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APPEARANCES the Sole Member: His Honour Judge Peter Smithwick

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APPEARANCES the Sole Member: His Honour Judge Peter Smithwick A P P E A R A N C E S The Sole Member: His Honour Judge Peter Smithwick For the Tribunal: Mrs. Mary Laverty, SC Mr. Justin Dillon, SC Mr. Dara Hayes, BL Mr. Fintan Valentine, BL Instructed by: Jane McKevitt Solicitor For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC Mr. Michael Durack, SC Mr. Gareth Baker, BL Instructed by: Mary Cummins CSSO For Owen Corrigan: Mr. Jim O'Callaghan, SC Mr. Darren Lehane, BL Instructed by: Fintan Lawlor Lawlor Partners Solicitors For Leo Colton: Mr. Paul Callan, SC Mr. Eamon Coffey, BL Instructed by: Dermot Lavery Solicitors For Finbarr Hickey: Fionnuala O'Sullivan, BL Instructed by: James MacGuill & Co. For the Attorney General: Ms. Nuala Butler, SC Mr. Douglas Clarke, SC Instructed by: CSSO For Freddie Scappaticci: Niall Mooney, BL Pauline O'Hare Instructed by: Michael Flanigan Solicitor For Kevin Fulton: Mr. Neil Rafferty, QC Instructed by: John McAtamney Solicitor For Breen Family: Mr. John McBurney For Buchanan Family/ Heather Currie: Ernie Waterworth McCartan Turkington Breen Solicitors NOTICE: A WORD INDEX IS PROVIDED AT THE BACK OF THIS TRANSCRIPT. THIS IS A USEFUL INDEXING SYSTEM, WHICH ALLOWS YOU TO QUICKLY SEE THE WORDS USED IN THE TRANSCRIPT, WHERE THEY OCCUR AND HOW OFTEN. EXAMPLE: - DOYLE [2] 30:28 45:17 THE WORD “DOYLE” OCCURS TWICE PAGE 30, LINE 28 PAGE 45, LINE 17 I N D E X Witness Page No. Line No. KEVIN FULTON CROSS-EXAMINED BY MR. DURACK 1 10 CROSS-EXAMINED BY MR. O'ROURKE 34 2 CROSS-EXAMINED BY MS. MULVENNA 76 18 EXAMINED BY MR. RAFFERTY 86 28 RE-EXAMINED BY MRS. LAVERTY 107 15 Smithwick Tribunal - 16 December 2011 - Day 68 1 1 THE TRIBUNAL RESUMED ON THE 16TH OF DECEMBER, 2011, 2 AS FOLLOWS: 3 4 CHAIRMAN: Mrs. Laverty, the witness is now seated and 5 ready to begin. May I ask if there are any further 6 questions from members of the legal team? 7 8 MR. DURACK: Yes, I hadn't finished yesterday, sir. 9 10 KEVIN FULTON CONTINUED TO BE CROSS-EXAMINED BY MR. DURACK 11 AS FOLLOWS: 12 13 1 Q. MR. DURACK: Good morning again. 14 A. Good morning, sir. 15 2 Q. Now, might I ask you about some detail. I think you told 16 us that you initially got involved with Mr. Blair after you 17 were out from prison and you were green-booked in the 18 summer of 1987? 19 A. Yes, sir. 20 3 Q. And you told us it was sometime shortly after that, I 21 think, that you were told that Mr. Corrigan was involved in 22 the Narrow Water thing? 23 A. Yes, I would have heard that conversation passed. 24 4 Q. And can you tell us -- you also told us that you told your 25 minders at the time about that? 26 A. Yes, sir. 27 5 Q. Are you in a position to write down the names of your 28 minders at that stage? 29 A. Yeah. I have actually done the same minders yesterday as 30 well. Doyle Court Reporters Ltd. Smithwick Tribunal - 16 December 2011 - Day 68 2 1 6 Q. Oh, did you? 2 A. Yes, sir, yeah. 3 7 Q. Oh, I didn't realise you had. 4 A. They have been done over these past few days. But you do 5 realise, a lot of these minders' names are not the real 6 names. 7 8 Q. It may give the authorities an opportunity to identify who 8 they are. But that was the first occasion that you had 9 passed on information that would have been relevant to 10 Mr. Corrigan, isn't that right? 11 A. Yes, sir. 12 9 Q. And I think, then, the next occasion was, in fact, in 13 relation to the time of these murders that we're concerned 14 with, which is the 20th of March, 1989? 15 A. Yes, sir. 16 10 Q. Were they still the same minders? 17 A. No, there was different minders, sir. And then there was 18 another time when MI5 came in and I would have repeated my 19 whole history to these people in that debrief, as well, in 20 London. 21 11 Q. When do you think that was? 22 A. The big debrief with different departments was when I came 23 back from Eurodisney, I had contacted Military Intelligence 24 in Lisburn and another -- I was told to call back another 25 day, which I did, and, at this stage, someone from, as he 26 says, "we are from British Intelligence and we are running 27 everything," so they arranged to meet me with Military 28 Intelligence in London. 29 12 Q. You agreed yesterday that that was sometime after the 30 summer of 1991 that you came back from Eurodisney? Doyle Court Reporters Ltd. Smithwick Tribunal - 16 December 2011 - Day 68 3 1 A. It would have been. The actual date, I don't really know 2 the exact date. 3 13 Q. I appreciate that may be a difficulty. But could I just 4 take you back to '89, which is a couple of years earlier, 5 which is when you had heard the reference to Mr. Corrigan 6 being of assistance in relation to the Breen and Buchanan 7 murders? 8 A. Yes, sir. 9 14 Q. You told us that you told your handlers at that stage. Can 10 you identify who they were? 11 A. They were military, sir. 12 15 Q. And do you have names for them? 13 A. Yeah, I have already given the names. If you want, I'll 14 write them down again. 15 16 Q. I'm just not sure whether you have given those -- you think 16 you have given those? 17 A. I think I have, sir, yes. 18 17 Q. Very good. Then the next date, then, is the 28th August of 19 1989, which is the Omeath -- 20 A. Yes, sir. 21 18 Q. -- matter? 22 A. Yes, sir. 23 19 Q. And you told -- again, you told us that you told your 24 handlers at that stage -- 25 A. Yes, sir, absolutely, and on the debrief in London I gave 26 them all the details of everything throughout my own 27 career, again, sir. 28 20 Q. Again, did you have -- were you still with the same minders 29 by August 1989? 30 A. No, sir. There was a break at that stage and then I went Doyle Court Reporters Ltd. Smithwick Tribunal - 16 December 2011 - Day 68 4 1 away to your Eurodisney, and then when I came back there 2 was new handlers. 3 21 Q. So you didn't go to Eurodisney until the summer of '91? 4 A. Yes, sir. 5 22 Q. I am talking about Omeath back on the 28th of August, 1989, 6 and then subsequently between Omeath and the murder of 7 Oliver, which was while you were away, the Fintan Callan's 8 incident, I am just wondering, could you provide us, if you 9 haven't already done so, with the names of -- 10 A. Handlers that I gave the information -- 11 23 Q. Can I just finish the question. I just want to get this 12 concisely, if we can. The names of the people whom you 13 told about Omeath on the 28th of August of 1989; the fact 14 that Mr. Corrigan had cleaned up the scene, in Omeath. Who 15 was dealing with you at that stage? 16 A. Who was dealing with me? They were handlers from the 17 military, sir. 18 24 Q. I know, but I just want to identify -- 19 A. Do you want me to say their names? 20 25 Q. No, if you just write them down. I want to be in a 21 position to check with these people as to what they will 22 say. At least the Tribunal to be in possession of it. I 23 don't need to know. And between Omeath and the murder of 24 Tom Oliver, there was the incident at Fintan Callan's; can 25 you tell us who you told about that? 26 A. Yes, sir. 27 (Witness writes names down) 28 26 Q. Now, when you came back, then, from Eurodisney, you say you 29 were there when Tom Oliver was killed in July of 1991? 30 A. Yeah. Doyle Court Reporters Ltd. Smithwick Tribunal - 16 December 2011 - Day 68 5 1 27 Q. You say you had a major debrief at that stage? 2 A. Yes, sir. 3 28 Q. Now, was there a change in your handlers at that stage? 4 A. Yes, handlers changed all the time. Sometimes you'd have a 5 handler, a few handlers, usually two or three. The way 6 that would work is, they would come and handle you, they'd 7 get to know you, and then, maybe, over a space of, maybe, 8 twelve months, one of those handlers would, maybe, change, 9 and a new person would be brought in, so it was never a 10 case that you were brought in with total new handlers 11 unless there had been a break. So that's the way, they 12 rotated around, and you always got it that you had friendly 13 faces with you at all times. 14 29 Q. Now, your major debrief was when MI5 became involved in the 15 summer of '91? 16 A. Yes, sir. 17 30 Q.
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