanan Family/ Heather Currie: Ernie Waterworth McCartan Turkington Breen Solicitors

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 - 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.

11 9 Q. And then on page 3, that, I think, is the document that was

12 transmitted by the guards to the RUC, as it then was?

13 A. Yes.

14 10 Q. "Description of man acting suspiciously at Dundalk Garda

15 Station at approximately 2:35 p.m. on 20th March 1989 while

16 driving a motorcar, reg number EIB 23" -- and then the rest

17 is blank. He is described as being 30 to 35 years old. I

18 think "RD" means round, is that a fair guess?

19 A. Probably, yes.

20 11 Q. "... round face, black curly hair, black leather jacket,

21 blue/black v-neck jumper and open neck shirt."

22 A. Yes.

23 12 Q. Now, can you assist the Chairman with this, I appreciate

24 you have no particular involvement in this particular

25 matter, but when a photo-fit such as this is sent, or

26 received by the RUC, or indeed created by the police force,

27 how is it used? How is it fed into the system? Is this

28 image circulated around to people so that if they see him

29 they can spot him, recognise him? How is it dealt with?

30 A. Certainly it would be circulated in a number of ways

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 7

1 according to the -- what the senior investigators' purposes

2 were and how they felt it should be used. It would be

3 difficult to give it a definitive position on how it would

4 be used but the investigation team, and certainly other

5 police would have had access to that photo-fit so they

6 could, perhaps, identify the individual.

7 13 Q. Thank you. Now, the next document is a document signed by

8 the late Maynard McBurney, who was, at the time, Regional

9 Head of CID South Region, and this is pages 4 and 5. Now,

10 this is -- seems to be by way of report or a minute on the

11 murders of Chief Superintendent Breen and Superintendent

12 Buchanan --

13 A. Yes.

14 14 Q. -- in 1989. Now, this is written on 31st of March 2000, so

15 it seems that this document came into being as a result of

16 Bandit Country, the book by Toby Harnden, and it's

17 addressed to the Head of Branch C1, Knocknagoney, and it

18 goes as follows:

19 "I refer to the attached report and papers forwarded

20 previously in respect of the publication entitled 'Bandit

21 Country: The IRA in South Armagh' written by Toby Harnden.

22 I wish to deal firstly with the attached article

23 attributed to Kevin Myers and published in the Irish Times

24 on 10th March 2000. It is appropriate to say that an

25 interview in connection with the matters raised is effected

26 at an early opportunity. Mr. Myers has indicated to

27 D/Chief Inspector" -- Witness 25; we have given that

28 cipher -- "that he was willing to bespoken to and if there

29 is no associated contentious issues I would propose that

30 this be actively pursued. The D/Chief Inspector hopes to

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 8

1 conduct this interview in which obviously

2 would be desirable considering the matters involved.

3 As you are aware, this issue is directly related to

4 reports previously forwarded.

5 As D/Chief Inspector 25 has outlined in his report, he

6 received the newspaper cutting in question from the Breen

7 family. The family have questioned what has been done

8 about the information concerning Chief Superintendent

9 Breen's murder contained in Harnden's book and what will be

10 done with regard to the revelations of Kevin Myers.

11 Indeed, they have posed searching questions over a period

12 of months about the present progress of our investigations

13 into the Breen and Buchanan murder and made direct

14 comparisons as to the cost in resourcing of the Finucane

15 and Nelson Inquiries. To emphasise these points they have

16 quoted the Secretary of State in respect of his public

17 comments as to expenditure incurred in respect of those

18 investigations.

19 Considering the numerous representations to police by

20 the Breen and Buchanan families, I now feel it is incumbent

21 upon us to speedily address such, and to do so by

22 conducting interviews with Myers and Harnden forthwith.

23 Moreover, I am acutely aware of the dangers of

24 interviewing journalists alone. The pitfalls that exist

25 are patently evident and consequently leave me in no doubt

26 that two officers should conduct the questioning.

27 Furthermore, I take it a due cognisance of the

28 sensitive factors involved in these lines of inquiry and

29 coupled with the onus that we have to the next of kin. I

30 believe it is fitting that I take a personal and active

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 9

1 role in the project of these investigations and

2 accordingly, propose to accompany D/Chief Inspector 25.

3 The factors involved leave me in no doubt that this is the

4 prudent manner of furthering these inquiries."

5 And it's signed by the late Maynard McBurney.

6

7 Now, the next document is, I think what is called an Action

8 Sheet, isn't that right?

9 A. Yes.

10 15 Q. I think an Action Sheet is a description of a task to be

11 carried out, is that right?

12 A. Yes.

13 16 Q. And it's given to one or other officer to carry out?

14 A. Yes, to conduct those inquiries.

15 17 Q. And this deals with a vehicle blue Cavalier EIB 2335. Just

16 to tell you that up to now, the information that the

17 Tribunal has had, and it seems the information the police

18 forces had, was that the registration was simply EIB 23, or

19 32, I can't remember, but the last two digits were not

20 recorded?

21 A. Yes.

22 18 Q. But it seems on this occasion the last two digits were

23 recorded, isn't that right?

24 A. Yes, indeed.

25 19 Q. And then, is this "collator" is that what it says?

26 A. Yes.

27 20 Q. "... to debrief on subject cross-reference to a particular

28 file. Attached message form re suspect vehicle in Dundalk

29 early afternoon 20th of March 1989."

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 10

1 21 Q. And then, down the bottom: "Result of action.

2 Please right clearly or print." And fortunately it's

3 written very clearly." Brief as requested attached marked

4 HB297, re blue Cavalier VRN EIB 2335. No record held on

5 vehicle index or sleeper vehicle index. V2 details from

6 reveal" a particular blue Cavalier registered to an

7 individual who is not material.

8 A. Yes.

9 22 Q. Can you explain, what is a sleeper vehicle index?

10 A. I don't know.

11 23 Q. Very well. We will leave it at that, then. And then the

12 next page seems to be for administrative use only. And

13 then I think the most pertinent matters are on the bottom:

14 "Office manager's observation. As above, check 'Vengeful'.

15 Was vehicle logged through any border crossing on 20th

16 March, 1989? Obtain photo of ..." and then there is a name

17 of an individual that has been blacked out. Vengeful, if I

18 am not mistaken, is a military device for, or military

19 equipment for recording the passage of vehicles past a

20 particular checkpoint, isn't that right?

21 A. Yes.

22 24 Q. Whether it's a checkpoint on the road or at a border

23 crossing?

24 A. Yes.

25 25 Q. And I think it operates on recognition of vehicle

26 registration numbers on cars?

27 A. That's correct, yes.

28 26 Q. Evidence has already been put before the Chairman of, on

29 the last occasion, of use of Vengeful in tracing the

30 movements of Bob Buchanan's car and cars that might have

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 11

1 been seen in the vicinity of Bob Buchanan's car on a number

2 of occasions, yes.

3

4 Now, the next action is a report from Detective

5 Superintendent Connolly, that's Tom Connolly, Dundalk

6 Station. "A grey car, possibly a Vauxhall EIB with figures

7 23 contained within number acting suspiciously in Dundalk

8 early afternoon." Again, this is just the matter being

9 revisited?

10 A. Yes.

11 27 Q. Now, the next document is fairly cryptic. An amount of it

12 is gone and, as such, it won't assist us greatly but it has

13 to do with the stopping of a coach which appears to have

14 been carrying people who were attending what's called an

15 extradition meeting in , I presume that is some form

16 of protest meeting, however, we will leave it at that.

17

18 The next, on page 10, so, and this seems to be a repeat of

19 the earlier page?

20 A. Yes.

21 28 Q. Then, page 11, another action: "Suspect vehicle seen

22 going through Dundalk early afternoon 20th March 1989 by

23 Garda blank. Grey car, possibly a Vauxhall EIB 23..." Yes,

24 that is presumably the information the Chairman has heard

25 from former Sergeant Leo Colton; he was on the steps of

26 Dundalk Station and saw the car.

27

28 It goes on to say: "D/Super Connolly should be contacted

29 re above to see if he could do a photo-fit of the driver of

30 the vehicle." If am not mistaken, then, the document that

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 12

1 has already been put up on the screen, on page 3, is the

2 photo-fit that resulted from that?

3 A. Yes.

4 29 Q. And then on the next page: "Further action. Request two

5 members of the Detective Branch to interview persons

6 from" -- is that Cullyhanna?

7 A. Yes.

8 30 Q. "...and prepare photo-fit of a person who witnessed

9 [something] car from Dundalk..."

10 A. Stolen car, I think.

11 31 Q. "... stolen car, Dundalk [something] on 20th March, "isn't

12 that right? Unfortunately I just can't read --

13 A. From Dundalk Gardaí.

14 32 Q. "... stolen car from Dundalk Gardaí," very good, "on 20th

15 of March 1989."

16

17 Now, the next document is a further report, or minute,

18 from the late Maynard McBurney 30th November 1999 and this

19 seems to be based largely on the book Bandit Country

20 because, of course, Mr. Myers' article hadn't been

21 published at this stage. And it's to the Assistant Chief

22 Constable Crime: "Please see attached report of D/Chief

23 Inspector 25 dated 28th November 1999. It is blatantly

24 obvious that the material contained within the publication

25 emanated from official sources.

26 If I remember correctly I was advised that Toby Harnden

27 had the blessing of headquarters and should be briefed by

28 CID on specific investigations. This being the case, it is

29 also reasonable to assume that he was briefed by both

30 Special Branch and military. Indeed, the material content,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 13

1 including photographs, could only be sourced via the

2 security network." I will come back to that in a moment.

3 "It seems, therefore, to me futile to pursue an

4 investigation as suggested in your minute dated 8 November

5 1999. However, I suggest that we continue to investigate

6 the Breen and Buchanan disclosure and advise the family

7 accordingly.

8 I also feel that an interview with the author would be

9 prudent and rather than having interviewed in America, we

10 await his return to this jurisdiction."

11 And it's signed Maynard McBurney.

12

13 Just one matter you might be able to help us with. Where

14 he writes "Indeed, the material content including

15 photographs could only be sourced via the security

16 network." It seems to me, therefore, if one takes that at

17 face value, that Mr. Harnden effectively was briefed by the

18 security forces to enable him to write relevant passages of

19 the book?

20 A. Obviously I couldn't comment any further than what

21 Mr. McBurney has said because I am not privy to it.

22 33 Q. I will broaden it a little bit. In your experience, does

23 this happen?

24 A. Not in my experience.

25 34 Q. Yes. Now, the next is a letter from Peter Cory to an

26 Assistant Chief Constable of Northern Ireland. It's dated

27 9 September 2003, and it's: "Dear Assistant Chief

28 Constable," and it deals with the inquiry into the murders

29 of Superintendent Buchanan and Chief Superintendent Breen,

30 and it goes as follows:

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 14

1 "I am writing to inquire about intelligence material

2 which we have not yet seen in connection with the above

3 noted inquiry.

4 I understand that an individual who refers to himself

5 as Kevin Fulton may have been working as an agent for the

6 RUC Special Branch during the late 1980s and 1990s. I also

7 understand this particular agent provided various reports

8 to his handlers regarding a Special Branch Garda officer

9 named Owen Corrigan who was stationed in Dundalk."

10

11 Now, the next -- I am not sure if the next bit is actually

12 blacked out, I can sort of half read it, or whether it's

13 just a bit of highlighting that went -- reacted. We will

14 have to check that out and come back to that, Chairman, if

15 we may. But I will continue with what I can read:

16 "... and if so, whether your agency is in possession of any

17 intelligence material pertaining to Officer Owen Corrigan"

18 and then he gives details of where he can be reached?

19 A. Mm-hmm.

20 35 Q. Now, the next two pages set out précis of intelligence

21 which are as follows: "Intelligence dated March 1989."

22 It goes as follows: "Reference the double murder of

23 Superintendent Buchanan and Chief Superintendent Breen.

24 Intelligence indicated that a 'Hard Bap' Hardy and a male

25 known as 'Mooch' from the Dundalk area would have been

26 deeply involved in the murder."

27

28 And the next one is "Intelligence Dated March 1989".

29 "Intelligence received indicated that the information

30 obtained by PIRA in respect of the movements of Chief

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 15

1 Superintendent Breen and Superintendent Buchanan was

2 obtained by a person visiting Dundalk Station on legitimate

3 business at the same time as the arrival of Mr. Breen and

4 Buchanan and recognised them."

5

6 The third one is "Intelligence Dated January 1991":

7 "Intelligence indicated that an unknown female who works in

8 Dundalk Garda Station made a phone call to an unknown

9 member of PIRA when Chief Superintendent Breen and

10 Superintendent Buchanan were leaving the barracks. This

11 phone call enabled the two officers to be triggered into an

12 ambush on the Edenappa Road, Jonesboro on 20 March 1989.

13 Inquiries continue to identify the female concerned."

14

15 As far as we can determine, certainly in terms of RUC

16 papers, this individual was never identified?

17 A. Mm-hmm, that's correct.

18 36 Q. I just mention that by way of passing comment. Now, the

19 next is: "Intelligence dated 1996":

20 "Intelligence indicates that PIRA abducted Owen Corrigan

21 and Frank Tiernan on 13 December 1995 from a hotel in

22 Drogheda. It is believed the two men mounted a scam on a

23 business. PIRA subsequently interrogated the two men for

24 two days before being released on 14th December 1995."

25 That appears to be borne out by evidence which the Chairman

26 has heard, and indeed it goes further than that which is,

27 that the two who were abducted, Owen Corrigan and Frank

28 Tiernan, they were beaten up by the IRA and Owen Corrigan,

29 in particular, received a very savage beating. Were you

30 aware of that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 16

1 A. Not personally but I think I have heard it.

2 37 Q. You heard about that, yes.

3 Now, "Intelligence dated 1996":

4 "Intelligence indicates that south Armagh PIRA were

5 involved in the abduction and interrogation of Owen

6 Corrigan and Francis Tiernan from the Boyne Valley Hotel in

7 Drogheda on 13/12/1995. Corrigan and Tiernan are believed

8 to have been involved in a major property scam which PIRA

9 wanted to investigate."

10

11 Further "Intelligence dated 1996":

12 "Intelligence indicates that PIRA were responsible for the

13 kidnapping of Owen and Francis Tiernan on 13th December

14 1995. A number of leading PIRA members were involved. The

15 two hostages were released on 14/12/1995."

16

17 And the last précis of intelligence is also dated 1996:

18 "Intelligence indicates that following his abduction by

19 south Armagh PIRA, Frank Tiernan was told his life was

20 under threat. PIRA/Sinn Fein held an inquiry into the

21 abduction resulting in Tiernan being cleared. Further

22 inquiries held into the abduction by PIRA PSF found that a

23 number of their senior members acted without authority from

24 senior command. These members became the subject of a

25 PIRA/Sinn Fein disciplinary investigation."

26

27 Now, the next document should also be opened, page 17. And

28 it's a document dated 26 February 2004, dealing with the

29 murders of Chief Superintendent Breen and Superintendent

30 Buchanan, and it's addressed to District Commander Newry

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 17

1 and Mourne, and it goes as follows: It's written by the

2 Detective Chief Superintendent Crime Manager, whose name

3 has been edited out, and it goes as follows:

4 "I refer to previous reports of even subject and would

5 request that this issue is again examined with a view to

6 probing An Garda Siochana for further to assist the

7 investigation of this intelligence. Justice Cory's

8 conclusions are now being made public while the full report

9 is still awaited. Nevertheless, the conclusion is that

10 Justice Cory has recommended a full inquiry into the

11 alleged collusion." Of course, this ultimately resulted in

12 this inquiry here today.

13 A. Yes.

14 38 Q. Then he goes on to say: "I should point out that I am

15 additionally in receipt of further intelligence in Action

16 Sheet" -- it gives a date -- "16/1/04," which has been

17 graded, B 2 5.

18 We understand this business about grading, but B 2 5 is

19 slightly puzzling. We always thought it was just one

20 letter and one number. Can you throw any light on that?

21 A. Well, certainly the intelligence is graded according to the

22 provenance of the intelligence and how reliable it is and

23 that is just --

24 39 Q. Indeed. Sorry, my question wasn't -- didn't address that

25 point. It's simply that our understanding is that gradings

26 are by letters and by numbers, but one letter and one

27 number. It seems here there is one letter and two numbers,

28 two, five, is that possibly just a typo?

29 A. No, that is a correct reading.

30 40 Q. Incorrect?

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 18

1 A. No, it's correct.

2 41 Q. I see. And how -- so B 2 5, how does that --

3 A. It's just in terms of the various aspects of how the

4 intelligence is assessed.

5 42 Q. Yes...

6 A. And there is a grading given to it then according to that,

7 as who to how it should be considered and also how it

8 should be disseminated.

9 43 Q. Yes. Well, B 2, certainly I think everybody in the room

10 can understand. It's the five that is --

11 A. The five would be around the dissemination of it.

12 44 Q. Ah, I understand. So that is what that refers to, yes.

13 A. Yes.

14 45 Q. Thank you for clearing that up. And then the report goes

15 on: "This states that recent comments made by a senior

16 member of south Armagh PIRA would suggest that he is of the

17 opinion that the murder of Chief Superintendent Breen and

18 Superintendent Buchanan was planned and carried out on the

19 same day. Hence an inquiry would have difficulty in

20 discovering any evidence of collusion between Garda and

21 PIRA.

22 This latter intelligence tends to negate the

23 implication that there was collusion but this is by no

24 means certain.

25 I believe there is duty on us to explore the

26 intelligence so as to ensure an Article 2 compliant

27 investigation."

28 A. Yes.

29 46 Q. And then the next page is the statement of Kevin Fulton. I

30 will read it into the record. I thought it might have

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 19

1 already been read into the record.

2

3 "Statement of Kevin Fulton, dated September 9, 2003," and

4 it goes as follows:

5

6 "In 1979 I enlisted in the . Within months of

7 my posting I was recruited by British Intelligence Agency

8 to act as an agent. In this capacity, I became a member of

9 the Provisional IRA. On one occasion in the late 1980s I

10 was with my senior IRA commander, Joseph Patrick Blair and

11 another individual in my car. I knew the other individual

12 to be Owen Corrigan, a member the Special Branch of the

13 Gardaí. I was introduced by Blair to Corrigan. I knew

14 that Corrigan who was stationed in Dundalk was passing

15 information to the Provisional IRA. I was in Dundalk on

16 the day of the ambush of Superintendent Buchanan and Chief

17 Superintendent Breen. I am aware that after the ambush

18 took place, Patrick Joseph Blair was told by a member of

19 PIRA that Sergeant Corrigan had telephoned the Provisional

20 IRA to tell them that Officers Breen and Buchanan were at

21 the Dundalk station. I should add that I know nothing

22 about the murder of Lord Justice and Lady Gibson. I have

23 read this statement and its contents are true and

24 accurate." And there is a signature which is said to be

25 that of Kevin Fulton.

26

27 Now, the next document appears to be a document that was

28 created on 20th March 1989, so it's contemporaneous --

29 sorry, page 19, sorry -- which is contemporaneous with the

30 events that the judge is inquiring into. And it seems to

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 20

1 be a preliminary report. It's not clear who is the author

2 of it. But it was -- the report was written up in Newry

3 station in any event, so that gives us some idea of where

4 it might have come from and it goes as follows:

5 "At 9:30:00 today Superintendent Buchanan phoned

6 Superintendent in Dundalk to arrange a meeting. The

7 Superintendent was not in but returned Supt. Buchanan at

8 10:15 hours. A message was passed that Chief

9 Superintendent Breen would like to arrange a meeting for

10 1400 hours with Chief Superintendent Nolan. This was an

11 informal meeting, the type of which was held very

12 infrequently and in fact, was only the second meeting held

13 since the formal meetings were dispensed earlier this year.

14 Chief Superintendent Breen left Armagh station on his own

15 and met Superintendent Buchanan at Newry at approximately

16 13:40 hours. Both officers left Newry at 13:50 hours and

17 travelled, it is believed, via the main road in the

18 Superintendent's private car, a red Cavalier, KIB 1204.

19 They arrived in Dundalk at 14:10 hours approximately where

20 they met with Chief Superintendent John Dolan [sic]" --

21 that should be John Nolan, of course -- "It is believed

22 that at this stage that Chief Superintendent Breen and

23 Superintendent Buchanan wished to discuss amongst other

24 things a major southern customs Garda operation that was

25 being mounted against 'Slab' Murphy. The meeting

26 terminated at 15:15 hours when both officers left Dundalk.

27 They did not state the route they were travelling back. It

28 is known that Superintendent Buchanan sometimes used the

29 Edenappa Road to avoid setting a pattern on the main road.

30 At 15:54 hours on Monday 20o March 1989, a certain

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 21

1 individual reported from a certain telephone number, per

2 999, that he had observed what he appeared to be two dead

3 males in a red car parked on the Edenappa Road between

4 numbers 54 person's house and McGeough's garage. An

5 ambulance was tasked to the scene a confirmed the

6 registration number as KIB 1204. A follow-up operation by

7 police and military Garda confirmed the incident and the

8 positive identity. Early reports from the scene would

9 indicate that the officers' car was forced to stop by some

10 means on the Edenappa Road approximately 100 yards north of

11 the border. It would appear that Superintendent Buchanan

12 tried to reverse. Superintendent Buchanan was found in the

13 vehicle slumped over the steering wheel apparently shot in

14 the head at close range. Chief Superintendent Breen was

15 found lying out of the car with gunshot wounds to the head.

16 It is believed at this stage that both officers were

17 unarmed. ATO tasked - body recovery operation activated.

18 MIRIAM established at Bessbrook RUC station. Preplanned

19 follow-up operation activated. Garda operations included

20 Louth/Monaghan seal and suspect follow up. Cordons on both

21 sides will be held until full scene examination by ATO

22 forensic is carried out on 21 March 1989. Deputy

23 Divisional Commander Superintendent number 39 is

24 coordinating the response. Both officers' families

25 contacted and support being given through welfare branch,

26 family doctors and clergy. Attached full [something] for

27 information...

28 A. ... particulars.

29 47 Q. "... of Deputy Division Commander."

30 Now, just come back for a second now, on page 19.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 22

1 "It's believed at this stage that Chief Superintendent

2 Breen and Superintendent Buchanan wished to discuss amongst

3 other things a major southern customs/Garda operation that

4 was being mounted against 'Slab' Murphy."

5 Mention has been made very recently in evidence of an

6 operation called 'Ops Amazing'. Have you ever come across

7 that?

8 A. No, I haven't, no.

9 48 Q. Very well. "ATO" on the next page, page 20, I think you

10 explained on the last occasion, if you wouldn't mind

11 explaining again?

12 A. Ammunition technical officer; bomb disposal.

13 49 Q. Very good. Then it says "MIRIAM established at Bessbrook."

14 What is MIRIAM?

15 A. MIRIAM would have been the major investigation team,

16 there's a paper-based system that was used to investigate

17 serious crime.

18 50 Q. Now, the next page 21, I am not clear who wrote this but it

19 says "Garda A and Garda B were interviewed in relation to

20 the investigation of Chief Superintendent Camon and D/I

21 Kirwan."

22 Now, in different handwriting we have got: "One document I

23 have obtained could be found to indicate that a Garda B did

24 pass information to IRA and telephoned a member of PIRA to

25 advise that officer Breen and Buchanan were in Dundalk

26 Station on 20th of March 1989."

27

28 The next is, again, in different writing but it seems to be

29 the same writing as the first passage: "D.C.S McBurney

30 reported Garda findings" is that right?

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 23

1 A. Yes.

2 51 Q. "Liteace van..." Oh, yes, that the Garda found -- was it

3 the guards who found the Liteace van? I thought the

4 Liteace van was found north of the border when it was burnt

5 out? Anyway, if you don't know, we will pass on, it's all

6 right.

7

8 Now, the next appears to be an entry from a notebook, it's

9 page 22, and it's "Alan Mains, Sergeant 1986, Staff

10 Officer, '87, '88, on holiday Mr. Breen, first day back re

11 smuggling. [Something] back via Bessbrook Mill ...

12 A. Came back.

13 52 Q. "Came back via Bessbrook Mill." Something about rugby

14 training, didn't go. Oh yes, that's, I think Sergeant

15 Mains, as he then was, explained he had rugby training and

16 couldn't go with Chief Superintendent Breen. "Off duty --

17 Mr. Buchanan" -- he had to phone him, is that right?

18 A. Yes.

19 53 Q. It seems to be that?

20 A. Yes.

21 54 Q. And then "They were to meet at Newry, travel together,

22 Mr. Buchanan to be promoted, therefore good time to day

23 goodbye."

24 A. Yes.

25 55 Q. I think that is the case, that Bob Buchanan had received

26 promotion, I think it was up towards Newtownards?

27 A. I don't know.

28 56 Q. Anyway, away from the border area. "Lunch at 12:30 in

29 Armagh" and then "1994 DI" -- and then "1995, '96, re

30 Corrigan ..." something --

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 24

1 A. Phoned home.

2 57 Q. And "[something] re Corrigan." And then "21.3 see Chief

3 John Hermon." And then last line is: "Mr. Breen said it's

4 Owen Corrigan."

5 A. Yeah.

6 58 Q. This, presumably, is, it seems to be a synopsis of sorts of

7 an interview of Alan Mains?

8 A. Mm-hmm.

9 59 Q. Yes. And then the next page is: "The investigation of

10 what [something] 21/3, D/I sat '95, 96 from Mike Finnegan

11 Garda" -- "taken by IRA kidnap" -- this must be a reference

12 to Owen Corrigan being kidnapped by the IRA.

13

14 Then, we have -- I don't think there is anything more on

15 that page that we need to deal with.

16

17 Now, page 24, this is, I think, another action sheet:

18 "Tried to obtain copies of two fax messages sent by

19 Superintendent Buchanan to Dundalk on morning of the 20th

20 of March 1989."

21 A. Yes.

22 60 Q. Page 25: The answer seems to be "One fax sent to Dundalk

23 and one to Monaghan about further meetings, dates to be

24 arranged, nothing to do with meeting on 20th of March

25 1989."

26 A. Yes.

27 61 Q. The next action was: "Was military operation in vicinity

28 seen for specific reason? When did it commence and was

29 there any useful intelligence gleaned from it?"

30 And the next page 27: "This was a military operation for

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 25

1 protection of railway line. SB had minimal involvement so

2 military should be contacted for further details. Third

3 brigade performed protection of line from 5 March 1989 to

4 13 March 1989. No useful information obtained. Local

5 battalion RRF..." that is?

6 A. Royal Fusiliers, I think.

7 62 Q. "... performed same from 13 March 1989 to 20 March 1989.

8 No useful intelligence."

9 A. Mm-hmm.

10 63 Q. And the next action is -- page 28 -- "Details of previous

11 cross-border meetings to be obtained and arrangements for

12 such obtained."

13 Page 29: "Superintendent Buchanan's journals had been

14 obtained and entered into system as other documents.

15 Meetings were usually arranged informally between senior

16 officers Garda-RUC. From Sergeant Mains, it would appear

17 that Chief Superintendent Breen was not happy about

18 crossing the border and did so very rarely. In relation to

19 the meeting with Garda on 20 March 1989, this was arranged

20 by Superintendent Buchanan on the phone to Superintendent

21 Tierney in Dundalk. There was an exchange of calls between

22 the two of them that morning and the meeting and time

23 finally arranged".

24 A. Yes.

25 64 Q. Now, the Chairman, the next is a rather lengthy passage of

26 army logs, the entire is included and submitted to you by

27 way of evidence. However, I intend focusing only on two

28 pages which are directly relevant to your inquiry, and they

29 are in the book, pages 36 and 37.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 26

1 Now, here there is a fair amount of jargon you might be in

2 a position to assist us with. Do you have page 36?

3 A. Yes.

4 65 Q. Do you see at the top "Formation Unit" is it 1 or I RRF --

5 is it still the Royal Fusiliers?

6 A. I think that is the Royal Fusiliers, yes.

7 66 Q. And I think if you go back to either the previous page or

8 go on to --

9 A. I think that says "Falcon".

10 67 Q. And what does that mean, do you know?

11 A. I don't know.

12 68 Q. All right. Okay. In any event, it's a document that was

13 created on 20th of March 1989, and if you could go to entry

14 number 2, which seems to be first one that is pertinent:

15 "16:03" and then it says, "R212 from" -- what is that --

16 "GO"? Can you assist us with that at all?

17 A. I am not sure what it says.

18 69 Q. "Can you see any sign of a red car parked on the Edenappa

19 Road? Position" -- is that right --

20 A. "Two bodies in it."

21 70 Q. Thank you. The next entry is, "A minute later at 16:04,

22 one red car, approximately 20 metres north on the western

23 side of Moira Park." And it goes on to say: "People

24 walking past car talking ..."

25 A. "... taking..."

26 71 Q. "... taking little or no interest in car."

27 A. Yes.

28 72 Q. "No other [something] --

29 A. "red car in sight."

30 73 Q. "... in sight." Then if you go on to the next page, entry

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 27

1 number 6, which is the second in line: "Red car, it may

2 belong to Robert Buchanan (Border Superintendent)."

3 A. Yes.

4 74 Q. And then "16:37, one person went forward from a crowd to

5 approximately 15 metres away from the car but then moved

6 quickly back. The crowd is about 10 to 15 people. The

7 junction Edenappa Road/Bayview Park" -- I think that is

8 about it...

9 A. Mm-hmm.

10 75 Q. ... for the purpose of these logs. We will leave it that,

11 I think. As I say, the Chairman, the entirety is submitted

12 to you for your consideration but I really don't think

13 there is much else that emerges from them.

14

15 If you wouldn't mind going to page 61. Now, 61 appears to

16 be a briefing note prepared for the Secretary of State, who

17 I think in those days was Tom King, and it has to deal with

18 draft statement relating to the Jonesboro murders and it's

19 dated 21 March 1989, and the author writes as follows:

20 "I attach for your consideration a slightly revised

21 version draft statement for the Secretary of State's use

22 this afternoon which I circulated earlier this morning (not

23 to all). The Chief difference lies in quoting actual

24 charge statistics. It is accompanied by some draft

25 supplementaries. Further briefing material will be

26 provided by SIL..." Do you know what SIL means?

27 A. No.

28 76 Q. "I shall be submitting separately and as soon as possible a

29 brief line to take and supplementaries for the Prime

30 Minister's use this afternoon.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 28

1 I have only two comments on the approach adopted in

2 the attached drafts (which echo the notes struck by the

3 Secretary of State in his Newsnight interview last night).

4 The first is that I have deliberately set the murder of the

5 two policemen in the context of the passion of violence,

6 especially sectarian violence, so far this year. Horrible,

7 though the Jonesboro murders are, it could be

8 counterproductive for the Secretary of State to focus on

9 them to the exclusion of other recent horrific crimes, not

10 least those of Mr. Braniff and Mr. Nial Davies. The

11 impression should not, I suggest, be given that we only

12 really care about members of the security forces.

13 The Irish, understandably, are exercised about

14 allegations of moles in the Garda. And the drafts do not

15 merely play up the kind of point emphasised by Mr. King

16 last night that speculation is harmful or the very helpful

17 comments of Witness 38 this morning, but also emphasise

18 that such speculation plays into the terrorists' own game.

19 I have also been told by the Secretariat ..." -- I

20 think that was possibly the joint secretariat in ,

21 is that right? We will leave it at that -- "... though we

22 have not been able to confirm this with the RUC, that the

23 meeting in Dundalk was arranged over an open line. The

24 reason, again according to the Irish, is why a secure line

25 was not used was because, although the kit is apparently

26 available in Dundalk, it is not in Armagh. This is clearly

27 information not for public deployment. But it emphasises

28 the dangers of being drawn into any aspect of the murders.

29 In the meantime, I shall keep the Secretary of State

30 abreast of new information as it becomes available to us

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 29

1 from the RUC."

2

3 Then, there follows notes for supplementaries. I think

4 it's the case that the Secretary of State was answering or

5 making a statement and he might have been asked a certain

6 number of questions and draft lines of answer were

7 suggested to him?

8 A. Yes.

9 77 Q. The first question is: "Will the Secretary of State

10 comment on allegations that information on the police

11 officers' movements were leaked to the IRA?"

12 And the suggested answer was: "The Chief Constable is

13 carrying out a thorough inquiry into all the circumstances

14 of the murders and I do not wish to speculate at this

15 stage. I would say, however, that there is not a shred of

16 evidence to substantiate these allegations which, if I may

17 say, are extremely dangerous and only help the terrorists

18 themselves. If anyone has any information they should make

19 this known immediately to the RUC and in the meantime avoid

20 fueling damaging rumours."

21

22 The next suggested question was: "Why were the two

23 officers not escorted to the meeting? Was the meeting set

24 up at short notice?"

25

26 And then the suggested answer was: "Cannot speculate.

27 When all the circumstances are known it may be that lessons

28 will be learnt to avoid a similar incident."

29

30 The next suggested question: "Why were they travelling in

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 30

1 an unmarked car?"

2 "Cannot speculate. However, the vast majority of police

3 officers in Northern Ireland do travel in unmarked cars for

4 security reasons. This is not unusual."

5

6 The next question: "Were they armed?"

7 Suggest draft answer: "I do not wish to comment on this."

8

9 Question: "Why were they travelling on this minor road?

10 Suggested Answer: "Again the RUC inquiry will clarify this

11 matter. I do not wish to speculate."

12

13 The next question on page 64: "Will the Secretary of State

14 order a review of security policy?"

15 And the suggested answer was: "Security policy is

16 continually under review if, after the RUC inquiry is

17 complete, lessons have been learnt, then certainly steps

18 will be taken to prevent a similar incident. Overreaction

19 plays into the hands of terrorists."

20

21 The last question suggested: "Will the Secretary of State

22 agree that security in the border area is inadequate and

23 the new border brigade concept is ineffective?"

24 Suggested answer was: "Security is kept under review in

25 light of the continuing changing nature of the terrorist

26 threat. Once the full facts of this incident are known, I,

27 together with the Chief Constable and GOC, will be

28 considering the implications for the deployment of security

29 forces in the border area and will be examining what

30 further measures need to be taken. Obviously it would be

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 31

1 inappropriate to speculate on these matters at this stage."

2

3 And then page 65 is the draft statement of the Secretary of

4 State which goes as follows:

5

6 "With permission, Mr. Speaker, I wish to make a statement

7 on the recent killings in Northern Ireland and in

8 particular, on yesterday's murders of the two senior RUC

9 officers, Chief Superintendent Breen and Superintendent

10 Buchanan. Since the beginning of this year, 25 people in

11 Northern Ireland have died as a result of terrorist

12 violence. More than half of these were victims of purely

13 sectarian attacks. I have appealed on previous occasions,

14 and I appeal again to all the people of Northern Ireland,

15 this mindless cycle of vicious killings most stop. There

16 can be no place in a society which regards itself as

17 civilised, whether in Northern Ireland alone or on the

18 whole island of Ireland, for those who perpetrate these

19 vicious murders which only serve to bring more and more

20 heartbreak and misery to everyone and to drive the two

21 communities further apart. The leaders of the churches,

22 both Protestant and Catholic, have time and again made it

23 abundantly plain that those who carry out these acts cannot

24 claim to be a part of a Christian society or, for any shred

25 of moral justification for their barbarous acts.

26 As I've said before to this House, we have no choice

27 but to do everything we can to thwart and ultimately defeat

28 the terrorist. And I therefore call, once again, on

29 everyone in Northern Ireland to give their full and

30 wholehearted support to the security forces in their

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 32

1 unceasing efforts to bring those who commit these crimes to

2 justice.

3 I will now turn to the specific events of yesterday

4 and the deaths of Chief Superintendent Harry Breen and

5 Superintendent Bob Buchanan. The Chief Constable of the

6 RUC has given me a report. The facts, as we at present

7 know them are these: At 3:55 p.m. yesterday the RUC

8 received an anonymous telephone call informing them that

9 there were two bodies in a car on the Edenappa Road south

10 of Jonesboro in County Armagh. The car was located at

11 about 4:15 p.m., some 50 yards north of the border. This

12 car was found to belong to the local border superintendent,

13 Superintendent Buchanan, and there were two bodies in the

14 vehicle which were subsequently identified as those of

15 Superintendent Buchanan himself and the Divisional

16 Commander, Chief Superintendent Harry Breen. They were

17 returning from a meeting with the Garda Siochana in

18 Dundalk. I knew these two men personally and I know I

19 speak on behalf of the whole house in expressing our

20 deepest sympathy to their relatives and friends at this

21 appalling outrage.

22 I can also tell the House that the Chief Constable has

23 now put in hand a thorough investigation into the

24 circumstances of the killings and I welcome the assurance

25 of the Taoiseach that every possible cooperation will be

26 extended to the northern authorities to ensure that those

27 responsible are apprehended and brought to justice. The

28 house will understand why I do not wish to be drawn into

29 the realms of rumour and speculation as to what might have

30 happened, but I can assure the House that nothing will be

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 33

1 left undone in order to bring those responsible to justice.

2 The House will therefore take heart at the

3 overwhelming and unequivocal condemnation of these murders

4 by politicians and church leaders alike, both in Northern

5 Ireland and in the Irish Republic. Indeed, the House will

6 know everyone in the island of Ireland, the overwhelming

7 majority to whom crimes are utterly appalled, share in the

8 common horror at these latest brutal murders.

9 It has never therefore been more important for

10 everyone to give their full support to the security forces

11 in their task of protecting innocent people, and I am sure

12 the House will want me to take this further opportunity to

13 pay tribute to their courageous work and the outstanding

14 success they have achieved.

15 I would ask the House to take note of the significant

16 number of terrorists who have been charged with serious

17 crimes, including many for recent murders as the direct

18 result of their skill, professionalism and courage.

19 Already this year ten people have been charged with

20 murder..." -- and there is speculation -- "I understand

21 that police expect to charge further five today."

22

23 It concludes as follows: "As I have said in this House on

24 previous occasions, this Government has two messages which

25 we must make absolutely clear. The first is, the people of

26 Northern Ireland, they must be on now doubt of our resolve

27 to stand firmly with them in the fight against terrorism,

28 that they are assured of our full and unqualified support.

29 The second is to make clear to the men of violence, that no

30 threat or outrage will ever destroy that resolve. Such

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 34

1 acts will rather make both the British and Irish

2 governments all the more determined to rid the island of

3 Ireland of the evil of remember terrorism."

4

5 Now, the next -- the next pages are going in reverse order,

6 and page 68 is -- seems like a covering sheet to the

7 private secretary for the Secretary of State, dated 21st

8 March of 1989, and it says:

9 "I attach for your consideration a brief line to take and

10 background note for the Prime Minister's use this

11 afternoon. It draws heavily on the material which we have

12 already supplied. You may wish to add it to a copy of the

13 final version of the Secretary of State's statement."

14 And it's signed by the official concerned.

15

16 Now, the next two pages, pages 69 and 70, are a suggested

17 line to take for the Prime Minister, and it goes

18 as follows: "I absolutely agree with all my right

19 honourable friend, the Secretary of State for Northern

20 Ireland, has said today to the House about the brutal

21 murders yesterday of Chief Superintendent Breen and

22 Superintendent Buchanan. I add my own personal sympathy to

23 the relatives and friends of both men. The House is well

24 aware of the courageous and professional work which the men

25 and women of the RUC, together with their colleagues in the

26 army, carry out every day in the course of their duties.

27 All of us, whether in Northern Ireland or in the rest of

28 these islands, are very heavily in their debt. We must

29 continue to support them in every way possible to ensure

30 that their sacrifices are not in vain. The House will want

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 35

1 to reinforce my right honourable friend's appeal to all

2 decent-minded people, whether in Northern Ireland or

3 elsewhere, to help the RUC in what way they can to bring

4 the perpetrators of this and other terrorist crimes to

5 justice. I welcome, therefore, in particular, the

6 assurance given yesterday by the Taoiseach that the Irish

7 Government will extend every possible cooperation to the

8 Northern authorities to ensure that those responsible are

9 apprehended."

10

11 And then there is a background note. I don't propose going

12 through that, Chairman, because it repeats very much what

13 we have already read in an earlier document. But what

14 might be of assistance is on page 70, something called

15 "Defensive Notes," and it goes as follows:

16 "Security policy is continually under review, and if, after

17 the RUC inquiry is complete, there are lessons to be

18 learned, the necessary steps will be taken to prevent

19 future incidents."

20 Now, that actually repeats other documents which have

21 already been opened to you. There is no need to spend time

22 on that.

23

24 The next is page 71, and this appears to be a report from

25 D/Sergeant -- Cipher 46, and he seems to have received the

26 following information:

27 "At 2:30 p.m., the white van pulled into the grass area

28 beside the derelict house opposite, and, on the southern

29 side of Morgan's bungalow, five men got out of the van and

30 went into the derelict. The van then left the area and

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 36

1 headed south. A short time later, the van returned and

2 picked up four of them and headed south again, leaving two

3 in the house. At 3:30 p.m., the two men in the house came

4 out onto the road and stopped southbound traffic.

5 Buchanan's Vauxhall came north at this stage and it was

6 overtaken by the white van. The van stopped in front of

7 his car and the attack commenced. Mr. Buchanan attempted

8 to reverse out of the situation but crashed. The four

9 gunmen from the van were the only ones to open fire. The

10 two doing the illegal VCP" -- vehicle checkpoint -- "didn't

11 fire. It is also believed that there was an illegal

12 checkpoint on the Kilnasaggart road but the number of men

13 involved is not known."

14

15 Now, the next is a somewhat disjointed letter, page 72, and

16 it's from the D/Chief Superintendent Head of Intelligence

17 C3 to the D/Chief Inspector Crime Manager, Newry and

18 Mourne, and it goes as follows:

19 "My own C3 staff have reaffirmed that intelligence was

20 provided to you as outlined in your report of the 23rd of

21 June, 2003. Attached for your information, a letter

22 received from An Garda Siochana in reply to the issues you

23 raise. If I can be of further assistance, do not hesitate

24 to contact me."

25 And that is dated the 11th of November, 2003.

26

27 So, Chairman, that letter just appeared, as such, in the

28 bundle of papers we saw, and we thought it worthy of

29 bringing it to your attention.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 37

1 The next document is at page 73, and it's headed

2 "Memorandum," and it's headed "Murders of Chief

3 Superintendent Breen and Superintendent Buchanan," and it

4 seems to be dated 29/9/'03. Now, can you explain to the

5 Chairman what sort of a document this is?

6 A. It's just a front sheet, really, when someone -- the

7 Assistant Chief Constable would have been forwarding a

8 document to certain individuals, that the front sheet would

9 have told their staff who the document should be forwarded

10 to.

11 78 Q. Mm-hmm.

12 A. So it was a record of that.

13 79 Q. So, effectively, this is a note from the Assistant Chief

14 Constable Crime to HOBC2, is that right?

15 A. Yes.

16 80 Q. And is that head office?

17 A. Head of Branch.

18 81 Q. Head of Branch C2, Knocknagoney, and Head of Branch C3,

19 Brooklyn.

20 A. Yes.

21 82 Q. C2 and C3 are which? C3 is Crime and Security, is it?

22 A. Well, I don't know what they were then, I don't actually

23 remember what they were then, because obviously it's

24 changed now.

25 83 Q. Fair enough. Yes. Well, this is 2003, is it?

26 A. 2003. Oh, C2, then, would have been Serious Crime Branch.

27 84 Q. Mm-hmm.

28 A. And C3, Intelligence Branch.

29 85 Q. Yes. And then "For action as necessary," isn't that right?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 38

1 86 Q. Yes. Now, the next page, 74, is a letter, it seems to be

2 dated the 19th of September, 2008, from Mr. Egan, Assistant

3 Commissioner, to an Assistant Chief Constable in Police

4 Headquarters, Knocknagoney House, and it goes as follows:

5 "I refer to letter dated 1st September" -- giving a

6 reference number. "All relevant files linked to this

7 inquiry have been examined, and, based on intelligence

8 supplied from the Police Service of Northern Ireland on the

9 involvement of a civilian administrator, it has been firmly

10 established that no Garda civilian administrator had any

11 involvement or was aware of meetings between the Gardaí and

12 RUC, and, in particular, the meeting involving officers

13 Breen and Buchanan.

14 That being the case, the information appears to be

15 incorrect and cannot be taken further. In relation to the

16 Cory investigation, I would not agree with the

17 interpretation of the way they are treating the

18 intelligence on the subject matter. We have made available

19 all available material on the investigation and I

20 understand his team will satisfy themselves, based on their

21 interpretation of the value, or otherwise.

22 We await the outcome and their assessment of all

23 intelligence and inquiries that have come to their notice?"

24 And it's signed the Assistant Commissioner. That seems to

25 refer back to an earlier document that has been opened to

26 the Chairman.

27

28 Now, the next is a letter from the PSNI dated the 1st of

29 September, 2003, to the Assistant Commissioner Crime &

30 Security Branch, and it's written by the Head of C2 Branch

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 39

1 for the Chief Constable:

2 "I forward for your information a report from Detective

3 Chief Inspector" -- who is the Crime Manager of Newry and

4 Mourne. "I would be grateful if a Liaison Officer could be

5 appointed." And then contact details are given. It seems

6 to be some sort of arrangement for liaising between the two

7 police forces, which, certainly, the Police Service of

8 Northern Ireland seemed anxious to set up in 2003, isn't

9 that right?

10 A. Yes, mm-hmm.

11 87 Q. Now, the next is a report dated the 23rd of June, 2003,

12 pages 76 and 77, written by the Detective Chief

13 Superintendent, Crime Manager, of the Newry and Mourne

14 region?

15 A. Detective Chief Inspector.

16 88 Q. Chief Inspector, sorry, my apologies. But of the Newry and

17 Mourne region?

18 A. Yes.

19 89 Q. And again, it deals with the matters of the murders of

20 Harry Breen and Bob Buchanan, and it goes as follows:

21 "I am in receipt of recent intelligence in respect of the

22 above murders stating 'a civilian administrator based at an

23 unknown location in the Republic of Ireland who organised

24 meetings between the Garda and RUC in 1989 was responsible

25 for the leak to PIRA that led to the deaths of Chief

26 Superintendent Harry Breen and Superintendent Robert James

27 Buchanan. No further details known'."

28

29 Now, it goes on: "There are a number of issues arising

30 from this intelligence, and, having examined available

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 40

1 files and spoken to former investigating officers, I cannot

2 be satisfied, despite similar intelligence, that these

3 matters were fully investigated at the time.

4 I would respectfully request that a formal request is

5 forwarded to An Garda Siochana to appoint an officer to

6 liaise with me in conducting inquiries in respect of this

7 matter. Specifically, I will want to have the following

8 matters addressed:

9 1. Were telephone records sought/available for Garda

10 stations in County Louth around the time of their murders

11 in September 1989?

12 2. Can telephone records now be made available?

13 3. Can the Garda supply a list of civilian administrators

14 for Garda stations in County Louth during March 1989?

15 4. Which, if any, civilian administrators would have

16 organised meetings or been aware of meetings with the RUC?

17 5. Do the Garda hold any intelligence on these murders?

18 6. Can intelligence sources available to the Garda now be

19 tasked in relation to information about these murders?"

20

21 Then, it goes on to say: "I should say that nothing is

22 recorded in the files and HOLMES account available to me

23 that would suggest these matters were addressed. However,

24 given the nature of the murders, I would be surprised if

25 much of this work has not already been completed. What I

26 require, however, is confirmation of what has been done and

27 action completed on those issues not already concluded. It

28 should be noted that the Judge Cory collusion investigation

29 is also clearly involved in the issues that are at the core

30 of the intelligence, the subject of this report. I have

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 41

1 previously been appointed to liaise with the Cory team in

2 respect of these murders and have made them aware of the

3 existence of this intelligence. It is my understanding

4 from a contact with the Cory team that they are content for

5 PSNI to proceed with investigations of this intelligence,

6 but, of course, we will want to know the outcome in due

7 course. Arrangements will be made for members of the team

8 to liaise with me in due course to see this intelligence

9 and the outcome of any investigation of it.

10 I am conscious that these are, clearly, sensitive

11 issues that will require careful handling."

12

13 It seems the correspondence is going backwards in time,

14 because, as we know, the Assistant Commissioner, Joe Egan,

15 wrote back saying there was no basis for this intelligence,

16 isn't that right?

17 A. Yes.

18 90 Q. Now, the next appears to be a report. There's an awful lot

19 of editing in it, so it won't take very long to get

20 through. It's at pages 78 and 79. Now, "On the day of the

21 shooting of the two RUC officers, the IRA had men on the

22 following roads: the main Dublin/Belfast Road, the main

23 Omeath/Newry Road, the Carrickasticken Road - that is the

24 main Dundalk/Forkhill Road. The IRA had its operation in

25 place for one week before the shooting. The main objective

26 was to kidnap the two men, interview them and then kill

27 them. It is believed that one of the gunmen panicked and

28 shot when he thought the RUC men were getting away. There

29 were over 20 IRA men involved in this operation, one unit

30 from Crossmaglen and the other from Dromintee/Camlough,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 42

1 County Armagh."

2 And then members of the so-called IRA gang are set out.

3 And it is -- then, there is a suggestion that a particular

4 individual, who is not named, "was the main planner of the

5 operation and he believes that" certain people "were

6 members of the party involved in the shooting and that the

7 others were part of the back-up and scouting team." And

8 then I think a number of names are mentioned, which are

9 blacked out. "Other names of persons involved may be

10 forthcoming in the future."

11 The next pages we don't have to worry about because

12 effectively they have been entirely blacked out and they

13 don't assist us greatly.

14

15 Now, the next is page 80, and it's a letter dated 13th of

16 December, 2006, so we are getting to the end now. And it's

17 headed: "Alleged murder re Mr. Harry Breen and Mr. Bob

18 Buchanan, PSNI: OP IMPERIAL." And it's written by the --

19 sorry, comes from the Legal Process Office of the Sixth

20 Regiment of the Royal Military Office for Commanding

21 Officer. First of all, do you know what is the Legal

22 Process Office or the Sixth Regiment, or can you describe

23 that sort of an office?

24 A. No, I am not aware of it at all.

25 91 Q. And then there is a reference to "Op"; I presume that is

26 'Operation Imperial', is that right?

27 A. Yes. Again, I don't know anything about 'Operation

28 Imperial'.

29 92 Q. OK. And then there are references to an information

30 request return and a Legal Process Office case report. I

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 43

1 am skipping over quite a lot, but it makes no sense if I do

2 it that way. And then "Use of Service Police Reports and

3 Statements. The enclosed information summary is forwarded

4 for your action as necessary. The short summary and

5 attached list of annexes provided you with an accurate

6 précis of the salient points and are not admissible as

7 evidence." And then it goes: "Guidance for Disclosure:

8 All RMP" -- I presume, is that Royal Military Police? --

9 "reports are privileged... "

10 A. Yes.

11 93 Q. "... exclusive to the addressee and are not to be disclosed

12 outside the formation HQ or unit without permission of the

13 originator. Furthermore, the enclosed information summary

14 and associate documentation have not been subjected to any

15 form of redaction and may contain sensitive information."

16 Now, then it goes on to page 81, and it sets out the

17 documents that are enclosed. Page 82, then, is the

18 information summary, and I think this deals with a request

19 from the Historical Enquiry Team --

20 A. Yes.

21 94 Q. -- because it begins as follows: "Background to Case: It

22 will be recalled that on Monday, the 4th of September,

23 2006, correspondence was received from the Historical

24 Enquiry Team (HET) PSNI, Sprucefield," et cetera,

25 "requesting that any information held by HM Forces in the

26 MOD regarding the death of Mr. Harry Breen and Mr. Bob

27 Buchanan, which occurred on the 20th of March, 1989, near

28 Jonesboro," and then it refers to "(PSNI: OP IMPERIAL

29 refers) be provided." Then, "Enquiries conducted:

30 Information requested. PSNI have not at this stage made a

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 44

1 request for any specific information and requested instead

2 that any information held within HM Forces estate or the

3 MOD in Northern Ireland be provided.

4 3. A search for information was initiated, and detailed

5 below is a summary of that which was recovered.

6 Police Archives: A search of police archives met with

7 negative results and it is not believed that the Royal

8 Military Police attended the scene of this incident."

9 And then "HQNI Operative Archives: Examination of the

10 operational archives resulted in the discovery of a daily

11 operations brief for Northern Ireland dated the 20th to the

12 21st of March, 1989, and then a daily operations brief for

13 Northern Ireland dated the 21st to the 22nd of March, 1989,

14 and then Duty Officers Report for Northern Ireland dated

15 the 21st of March, 1989, all of which are held on

16 microfiche and are available for viewing if required.

17 Other relevant information, further inquiries: The

18 information detailed in this report has been compiled

19 following comprehensive searches of information held by the

20 military authorities and the MOD based on the incident

21 itself. However, information may exist relating to a

22 specific line of inquiry, and, should further assistance be

23 required, you are encouraged to contact this unit.

24 Assistance will continue to be provided to the PSNI;

25 however, only in the event that a serving member of HM

26 Forces is identified as having committed a criminal offence

27 associated with this incident will a further report be

28 distributed.

29 Unused material: A schedule detailing the unused material

30 gathered during this inquiry is attached for entitled

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 45

1 addressees." And then, "Copies of all information are held

2 at this detachment for production if required."

3

4 Then, the next is "Schedule of Sensitive Unused

5 Information: The following material, a copy of which is

6 enclosed, gathered during the course of this inquiry has

7 not been included in the information report but is held on

8 a file available for production if required." And then it

9 say "nil". I am not quite sure what "nil" means there. Do

10 you?

11 A. Presumably, that there was none.

12 95 Q. OK. And then this seems to be reference number, somebody

13 from the Royal Military Police, "... certify that I have

14 examined this case file, and, to the best of my knowledge

15 and belief, I have listed on this schedule all material

16 that has not been disclosed elsewhere." And then there is

17 a somewhat similar document at page 85, and it refers to

18 "The following... is held on file available for production

19 if required:

20 1. Case file Diary.

21 2. Chaos..." is that right?

22 A. Yes.

23 96 Q. Well, what is "Chaos"?

24 A. I don't know.

25 97 Q. Very well.

26 A. In respect of this, I don't know.

27 98 Q. OK. And then there is a similar certification at the end.

28 Now, then, a further document, which I am not at all

29 certain whether you can assist us with this, but it seems

30 to be a further document produced by the Royal Military

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 46

1 Police. It seems to suggest where documents may be in

2 various locations?

3 A. That's correct.

4 99 Q. And the same applies to page 87. And then you have the

5 case file diary starting at page 88, and it seems to be a

6 covering sheet, isn't that right?

7 A. Yes.

8 100 Q. And then you go on to the next page, which is page 89, and

9 this seems to be some form of a directive to all staff

10 currently storing paperwork files and/or exhibits in the

11 basement at Knocknagoney, Belfast. And it goes as follows:

12 "The Public Inquiries Liaison team attached to Crime

13 Support Department, Seapark, are currently engaged in

14 searches of stations and storage facilities within the

15 'police estate' in an effort to locate papers and other

16 material relating to the public inquiries into the murders

17 of Billy Wright, Rosemary Nelson, Robert Hamill,

18 Superintendents Breen and Buchanan and the Dublin/Monaghan

19 bombings.

20 The next location to be searched is the basement at

21 Knocknagoney. However, a preliminary survey of the

22 basement has led to a health and safety review, which will,

23 in turn, lead to the basement having to be cleaned and

24 cleared before any searches can be initiated.

25 There are currently boxes containing files, filing

26 cabinets and metal lockers with files and miscellaneous

27 papers and exhibits situated around all the corridors of

28 the basement. These lockers and filing cabinets will have

29 to be opened, unless the owners of same can advise this

30 unit otherwise and mark the filing cabinet/metal locker

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 47

1 accordingly.

2 We intend to move into the basement on Monday, the

3 17th of September, 2007. It would be greatly appreciated

4 if any members of staff with items stored in the basement

5 could either remove same or advise this office of any

6 problems."

7 And then there seems to be a little annotated note: "No

8 specific information that there will be" --

9 A. "Material".

10 101 Q. -- "material concerning the murders of Chief Superintendent

11 Breen and Superintendent Buchanan in Knocknagoney store," I

12 think?

13 A. Yes.

14 102 Q. Now, unfortunately, my photocopy is gone and I can't read

15 the rest of it. And then, the next page seems to be --

16 it's the same document but just sent to a different

17 destination, that is all. Then, there is another document,

18 page 90, which -- it seems to be dated the 21st of January,

19 2008, given a reference number, and it says: "Garda report

20 marked 'secret' found in case box - Op Imperial." And it's

21 dated -- yes, well, the report itself is dated the 30th of

22 January, 2008.

23 A. Mm-hmm.

24 103 Q. And I think I might have said 2009. It should be 21st of

25 January, 2008. And it's received by the signature that is

26 so illegible it wasn't necessary to black it out. Then,

27 there seems to have been a list of material forwarded for

28 examination. I am not quite sure, this probably goes back

29 to the initial inquiry in 1989 --

30 A. It is, yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 48

1 104 Q. -- pages 91, 92. Is that a fair assessment?

2 A. Yes, it is.

3 105 Q. Because it refers to -- yes, it refers to clothes of

4 individuals, and there is no need to deal on that.

5 A. No.

6 106 Q. The next thing, then, is page 93, 'Operation Imperial'.

7 And it seems to be the initial document, 20th of July,

8 2007, because it requests the opening of a file. Now,

9 "Reviewing of cases for" -- something --

10

11 CHAIRMAN: "Allocation".

12 A. "Allocation".

13 107 Q. "Allocation". This is "Telephone" --

14 A. -- "call".

15 108 Q. I am just having difficulty reading this, to be quite

16 honest with you. It appears to be a reference to number 4,

17 file located in box. There doesn't appear to be anything

18 that needs to be drawn to the -- insofar as I can read the

19 writing on page 93. Page 94, this seems to summarise how

20 the -- the beginning: "Superintendent Breen contact on

21 Superintendent Nolan, Dundalk, meeting for 1400 hours on

22 the 20th of March, 1989." And then "Recommendation:

23 Should a vehicle be" -- something --

24 A. -- "identified" --

25 109 Q. -- "identified from the rank of Vauxhall" --

26 A. -- "trawl" --

27 110 Q. -- "from the trawl". Sorry. Good for you. "... Vauxhall

28 Cavaliers. Recommend this should be traced and

29 interviewed." Is that right?

30 A. Yeah.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 49

1 111 Q. "Recommendation 2: Garda Siochana should be approached to

2 obtain a witness statement from the person who saw" -- a

3 person, a named individual -- "on the 20th of March, 1989."

4 A. "Provide basis of evidence."

5 112 Q. Yes. Good for you. I am going to move on down. I am

6 having enormous difficulty reading this writing, I have to

7 say. It was much easier to read in the original.

8 "Recommendation 3: Trace and arrest" -- a certain

9 individual -- "in respect of weapons found at Silverbridge

10 and their connection to the murders of Breen and Buchanan."

11 And then "Recommendation 4: Recommend the evidence given

12 by Mr. Mains to the Smithwick Tribunal be obtained for

13 review." So this document must have been created quite

14 recently - it's not dated - but if it refers to that.

15 "This cannot take place until the Tribunal" --

16 A. -- "starts" --

17 113 Q. -- "starts to take evidence, which I am informed will not

18 be until the end of 2007."

19 A. Mm-hmm.

20 114 Q. "The Tribunal should be" -- what is that?

21 A. -- "monitored" --

22 115 Q. -- "monitored for the requisite information to be

23 obtained." And "Recommendation 5: Recommend the" --

24 something -- "Chief Superintendent Nolan and his deputy,

25 Superintendent Tierney, be approached to ascertain if

26 they" -- something -- "to their Special Branch -- if they

27 reported to their Special Branch" -- something -- "from

28 the" --

29 A. -- "unit" --

30 116 Q. -- "from the unit." Whatever. "And, if so" --

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 50

1 A. -- "who they" --

2 117 Q. -- "reported to" --

3 A. -- "to advise" -- something.

4 118 Q. Yes. This seems to be a suggestion that Superintendent

5 Nolan and Superintendent Tierney should be approached by

6 somebody, obviously, from the RUC side?

7 A. Yes.

8 119 Q. "Recommendation 6: In" -- something -- "the information

9 supplied by" --

10 A. "Assessing".

11 120 Q. Oh, "In assessing the information supplied by Kevin Fulton

12 he is likely to have his evidence tested at some of the

13 Tribunal, and I recommend that when and if Kevin Fulton

14 gives evidence at the Tribunal, that the" -- something --

15 A. -- "be monitored" --

16 121 Q. -- "be monitored, and the evidence then be used to assist

17 this review."

18 A. Yes.

19 122 Q. And then -- something -- "review from basis" -- I can't

20 read the last sentence. Can you read that at all?

21 A. Something review -- "being pended in order to assess the

22 findings of the Tribunal."

23 123 Q. Very good. Thank you very much for that. The next seems

24 to be some sort of a flowchart of 1986, which sets out --

25 puts names in boxes and it seems to draw certain links;

26 notably, you have the two deceased officers at the top?

27 A. Yes.

28 124 Q. And then you have Alan Mains, who is associated with Harry

29 Breen, and then you have the two Garda officers, John Nolan

30 and Tom Connolly?

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 51

1 A. Mm-hmm.

2 125 Q. And then flowing down from Superintendent Connolly,

3 Detective Superintendent Connolly, is Josephine Fitzsimons,

4 guard; Inspector Frank Murray, guard; David Sheridan,

5 guard; Thomas Molloy, guard; Ann McMorrow, guard; and --

6 A. Mr. Tierney.

7 126 Q. -- Tierney, garda. And then two other names: a gentleman

8 who found the bodies; and then Sergeant Leo Colton, who saw

9 the car with EIB 32, et cetera?

10 A. Yes.

11 127 Q. Now, the remainder, I am afraid, is somewhat daunting

12 because it's all in handwriting, but we will do our best.

13 Page 97: "Vehicles: KIB 1204, Superintendent Buchanan's

14 Cavalier," and then there's a reference to a Renault 12

15 driven by a named individual, and a white Hiace van?

16 A. It's a Liteace van.

17 128 Q. Oh, Liteace, sorry, I beg your pardon, which was burned out

18 on the 23rd of March, 1989. It seems that the vehicle used

19 by the IRA indeed was burned out, isn't that right?

20 A. Yes, I believe so.

21 129 Q. 18:30 hours, the two people who were being -- whose names

22 have been edited out, were seen meeting, on the 20th of

23 March, 1989, three male occupants. And then there was a

24 linked incident in Silverbridge on the 20th of February,

25 1990, but that post-dates.

26 A. Yes.

27 130 Q. And it refers to an RAF helicopter, and we won't -- I don't

28 think anything turns on that. Now, the next page is page

29 98. Unfortunately, it's barely legible. "Jonesboro" --

30 something -- "and the Cory findings and Detective

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 52

1 Superintendent McBurney" -- is that "appointed"?

2 A. "Appointed," yes.

3 131 Q. And then: "Investigation of allegations of collusion

4 contained in 'Bandit Country' to be carried out by" --

5 A. Detective Inspector --

6 132 Q. A name is given, isn't that right?

7 A. Yes.

8 133 Q. And then: "No car documents done, no" -- something --

9 "e-mails".

10 A. "No e-mails."

11 134 Q. Something about the family. "No FIP," is that right?

12 A. No fingerprints.

13 135 Q. That is what it is, fingerprints, yes. And then "no

14 fingerprints" again, and "forensic ..." something or

15 other?

16 A. "Forensic letter".

17 136 Q. Well done. "No inventory and intelligence...

18 A. ... not done."

19 137 Q. OK. Page 98. In fact that's just a copy of what we have

20 just read.

21 Page 99: We have already read that out, mercifully.

22 Page 100: "Buchanan ..." something about administration.

23 "Intelligence to..."

24 A. "... kidnap."

25 138 Q. "Kidnap", yes.

26 A. Yes. "... Illegal vehicle checkpoint."

27 139 Q. It was all much more legible when we first saw it in the

28 original. Can you help us any further with what is written

29 there?

30 A. It's difficult to see it.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 53

1 140 Q. I don't think anything turns on it, frankly. Now, this is

2 the last page of the very difficult writing, I am glad to

3 say.

4 "Allocated work as of 9/7/2007" and then I presume the

5 names of the people are on the left and there is reference

6 to a letter. Is this "focused", is that right?

7 A. "Focused..."

8 141 Q. "... review to [something] tracing an order," is that

9 right?

10 A. Yes, "two actions tracing an order."

11 142 Q. "Two actions tracing an order." Then something else,

12 "Coroner's actions..." What is on the line underneath, do

13 you think?

14 A. "Waiting inquiry".

15 143 Q. The next word is?

16 A. Unknown.

17 144 Q. And then "with [something] and update..."

18 A. "... that keep..."

19 145 Q. "... re stored documentation," is that right?

20 A. Yes.

21 146 Q. "Updating, review, focus, murder time, focus, trace" and

22 then --

23 A. It looks like "Santa Mira".

24 147 Q. But on the last line, can you help with us with that? Go

25 right down, Mr. Mills. There, you see it now?

26 A. No.

27 148 Q. No, not to worry. Now, the next, although it's in

28 handwriting, is much, much more legible. This is entitle

29 "Operation Imperial" -- page 102 -- and this, Chairman, is

30 effectively the last document, although it does go on for a

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 54

1 bit, but we will focus on the main passages. It's not

2 clear whose handwriting this is but it appears to be a

3 diary note of work that was carried out?

4 A. Yes.

5 149 Q. And it goes as follows: "Also, Toby Harnden was

6 interviewed by his book Bandit Country, it took place in

7 Washington D.C. on 6/4/2000. Harnden made use of official

8 documents which he had no official access..." is that

9 right?

10 A. Yes, yes.

11 150 Q. It seems to be a notebook that was entitled "Operational

12 Imperial." Now, "Attended the sniper trial every day and

13 obtained [something] unofficially... he would not say from

14 whom.

15 Security forces personnel who may have had docs and photos

16 have not been interviewed.

17 Question asked by Monsignor Raymond Murray re Harnden

18 obtaining material unofficially.

19 Report to head of branch Detective Chief Superintendent

20 25..."

21 A. "Detective Inspector" --

22 151 Q. Sorry, "Chief Inspector 25 outlined in his report.

23 Newspaper cutting from Breen family.

24 This is an article written by Kevin Myers published in The

25 Irish Times on 10th March 2000.

26 D/C/I 25, Good family liaison with the Breen family.

27 [Something] possible action from Saville ..."

28 A. "Harnden".

29 152 Q. "... Enquiry (Bloody Sunday) for ..." what is that?

30 A. "... destroying notes..."

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 55

1 153 Q. "... made in respect of soldiers."

2 A. Yes.

3 154 Q. "Photofit of man seen acting suspiciously outside Dundalk

4 Garda station approximately 2:55pm 20/3/89 driving motorcar

5 EIB 23. 30-35 years old, round face, black curly hair,

6 black leather jacket..." and so forth. We already read

7 that out.

8 "From serious crime log sheet.

9 No weapon found. Bullet casings" is that right?

10 A. Yes.

11 155 Q. "[Something] by SOCO"?

12 A. "Removed".

13 156 Q. And then, what's "H to H"?

14 A. House to house.

15 157 Q. "House to house search on Edenappa Road, Jonesboro.

16 Local residents who assisted scene" -- names are given. "A

17 fax from Garda at Dundalk dated 20th March 1989 --"

18 A. 22nd of March 1989.

19 158 Q. Sorry, 22nd of March, you are quite right, my apologies,

20 "at 4:30 p.m.

21 Confidential information from a person who was not present

22 at the scene of the fatal shooting but received following

23 account from person who was there, refused to name exactly

24 what happened."

25 A. "Exactly what happened," yes.

26 159 Q. "26/3/9989, Jordan's derelict building used by gunmen was

27 cleared by ATO then SOCO examined, took away exhibits.

28 Father O'Hanlon and two locals at scene.

29 Action to trace A6, last rites" and somebody dialed 999, we

30 know all of that already, and about the fax being sent, we

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 56

1 know about that, as well. And then, it's about phone calls

2 being made from box opposite Garda station; I think that

3 has already been put into evidence?

4 A. Yes, yes.

5 160 Q. And then we go on to the next page, then, page 104?

6 A. Page 105.

7 161 Q. I have two copies there for some reason. Then, yes, "Supt

8 Buchanan crossed border.

9 5 times in March,

10 5 times in February,

11 6 times in January,

12 4 times in December '88.

13 Nurse who attended bodies traced as" -- given name --

14 "Jonesboro, wife of [gentleman], telephoned by husband to

15 ask for..." is that "report"?

16 A. "Priest".

17 162 Q. Sorry, "priest," yes. "Found a pulse and went home."

18 A. "Went home".

19 163 Q. "No statement." And what is this, "1 C M", what is that?

20 A. "Van used..."

21 164 Q. You are quite right, "van used" and then -- was, what?

22 A. Is that not "owned"?

23 165 Q. Yes, nothing really turns on that. Oh, yes, "was stolen on

24 Saturday 18th March 1989 at 9pm from Mullaghbown chapel.

25 Piece of paper stuck to Buchanan's warrant card with

26 numbers on it. Fingerprint check. No..."

27 A. "No marks."

28 166 Q. "No marks." OK. "Van used. Burnt out disused Burmah

29 Garage at New Road in Tullydonnell on 29/3/89.

30 Fingerprint exam of KIB 1204... No lifts."

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 57

1 And then page 106: "Lucozade bottle was found at the

2 scene. Insufficient detail for comparison."

3 A. Yes.

4 167 Q. "16/3/1989, 15:46, message to all personnel from Chief

5 Inspector, Limavady.

6 PIRA are targeting a plain clothes policeman who drives and

7 old type orange coloured car in the Limavady area.

8 IRA says they done it, they were doing a roadblock,

9 officers came into it and were fired on as a preventative

10 action."

11 A. Yes.

12 168 Q. I think that was information that was conveyed at 11 p.m.

13 on 22nd of March 1989 to Downtown Radio News?

14 A. Yes.

15 169 Q. Then "there were two anonymous messages naming a Leo

16 Coulter [sic], Sergeant in Dundalk."

17 A. Mm-hmm.

18 170 Q. And a further note is that "14/3/89 Bob Buchanan went to

19 Dundalk Garda Station, left his car in full view at the

20 front, when he left thought was followed."

21 A. Yes.

22 171 Q. The Chairman has heard evidence of somebody who accompanied

23 him on that occasion when there was a feeling that they

24 were being followed.

25

26 And then there was a history of the weapons used in the

27 shooting. That needn't detain us, really.

28

29 If you go down to the bottom: "Witness to events as

30 described. Strict instruction not named or asked to give

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 58

1 evidence, source did not see the radio equipment or hear

2 any. There was seven men in the attack."

3 There is a message from somebody to Cipher 46, Detective

4 Sergeant [blank]. "At 2:30pm a white van dropped 5 men at

5 the derelict van." Yes, we have been over that already.

6 That clearly is the original note that we read up in typed

7 version. Then you have "arms used", and again we don't

8 have to detain ourselves on that. Equally, again, this is

9 reference to "arms used"; we don't have to deal with that.

10 Then, there is the interview of Kevin Myers on 24th of May,

11 2000. "Journalistic privilege" and then: "Are you saying

12 that you had no specific information in relation to each

13 incident you referred to?

14 Kevin Myers: I do not have specific information. I wrote

15 from my overview. I may have stated in a more

16 authoritative way than I should. I probably wrote it as a

17 fact as if I wrote the article. I probably would not write

18 it as ..." just the very last word there, I can't quite

19 make it out. Anyway, the Chairman has already heard from

20 Mr. Myers.

21 And then he was interviewed again on 10th of March, and

22 questioned about his article:

23 "Question: In relation to the murders of Harry Breen and

24 Bob Buchanan do you have evidence that the ex-Garda passed

25 on information to the IRA re their movements?

26 Answer: No."

27 And then there is reference to the "Garda report. Full

28 copy for file." It deals with Garda collusion and -- what

29 is that?

30 A. "Investigation".

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 59

1 172 Q. "Investigation", OK. And then there was a reference to

2 "meeting in June 1989. Meeting Garda RUC joint op, arrest

3 25 people, a list of 25 suspects."

4 And then a reference to the inquest file; we don't have to

5 deal with that.

6 Now, further down, though: "On 20/3/89 at 14:15 message

7 for the attention of Chief Inspector 33 from Forkhill RUC

8 re suspicious activity at Kilnasaggart Road Bridge, four

9 men observed apparently erecting road signs. DOE Road

10 Service and Water Service were contacted, Northern Ireland

11 Railways and British Telecom. All negative. Those men

12 left the scene after a half an hour in two cars, a blue

13 Cavalier and a blue Volvo," is that right?

14 A. Yes.

15 173 Q. "These cars headed northwards towards Meigh."

16 A. Yes.

17 174 Q. There is the Vengeful analysis set out. Now the Chairman

18 has already heard evidence of the Vengeful analysis, indeed

19 through yourself, on the last occasion so we don't have to

20 detain ourselves on that.

21

22 Then, page 114: "From Detective Superintendent Connolly to

23 Ch/Insp Harte, Bessbrook RUC. Information of D/Insp

24 [blank]." I think, again, we are just repeating

25 ourselves -- yes, we are repeating ourselves. There is no

26 necessity to go into this, it's all been given already in

27 terms of typed up --

28

29 MR. O'CALLAGHAN: Can we open that one?

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 60

1 MR. DILLON: Absolutely. It will sound familiar to people.

2 "Confidential information from a person not present at

3 scene states that following account from person refused to

4 name who were present when shooting took place. About four

5 minutes before KIB" -- that is Bob Buchanan's car --

6 "arrived, two men with rifles halted three cars on

7 Jonesboro side of hill. Occupants made to get out. Cars

8 blocking the road would not be visible by persons

9 travelling towards Jonesboro until reached top of hill.

10 When travelling from south, KIB, followed by white Liteace

11 van, back window covered black plastic, made it look like

12 mirror effect. Van that passed KIB pulled across road.

13 Car halted. Four masked men jumped out of rear. The

14 driver KIB tried to reverse. Four gunmen shot them. Van

15 drove off taking all six gunmen with them. Two who stopped

16 cars had not masks and did not have transport with them.

17 The person who gave info wanted to have the true account of

18 took place ..." and that is where it finishes.

19

20 Now, Inspector 54, he talks about Tuesday 14th of March

21 when he went with Bob Buchanan in KIB 1204 from Dundalk

22 Garda Station to Newry. They left at 9:45, they arrived at

23 10:15 and they left at 12:50. The car was parked in full

24 view opposite green --

25 A. Dundalk.

26 175 Q. Dundalk. "Drove out of Dundalk, as approached main road to

27 Newry junction Ballymascanlon road, Superintendent said

28 suspicious car behind. Saw dark-coloured car registration

29 number [blank]" -- sorry, no registration number?

30 A. No registration number.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 61

1 176 Q. Exactly, yes. "He then..." is that right?

2 A. "... turned off ..."

3 177 Q. "... turned off towards BCP 10 Edenappa Road.

4 When travelling Superintendent Buchanan always used BCP 10

5 5 and 8."

6 And then "Following arrest for..."

7 A. "Domestic..."

8 178 Q. "... on 8/6/2000 [somebody] disclosed info to police.

9 Stated that he joined PIRA in 1981..." I don't think

10 anything material.

11 Then page 116: "[Blank] was involved in the mixing of

12 explosives and subsequent landmine attack in Dromintee

13 area. This resulted in the murder of two RUC officers,

14 also involved in this was" -- the names are given.

15 And then "On 14/6/2000 [somebody] was arrested under the

16 Prevention of Terrorism Act. Questioned. Denied giving

17 any information. Released without charge."

18 And then something about secret material, we don't have to

19 worry about that.

20 Then, page 117, this was, I think, about the sign that was

21 being put up.

22 "Supervisor fore DOE Water Service based in Carnbane

23 Industrial Estate," -- we don't have to worry about that.

24 A denial that they had any signs going up.

25 A. Yes.

26 179 Q. Now, page 118, this has to do with the car EIB 23 or 32.

27 It seems that five vehicles could be identified with this

28 combination of numbers. And then "[Something] Admin Breen

29 office. Alan Mains ring extension home number", I am not

30 quite sure had a that means.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 62

1 "Kidnapped by IRA, 13/12/1995 Owen Corrigan - Francis

2 Tiernan, 14/12/95 released" and then something about Page

3 17 messages. Report to Detective Inspector should read.

4 This person has knowledge of the shooting. Message from

5 Superintendent Connolly. White van at scene. Been

6 interviewed. Refused statement. Stated drove past scene

7 and saw two dead men. Gardaí not satisfied telling truth.

8 Message page 25 -- talk is Finbarr King and Patrick

9 O'Hanlon held by gunmen at scene. Patrick drives Renault

10 from interview of Martin McEvoy," is that right?

11 A. Yes.

12 180 Q. And then there is a series of names that have been blacked

13 out, people who are wanted for questioning.

14 Then, page 120, nothing turns on that, really. We can move

15 on.

16 Page 121, I think we have been through that page already,

17 it's just being repeated.

18 Page 122?

19 A. That has been done.

20 181 Q. Again we have done that already. And lastly, is "1989,"

21 was that a saliva test?

22 A. "Saliva test.

23 Sample not available."

24 182 Q. Is that "battle"?

25 A. "Bottle..."

26 183 Q. "Bottle not available." I think that is something that was

27 slipped in and it wasn't really intended -- oh, yes, the

28 Lucozade bottle, it could well be that exactly, my

29 apologies, it could well be the Lucozade bottle mentioned

30 as having been found.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 63

1

2 That, Chairman, is the documentation that we have seen,

3 together with the earlier bundles which we put in evidence

4 before you on 28th of June, that represents the

5 documentation we found on the papers of the old RUC/PSNI.

6 I don't know if anybody has any questions...

7

8 CHAIRMAN: Does any counsel wish to ask any questions?

9 Mr. O'Callaghan?

10

11 MR. O'CALLAGHAN: Chairman, I would like, obviously, now

12 that all those documents have been put into evidence, to be

13 given a booklet of the documents. I think they would

14 probably be of more use to me in the submissions we are

15 going to make on behalf of Mr. Corrigan, rather than

16 cross-examine this witness on detail that he doesn't know.

17

18 MR. DILLON: Yes, I made it clear at the outset that copies

19 will be made available.

20

21 CHAIRMAN: Good. That will be done.

22

23 MR. DURACK: I think it's very important that the copies we

24 get are legible. Clearly, what we have had so far is

25 rather pointless. There was just one matter that I wanted

26 to raise, just maybe the witness can help us.

27

28 CHAIRMAN: Is it short or...

29

30 MR. DURACK: It will be very short.

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 64

1

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

3

4 184 Q. MR. DURACK: You mentioned the Vengeful analysis, which I

5 think you read and you gave evidence of previously, and

6 what I can't find in it is, there is a reference in Judge

7 Cory's report, at paragraph 2147: "There are, as well,

8 army surveillance reports to consider. One of them

9 indicated that Buchanan's car was being followed by a

10 member of PIRA's car on the 15th of March, five days before

11 the murder." Have you any idea where that came from,

12 because it's not in the documents you referred to?

13 A. No, I have no knowledge of that.

14 185 Q. Because we do know that he thought he was followed on the

15 14th when he was with Inspector Day, but being followed on

16 the 15th by a Provisional's car is something that we don't

17 have any information about. And I think you said you

18 didn't know what Operation Imperial was, but I think,

19 though, what you have been reading are in fact copies of a

20 notebook in relation to that, which appears to be a

21 look-back that took place after Mr. Harnden wrote his book?

22 A. Yes, I would accept that, yes.

23 186 Q. And it's part of the historical inquiry team, I think?

24 A. Yes.

25 187 Q. Thank you very much.

26

27 CHAIRMAN: Any other questions for the witness? No. Very

28 well, in that case, I think that that concludes the

29 evidence, or concludes this witness's evidence. Thank you

30 very much, Mr. McConville, for coming, you are very good to

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 65

1 help us out and we appreciate it, thank you.

2

3 MR. DILLON: Chairman, that is all we have for you today.

4 The Tribunal is continuing its private investigation. We

5 will notify the parties when we are ready to resume. We

6 are mindful, of course, and cognisant of the fact that

7 Mr. Corrigan is coping with an illness and we do bear that

8 in mind but, at the same time, there is other work that can

9 be done and we will deal with that as and when we are ready

10 and the parties will be given appropriate notification.

11

12 CHAIRMAN: Yes, if we could leave it on that basis and the

13 next sitting will be arranged and proper notification given

14 to everybody.

15

16 MR. COFFEY: Chairman, on a personal matter, the courts are

17 going into recess on the 25th of this month, and I wonder

18 is the Tribunal holding open the option of sitting during

19 what otherwise would be during vacation, the Whit vacation?

20 It's only so that people could make arrangements.

21

22 MR. DILLON: No, for my own part, I must say, I hadn't

23 factored that in, for a very obvious reason: I have made

24 my own arrangements. But I think in light of the fact that

25 it is the Whit vacation, I imagine people may well have

26 made their own plans and, indeed, in light of, and we don't

27 wish to cause him any undue difficulty, Mr. Corrigan's

28 situation, it might be as well if, certainly for the week,

29 let's say, between -- sorry, starting Monday the 28th, you

30 might consider suspending any sitting, but if parties are

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 66

1 available up to the Friday before or from the Tuesday

2 afterwards, it could well be helpful.

3

4 CHAIRMAN: Yes. We won't deliberately inconvenience

5 parties. We will try and fit in with fixing the next date

6 for hearings. Thank you very much.

7

8 MR. COFFEY: I am much obliged.

9

10 CHAIRMAN: Thank you.

11

12 THE TRIBUNAL THEN ADJOURNED. 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 1

' 16:03 [1] - 26:15 48:22, 49:3, 51:22, 5 able [2] - 13:13, 28:22 16:04 [1] - 26:21 51:24, 55:17 abreast [1] - 28:30 '87 [1] - 23:10 16:37 [1] - 27:4 21 [3] - 21:22, 22:18, 5 [11] - 7:9, 17:17, 17:18, absolutely [3] - 33:25, '88 [2] - 23:10, 56:12 17 [2] - 16:27, 62:3 27:19 18:2, 25:3, 40:17, 34:18, 60:1 '95 [1] - 24:10 17th [1] - 47:3 21.3 [1] - 24:2 49:23, 56:9, 56:10, abundantly [1] - 31:23 '96 [1] - 23:29 18:30 [1] - 51:21 21/3 [1] - 24:10 58:4, 61:5 accept [1] - 64:22 'Bandit [2] - 7:20, 52:4 18th [1] - 56:24 2147 [1] - 64:7 50 [1] - 32:11 access [1] - 7:5 'Hard [1] - 14:24 19 [2] - 19:29, 21:30 21st [6] - 34:7, 44:12, 54 [2] - 21:4, 60:20 access.. [1] - 54:8 'Mooch' [1] - 14:25 1979 [1] - 19:6 44:13, 44:15, 47:18, accompanied [2] - 27:24, 'Operation [3] - 42:26, 1980s [2] - 14:6, 19:9 47:24 6 57:22 42:27, 48:6 1981.. [1] - 61:9 22 [1] - 23:9 accompany [1] - 9:2 6 [4] - 27:1, 40:18, 50:8, 'Ops [1] - 22:6 1986 [2] - 23:9, 50:24 22nd [4] - 44:13, 55:18, according [4] - 7:1, 56:11 'police [1] - 46:15 1989 [41] - 5:20, 6:15, 55:19, 57:13 17:21, 18:6, 28:24 6/4/2000 [1] - 54:7 'secret' [1] - 47:20 7:14, 9:29, 10:16, 23 [5] - 6:16, 9:18, 11:7, accordingly [3] - 9:2, 61 [2] - 27:15 'Slab' [2] - 20:25, 22:4 11:22, 12:15, 14:21, 55:5, 61:26 13:7, 47:1 64 [1] - 30:13 15:12, 19:28, 20:30, 23.. [1] - 11:23 account [4] - 40:22, 65 [1] - 31:3 1 21:22, 22:26, 24:20, 2335 [2] - 9:15, 10:4 55:23, 60:3, 60:17 68 [1] - 34:6 24:25, 25:3, 25:4, 25:7, 23rd [3] - 36:20, 39:11, accurate [2] - 19:24, 43:5 1 [5] - 6:1, 26:4, 40:9, 69 [1] - 34:16 25:19, 26:13, 27:19, 51:18 achieved [1] - 33:14 45:20, 56:19 34:8, 39:24, 40:11, 24 [1] - 24:17 Act [1] - 61:16 10 [4] - 11:18, 27:6, 61:3, 40:14, 43:27, 44:12, 24th [1] - 58:10 7 act [1] - 19:8 61:4 44:13, 44:15, 47:29, 25 [11] - 7:27, 8:5, 9:2, 70 [2] - 34:16, 35:14 acted [1] - 16:23 100 [2] - 21:10, 52:22 48:22, 49:3, 51:18, 12:23, 24:22, 31:10, 71 [1] - 35:24 acting [3] - 6:14, 11:7, 102 [1] - 53:29 51:23, 55:17, 55:18, 54:22, 54:26, 59:3, 62:8 72 [1] - 36:15 55:3 104 [1] - 56:5 56:24, 57:13, 59:2, [1] 25.. - 54:20 73 [1] - 37:1 action [13] - 10:1, 11:4, 105 [1] - 56:6 62:20 [1] 25th - 65:17 74 [1] - 38:1 11:21, 12:4, 24:17, 106 [1] - 57:1 1989" [1] - 14:28 [1] 26 - 16:28 76 [1] - 39:12 24:27, 25:10, 37:29, 10:15 [2] - 20:8, 60:23 1990 [1] - 51:25 [1] 26/3/9989 - 55:26 77 [1] - 39:12 40:27, 43:4, 54:27, 10th [3] - 7:24, 54:25, 1990s [1] - 14:6 27 [1] - 24:30 55:29, 57:10 58:21 78 [1] - 41:20 1991 [1] - 15:6 [1] [4] 28 - 25:10 79 [1] - 41:20 Action - 6:5, 9:7, 9:10, 11 [2] - 11:21, 57:12 1994 [1] - 23:29 28th [4] - 1:14, 12:23, 17:15 114 [1] - 59:22 1995 [4] - 15:21, 15:24, 63:4, 65:29 actions [2] - 53:10, 53:11 116 [1] - 61:11 8 16:14, 23:29 29 [1] - 25:13 actions.. [1] - 53:12 117 [1] - 61:20 1996 [4] - 15:19, 16:3, 29/3/89 [1] - 56:29 8 [2] - 13:4, 61:5 activated [2] - 21:17, 118 [1] - 61:26 16:11, 16:17 29/9/'03 [1] - 37:4 8/6/2000 [1] - 61:8 21:19 11th [1] - 36:25 1999 [3] - 12:18, 12:23, 2:30 [1] - 35:27 80 [1] - 42:15 active [1] - 8:30 12 [1] - 51:14 13:5 2:30pm [1] - 58:4 81 [1] - 43:16 actively [1] - 7:30 120 [1] - 62:14 19th [1] - 38:2 2:35 [1] - 6:15 82 [1] - 43:17 activity [1] - 59:8 1204 [4] - 20:18, 21:6, 1st [2] - 38:5, 38:28 2:55pm [1] - 55:4 85 [1] - 45:17 acts [3] - 31:23, 31:25, 51:13, 60:21 87 [1] - 46:4 34:1 1204.. [1] - 56:30 2 3 88 [1] - 46:5 actual [1] - 27:23 121 [1] - 62:16 89 [1] - 46:8 acutely [1] - 8:23 122 [1] - 62:18 2 [9] - 17:17, 17:18, 18:2, 3 [5] - 6:11, 12:1, 40:13, add [3] - 19:21, 34:12, 18:9, 18:26, 26:14, 12:30 [1] - 23:28 44:4, 49:8 9 34:22 [1] 40:12, 45:21, 49:1 30 [1] - 6:17 12:50 - 60:23 additionally [1] - 17:15 [3] 20 [6] - 15:12, 22:9, 25:7, 30-35 [1] - 55:5 9 [2] - 13:27, 19:3 13 - 15:21, 25:4, 25:7 address [2] - 8:21, 17:24 [2] 25:19, 26:22, 41:29 30th [2] - 12:18, 47:21 9/7/2007 [1] - 53:4 13/12/1995 - 16:7, addressed [4] - 7:17, 20/3/89 [2] - 55:4, 59:6 62:1 31st [1] - 7:14 90 [1] - 47:18 16:30, 40:8, 40:23 [1] 2000 [5] - 5:21, 7:14, [3] 91 [1] - 48:1 13:40 - 20:16 32 - 9:19, 51:9, 61:26 addressee [1] - 43:11 [1] 7:24, 54:25, 58:11 [1] 92 [1] - 48:1 13:50 - 20:16 33 - 59:7 addressees [1] - 45:1 2003 [9] - 13:27, 19:3, [2] 13th [2] - 16:13, 42:15 35 [1] - 6:17 93 - 48:6, 48:19 ADJOURNED [1] - 66:12 [1] 36:21, 36:25, 37:25, [1] 14/12/1995 - 16:15 36 [2] - 25:29, 26:2 94 - 48:19 Admin [1] - 61:28 [1] 37:26, 38:29, 39:8, [1] 96 [1] - 24:10 14/12/95 - 62:2 37 - 25:29 administration [1] - 39:11 14/3/89 [1] - 57:18 38 [1] - 28:17 97 [1] - 51:13 52:22 2004 [1] - 16:28 14/6/2000 [1] - 61:15 39 [1] - 21:23 98 [2] - 51:29, 52:19 administrative [1] - 10:12 2006 [2] - 42:16, 43:23 1400 [2] - 20:10, 48:21 3:30 [1] - 36:3 99 [1] - 52:21 administrator [3] - 38:9, 2007 [3] - 47:3, 48:8, 14:10 [1] - 20:19 3:55 [1] - 32:7 999 [2] - 21:2, 55:29 38:10, 39:22 49:18 14:15 [1] - 59:6 9:30:00 [1] - 20:5 administrators [2] - 2008 [4] - 38:2, 47:19, 14th [3] - 15:24, 60:20, 4 9:45 [1] - 60:22 40:13, 40:15 47:22, 47:25 64:15 9pm [1] - 56:24 admissible [1] - 43:6 2009 [1] - 47:24 4 [5] - 7:9, 40:15, 48:16, 15 [2] - 27:5, 27:6 adopted [1] - 28:1 2012 [1] - 1:1 49:11, 56:12 15:15 [1] - 20:26 A advance [1] - 3:6 20o [1] - 20:30 46 [2] - 35:25, 58:3 15:46 [1] - 57:4 advise [5] - 13:6, 22:25, 20th [19] - 6:15, 9:29, 4:15 [1] - 32:11 A6 [1] - 55:29 15:54 [1] - 20:30 46:29, 47:5, 50:3 10:15, 11:22, 12:11, 4:30 [1] - 55:20 abducted [2] - 15:20, 15TH [1] - 1:1 advised [2] - 3:5, 12:26 12:14, 19:28, 22:26, 4th [1] - 43:22 15:27 15th [2] - 64:10, 64:16 affairs [1] - 3:25 24:19, 24:24, 26:13, abduction [4] - 16:5, 16/1/04 [1] - 17:16 afraid [1] - 51:11 43:27, 44:11, 48:7, 16:18, 16:21, 16:22 16/3/1989 [1] - 57:4

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 2 afternoon [6] - 9:29, 11:8, 49:25, 50:5, 60:26 attached [11] - 7:19, 7:22, beginning [2] - 31:10, 56:2 11:22, 27:22, 27:30, appropriate [2] - 7:24, 9:28, 10:3, 12:22, 48:20 boxes [2] - 46:25, 50:25 34:11 65:10 21:26, 28:2, 36:21, begins [1] - 43:21 Boyne [1] - 16:6 afterwards [1] - 66:2 Archives [2] - 44:6, 44:9 43:5, 44:30, 46:12 behalf [2] - 32:19, 63:15 branch [2] - 21:25, 54:19 agency [1] - 14:16 archives [2] - 44:6, 44:10 attack [3] - 36:7, 58:2, behind [1] - 60:28 Branch [15] - 7:17, 12:5, Agency [1] - 19:7 area [8] - 14:25, 23:28, 61:12 Belfast [2] - 28:20, 46:11 12:30, 14:6, 14:8, agent [3] - 14:5, 14:7, 30:22, 30:29, 35:27, attacks [1] - 31:13 belief [1] - 45:15 19:12, 37:17, 37:18, 19:8 35:30, 57:7, 61:13 attempted [1] - 36:7 believes [1] - 42:5 37:26, 37:28, 38:30, agree [3] - 30:22, 34:18, arising [1] - 39:29 Attended [1] - 54:12 belong [2] - 27:2, 32:12 49:26, 49:27 38:16 Armagh [8] - 16:4, 16:19, attended [3] - 1:7, 44:8, below [1] - 44:5 braniff [1] - 28:10 Alan [4] - 23:9, 24:7, 18:16, 20:14, 23:29, 56:13 beside [1] - 35:28 Breen [43] - 7:11, 8:6, 50:28, 61:29 28:26, 32:10, 42:1 attending [1] - 11:14 bespoken [1] - 7:28 8:13, 8:20, 13:6, 13:29, alike [1] - 33:4 Armagh' [1] - 7:21 attention [2] - 36:29, 59:7 Bessbrook [6] - 6:8, 14:23, 15:1, 15:3, 15:9, all) [1] - 27:23 armed [1] - 30:6 attributed [1] - 7:23 21:18, 22:13, 23:11, 16:29, 18:17, 19:17, allegations [4] - 28:14, arms [2] - 58:7, 58:9 author [3] - 13:8, 20:1, 23:13, 59:23 19:20, 20:9, 20:14, 29:10, 29:16, 52:3 Army [1] - 19:6 27:19 best [3] - 3:14, 45:14, 20:22, 21:14, 22:2, alleged [2] - 17:11, 42:17 army [3] - 25:26, 34:26, authoritative [1] - 58:16 51:12 22:25, 23:10, 23:16, allocated [1] - 53:4 64:8 authorities [3] - 32:26, between [8] - 18:20, 21:3, 24:3, 25:17, 31:9, 32:4, allocation" [3] - 48:11, arrange [2] - 20:6, 20:9 35:8, 44:20 25:15, 25:21, 38:11, 32:16, 34:21, 37:3, 48:12, 48:13 arranged [5] - 24:24, authority [1] - 16:23 39:6, 39:24, 65:29 38:13, 39:20, 39:26, allow [1] - 2:1 25:15, 25:19, 28:23, available [16] - 5:27, Billy [1] - 46:17 42:17, 43:26, 46:18, alone [2] - 8:24, 31:17 65:13 28:26, 28:30, 38:18, bit [5] - 3:28, 13:22, 47:11, 48:20, 49:10, Amazing' [1] - 22:6 arranged" [1] - 25:23 38:19, 39:30, 40:12, 14:11, 14:13, 54:1 50:29, 54:23, 54:26, 58:23, 61:28 ambulance [1] - 21:5 arrangement [1] - 39:6 40:18, 40:22, 44:16, black [6] - 6:20, 47:26, Breen's [1] - 8:9 ambush [3] - 15:12, arrangements [4] - 25:11, 45:8, 45:18, 62:23, 55:5, 55:6, 60:11 19:16, 19:17 41:7, 65:20, 65:24 62:26, 63:19, 66:1 blacked [5] - 10:17, Bridge [1] - 59:8 America [1] - 13:9 arrest [3] - 49:8, 59:2, avoid [3] - 20:29, 29:19, 14:12, 42:9, 42:12, brief [5] - 10:3, 27:29, 34:9, 44:11, 44:12 Ammunition [1] - 22:12 61:6 29:28 62:12 briefed [3] - 12:27, 12:29, amount [2] - 11:11, 26:1 arrested [1] - 61:15 await [2] - 13:10, 38:22 Blair [3] - 19:10, 19:13, 13:17 analysis [3] - 59:17, arrival [1] - 15:3 awaited [1] - 17:9 19:18 59:18, 64:4 arrived [3] - 20:19, 60:6, aware [9] - 8:3, 8:23, Blank [1] - 61:11 briefing [2] - 27:16, 27:25 brigade [2] - 25:3, 30:23 angrily [1] - 4:27 60:22 15:30, 19:17, 34:24, blank [3] - 6:17, 11:23, bring [4] - 31:19, 32:1, Ann [1] - 51:5 art [1] - 1:24 38:11, 40:16, 41:2, 60:29 33:1, 35:3 annexes [1] - 43:5 article [5] - 7:22, 12:20, 42:24 blank] [2] - 58:4, 59:24 bringing [1] - 36:29 annotated [1] - 47:7 54:24, 58:17, 58:22 awful [1] - 41:18 blatantly [1] - 12:23 British [4] - 19:6, 19:7, anonymous [2] - 32:8, Article [1] - 18:26 blessing [1] - 12:27 34:1, 59:11 57:15 AS [3] - 1:1, 3:2, 64:2 B blocking [1] - 60:8 broaden [1] - 13:22 answer [7] - 24:22, 29:6, ascertain [1] - 49:25 Bloody [1] - 54:29 back-up [1] - 42:7 29:12, 29:26, 30:7, aspect [2] - 5:22, 28:28 blue [5] - 9:15, 10:4, 10:6, Brooklyn [1] - 37:19 background [3] - 34:10, 30:15, 30:24 aspects [1] - 18:3 59:12, 59:13 brought [1] - 32:27 35:11, 43:21 Answer [2] - 30:10, 58:26 assess [1] - 50:21 blue/black [1] - 6:21 brutal [2] - 33:8, 34:20 backwards [1] - 41:13 answering [1] - 29:4 assessed [1] - 18:4 Bob [11] - 10:30, 11:1, Buchanan [49] - 7:12, Ballymascanlon [1] - anxious [1] - 39:8 assessing [1] - 50:11 23:25, 32:5, 39:20, 8:13, 8:20, 13:6, 13:29, 60:27 14:23, 15:1, 15:4, anyway [3] - 23:5, 23:28, assessing" [1] - 50:10 42:17, 43:26, 57:18, Bandit [3] - 7:16, 12:19, 15:10, 16:30, 18:18, 58:19 assessment [2] - 38:22, 58:24, 60:5, 60:21 54:6 19:16, 19:20, 20:5, apart [1] - 31:21 48:1 bodies [5] - 26:20, 32:9, Bap' [1] - 14:24 20:7, 20:15, 20:23, apologies [3] - 39:16, assist [11] - 1:19, 1:22, 32:13, 51:8, 56:13 barbarous [1] - 31:25 20:28, 21:11, 21:12, 55:19, 62:29 4:12, 6:23, 11:12, 17:6, body [1] - 21:17 barely [1] - 51:29 22:2, 22:25, 23:17, appalled [1] - 33:7 26:2, 26:16, 42:13, bomb [1] - 22:12 barracks [1] - 15:10 23:22, 23:25, 24:19, appalling [1] - 32:21 45:29, 50:16 bombings [1] - 46:19 based [7] - 12:19, 22:16, 25:20, 27:2, 31:10, appeal [2] - 31:14, 35:1 assistance [4] - 35:14, book [10] - 3:10, 5:24, 38:7, 38:20, 39:22, 32:5, 32:13, 32:15, appealed [1] - 31:13 36:23, 44:22, 44:24 5:25, 7:16, 8:9, 12:19, 44:20, 61:22 34:22, 36:7, 37:3, appear [3] - 21:11, 25:16, Assistant [10] - 12:21, 13:19, 25:29, 54:6, basement [7] - 46:11, 38:13, 39:20, 39:27, 48:17 13:26, 13:27, 37:7, 64:21 46:20, 46:22, 46:23, 42:18, 43:27, 46:18, appeared [2] - 21:2, 37:13, 38:2, 38:3, booklet [1] - 63:13 46:28, 47:2, 47:4 47:11, 49:10, 52:22, 36:27 38:24, 38:29, 41:14 border [13] - 10:15, basis [4] - 41:15, 49:4, 56:8, 57:18, 58:24, applies [1] - 46:4 assisted [1] - 55:16 10:22, 21:11, 23:4, 50:19, 65:12 60:21, 61:4 appoint [1] - 40:5 associate [1] - 43:14 23:28, 25:11, 25:18, battalion [1] - 25:5 Buchanan's [8] - 10:30, appointed [4] - 39:5, associated [3] - 7:29, 30:22, 30:23, 30:29, battle [1] - 62:24 11:1, 25:13, 36:5, 41:1, 52:1, 52:2 44:27, 50:28 32:11, 32:12, 56:8 BCP [2] - 61:3, 61:4 51:13, 56:25, 60:5, 64:9 appreciate [3] - 4:6, 6:23, assume [1] - 12:29 Border [1] - 27:2 bear [2] - 3:21, 65:7 building [1] - 55:26 65:1 assurance [2] - 32:24, borne [1] - 15:25 beaten [1] - 15:28 bullet [1] - 55:9 appreciated [1] - 47:3 35:6 bottle [4] - 57:1, 62:26, beating [1] - 15:29 bundle [3] - 1:13, 4:10, apprehended [2] - 32:27, assure [1] - 32:30 62:28, 62:29 became [2] - 16:24, 19:8 36:28 35:9 assured [1] - 33:28 bottle.. [1] - 62:25 becomes [1] - 28:30 bundles [1] - 63:3 approach [1] - 28:1 ATO [4] - 21:17, 21:21, bottom [3] - 10:1, 10:13, BEEN [1] - 3:1 bungalow [1] - 35:29 approached [4] - 49:1, 22:9, 55:27 57:29 beg [1] - 51:17 Burmah [1] - 56:28 attach [2] - 27:20, 34:9 box [3] - 47:20, 48:17,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 3 burned [2] - 51:17, 51:19 18:9, 30:17, 39:7, 65:28 33:25, 33:29, 54:2, 40:6 Corrigan [18] - 14:9, burnt [2] - 23:4, 56:28 certification [1] - 45:27 63:18 Confidential [1] - 55:21 14:17, 15:20, 15:27, business [3] - 15:3, certify [1] - 45:13 cleared [3] - 16:21, 46:24, confidential [1] - 60:2 15:28, 16:6, 16:7, 15:23, 17:18 cetera [2] - 43:24, 51:9 55:27 confirm [1] - 28:22 19:12, 19:13, 19:14, BY [2] - 3:1, 64:2 Ch/Insp [1] - 59:23 clearing [1] - 18:14 confirmation [1] - 40:26 19:19, 23:30, 24:2, CHAIRMAN [12] - 1:3, clearly [7] - 10:2, 10:3, confirmed [2] - 21:5, 21:7 24:4, 24:12, 62:1, C 1:28, 2:4, 4:25, 48:11, 28:26, 40:29, 41:10, connection [3] - 7:25, 63:15, 65:7 63:8, 63:21, 63:28, 58:6, 63:24 14:2, 49:10 Corrigan's [1] - 65:27 C1 [1] - 7:17 64:27, 65:12, 66:4, clergy [1] - 21:26 Connolly [8] - 11:5, Cory [7] - 13:25, 17:10, C2 [4] - 37:18, 37:21, 66:10 close [1] - 21:14 11:28, 50:30, 51:2, 38:16, 40:28, 41:1, 37:26, 38:30 Chairman [21] - 1:5, 5:24, clothes [2] - 48:3, 57:6 51:3, 59:22, 62:5 41:4, 51:30 C3 [6] - 36:17, 36:19, 6:23, 10:28, 11:24, coach [1] - 11:13 conscious [1] - 41:10 Cory's [2] - 17:7, 64:7 37:18, 37:21, 37:28 14:14, 15:25, 25:25, COFFEY [2] - 65:16, 66:8 consequently [1] - 8:25 cost [1] - 8:14 cabinet/metal [1] - 46:30 27:11, 35:12, 36:27, cognisance [1] - 8:27 consider [2] - 64:8, 65:30 Coulter [1] - 57:16 cabinets [2] - 46:26, 37:5, 38:26, 53:29, cognisant [1] - 65:6 consideration [3] - 27:12, counsel [1] - 63:8 46:28 57:22, 58:19, 59:17, cold [1] - 5:14 27:20, 34:9 counterproductive [1] - call" [1] - 48:14 63:2, 63:11, 65:3, 65:16 collator [1] - 9:25 considered [1] - 18:7 28:8 Camon [1] - 22:20 Chairman's [1] - 5:22 colleagues [1] - 34:25 considering [5] - 1:26, Country [4] - 7:16, 7:21, cannot [6] - 29:26, 30:2, changed [1] - 37:24 collusion [6] - 17:11, 5:21, 8:2, 8:19, 30:28 12:19, 54:6 31:23, 38:15, 40:1, changing [1] - 30:25 18:20, 18:23, 40:28, Constable [11] - 12:22, Country' [1] - 52:4 49:15 Chaos [1] - 45:23 52:3, 58:28 13:26, 13:28, 29:12, County [4] - 32:10, 40:10, capacity [2] - 5:11, 19:8 chaos.. [1] - 45:21 coloured [2] - 57:7, 60:28 30:27, 32:5, 32:22, 40:14, 42:1 caption [1] - 6:3 chapel [1] - 56:24 Colton [2] - 11:25, 51:8 37:7, 37:14, 38:3, 39:1 coupled [1] - 8:29 car [39] - 10:30, 11:1, charge [3] - 27:24, 33:21, combination [1] - 61:28 contact [5] - 36:24, 39:5, courage [1] - 33:18 11:6, 11:23, 11:26, 61:17 coming [1] - 64:30 41:4, 44:23, 48:20 courageous [2] - 33:13, 12:9, 12:10, 12:11, charged [2] - 33:16, command [1] - 16:24 contacted [4] - 11:28, 34:24 12:14, 19:11, 20:18, 33:19 commander [1] - 19:10 21:25, 25:2, 59:10 course [11] - 1:16, 4:9, 21:3, 21:9, 21:15, check [3] - 10:14, 14:14, Commander [4] - 16:30, contain [1] - 43:15 12:20, 17:11, 20:21, 26:18, 26:22, 26:24, 56:26 21:23, 21:29, 32:16 contained [4] - 8:9, 11:7, 34:26, 41:6, 41:7, 41:8, 26:26, 26:29, 27:1, checkpoint [5] - 10:20, Commanding [1] - 42:20 12:24, 52:4 45:6, 65:6 27:5, 30:1, 32:9, 32:10, 10:22, 36:10, 36:12, commence [1] - 24:28 containing [1] - 46:25 courts [1] - 65:16 32:12, 36:7, 51:9, 52:8, 52:26 commenced [1] - 36:7 contemporaneous [2] - covered [1] - 60:11 57:7, 57:19, 60:5, Chief [49] - 5:7, 7:11, 8:8, comment [4] - 13:20, 19:28, 19:29 covering [2] - 34:6, 46:6 60:13, 60:23, 60:28, 12:21, 13:26, 13:27, 15:18, 29:10, 30:7 content [4] - 1:20, 12:30, crashed [1] - 36:8 61:26, 64:9, 64:10, 13:29, 14:23, 14:30, comments [4] - 8:17, 13:14, 41:4 created [4] - 6:26, 19:28, 64:16 15:9, 16:29, 17:2, 18:15, 28:1, 28:17 contentious [1] - 7:29 26:13, 49:13 card [1] - 56:25 18:17, 19:16, 20:8, Commissioner [4] - 38:3, contents [2] - 4:15, 19:23 crime [2] - 22:17, 55:8 care [1] - 28:12 20:10, 20:14, 20:20, 38:24, 38:29, 41:14 context [2] - 1:9, 28:5 Crime [10] - 12:22, 17:2, careful [1] - 41:11 20:22, 21:14, 22:1, commit [1] - 32:1 continually [2] - 30:16, 36:17, 37:14, 37:21, Carnbane [1] - 61:22 22:20, 23:16, 24:2, committed [1] - 44:26 35:16 37:26, 38:29, 39:3, Carrickasticken [1] - 25:17, 27:23, 29:12, common [1] - 33:8 continue [5] - 13:5, 39:13, 46:12 41:23 30:27, 31:9, 32:4, 32:5, communities [1] - 31:21 14:15, 15:13, 34:29, crimes [5] - 28:9, 32:1, carried [5] - 9:11, 18:18, 32:16, 32:22, 34:21, comparison [1] - 57:2 44:24 33:7, 33:17, 35:4 21:22, 52:4, 54:3 37:2, 37:7, 37:13, 38:3, comparisons [1] - 8:14 continuing [2] - 30:25, criminal [1] - 44:26 carry [3] - 9:13, 31:23, 39:1, 39:3, 39:12, compiled [1] - 44:18 65:4 CROSS [1] - 64:2 34:26 39:15, 39:25, 47:10, complete [2] - 30:17, conveyed [1] - 57:12 cross [3] - 9:27, 25:11, carrying [2] - 11:14, 49:24, 54:19, 54:22, 35:17 cooperation [2] - 32:25, 63:16 29:13 57:4, 59:7 completed [2] - 40:25, 35:7 cross-border [1] - 25:11 cars [8] - 10:26, 10:30, chief [1] - 39:16 40:27 coordinating [1] - 21:24 cross-examine [1] - 30:3, 59:12, 59:15, choice [1] - 31:26 compliant [1] - 18:26 cope [1] - 3:25 63:16 60:6, 60:7, 60:16 Christian [1] - 31:24 comprehensive [1] - copies [5] - 24:18, 56:7, CROSS-EXAMINED [1] - case [10] - 12:28, 23:25, church [1] - 33:4 44:19 63:18, 63:23, 64:19 64:2 29:4, 38:14, 42:30, churches [1] - 31:21 concept [1] - 30:23 Copies [1] - 45:1 cross-reference [1] - 45:14, 45:20, 46:5, CID [2] - 7:9, 12:28 concerned [2] - 15:13, coping [1] - 65:7 9:27 47:20, 64:28 cipher [1] - 7:28 34:14 copy [9] - 4:17, 4:18, crossed [1] - 56:8 Case [1] - 43:21 Cipher [2] - 35:25, 58:3 concerning [2] - 8:8, 4:21, 5:25, 6:7, 34:12, crossing [3] - 10:15, cases [2] - 5:14, 48:9 circulated [3] - 6:28, 47:10 45:5, 52:19, 58:28 10:23, 25:18 casings [1] - 55:9 6:30, 27:22 concluded [1] - 40:27 cordons [1] - 21:20 Crossmaglen [1] - 41:30 Catholic [1] - 31:22 circumstances [3] - concludes [3] - 33:23, core [1] - 40:29 crowd [2] - 27:4, 27:6 Cavalier [6] - 9:15, 10:4, 29:13, 29:27, 32:24 64:28, 64:29 Coroner's [1] - 53:12 cryptic [1] - 11:11 10:6, 20:18, 51:14, civilian [6] - 5:11, 38:9, conclusion [1] - 17:9 correct [9] - 5:6, 5:12, Cullyhanna [1] - 12:6 59:13 38:10, 39:22, 40:13, conclusions [1] - 17:8 5:19, 6:4, 10:27, 15:17, curly [2] - 6:20, 55:5 Cavaliers [1] - 48:28 40:15 condemnation [1] - 33:3 17:29, 18:1, 46:3 customs [1] - 20:24 certain [10] - 1:23, 18:24, civilised [1] - 31:17 conduct [3] - 8:1, 8:26, correctly [1] - 12:26 customs/Garda [1] - 22:3 20:30, 21:1, 29:5, 37:8, claim [1] - 31:24 9:14 correlate [1] - 3:11 cutting [2] - 8:6, 54:23 42:5, 45:29, 49:8, 50:25 clarify [1] - 30:10 [1] correspondence [2] - cycle [1] - 31:15 certainly [10] - 4:4, 4:13, conducted - 43:29 cleaned [1] - 46:23 41:13, 43:23 6:30, 7:4, 15:15, 17:21, conducting [2] - 8:22, clear [6] - 20:1, 22:18, corridors [1] - 46:27

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 4

D deployment [2] - 28:27, dispensed [1] - 20:13 Dublin/Monaghan [1] - 49:18 30:28 disposal [1] - 22:12 46:18 engaged [2] - 5:11, 46:13 D.C [1] - 54:7 deputy [2] - 21:22, 49:24 disseminated [1] - 18:8 due [3] - 8:27, 41:6, 41:8 enlisted [1] - 19:6 D.C.S [1] - 22:29 Deputy [1] - 21:29 dissemination [1] - 18:11 Dundalk [37] - 6:2, 6:7, enormous [1] - 49:6 D/C/I [1] - 54:26 derelict [4] - 35:28, distributed [1] - 44:28 6:14, 9:28, 11:5, 11:7, Enquiries [1] - 43:29 D/Chief [7] - 7:27, 7:30, 35:30, 55:26, 58:5 District [1] - 16:30 11:22, 11:26, 12:11, Enquiry [3] - 43:19, 8:5, 9:2, 12:22, 36:16, describe [1] - 42:22 disused [1] - 56:28 12:13, 12:14, 14:9, 43:24, 54:29 36:17 described [2] - 6:17, Division [1] - 21:29 14:25, 15:2, 15:8, ensure [4] - 18:26, 32:26, D/I [2] - 22:20, 24:10 57:30 Divisional [2] - 21:23, 19:14, 19:15, 19:21, 34:29, 35:8 D/Insp [1] - 59:23 description [2] - 6:14, 32:15 20:6, 20:19, 20:26, entered [1] - 25:14 D/Sergeant [1] - 35:25 9:10 docs [1] - 54:15 22:25, 24:19, 24:22, entire [1] - 25:26 D/Super [1] - 11:28 desirable [1] - 8:2 doctors [1] - 21:26 25:21, 28:23, 28:26, entirely [1] - 42:12 daily [2] - 44:10, 44:12 despite [1] - 40:2 document [30] - 3:22, 32:18, 48:21, 55:3, entirety [1] - 27:11 damaging [1] - 29:20 destination [1] - 47:17 5:26, 6:11, 7:7, 7:15, 55:17, 57:16, 57:19, entitle [1] - 53:28 Dan [1] - 6:9 destroy [1] - 33:30 9:7, 11:11, 11:30, 60:21, 60:25, 60:26 entitled [3] - 7:20, 44:30, dangerous [1] - 29:17 destroying [1] - 54:30 12:17, 16:27, 16:28, Dundalk.. [1] - 12:9 54:11 dangers [2] - 8:23, 28:28 detachment [1] - 45:2 19:27, 22:22, 26:12, Dundalk/Forkhill [1] - entry [4] - 23:8, 26:13, dark [1] - 60:28 detail [2] - 57:2, 63:16 35:13, 37:1, 37:5, 37:8, 41:24 26:21, 26:30 dark-coloured [1] - 60:28 detailed [2] - 44:4, 44:18 37:9, 38:25, 45:17, DURACK [8] - 3:4, 3:19, equally [1] - 58:8 date [2] - 17:16, 66:5 detailing [1] - 44:29 45:28, 45:30, 47:16, 4:17, 4:29, 63:23, equipment [2] - 10:19, 63:30, 64:2, 64:4 dated [27] - 12:23, 13:4, details [5] - 10:5, 14:18, 47:17, 48:7, 49:13, 58:1 13:26, 14:21, 15:19, 25:2, 39:5, 39:27 53:30 Durack [2] - 3:24, 4:26 erecting [1] - 59:9 16:3, 16:11, 16:17, Details [1] - 25:10 documentation [4] - during [6] - 14:6, 40:14, escorted [1] - 29:23 44:30, 45:6, 65:18, 16:28, 19:3, 27:19, detain [3] - 57:27, 58:8, 43:14, 53:19, 63:2, 63:5 especially [1] - 28:6 34:7, 36:25, 37:4, 38:2, 59:20 documents [27] - 1:8, 65:19 established [3] - 21:18, duties [1] - 34:26 38:5, 38:28, 39:11, Detective [18] - 5:7, 5:9, 1:12, 1:13, 1:15, 1:20, 22:13, 38:10 42:15, 44:11, 44:13, 5:10, 6:9, 11:4, 12:5, 2:2, 3:4, 3:11, 3:15, Duty [1] - 44:14 Estate [1] - 61:23 44:14, 47:18, 47:21, 17:2, 39:2, 39:12, 3:27, 4:7, 4:8, 4:15, duty [2] - 18:25, 23:16 estate [1] - 44:2 49:14, 55:17 39:15, 51:3, 51:30, 4:18, 4:19, 5:27, 5:29, estate' [1] - 46:15 Dated [2] - 14:28, 15:6 52:5, 54:19, 54:21, 25:14, 35:20, 43:17, E et [2] - 43:24, 51:9 dates [2] - 24:23, 51:25 58:3, 59:22, 62:3 46:1, 52:8, 54:8, 63:12, event [3] - 20:3, 26:12, e-mails [1] - 52:10 daunting [1] - 51:11 determine [1] - 15:15 63:13, 64:12 44:25 e-mails" [1] - 52:9 DAVID [1] - 3:1 determined [1] - 34:2 DOE [2] - 59:9, 61:22 events [3] - 19:30, 32:3, early [5] - 7:26, 9:29, David [3] - 1:6, 2:6, 51:4 device [1] - 10:18 Dolan [1] - 20:20 57:29 11:8, 11:22, 21:8 Davies [1] - 28:10 DI [1] - 23:29 Domestic.. [1] - 61:7 evidence [28] - 1:15, 2:2, easier [2] - 4:2, 49:7 days [3] - 15:24, 27:17, dialed [1] - 55:29 done [11] - 8:7, 8:10, 3:9, 3:10, 3:17, 10:28, echo [1] - 28:2 64:10 Diary [1] - 45:20 40:26, 52:8, 52:17, 15:25, 18:20, 22:5, Edenappa [9] - 15:12, dead [2] - 21:2, 62:7 diary [2] - 46:5, 54:3 52:18, 57:8, 62:19, 25:27, 29:16, 43:7, 20:29, 21:3, 21:10, deal [8] - 1:20, 7:22, died [1] - 31:11 62:20, 63:21, 65:9 49:4, 49:11, 49:17, 26:18, 27:7, 32:9, 24:15, 27:17, 48:4, difference [1] - 27:23 double [1] - 14:22 50:12, 50:14, 50:16, 55:15, 61:3 58:9, 59:5, 65:9 different [3] - 22:22, doubt [4] - 4:26, 8:25, 56:3, 57:22, 58:1, edited [2] - 17:3, 51:22 dealing [2] - 5:13, 16:28 22:28, 47:16 9:3, 33:26 58:24, 59:18, 63:3, editing [1] - 41:19 deals [6] - 6:1, 9:15, difficult [3] - 7:3, 52:30, down [6] - 10:1, 49:5, 63:12, 64:5, 64:29 effect [1] - 60:12 13:28, 39:19, 43:18, 53:2 51:2, 53:25, 57:29, 59:6 evident [1] - 8:25 effected [1] - 7:25 58:28 difficulties [1] - 4:5 Downtown [1] - 57:13 evil [1] - 34:3 effectively [4] - 13:17, dealt [2] - 1:8, 6:29 difficulty [7] - 4:4, 4:13, draft [6] - 27:18, 27:21, ex [1] - 58:24 37:13, 42:12, 53:30 Dear [1] - 13:27 4:26, 18:19, 48:15, 27:24, 29:6, 30:7, 31:3 ex-Garda [1] - 58:24 effort [1] - 46:15 death [1] - 43:26 49:6, 65:27 drafts [2] - 28:2, 28:14 exactly [4] - 55:23, 55:25, efforts [1] - 32:1 deaths [2] - 32:4, 39:25 digits [2] - 9:19, 9:22 draw [1] - 50:25 61:1, 62:28 Egan [2] - 38:2, 41:14 debrief [1] - 9:27 DILLON [12] - 1:5, 1:30, drawn [3] - 28:28, 32:28, exam [1] - 56:30 EIB [9] - 6:16, 9:15, 9:18, debt [1] - 34:28 2:6, 3:2, 3:14, 3:21, 48:18 examination [2] - 21:21, 10:4, 11:6, 11:23, 51:9, deceased [1] - 50:26 4:23, 5:2, 60:1, 63:18, draws [1] - 34:11 47:28 55:5, 61:26 December [5] - 15:21, 65:3, 65:22 drive [1] - 31:20 Examination [1] - 44:9 either [2] - 26:7, 47:5 15:24, 16:13, 42:16, Dillon [1] - 3:7 driven [1] - 51:15 examine [1] - 63:16 elsewhere [2] - 35:3, 56:12 direct [2] - 8:13, 33:17 driver [3] - 6:2, 11:29, examined [5] - 17:5, 38:7, 45:16 decent [1] - 35:2 directive [1] - 46:9 60:14 39:30, 45:14, 55:27 emanated [1] - 12:25 decent-minded [1] - 35:2 directly [2] - 8:3, 25:28 drives [2] - 57:6, 62:9 EXAMINED [2] - 3:1, 64:2 emerges [1] - 27:13 deepest [1] - 32:20 disciplinary [1] - 16:25 driving [2] - 6:16, 55:4 examining [1] - 30:29 emphasise [2] - 8:15, deeply [1] - 14:26 disclosed [4] - 4:19, Drogheda [2] - 15:22, exchange [1] - 25:21 28:17 defeat [1] - 31:27 43:11, 45:16, 61:8 16:7 exclusion [1] - 28:9 emphasised [1] - 28:15 Defensive [1] - 35:15 disclosure [1] - 13:6 Dromintee [1] - 61:12 exclusive [1] - 43:11 emphasises [1] - 28:27 definitive [1] - 7:3 Disclosure [1] - 43:7 Dromintee/Camlough [1] exercised [1] - 28:13 enable [1] - 13:18 deliberately [2] - 28:4, discovering [1] - 18:20 - 41:30 exhibits [3] - 46:10, enabled [1] - 15:11 66:4 discovery [1] - 44:10 dropped [1] - 58:4 46:27, 55:27 enclosed [4] - 43:3, demurely [1] - 5:2 discuss [2] - 20:23, 22:2 drove [3] - 60:15, 60:26, exist [2] - 8:24, 44:21 43:13, 43:17, 45:6 denial [1] - 61:24 disjointed [2] - 3:28, 62:6 existence [1] - 41:3 encouraged [1] - 44:23 denied [1] - 61:16 36:15 Dublin [1] - 11:15 expect [2] - 4:17, 33:21 end [3] - 42:16, 45:27, Department [1] - 46:13 Dublin/Belfast [1] - 41:22

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 5 expenditure [1] - 8:17 fingerprint [2] - 56:26, formal [2] - 20:13, 40:4 56:14 37:16, 37:17, 37:18, experience [2] - 13:22, 56:30 Formation [1] - 26:4 Gibson [1] - 19:22 54:19 13:24 fingerprints [3] - 52:12, formation [1] - 43:12 given [23] - 3:22, 4:17, headed [6] - 36:1, 36:2, explain [3] - 1:7, 10:9, 52:13, 52:14 former [2] - 11:25, 40:1 4:18, 6:3, 7:27, 9:13, 37:1, 37:2, 42:17, 59:15 37:4 finishes [1] - 60:18 formerly [1] - 5:4 18:6, 21:25, 28:11, headquarters [1] - 12:27 explained [3] - 1:16, Finnegan [1] - 24:10 forth [1] - 55:6 32:6, 35:6, 39:5, 40:24, Headquarters [1] - 38:4 22:10, 23:15 Finucane [1] - 8:14 forthcoming [1] - 42:10 47:19, 49:11, 52:6, health [1] - 46:22 explaining [1] - 22:11 FIP [1] - 52:11 forthwith [1] - 8:22 55:16, 56:13, 59:26, hear [1] - 58:1 explore [1] - 18:25 fire [2] - 36:9, 36:11 fortunately [1] - 10:2 61:14, 63:13, 65:10, heard [7] - 11:24, 15:26, explosives [1] - 61:12 fired [1] - 57:9 forward [2] - 27:4, 39:2 65:13 16:1, 16:2, 57:22, expressing [1] - 32:19 firmly [2] - 33:27, 38:9 forwarded [6] - 7:19, 8:4, glad [1] - 53:2 58:19, 59:18 extend [1] - 35:7 first [9] - 4:25, 22:29, 37:9, 40:5, 43:3, 47:27 gleaned [1] - 24:29 hearings [1] - 66:6 extended [1] - 32:26 23:10, 26:14, 28:4, forwarding [1] - 37:7 GO [1] - 26:16 heart [1] - 33:2 extension [1] - 61:29 29:9, 33:25, 42:21, four [6] - 36:2, 36:8, 59:8, GOC [1] - 30:27 heartbreak [1] - 31:20 extradition [1] - 11:15 52:27 60:4, 60:13, 60:14 goodbye [1] - 23:23 heavily [2] - 34:11, 34:28 extremely [2] - 1:30, firstly [1] - 7:22 Francis [3] - 16:6, 16:13, Government [2] - 33:24, held [15] - 1:9, 10:4, 29:17 fit [7] - 6:2, 6:25, 7:5, 62:1 35:7 16:20, 16:22, 20:11, 11:29, 12:2, 12:8, 66:5 Frank [4] - 15:21, 15:27, governments [1] - 34:2 20:12, 21:21, 43:25, F fitting [1] - 8:30 16:19, 51:4 graded [2] - 17:17, 17:21 44:2, 44:15, 44:19, Fitzsimons [1] - 51:3 frankly [1] - 53:1 grading [2] - 17:18, 18:6 45:1, 45:7, 45:18, 62:9 face [3] - 6:20, 13:17, five [7] - 17:28, 18:10, Friday [1] - 66:1 gradings [1] - 17:25 helicopter [1] - 51:27 55:5 18:11, 33:21, 35:29, friend [1] - 34:19 grass [1] - 35:27 help [8] - 3:24, 13:13, facilities [1] - 46:14 61:27, 64:10 friend's [1] - 35:1 grateful [2] - 2:1, 39:4 29:17, 35:3, 52:28, facsimile [1] - 6:7 fixing [1] - 66:5 friends [2] - 32:20, 34:23 greatly [3] - 11:12, 42:13, 53:24, 63:26, 65:1 fact [7] - 3:7, 20:12, flavour [1] - 5:28 front [5] - 5:24, 36:6, 47:3 helpful [2] - 28:16, 66:2 52:19, 58:17, 64:19, flowchart [1] - 50:24 37:6, 37:8, 57:20 green [1] - 60:24 hence [1] - 18:19 65:6, 65:24 flowing [1] - 51:2 fueling [1] - 29:20 grey [2] - 11:6, 11:23 Hermon [1] - 24:3 factored [1] - 65:23 focus [4] - 28:8, 53:21, full [11] - 17:8, 17:10, guard [5] - 51:4, 51:5 hesitate [1] - 36:23 factors [2] - 8:28, 9:3 54:1 21:21, 21:26, 30:26, guards [3] - 6:7, 6:12, HET [1] - 43:24 facts [2] - 30:26, 32:6 focused [1] - 53:6 31:29, 33:10, 33:28, 23:3 Hiace [1] - 51:15 fair [4] - 6:18, 26:1, 37:25, focused.. [1] - 53:7 57:19, 58:27, 60:23 guess [1] - 6:18 highlighting [1] - 14:13 48:1 focusing [1] - 25:27 fully [2] - 4:14, 40:3 guidance [1] - 43:7 hill [2] - 60:7, 60:9 fairly [1] - 11:11 folders [1] - 4:19 Fulton [6] - 14:5, 18:29, gunmen [6] - 36:9, 41:27, himself [2] - 14:4, 32:15 Falcon" [1] - 26:9 follow [4] - 4:2, 21:6, 19:3, 19:25, 50:11, 55:26, 60:14, 60:15, historical [1] - 64:23 familiar [2] - 1:24, 60:1 21:19, 21:20 50:13 62:9 Historical [2] - 43:19, families [2] - 8:20, 21:24 follow-up [2] - 21:6, furthering [1] - 9:4 gunshot [1] - 21:15 43:23 family [8] - 8:7, 13:6, 21:19 Furthermore [1] - 43:13 history [1] - 57:26 21:26, 52:11, 54:23, followed [6] - 57:20, furthermore [1] - 8:27 H HM [3] - 43:25, 44:2, 54:26 57:24, 60:10, 64:9, Fusiliers [3] - 25:6, 26:5, 44:25 far [4] - 1:19, 15:15, 28:6, hair [2] - 6:20, 55:5 64:14, 64:15 26:6 HMD [1] - 4:7 63:24 half [3] - 14:12, 31:12, Following [1] - 61:6 futile [1] - 13:3 HMG [3] - 3:7, 4:10, 4:11 fatal [1] - 55:22 59:12 following [8] - 16:18, future [2] - 35:19, 42:10 hmm [12] - 14:19, 15:17, father [1] - 55:28 35:26, 40:7, 41:22, halted [2] - 60:6, 60:13 24:8, 25:9, 27:9, 37:11, fax [5] - 6:6, 24:18, 24:22, 44:19, 45:5, 55:22, 60:3 G Hamill [1] - 46:17 37:27, 39:10, 47:23, hand [1] - 32:23 55:17, 55:30 following.. [1] - 45:18 49:19, 51:1, 57:17 handlers [1] - 14:8 February [3] - 16:28, FOLLOWS [3] - 1:1, 3:2, game [1] - 28:18 HOBC2 [1] - 37:14 handling [1] - 41:11 51:24, 56:10 64:2 gang [1] - 42:2 hold [1] - 40:17 [1] hands [1] - 30:19 fed - 6:27 follows [20] - 7:18, 13:30, garage [1] - 21:4 holding [1] - 65:18 [2] handwriting [4] - 22:22, feet - 4:27, 5:2 14:21, 14:22, 17:1, Garage [1] - 56:29 holiday [1] - 23:10 51:12, 53:28, 54:2 Fein [2] - 16:20, 16:25 17:3, 19:4, 20:4, 27:19, Garda [40] - 6:14, 11:23, HOLMES [1] - 40:22 happy [1] - 25:17 felt [1] - 7:2 29:3, 31:4, 33:23, 14:8, 15:8, 17:6, 18:20, home [3] - 24:1, 56:17, female [2] - 15:7, 15:13 34:18, 35:15, 36:18, 20:24, 21:7, 21:19, hard [1] - 3:11 61:29 Hardy [1] - 14:24 fight [1] - 33:27 38:4, 39:20, 43:21, 22:19, 22:23, 22:30, home" [1] - 56:18 23:2, 24:11, 25:16, harmful [1] - 28:16 figures [1] - 11:6 46:11, 54:5 honest [1] - 48:16 25:19, 28:14, 32:17, Harnden [9] - 7:16, 7:21, file [10] - 9:28, 45:8, for.. [2] - 56:15, 61:6 honourable [2] - 34:19, 45:14, 45:18, 45:20, force [1] - 6:26 36:22, 38:10, 39:24, 8:22, 12:26, 13:17, 35:1 40:5, 40:9, 40:13, 54:5, 54:7, 54:17, 64:21 46:5, 48:8, 48:17, forced [1] - 21:9 hopes [1] - 7:30 58:28, 59:4 40:14, 40:17, 40:18, Harnden" [1] - 54:28 Forces [3] - 43:25, 44:2, horrible [1] - 28:6 files [8] - 3:26, 38:6, 40:1, 47:19, 49:1, 50:29, Harnden's [1] - 8:9 44:26 horrific [1] - 28:9 40:22, 46:10, 46:25, 55:4, 55:17, 56:2, Harry [8] - 32:4, 32:16, forces [8] - 9:18, 13:18, horror [1] - 33:8 46:26 57:19, 58:24, 58:27, 39:20, 39:26, 42:17, 28:12, 30:29, 31:30, hostages [1] - 16:15 filing [3] - 46:25, 46:28, 58:28, 59:2, 60:22 43:26, 50:28, 58:23 33:10, 39:7, 54:15 hotel [1] - 15:21 46:30 garda [1] - 51:7 Harte [1] - 59:23 fore [1] - 61:22 Hotel [1] - 16:6 final [1] - 34:13 Garda-RUC [1] - 25:16 HAVING [1] - 3:1 forensic [3] - 21:22, hour [1] - 59:12 finally [1] - 25:23 Gardaí [5] - 12:13, 12:14, HB297 [1] - 10:4 52:14, 52:16 hours [9] - 20:8, 20:10, Finbarr [1] - 62:8 19:13, 38:11, 62:7 Head [5] - 7:9, 7:17, Forkhill [1] - 59:7 20:16, 20:19, 20:26, gathered [2] - 44:30, 45:6 findings [3] - 22:30, form [4] - 9:28, 11:15, 36:16, 37:18, 38:30 20:30, 48:21, 51:21 50:22, 51:30 43:15, 46:9 gentleman [2] - 51:7, head [6] - 21:14, 21:15,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 6 house [10] - 21:4, 32:19, 16:4, 16:12, 16:18 17:22, 18:4, 18:22, 28:24, 33:5, 34:1, 35:6, kidnapping [1] - 16:13 32:28, 35:28, 36:3, individual [13] - 3:26, 7:6, 18:26, 24:29, 25:8, 54:25 kill [1] - 41:26 55:14, 55:15 10:7, 10:17, 14:4, 36:19, 38:7, 38:18, island [3] - 31:18, 33:6, killings [3] - 31:7, 31:15, House [12] - 31:26, 32:22, 15:16, 19:11, 21:1, 38:23, 39:21, 39:30, 34:2 32:24 32:30, 33:2, 33:5, 42:4, 49:3, 49:9, 51:15 40:2, 40:17, 40:18, islands [1] - 34:28 Kilnasaggart [2] - 36:12, 33:12, 33:15, 33:23, individuals [2] - 37:8, 40:30, 41:3, 41:5, 41:8, issue [3] - 6:1, 8:3, 17:5 59:8 34:20, 34:23, 34:30, 48:4 41:15, 52:23 issues [6] - 7:29, 36:22, kin [1] - 8:29 38:4 Industrial [1] - 61:23 Intelligence [7] - 14:28, 39:29, 40:27, 40:29, kind [1] - 28:15 HQ [1] - 43:12 ineffective [1] - 30:23 15:6, 16:3, 16:11, 19:7, 41:11 King [2] - 27:17, 62:8 HQNI [1] - 44:9 info [2] - 60:17, 61:8 36:16, 37:28 it.. [1] - 27:8 king [1] - 28:15 human [1] - 1:12 informal [1] - 20:11 intelligence.. [1] - 52:17 items [1] - 47:4 Kirwan [1] - 22:21 husband [1] - 56:14 informally [1] - 25:15 intend [2] - 25:27, 47:2 itself [3] - 31:16, 44:21, kit [1] - 28:25 Information [2] - 45:5, intended [1] - 62:27 47:21 Knocknagoney [6] - I 59:23 interest [1] - 26:26 7:17, 37:18, 38:4, information [45] - 8:8, interpretation [2] - 38:17, J 46:11, 46:21, 47:11 idea [2] - 20:3, 64:11 9:16, 9:17, 11:24, 38:21 knowing [1] - 4:11 identified [6] - 15:16, jacket [1] - 6:20 14:29, 19:15, 22:24, interrogated [1] - 15:23 knowledge [3] - 45:14, 32:14, 44:26, 48:24, jacket.. [1] - 55:6 25:4, 28:27, 28:30, interrogation [1] - 16:5 62:4, 64:13 48:25, 61:27 James [1] - 39:26 29:10, 29:18, 35:26, interview [9] - 7:25, 8:1, known [6] - 14:25, 20:28, identify [2] - 7:6, 15:13 36:21, 38:14, 39:2, 12:5, 13:8, 24:7, 28:3, January [5] - 15:6, 47:18, 29:19, 29:27, 30:26, identity [1] - 21:8 40:19, 42:29, 43:3, 41:26, 58:10, 62:10 47:22, 47:25, 56:11 36:13 Illegal [1] - 52:26 jargon [1] - 26:1 43:13, 43:15, 43:18, interviewed [7] - 13:9, known' [1] - 39:27 illegal [2] - 36:10, 36:11 43:25, 43:30, 44:1, 22:19, 48:29, 54:6, Joe [1] - 41:14 illegible [1] - 47:26 44:2, 44:4, 44:17, 54:16, 58:21, 62:6 John [4] - 20:20, 20:21, L illness [1] - 65:7 44:18, 44:19, 44:21, interviewing [1] - 8:24 24:3, 50:29 image [1] - 6:28 45:1, 45:7, 47:8, 49:22, interviews [1] - 8:22 joined [1] - 61:9 Lady [1] - 19:22 imagine [1] - 65:25 50:8, 50:11, 55:21, introduced [1] - 19:13 joint [2] - 28:20, 59:2 landmine [1] - 61:12 immediately [1] - 29:19 57:12, 58:12, 58:14, introduces [1] - 6:6 Jonesboro [10] - 15:12, largely [1] - 12:19 IMPERIAL [2] - 42:18, 58:25, 60:2, 61:17, introducing [1] - 5:16 27:18, 28:7, 32:10, last [20] - 1:10, 1:16, 3:9, 43:28 64:17 inventory [1] - 52:17 43:28, 51:29, 55:15, 4:11, 9:19, 9:22, 10:29, Imperial [4] - 47:20, information.. [1] - 21:27 investigate [3] - 13:5, 56:14, 60:7, 60:9 16:17, 22:10, 24:3, 53:29, 54:12, 64:18 informed [1] - 49:17 16:9, 22:16 Jordan's [1] - 55:26 28:3, 28:16, 30:21, Imperial' [3] - 42:26, informing [1] - 32:8 investigated [1] - 40:3 Joseph [2] - 19:10, 19:18 50:20, 53:2, 53:24, 42:28, 48:6 infrequently [1] - 20:12 investigating [1] - 40:1 Josephine [1] - 51:3 53:30, 55:29, 58:18, 59:19 implication [1] - 18:23 initial [2] - 47:29, 48:7 investigation [16] - 7:4, journalistic [1] - 58:11 implications [1] - 30:28 initiated [2] - 44:4, 46:24 13:4, 16:25, 17:7, journalists [1] - 8:24 lastly [1] - 62:20 important [4] - 3:23, 5:28, innocent [1] - 33:11 18:27, 22:15, 22:20, journals [1] - 25:13 late [5] - 7:8, 9:5, 12:18, 33:9, 63:23 inquest [1] - 59:4 24:9, 32:23, 38:16, Judge [2] - 40:28, 64:6 14:6, 19:9 impression [1] - 28:11 inquire [1] - 14:1 38:19, 40:28, 41:9, judge [1] - 19:30 latest [1] - 33:8 inadequate [1] - 30:22 inquiries [8] - 9:4, 9:14, 52:3, 59:1, 65:4 July [1] - 48:7 latter [1] - 18:22 inappropriate [1] - 31:1 15:13, 16:22, 38:23, investigation" [1] - 58:30 jumped [1] - 60:13 lead [1] - 46:23 Incident [1] - 6:8 40:6, 44:17, 46:16 investigations [5] - 8:12, jumper [1] - 6:21 leaders [2] - 31:21, 33:4 incident [9] - 21:7, 29:28, Inquiries [2] - 8:15, 46:12 8:18, 9:1, 12:28, 41:5 junction [2] - 27:7, 60:27 leading [1] - 16:14 30:18, 30:26, 44:8, inquiring [2] - 1:22, 19:30 investigators' [1] - 7:1 June [5] - 1:14, 36:21, leak [1] - 39:25 44:20, 44:27, 51:24, inquiry [18] - 8:28, 13:28, involved [14] - 8:2, 8:28, 39:11, 59:2, 63:4 leaked [1] - 29:11 58:13 14:3, 16:20, 17:10, 9:3, 14:26, 16:5, 16:8, jurisdiction [1] - 13:10 leap [2] - 4:27, 5:2 incidents [1] - 35:19 17:12, 18:19, 25:28, 16:14, 36:13, 40:29, justice [5] - 17:7, 32:2, learned [1] - 35:18 included [3] - 21:19, 29:13, 30:10, 30:16, 41:29, 42:6, 42:9, 32:27, 33:1, 35:5 learnt [2] - 29:28, 30:17 25:26, 45:7 35:17, 38:7, 44:22, 61:11, 61:14 Justice [2] - 17:10, 19:22 least [1] - 28:10 including [3] - 13:1, 44:30, 45:6, 47:29, involvement [6] - 1:21, justification [1] - 31:25 leather [2] - 6:20, 55:6 13:14, 33:17 64:23 5:20, 6:24, 25:1, 38:9, leave [8] - 3:30, 8:25, 9:3, inconvenience [1] - 66:4 inquiry" [1] - 53:14 38:11 K 10:11, 11:16, 27:10, incorrect [2] - 17:30, insofar [1] - 48:18 involving [1] - 38:12 28:21, 65:12 keep [1] - 28:29 38:15 Inspector [19] - 6:9, 7:27, IRA [18] - 7:21, 15:28, leaving [2] - 15:10, 36:2 incumbent [1] - 8:20 7:30, 8:5, 9:2, 12:23, 19:9, 19:10, 19:15, keep.. [1] - 53:18 led [2] - 39:25, 46:22 incurred [1] - 8:17 36:17, 39:3, 39:15, 19:20, 22:24, 24:11, kept [1] - 30:24 left [11] - 20:14, 20:16, indeed [10] - 6:26, 8:11, 39:16, 51:4, 52:5, 24:12, 29:11, 41:21, Kevin [11] - 7:23, 8:10, 20:26, 33:1, 35:30, 9:24, 12:30, 15:26, 54:21, 54:22, 57:5, 41:24, 41:29, 42:2, 14:5, 18:29, 19:3, 53:5, 57:19, 57:20, 17:24, 33:5, 51:19, 59:7, 60:20, 62:3, 64:15 51:19, 57:8, 58:25, 62:1 19:25, 50:11, 50:13, 59:12, 60:22, 60:23 59:18, 65:26 instead [1] - 44:1 Ireland [24] - 8:1, 13:26, 54:24, 58:10, 58:14 Legal [3] - 42:19, 42:21, Indeed [1] - 13:14 instruction [1] - 57:30 30:3, 31:7, 31:11, KIB [9] - 20:18, 21:6, 42:30 independent [2] - 1:25, insufficient [1] - 57:2 31:14, 31:17, 31:18, 51:13, 56:30, 60:5, legible [4] - 51:29, 52:27, 5:17 intelligence [37] - 14:1, 31:29, 33:5, 33:6, 60:10, 60:12, 60:14, 53:28, 63:24 60:21 index [3] - 10:5, 10:9 14:17, 14:20, 14:21, 33:26, 34:3, 34:20, legitimate [1] - 15:2 kidnap [4] - 24:11, 41:26, indicate [2] - 21:9, 22:23 14:24, 14:29, 15:7, 34:27, 35:2, 38:8, 39:8, lengthy [1] - 25:25 52:24, 52:25 indicated [5] - 7:26, 15:19, 15:20, 16:4, 39:23, 44:3, 44:11, Leo [3] - 11:25, 51:8, 14:24, 14:29, 15:7, 64:9 16:12, 16:17, 16:18, 44:13, 44:14, 59:10 kidnapped [2] - 24:12, 57:15 62:1 indicates [4] - 15:20, 17:7, 17:15, 17:21, Irish [7] - 7:23, 28:13, lessons [3] - 29:27,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 7

30:17, 35:17 mains [1] - 49:12 meet [1] - 23:21 13:4, 26:21 33:26, 34:28, 49:13, letter [12] - 13:25, 17:20, major [4] - 16:8, 20:24, meeting [19] - 11:15, minutes [1] - 60:5 65:22 17:26, 17:27, 36:15, 22:3, 22:15 11:16, 20:6, 20:9, Mira" [1] - 53:23 Myers [8] - 7:23, 7:26, 36:21, 36:27, 38:1, majority [2] - 30:2, 33:7 20:11, 20:12, 20:25, MIRIAM [4] - 21:18, 8:10, 8:22, 54:24, 38:5, 38:28, 42:15, 53:6 male [2] - 14:24, 51:23 24:24, 25:19, 25:22, 22:13, 22:14, 22:15 58:10, 58:14, 58:20 letter" [1] - 52:16 males [1] - 21:3 28:23, 29:23, 32:17, mirror [1] - 60:12 Myers' [1] - 12:20 letters [1] - 17:26 man [2] - 6:14, 55:3 38:12, 48:21, 51:22, miscellaneous [1] - liaise [3] - 40:6, 41:1, Manager [4] - 17:2, 36:17, 59:2 46:26 N 41:8 39:3, 39:13 Meetings [1] - 25:15 misery [1] - 31:20 name [6] - 10:16, 17:2, liaising [1] - 39:6 manager's [1] - 10:14 meetings [7] - 20:13, mistaken [3] - 5:13, 52:6, 55:23, 56:13, 60:4 liaison [1] - 54:26 manner [1] - 9:4 24:23, 25:11, 38:11, 10:18, 11:30 named [5] - 14:9, 42:4, Liaison [2] - 39:4, 46:12 March [44] - 6:15, 7:14, 39:24, 40:16 mixing [1] - 61:11 49:3, 51:15, 57:30 lies [1] - 27:23 7:24, 9:29, 10:16, Meigh [1] - 59:15 MOD [3] - 43:26, 44:3, names [9] - 42:8, 42:9, life [1] - 16:19 11:22, 12:11, 12:15, member [10] - 1:18, 5:4, 44:20 50:25, 51:7, 51:21, lifts [1] - 56:30 14:21, 14:28, 15:12, 15:9, 18:16, 19:8, Moira [1] - 26:23 53:5, 55:16, 61:14, light [4] - 17:20, 30:25, 19:28, 20:30, 21:22, 19:12, 19:18, 22:24, moles [1] - 28:14 62:12 65:24, 65:26 22:26, 24:20, 24:24, 44:25, 64:10 Molloy [1] - 51:5 naming [1] - 57:15 likely [1] - 50:12 25:3, 25:4, 25:7, 25:19, members [9] - 12:5, moment [2] - 4:26, 13:2 nature [2] - 30:25, 40:24 Limavady [2] - 57:5, 57:7 26:13, 27:19, 34:8, 16:14, 16:23, 16:24, Monaghan [1] - 24:23 near [1] - 43:27 line [12] - 24:3, 25:1, 40:14, 43:27, 44:12, 28:12, 41:7, 42:2, 42:6, Monday [4] - 20:30, necessarily [3] - 3:24, 25:3, 27:1, 27:29, 44:13, 44:15, 48:22, 47:4 43:22, 47:2, 65:29 4:8, 4:12 28:23, 28:24, 34:9, 49:3, 51:18, 51:23, Memorandum [1] - 37:2 monitored [4] - 49:21, necessary [5] - 5:27, 34:17, 44:22, 53:12, 54:25, 55:17, 55:18, men [20] - 15:22, 15:23, 49:22, 50:15, 50:16 35:18, 37:29, 43:4, 53:24 55:19, 56:9, 56:24, 32:18, 33:29, 34:23, Monsignor [1] - 54:17 47:26 lines [2] - 8:28, 29:6 57:13, 58:21, 60:20, 34:24, 35:29, 36:3, month [1] - 65:17 necessity [1] - 59:26 linked [2] - 38:6, 51:24 64:10 36:12, 41:21, 41:26, months [2] - 8:12, 19:6 neck [2] - 6:21 links [1] - 50:25 mark [1] - 46:30 41:28, 41:29, 58:2, moral [1] - 31:25 58:4, 59:9, 59:11, 60:6, need [4] - 24:15, 30:30, list [4] - 40:13, 43:5, marked [2] - 10:3, 47:20 moreover [1] - 8:23 60:13, 62:7 35:21, 48:4 47:27, 59:3 marks [2] - 56:27, 56:28 Morgan's [1] - 35:29 mention [2] - 15:18, 22:5 needn't [1] - 57:27 listed [1] - 45:15 Martin [1] - 62:10 morning [5] - 1:3, 24:19, mentioned [3] - 42:8, needs [1] - 48:18 Liteace [6] - 23:2, 23:3, masked [1] - 60:13 25:22, 27:22, 28:17 62:29, 64:4 negate [1] - 18:22 23:4, 51:16, 51:17, masks [1] - 60:16 most [2] - 10:13, 31:15 mercifully [1] - 52:21 negative [2] - 44:7, 59:11 60:10 material [19] - 10:7, motorcar [2] - 6:16, 55:4 merely [1] - 28:15 Nelson [2] - 8:15, 46:17 local [3] - 25:4, 32:12, 12:24, 12:30, 13:14, mounted [3] - 15:22, network [2] - 13:2, 13:16 55:16 14:1, 14:17, 27:25, message [7] - 9:28, 20:8, 20:25, 22:4 57:4, 58:3, 59:6, 62:4, never [2] - 15:16, 33:9 locals [1] - 55:28 34:11, 38:19, 44:29, Mourne [5] - 17:1, 36:18, nevertheless [1] - 17:9 locate [1] - 46:15 45:5, 45:15, 46:16, 62:8 39:4, 39:13, 39:17 47:10, 47:27, 54:18, messages [4] - 24:18, new [4] - 4:8, 4:20, 28:30, located [2] - 32:10, 48:17 move [3] - 47:2, 49:5, 33:24, 57:15, 62:3 30:23 location [2] - 39:23, 61:10, 61:18 62:14 material" [1] - 47:9 met [3] - 20:15, 20:20, New [1] - 56:29 46:20 moved [1] - 27:5 matter [10] - 1:11, 6:6, 44:6 Newry [12] - 10:6, 16:30, locations [1] - 46:2 movements [4] - 10:30, metal [1] - 46:26 20:2, 20:15, 20:16, locker [1] - 46:30 6:25, 11:8, 13:13, 14:30, 29:11, 58:25 30:11, 38:18, 40:7, metres [2] - 26:22, 27:5 23:21, 36:17, 39:3, lockers [2] - 46:26, 46:28 MR [24] - 1:5, 1:30, 2:6, 63:25, 65:16 microfiche [1] - 44:16 39:13, 39:16, 60:22, log [1] - 55:8 3:2, 3:4, 3:14, 3:19, matters [14] - 1:21, 1:25, might [13] - 1:22, 4:6, 60:27 logged [1] - 10:15 3:21, 4:17, 4:23, 4:29, News [1] - 57:13 logs [2] - 25:26, 27:10 4:14, 5:17, 5:20, 5:21, 10:30, 13:13, 18:30, 5:2, 59:29, 60:1, 63:11, 7:25, 8:2, 10:13, 31:1, 20:4, 26:1, 29:5, 32:29, Newsnight [1] - 28:3 look [2] - 60:11, 64:21 63:18, 63:23, 63:30, 39:19, 40:3, 40:8, 40:23 35:14, 47:24, 65:28, newspaper [2] - 8:6, look-back [1] - 64:21 64:2, 64:4, 65:3, 65:16, MAY [1] - 1:1 65:30 54:23 looks [1] - 53:23 65:22, 66:8 Maynard [4] - 7:8, 9:5, Mike [1] - 24:10 Newtownards [1] - 23:26 Lord [1] - 19:22 Mullaghbown [1] - 56:24 12:18, 13:11 military [8] - 10:18, 12:30, next [58] - 6:6, 7:7, 8:29, Louth [2] - 40:10, 40:14 murder [11] - 8:9, 8:13, McBurney [7] - 7:8, 9:5, 21:7, 24:27, 24:30, 9:7, 10:12, 11:4, 11:11, Louth/Monaghan [1] - 14:22, 14:26, 18:17, 12:18, 13:11, 13:21, 25:2, 44:20 11:18, 12:4, 12:17, 21:20 19:22, 28:4, 42:17, 22:29, 52:1 Military [5] - 42:20, 43:8, 13:25, 14:11, 14:20, Lucozade [3] - 57:1, 53:21, 61:13, 64:11 McConville [7] - 1:6, 44:8, 45:13, 45:30 14:28, 15:19, 16:27, 62:28, 62:29 murder.. [1] - 33:20 1:14, 1:18, 2:6, 3:1, 5:3, Mill [2] - 23:11, 23:13 18:29, 19:27, 22:9, lunch [1] - 23:28 Murders [1] - 37:2 64:30 Mills [1] - 53:25 22:18, 22:28, 23:8, lying [1] - 21:15 murders [24] - 7:11, 24:9, 24:27, 24:30, McConville's [1] - 1:17 mind [3] - 22:10, 27:15, 13:28, 16:29, 27:18, 25:10, 25:25, 26:21, McEvoy [1] - 62:10 65:8 28:7, 28:28, 29:14, M 26:30, 29:22, 29:30, McGeough's [1] - 21:4 minded [1] - 35:2 31:8, 31:19, 33:3, 33:8, 30:6, 30:13, 34:5, mails [1] - 52:10 McMorrow [1] - 51:5 mindful [1] - 65:6 33:17, 34:21, 39:19, 34:16, 35:24, 36:15, mails" [1] - 52:9 mean [1] - 26:10 mindless [1] - 31:15 39:22, 40:10, 40:17, 37:1, 38:1, 38:28, main [9] - 20:17, 20:29, means [6] - 6:18, 18:24, minimal [1] - 25:1 40:19, 40:24, 41:2, 39:11, 41:18, 42:11, 41:22, 41:24, 41:25, 21:10, 27:26, 45:9, Minister [1] - 34:17 46:16, 47:10, 49:10, 42:15, 45:4, 46:8, 42:4, 54:1, 60:26 61:30 Minister's [2] - 27:30, 58:23 46:20, 47:15, 48:6, Mains [6] - 23:9, 23:15, meantime [2] - 28:29, 34:10 Murphy [2] - 20:25, 22:4 50:23, 51:28, 53:15, 24:7, 25:16, 50:28, 29:19 minor [1] - 30:9 Murray [2] - 51:4, 54:17 53:27, 56:5, 65:13, 66:5 61:29 measures [1] - 30:30 minute [4] - 7:10, 12:17, must [6] - 24:11, 33:25,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 8

Nial [1] - 28:10 observation [1] - 10:14 28:23, 36:9, 59:29, 55:20, 57:12 pended [1] - 50:21 night [1] - 28:16 observed [2] - 21:2, 59:9 65:18 Page [1] - 62:2 people [18] - 6:28, 11:14, night) [1] - 28:3 obtain [3] - 10:16, 24:18, opened [5] - 1:10, 16:27, page [73] - 5:25, 5:26, 26:23, 27:6, 31:10, nil [1] - 45:9 49:2 35:21, 38:25, 46:29 6:1, 6:6, 6:7, 6:11, 31:14, 33:11, 33:19, nil" [1] - 45:9 obtained [10] - 14:30, opening [1] - 48:8 10:12, 11:18, 11:19, 33:25, 35:2, 42:5, no.. [1] - 56:26 15:2, 22:23, 25:4, operates [1] - 10:25 11:21, 12:1, 12:4, 51:21, 53:5, 59:3, 60:1, Nolan [6] - 20:10, 20:21, 25:11, 25:12, 25:14, Operation [2] - 53:29, 16:27, 18:29, 19:29, 62:13, 65:20, 65:25 48:21, 49:24, 50:5, 49:12, 49:23, 54:13 64:18 21:30, 22:9, 22:18, per [1] - 21:1 50:29 obtaining [1] - 54:18 operation [11] - 20:24, 23:9, 24:9, 24:15, performed [2] - 25:3, none [2] - 5:23, 45:11 obvious [2] - 12:24, 21:6, 21:17, 21:19, 24:17, 24:22, 24:30, 25:7 nonetheless [1] - 5:28 65:23 22:3, 22:6, 24:27, 25:10, 25:13, 26:2, perhaps [1] - 7:6 north [5] - 21:10, 23:4, obviously [6] - 8:1, 24:30, 41:24, 41:29, 26:7, 26:30, 27:15, period [1] - 8:11 26:22, 32:11, 36:5 13:20, 30:30, 37:23, 42:5 30:13, 31:3, 34:6, permission [2] - 31:6, Northern [21] - 8:1, 13:26, 50:6, 63:11 operational [1] - 44:10 35:14, 35:24, 36:15, 43:12 30:3, 31:7, 31:11, occasion [8] - 1:10, 1:16, Operational [1] - 54:11 37:1, 38:1, 42:15, perpetrate [1] - 31:18 31:14, 31:17, 31:29, 9:22, 10:29, 19:9, operations [3] - 21:19, 43:16, 43:17, 45:17, perpetrators [1] - 35:4 33:4, 33:26, 34:19, 22:10, 57:23, 59:19 44:11, 44:12 46:4, 46:5, 46:8, 47:15, person [11] - 12:8, 15:2, 34:27, 35:2, 35:8, 38:8, occasions [3] - 11:2, Operative [1] - 44:9 47:18, 48:6, 48:19, 27:4, 49:2, 49:3, 55:21, 39:8, 44:3, 44:11, 31:13, 33:24 opinion [1] - 18:17 51:13, 51:28, 52:19, 55:23, 60:2, 60:3, 44:13, 44:14, 59:10 occupants [2] - 51:23, opportunity [2] - 7:26, 52:21, 52:22, 53:2, 60:17, 62:4 northern [1] - 32:26 60:7 33:12 53:29, 56:5, 56:6, 57:1, person's [1] - 21:4 northwards [1] - 59:15 occurred [1] - 43:27 opposite [3] - 35:28, 59:22, 61:11, 61:20, personal [3] - 8:30, 61:26, 62:8, 62:14, notably [1] - 50:26 OF [1] - 1:1 56:2, 60:24 34:22, 65:16 62:16, 62:18 note [9] - 27:16, 33:15, offence [1] - 44:26 option [1] - 65:18 personally [2] - 16:1, pages [13] - 3:29, 3:30, 34:10, 35:11, 37:13, offered [2] - 1:30, 2:1 or.. [1] - 63:28 32:18 7:9, 14:20, 25:28, 47:7, 54:3, 57:18, 58:6 office [5] - 10:14, 37:16, orange [1] - 57:7 personnel [2] - 54:15, 25:29, 34:5, 34:16, notebook [3] - 23:8, 42:23, 47:5, 61:29 order [8] - 4:1, 30:14, 57:4 39:12, 41:20, 42:11, 54:11, 64:20 Office [4] - 42:19, 42:20, 33:1, 34:5, 50:21, 53:8, persons [3] - 12:5, 42:9, 48:1 noted [2] - 14:3, 40:28 42:22, 42:30 53:10, 53:11 60:8 panicked [1] - 41:27 Notes [1] - 35:15 officer [5] - 9:13, 14:8, ordinary [1] - 4:9 pertaining [1] - 14:17 paper [2] - 22:16, 56:25 notes [2] - 28:2, 29:3 22:12, 22:25, 40:5 organised [2] - 39:23, pertinent [2] - 10:13, paper-based [1] - 22:16 notes.. [1] - 54:30 Officer [4] - 14:17, 23:10, 40:16 26:14 papers [7] - 1:9, 7:19, nothing [7] - 4:3, 19:21, 39:4, 42:21 original [4] - 4:10, 49:7, Peter [1] - 13:25 15:16, 36:28, 46:15, 24:24, 32:30, 40:21, Officers [2] - 19:20, 44:14 52:28, 58:6 phone [5] - 15:8, 15:11, 46:27, 63:5 56:23, 62:14 officers [16] - 8:26, 15:11, originally [1] - 4:19 23:17, 25:20, 56:1 paperwork [1] - 46:10 notice [2] - 29:24, 38:23 20:16, 20:26, 21:16, originator [1] - 43:13 phoned [2] - 20:5, 24:1 paragraph [1] - 64:7 notification [2] - 65:10, 25:16, 29:23, 30:3, otherwise [3] - 38:21, photo [7] - 6:2, 6:25, 7:5, 65:13 31:9, 38:12, 40:1, 46:30, 65:19 pardon [1] - 51:17 10:16, 11:29, 12:2, 12:8 Park [2] - 26:23, 27:7 notify [1] - 65:5 41:21, 50:26, 50:29, ourselves [4] - 58:8, photo-fit [6] - 6:2, 6:25, parked [3] - 21:3, 26:18, November [4] - 12:18, 57:9, 61:13 59:20, 59:25 7:5, 11:29, 12:2, 12:8 60:23 12:23, 13:4, 36:25 officers' [3] - 21:9, 21:24, outcome [3] - 38:22, photocopy [1] - 47:14 part [4] - 31:24, 42:7, number [28] - 1:11, 4:18, 29:11 41:6, 41:9 photofit [1] - 55:3 64:23, 65:22 6:16, 6:30, 11:1, 11:7, official [4] - 12:25, 34:14, outlined [3] - 8:5, 36:20, photographs [2] - 13:1, 16:14, 16:23, 17:20, 54:7, 54:8 54:22 particular [14] - 4:3, 4:5, 13:15 4:13, 6:24, 9:27, 10:6, 17:27, 21:1, 21:6, OK [6] - 42:29, 45:12, outrage [2] - 32:21, 33:30 photos [1] - 54:15 10:20, 14:7, 15:29, 21:23, 26:14, 27:1, 45:27, 52:19, 56:28, outset [1] - 63:18 picked [1] - 36:2 31:8, 35:5, 38:12, 42:3 29:6, 33:16, 36:12, 59:1 outside [2] - 43:12, 55:3 piece [1] - 56:25 particulars [1] - 21:28 38:6, 39:29, 42:8, old [4] - 6:17, 55:5, 57:7, outstanding [1] - 33:13 PIRA [17] - 14:30, 15:9, parties [7] - 1:23, 4:14, 45:12, 47:19, 48:16, 63:5 overreaction [1] - 30:18 15:20, 15:23, 16:4, 5:4, 65:5, 65:10, 65:30, 60:29, 60:30, 61:29 Omeath/Newry [1] - oversight [1] - 1:12 16:8, 16:12, 16:14, 66:5 Number [1] - 6:5 41:23 overtaken [1] - 36:6 16:19, 16:22, 18:16, party [2] - 4:6, 42:6 numbered [1] - 3:29 ON [1] - 1:1 overview [1] - 58:15 18:21, 19:19, 22:24, pass [2] - 22:24, 23:5 numbers [10] - 3:8, 3:22, once [2] - 30:26, 31:28 overwhelming [2] - 33:3, 39:25, 57:6, 61:9 passage [3] - 10:19, 4:10, 4:11, 10:26, One [1] - 24:22 33:6 PIRA's [1] - 64:10 22:29, 25:25 17:26, 17:27, 21:4, one [23] - 1:5, 9:13, Owen [11] - 14:9, 14:17, PIRA/Sinn [2] - 16:20, passages [2] - 13:18, 56:26, 61:28 13:13, 13:16, 14:28, 15:20, 15:27, 15:28, 16:25 54:1 numerous [1] - 8:19 15:6, 17:19, 17:20, 16:5, 16:13, 19:12, pitfalls [1] - 8:24 passed [3] - 20:8, 58:24, Nurse [1] - 56:13 17:26, 17:27, 19:9, 24:4, 24:12, 62:1 place [8] - 19:18, 31:16, 60:12 22:22, 24:23, 26:14, own [8] - 4:10, 20:14, 41:25, 49:15, 54:6, passing [2] - 15:18, 19:14 O 26:22, 27:4, 41:25, 28:18, 34:22, 36:19, 60:4, 60:18, 64:21 passion [1] - 28:5 41:27, 41:29, 59:29, 65:22, 65:24, 65:26 plain [2] - 31:23, 57:6 O'CALLAGHAN [2] - past [3] - 10:19, 26:24, 63:25, 64:8 owned [1] - 56:22 planned [1] - 18:18 59:29, 63:11 62:6 ones [3] - 3:16, 4:20, 36:9 owners [1] - 46:29 planner [1] - 42:4 O'Callaghan [1] - 63:9 patently [1] - 8:25 onus [1] - 8:29 plans [1] - 65:26 O'Hanlon [2] - 55:28, Patrick [4] - 19:10, 19:18, OP [2] - 42:18, 43:28 plastic [1] - 60:11 62:9 P 62:8, 62:9 op [1] - 59:2 play [1] - 28:15 objective [1] - 41:25 p.m [7] - 6:15, 32:7, pattern [1] - 20:29 Op [2] - 42:25, 47:20 plays [2] - 28:18, 30:19 obliged [2] - 3:7, 66:8 32:11, 35:27, 36:3, pay [1] - 33:13 open [6] - 5:26, 6:21, point [4] - 3:23, 17:14,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 9

17:25, 28:15 42:22, 42:30 55:19, 56:21, 58:18, 19:1, 37:12 59:24, 59:25 pointed [1] - 1:11 produced [2] - 3:5, 45:30 61:30 recorded [3] - 9:20, 9:23, repeats [2] - 35:12, 35:20 pointless [1] - 63:25 production [3] - 45:2, quoted [1] - 8:16 40:22 reply [1] - 36:22 points [2] - 8:15, 43:6 45:8, 45:18 quoting [1] - 27:23 recording [1] - 10:19 Report [1] - 44:14 police [12] - 6:26, 7:5, professional [1] - 34:24 records [2] - 40:9, 40:12 report [29] - 7:10, 7:19, 8:19, 9:17, 21:7, 29:10, professionalism [1] - R recovered [1] - 44:5 8:5, 11:4, 12:17, 12:22, 30:2, 33:21, 39:7, 44:6, 33:18 recovery [1] - 21:17 17:8, 18:14, 20:1, 20:2, R212 [1] - 26:15 61:8 progress [1] - 8:12 recruited [1] - 19:7 32:6, 35:24, 36:20, Radio [1] - 57:13 Police [8] - 38:3, 38:8, project [1] - 9:1 red [6] - 20:18, 21:3, 39:2, 39:11, 40:30, radio [1] - 58:1 39:7, 43:2, 43:8, 44:8, promoted [1] - 23:22 26:18, 26:22, 26:29, 41:18, 42:30, 44:18, RAF [1] - 51:27 45:13, 46:1 promotion [1] - 23:26 27:1 44:27, 45:7, 47:19, railway [1] - 25:1 policeman [1] - 57:6 proper [1] - 65:13 redaction [1] - 43:15 47:21, 54:19, 54:22, Railways [1] - 59:11 policemen [1] - 28:5 property [1] - 16:8 redress [1] - 4:4 56:15, 58:27, 62:3, 64:7 raise [2] - 36:23, 63:26 policy [3] - 30:14, 30:15, propose [3] - 7:29, 9:2, refer [5] - 4:7, 7:19, 17:4, reported [4] - 21:1, 22:30, 35:16 35:11 raised [1] - 7:25 38:5, 38:25 49:27, 50:2 range [1] - 21:14 politicians [1] - 33:4 protecting [1] - 33:11 reference [17] - 1:23, reports [6] - 8:4, 14:7, rank [2] - 5:7, 48:25 posed [1] - 8:11 protection [2] - 25:1, 25:3 5:22, 9:27, 14:22, 17:4, 21:8, 43:9, 64:8 rarely [1] - 25:18 position [7] - 1:17, 1:20, protest [1] - 11:16 24:11, 38:6, 42:25, Reports [1] - 43:2 rather [5] - 13:9, 25:25, 1:22, 3:15, 7:3, 26:2, Protestant [1] - 31:22 45:12, 47:19, 48:16, representations [1] - 34:1, 63:15, 63:25 26:19 provenance [1] - 17:22 51:14, 53:5, 58:9, 8:19 Raymond [1] - 54:17 positive [1] - 21:8 provide [1] - 49:4 58:27, 59:1, 59:4, 64:6 represents [1] - 63:4 RD [1] - 6:18 possession [1] - 14:16 provided [8] - 4:20, 14:7, references [1] - 42:29 Republic [2] - 33:5, 39:23 possible [6] - 4:23, 27:28, 27:26, 36:20, 43:5, re [11] - 9:28, 10:4, 11:29, referred [3] - 3:6, 58:13, request [7] - 12:4, 17:5, 32:25, 34:29, 35:7, 43:29, 44:3, 44:24 23:10, 23:29, 24:2, 64:12 40:4, 42:30, 43:18, 44:1 42:17, 53:19, 54:17, 54:27 Provisional [3] - 19:9, refers [10] - 3:9, 14:4, requested [3] - 10:3, possibly [4] - 11:6, 11:23, 19:15, 19:19 58:25, 59:8 18:12, 43:28, 43:29, 43:30, 44:1 reached [2] - 14:18, 60:9 17:28, 28:20 Provisional's [1] - 64:16 45:17, 48:3, 49:14, requesting [1] - 43:25 reacted [1] - 14:13 post [1] - 51:25 prudent [2] - 9:4, 13:9 51:27 requests [1] - 48:8 read [19] - 3:9, 12:12, post-dates [1] - 51:25 précis [3] - 14:20, 16:17, refused [3] - 55:23, 60:3, require [2] - 40:26, 41:11 posting [1] - 19:7 43:6 14:12, 14:15, 18:30, 62:6 required [5] - 44:16, 19:1, 19:23, 35:13, preferable [1] - 3:30 PSF [1] - 16:22 reg [1] - 6:16 44:23, 45:2, 45:8, 45:19 47:14, 48:18, 49:7, preliminary [2] - 20:1, PSNI [10] - 1:18, 5:5, regard [1] - 8:10 requisite [1] - 49:22 50:20, 52:20, 52:21, 46:21 5:11, 38:28, 41:5, regarding [2] - 14:8, residents [1] - 55:16 55:6, 58:6, 62:3, 64:5 Prenty [1] - 6:9 42:18, 43:24, 43:28, 43:26 resolve [4] - 4:5, 4:14, reading [4] - 17:29, prepare [1] - 12:8 43:30, 44:24 regards [1] - 31:16 33:26, 33:30 48:15, 49:6, 64:19 prepared [2] - 3:10, 27:16 public [4] - 8:16, 17:8, Regiment [2] - 42:20, resourcing [1] - 8:14 ready [2] - 65:5, 65:9 preplanned [1] - 21:18 28:27, 46:16 42:22 respect [10] - 7:20, 8:16, reaffirmed [1] - 36:19 present [5] - 8:12, 32:6, Public [1] - 46:12 Region [1] - 7:9 8:17, 14:30, 39:21, really [8] - 5:26, 27:12, 55:21, 60:2, 60:4 publication [2] - 7:20, region [2] - 39:14, 39:17 40:6, 41:2, 45:26, 49:9, 28:12, 37:6, 56:23, presentation [1] - 3:28 12:24 Regional [1] - 7:8 55:1 57:27, 62:14, 62:27 presented [1] - 4:1 published [3] - 7:23, registered [1] - 10:6 respectfully [1] - 40:4 realms [1] - 32:29 presumably [3] - 11:24, 12:21, 54:24 registration [6] - 9:18, response [1] - 21:24 rear [1] - 60:13 24:6, 45:11 pulled [2] - 35:27, 60:12 10:26, 21:6, 60:28, responsible [5] - 16:12, reason [4] - 24:28, 28:24, presume [4] - 11:15, pulse [1] - 56:17 60:29, 60:30 32:27, 33:1, 35:8, 39:24 56:7, 65:23 42:25, 43:8, 53:4 purely [1] - 31:12 reinforce [1] - 35:1 rest [3] - 6:16, 34:27, reasonable [1] - 12:29 prevent [2] - 30:18, 35:18 purpose [1] - 27:10 reintroduce [1] - 5:3 47:15 reasons [1] - 30:4 preventative [1] - 57:9 purposes [1] - 7:1 related [1] - 8:3 result [4] - 7:15, 10:1, recalled [1] - 43:22 Prevention [1] - 61:16 pursue [1] - 13:3 relating [3] - 27:18, 31:11, 33:18 receipt [2] - 17:15, 39:21 previous [5] - 17:4, pursued [1] - 7:30 44:21, 46:16 resulted [4] - 12:2, 17:11, received [11] - 6:26, 8:6, 25:10, 26:7, 31:13, put [11] - 1:15, 2:2, 3:16, relation [8] - 3:4, 22:19, 44:10, 61:13 14:29, 15:29, 23:25, 33:24 4:8, 10:28, 12:1, 32:23, 25:18, 38:15, 40:19, resulting [1] - 16:21 32:8, 35:25, 36:22, previously [4] - 7:20, 8:4, 56:3, 61:21, 63:3, 63:12 58:12, 58:23, 64:20 results [1] - 44:7 43:23, 47:25, 55:22 41:1, 64:5 puts [1] - 50:25 relatives [2] - 32:20, resume [1] - 65:5 recent [5] - 18:15, 28:9, priest [1] - 56:17 puzzling [1] - 17:19 34:23 RESUMED [1] - 1:1 31:7, 33:17, 39:21 priest" [1] - 56:16 released [4] - 15:24, retired [2] - 1:18, 5:7 recently [2] - 22:5, 49:14 Prime [3] - 27:29, 34:10, Q 16:15, 61:17, 62:2 return [2] - 13:10, 42:30 34:17 recess [1] - 65:17 relevant [4] - 13:18, returned [2] - 20:7, 36:1 recognise [1] - 6:29 print [1] - 10:2 questioned [2] - 8:7, 25:28, 38:6, 44:17 returning [1] - 32:17 recognised [1] - 15:4 private [3] - 20:18, 34:7, 58:22 reliable [1] - 17:22 reveal [1] - 10:6 65:4 Questioned [1] - 61:16 recognition [1] - 10:25 remainder [1] - 51:11 revelations [1] - 8:10 recommend [4] - 48:28, privilege [1] - 58:11 questioning [2] - 8:26, remember [4] - 9:19, reverse [4] - 21:12, 34:5, 49:11, 49:23, 50:13 privileged.. [1] - 43:9 62:13 12:26, 34:3, 37:23 36:8, 60:14 Recommendation [3] - privy [1] - 13:21 questions [5] - 4:29, remove [1] - 47:5 review [12] - 5:17, 30:14, 48:22, 49:11, 49:23 probing [1] - 17:6 8:11, 29:6, 63:8, 64:27 removed" [1] - 55:12 30:16, 30:24, 35:16, questions.. [1] - 63:6 recommendation [3] - problems [1] - 47:6 Renault [2] - 51:14, 62:9 46:22, 49:13, 50:17, quickly [1] - 27:6 49:1, 49:8, 50:8 proceed [1] - 41:5 repeat [1] - 11:18 50:19, 50:21, 53:8, quite [9] - 43:1, 45:9, recommended [1] - 17:10 Process [3] - 42:19, repeated [1] - 62:17 53:21 47:28, 48:15, 49:13, record [4] - 10:4, 18:30, repeating [3] - 1:17, Reviewing [1] - 48:9

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 10 revised [1] - 27:20 21:21, 44:8, 55:16, set [7] - 4:8, 14:20, 28:4, sorry [12] - 17:24, 19:29, stations [3] - 40:10, revisited [1] - 11:9 55:22, 55:28, 57:2, 29:23, 39:8, 42:2, 59:17 39:16, 42:19, 48:27, 40:14, 46:14 rid [1] - 34:2 59:12, 60:3, 62:5, 62:6, sets [2] - 43:16, 50:24 51:17, 54:22, 55:19, statistics [1] - 27:24 rifles [1] - 60:6 62:9 setting [1] - 20:29 56:17, 60:29, 65:29 steering [1] - 21:13 ring [1] - 61:29 Schedule [1] - 45:4 seven [1] - 58:2 sort [5] - 14:12, 37:5, steps [3] - 11:25, 30:17, rites [1] - 55:29 schedule [2] - 44:29, shall [2] - 27:28, 28:29 39:6, 42:23, 50:24 35:18 RMP [1] - 43:8 45:15 share [1] - 33:7 sorts [1] - 24:6 still [2] - 17:9, 26:5 road [11] - 10:22, 20:17, scouting [1] - 42:7 sheet [6] - 24:17, 34:6, sought/available [1] - stolen [4] - 12:10, 12:11, 20:29, 30:9, 36:4, screen [1] - 12:1 37:6, 37:8, 46:6, 55:8 40:9 12:14, 56:23 36:12, 59:9, 60:8, seal [1] - 21:20 Sheet [3] - 9:8, 9:10, sound [1] - 60:1 stop [2] - 21:9, 31:15 60:12, 60:26, 60:27 Seapark [1] - 46:13 17:16 source [1] - 58:1 stopped [3] - 36:4, 36:6, Road [15] - 15:12, 20:29, search [3] - 44:4, 44:6, Sheridan [1] - 51:4 sourced [2] - 13:1, 13:15 60:15 21:3, 21:10, 26:19, 55:15 shirt [1] - 6:21 sources [2] - 12:25, 40:18 stopping [1] - 11:13 32:9, 41:22, 41:23, searched [1] - 46:20 shooting [7] - 41:21, south [7] - 16:4, 16:19, storage [1] - 46:14 41:24, 55:15, 56:29, searches [3] - 44:19, 41:25, 42:6, 55:22, 18:16, 32:9, 36:1, 36:2, store [1] - 47:11 59:8, 59:9, 61:3 46:14, 46:24 57:27, 60:4, 62:4 60:10 stored [2] - 47:4, 53:19 Road/Bayview [1] - 27:7 searching [1] - 8:11 short [5] - 29:24, 36:1, South [2] - 7:9, 7:21 storing [1] - 46:10 roadblock [1] - 57:8 second [5] - 3:21, 20:12, 43:4, 63:28, 63:30 southbound [1] - 36:4 Strict [1] - 57:30 roads [1] - 41:22 21:30, 27:1, 33:29 shot [3] - 21:13, 41:28, southern [3] - 20:24, struck [1] - 28:2 Robert [3] - 27:2, 39:26, secret [1] - 61:18 60:14 22:3, 35:28 stuck [1] - 56:25 46:17 Secretariat [1] - 28:19 shred [2] - 29:15, 31:24 Speaker [1] - 31:6 subject [5] - 9:27, 16:24, role [1] - 9:1 secretariat [1] - 28:20 sic [2] - 20:20, 57:16 Special [6] - 12:30, 14:6, 17:4, 38:18, 40:30 Room [1] - 6:8 secretary [1] - 34:7 side [4] - 26:23, 35:29, 14:8, 19:12, 49:26, subjected [1] - 43:14 room [1] - 18:9 Secretary [14] - 8:16, 50:6, 60:7 49:27 submissions [1] - 63:14 Rosemary [1] - 46:17 27:16, 27:21, 28:3, sides [1] - 21:21 specific [8] - 12:28, submitted [2] - 25:26, round [3] - 6:18, 6:20, 28:8, 28:29, 29:4, 29:9, sight [2] - 26:29, 26:30 24:28, 32:3, 44:1, 27:11 55:5 30:13, 30:21, 31:3, sign [2] - 26:18, 61:20 44:22, 47:8, 58:12, submitting [1] - 27:28 route [1] - 20:27 34:7, 34:13, 34:19 signature [2] - 19:24, 58:14 subsequent [1] - 61:12 royal [1] - 25:6 sectarian [2] - 28:6, 31:13 47:25 specifically [1] - 40:7 subsequently [3] - 5:10, Royal [7] - 26:5, 26:6, secure [1] - 28:24 signed [5] - 7:7, 9:5, speculate [5] - 29:14, 15:23, 32:14 42:20, 43:8, 44:7, security [12] - 13:2, 13:11, 34:14, 38:24 29:26, 30:2, 30:11, 31:1 substantiate [1] - 29:16 45:13, 45:30 13:15, 13:18, 28:12, significant [1] - 33:15 speculation [4] - 28:16, success [1] - 33:14 RRF [1] - 26:4 30:4, 30:14, 30:22, signs [2] - 59:9, 61:24 28:18, 32:29, 33:20 suggest [6] - 13:5, 18:16, RRF.. [1] - 25:5 30:24, 30:28, 31:30, SIL [1] - 27:26 speedily [1] - 8:21 28:11, 30:7, 40:23, 46:1 RUC [28] - 1:9, 6:12, 6:26, 33:10, 35:16 SIL.. [1] - 27:26 spend [1] - 35:21 Suggested [1] - 30:10 14:6, 15:15, 21:18, Security [4] - 30:15, Silverbridge [2] - 49:9, spoken [1] - 40:1 suggested [10] - 13:4, 25:16, 28:22, 29:1, 37:21, 38:30, 54:15 51:24 spot [1] - 6:29 29:7, 29:12, 29:22, 29:19, 30:10, 30:16, see [11] - 6:28, 11:29, similar [5] - 29:28, 30:18, Sprucefield [1] - 43:24 29:26, 29:30, 30:15, 31:8, 32:6, 32:7, 34:25, 12:22, 18:2, 24:2, 26:4, 40:2, 45:17, 45:27 Staff [1] - 23:9 30:21, 30:24, 34:16 35:3, 35:17, 38:12, 26:18, 41:8, 52:30, simply [2] - 9:18, 17:25 staff [4] - 36:19, 37:9, suggestion [2] - 42:3, 39:24, 40:16, 41:21, 53:25, 58:1 single [1] - 5:26 46:9, 47:4 50:4 41:28, 50:6, 59:2, 59:7, seek [1] - 4:4 Siochana [5] - 17:6, stage [8] - 12:21, 20:22, summarise [1] - 48:19 59:23, 61:13 selected [1] - 3:27 32:17, 36:22, 40:5, 49:1 21:16, 22:1, 29:15, summary [5] - 43:3, 43:4, RUC/PSNI [1] - 63:5 senior [7] - 7:1, 16:23, sitting [3] - 65:13, 65:18, 31:1, 36:5, 43:30 43:13, 43:18, 44:5 rugby [2] - 23:13, 23:15 16:24, 18:15, 19:10, 65:30 stand [2] - 1:7, 33:27 Sunday [1] - 54:29 rumour [1] - 32:29 25:15, 31:8 situated [1] - 46:27 starting [3] - 6:1, 46:5, superintendent [1] - rumours [1] - 29:20 sense [2] - 4:25, 43:1 situation [2] - 36:8, 65:28 65:29 32:12 sensitive [3] - 8:28, six [1] - 60:15 starts [2] - 49:16, 49:17 Superintendent [78] - S 41:10, 43:15 Sixth [2] - 42:19, 42:22 state [2] - 3:25, 20:27 5:8, 5:9, 5:10, 7:11, 8:8, Sensitive [1] - 45:4 skill [1] - 33:18 State [12] - 8:16, 27:16, 11:5, 13:29, 14:23, sacrifices [1] - 34:30 sent [6] - 6:8, 6:25, 24:18, skipping [1] - 43:1 28:3, 28:8, 28:29, 29:4, 15:1, 15:9, 15:10, safety [1] - 46:22 24:22, 47:16, 55:30 sleeper [2] - 10:5, 10:9 29:9, 30:13, 30:21, 16:29, 17:2, 18:17, salient [1] - 43:6 sentence [1] - 50:20 slightly [2] - 17:19, 27:20 31:4, 34:7, 34:19 18:18, 19:16, 19:17, saliva [2] - 62:21, 62:22 separately [1] - 27:28 slipped [1] - 62:27 State's [2] - 27:21, 34:13 20:5, 20:6, 20:7, 20:9, sample [1] - 62:23 September [8] - 13:27, slumped [1] - 21:13 statement [12] - 18:29, 20:10, 20:14, 20:15, Santa [1] - 53:23 19:3, 38:2, 38:5, 38:29, Smithwick [1] - 49:12 19:3, 19:23, 27:18, 20:20, 20:22, 20:23, sat [1] - 24:10 40:11, 43:22, 47:3 smuggling [1] - 23:11 27:21, 29:5, 31:3, 31:6, 20:28, 21:11, 21:12, satisfied [2] - 40:2, 62:7 Sergeant [8] - 11:25, 34:13, 49:2, 56:19, 62:6 sniper [1] - 54:12 21:14, 21:23, 22:1, satisfy [1] - 38:20 19:19, 23:9, 23:14, Statements [1] - 43:3 22:2, 22:20, 23:16, so-called [2] - 5:13, 42:2 Saturday [1] - 56:24 25:16, 51:8, 57:16, 58:4 states [2] - 18:15, 60:3 24:19, 25:13, 25:17, society [2] - 31:16, 31:24 savage [1] - 15:29 series [1] - 62:12 stating [1] - 39:22 25:20, 31:9, 32:4, 32:5, SOCO [2] - 55:11, 55:27 Saville [1] - 54:27 Serious [1] - 37:26 Station [8] - 6:15, 11:6, 32:13, 32:15, 32:16, soldiers [1] - 55:1 saw [7] - 11:26, 36:28, serious [3] - 22:17, 11:26, 15:2, 15:8, 34:21, 34:22, 36:16, someone [1] - 37:6 49:2, 51:8, 52:27, 33:16, 55:8 22:26, 57:19, 60:22 37:3, 39:13, 39:26, sometimes [1] - 20:28 60:28, 62:7 serve [1] - 31:19 station [6] - 19:21, 20:3, 47:10, 47:11, 48:20, somewhat [3] - 36:15, SB [1] - 25:1 Service [6] - 38:8, 39:7, 48:21, 49:24, 49:25, 45:17, 51:11 20:14, 21:18, 55:4, 56:2 scam [2] - 15:22, 16:8 43:2, 59:10, 61:22 stationed [2] - 14:9, 50:4, 50:5, 51:2, 51:3, soon [1] - 27:28 scene [13] - 21:5, 21:8, serving [1] - 44:25 19:14 51:13, 52:1, 54:19,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 11

59:22, 60:27, 61:4, 62:5 31:11, 31:28, 35:4 4:13, 5:4, 9:17, 49:12, unused [2] - 44:29 VRN [1] - 10:4 Superintendent's [1] - terrorists [3] - 29:17, 49:15, 49:20, 50:13, Unused [1] - 45:4 20:18 30:19, 33:16 50:14, 50:22, 65:4, unusual [1] - 30:4 W Superintendent) [1] - terrorists' [1] - 28:18 65:18 up [19] - 9:16, 12:1, waiting [1] - 53:14 27:2 test [2] - 62:21, 62:22 tribute [1] - 33:13 15:28, 18:14, 20:2, walking [1] - 26:24 Superintendents [1] - tested [1] - 50:12 tried [3] - 21:12, 24:18, 21:6, 21:19, 21:20, warrant [1] - 56:25 46:18 THE [4] - 1:1, 64:2, 66:12 60:14 23:26, 28:15, 29:24, WAS [2] - 3:1, 64:2 supervisor [1] - 61:22 themselves [2] - 29:18, triggered [1] - 15:11 36:2, 39:8, 42:7, 58:6, supplementaries [3] - 38:20 true [2] - 19:23, 60:17 59:27, 61:21, 61:24, Washington [1] - 54:7 27:25, 27:29, 29:3 THEN [1] - 66:12 truth [1] - 62:7 66:1 Water [2] - 59:10, 61:22 supplementary [1] - 3:16 then.. [1] - 61:1 try [2] - 4:13, 66:5 update.. [1] - 53:17 ways [1] - 6:30 supplied [4] - 34:12, therefore [7] - 13:3, trying [1] - 3:8 updating [1] - 53:21 weapon [1] - 55:9 38:8, 50:9, 50:11 13:16, 23:22, 31:28, Tuesday [2] - 60:20, 66:1 used.. [1] - 56:20 weapons [2] - 49:9, 57:26 supply [1] - 40:13 33:2, 33:9, 35:5 Tullydonnell [1] - 56:29 useful [3] - 24:29, 25:4, week [2] - 41:25, 65:28 support [5] - 21:25, third [2] - 15:6, 25:2 turn [2] - 32:3, 46:23 25:8 welcome [2] - 32:24, 35:5 31:30, 33:10, 33:28, Thomas [1] - 51:5 turned [2] - 61:2, 61:3 utterly [1] - 33:7 welfare [1] - 21:25 34:29 thorough [2] - 29:13, turns [4] - 51:28, 53:1, western [1] - 26:22 Support [1] - 46:13 32:23 56:23, 62:14 V wheel [1] - 21:13 Supt [2] - 20:7, 56:7 threat [3] - 16:20, 30:26, two [48] - 8:26, 9:19, Whit [2] - 65:19, 65:25 v-neck [1] - 6:21 surprised [1] - 40:24 33:30 9:22, 12:4, 14:20, white [6] - 35:27, 36:6, v2 [1] - 10:5 surveillance [1] - 64:8 three [2] - 51:23, 60:6 15:11, 15:22, 15:23, 51:15, 58:4, 60:10, 62:5 vacation [3] - 65:19, survey [1] - 46:21 throw [1] - 17:20 15:24, 15:27, 16:15, whole [2] - 31:18, 32:19 65:25 suspect [4] - 6:2, 9:28, thwart [1] - 31:27 17:27, 17:28, 21:2, wholehearted [1] - 31:30 vain [1] - 34:30 11:21, 21:20 Tiernan [8] - 15:21, 24:18, 25:22, 25:27, wife [1] - 56:14 Valley [1] - 16:6 suspects [1] - 59:3 15:28, 16:6, 16:7, 26:20, 28:1, 28:5, willing [1] - 7:28 value [2] - 13:17, 38:21 suspending [1] - 65:30 16:13, 16:19, 16:21, 29:22, 31:8, 31:20, window [1] - 60:11 van [20] - 23:3, 23:4, suspicious [2] - 59:8, 62:2 32:9, 32:13, 32:18, wish [9] - 7:22, 29:14, 35:27, 35:29, 35:30, 60:28 Tierney [5] - 25:21, 49:25, 33:24, 34:16, 36:2, 30:7, 30:11, 31:6, 36:1, 36:6, 36:9, 51:15, suspiciously [3] - 6:14, 50:5, 51:6, 51:7 36:3, 36:10, 39:6, 32:28, 34:12, 63:8, 51:16, 56:20, 56:21, 11:7, 55:3 to.. [1] - 52:23 41:21, 41:26, 50:26, 65:27 56:28, 58:4, 58:5, SWORN [1] - 3:1 Toby [4] - 7:16, 7:21, 50:29, 51:7, 51:21, wished [2] - 20:23, 22:2 60:11, 60:12, 60:14, sympathy [2] - 32:20, 12:26, 54:5 53:10, 53:11, 55:28, witness [8] - 1:5, 2:1, 4:2, 62:5 34:22 today [7] - 1:5, 3:28, 56:7, 57:15, 59:12, 49:2, 57:29, 63:16, van.. [1] - 23:2 synopsis [1] - 24:6 17:12, 20:5, 33:21, 60:6, 60:15, 61:13, 62:7 63:26, 64:27 various [4] - 3:10, 14:7, system [3] - 6:27, 22:16, 34:20, 65:3 type [2] - 20:11, 57:7 WITNESS [1] - 64:2 18:3, 46:2 25:14 together [4] - 23:21, typed [2] - 58:6, 59:27 Witness [2] - 7:27, 28:17 vast [1] - 30:2 30:27, 34:25, 63:3 typo [1] - 17:28 witness's [2] - 3:9, 64:29 Vauxhall [5] - 11:6, Tom [3] - 11:5, 27:17, witnessed [1] - 12:8 T 11:23, 36:5, 48:25, 50:30 U women [1] - 34:25 48:27 tabs [1] - 3:10 took [6] - 19:18, 54:6, wonder [1] - 65:17 ultimately [2] - 17:11, VCP [1] - 36:10 taking.. [1] - 26:25 55:27, 60:4, 60:18, word [2] - 53:15, 58:18 31:27 vehicle [16] - 6:2, 9:15, talks [1] - 60:20 64:21 words [1] - 1:24 unarmed [1] - 21:17 9:28, 10:5, 10:9, 10:15, Taoiseach [2] - 32:25, top [4] - 6:3, 26:4, 50:26, works [1] - 15:7 unceasing [1] - 32:1 10:25, 11:21, 11:30, 35:6 60:9 worry [4] - 42:11, 53:27, under [6] - 5:17, 16:20, 21:13, 32:14, 36:10, targeting [1] - 57:6 totally [1] - 1:25 61:19, 61:23 30:16, 30:24, 35:16, 48:23, 51:18, 52:26 task [2] - 9:10, 33:11 towards [4] - 23:26, worthwhile [1] - 1:17 61:15 vehicles [2] - 10:19, tasked [3] - 21:5, 21:17, 59:15, 60:9, 61:3 worthy [1] - 36:28 underneath [1] - 53:12 61:27 40:19 trace [3] - 49:8, 53:21, wounds [1] - 21:15 understandably [1] - Vehicles [1] - 51:13 Team [2] - 43:19, 43:24 55:29 Wright [1] - 46:17 28:13 vengeful [1] - 10:17 team [10] - 1:8, 7:4, traced [2] - 48:28, 56:13 write [2] - 13:18, 58:17 undone [1] - 33:1 Vengeful [4] - 10:29, 22:15, 38:20, 41:1, tracing [4] - 10:29, 53:8, writes [2] - 13:14, 27:19 undoubtedly [1] - 3:28 59:17, 59:18, 64:4 41:4, 41:7, 42:7, 46:12, 53:10, 53:11 writing [6] - 14:1, 22:28, undue [1] - 65:27 Vengeful' [1] - 10:14 64:23 traffic [1] - 36:4 22:29, 48:19, 49:6, 53:2 unequivocal [1] - 33:3 version [3] - 27:21, 34:13, technical [2] - 6:5, 22:12 training [2] - 23:14, 23:15 written [10] - 7:14, 7:21, unfortunate [1] - 3:25 58:7 Telecom [1] - 59:11 transmitted [1] - 6:12 10:3, 17:1, 20:2, 38:30, unfortunately [3] - 12:12, via [5] - 13:1, 13:15, telephone [4] - 21:1, transport [1] - 60:16 39:12, 42:18, 52:28, 47:14, 51:29 20:17, 23:11, 23:13 32:8, 40:9, 40:12 travel [2] - 23:21, 30:3 54:24 Unit [1] - 26:4 vicinity [2] - 11:1, 24:27 Telephone [1] - 48:13 travelled [1] - 20:17 wrote [6] - 22:18, 41:15, unit [6] - 41:29, 43:12, vicious [2] - 31:15, 31:19 telephoned [3] - 19:19, travelling [6] - 20:27, 58:14, 58:16, 58:17, 44:23, 46:30, 49:29, victims [1] - 31:12 22:24, 56:14 29:30, 30:9, 60:9, 64:21 49:30 view [3] - 17:5, 57:19, ten [1] - 33:19 60:10, 61:4 tends [1] - 18:22 unknown [4] - 15:7, 15:8, 60:24 trawl [1] - 48:26 Y 39:23, 53:16 viewing [1] - 44:16 terminated [1] - 20:26 trawl" [1] - 48:27 unless [1] - 46:29 violence [4] - 28:5, 28:6, yards [2] - 21:10, 32:11 terms [6] - 1:23, 5:22, treating [1] - 38:17 unmarked [2] - 30:1, 30:3 31:12, 33:29 year [4] - 20:13, 28:6, 15:15, 18:3, 59:27 trial [1] - 54:12 unofficially [1] - 54:18 visible [1] - 60:8 31:10, 33:19 terrorism [2] - 33:27, 34:3 TRIBUNAL [2] - 1:1, unofficially.. [1] - 54:13 visiting [1] - 15:2 years [2] - 6:17, 55:5 Terrorism [1] - 61:16 66:12 unqualified [1] - 33:28 Volvo [1] - 59:13 yes.. [1] - 18:5 terrorist [4] - 30:25, Tribunal [13] - 1:8, 4:4,

Doyle Court Reporters Ltd. Smithwick Tribunal - 15 May 2012 - Day 99 12 yesterday [4] - 32:3, 32:7, 34:21, 35:6 yesterday's [1] - 31:8 yourself [1] - 59:19

Doyle Court Reporters Ltd.