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.

OWEN CORRIGAN

CROSS-EXAMINED BY MR. O'CALLAGHAN 4 1 - 1 August 2012 - Day 119 1

1 THE TRIBUNAL RESUMED ON THE 1ST AUGUST 2012 AS FOLLOWS:

2

3 MR. DILLON: Chairman, we have one witness for you today,

4 it's the continuing examination of Mr. Corrigan. Before we

5 deal with that, possibly we might be able to do a bit of

6 housekeeping in terms of availability. I have had a brief

7 conversation with Mr. O'Callaghan. It seems that

8 Mr. Corrigan would prefer if there weren't a sitting on

9 Friday, if he could have Friday to himself. That being the

10 case, the matters will resume at the end of August. Now,

11 one date which we had canvassed was the 27th of August, but

12 it's been drawn to my attention that that's a public

13 holiday in . So it seems that on the 28th,

14 which is a Tuesday, we should be in a position to resume.

15 And I wonder if Mr. Robinson could let you know possibly at

16 this stage whether he'll be in a position to adduce the

17 evidence which he said he was going to offer to you in

18 relation to the question of the redactions of

19 Mr. McConville's evidence.

20

21 MR. ROBINSON: Yes, Mr. Chairman, that date was raised this

22 morning by your team. I'll certainly take instructions and

23 aim for that date, and, if I can get that confirmed, that

24 can be conveyed to your team.

25

26 CHAIRMAN: Yes, thank you very much, Mr. Robinson.

27

28 MR. DILLON: That being so then, hopefully we'll be able to

29 resume on the 28th and -- all going well, and, let us hope

30 for the last day, Mr. Corrigan will come back on the 29th

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 2

1 -- yes, the 29th, which is a Wednesday, of August, and, as

2 I say, we will all hope that's the last day, but it may not

3 be; it all depends on how things work out.

4

5 CHAIRMAN: Would that be the 29th rather than the 28th?

6

7 MR. DILLON: The 28th might be better to devote to the

8 question of the evidence you will hear in relation to the

9 redactions.

10

11 CHAIRMAN: Will we need the full day for that, do you

12 think, Mr. Robinson?

13

14 MR. ROBINSON: Possibly a two-hour block, possibly.

15

16 MR. DILLON: What I might suggest, Chairman, is that you

17 hear the evidence, and then I think you'll want to consider

18 your decision, and if you are in a position to consider

19 your decision during the afternoon, you can deliver it the

20 following day, and that's in ease of Mr. Corrigan as well,

21 because he is entitled to know what the position is in

22 regard to that. And, in addition, the Tribunal may well

23 have made progress in relation to the recent intelligence

24 it has received, and again, in ease of Mr. Corrigan, it can

25 be dealt with on the 29th.

26

27 CHAIRMAN: Very good.

28

29 MR. ROBINSON: I certainly endorse that view.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 3

1 CHAIRMAN: There will be an alternative venue, it will not

2 be here, but we have been inquiring about an alternative

3 venue, and everybody will be notified where that is, and it

4 will have similar facilities to here. Thank you very much.

5

6 MR. ROBINSON: I am obliged.

7

8 MR. DILLON: In that case, if Mr. O'Callaghan would care to

9 continue.

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Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 4

1 OWEN CORRIGAN CONTINUED TO BE CROSS-EXAMINED BY

2 MR. O'CALLAGHAN AS FOLLOWS:

3

4 MR. O'CALLAGHAN: Thank you, Chairman.

5 1 Q. Mr. Corrigan, on the last day, we looked at the background

6 to the establishment of this Tribunal and your belief as to

7 what is the reason this Tribunal was established and what

8 led to its establishment, do you recall that?

9 A. I do, yes.

10 2 Q. What I want to do today is to start by looking briefly at

11 the 20th March 1989 the day the officers were murdered, and

12 then to look at the two pieces of evidence that are against

13 you; the only piece of evidence against you suggesting

14 collusion in the murders of Breen and Buchanan, that is the

15 evidence of Mr. Keeley and Mr. Hurst. Were you aware on

16 the 20th March 1989 that Chief Superintendent Breen and

17 Superintendent Buchanan were to come to Dundalk Station for

18 a meeting?

19 A. No, I was not, Mr. Chairman, I wasn't aware of that.

20 3 Q. And you are aware where you were when you heard that the

21 officers had been murdered, isn't that correct?

22 A. I was, yes.

23 4 Q. And you were asked by a number of counsel for the Tribunal

24 and others as to what you were doing before that, isn't

25 that so?

26 A. Yes.

27 5 Q. And in fairness to you, you say you can't remember?

28 A. That's right, because it was no ordinary day, like, to me,

29 and I would have been -- I was engaged on duties of a

30 routine matter, and, at the time that the word came in,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 5

1 there was a number of us in the Detective Branch office.

2 That was it.

3 6 Q. Are you aware that a number of other members of An Garda

4 Siochana and a civilian woman working for the Garda

5 Siochana, have also given evidence to the Chairman that

6 they couldn't remember what they were doing on the day of

7 the 20th March 1989?

8 A. Well, I am aware that they gave evidence, but I haven't

9 read their statements, or not aware of the contents, you

10 know.

11 7 Q. I just want to recount them to you for the record: Garda

12 Michael Johnson on day 12, Mr. Nora Burns on day 15,

13 Detective Garda Mick O'Driscoll on day 38, Detective Garda

14 John Fintan Kenny on day 38, Detective Garda John Gerard

15 O'Connor on day 15 and Detective Garda Tom Fox on day 23,

16 all of them have given evidence that they were unable to

17 recollect what they were doing on that day.

18 A. Yes.

19 8 Q. You are now aware of that, is that so?

20 A. Yes, I am aware now.

21 9 Q. In respect of the murders themselves, these murders took

22 place in Northern Ireland, isn't that correct?

23 A. That is correct, yes.

24 10 Q. And because of that, would responsibility for investigation

25 of the murders rest with the RUC?

26 A. Oh, absolutely.

27 11 Q. Now, there was an investigation conducted from Dundalk,

28 isn't that so?

29 A. There was, yes.

30 12 Q. And that was an investigation conducted by Superintendent

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 6

1 Connolly?

2 A. That's correct, yes.

3 13 Q. And were you asked by Superintendent Connolly to be part of

4 this inquiry?

5 A. No.

6 14 Q. It's been suggested to you by Mr. Dillon that you could

7 have sought to involve yourself in this inquiry by, in

8 effect, gate-crashing his team of investigators; would that

9 be possible?

10 A. Gate-crashing was never one of my endeavours that I would

11 engage in.

12 15 Q. Well, leaving aside the word 'gate-crashing', could you

13 have, of your own accord, just got involved in

14 Mr. Connolly's investigation if he hadn't requested you to

15 be part of it?

16 A. No, he picks -- he hand-picks a team, as every other

17 supervisory officer does; that's his prerogative, to

18 select, because I had been in part of hand-picked teams,

19 investigated murders all over the country, since -- I have

20 been working with the heads of every head of murder squad

21 since 1969, and when I was in Drogheda I was -- it was the

22 murder of a girl called Una Lynskey, and then -- well, it

23 wasn't -- there was more, it was more relaxed atmosphere,

24 so my availability -- Colonel Walker, then, was around the

25 seventies, when Colonel Walker was murdered at the time of

26 the anti-English presence of stately homes in Ireland, by

27 the IRA, Mr. Chairman, and every time there was a murder,

28 we'll say, there was a huge larceny of explosives from the

29 Curragh, County Kildare, and there was alarm in Government

30 circles that these explosives would be stolen by members of

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 7

1 the defence forces, so, there again, I was called down

2 there, and I spent -- I think we spent three or four months

3 down there, and brought five of them to the Special

4 Criminal Court, where they were charged. So, I was an

5 integral part of -- whilst I was in Dundalk and Drogheda, I

6 was an integral part of a backup team for the murder squad

7 for any serious crime on account of my knowledge. And by

8 outlining the facts to you, I don't want to be giving the

9 impression that I am propagating my own position.

10

11 CHAIRMAN: But you weren't involved in the investigation of

12 the murders of Mr. Breen and Mr. Buchanan.

13 A. No, no.

14

15 16 Q. MR. O'CALLAGHAN: And that's a decision that was made by

16 Superintendent Connolly, and he was perfectly entitled to

17 make such a decision.

18 A. Oh, absolutely, absolutely.

19 17 Q. And that's how the hierarchy of An Garda Siochana operates,

20 that the Superintendent will select the team he wishes to

21 investigate a certain offence?

22 A. Yes.

23 18 Q. So the Chairman will be fully aware that the primary murder

24 investigation is conducted by the RUC because the murders

25 took place in Northern Ireland, isn't that correct?

26 A. That's right, yes.

27 19 Q. And then there was an investigation south of the border by

28 the Gardaí, and that was run by Superintendent Connolly,

29 isn't that so?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 8

1 20 Q. Are you aware of Detective Garda Bernard McGrath?

2 A. Yes.

3 21 Q. He gave evidence to the Chairman on day 39, and at pages 80

4 and 81, he said that "Connolly never seemed to be treating

5 Corrigan as a superintendent would treat a sergeant in the

6 day-to-day business of an office of that nature in their

7 discussions. There was very few, very little discussion

8 between them. Any of the various operations that were done

9 or carried out at that time, I don't recall Corrigan and

10 Connolly being together in any one of them."

11 Would you agree with that evidence that was given by

12 Detective Garda Bernard McGrath?

13 A. Absolutely. He was on my section and was well aware, he

14 could see it first hand, and any leader of an investigation

15 team, as I was myself for 13 years, he is depending on the

16 subordinates of the men working with him and it's his

17 function to get the ultimate maximum out of those, each and

18 every individual man. There is no two people have the same

19 qualities, and you have to encourage one type of an

20 individual and discourage the other. So, you amalgamate

21 them through the years and they believe -- there is a

22 trust, a bond builds up, but that when the new regime came

23 to Dundalk, that all went by the wayside. After all, you

24 know yourself, Mr. Chairman, we are after having 13 years

25 of extraordinary intelligence in relation to the return of

26 work, and, there again, I have to be very careful in case I

27 am accused of boasting.

28 22 Q. Mr. McGrath also gave evidence on day 39, from page 91 to

29 95, that Superintendent Connolly excluded you from a lot of

30 Garda work and Garda stuff. Would that be your

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 9

1 recollection of it?

2 A. Absolutely.

3 23 Q. He also gave evidence to the Chairman that Superintendent

4 Connolly victimised those in your unit as well, the

5 officers underneath you?

6 A. That's right.

7 24 Q. And you'd agree with that?

8 A. Absolutely.

9 25 Q. And on day 31, Detective Garda Sean Gethins gave evidence

10 that he wasn't surprised that you weren't involved in

11 Superintendent Connolly's investigation because

12 Superintendent Connolly always used the same people, that's

13 what Detective Garda Gethins said; would you agree with

14 that?

15 A. With all due respects, that's a diplomatic way of saying

16 it, but the situation is, it became well known throughout

17 the Garda force, and if you recall Mr. Conroy, when asked

18 here by the Chairman at one stage, Mr. Conroy, when he came

19 to see me on the two occasions, he drove down from

20 and pleaded for me to go to work for him, and the -- one of

21 the first things he said to me is, "You get away from that

22 crowd in Dundalk and come to work for me." It's there now

23 in his -- if you wish to check his -- and he was asked on

24 the follow-up question, "How did you pick up Owen Corrigan,

25 pick out Owen Corrigan rather than anyone else?" That you

26 should see, because there was a serious problem in relation

27 to , and the whole force was under pressure,

28 and he says, "I picked him because of his bravery."

29 26 Q. Okay. We'll come and look at that evidence in due course.

30 The Chairman was not asked by the Oireachtas to investigate

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 10

1 employment issues in Dundalk Garda Station, but can you

2 inform the Chairman, Mr. Corrigan, was it the case that

3 there was a problem in Dundalk after the new regime came

4 in, and you were excluded from a lot of work?

5 A. Absolutely. I would go further, that it was premeditated

6 to a large extent by the RUC, who wished to impose -- who

7 got their 40 extra men as a result of pressure, that

8 resulted in 40 extra men, and they thought it was -- the

9 same principle would apply here as appeared in Northern

10 Ireland. But numbers in that game don't matter one iota.

11 One good detective is worth 50 very ordinary ones. That's

12 the way intelligence works. But there, you see, as I said

13 before in my evidence, they were trying to impose a

14 military solution on a political problem, and we had our

15 hand on the political problem and were doing

16 extraordinarily well, and, suddenly, the RUC, and I don't

17 want to prejudge whether Mr. -- in addition to the

18 addition, when they got the 40 extra men, it's my

19 contention that they went the next way, the next step along

20 the way and they instructed Mr. Curran to go and voice his

21 concern to me -- about me, rather, to Mr. Crowley.

22 Mr. Crowley worked with me for many, many years when I was

23 a trainee detective and Mr. Crowley knew me better than

24 anyone and he certainly was not going to tolerate anyone

25 coming up and doubting my integrity, nor was any one of the

26 six or eight members of Commissioner rank who knew me the

27 same and knew me for nothing but a workaholic and a

28 devotion to duty to the exclusion of my own personal

29 safety --

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 11

1 CHAIRMAN: Why would any member of the RUC want to blacken

2 your name?

3 A. Well, you see, I was on every -- well, now, I think you

4 have heard enough here at this Tribunal to know they made a

5 pretty good attempt at it, Mr. Chairman. Because, I was a

6 big thorn in the side of the IRA and they were running up,

7 putting my name down that I was doing this, that or the

8 other, and collecting money in the process.

9

10 27 Q. MR. O'CALLAGHAN: Mr. Corrigan, just in respect of the

11 Chairman's question about blackening your name, the RUC

12 doing it, would you agree with me that the only evidence

13 prior to the establishment of this Tribunal, suggesting

14 that you were up to wrongdoing, by the RUC, was the SB50

15 from 1985?

16 A. Yes, there was many people who came up and said they heard

17 this and they heard that, like.

18 28 Q. We'll come to that. But in terms of information available

19 within the RUC suggesting that you were up to wrongdoing,

20 that's limited to the SB50 in 1985, isn't that so?

21 A. Yes. On a concrete basis, yes.

22 29 Q. And we'll look at that in due course, as to the provenance

23 of that SB50.

24 A. Yes.

25 30 Q. However, you are aware also, and very many RUC men have

26 come here and those who have worked with you have given

27 very positive evidence about you, isn't that right?

28 A. Absolutely. As I said before, the finest men that I ever

29 worked with were the members of the IRA -- or the RUC.

30 31 Q. And it has -- evidence has also been given here by the RUC

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 12

1 officers, some of them who don't know you, that they

2 thought that -- they had heard rumours about you and that

3 you were, to use their words, they thought you were dodgy,

4 or things like that, but these were people who didn't work

5 with you, isn't that so?

6 A. Absolutely.

7 32 Q. Now, what I want to do is, I want to look at the two pieces

8 of evidence against you. You are aware that there are only

9 two pieces of evidence against you, Mr. Corrigan,

10 suggesting that you colluded in the murders of these two

11 officers?

12 A. Yes.

13 33 Q. Are you aware of that?

14 A. Yes.

15 34 Q. Mr. Keeley and Mr. Hurst?

16 A. Yes.

17 35 Q. What I want to do now is, I want to look first at

18 Mr. Keeley's evidence and allegation against you.

19 And, Chairman, I don't know if you have your book with you,

20 or Mr. Mills could put it up.

21

22 CHAIRMAN: I have, yes.

23

24 MR. O'CALLAGHAN: But if we could go to tab 20, and if you

25 could go to tab 20 as well, please, Mr. Corrigan, we have

26 got the Kevin Fulton statement. This is a statement that

27 was handed in by Mr. Keeley, along with Willie Fraser, to

28 Judge Cory on the 9th September 2003. You are aware of

29 that, Mr. Corrigan?

30 A. Yes.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 13

1 36 Q. If you have trouble, Mr. Corrigan, with the folder, look at

2 the screen behind you. It's up there.

3 A. It's okay.

4 37 Q. So, this is dropped in to the Cory Inquiry one month before

5 it reports, you are aware of that?

6 A. I wasn't aware until quite recently.

7 38 Q. Okay. So, Mr. Keeley, accompanied by Willie Fraser, on

8 foot of an e-mail from somebody, it appears to be

9 associated with HMG, drops this in to Judge Cory on the 9th

10 September 2003?

11 A. Yes.

12 39 Q. And the relevant information against you is contained in

13 the middle two paragraphs. I just want to read them out

14 and then look at Mr. Keeley's evidence.

15

16 He says, in the second paragraph: "On one occasion in the

17 late 1980s, I was with my senior IRA commander and another

18 individual in my car. I knew the other individual to be

19 Garda B" -- that's you, Owen Corrigan -- "I was introduced

20 to Owen Corrigan. I knew that Owen Corrigan, who was

21 stationed at Dundalk, was passing information to the

22 Provisional IRA."

23

24 The second piece of information given by Mr. Keeley to

25 Judge Cory is as follows: "I was in Dundalk on the day of

26 the ambush of Superintendent Buchanan and Chief

27 Superintendent Breen. I am aware that after the ambush

28 took place, my senior IRA commander was told by a member of

29 PIRA that Owen Corrigan had telephoned to the Provisional

30 IRA to tell them that officers Breen and Buchanan were at

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 14

1 the Dundalk Station."

2

3 Now, just before we get into the substance of his evidence,

4 did you get into a car with 'Mooch' Blair outside Fintan

5 Callan's Céilí House sometime in the summer of 1991?

6 A. Certainly not.

7 40 Q. You see that Mr. Keeley, in his statement here, refers to

8 this taking place in the late 1980s, do you see that?

9 A. Yes.

10 41 Q. In fact, in his evidence he said that it was a number of

11 weeks before Tom Oliver was murdered, which is the 19th

12 July 1991.

13 A. Yes.

14 42 Q. At that time, Mr. Corrigan, you were on sick leave, isn't

15 that correct?

16 A. That's right, yes.

17 43 Q. Would you have had access to any intelligence information

18 that the Gardaí had when you were out on sick leave?

19 A. No.

20 44 Q. Just in respect of the second paragraph, he says here to

21 Judge Cory that you had telephoned to the Provisional IRA

22 to tell them that the officers were at the Dundalk Station.

23 Did you do that?

24 A. Oh, I certainly did not.

25 45 Q. Now, what I want to do is, I want to move forward to tab 23

26 to look at the -- part of the evidence of Mr. Keeley. And

27 on day 67, at page 52, Mr. Keeley gave evidence in respect

28 of the meeting in the car park in the car. Are you aware

29 that he has said that that meeting took place in Fintan

30 Callan's Céilí House?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 15

1 A. Yes.

2 46 Q. What type of an establishment was Fintan Callan's Céilí

3 House in May or June of 1991?

4 A. Well, it would be a meeting place for -- you see, the

5 situation is, it's situated on the Dundalk-Castleblayney

6 road, with a branch-off for Crossmaglen, and travelling

7 through the second most dangerous concession road in the

8 North of Ireland, which is Cullaville, and it's frequented

9 by members of the Provisional IRA smuggling -- it's a place

10 that no member of the Garda would ever even contemplate

11 frequenting.

12 47 Q. What would happen if you had walked into Fintan Callan's

13 Céilí House in the summer of 1991 and its usual clientele

14 was there?

15 A. Well, I wouldn't have any hope of my mortality. It was the

16 last place God would made departing from going into an IRA

17 meeting. It's so ridiculous to even think of it, that the

18 members would suggest -- to me, now, that suggests that

19 they didn't even realise the significance of the element,

20 or the status by which this particular establishment held

21 in the eyes of the subversive elements, because it was

22 subversive elements from all the different branches of the

23 border area that frequented it.

24 48 Q. Mr. Prenty recently gave evidence to the Chairman stating

25 that, as far as he was aware, Fintan Callan's Céilí House

26 was a normal establishment which wasn't a Provo house, if I

27 can call it that?

28 A. Well...

29 49 Q. Do you agree with that?

30 A. No, I don't agree with that.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 16

1 50 Q. Do you recollect preparing C77s, or a C77 in respect of

2 Fintan Callan's Céilí House and suggesting in the C77 that

3 it was a place where Provisional IRA people acquainted?

4 A. I can't specifically. Like, I prepared 400, in excess of

5 400. Now, to ask me to try and remember each and every one

6 of them...

7 51 Q. OK.

8 A. But it would have figured within my intelligence-gathering,

9 because I was there within the administrative section of

10 the Detective Branch and I would be taking in reports from

11 my subversives, you know, and it was certainly featured as

12 a meeting place or rendezvous for members of the

13 Provisional IRA from Crossmaglen and Cullaville, for

14 meeting.

15 52 Q. My solicitor has inquired of An Garda Siochana as to

16 whether such a C77 exists, and I am led to believe that

17 there is such a C77, so perhaps it will be put to you by

18 the Garda Siochana at a future date.

19 A. As I say now, I can't confirm it.

20 53 Q. Can I ask you now just to look at -- this is the evidence

21 at day 67, which is in front of you, page 52 of the

22 transcript, that Mr. Keeley gave in respect of the

23 encounter he alleges occurred with you at Fintan Callan's

24 Céilí House, and this is what he told the Chairman,

25 starting with question 317:

26 "Question. So the Chairman can take it that

27 'Mooch' Blair approached you one day in

28 May/June 1991 and said 'I need a lift to

29 Fintan Callan's Céilí House'?

30 Answer. No, he wouldn't have said that, 'I

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 17

1 need to go to Fintan Callan's Callan Céilí

2 House. He would have got into the car and told

3 me where to go.

4 Question. So you didn't know where you were

5 going?

6 Answer: Not until we got there.

7 Question: Okay. And this was your first

8 time driving there?

9 Answer: To Fintan Callan's, yes. I've been

10 out that road many times because Patsy

11 O'Callaghan lived, before it, on a different

12 road.

13 Question: When you arrived in the car park,

14 what happened?

15 Answer: I pulled in, 'Mooch' got out and went

16 into the bar.

17 Question: How long was he in the bar for?

18 Answer: Only a few minutes. Came back out

19 again and then he was followed by Owen

20 Corrigan.

21 Question: What did Owen Corrigan do?

22 Answer: He got into the back of the car.

23 Question: What happened then?

24 Answer: He was talking to 'Mooch'. I sat

25 looking out the window and that is when he said

26 about Tom Oliver being caught with an

27 unlicensed shotgun and was passing information.

28 Question: Did 'Mooch' introduce you to Owen

29 Corrigan?

30 Answer. No, he didn't. I was basically a

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 18

1 shadow sitting there. I never spoke, never did

2 anything.

3 Question: You weren't introduced to Corrigan?

4 Answer: Not introduced, no."

5

6 Now, could I pause there. Did that happen?

7 A. No, absolutely not.

8 54 Q. In May and June 1991, did you know anything about Tom

9 Oliver being caught with an unlicensed shotgun, or anything

10 like that?

11 A. No.

12 55 Q. You didn't know about that?

13 A. No.

14 56 Q. Did you see here that, in his evidence, Mr. Keeley says

15 that he was not introduced to you?

16 A. Yes.

17 57 Q. He says here "You weren't introduced to Corrigan?

18 Answer: Not introduced, no."

19 You recall from his letter to Judge Cory, in that letter to

20 Judge Cory, which is at tab 20, he says that he was

21 introduced to you.

22 A. Yes...

23 58 Q. He said, "I knew the other individual to be Owen Corrigan.

24 I was introduced to Owen Corrigan."

25 A. Yes...

26 Well, of course, a liar has got to have a great memory, you

27 know.

28 59 Q. Could I now ask you, then, to go to the last page in that

29 tab, which is page 75 of the transcript of day 67 before

30 the Tribunal. This is Mr. Keeley's evidence in respect of

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 19

1 his allegation that you colluded in the murders of Breen

2 and Buchanan. And in the middle of that page, question

3 485, I say to Mr. Keeley:

4

5 "Question: So Mickey Collins then comes back a

6 second time, Mr. Keeley, is that correct?

7 Answer: He would have been back over again

8 later.

9 Question: Just don't do 'would have been'.

10 You are the person who is giving us this

11 evidence, so be specific. If you don't

12 remember, you don't remember.

13 Answer: At this moment in time, I just don't

14 remember.

15 Question: But you think that Mickey Collins

16 comes back a second time and tells you that

17 that the incident was the killing of the two

18 RUC officers?

19 Answer: Yes.

20 Question: And are you stating on that occasion

21 he says to you about the friend?

22 Answer: 'Our friend', yes.

23 Question: And what words did he use?

24 Answer: Just, it was 'our friend' helped out.

25 Question: That is all he said?

26 Answer: Something like that, yeah.

27 Question: Okay, and -- "

28

29 And if Mr. Mills could then just go to tab 24, the

30 transcript continues on page 76, and Mr. Keeley says:

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 20

1 "Answer: I took it to be Owen Corrigan.

2 Question: Okay. He didn't mention Owen

3 Corrigan?

4 Answer: Not by name, no, no, no.

5 Question: He didn't mention that Owen Corrigan

6 had seen the officers in the station?

7 Answer: No, he didn't say that.

8 Question: He didn't say that?

9 Answer: No, no.

10 Question: Okay. This is what you said to

11 Judge Cory... "

12

13 And here, I put to him, Mr. Corrigan, what was in his

14 letter to Judge Cory.

15 A. Yes.

16 60 Q. This is what he said to Judge Cory: "I was in Dundalk on

17 the day of the ambush of Superintendent Buchanan and Chief

18 Superintendent Breen. I am aware that, after the ambush

19 took place, my senior IRA commander 'Mooch' Blair was told

20 by a member of PIRA" -- presumably, Mickey Collins -- "that

21 Garda B had telephoned to the Provisional IRA to tell them

22 that Officers Breen and Buchanan were at the Dundalk

23 Station."

24 And in reply, Mr. Keeley says, "No, well that wouldn't be

25 totally correct, no.

26 Question: Okay. In your statement to Judge

27 Cory, there were two substantive paragraphs,

28 the one about Fintan Callan's Céilí House and

29 this one here. You are now stating that what

30 you said to Judge Cory is incorrect?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 21

1 Answer: I can't remember it totally. If you

2 are saying that is what is written down in the

3 statement...

4 Question: Yes, that's incorrect?

5 Answer: It's not totally correct.

6 Question: Yes, it's incorrect, you've said

7 it already?

8 Answer: Yes.

9 Question: Why did you mislead Judge Cory?

10 Answer: I would not have purposely misled

11 Judge Cory, sir.

12 Question: You agree that he was mislead?

13 Answer: Well, thinking back now, I couldn't

14 remember the statement I've made, it's so many

15 years ago.

16 Question: But, sorry, your evidence here is

17 completely different to what you told to Judge

18 Cory, isn't that so?

19 Answer: Well, it's -- yeah.

20 Question: Why did you mislead Judge Cory?

21 Answer: I didn't purposely mislead Judge

22 Cory."

23

24 So, do you see that Mr. Keeley, Mr. Corrigan, has, in

25 effect, told the Chairman that he misled Judge Cory but he

26 didn't purposely mislead him, do you see that?

27 A. I do, yeah.

28 61 Q. Can you give any indication as to why you think Mr. Keeley

29 would have misled Judge Cory?

30 A. Oh, it was inevitable as a consequence, it was most

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 22

1 important that he would present a certain case in order to

2 move this whole process further for Judge Cory to make up

3 his mind to set up this Tribunal, and the more flesh he

4 could put on the so-called facts which he hadn't got, the

5 better for him; in other words, he filled in the holes with

6 imaginary facts and this convinced -- like, in other words,

7 like so many other people, he fooled Judge Cory, he led him

8 a merry dance.

9 62 Q. Is it your belief that Mr. Keeley was put up to providing

10 this letter to Judge Cory by the British Security Service?

11 A. Oh, I have no doubt. That was the very start of it now.

12 That was the first port of call, Judge Cory. He had to

13 gain access to Judge Cory, so that was his port of call.

14 We'll move down the line then and I'll outline to you then

15 in due course what the next port of call was.

16 63 Q. And you are aware from Judge Cory's report that it was the

17 Kevin Fulton statement, as he called it, which

18 predominantly urged him to recommend an inquiry, isn't that

19 so?

20 A. Yes, on the strength of Fulton's statement, and he has

21 stated that.

22 64 Q. And this was a letter that was provided to Judge Cory,

23 effectively at the eleventh hour of his investigation?

24 A. That's right.

25 65 Q. Do you see any similarities between that and what has

26 happened here over the past two weeks in this Inquiry,

27 Mr. Corrigan, that at the eleventh hour of this Inquiry the

28 British Security Service have lobbed in more information?

29 A. That's right.

30 66 Q. What does that convey to you as -- from your experience of

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 23

1 this Tribunal, what does that convey to you?

2 A. Well, the situation, as I said, without, again, appearing

3 boastful, I was aware of the strategy and modus operandi of

4 these people and I knew exactly how they operated, and you

5 can see from the five pieces of information that they had,

6 the only one that they released here to the Chairman was

7 the one that was going -- was the famous, or infamous,

8 SB50, which was deemed to do damage to me. Nevertheless,

9 they released that to the Tribunal and never said a word

10 about the others that were totally at odds with what had

11 been submitted.

12 67 Q. Could I ask you to go to tab 25, please, Mr. Corrigan. You

13 have stated repeatedly that Mr. Keeley is a paid agent of

14 the British Security Service, isn't that so?

15 A. Absolutely, yes.

16 68 Q. And in fairness to you and in fairness to him, Mr. Keeley

17 accepts that.

18 A. Yes, and I was the first and only one to state that from

19 the word go. I don't know how many people believed me, but

20 it was from my experience of -- since 1969 and working on

21 the border and understanding the way the

22 undercover and MI5 work, I was au fait with all their

23 strategies and how they would operate to the detriment of

24 anyone else that they were dealing with.

25 69 Q. Could I ask you, at tab 25, there is evidence of Mr. Keeley

26 from day 67, page 100, and the last question on that page,

27 which is question 680, is as follows:

28

29 "Question. I thought you said you were being

30 treated very well by MI5?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 24

1 Answer: My expenses and the place where I live

2 is being paid by those people. I am not

3 involved with them and I don't work for them or

4 with them.

5 Question: So MI5 are paying for your...

6 Answer: My accommodation.

7 Question: Your accommodation?

8 Answer: Yes.

9 Question: Do you remember there was an article

10 written by Matthew Teague in the Atlantic

11 magazine?

12 Answer: I do, yes.

13 Question: He, in that article, said you took

14 him back to your house.

15 Answer: At that time, yes.

16 Question: I won't identify it, I don't need to

17 identify where it is, but he said you lived in

18 an expensive flat with heavy security

19 overlooking a well-known landmark. Is

20 that a fair assessment of your accommodation?

21 Answer: Possibly, yes.

22 Question: And that is being paid for by MI5?

23 Answer: Yes, sir."

24

25 And then if you just go to the bottom of that page,

26 Mr. Corrigan, question 691:

27 "And are you getting a wage from them on an

28 ongoing basis?

29 Answer: I get a subsistence to help me

30 survive."

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 25

1

2 So you see there that Mr. Keeley is accepting he is being

3 paid and his accommodation is being paid by the British

4 Security Service, you are aware of that?

5 A. Absolutely. And he differentiates between a wage and

6 subsistence. What a description, now.

7 70 Q. Are you aware also that when Mr. Keeley came here to give

8 evidence, that he told the Chairman he had never -- he did

9 not know Willie Fraser --

10 A. Yes.

11 71 Q. -- prior to the time both of them visited Judge Cory in

12 September 2003?

13 A. Yes.

14 72 Q. You read that?

15 A. Yes.

16 73 Q. And then subsequently he changed his evidence, because he

17 said, oh, he did, in fact, meet Mr. Fraser with

18 Mr. Donaldson back in 2000, isn't that so?

19 A. That's right, yes.

20 74 Q. So are you aware that, in fact, Mr. Keeley enters into this

21 narrative, this equation, back in -- sometime in March

22 2000, when he meets Jeffrey Donaldson in the House of

23 Commons, are you aware of that?

24 A. That's right, yeah.

25 75 Q. And it was on that occasion that he gives Mr. Donaldson

26 your name?

27 A. That's right.

28 76 Q. Okay. Now, at tab 27, there is some evidence, and at tab

29 26, rather, there was information there in respect of the

30 last matter about Mr. Keeley going to meet Mr. Donaldson.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 26

1 But at tab 27, there is the evidence of certain RUC

2 officers about Mr. Keeley. Are you aware that certain RUC

3 officers have given very negative evidence about Peter

4 Keeley and his honesty?

5 A. Oh, I haven't heard anyone saying anything positive about

6 him, good, bad or indifferent.

7 77 Q. Well, some people, I think one or two RUC officers have,

8 but those who...

9 A. Well, they were in relation to explaining certain

10 particular incidents, you know.

11 78 Q. If you go to the second page, this is Witness 64 on day 53,

12 and Witness 64, day 53, page 37, is questioned at question

13 228, and he says:

14 "Question: You mentioned that there were

15 occasions when Kevin Fulton gave you

16 information which you were aware was misleading

17 information. Without identifying any

18 individuals, could you give an example to the

19 Chairman of -- maybe you can't recall it, but

20 if you can, can you give an example of the type

21 of misleading information he gave to you which

22 clearly was false?

23 Answer: Well, there was probably a number I

24 could give, but one particularly interesting

25 one was, we were given intelligence about an

26 IRA planning to travel to

27 Great Britain to carry out a series of attacks

28 there and Mr. Fulton told us that he had been

29 asked to prepare weapons hides to facilitate

30 the logistics of that unit travelling to Great

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 27

1 Britain. Police operations were put in place

2 in England and Scotland, and quite considerable

3 police time, effort, resources went into

4 carrying out preparatory work to try and catch

5 the alleged active service unit, only for

6 Mr. Fulton to subsequently state that it was

7 something that he had made up, and, as you can

8 appreciate it, it caused us considerable

9 embarrassment because the intelligence had been

10 relayed across to Great Britain. Various

11 people over there were quite exercised about

12 the thoughts of IRA attacks being carried out

13 in Great Britain. A lot, as I say, time,

14 police effort, resource, a lot of money from

15 the public purse had been spent in police

16 operations, all for it to be disclosed as a

17 work of fiction.

18 Question: And could I ask you, sir, did he

19 give any explanation or excuse to you as to why

20 he had created or made up this bit of

21 intelligence?

22 Answer: No, we never got a satisfactory

23 explanation to that or to other things we were

24 told.

25 Question: And from your assessment of him, did

26 you think he was doing it because he was

27 interested in fantasy or was he trying to

28 generate publicity for himself subsequently, or

29 why do you think he did it?

30 Answer: I think it was probably a complex

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 28

1 mixture of things. There was obviously

2 financial reward, and sometimes greed can

3 triumph over common sense. I think, also,

4 attention-seeking ego. There are lots of

5 factors that could play in there, but you would

6 really need a good psychiatrist or psychologist

7 to give those answers."

8

9 Have you ever met, Mr. Keeley?

10 A. No.

11 79 Q. From what you know about him and the allegations he is

12 making about you, do you agree with the assessment of

13 Mr. Keeley given there by Witness 64?

14 A. Oh, I do indeed, yeah.

15 80 Q. On the next page, we have an excerpt from day 40, page 18,

16 and this is the evidence of Witness 60, another RUC

17 officer. And at question 79 he is asked the following:

18

19 "Question. You mentioned Kevin Fulton. What

20 did you make of him?

21 Answer: In my experience, he seemed to provide

22 some good intelligence when he started with a

23 number of organisations. The quality of the

24 intelligence then seemed to drop off, and I,

25 at a later stage, had the role of authorising

26 sources under the Regulation of Investigatory

27 Powers Act, and I refused to authorise him to

28 provide intelligence because I believed that he

29 was an intelligence nuisance.

30 Question: By 'intelligence nuisance', what do

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 29

1 you mean?

2 Answer: He was more trouble then he was worth.

3 Question: I see. As likely to provide false

4 information?

5 Answer: Yes."

6

7 And do you agree with that assessment given by Witness 60?

8 A. Most certainly.

9 81 Q. Then, the next page, we have Witness 62, another RUC

10 officer, on day 51, and at page 40, at question 130, he is

11 asked the following:

12

13 "Question: Now, I think that you said in your

14 statement that, in your opinion, he was a

15 compulsive liar, a fantasist and a con man of

16 the highest order, and you said that he was

17 what you would term an intelligence nuisance.

18 Where did that come from?

19 Answer: Yeah, that's correct. That would be

20 my opinion of Keeley, alias Fulton, because

21 when he was recruited, my recollection is that

22 he initially provided some good intelligence on

23 the Provisional IRA and -- but subsequently he

24 began to make it up, and I can remember us

25 mounting many, many operations, covert

26 operations, based on his so-called

27 intelligence, where nothing happened, and, of

28 course, nothing does happen very often, so you

29 put it down to experience and you wait until

30 next week and you get something else. But I

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 30

1 became aware then that the branch in

2 began to realise that he was just making all

3 this up. No doubt he had his reasons for

4 making it up. Sometimes it's because they want

5 to get more money, sometimes it's because they

6 want to please their handlers, sometimes it's

7 because they just live in a fantasy world."

8

9 Do you agree with that assessment of Mr. Keeley?

10 A. Absolutely, with all three.

11 82 Q. And in terms of the serious allegations this man has made

12 against you, which are the only, as I say, one of two, the

13 only pieces of evidence against you are Mr. Keeley and

14 Mr. Hurst. In terms of Mr. Keeley's allegations against

15 you, do you regard them as being made-up fantasy?

16 A. Absolutely.

17 83 Q. And you believe he is saying it because he is being paid by

18 the British Security Service?

19 A. Yes, that's exactly the situation, Mr. Chairman.

20 84 Q. And what interest do you believe the British Security

21 Service have in trying to convince this Chairman that there

22 was collusion between the IRA and An Garda Siochana, why

23 would they be interested in doing that?

24 A. Well, do you see, they were under pressure initially in

25 relation to -- their main aim was to divert attention from

26 the wholesale behaviour of the security forces in Northern

27 Ireland in relation to the collusion. The situation in

28 Northern Ireland was, in the seventies and the eighties,

29 where people were being slaughtered at various venues, and

30 this is when the IRA came in as defenders, so it ended up

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 31

1 in a tit-for-tat situation, and it got worse, because with

2 the initial attacks that were launched by the members of

3 the security forces, that evolved at a counter-attack by

4 the IRA, so, I mean, one was as bad as the other, but the

5 overall situation became worse by the day or the month, and

6 that's how the tit-for-tat operation continued going on.

7 And they were trying to divert attention away from the

8 wholesale intervention -- remember one thing, the behaviour

9 of the security forces in the seventies in the North of

10 Ireland was quite appalling. There were members of the

11 other security forces who were intermingling with these

12 subversive elements, criminals. There were a number of RUC

13 men caught, convicted of murder, sent to jail, and they

14 were all operating from a farmhouse in Glenanne, County

15 Armagh, and, you see, the RUC knew that I was aware of what

16 was going on at this farm, and this farm was, as I said, a

17 den of iniquity, and all members -- you had the UVF, RUC -

18 full-time, part-time - UDR, Red Hand Commanders - that's

19 Willie Fraser. Now, just to elaborate on Willie Fraser.

20 Willie Fraser is a leader of his own little army and he

21 came to Dublin to complain to the Government, brought a

22 couple of bus-loads of supporters, disembarked at Parnell

23 Square and proceeded to march down O'Connell Street, when

24 they were attacked by locals -- you may recall it, Judge, a

25 number of years ago -- and the locals stoned them. The

26 Gardaí then had to intervene. And they caused hundreds of

27 thousands of pounds, and they had to escort them right back

28 to the border. But that's Willie Fraser, who was a close

29 associate of Mr. Fulton and Mr. Donaldson at the day that

30 Mr. Donaldson issued his statement, which was -- I was

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 32

1 coming to. Mr. Donaldson's statement, which was, there

2 again, organised by the handlers, they knew that this was

3 the widest possible audience that the BBC Northern Ireland

4 was going to receive, and this was a mass audience and this

5 was another part in their -- now, the next thing after

6 that, the book, the Bandit Country, they authorised --

7 there was a direction from the ACC directing a subordinate

8 officer to take cognisance of Mr. Harnden, who Mr. Harnden,

9 after all, was a member of the British Conservative-led

10 paper, which is , and he took leave of

11 absence to write this book and was part of the...

12 So you can see, as it came down the line, all the parts

13 were falling into place as a designed complex to damage the

14 southern security forces and divert the attack away from

15 the collusion that was going on in the North. Remember

16 that RUC, there was at least three or four were charged

17 with murder, and all were released under the Anglo-Irish

18 Agreement. And if you just bear with me for one minute,

19 Mr. Chairman. There was one of them there and they went up

20 to a William Strathearn, they told him -- they rang him up

21 and they said "we have a prescription for a sick child and

22 we'll be down there to collect it". Mr. Strathearn had to

23 open his door, and they shot him in the door of the house.

24 The next thing was, Joe Campbell, who was a Catholic

25 Sergeant in Ahoghill, up in the Glens of Antrim, they went

26 up to him at eight o'clock in the morning, and there was a

27 guy called Robin 'The Jackal' Jackson, who was the leader,

28 he was involved in at least 30 murders. Jackson got the

29 name -- Joe Campbell was a very prominent part of the GAA

30 up in Ballycastle/Dunloy area, up in the Glens of Antrim.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 33

1 So it was five to eight in the morning. This guy, an RUC

2 man was driving the van, and he said, "you don't come with

3 me," Jackson said "don't come with me because if two of us

4 come to the door it will arouse suspicion". So, of course,

5 he went down, and Joe Campbell lived on the quarters, rang

6 the door bell, Joe Campbell opened the door and they said

7 who it was, they said so-and-so and so-and-so, the radiator

8 has run dry, and, "I was told that if I called to you,

9 you'd be able to fix me up." Joe Campbell, like any good

10 neighbour, got up and walked down the stairs, bang. They

11 were only two of them. Now, I know there was four others.

12 There was a group in Armagh called SBG, the Special Patrol

13 Group, of which both of those were members of, and they had

14 free access to all of the North and were engaged in

15 full-time slaughter and killing of the members of the --

16 and this was what prompted --

17

18 CHAIRMAN: Members of what?

19 A. Members of the population. And this was -- prompted the

20 retaliation from the IRA, who saw certain sections of

21 people being mown down, and, of course, the IRA saw it, saw

22 it then, came in then and then created equally horrendous

23 murders, like the Tullyvallen Orange Hall thing, and all

24 those types of things, which remind us of the horrible

25 situation that things in Northern Ireland had degenerated

26 down to the level. And, like, one side was as bad as the

27 other, that's in essence now.

28

29 85 Q. MR. O'CALLAGHAN: Okay, Mr. Corrigan, in terms of why you

30 think that the British Security Service would have put

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 34

1 Keeley up to this, your answer, in effect, is that it's in

2 their interest to present there being collusion between the

3 guards and paramilitaries in order to deflect attention

4 from the unquestionable fact that there was collusion

5 between Loyalist paramilitaries and certain security

6 services in the --

7 A. Absolutely. If I may say so, our own Government went over

8 there, Mr. McDowell and Mr. Ahern, and left this complaint

9 about it, and I don't know what went on in diplomatic

10 terms, but they certainly didn't follow it up in the public

11 domain, because the British -- sorry, I'd better not say

12 the 'Brits' or somebody will be jumping down my throat --

13 the British took umbrage at this or said to themselves "we

14 have a problem here, so we'd better get it solved". So,

15 the two members of the army went down to where Keeley was,

16 to his platoon office, and called him out and asked was he

17 prepared to work for the security service. "We'll send you

18 back to Northern Ireland. We'll give you a false discharge

19 from the army, a false discharge, so that you can show any

20 of your colleagues that, if you are questioned in the

21 North, be it by the IRA or what else, if you show why you

22 were thrown out, there it is, misbehaviour, and that will

23 cover you."

24 86 Q. But do you believe, Mr. Corrigan, that the reason you were

25 identified as a colluding guard was because there was an

26 SB50 from 1985 which could form the basis of such an

27 allegation against you?

28 A. Well, it was one of many. As I explained before,

29 Mr. Chairman, I was -- in fact, I was one of the very few

30 that was even prepared to go to Northern Ireland and I was

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 35

1 taking on these guys first hand and I was the name on

2 everyone's lips. When they went in -- when Keeley went in

3 to the British Army, he, at a, what they call a debriefing,

4 he lodged my name. The same situation obtained in relation

5 to when he joined the RUC; when he was debriefed, he lodged

6 my name. Now, in relation to the way these matters -- the

7 mechanism works, that my name was top of the list at the

8 British Army Headquarters in Lisburn and at the RUC

9 Headquarters in Knock, and that was my -- everybody knew

10 Owen Corrigan. There were people coming up I never saw in

11 my life --

12 87 Q. You are aware, from 1985 there was obviously a piece of

13 intelligence, no matter how unreliable it may be, which

14 indicated that "Owen Corrigan may be helping out the boys,"

15 it's referred to, and that's from 1985?

16 A. I don't know what stage I became aware of that.

17 88 Q. Okay. You weren't aware of it until this Inquiry --

18 A. No, that's right.

19 89 Q. -- started? But looking back on it now, with the benefit

20 of that knowledge, do you believe that that gives a reason

21 as to why Owen Corrigan should be the guard identified as

22 being a colluding guard?

23 A. Well, it was only a backup --

24 90 Q. Okay.

25 A. -- to what was already in circulation about me, because

26 they were hearing this story about Owen Corrigan every day

27 of the week.

28 91 Q. Now, tab 28, there is further evidence from Mr. Keeley on

29 day 67, page 73, where he says he has no direct knowledge

30 that you were involved in the murders of Breen and

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 36

1 Buchanan. So you are aware, Mr. Corrigan, that even though

2 he says that -- he says that at question 469:

3

4 "Question: So I am correct you have no direct

5 knowledge?

6 Answer: No, I have no direct knowledge, no,

7 and I wasn't involved in that murder either."

8

9 So he has no direct knowledge of your involvement in the

10 murder of Breen and Buchanan. It's just indirect

11 information he has, you are aware of that?

12 A. Yes.

13 92 Q. Now, at the next tab, tab 29, in fact, there are a number

14 of the other allegations which Mr. Fulton made against you.

15 First of all, at the bottom of page -- sorry, it's the

16 first page there, page 8, day 67, he makes an allegation in

17 respect of Narrow Water and you. And at question 31:

18

19 "Question: Could you try and be more specific,

20 Mr. Keeley, as to when, by date, you first

21 became aware that Owen Corrigan was assisting

22 the IRA?

23 Answer: By date, I couldn't, sir, but one

24 instance I was told of, as well, many years

25 ago, was after the Narrow Water bombing, that

26 it was said that Owen Corrigan had helped the

27 IRA at that time.

28 Question: Now, Mr. Keeley, you weren't in the

29 IRA at the time of the Narrow Water bombing?

30 Answer: No. But I had heard it after that,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 37

1 yes.

2 Question: Okay. So when did you hear that?

3 Answer: I can't remember the exact date, sir.

4 Question: The Narrow Water bombing was in

5 August 1979, isn't that correct?

6 Answer: Yes.

7 Question: You got involved with the IRA, you

8 started to, I think your language, hang around

9 with 'Mooch' Blair around '81 or '82, isn't

10 that correct?

11 Answer: That is correct.

12 Question: Did you become aware of Owen

13 Corrigan's alleged assistance at that time?

14 Answer: It would have been around that time

15 and while I was hanging around with 'Mooch'

16 Blair and people like that in Dundalk."

17

18 Can I ask you, it's 33 years ago, the Narrow Water bombing,

19 but your evidence appears to be that you were involved in

20 investigating the scene of the shooting of Mr. Hudson, is

21 that right?

22 A. That's right, yes.

23 93 Q. And that there was another place which is referred to as

24 the nest or the detonation site?

25 A. That's right, which was an elevated site which -- totally

26 overgrown with gorse and vegetation.

27 94 Q. Yeah. Now, and it's your recollection -- and, you know,

28 first of all, did you have any involvement in colluding

29 with the IRA in Narrow Water in respect of anything?

30 A. Absolutely none.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 38

1 95 Q. But it is your recollection that you weren't involved up in

2 the nest, but you were involved down by where Mr. Hudson

3 was shot?

4 A. That's right. When I went down, I was reacting to the

5 noise of gunfire, because Mr. Hudson's death came as a

6 result of the British Army were firing across towards the

7 south, and Mr. Hudson went down to the Narrow Water, which

8 explains itself, it's very narrow Mr. Chairman, and

9 Mr. Hudson ran down to the water to see what was happening,

10 and sure, of course, the British Army, which -- it was only

11 -- it wouldn't be -- about the width of the room here, and,

12 of course, they thought he was a member -- they thought he

13 was a terrorist and they just -- as soon as he ran down,

14 I'll never forget it, it was down on stones and we were

15 coming behind him in car, I don't know who was with me now,

16 I can't recall, but what I can vividly remember is him just

17 running down and suddenly being -- just turning his head,

18 falling back and him falling on the stones surrounding the

19 water.

20 96 Q. That was a killing that the Garda Siochana had to

21 investigate because it took place -- the man was shot dead

22 in the Republic of Ireland, isn't that so?

23 A. That's right, yes.

24 97 Q. Whereas the British Army officers were killed in Northern

25 Ireland, isn't that right?

26 A. That's right, yes.

27 98 Q. The allegation against you in respect of Narrow Water is

28 very vague, and I don't know to what extent it's being made

29 with any great heart by the people who make it, but the nub

30 of the allegation is that, and it doesn't really stand up

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 39

1 to any scrutiny, the nub of the allegation is that you

2 organised for reeds to be cut down in order to prevent the

3 RUC from carrying out a proper investigation of the

4 detonation site. You are aware that's the allegation

5 against you?

6 A. But, sure, that's most ridiculous on so many fronts.

7 99 Q. Okay. You don't agree with it; it's wrong?

8 A. No, absolutely not. And the people who made it weren't,

9 obviously, aware of the regulations in relation to one

10 country -- like, after all, we are talking about different

11 jurisdictions. There is no question of -- he, that person

12 alleged that I walked on the grass and prevented an

13 examination by members of the RUC in a matter of days.

14 100 Q. Okay. Now, at page 10 in the tab we're in, it's still day

15 67, and one of the things I asked Mr. Keeley, Mr. Corrigan,

16 was whether or not he reported all these allegations

17 against you to his British military handlers, you are aware

18 of that?

19 A. Yes.

20 101 Q. And at question 44, I put that to him, on page 10:

21 "Question: When you became aware of it for the

22 first time, did you go back to your handlers

23 and inform them, 'By the way, I have got a

24 piece of fascinating information for you.

25 There is a guard in Dundalk called Corrigan who

26 is an IRA mole', did you do that?

27 Answer: I would have mentioned that to

28 handlers, yes, there is no doubt about it."

29

30 So he is saying that he did mention it to his handlers in

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 40

1 British military intelligence, you are aware of that,

2 Mr. Corrigan?

3 A. Yes, of course.

4 102 Q. But, of course, when we looked, and we looked at it the

5 last day at Tab 22A, the British Army have given this

6 Tribunal a summary of any intelligence it has in respect of

7 this Tribunal's terms of inquiries.

8

9 MR. SMITH: Chairman, I don't wish to interrupt, but I

10 think that's really a matter of submissions. I think that

11 question was asked a different way on the last occasion.

12 And obviously in relation to the document that was produced

13 in relation to the material produced by British

14 intelligence, that's obviously open to discussion as well,

15 as to what exactly has been produced and whether there is

16 more.

17

18 CHAIRMAN: That is probably so. I think you are probably

19 correct in that, that it is more a matter of submissions.

20 Nevertheless, I don't want to interrupt Mr. O'Callaghan

21 unnecessarily, and I think I'll give him some latitude.

22

23 MR. O'CALLAGHAN: Yes. I was going to pass on from that.

24 103 Q. But you are aware, Mr. Corrigan, that at tab 22A there is a

25 summary of army intelligence for the Smithwick Tribunal.

26 I'm not asking you to go back to -- I opened it the other

27 day for you. But nowhere in that is there any suggestion

28 that what Mr. Keeley says is correct. What does that lead

29 you to believe about Mr. Keeley's allegations against you?

30 A. Well, he was acting totally and completely at all times

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 41

1 with the full authorisation of the secret service attached

2 to the British Army and the RUC and he did it for a variety

3 of motives, but mainly financial. And, of course, he was

4 drawing a weekly wage and put up in his accommodation, so

5 it was imperative that he had some story to have every week

6 to keep his handlers happy.

7 104 Q. Okay, but if he had been aware in March 1989, on the day of

8 the murders, that 'our friend' had helped out, you agree

9 with me he would have reported that to the British

10 handlers, his British handlers?

11 A. Absolutely. He'd be delighted to be in the position...

12 105 Q. You are aware there is no record of that with the British

13 military?

14 A. Absolutely.

15 106 Q. Secondly, if it was the case that he got into a car with a

16 guard such as yourself in Fintan Callan's Céilí House --

17 A. Yes.

18 107 Q. -- that he would have reported that to his handlers, and

19 there is no record of that?

20 A. With the greatest haste possible.

21 108 Q. Now, tab 30, Mr. Keeley makes another allegation against

22 you, which is in respect of Omeath. And at the top of the

23 first page there, page 20, at question 97, he is asked:

24 "Question: Prior to the 20th March 1989, what

25 assistance had Owen Corrigan provided to the

26 IRA?

27 Answer: Well, I told you what I was told, the

28 stories I was told by 'Mooch' and them people

29 about the Omeath stuff.

30 Question: No. I am not trying to trick you

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 42

1 out. Omeath was in August 1989, some five

2 months after the murders of the two RUC

3 officers. So on the day of the murder of the

4 RUC officers when Mr. A said to you 'our friend

5 helped us out', you must have, you couldn't

6 have known about Omeath at the time, isn't that

7 so?"

8

9 But he proceeds to go on there and deal with Omeath. Do

10 you know what he is talking about, the Omeath is a large

11 bomb-find by the guards in August '89?

12 A. That's right.

13 109 Q. A bomb-find that seems to be denigrated by the PSNI here

14 when they were questioning you. But what is your

15 recollection of that bomb-find? Was it a large bomb-find?

16 A. I don't know. I haven't -- because I wasn't dealing with

17 it.

18 110 Q. You weren't involved in it at all?

19 A. No, Mr. Connolly was dealing with that, and I've very,

20 very, very sketchy details in relation to it.

21 111 Q. Was this the one where you were up in the airplane? No, am

22 I confusing that, now?

23 A. That's Co. Meath.

24 112 Q. Is Omeath the occasion when you were up in the airplane?

25 A. No.

26 113 Q. Okay.

27 A. Omeath was the man -- in actual fact, the only man --

28 114 Q. Parker?

29 A. Parker is right.

30 115 Q. Okay. So, your recollection is, you weren't involved in

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 43

1 the --

2 A. No.

3 116 Q. -- Omeath. And the allegation against you is that you

4 organised for fingerprints to be destroyed and that was a

5 way of assisting the IRA. Is there any truth in that

6 allegation?

7 A. That never happened, sure.

8 117 Q. And you are aware of the evidence being given by the Garda

9 Siochana that, in fact, they got fingerprints from the

10 scene in Omeath. Are you aware of that?

11 A. That's right, I am aware of that.

12

13 MR. SMITH: Chairman, again, I don't want to interrupt

14 again. I don't wish to interrupt My Friend's flow. Just

15 to be clear what Mr. Keeley said in relation to Omeath. On

16 day 67 at question 53, Mr. O'Callaghan asked him: "Did he

17 specifically state to you 'our friend' has got rid of the

18 fingerprints?" Mr. Keeley's response to that was "No".

19 But he knew fingerprints were on the things and he had

20 assumed that's what it meant. So his evidence was that he

21 wasn't specifically told that fingerprint evidence had been

22 destroyed.

23

24 MR. O'CALLAGHAN: Okay, I thank My Friend for that

25 clarification.

26 118 Q. So Mr. Keeley isn't saying definitively that you destroyed

27 fingerprints; he is assuming that you destroyed

28 fingerprints. Is his assumption correct?

29 A. That would appear.

30 119 Q. No, is his assumption correct, Mr. Keeley's?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 44

1 A. No, it's not.

2 120 Q. Could I now ask you to go to tab 32, and I asked Mr. Keeley

3 to describe you on day 67, it's page 29. At question 158,

4 I said to him:

5 "Question: Describe him." -- that's you.

6 "Answer: When I seen him then he was actually

7 tall, he was very bulky then so he was.

8 Question: How tall was he?

9 Answer: A lot taller than me. I am only five-

10 five.

11 Question: Okay. How tall would you say he

12 was?

13 Answer: How tall? I am not great at heights,

14 sir, how long is a piece of string? To me, he

15 is asking me questions that I am not going

16 remember, the exact height of the man, what

17 colour is his shoes, that's the next one.

18 Question: Was he tall or short?

19 Answer: He was taller than me but shorter than

20 some of the guards. Is that any help to you?

21 Question: No, it's not.

22 Answer: You see, the questions he is asking

23 me --

24 Question. Was he fat or thin?

25 Answer: He wasn't thin, he was very bulky.

26 Question: Was very, very fat, is that what

27 you are saying?

28 Answer: I am not saying he is fat, but he

29 would have been overweight.

30 Question: Was he bald or he did he have hair?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 45

1 Answer: He had hair.

2 Question: Did you notice anything distinctive

3 about his speech?

4 Answer: Not really, no.

5 Question: Did he speak to you?

6 Answer: I can't remember if he interrogated me

7 in this thing but, you see, again, what colour

8 is his shoes, that's the next one, is it?

9 Question. No, it's not. I am asking you about

10 his speech.

11 Answer: He has a southern accent."

12

13 The next tab, tab 33, Mr. Dillon, on behalf of the

14 Tribunal, suggested to you that, in fact, Mr. Keeley

15 described you very well. Do you agree with that,

16 Mr. Corrigan?

17 A. I can't recall now.

18 121 Q. Well, he says that you are taller than five-foot-five but

19 you are smaller than some guards. Like, presumably there

20 are guards who are six-foot-five, six-foot-six?

21 A. That's a very general statement, yeah.

22 122 Q. So, do you think Mr. Keeley gave an accurate description of

23 you?

24 A. I don't know. I haven't heard him give an accurate

25 description.

26 123 Q. Okay.

27 A. I am asked to take deductions from something without having

28 any particulars.

29 124 Q. Okay, that's fair enough. Could I ask you then to go to

30 tab 34. And the reason I asked Mr. Keeley these questions

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 46

1 is because, on the 14th November 2004, the Observer

2 newspaper published an article on foot of an interview with

3 Mr. Keeley, and, during that interview, Mr. Keeley told the

4 author of the article, Mr. McDonald, that the reason he

5 knew you was that you had arrested him. And Mr. Keeley

6 said to Mr. McDonald in 2004, "I was interrogated by

7 Corrigan in Dundalk Garda Station at one stage. We all

8 knew about Corrigan. It was basically the worse-kept

9 secret within a certain group of IRA men."

10 Now, I then asked him, if you look at tab 34 and if you go

11 to the second page, page 25, I asked him about whether or

12 not he interrogated -- you interrogated him. And at

13 question 134, the following exchange takes place:

14

15 "Question: The only time you encountered him?

16 Answer: In the garda station.

17 Question: Okay. And did he arrest you?

18 Answer: No, he didn't arrest me.

19 Question: Did he interrogate you?

20 Answer: He came into the interrogation room

21 because I remember him coming into it.

22 Question: Did he interrogate you?

23 Answer: He was in the interrogation room when

24 I was getting interrogated, well spoken to, it

25 wasn't even an interrogation.

26 Question: Did he interrogate you ?

27 Answer: He came into the room and the

28 detectives were in the interrogation room.

29 Question: Mr. Keeley, it's a very simple

30 question: was the retired detective

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 47

1 sergeant one of the people who

2 interrogated you when you were arrested and

3 held in Dundalk on the 30th June 1989?

4 Answer: He came into the room when I was

5 interrogated, being interrogated by --

6 Chairman: Did he interrogate you himself?

7 Answer: He was in the room when other

8 detectives were talking to me, but I would

9 count those people in the room --

10 Chairman: did he not take part in the

11 interrogation?

12 Answer: I can't remember, but he was in the

13 room.

14 Mr. O'Callaghan: Your evidence is you can't

15 remember whether he interrogated you or not?

16 Answer: Well he was in the room, he came into

17 the room.

18 Question: Okay. But you can't remember

19 whether he interrogated you or not?

20 Answer: I can't remember the names of the

21 other people either.

22 Question: I am not asking you that question.

23 You can't remember whether Owen Corrigan

24 interrogated you or not, is that correct

25 Answer: No, that's correct."

26

27 Do you recall ever arresting Mr. Keeley?

28 A. No.

29 125 Q. Do you recall ever interrogating him?

30 A. No. Sure, I never seen him. I wouldn't know him.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 48

1 126 Q. Okay. Now, the next tab is tab 35, and I suppose this

2 relates to evidence Mr. Keeley gave about the meeting in

3 Fintan Callan's Céilí House, and he says that there were

4 two abductions of Tom Oliver.

5 A. Yes.

6 127 Q. I know you weren't in the guards at the time, but from your

7 information and recollection, is that correct?

8 A. No, it's not correct.

9 128 Q. Mr. Keeley told the Chairman that he was part of the gang

10 that tied up Mr. Oliver, tied him up like a chicken, is

11 what Mr. Keeley said, and had him in the back of a van?

12 A. That's right, yes.

13 129 Q. And then he says that he subsequently released him and he

14 was -- that they subsequently released him and then he was

15 subsequently kidnapped again. Are you aware of any

16 information in respect of corroborating what he has said?

17 A. No, absolutely none. Tom Oliver, there was only one

18 kidnapping of him.

19 130 Q. If you could now go to tab 37. I have finished now with

20 Mr. Keeley, Mr. Corrigan, okay?

21 A. Yes.

22 131 Q. And you know that the nature of his evidence against you is

23 very tenuous. He simply says that he heard that 'our

24 friend' helped out after the murders, that's the extent of

25 it. Okay. Now, I want to look at Mr. Hurst. And at tab

26 37, there is an excerpt from day 92, page 88. First of

27 all, had you ever heard of Mr. Hurst during your time as a

28 guard?

29 A. No.

30 132 Q. You know he has written a book?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 49

1 A. I have heard of that, I didn't read it now.

2 133 Q. It's called ''. And, of course, Mr. Keeley is

3 also an author. Have you read Mr. Keeley's book?

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

5 134 Q. So both of them have certain things in common: they have

6 both written books and they both have two names?

7 A. Absolutely. They are both liars, yeah.

8 135 Q. Page 88, at the bottom of day 92, Mr. Hurst is asked the

9 following: Question 431:

10 "Question: Do you have any good linking Owen

11 Corrigan in colluding with the IRA in the

12 murder of those two RUC officers?

13 Answer: No, not directly.

14 Question: Do you have any information linking

15 Owen Corrigan in colluding with the IRA in the

16 killing of those two RUC officers?

17 Answer: Only what the Cipher 82, we have

18 discussed.

19 Question: Okay. Are you stating that Witness

20 82 said to you the Owen Corrigan leaked

21 information to the IRA that assisted them in

22 murdering the two officers?

23 Answer: I think that would be a general

24 description of that conversation, yeah.

25 Question: What did Witness 82 say to you?

26 Answer: That's what I have just explained to

27 you, that we had a general discussion that Mr.

28 Scappaticci and Owen Corrigan had been involved

29 and had relayed information to Witness 82 via

30 Scappaticci that there had been some

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 50

1 involvement with Mr. Corrigan.

2 Question: Where did this conversation with

3 Witness 82 take place?

4 Answer: In Thiepval on a football...

5 Question: When did it take place?

6 Answer: In social surroundings.

7 Question: Who brought up the topic of the

8 murder of Breen and Buchanan?

9 Answer: Well it was a pretty -- it was well

10 reported and it is what you might call a

11 spectacular.

12 Question: I thought you said earlier it wasn't

13 really a matter of relevance for the army?

14 Answer: Not for the army, I am talking

15 generally."

16

17 Then, if you go over the page to page 90, and if you just

18 look at the answer to question 439, Mr. Hurst says:

19

20 "Answer: Okay, sir, Cipher 82 told me that

21 Mr. Corrigan was being handled by Mr.

22 Scappaticci and had admitted or passed

23 information to the IRA which was used in the

24 attack upon Mr. Breen and Mr. Buchanan, and it

25 was the communication. There was no specific

26 details because it wasn't in the context that

27 we were discussing it.

28 Question: Did you take from it that Mr.

29 Scappaticci had told Witness 82 that

30 Mr. Corrigan had given him this information?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 51

1 Answer: Yes.

2 Question: So your evidence is that Owen

3 Corrigan leaked information to Freddie

4 Scappaticci which had the effect of resulting

5 in the death of these two officers?

6 Answer: No, no, no, no. I am not saying the

7 information was leaked to Mr. Scappaticci, what

8 I am saying to you is that Mr. Scappaticci was

9 making it aware that Mr. Corrigan had leaked it

10 to members of the IRA."

11

12 Now, first of all, did you know Freddie Scappaticci?

13 A. No, never met him.

14 136 Q. I think, and this may be with the passage of time and your

15 memory is not helping you, but I think you did prepare C77s

16 in respect of Freddie Scappaticci?

17 A. Oh, I did, yeah, but that would be -- that would be -- I

18 must explain to you, Mr. Chairman, that this would be -- we

19 had 500 activists in Dundalk, and that meant -- when I

20 went, there was just in excess of 40, so I brought it up -

21 my team, rather, brought it up from 40 to 530, I think, but

22 I wouldn't be aware of every single individual that was

23 coming in and out. Sure, they were coming in and out like

24 a train station and there was a lot of work involved in --

25 because, you see, the precursor to listing anyone in the --

26 as members of the IRA, was, first and foremost, who he was

27 associating with, what he was doing, if he was on --

28 involved in robberies or any type of crime, good, bad or

29 indifferent, and you'd build up a profile of him before a

30 decision would be made, and then we'd have a discussion, a

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 52

1 collective discussion, about -- amongst ourselves, to see

2 if it warranted. So, as you can appreciate, I had -- it is

3 a lot of work, so I had a full-time secretary. So, after

4 the discussion with the rest of the lads, I would draft out

5 the file on this particular individual, any particular

6 individual, and he would process it, type it, file it and

7 send it up to the Commissioner. So that's the way, like --

8 the same thing happened with Paddy O'Callaghan. If --

9 people report here. I didn't know Paddy O'Callaghan. I

10 didn't know Paddy O'Callaghan. I wrote about him in the

11 course of my correspondence, but Paddy O'Callaghan was

12 Paddy O'Callaghan, the same as 500 others. Just before I

13 finish, Mr. --

14 137 Q. No problem.

15 A. I wouldn't have spent ten hours on outdoor duty in the

16 week, Mr. Chairman, because I was fully flat-out in

17 administrative work, trying to keep -- setting out all the

18 duties of the subordinate members and alternations, people

19 going sick, holidays, changes, and all that, and I wouldn't

20 have time to be out seeing these people, and except I was

21 there when they were actually brought in, I wouldn't have

22 an opportunity of physically -- I wouldn't know

23 Mr. Scappaticci if he walked into the room.

24 138 Q. Are you aware that your solicitor has written to the guards

25 inquiring whether there are C77s that you generated in

26 respect of Patsy O'Callaghan and Freddie Scappaticci, are

27 you aware that that --

28 A. I am aware, and I would say, without any real credence, but

29 I would say that I would have written and reported on both

30 of those individuals.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 53

1 139 Q. Well, that's the response that was given by the Gardaí to

2 your solicitor, and that's something that perhaps the

3 guards will deal with in their re-examination or

4 cross-examination.

5 Were you handled by Freddie Scappaticci?

6 A. No, I was not.

7 140 Q. Mr. Corrigan, we have to ask you these questions because

8 the allegation has been put out there by Mr. Hurst.

9 A. Sure, I have already told you, Mr. O'Callaghan, I don't

10 even know the man.

11 141 Q. Okay. Now, tab 38, more evidence from Mr. Hurst on day 92,

12 and if you go to the second page, page 44, you'll see at

13 the bottom of that page, at question 210, where Mr. Hurst

14 is asked the following question:

15

16 "Question: Are you saying that the

17 intelligence documents that you saw suggested

18 that Mr. Corrigan was leaking information to

19 the IRA?

20 Answer: Yes, yes.

21 Question: Can you give us any idea as to, for

22 example, the content of one of those

23 allegations that were being made?

24 Answer: As I have explained to you previously

25 in private investigative session the best place

26 to go and source that documentation is to go

27 and obtain the actual intelligence documents,

28 as I did with Lord Stevens, and to give an

29 example, Stevens one, Stevens two didn't

30 obtain any intelligence documents until Stevens

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 54

1 three, and then I showed him where to go and

2 look and they obtained from the MOD forms 24

3 and MOD forms 102s, all the documents which

4 proved that there had indeed been collusion."

5

6 Did you leak information to the IRA as suggested by

7 Mr. Hurst?

8 A. I most certainly did not. And I think it's the greatest

9 insult to my integrity.

10 142 Q. Some people here have tried to suggest, Mr. Corrigan, when

11 they are questioning you, that, in some respect, you are

12 tolerant or you are sympathetic towards the IRA. What do

13 you say to that insinuation that has been advanced at the

14 Tribunal?

15 A. Well, I find a lot of the comments, including comments in

16 relation to several of my matters that were raised, very

17 hurtful, including the allegations that was made by counsel

18 for the Tribunal that I was malingering and that I was

19 guilty of deception, which I found to be deeply offensive.

20 143 Q. We will deal with that presently. But in terms of the

21 insinuation that you were sympathetic to the IRA during

22 your 30 years in Dundalk, is that correct?

23 A. Well, what I will say to that, you have had enough people

24 up here to give you a true, accurate account of that

25 statement to see how ridiculous it is, and anyone that

26 would issue such a statement in respect of me, would be

27 issuing it with total and absolute malicious intent.

28 Nobody was more opposed to the IRA, and fought every day of

29 my life and was well-known for my antagonistic approach to

30 them. So I don't know where the source of that was, but it

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 55

1 would be certainly mischievous to be coming from somebody

2 that had something to say derogatory about me.

3 144 Q. And isn't it the case that the Provisional IRA murdered

4 many of your colleagues in the Garda Siochana?

5 A. Absolutely.

6 145 Q. And, indeed, members of the defence forces, isn't that

7 correct?

8 A. Absolutely, including members from Dundalk in '84, the full

9 unit from Dundalk went up to Drumree post office,

10 Co. Meath, 13 of them from Dundalk, every one of them, and

11 we arrested every one of them and charged them.

12 146 Q. Do you see any irony in the fact that after 30 years of

13 murdering people, that this State --

14

15 CHAIRMAN: Do you want a few minutes' recess, Mr. Corrigan,

16 or Mr. O'Callaghan?

17 A. No, it's okay. Thank you very much, Mr. Chairman.

18

19 MR. O'CALLAGHAN: You are okay now, Mr. Corrigan?

20 A. Yes.

21 147 Q. You are aware, Mr. Corrigan, that the Chairman is

22 conducting this inquiry because he's been asked by the

23 Oireachtas to carry out the inquiry?

24 A. Oh, absolutely, yes.

25 148 Q. And he has no option but to investigate this because the

26 State has said to him "we want you to investigate this

27 issue," you are aware of that?

28 A. Yes, I understand fully the Chairman's situation.

29 149 Q. Do you see any irony, and perhaps it's a comment you may

30 wish to make, do you see any irony in the fact that this

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 56

1 State, after 30 years of violence from the IRA, decides

2 that the one issue it will decide to investigate is Garda

3 behaviour in that alleged collusion with the IRA?

4 A. I wouldn't say it's the only one, now. The terms of

5 condition were to investigate all terms of the security

6 forces in general, you know.

7 150 Q. But the Chairman is mandated to inquire into Garda

8 collusion or collusion by civil servants in IRA murders?

9 A. That's right, I understand now that's his situation.

10 151 Q. Could I ask you to go to tab 40. More of Mr. Hurst's

11 evidence, page 54, on day 92, bottom of the page, question

12 274:

13 "Question: What connection was there between

14 Mr. Scappaticci and Mr. Corrigan?

15 Answer: Oh, Witness 82 told me that Mr.

16 Scappaticci effectively acted as the conduit

17 for information, in other words the handler of

18 Mr. Corrigan.

19 Question: That is Witness 82?

20 Answer: I apologise, yes.

21 Question: He told you that?

22 Answer: Yes."

23

24 So you will see, I think, from Mr. Hurst's evidence,

25 Mr. Corrigan, that everything he says about you was told to

26 him by Witness 82, you are aware of that?

27 A. That's right, yeah.

28 152 Q. So he says -- he comes to the Chairman and he says Witness

29 82 told me Corrigan was handled by Scappaticci, Witness 82

30 told me Corrigan was leaking information, Witness 82 told

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 57

1 me that Corrigan had an involvement in Breen and Buchanan

2 murders.

3 Fortunately, Witness 82 is alive and well and he came to

4 the Tribunal on the 25th April 2012, and some of his

5 evidence is at tab 41.

6

7 And if you could go to page 157, I want to try and cut out

8 all of the long question, but at page 157, about five lines

9 from the top, I ask him:

10 "Are you aware of any document of that nature

11 referring to Owen Corrigan?"

12 That's a document referring to you as being a rogue guard.

13 And Witness 82 said:

14 "Answer: I have never seen a document

15 referring to Mr. Corrigan, as far as I can

16 recall."

17

18 Then, over the next page, page 158, at question 816, he is

19 asked the following -- Mr. Hurst was asked:

20 "Question: Further down, page 43, line 25, he

21 was asked 'are you saying that the

22 intelligence documents that you saw suggested

23 that Mr. Corrigan was leaking information to

24 the IRA' to which he said 'yes, yes'. I think

25 you have made it clear to the Chairman that you

26 haven't seen any such documents?

27 Answer: I have seen no such documents."

28

29 And then if you could go to the last -- page 160 in that

30 tab, and just question 821. At the end of question 821, he

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 58

1 asked, Witness 82 is asked:

2 "Question: Did you have conversations with

3 Mr. Hurst about Mr. Corrigan?

4 Answer: Well, I had no information about

5 Mr. Corrigan, so, to the best of my knowledge,

6 I don't see how I could have had that

7 conversation with Mr. Hurst."

8

9 Then, if you go to the next tab, Mr. Corrigan.

10 A. What number is that, Mr. O'Callaghan?

11 153 Q. 42.

12 A. Yeah.

13 154 Q. And at question 888, it is put to Witness 82 the evidence

14 that was given by Mr. Hurst about you colluding with the

15 murders of Breen and Buchanan and you colluding with

16 Mr. Scappaticci, and the answer to question 888 from

17 Mr. Hurst, when he was asked did he have such a

18 conversation, and he says:

19 "Answer: No, no, not that I can recall. I am

20 not aware of any such relationship, as I have

21 said, between the individuals mentioned, and

22 therefore I can't see how I could have had that

23 conversation with him.

24 Question: He goes on to say, as you will see

25 further down the page starting at page 23, the

26 conversation took place in Thiepval, he said on

27 a football pitch and then he said in social

28 surroundings. As you say, you have no

29 recollection of this conversation, is that

30 right?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 59

1 Answer: Not only have I no recollection of it,

2 I am highly sceptical that I could have had

3 that conversation with him, inasmuch as I was

4 never in that possession of that information,

5 to the best of my knowledge."

6

7 And he continues there to state he never said these things

8 to Mr. Hurst. What does that lead you to believe about the

9 evidence given by Mr. Hurst?

10 A. Well, it proves that he is totally unreliable.

11 155 Q. And could I ask you to go to the last page in that tab, and

12 it's the transcript, it's in a different format, it's in

13 page 13, and it's entitled "Witness 82, D93". And just in

14 the middle of it, at line 13, I had asked Witness 82 why

15 did he think that Mr. Hurst was making up all these

16 allegations about you, and the question I put at question

17 911, is:

18

19 "Question: What do you believe, and it is only

20 your opinion, Major, what do you believe is

21 Mr. Hurst's motivation for his career, whereby

22 he is writing about his position in the FRU and

23 his telling, publicly, information he has about

24 intelligence, what do you believe is his

25 motivation in all of this?

26 Answer: Well, I think he has made a career out

27 of it, so I can only assume that it's because

28 of that. He has got a career in it, he is

29 earning money out of it."

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 60

1 Do you believe that provides an explanation as to why

2 Mr. Hurst came here and gave false evidence about you?

3 A. Oh, I would accept that fully.

4 156 Q. And you are aware that Mr. Hurst said that he mentioned

5 your name to Garda Basil Walsh and Peter Maguire, he said

6 he came to the guards and he said "Corrigan is a bad egg,"

7 blah-blah-blah. They have given evidence, which is at tabs

8 43 and 44, I don't need to open it, of day 93 and 94, they

9 gave evidence stating that that simply didn't happen; you

10 are aware of that?

11 A. I am indeed, Mr. Chairman, yeah.

12 157 Q. Now, near the back of this book, Mr. Corrigan, you may

13 recall during your examination-in-chief by Mr. Dillon, that

14 at one stage you gave evidence about when you became aware

15 of Kevin Fulton, or Peter Keeley, for the first time; do

16 you remember Mr. Dillon was asking you and you said some

17 guard had approached you, Jim Sheridan had approached you

18 outside Dundalk Garda Station?

19 A. No, the other way around. I just asked him, I was passing

20 by the Garda station, he was coming out to his car.

21 158 Q. And there was -- I put the transcript of the evidence in

22 here, but ultimately, you said that you believed it was

23 sometime around 2000, but --

24

25 MR. DILLON: This may be of assistance. The Tribunal has

26 been able to make contact with now-Chief Superintendent

27 Sheridan, and he confirms there was a meeting. He does not

28 recollect what was said, but he confirms there was a

29 meeting when he was a Superintendent in Dundalk and that

30 was between the years 2005 and 2010.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 61

1 A. Well, I'm not in a position now to -- 2

3 MR. O'CALLAGHAN: Well, that's a helpful interjection.

4 A. Yeah, it's --

5

6 MR. O'CALLAGHAN: Let me speak for a second, Mr. Corrigan.

7 That's a helpful interjection by Mr. Dillon, Chairman,

8 because there was some confusion. I think the reason why

9 the Tribunal was interested, Mr. Corrigan in his evidence

10 may have indicated it was much earlier.

11 A. That's right.

12 159 Q. But do you accept it was obviously between '05 and '10?

13 A. My consequent inquiries led me to believe it was ten years

14 later than I had originally thought it was, and that it was

15 in around 2009 or 2010.

16 160 Q. Okay.

17 Chairman, the good news is I am finished with Book 1, but

18 the bad news is I have a Book 2, I am afraid, but I'm going

19 to be able to get through it a lot quicker than Book 1.

20 Mr. Corrigan, Ms. McKevitt will hand up a book now which

21 will be of use. Do you have a copy, Mr. Corrigan?

22 A. Of which?

23 161 Q. Of Book 2?

24 A. No.

25

26 MR. O'CALLAGHAN: Chairman, I don't know if you have a

27 copy?

28

29 CHAIRMAN: I have a copy, yes. It's just been given to me

30 now.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 62

1

2 162 Q. MR. O'CALLAGHAN: Mr. Corrigan, we have finished now

3 dealing with Messrs Fulton and Keeley, and there is about

4 three or four more areas I want to deal with you, and the

5 first area I want to deal with is the famous SB50 from

6 1985, do you understand that?

7 A. Yes.

8 163 Q. And I want to start by asking you to look at Tab 1 of the

9 book which you have in front of you, and this is an excerpt

10 from the report of the Historical Inquiries Team into the

11 death of a man called William Francis McGreanary, okay.

12 The reason I refer you to it is the because, on the second

13 page on the tab, which is page 25, there is an assessment

14 of intelligence sources and intelligence material. I just

15 want to know do you agree with it, because it appears to

16 give a fairly balanced assessment of how intelligence

17 should be regarded. And the third paragraph from the

18 bottom of page 25, the report, which is from the PSNI

19 Historical Inquiries Unit says the following:

20

21 "Intelligence sources may be reliable or unreliable. There

22 are occasions when intelligence received is no more than

23 local gossip or rumour, or may even be given maliciously.

24 In all cases the intelligence has to be assessed, and steps

25 taken to ensure that it is disseminated to the

26 investigators of crime, due consideration is given to that

27 intelligence and acted upon where appropriate. Police take

28 every precaution to protect the identity of intelligence

29 sources."

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 63

1 Now, would you agree with that, what appears to be balanced

2 assessment, of how you should approach intelligence

3 information?

4 A. Absolutely.

5 164 Q. Now, the SB50 that was generated in 1985, was that SB50 or

6 the content of it ever brought to your attention between

7 1985 and 1992 when you left the guards?

8 A. No, no.

9 165 Q. Did anyone from the RUC ever mention it to you?

10 A. No.

11 166 Q. Did any garda every mention it to you?

12 A. No, no. Sure the guards, as far as I know, they weren't

13 aware of it.

14 167 Q. Now, at Tab 2 we have Witness X, who was the officer who

15 received the SB50 and who was, I think, the assessing

16 officer in respect of it. And he says, he was asked by

17 Mr. Valentine, on Day 93, at question 548 the following:

18

19 "Question: Witness X, do you recall whether

20 the intelligence information recorded here was

21 first-hand knowledge; in other words, did the

22 source perceive with his own eyes Mr. Corrigan

23 helping out the boys or it was a secondhand

24 knowledge?

25 Answer: As far as I would have been aware it

26 would have been secondhand.

27 Question: And by that do you mean that he

28 heard someone else say that --

29 Answer: Yes, like --

30 Question: -- that this was the case?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 64

1 Answer: Like hearsay, the same category as

2 hearsay evidence.

3 Question: In the same category as hearsay

4 evidence?

5 Answer: Yes.

6 Question: In other words, the source who

7 provided this information to your officers had

8 heard someone else say that 'Owen Corrigan, a

9 Sergeant in Garda Special Branch in Dundalk is

10 helping out the Provisional IRA'.

11 Answer: In all probability, yeah.

12 Question: How many SB50s of this nature would

13 have dealt with on a -- in your job?

14 Answer: On average, anything from 50 to 60 per

15 day."

16

17 Then the next page, page 98, Witness X gives his assessment

18 of this SB50.

19 At question 587 he is questioned:

20 "Question: When he received this intelligence

21 in 1985 that indicated that Detective Sergeant

22 Corrigan was helping out the Provisional IRA,

23 did you believe it?

24 Answer: To be quite honest, it didn't really

25 -- it didn't concern me. From my own point of

26 view, I didn't believe it.

27 Question: How would you have -- how did you

28 characterise the intelligence in your own -- I

29 know the grading was medium, but why did you

30 not believe it?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 65

1 Answer: Well again, as I say, like, it just

2 seemed to me like gossip more than

3 intelligence.

4 Question: Did it affect how you continued to

5 deal professionally with Detective Sergeant

6 Corrigan after that?

7 Answer: No, it didn't, no.

8 Question: So you continued to meet him in

9 exactly the same fashion that you had prior to

10 June 1985?

11 Answer: Well, we had different arrangements

12 for meeting, but I was advised not to -- on one

13 occasion, I was advised not to go back to

14 Dundalk Garda Station by Detective Sergeant

15 Corrigan."

16

17 Mr. Corrigan, are you aware -- don't name him -- are you

18 aware of who Witness X is?

19 A. No.

20 168 Q. But you -- obviously, he is a man whom you worked with?

21 A. Oh, yes, yeah. And remember, like, I have a very sketchy

22 recollection of him being in Dundalk Station and I going

23 through this public reception area and seeing two leading

24 Provos downstairs awaiting service, and I wouldn't allow

25 them -- I went upstairs then and I wouldn't allow them to

26 leave the situation until I put surveillance on those two

27 men and to follow them until their ultimate destination,

28 and when they were cleared I put another two men to escort

29 them to the border. I was extremely conscious at all times

30 that the presence of RUC in or around Dundalk or this

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 66

1 jurisdiction demanded that they be escorted at all times by

2 members of the Gardaí.

3 169 Q. What year would that have been about? That was when you

4 were in charge of Dundalk?

5 A. Yes.

6 170 Q. Mr. Dillon, when questioning you, said, well why didn't

7 you, you know, of your own accord, state in March 1989,

8 when Breen and Buchanan were there or when other officers

9 were coming, why didn't you give directions to

10 Superintendent Connolly, or whoever, that the car should be

11 put in the back?

12 A. Sure I couldn't -- it wouldn't be my job to do that.

13 171 Q. But the hierarchy in a garda station is that there are

14 people in charge and there are people below?

15 A. That's right. And with their elevated status comes

16 responsibility.

17 172 Q. Are you aware of how, at that time, the RUC graded

18 intelligence information?

19 A. No, not really, no.

20 173 Q. The way --

21 A. But I do know, without stopping you, Mr. O'Callaghan, I do

22 know that they had a much more lukewarm, or relaxed outlook

23 to . In other words, if one person was on leave

24 or anything, two or three or four members of the RUC would

25 know who that was. Where, with us, we kept

26 informants very, very close to our chest.

27 174 Q. You are aware that -- well are you aware that the

28 information, as opposed to the source, was graded from 1 to

29 6?

30 A. That's right.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 67

1 175 Q. And the best quality information is graded as 1?

2 A. Yeah.

3 176 Q. And the worst quality is graded as 6?

4 A. Yeah.

5

6 MR. DILLON: In fairness, I think the correct evidence

7 given by, I think it was Mr. McConville, should be put to

8 Mr. Corrigan, which is 6 meant it couldn't be tested.

9

10 MR. O'CALLAGHAN: Well, 6 couldn't be tested. But I don't

11 think there is any dispute that a 1 makes the information

12 more qualitatively better than a 6, I don't think there is

13 any dispute about that.

14 177 Q. Mr. Corrigan, I can't tell you what grading this SB50 got

15 in terms of the information because the PSNI won't let me

16 tell you and I can't question you about it, but I hope to

17 be able to return to the particular grading in due course.

18 A. I understand the position that you are in, Mr. O'Callaghan.

19 178 Q. Could you now go to tab 3, and I suppose the SB50 is

20 particularly interesting because an RUC officer who

21 received the information came here and identified to the

22 Chairman who his source was, which I think you'll accept,

23 Mr. Corrigan, is quite an unusual step, isn't that correct?

24 A. Not with the RUC. As I have explained already in my

25 earlier statement, they are quite expendable in the

26 operations of the RUC.

27 179 Q. Okay. At tab 3, we have Day 98, which is the evidence of

28 Witness Z, and the third question, slightly leading

29 question he is asked is:

30 "Question: Did you receive this information

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 68

1 from John McAnulty?

2 Answer: I did, yes."

3 So the RUC former officer has put out into the public

4 domain that he got the information about you from John

5 McAnulty; you are aware of that?

6 A. That's right.

7 180 Q. And evidence was also given by another witness, Witness Q,

8 and if I could ask you to look at tab 4, Day 100, page 37,

9 which is the second page in tab 4, Witness Q says the

10 following in respect of question 223 --

11 A. Just give me a second, Mr. O'Callaghan. Second page, is

12 it?

13 181 Q. Yeah, tab 4, second page, and question 223 at the top of

14 the page.

15 "Question: Okay, so if it's graded C6 it

16 wouldn't be medium, isn't that so?

17 Answer: In all probability, yes, it would be

18 medium but the reliability would be just a bit

19 more in question as regards how true it was --

20 if it was possible, probable, or otherwise."

21

22 And if you go to the next tab, which is tab 5, we have

23 Witness Z, who is the other former RUC officer who helped

24 compile the SB50. And he says, tab 5, page 56, question

25 249:

26 "Question: And, sir, the grading is given a

27 letter and a number, isn't that so?

28 Answer: Correct.

29 Question: And can you just remind me, the

30 numbers go from 1 to 6, is that correct?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 69

1 Answer: On the bottom line, yes. And on the

2 top line the letters go A to F.

3 Question: Okay, and what does, say, a 6 mean,

4 if it was graded as a 6?

5 Answer: A 6 would be fairly unreliable."

6

7 So you have no reason to doubt that evidence that was given

8 by the former RUC officer, have you, Mr. Corrigan?

9 A. I have none, no. I think he didn't attach much

10 significance to it either.

11 182 Q. Okay. Now, if I could ask you to go to tab 8, please, and

12 it was put to you by Mr. Dillon that there was an option

13 for the RUC not to feed this SB50 into the system, do you

14 remember that?

15 A. No, I can't recall.

16 183 Q. If you look at tab 8, and if you go to question 274 on day

17 107?

18 A. Yeah.

19 184 Q. "Question: Right, you are asked to apply your

20 policeman's mind -- now do you remember the

21 question?

22 Answer: No.

23 Question: -- to the circumstances where, on

24 the one hand, a witness says that what he has

25 received is tittle-tattle, very dangerous

26 tittle-tattle, doesn't warn you, doesn't warn

27 the handlers who provide the information, this

28 is all wrong, and in fact feeds it into the

29 system, goes up to Headquarters and indeed the

30 beginning of the process of opening a file

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 70

1 starts with the white slip."

2

3 And then if you go two pages forward, Mr. Corrigan, to page

4 63 of your examination, at line 12 -- I'll read out what

5 Mr. Dillon says from line 7. He says:

6 "No, I think I made it quite clear that the

7 superior officer didn't write any comment. I

8 didn't suggest for one moment, because I know

9 it is not the case, that an SB50 can be ripped

10 up, but I understand -- sorry, just bear with

11 me a second -- we can't do it today, I am

12 sorry, a witness needs to be called, but a

13 witness will be called who will deal with this

14 set of circumstances and I believe will confirm

15 the position that I have put to Mr. Corrigan;

16 namely, that it is possible if the -- if the

17 evidence is not believed or is considered not

18 believable, that that will be written on the

19 document itself or it can be dealt with in a

20 different way, but tearing it up does not

21 arise and I have never even suggested that the

22 document be torn up."

23 You are aware that question was put to you by Mr. Dillon?

24 A. Yes.

25 185 Q. And then a witness was called. Are you aware that Mr.

26 McConville came to give evidence on this point on day 108?

27 A. I was, yes.

28 186 Q. If you look at tab 9, I asked Mr. McConville whether or not

29 it was possible not to feed an SB50 into the system, as was

30 suggested, and at question 294, on day 108, I asked Mr.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 71

1 McConville:

2 "Question: And questions were put to

3 Mr. Corrigan last week by counsel for the

4 Tribunal suggesting that Witness X, who was the

5 submitting officer, would have been able not to

6 feed this SB50 into the system, would that have

7 been possible?

8 Answer: My understanding is that it wouldn't

9 have been possible. It would have been in the

10 system.

11 Question. Sorry, I didn't --

12 Answer: I will go slower. My understanding --

13 my knowledge -- my understanding would be that

14 it would not be possible.

15 Chairman: It would not be possible?

16 Answer: It would not be possible. It would

17 have been in the system on every occasion."

18

19 So, do you see from the evidence given by Mr. McConville

20 there, Mr. Corrigan, that once the SB50 was generated, it

21 couldn't be not fed into the system; you are aware of that?

22 A. I am aware of that, yes.

23 187 Q. Now, at tab 11, there is further questioning of Witness Z,

24 and rather than go through it all, I just want to say to

25 you what he said. He said he decided to give evidence here

26 when he became -- was made aware that there had been

27 disciplinary hearings instigated against you in relation to

28 the night that Mr. McAnulty was murdered?

29 A. Yeah...

30 188 Q. Now, were there every any disciplinary proceedings

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 72

1 instigated against --

2 A. Never.

3 189 Q. -- you for allegedly going missing on the night before?

4 Never?

5 A. Never.

6 190 Q. Okay. It's obviously difficult to remember what you were

7 doing back in July 1989 when, or was it August 1989, when

8 Mr. McAnulty was murdered, but you have now had the benefit

9 of a C77 that you generated before he was murdered, isn't

10 that so?

11 A. That's right.

12 191 Q. With the benefit of that C77, what do you believe you were

13 doing on the evening that Mr. McAnulty was kidnapped?

14 A. I was endeavouring to save the man's life.

15

16 CHAIRMAN: Well, could you explain how you were doing that?

17 A. Well, I was making contact -- there was a question of

18 moving the body, he was being moved from one place to

19 another in a certain area of north Louth, you know.

20

21 CHAIRMAN: He was dead at that stage?

22 A. Yeah... well I didn't know... I wasn't in a position to say

23 specifically, but it transpired he was.

24

25 MR. O'CALLAGHAN: So you produced a C77 after Mr. McAnulty

26 was kidnapped but before you were aware he was murdered?

27 A. That's right, yes.

28 192 Q. In order to put that information into that C77, would you

29 have had to go out and about and meet people and contact

30 your sources?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 73

1 A. Absolutely. It would have been easier for me to stay, hang

2 around the station and do nothing about it but I was out at

3 all times trying to save the man's life.

4 193 Q. Now, at tab 12, there is further evidence from Witness Z

5 that's relevant to the issue of Mr. McAnulty's safety. And

6 at tab 12, day 98, page 18, Witness Z is questioned at

7 question 50 as follows:

8 "Now, I think you learned, following his death,

9 that your source went around with an axe in his

10 car, is that right?

11 Answer: Yeah, I believe that after his death

12 the investigation turned up the thing that he

13 had become concerned for his safety and had

14 started to carry a hatchet in his car. I was

15 not aware of that prior to him actually being

16 murdered."

17

18 Would you agree with me that the unfortunate Mr. McAnulty,

19 if he was travelling around with an axe in his car, he was

20 concerned for his personal safety?

21 A. Yes, he was.

22 194 Q. Would you agree with me that he must have been aware that

23 there was a threat to his safety if he is travelling with

24 an axe in his car?

25 A. It would appear so, yeah.

26 195 Q. And indeed, Mr. Prenty gave evidence, and it's at tab 12A

27 of the book, he gave evidence on day 112, when he was

28 critical of your C77, but he did give relevant evidence as

29 to the level of knowledge about Mr. McAnulty's position.

30 And he said, at day 112, answer at line 10 --

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 74

1

2 CHAIRMAN: I don't seem to be able to find that.

3

4 MR. O'CALLAGHAN: Sorry, Chairman, is there a 12A in your

5 book?

6

7 CHAIRMAN: There is no 12A.

8

9 MR. O'CALLAGHAN: I apologise, Chairman, it's up on the

10 screen. This is the answer Mr. Prenty gave in respect of

11 your C77. And he said:

12 "Well, I have given evidence in relation to

13 piggy-backing and whatnot and the rest of it,

14 and misuse of information. Sending in a C77

15 saying that John McAnulty was smuggling and

16 that he was likely to bring in stuff into the

17 Northern Ireland and that the IRA would have

18 been become suspicious of him, would be, with

19 all due respects, tripe, as far as I was

20 concerned, because, as I say, every policeman

21 and every customs man in the border was aware

22 of what McAnulty was at..."

23

24 Now, I just want to pause there. I know you don't agree

25 with Mr. Prenty's assessment of your C77, but do you agree

26 with him where he says that everyone was aware, police

27 officers and customs officers were aware of Mr. McAnulty

28 and what he was at; that people were aware that the IRA

29 were suspicious of him?

30 A. That's right.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 75

1 196 Q. Okay. So it is not as show -- is it the case that you were

2 the only person who was aware that the IRA was suspicious

3 of John McAnulty?

4 A. Oh, no, absolutely not.

5 197 Q. Now, at tab 13, there is a lengthy excerpt from your

6 evidence on day 107 and 108, and you were questioned

7 extensively and repeatedly by Mr. Dillon as to why you

8 didn't warn John McAnulty that his life was danger. Do you

9 recall that?

10 A. I do, yeah.

11 198 Q. And I'll just give you some of the examples of it. On page

12 54, day 107 the first one: Question 243:

13 "Question: Why was no step taken to warn him?

14 Answer: Oh, I can't say now.

15 Question: Surely if you know that somebody is

16 in danger of being murdered, you take steps to

17 make sure that person is warned, isn't that

18 right?

19 Answer: Perhaps, yes.

20 Question: And you didn't do that, did you?

21 Answer: No, I didn't.

22 Question: Why?

23 Answer: I don't know.

24 Question: We know that Mr. McAnulty was the

25 man who reported you as being an informant for

26 the IRA, isn't that right?

27 Answer: Yes.

28 Question: Had that anything to do with it?

29 Answer: Pardon?

30 Question: Had that anything to do with it?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 76

1 Answer: No, I don't know, I can't speak for

2 Mr. McAnulty."

3

4 So Mr. Dillon is saying there to you why didn't you warn

5 Mr. McAnulty, but he is also suggesting to you that you had

6 knowledge of the SB50 in 1989 when Mr. McAnulty was

7 murdered, is that correct?

8 A. No, it's not.

9 199 Q. You didn't know anything about it?

10 A. No, I didn't know it until this Tribunal sat.

11 200 Q. And is there any evidence you are aware of in this Tribunal

12 indicating that if it was brought to your attention, has

13 anyone ever said that in this Tribunal?

14 A. No.

15 201 Q. Now, if you go over the next page, page 66, question 277:

16 "Question: Well now, let's just -- it comes

17 back to the question why wasn't he warned?

18 Answer: I don't know. I can't say that,

19 Mr. Dillon.

20 Question: And I am sorry to come back to the

21 point but you didn't warn him, isn't that

22 right?

23 Answer: I didn't, no.

24 Question: And you had this information?

25 Answer: I had, yes.

26 Question: Which might have saved his life?

27 Answer: Pardon?

28 Question: It might have saved his life if

29 he had been warned?

30 Answer. It might have, yes."

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 77

1

2 Can I just ask you that, what information did you have,

3 Mr. Corrigan, or did you have information suggesting that

4 Mr. McAnulty was going to be attacked or murdered, or was

5 it just general information about him that you had?

6 A. It was general information, you know, and there was an air

7 of apprehension in the area at the time, you know.

8

9 CHAIRMAN: It must have been a very strong feeling that he

10 was in danger. You say you felt his life was in danger?

11 A. That's right, because, you see, it was part of a time when

12 the IRA had taken. They went from time to time in periods

13 in the campaign where they dealt with persons who were

14 perceived to be giving information, and anyone that was

15 arrested in Northern Ireland, as Mr. McAnulty was, and on

16 very extensive charges and was released without being

17 charged, that immediately set off the alarm bells within

18 the investigative unit. They had their own investigative

19 unit, and it set off the alarm bells in the investigative

20 unit in relation to why, and that's why anyone that was

21 arrested and released without being charged was inevitably

22 kidnapped and interviewed, and, naturally enough, in a lot

23 of cases, the Gardaí would never become aware of that

24 because the people were afraid to report it.

25

26 202 Q. MR. O'CALLAGHAN: But is it the case, Mr. Corrigan, that no

27 source came to you and said John McAnulty is going to be

28 murdered?

29 A. No, no.

30 203 Q. No one said that?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 78

1 A. No.

2 204 Q. Just so as we're clear for the Chairman?

3 A. Absolutely.

4 205 Q. Or, no one came to you and said "John McAnulty is going to

5 be shot", is that correct?

6 A. No. And I mean, John McAnulty wasn't the only one that was

7 the source of similar threats; it was part of everyday

8 occurrence around the border.

9

10 CHAIRMAN: But you felt he was in danger?

11 A. Yes, as were a number of others.

12

13 CHAIRMAN: Yes...

14 A. Once any person became anything of an audacious nature,

15 they immediately brought themselves under the telescope

16 and, as I said to you, Mr. Chairman, from time to time,

17 sometimes it was okay, there was no action taken, and other

18 times there were, action was taken and the next thing was

19 you'd find them executed or their body dumped, in Northern

20 Ireland specifically.

21

22 206 Q. MR. O'CALLAGHAN: And Mr. McAnulty was involved in

23 smuggling, is that so?

24 A. Yes.

25 207 Q. Is it your evidence to the Chairman that anyone involved in

26 smuggling across the border at that time was under threat

27 from the IRA?

28 A. Yes, precisely, yes.

29 208 Q. Okay, so that's the source for your belief that he was --

30 A. And as I explained to you, they have to have the benefit in

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 79

1 kind when they are arrested. You see, this smuggling, you

2 are talking about 40 tonne of grain that is a subsidy from

3 the EU and that could be worth £3,000 to the smuggler each

4 time he crossed the border and had it stamped at the

5 outgoing customs post at Carrigenagh. So the more runs he

6 could do, it could accumulate into huge money. So that's

7 why I'm saying that it was periodic clampdown by the RUC in

8 relation to other members on the border. But some of the

9 members on the border were purely using the IRA for their

10 own self-preservation, Mr. Chairman.

11 209 Q. And we have seen Mr. Prenty give evidence to the Chairman

12 that he was aware that the IRA would have been suspicious

13 of John McAnulty. From your --

14 A. I don't know, I can't comment.

15 210 Q. From your experience, do you think other members of An

16 Garda Siochana, would, like Mr. Prenty, have been aware

17 that the IRA would have been suspicious of Mr. McAnulty?

18 A. Yes.

19 211 Q. You said you didn't report it to Mr. McAnulty. Was Mr.

20 McAnulty resident in Northern Ireland or the Republic of

21 Ireland?

22 A. In Northern Ireland.

23 212 Q. Okay.

24 A. He lived in Warrenpoint.

25 213 Q. Now, so if you were trying to notify him, would you agree

26 with me that the most appropriate way to do it would be to

27 contact the Royal Ulster Constabulary?

28 A. Yes.

29 214 Q. Now, in your evidence, and in fairness to you, you say

30 about this, but you're not sure, but do you believe that

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 80

1 you did contact the RUC?

2 A. Well, as I said, as I explained to you before,

3 Mr. Chairman, I can't say that I did and I can't say that I

4 didn't, and I had no reason for not having done so, because

5 everything else with the two leaders in Newry, which was

6 Number 27 and the other man now, I don't know his name,

7 they were the two men who were in charge in Newry during my

8 13 years, and anything that I had that was of benefit to

9 those, because they were -- both of them were here and

10 spoke very highly of me, and I didn't know -- I just want

11 to elaborate -- I didn't know any RUC men just to meet and

12 greet, I knew the two brave officers who were killed, but I

13 didn't know... there were a couple of other officers, now,

14 that... I don't know whether they are here or not because

15 they were appearing behind screens, but those two men in

16 Newry, I would have no reason to doubt why I didn't, but I

17 couldn't recall actually telling them about Mr. McAnulty.

18 215 Q. Okay. One of the things the Tribunal say is that there is

19 no document evidencing you telling the RUC about the threat

20 to Mr. McAnulty. Would it always be the case that if you

21 were passing on information to the RUC, that you would do

22 so in writing?

23 A. No. We'd never do it in writing.

24 216 Q. Okay. So if you did inform the RUC, it would have been

25 done at a meeting or over the phone, perhaps?

26 A. Absolutely... well, no, no, at a meeting, at a meeting on a

27 day to day... I was meeting those men at least twice every

28 week, so I don't... cannot categorically say that I did or

29 I didn't. I can't remember everything.

30 217 Q. Okay, you can't remember?

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 81

1 A. No.

2 218 Q. But on balance, looking back at how you operated your

3 career, do you think, on the balance of probabilities, you

4 probably did inform the --

5 A. I did. Well I have no reason to doubt because everything I

6 had otherwise within reason I passed it to them.

7

8 MR. DILLON: I am sorry to have to intervene again, but the

9 matter about there being a document was in relation to

10 evidence that Mr. Corrigan had given that he had reported

11 to his authorities, not to the RUC.

12 A. I don't think that was --

13

14 MR. DILLON: That's day 108 at page 31, question 120 and

15 the further questions.

16

17 MR. O'CALLAGHAN: Just on that point, Mr. Corrigan. Did

18 you... do you recall bringing it to the attention of the

19 Garda Siochana?

20 A. Oh, yes. Well I would, Mr. Dillon reminds me of that, but

21 despite that, that wouldn't alter the fact of whether I did

22 or did not inform the RUC. It doesn't add to or subtract

23 from the point of conjecture which is being alleged here,

24 or has been alleged.

25 219 Q. Now, if you go to the second-last page in the tab 13, it's

26 page number 54, and again it's from the examination of you

27 by Mr. Dillon, day 108. It's the second-last page, page

28 54, question 209. And question 209 is as follows:

29

30 "Question: So there was always the danger,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 82

1 rightly or wrongly, I am not for one moment

2 suggesting this is correct, but there was

3 always the danger that Mr. McAnulty might

4 report back that you had some alleged

5 involvement in the murders of Harry Breen and

6 Bob Buchanan, isn't that right?

7 Answer: Oh, I can't answer that.

8 Question: Because you see, this is what the

9 Chairman has to deal with which is there is a

10 persistent allegation that you had an

11 involvement in the murders of Harry Breen and

12 Bob Buchanan, which you deny?

13 Answer: From who?

14 Question: We know that. We know that.

15 Answer: From who?

16 Question: Well from Jeffrey Donaldson, from

17 Kevin Fulton, and we will deal with those."

18

19 At the time of the murders of Breen and Buchanan, Mr.

20 McAnulty was alive, isn't that correct?

21 A. That's right.

22 220 Q. And we know that Mr. McAnulty was providing information to

23 the RUC about you, because he did provide that in 1985,

24 isn't that so?

25 A. That's right.

26 221 Q. And you are aware that he provided no further intelligence

27 about you after that, are you?

28 A. Well I'm not aware that he did.

29 222 Q. Well, none has been produced by the RUC here and I would

30 suspect that if it had been there, it would be produced.

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 83

1 But, at the time of the murders, if Mr. McAnulty had

2 suspicions about you, he could have reported that to his

3 superiors, couldn't he?

4 A. He could have, yes.

5 223 Q. Because he was alive at that time. Now, at the next page,

6 is page 55, and this is the eighth occasion, at question

7 217, this is the eighth occasion upon which you were

8 questioned by Mr. Dillon as to why you didn't warn this

9 man, McAnulty. You recall you were asked that on numerous

10 occasions?

11 A. Yes.

12 224 Q. At question 217.

13 "Question: Good. I want to finish off now

14 with Mr. McAnulty. You see, I have to put it

15 to you that the evidence that you gave about

16 how you handled information that you had before

17 Mr. McAnulty was murdered is, to use a cliche,

18 it's a bit of a game changer because we know

19 now, the Chairman now knows, let's be quite

20 correct on this, that it was within your gift

21 to spare a man's life and you didn't do it?

22 Answer: I wouldn't say I didn't do it."

23

24 Now, effectively, there, counsel for the Tribunal are

25 suggesting to you that you allowed this man to die and you

26 didn't save his life when you could have saved his life.

27 Is that correct?

28 A. No, it's not correct. It's absolutely untrue and

29 mispresentation(sic) of the facts as they were. I did all

30 in my power, and I cannot say whether I did or I did not; I

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 84

1 have already explained that.

2 225 Q. But, like, you had no specific information, isn't it

3 correct, at the time that Mr. McAnulty was kidnapped that

4 he was going to be kidnapped, is that so?

5 A. No, absolutely.

6 226 Q. And all you had, is it correct, was a general suspicion

7 that because he was involved in smuggling, he was going to

8 be under threat from the IRA, isn't that so?

9 A. That's right.

10 227 Q. And that's something that Mr. Prenty has told us that

11 effectively everyone was aware of that, isn't that correct?

12 A. That's right.

13 228 Q. Now, the last thing I'll finish on today, Mr. Chairman, is

14 tab 14. You are aware of Tom Curran, is that correct?

15 A. Yes.

16 229 Q. He is a Superintendent that was based in Dundalk, is that

17 correct?

18 A. Monaghan.

19 230 Q. Monaghan, I beg your pardon, Monaghan. I want to read out

20 to you the evidence he gave to the Chairman on day 14 in

21 response to question 82. It's at page 15 of day 14, it's

22 the first page in tab 14.

23

24 Counsel for the Tribunal asked him:

25 "Now, was there another episode that happened

26 during those years that you felt was of value

27 to the Tribunal as coming within its terms of

28 reference?

29 Answer: Yes. Well, Mr. Chairman, at one stage

30 in my service in Monaghan during Bob Buchanan's

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 85

1 time there I was speaking to a man whom I

2 believed was a member of the IRA, and he told

3 me that Bob Buchanan was going to be shot, and

4 the words that he used, he says 'there is a

5 fella crossing the border there to see you and

6 he is going to be shot; he is on the list to be

7 shot.' You're never sure about the validity of

8 stories like that from informants but it was a

9 serious matter as far as I was concerned. I

10 wrote directly to Crime and Security giving

11 them that information."

12

13 Later on at question 85 he was asked:

14 "And did you believe your source?

15 Answer: Well I believed him as much as I

16 could."

17

18 So, you are aware that Tom Curran, and this occurred some

19 six to nine months before Superintendent Buchanan was

20 murdered...

21 A. Yes.

22 231 Q. That Tom Curran had information from a source who he

23 believed, as much as he could, an IRA man, that

24 Superintendent Buchanan was going to be shot?

25 A. That's right.

26 232 Q. And are you aware that he wasn't asked one question by

27 counsel for the Tribunal as to why he didn't inform Mr.

28 Buchanan? Are you aware of that?

29 A. I am aware of that and I found it absolutely astounding

30 that he wouldn't be asked the most important question here

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 86

1 at the Tribunal.

2 233 Q. And as I said to you, you were questioned, or asked on at

3 least eight occasions by counsel for the Tribunal why you

4 didn't bring the information about Mr. McAnulty to his

5 attention, isn't that so?

6 A. Yes.

7 234 Q. And it reached its crescendo when you have been accused of

8 not using your gift to spare man's life. Do you believe

9 that you were treated unfairly and differently to Mr.

10 Curran since he had information pertaining to a man who is

11 the subject matter of this inquiry and he was never

12 questioned about why he didn't approach him?

13 A. Oh, well that runs through the treatment that I received

14 right through from the Tribunal lawyers, that there was no

15 sense of fair play. The Tribunal's time was taken up with

16 repeat questions to me, which were very, very irrelevant

17 questions. And the fact that Mr. Curran received specific

18 information of the impending murder of one of the people

19 who has since lost his life and the Tribunal lawyers didn't

20 see fit to pursue this matter, I'll leave that to the

21 Chairman.

22

23 MR. O'CALLAGHAN: Chairman, I see it's coming to one

24 o'clock now. I'm not finished, there is another hour in my

25 examination. The rest of this book will be quicker,

26 Chairman, because I won't be opening all of the documents,

27 but, with your leave, Chairman, I'll stop there.

28

29 MR. DILLON: Very well, Chairman, that brings us to the end

30 of today, and indeed to the end of this term, if I can put

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 87

1 it that way.

2

3 One matter I should mention, and it's this: that mention

4 has been made of C77s relating to Fintan Callan's Ceili

5 House and relating to Mr. Scappaticci, and apparently we

6 have now learned that Messrs. Lawlor and Partners, who ares

7 the solicitors for Mr. Corrigan, have written to the Chief

8 State Solicitor asking for these documents. Now, the

9 position is that at this remove, I do not know whether

10 these documents have in fact already been disclosed to the

11 Tribunal. This has taken me, I won't say by surprise

12 because that sounds pejorative, I don't mean at that way,

13 but this is the first I have heard of it and I can't

14 recollect whether we already have those documents. But if

15 we don't, the Commissioner is under continuing obligation

16 to make disclosure and they should be -- in fact they have

17 to be provided to the Tribunal as soon as they become

18 available. But I make that point just to round off on that

19 question.

20

21 That being the case, there is nothing further for today and

22 it seems that we will reconvene at the earliest on the 28th

23 August.

24

25 CHAIRMAN: Unless, Mr. O'Callaghan, do you want to continue

26 cross-examination today?

27

28 MR. O'CALLAGHAN: Well, I have spoken to Mr. Corrigan about

29 this beforehand, Mr. Chairman, and I am conscious of what

30 Dr. Fasie says. He doesn't want to continue and he is in

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 88

1 --

2

3 CHAIRMAN: When do you propose that he will continue?

4

5 MR. O'CALLAGHAN: Whenever the Tribunal wants to.

6

7 MR. DILLON: Exactly, Chairman. I think that we will

8 reconvene -- as I said earlier on this morning, we expect

9 to deal with the issue of the redactions of Mr.

10 McConville's evidence, and that and the other matter of the

11 recently received intelligence, hopefully we will have made

12 progress on that. These are matters that the Tribunal

13 needs to go into, in fairness to Mr. Corrigan, as I

14 mentioned this morning, so that when Mr. Corrigan will come

15 back, it will be as soon as possible and for as short a

16 period as possible, of course, but we cannot say for sure

17 at this point a precise date, but it will be hopefully

18 towards the end of August.

19

20 CHAIRMAN: Very good. I think everybody will be informed

21 of the time, the date and time of the next sitting and the

22 venue in that case. Thank you very much.

23

24 MR. DURACK: I should say, just in relation to the matter

25 Mr. Dillon raised in relation to disclosure of those

26 documents, my understanding is that they have already been

27 disclosed to the Tribunal, but I'll confirm that.

28

29 CHAIRMAN: Thank you very much, Mr. Durack.

30

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 89

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Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 1

' 15:3, 15:13, 16:28, 18:8 40 [9] - 10:7, 10:8, 10:18, 821 [2] - 57:30 ADJOURNED [1] - 89:1 1992 [1] - 63:7 28:15, 29:10, 51:20, 85 [1] - 85:13 administrative [2] - 16:9, '05 [1] - 61:12 19th [1] - 14:11 51:21, 56:10, 79:2 88 [2] - 48:26, 49:8 52:17 '10 [1] - 61:12 1ST [1] - 1:1 400 [2] - 16:4, 16:5 888 [2] - 58:13, 58:16 admitted [1] - 50:22 '81 [1] - 37:9 41 [1] - 57:5 advanced [1] - 54:13 '82 [1] - 37:9 2 42 [1] - 58:11 9 advised [2] - 65:12, 65:13 '84 [1] - 55:8 43 [2] - 57:20, 60:8 affect [1] - 65:4 2 [3] - 61:18, 61:23, 63:14 9 [1] - 70:28 '89 [1] - 42:11 431 [1] - 49:9 afraid [2] - 61:18, 77:24 20 [4] - 12:24, 12:25, 90 [1] - 50:17 'are [1] - 57:21 439 [1] - 50:18 afternoon [1] - 2:19 18:20, 41:23 91 [1] - 8:28 'Brits' [1] - 34:12 44 [3] - 39:20, 53:12, 60:8 agent [1] - 23:13 2000 [3] - 25:18, 25:22, 911 [1] - 59:17 'By [1] - 39:23 469 [1] - 36:2 ago [4] - 21:15, 31:25, 60:23 92 [4] - 48:26, 49:8, 'gate [1] - 6:12 485 [1] - 19:3 36:25, 37:18 2003 [3] - 12:28, 13:10, 53:11, 56:11 'gate-crashing' [1] - 6:12 agree [20] - 8:11, 9:7, 25:12 'intelligence [1] - 28:30 5 93 [2] - 60:8, 63:17 9:13, 11:12, 15:29, 2004 [2] - 46:1, 46:6 'Mooch' [8] - 14:4, 16:27, 94 [1] - 60:8 15:30, 21:12, 28:12, 17:15, 17:28, 20:19, 2005 [1] - 60:30 5 [2] - 68:22, 68:24 95 [1] - 8:29 29:7, 30:9, 39:7, 41:8, 37:9, 37:15, 41:28 2009 [1] - 61:15 50 [3] - 10:11, 64:14, 73:7 97 [1] - 41:23 45:15, 62:15, 63:1, 'our [6] - 19:22, 19:24, 2010 [2] - 60:30, 61:15 500 [2] - 51:19, 52:12 98 [3] - 64:17, 67:27, 73:6 73:18, 73:22, 74:24, 41:8, 42:4, 43:17, 48:23 2012 [2] - 1:1, 57:4 51 [1] - 29:10 9th [2] - 12:28, 13:9 74:25, 79:25 'Owen [1] - 64:8 209 [2] - 81:28 52 [2] - 14:27, 16:21 Agreement [1] - 32:18 'The [1] - 32:27 20th [4] - 4:11, 4:16, 5:7, 53 [3] - 26:11, 26:12, A Ahern [1] - 34:8 'there [1] - 85:4 41:24 43:16 Ahoghill [1] - 32:25 abductions [1] - 48:4 'would [1] - 19:9 210 [1] - 53:13 530 [1] - 51:21 aim [2] - 1:23, 30:25 able [8] - 1:5, 1:28, 33:9, 'yes [1] - 57:24 217 [2] - 83:7, 83:12 54 [4] - 56:11, 75:12, air [1] - 77:6 60:26, 61:19, 67:17, 223 [2] - 68:10, 68:13 81:26, 81:28 airplane [2] - 42:21, 71:5, 74:2 228 [1] - 26:13 548 [1] - 63:17 42:24 1 absence [1] - 32:11 22A [2] - 40:5, 40:24 55 [1] - 83:6 alarm [3] - 6:29, 77:17, absolute [1] - 54:27 1 [7] - 61:17, 61:19, 62:8, 23 [3] - 5:15, 14:25, 58:25 56 [1] - 68:24 77:19 66:28, 67:1, 67:11, absolutely [31] - 5:26, 24 [2] - 19:29, 54:2 587 [1] - 64:19 alias [1] - 29:20 68:30 7:18, 8:13, 9:2, 9:8, 243 [1] - 75:12 alive [3] - 57:3, 82:20, 10 [3] - 39:14, 39:20, 10:5, 11:28, 12:6, 18:7, 249 [1] - 68:25 6 83:5 73:30 23:15, 25:5, 30:10, 25 [6] - 23:12, 23:25, allegation [13] - 12:18, 100 [2] - 23:26, 68:8 6 [9] - 66:29, 67:3, 67:8, 30:16, 34:7, 37:30, 46:11, 57:20, 62:13, 19:1, 34:27, 36:16, 67:10, 67:12, 68:30, 39:8, 41:11, 41:14, 102s [1] - 54:3 62:18 38:27, 38:30, 39:1, 69:3, 69:4, 69:5 48:17, 49:7, 55:5, 55:8, 107 [3] - 69:17, 75:6, 25th [1] - 57:4 39:4, 41:21, 43:3, 43:6, 60 [3] - 28:16, 29:7, 64:14 55:24, 63:4, 73:1, 75:4, 75:12 26 [1] - 25:29 53:8, 82:10 108 [5] - 70:26, 70:30, 62 [1] - 29:9 78:3, 83:28, 84:5, 85:29 27 [3] - 25:28, 26:1, 80:6 allegations [9] - 28:11, 63 [1] - 70:4 absolutely.. [1] - 80:26 75:6, 81:14, 81:27 274 [2] - 56:12, 69:16 30:11, 30:14, 36:14, 64 [3] - 26:11, 26:12, ACC [1] - 32:7 11 [1] - 71:23 277 [1] - 76:15 39:16, 40:29, 53:23, 28:13 accent [1] - 45:11 112 [2] - 73:27, 73:30 27th [1] - 1:11 54:17, 59:16 66 [1] - 76:15 accept [3] - 60:3, 61:12, 12 [4] - 5:12, 70:4, 73:4, 28 [1] - 35:28 alleged [7] - 27:5, 37:13, 67 [9] - 14:27, 16:21, 67:22 73:6 28th [5] - 1:13, 1:29, 2:5, 39:12, 56:3, 81:23, 18:29, 23:26, 35:29, accepting [1] - 25:2 120 [1] - 81:14 2:7, 87:22 81:24, 82:4 36:16, 39:15, 43:16, accepts [1] - 23:17 12A [3] - 73:26, 74:4, 74:7 29 [2] - 36:13, 44:3 allegedly [1] - 72:3 44:3 access [3] - 14:17, 22:13, 13 [8] - 8:15, 8:24, 55:10, 294 [1] - 70:30 alleges [1] - 16:23 680 [1] - 23:27 33:14 59:13, 59:14, 75:5, 29th [4] - 1:30, 2:1, 2:5, allow [2] - 65:24, 65:25 691 [1] - 24:26 accommodation [5] - 80:8, 81:25 2:25 allowed [1] - 83:25 24:6, 24:7, 24:20, 25:3, 130 [1] - 29:10 alter [1] - 81:21 [1] 41:4 134 - 46:13 7 alternations [1] - 52:18 3 [1] 14 [4] - 84:14, 84:20, accompanied - 13:7 7 [1] - 70:5 alternative [2] - 3:1, 3:2 84:21, 84:22 3 [2] - 67:19, 67:27 accord [2] - 6:13, 66:7 73 [1] - 35:29 amalgamate [1] - 8:20 14th [1] - 46:1 30 [5] - 32:28, 41:21, account [2] - 7:7, 54:24 75 [1] - 18:29 ambush [4] - 13:26, 15 [3] - 5:12, 5:15, 84:21 54:22, 55:12, 56:1 accumulate [1] - 79:6 76 [1] - 19:30 13:27, 20:17, 20:18 157 [2] - 57:7, 57:8 30th [1] - 47:3 accurate [3] - 45:22, 79 [1] - 28:17 Anglo [1] - 32:17 [2] 31 [3] - 9:9, 36:17, 81:14 45:24, 54:24 158 - 44:3, 57:18 Anglo-Irish [1] - 32:17 [2] [1] 317 [1] - 16:25 accused - 8:27, 86:7 160 - 57:29 answer [124] - 16:30, 32 [1] - 44:2 8 acquainted [1] - 16:3 18 [2] - 28:15, 73:6 17:6, 17:9, 17:15, 33 [2] - 37:18, 45:13 Act [1] - 28:27 1969 [2] - 6:21, 23:20 8 [3] - 36:16, 69:11, 69:16 17:18, 17:22, 17:24, 34 [2] - 45:30, 46:10 acted [2] - 56:16, 62:27 1979 [1] - 37:5 80 [1] - 8:3 17:30, 18:4, 19:7, 35 [1] - 48:1 acting [1] - 40:30 1980s [2] - 13:17, 14:8 81 [1] - 8:4 19:13, 19:19, 19:22, [4] action [2] - 78:17, 78:18 1985 [11] - 11:15, 11:20, 37 - 26:12, 48:19, 816 [1] - 57:18 19:24, 20:1, 20:4, 20:7, 48:26, 68:8 active [2] - 26:26, 27:5 34:26, 35:12, 35:15, 82 [20] - 49:17, 49:20, 20:9, 21:1, 21:5, 21:8, activists [1] - 51:19 62:6, 63:5, 63:7, 64:21, 38 [3] - 5:13, 5:14, 53:11 49:25, 49:29, 50:3, 21:10, 21:13, 21:19, actual [2] - 42:27, 53:27 65:10, 82:23 39 [2] - 8:3, 8:28 50:20, 50:29, 56:15, 24:1, 24:6, 24:8, 24:15, add [1] - 81:22 1989 [11] - 4:11, 4:16, 5:7, 56:19, 56:26, 56:29, 24:21, 24:23, 24:29, 41:7, 41:24, 42:1, 47:3, 4 56:30, 57:3, 57:13, addition [3] - 2:22, 10:17, 26:23, 27:22, 27:30, 66:7, 72:7, 76:6 58:1, 58:13, 59:13, 10:18 28:21, 29:2, 29:5, 4 [3] - 68:8, 68:9, 68:13 1991 [6] - 14:5, 14:12, 59:14, 84:21 adduce [1] - 1:16 29:19, 34:1, 36:6,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 2

36:23, 36:30, 37:3, arouse [1] - 33:4 5:20, 7:23, 8:1, 8:13, behaviour [3] - 30:26, 19:1, 20:18, 20:22, 37:6, 37:11, 37:14, arrangements [1] - 65:11 11:25, 12:8, 12:13, 31:8, 56:3 35:30, 36:10, 50:8, 39:27, 41:27, 44:6, arrest [2] - 46:17, 46:18 12:28, 13:5, 13:6, behind [3] - 13:2, 38:15, 50:24, 57:1, 58:15, 44:9, 44:19, 44:25, arrested [6] - 46:5, 47:2, 13:27, 14:28, 15:25, 80:15 66:8, 82:5, 82:11, 82:19 45:6, 45:11, 46:16, 55:11, 77:15, 77:21, 20:18, 22:16, 23:3, belief [3] - 4:6, 22:9, brief [1] - 1:6 46:20, 46:23, 46:27, 79:1 25:4, 25:7, 25:20, 78:29 briefly [1] - 4:10 47:4, 47:7, 47:12, arresting [1] - 47:27 25:23, 26:2, 26:16, believable [1] - 70:18 bring [2] - 74:16, 86:4 47:16, 47:20, 47:25, arrived [1] - 17:13 30:1, 31:15, 35:12, bell [1] - 33:6 bringing [1] - 81:18 49:13, 49:17, 49:23, article [4] - 24:9, 24:13, 35:16, 35:17, 36:1, bells [2] - 77:17, 77:19 brings [1] - 86:29 49:26, 50:4, 50:6, 46:2, 46:4 36:11, 36:21, 37:12, below [1] - 66:14 Britain [4] - 26:27, 27:1, 50:18, 50:20, 51:1, AS [2] - 1:1, 4:2 39:4, 39:9, 39:17, benefit [5] - 35:19, 72:8, 27:10, 27:13 53:20, 53:24, 56:15, aside [1] - 6:12 39:21, 40:1, 40:24, 72:12, 78:30, 80:8 British [24] - 22:10, 56:20, 56:22, 57:14, assessed [1] - 62:24 41:7, 41:12, 43:8, Bernard [2] - 8:1, 8:12 22:28, 23:14, 23:21, 57:27, 58:4, 58:16, 43:10, 43:11, 48:15, assessing [1] - 63:15 best [4] - 53:25, 58:5, 25:3, 30:18, 30:20, 58:19, 59:1, 59:26, 51:9, 51:22, 52:24, assessment [10] - 24:20, 59:5, 67:1 32:9, 33:30, 34:11, 63:25, 63:29, 64:5, 52:27, 52:28, 55:21, 27:25, 28:12, 29:7, better [6] - 2:7, 10:23, 34:13, 35:3, 35:8, 38:6, 64:11, 64:14, 64:24, 30:9, 62:13, 62:16, 55:27, 56:26, 57:10, 22:5, 34:11, 34:14, 38:10, 38:24, 39:17, 65:1, 65:7, 65:11, 68:2, 63:2, 64:17, 74:25 58:20, 60:4, 60:10, 67:12 40:1, 40:5, 40:13, 41:2, 68:17, 68:28, 69:1, 60:14, 63:13, 63:25, assistance [3] - 37:13, between [11] - 8:8, 22:25, 41:9, 41:10, 41:12 69:5, 69:22, 71:8, 41:25, 60:25 65:17, 65:18, 66:17, 25:5, 30:22, 34:2, 34:5, brought [9] - 7:3, 31:21, 71:12, 71:16, 73:11, 66:27, 68:5, 70:23, assisted [1] - 49:21 56:13, 58:21, 60:30, 50:7, 51:20, 51:21, 73:30, 74:10, 75:14, 70:25, 71:21, 71:22, assisting [2] - 36:21, 43:5 61:12, 63:6 52:21, 63:6, 76:12, 75:19, 75:21, 75:23, 71:26, 72:26, 73:15, associate [1] - 31:29 big [1] - 11:6 78:15 75:27, 75:29, 76:1, 73:22, 74:21, 74:26, associated [1] - 13:9 bit [4] - 1:5, 27:20, 68:18, Buchanan [22] - 4:14, 76:18, 76:23, 76:27, 74:27, 74:28, 75:2, associating [1] - 51:27 83:18 4:17, 7:12, 13:26, 76:30, 82:7, 82:13, 76:11, 77:23, 79:12, assume [1] - 59:27 blacken [1] - 11:1 13:30, 19:2, 20:17, 82:15, 83:22, 84:29, 79:16, 82:26, 82:28, assumed [1] - 43:20 blackening [1] - 11:11 20:22, 36:1, 36:10, 85:15 84:11, 84:14, 85:18, 50:8, 50:24, 57:1, assuming [1] - 43:27 blah [3] - 60:7 Answer [15] - 18:18, 85:26, 85:28, 85:29 58:15, 66:8, 82:6, assumption [2] - 43:28, blah-blah-blah [1] - 60:7 19:26, 21:21, 24:12, axe [3] - 73:9, 73:19, 82:12, 82:19, 85:3, 43:30 Blair [5] - 14:4, 16:27, 44:13, 44:22, 44:28, 73:24 85:19, 85:24, 85:28 astounding [1] - 85:29 20:19, 37:9, 37:16 45:1, 45:4, 46:18, 50:9, Buchanan's [1] - 84:30 at.. [1] - 74:22 block [1] - 2:14 50:14, 51:6, 64:1, 76:25 B build [1] - 51:29 Atlantic [1] - 24:10 boastful [1] - 23:3 answers [1] - 28:7 builds [1] - 8:22 atmosphere [1] - 6:23 background [1] - 4:5 boasting [1] - 8:27 antagonistic [1] - 54:29 bulky [2] - 44:7, 44:25 attach [1] - 69:9 backing [1] - 74:13 Bob [4] - 82:6, 82:12, anti [1] - 6:26 Burns [1] - 5:12 attached [1] - 41:1 backup [2] - 7:6, 35:23 84:30, 85:3 anti-English [1] - 6:26 bus [1] - 31:22 attack [3] - 31:3, 32:14, bad [6] - 26:6, 31:4, body [2] - 72:18, 78:19 Antrim [2] - 32:25, 32:30 bus-loads [1] - 31:22 50:24 33:26, 51:28, 60:6, bomb [4] - 42:11, 42:13, apologise [2] - 56:20, 42:15 business [1] - 8:6 74:9 attacked [2] - 31:24, 77:4 61:18 BY [1] - 4:1 attacks [3] - 26:27, 27:12, balance [2] - 81:2, 81:3 bomb-find [4] - 42:11, appalling [1] - 31:10 31:2 balanced [2] - 62:16, 63:1 42:13, 42:15 appear [2] - 43:29, 73:25 attempt [1] - 11:5 bald [1] - 44:30 bombing [4] - 36:25, C appeared [1] - 10:9 attention [9] - 1:12, 28:4, Ballycastle/Dunloy [1] - 36:29, 37:4, 37:18 appearing [2] - 23:2, C6 [1] - 68:15 30:25, 31:7, 34:3, 63:6, 32:30 bond [1] - 8:22 80:15 C77 [12] - 16:1, 16:2, 76:12, 81:18, 86:5 Bandit [1] - 32:6 book [11] - 12:19, 32:6, apply [2] - 10:9, 69:19 16:16, 16:17, 72:9, attention-seeking [1] - bang [1] - 33:10 32:11, 48:30, 49:3, appreciate [2] - 27:8, 72:12, 72:25, 72:28, 28:4 60:12, 61:20, 62:9, 52:2 bar [2] - 17:16, 17:17 73:28, 74:11, 74:14, au [1] - 23:22 based [2] - 29:26, 84:16 73:27, 74:5, 86:25 apprehension [1] - 77:7 74:25 audacious [1] - 78:14 Basil [1] - 60:5 Book [4] - 61:17, 61:18, approach [3] - 54:29, C77s [4] - 16:1, 51:15, audience [2] - 32:3, 32:4 61:19, 61:23 63:2, 86:12 basis [3] - 11:21, 24:28, 52:25, 87:4 AUGUST [1] - 1:1 34:26 books [1] - 49:6 approached [3] - 16:27, Cahill [1] - 9:27 August [9] - 1:10, 1:11, border [12] - 7:27, 15:23, 60:17 BBC [1] - 32:3 Callan [1] - 17:1 2:1, 37:5, 42:1, 42:11, 23:21, 31:28, 65:29, appropriate [2] - 62:27, BE [1] - 4:1 Callan's [14] - 14:5, 74:21, 78:8, 78:26, 79:26 72:7, 87:23, 88:18 bear [2] - 32:18, 70:10 14:30, 15:2, 15:12, author [2] - 46:4, 49:3 79:4, 79:8, 79:9, 85:5 April [1] - 57:4 became [9] - 9:16, 30:1, 15:25, 16:2, 16:23, authorisation [1] - 41:1 bottom [7] - 24:25, 36:15, area [6] - 15:23, 32:30, 31:5, 35:16, 36:21, 16:29, 17:1, 17:9, 49:8, 53:13, 56:11, 62:5, 65:23, 72:19, 77:7 authorise [1] - 28:27 39:21, 60:14, 71:26, 20:28, 41:16, 48:3, 87:4 authorised [1] - 32:6 78:14 62:18, 69:1 areas [1] - 62:4 campaign [1] - 77:13 boys [2] - 35:14, 63:23 authorising [1] - 28:25 become [5] - 37:12, ares [1] - 87:6 Campbell [5] - 32:24, authorities [1] - 81:11 73:13, 74:18, 77:23, branch [2] - 15:6, 30:1 arise [1] - 70:21 32:29, 33:5, 33:6, 33:9 Branch [3] - 5:1, 16:10, availability [2] - 1:6, 6:24 87:17 cannot [3] - 80:28, 83:30, Armagh [2] - 31:15, 33:12 64:9 available [2] - 11:18, been' [1] - 19:9 Army [8] - 23:21, 35:3, 88:16 branch-off [1] - 15:6 35:8, 38:6, 38:10, 87:18 beforehand [1] - 87:29 canvassed [1] - 1:11 branches [1] - 15:22 38:24, 40:5, 41:2 average [1] - 64:14 beg [1] - 84:19 car [15] - 13:18, 14:4, awaiting [1] - 65:24 began [2] - 29:24, 30:2 brave [1] - 80:12 army [6] - 31:20, 34:15, 14:28, 17:2, 17:13, bravery [1] - 9:28 34:19, 40:25, 50:13, aware [96] - 4:15, 4:19, beginning [1] - 69:30 17:22, 38:15, 41:15, Breen [18] - 4:14, 4:16, 50:14 4:20, 5:3, 5:8, 5:9, 5:19, behalf [1] - 45:13 60:20, 66:10, 73:10, 7:12, 13:27, 13:30,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 3

73:14, 73:19, 73:24 charge [3] - 66:4, 66:14, 40:30 convey [2] - 22:30, 23:1 22:10, 22:12, 22:13, care [1] - 3:8 80:7 complex [2] - 27:30, conveyed [1] - 1:24 22:22, 25:11 career [4] - 59:21, 59:26, charged [5] - 7:4, 32:16, 32:13 convicted [1] - 31:13 Cory's [1] - 22:16 59:28, 81:3 55:11, 77:17, 77:21 compulsive [1] - 29:15 convince [1] - 30:21 Cory.. [1] - 20:11 careful [1] - 8:26 charges [1] - 77:16 con [1] - 29:15 convinced [1] - 22:6 counsel [7] - 4:23, 54:17, carried [2] - 8:9, 27:12 check [1] - 9:23 concern [2] - 10:21, copy [3] - 61:21, 61:27, 71:3, 83:24, 84:24, Carrigenagh [1] - 79:5 chest [1] - 66:26 64:25 61:29 85:27, 86:3 carry [3] - 26:27, 55:23, chicken [1] - 48:10 concerned [4] - 73:13, correct [40] - 4:21, 5:22, count [1] - 47:9 73:14 Chief [5] - 4:16, 13:26, 73:20, 74:20, 85:9 5:23, 6:2, 7:25, 14:15, counter [1] - 31:3 carrying [2] - 27:4, 39:3 20:17, 60:26, 87:7 concession [1] - 15:7 19:6, 20:25, 21:5, counter-attack [1] - 31:3 case [14] - 1:10, 3:8, 8:26, chief [1] - 60:13 concrete [1] - 11:21 29:19, 36:4, 37:5, country [2] - 6:19, 39:10 10:2, 22:1, 41:15, 55:3, child [1] - 32:21 condition [1] - 56:5 37:10, 37:11, 40:19, Country [1] - 32:6 63:30, 70:9, 75:1, Cipher [2] - 49:17, 50:20 conducted [3] - 5:27, 40:28, 43:28, 43:30, County [2] - 6:29, 31:14 77:26, 80:20, 87:21, circles [1] - 6:30 5:30, 7:24 47:24, 47:25, 48:7, couple [2] - 31:22, 80:13 88:22 circulation [1] - 35:25 conducting [1] - 55:22 48:8, 54:22, 55:7, 67:6, course [16] - 9:29, 11:22, cases [2] - 62:24, 77:23 circumstances [2] - conduit [1] - 56:16 67:23, 68:28, 68:30, 18:26, 22:15, 29:28, Castleblayney [1] - 15:5 69:23, 70:14 confirm [3] - 16:19, 76:7, 78:5, 82:2, 82:20, 33:4, 33:21, 38:10, catch [1] - 27:4 civil [1] - 56:8 70:14, 88:27 83:20, 83:27, 83:28, 38:12, 40:3, 40:4, 41:3, categorically [1] - 80:28 civilian [1] - 5:4 confirmed [1] - 1:23 84:3, 84:6, 84:11, 49:2, 52:11, 67:17, category [2] - 64:1, 64:3 clampdown [1] - 79:7 confirms [2] - 60:27, 84:14, 84:17 88:16 Catholic [1] - 32:24 clarification [1] - 43:25 60:28 correspondence [1] - Court [1] - 7:4 caught [3] - 17:26, 18:9, clear [4] - 43:15, 57:25, confusing [1] - 42:22 52:11 cover [1] - 34:23 31:13 70:6, 78:2 confusion [1] - 61:8 corrigan [1] - 51:9 covert [1] - 29:25 caused [2] - 27:8, 31:26 cleared [1] - 65:28 conjecture [1] - 81:23 Corrigan [110] - 1:4, 1:8, crashing [2] - 6:8, 6:10 Ceili [1] - 87:4 clearly [1] - 26:22 connection [1] - 56:13 1:30, 2:20, 2:24, 4:5, crashing' [1] - 6:12 8:5, 8:9, 9:24, 9:25, certain [10] - 7:21, 22:1, cliche [1] - 83:17 Connolly [11] - 6:1, 6:3, created [2] - 27:20, 33:22 10:2, 11:10, 12:9, 26:1, 26:2, 26:9, 33:20, clientele [1] - 15:13 7:16, 7:28, 8:4, 8:10, credence [1] - 52:28 12:25, 12:29, 13:1, 34:5, 46:9, 49:5, 72:19 close [2] - 31:28, 66:26 8:29, 9:4, 9:12, 42:19, crescendo [1] - 86:7 13:19, 13:20, 13:29, certainly [10] - 1:22, 2:29, Co [2] - 42:23, 55:10 66:10 crime [3] - 7:7, 51:28, 14:14, 17:20, 17:21, 10:24, 14:6, 14:24, cognisance [1] - 32:8 Connolly's [2] - 6:14, 62:26 17:29, 18:3, 18:17, 16:11, 29:8, 34:10, colleagues [2] - 34:20, 9:11 Crime [1] - 85:10 18:23, 18:24, 20:1, 54:8, 55:1 55:4 Conroy [2] - 9:17, 9:18 Criminal [1] - 7:4 20:3, 20:5, 20:13, CHAIRMAN [23] - 1:26, collect [1] - 32:22 conscious [2] - 65:29, criminals [1] - 31:12 21:24, 22:27, 23:12, 2:5, 2:11, 2:27, 3:1, collecting [1] - 11:8 87:29 critical [1] - 73:28 24:26, 33:29, 34:24, 7:11, 11:1, 12:22, collective [1] - 52:1 consequence [1] - 21:30 cross [2] - 53:4, 87:26 35:10, 35:14, 35:21, 33:18, 40:18, 55:15, Collins [3] - 19:5, 19:15, consequent [1] - 61:13 CROSS [1] - 4:1 35:26, 36:1, 36:21, 61:29, 72:16, 72:21, 20:20 Conservative [1] - 32:9 cross-examination [2] - 74:2, 74:7, 77:9, 78:10, 36:26, 39:15, 39:25, colluded [2] - 12:10, 19:1 Conservative-led [1] - 53:4, 87:26 78:13, 87:25, 88:3, 40:2, 40:24, 41:25, colluding [7] - 34:25, 32:9 CROSS-EXAMINED [1] - 45:16, 46:7, 46:8, 88:20, 88:29 consider [2] - 2:17, 2:18 4:1 35:22, 37:28, 49:11, 47:23, 48:20, 49:11, Chairman [66] - 1:3, 1:21, considerable [2] - 27:2, crossed [1] - 79:4 49:15, 58:14, 58:15 49:15, 49:20, 49:28, 2:16, 4:4, 4:19, 5:5, 27:8 crossing [1] - 85:5 collusion [10] - 4:14, 50:1, 50:21, 50:30, 6:27, 7:23, 8:3, 8:24, consideration [1] - 62:26 Crossmaglen [2] - 15:6, 30:22, 30:27, 32:15, 51:3, 53:7, 53:18, 9:3, 9:18, 9:30, 10:2, 34:2, 34:4, 54:4, 56:3, considered [1] - 70:17 16:13 11:5, 12:19, 15:24, 54:10, 55:15, 55:19, 56:8 Constabulary [1] - 79:27 crowd [1] - 9:22 16:24, 16:26, 21:25, 55:21, 56:14, 56:18, Colonel [2] - 6:24, 6:25 contact [5] - 60:26, Crowley [3] - 10:21, 23:6, 25:8, 26:19, 56:25, 56:29, 56:30, colour [2] - 44:17, 45:7 72:17, 72:29, 79:27, 10:22, 10:23 30:19, 30:21, 32:19, 57:1, 57:11, 57:15, coming [12] - 10:25, 32:1, 80:1 Cullaville [2] - 15:8, 34:29, 38:8, 40:9, 57:23, 58:3, 58:5, 58:9, 35:10, 38:15, 46:21, contained [1] - 13:12 16:13 43:13, 47:6, 47:10, 60:6, 60:12, 61:6, 61:9, 51:23, 55:1, 60:20, contemplate [1] - 15:10 Curragh [1] - 6:29 48:9, 51:18, 52:16, 61:20, 61:21, 62:2, 66:9, 84:27, 86:23 content [2] - 53:22, 63:6 Curran [6] - 10:20, 84:14, 55:17, 55:21, 56:7, 63:22, 64:8, 64:22, commander [3] - 13:17, contention [1] - 10:19 85:18, 85:22, 86:10, 56:28, 57:25, 60:11, 65:6, 65:15, 65:17, 13:28, 20:19 contents [1] - 5:9 86:17 61:7, 61:17, 61:26, 67:8, 67:14, 67:23, Commanders [1] - 31:18 context [1] - 50:26 customs [3] - 74:21, 67:22, 71:15, 74:4, 69:8, 70:3, 70:15, 71:3, comment [3] - 55:29, continue [4] - 3:9, 87:25, 74:27, 79:5 74:9, 78:2, 78:16, 71:20, 77:3, 77:26, 70:7, 79:14 87:30, 88:3 cut [2] - 39:2, 57:7 78:25, 79:10, 79:11, 81:10, 81:17, 87:7, comments [2] - 54:15 continued [3] - 31:6, Céilí [12] - 14:5, 14:30, 80:3, 82:9, 83:19, 87:28, 88:13, 88:14 Commissioner [3] - 65:4, 65:8 15:2, 15:13, 15:25, 84:13, 84:20, 84:29, CORRIGAN [1] - 4:1 10:26, 52:7, 87:15 CONTINUED [1] - 4:1 16:2, 16:24, 16:29, 86:21, 86:23, 86:26, Corrigan's [1] - 37:13 common [2] - 28:3, 49:5 continues [2] - 19:30, 17:1, 20:28, 41:16, 48:3 86:27, 86:29, 87:29, corroborating [1] - 48:16 Commons [1] - 25:23 59:7 88:7 Cory [25] - 12:28, 13:4, communication [1] - continuing [2] - 1:4, Chairman's [2] - 11:11, 13:9, 13:25, 14:21, D 50:25 87:15 18:19, 18:20, 20:14, 55:28 D93" [1] - 59:13 compile [1] - 68:24 conversation [9] - 1:7, 20:16, 20:27, 20:30, changed [1] - 25:16 Daily [1] - 32:10 complain [1] - 31:21 49:24, 50:2, 58:7, 21:9, 21:11, 21:18, changer [1] - 83:18 damage [2] - 23:8, 32:13 complaint [1] - 34:8 58:18, 58:23, 58:26, 21:20, 21:22, 21:25, changes [1] - 52:19 dance [1] - 22:8 completely [2] - 21:17, 58:29, 59:3 21:29, 22:2, 22:7, characterise [1] - 64:28 danger [7] - 75:8, 75:16, conversations [1] - 58:2

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 4

77:10, 78:10, 81:30, die [1] - 83:25 doubt [6] - 22:11, 30:3, eighties [1] - 30:28 73:28, 74:12, 75:6, 82:3 different [8] - 15:22, 39:28, 69:7, 80:16, 81:5 either [3] - 36:7, 47:21, 76:11, 78:25, 79:11, dangerous [2] - 15:7, 17:11, 21:17, 39:10, doubting [1] - 10:25 69:10 79:29, 81:10, 83:15, 69:25 40:11, 59:12, 65:11, down [26] - 7:1, 7:3, 9:19, elaborate [2] - 31:19, 84:20, 88:10 date [9] - 1:11, 1:21, 1:23, 70:20 11:7, 21:2, 22:14, 80:11 evidencing [1] - 80:19 16:18, 36:20, 36:23, differentiates [1] - 25:5 29:29, 31:23, 32:12, element [1] - 15:19 evolved [1] - 31:3 37:3, 88:17, 88:21 differently [1] - 86:9 32:22, 33:5, 33:10, elements [3] - 15:21, exact [2] - 37:3, 44:16 day-to-day [1] - 8:6 difficult [1] - 72:6 33:21, 33:26, 34:12, 15:22, 31:12 exactly [5] - 23:4, 30:19, day.. [1] - 80:27 Dillon [16] - 6:6, 45:13, 34:15, 38:2, 38:4, 38:7, elevated [2] - 37:25, 40:15, 65:9, 88:7 days [1] - 39:13 60:13, 60:16, 61:7, 38:9, 38:13, 38:14, 66:15 examination [9] - 1:4, dead [2] - 38:21, 72:21 66:6, 69:12, 70:5, 38:17, 39:2, 57:20, eleventh [2] - 22:23, 39:13, 53:3, 53:4, deal [11] - 1:5, 42:9, 53:3, 70:23, 75:7, 76:4, 58:25 22:27 60:13, 70:4, 81:26, 54:20, 62:4, 62:5, 65:5, 76:19, 81:20, 81:27, downstairs [1] - 65:24 embarrassment [1] - 27:9 86:25, 87:26 70:13, 82:9, 82:17, 88:9 83:8, 88:25 Dr [1] - 87:30 employment [1] - 10:1 examination-in-chief [1] dealing [4] - 23:24, 42:16, DILLON [11] - 1:3, 1:28, draft [1] - 52:4 encounter [1] - 16:23 - 60:13 42:19, 62:3 2:7, 2:16, 3:8, 60:25, drawing [1] - 41:4 encountered [1] - 46:15 EXAMINED [1] - 4:1 dealt [4] - 2:25, 64:13, 67:6, 81:8, 81:14, drawn [1] - 1:12 encourage [1] - 8:19 example [4] - 26:18, 70:19, 77:13 86:29, 88:7 driving [2] - 17:8, 33:2 end [5] - 1:10, 57:30, 26:20, 53:22, 53:29 death [5] - 38:5, 51:5, diplomatic [2] - 9:15, Drogheda [2] - 6:21, 7:5 86:29, 86:30, 88:18 examples [1] - 75:11 62:11, 73:8, 73:11 34:9 drop [1] - 28:24 endeavouring [1] - 72:14 except [1] - 52:20 debriefed [1] - 35:5 direct [4] - 35:29, 36:4, dropped [1] - 13:4 endeavours [1] - 6:10 excerpt [4] - 28:15, 48:26, debriefing [1] - 35:3 36:6, 36:9 drops [1] - 13:9 ended [1] - 30:30 62:9, 75:5 deception [1] - 54:19 directing [1] - 32:7 drove [1] - 9:19 endorse [1] - 2:29 excess [2] - 16:4, 51:20 decide [1] - 56:2 direction [1] - 32:7 Drumree [1] - 55:9 engage [1] - 6:11 exchange [1] - 46:13 decided [1] - 71:25 directions [1] - 66:9 dry [1] - 33:8 engaged [2] - 4:29, 33:14 excluded [2] - 8:29, 10:4 decides [1] - 56:1 directly [2] - 49:13, 85:10 Dublin [2] - 9:19, 31:21 England [1] - 27:2 exclusion [1] - 10:28 decision [5] - 2:18, 2:19, discharge [2] - 34:18, due [7] - 9:15, 9:29, English [1] - 6:26 excuse [1] - 27:19 7:15, 7:17, 51:30 34:19 11:22, 22:15, 62:26, ensure [1] - 62:25 executed [1] - 78:19 deductions [1] - 45:27 disciplinary [2] - 71:27, 67:17, 74:19 enters [1] - 25:20 exercised [1] - 27:11 deemed [1] - 23:8 71:30 dumped [1] - 78:19 entitled [3] - 2:21, 7:16, exists [1] - 16:16 deeply [1] - 54:19 disclosed [3] - 27:16, Dundalk [31] - 4:17, 5:27, 59:13 expect [1] - 88:8 defence [2] - 7:1, 55:6 87:10, 88:27 7:5, 8:23, 9:22, 10:1, episode [1] - 84:25 expendable [1] - 67:25 defenders [1] - 30:30 disclosure [2] - 87:16, 10:3, 13:21, 13:25, equally [1] - 33:22 expenses [1] - 24:1 definitively [1] - 43:26 88:25 14:1, 14:22, 15:5, equation [1] - 25:21 expensive [1] - 24:18 deflect [1] - 34:3 discourage [1] - 8:20 20:16, 20:22, 37:16, escort [2] - 31:27, 65:28 experience [5] - 22:30, degenerated [1] - 33:25 discussed [1] - 49:18 39:25, 46:7, 47:3, escorted [1] - 66:1 23:20, 28:21, 29:29, delighted [1] - 41:11 discussing [1] - 50:27 51:19, 54:22, 55:8, essence [1] - 33:27 79:15 [6] 55:9, 55:10, 60:18, deliver [1] - 2:19 discussion - 8:7, established [1] - 4:7 explain [2] - 51:18, 72:16 60:29, 64:9, 65:14, demanded [1] - 66:1 40:14, 49:27, 51:30, establishment [6] - 4:6, explained [7] - 34:28, den [1] - 31:17 52:1, 52:4 65:22, 65:30, 66:4, 4:8, 11:13, 15:2, 15:20, 49:26, 53:24, 67:24, 84:16 denigrated [1] - 42:13 discussions [1] - 8:7 15:26 78:30, 80:2, 84:1 Dundalk-Castleblayney deny [1] - 82:12 disembarked [1] - 31:22 EU [1] - 79:3 explaining [1] - 26:9 [1] - 15:5 departing [1] - 15:16 dispute [2] - 67:11, 67:13 evening [1] - 72:13 explains [1] - 38:8 DURACK [1] - 88:24 derogatory [1] - 55:2 disseminated [1] - 62:25 everyday [1] - 78:7 explanation [3] - 27:19, Durack [1] - 88:29 describe [2] - 44:3, 44:5 distinctive [1] - 45:2 evidence [87] - 1:17, 27:23, 60:1 during [8] - 2:19, 46:3, described [1] - 45:15 divert [3] - 30:25, 31:7, 1:19, 2:8, 2:17, 4:12, explosives [2] - 6:28, 48:27, 54:21, 60:13, description [4] - 25:6, 32:14 4:13, 4:15, 5:5, 5:8, 6:30 45:22, 45:25, 49:24 document [8] - 40:12, 80:7, 84:26, 84:30 5:16, 8:3, 8:11, 8:28, extensive [1] - 77:16 duties [2] - 4:29, 52:18 designed [1] - 32:13 57:10, 57:12, 57:14, 9:3, 9:9, 9:29, 10:13, extensively [1] - 75:7 duty [2] - 10:28, 52:15 despite [1] - 81:21 70:19, 70:22, 80:19, 11:12, 11:27, 11:30, extent [3] - 10:6, 38:28, 81:9 destination [1] - 65:27 12:8, 12:9, 12:18, 48:24 documentation [1] - destroyed [4] - 43:4, E 13:14, 14:3, 14:10, extra [3] - 10:7, 10:8, 43:22, 43:26, 43:27 53:26 14:26, 14:27, 15:24, 10:18 e-mail [1] - 13:8 documents [12] - 53:17, details [2] - 42:20, 50:26 16:20, 18:14, 18:30, extraordinarily [1] - 53:27, 53:30, 54:3, earliest [1] - 87:22 detective [3] - 10:11, 19:11, 21:16, 23:25, 10:16 earning [1] - 59:29 10:23, 46:30 57:22, 57:26, 57:27, 25:8, 25:16, 25:28, extraordinary [1] - 8:25 86:26, 87:8, 87:10, ease [2] - 2:20, 2:24 Detective [13] - 5:1, 5:13, 26:1, 26:3, 28:16, extremely [1] - 65:29 easier [1] - 73:1 5:14, 5:15, 8:1, 8:12, 87:14, 88:26 30:13, 35:28, 37:19, eyes [2] - 15:21, 63:22 effect [4] - 6:8, 21:25, 9:9, 9:13, 16:10, 64:21, dodgy [1] - 12:3 43:8, 43:20, 43:21, 34:1, 51:4 65:5, 65:14 domain [2] - 34:11, 68:4 47:14, 48:2, 48:22, F don't.. [1] - 80:28 effectively [4] - 22:23, detectives [2] - 46:28, 51:2, 53:11, 56:11, 56:16, 83:24, 84:11 facilitate [1] - 26:29 47:8 Donaldson [7] - 25:18, 56:24, 57:5, 58:13, 25:22, 25:25, 25:30, effort [2] - 27:3, 27:14 facilities [1] - 3:4 detonation [2] - 37:24, 59:9, 60:2, 60:7, 60:9, egg [1] - 60:6 fact [16] - 14:10, 25:17, 39:4 31:29, 31:30, 82:16 60:14, 60:21, 61:9, Donaldson's [1] - 32:1 ego [1] - 28:4 25:20, 34:4, 34:29, detriment [1] - 23:23 64:2, 64:4, 67:6, 67:27, done [3] - 8:8, 80:4, 80:25 eight [4] - 10:26, 32:26, 68:7, 69:7, 70:17, 36:13, 42:27, 43:9, devote [1] - 2:7 door [5] - 32:23, 33:4, 33:1, 86:3 70:26, 71:19, 71:25, 45:14, 55:12, 55:30, devotion [1] - 10:28 33:6 eighth [2] - 83:6, 83:7 73:4, 73:26, 73:27, 69:28, 81:21, 86:17,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 5

87:10, 87:16 42:1, 44:9, 44:10, 55:28, 60:3 great [3] - 18:26, 38:29, helpful [2] - 61:3, 61:7 factors [1] - 28:5 45:18, 45:20, 57:8 Fulton [12] - 12:26, 22:17, 44:13 helping [5] - 35:14, facts [4] - 7:8, 22:4, 22:6, five-foot-five [1] - 45:18 26:15, 26:28, 27:6, Great [4] - 26:27, 26:30, 51:15, 63:23, 64:10, 83:29 fix [1] - 33:9 28:19, 29:20, 31:29, 27:10, 27:13 64:22 fair [3] - 24:20, 45:29, flat [2] - 24:18, 52:16 36:14, 60:15, 62:3, greatest [2] - 41:20, 54:8 hides [1] - 26:29 86:15 flat-out [1] - 52:16 82:17 greed [1] - 28:2 hierarchy [2] - 7:19, fairly [2] - 62:16, 69:5 flesh [1] - 22:3 Fulton's [1] - 22:20 greet [1] - 80:12 66:13 fairness [6] - 4:27, 23:16, flow [1] - 43:14 function [1] - 8:17 group [2] - 33:12, 46:9 highest [1] - 29:16 67:6, 79:29, 88:13 folder [1] - 13:1 FURTHER [1] - 89:1 Group [1] - 33:13 highly [2] - 59:2, 80:10 fait [1] - 23:22 follow [3] - 9:24, 34:10, future [1] - 16:18 guard [8] - 34:25, 35:21, himself [3] - 1:9, 27:28, falling [3] - 32:13, 38:18 65:27 35:22, 39:25, 41:16, 47:6 false [5] - 26:22, 29:3, follow-up [1] - 9:24 G 48:28, 57:12, 60:17 Historical [2] - 62:10, 34:18, 34:19, 60:2 followed [1] - 17:19 guards [11] - 34:3, 42:11, 62:19 GAA [1] - 32:29 famous [2] - 23:7, 62:5 following [11] - 2:20, 44:20, 45:19, 45:20, HMG [1] - 13:9 gain [1] - 22:13 fantasist [1] - 29:15 28:17, 29:11, 46:13, 48:6, 52:24, 53:3, 60:6, holes [1] - 22:5 game [2] - 10:10, 83:18 fantasy [3] - 27:27, 30:7, 49:9, 53:14, 57:19, 63:7, 63:12 holiday [1] - 1:13 gang [1] - 48:9 30:15 62:19, 63:17, 68:10, guilty [1] - 54:19 holidays [1] - 52:19 garda [3] - 46:16, 63:11, far [6] - 15:25, 57:15, 73:8 gunfire [1] - 38:5 homes [1] - 6:26 66:13 63:12, 63:25, 74:19, follows [4] - 13:25, 23:27, guy [2] - 32:27, 33:1 honest [1] - 64:24 Garda [35] - 5:3, 5:4, 85:9 73:7, 81:28 guys [1] - 35:1 honesty [1] - 26:4 5:11, 5:13, 5:14, 5:15, farm [2] - 31:16 FOLLOWS [2] - 1:1, 4:2 hope [4] - 1:29, 2:2, 7:19, 8:1, 8:12, 8:30, farmhouse [1] - 31:14 fooled [1] - 22:7 15:15, 67:16 9:9, 9:13, 9:17, 10:1, H fascinating [1] - 39:24 foot [5] - 13:8, 45:18, hopefully [3] - 1:28, 13:19, 15:10, 16:15, hair [2] - 44:30, 45:1 fashion [1] - 65:9 45:20, 46:2 88:11, 88:17 16:18, 20:21, 30:22, Hall [1] - 33:23 Fasie [1] - 87:30 football [1] - 58:27 horrendous [1] - 33:22 38:20, 43:8, 46:7, 55:4, hand [8] - 6:16, 6:18, fat [3] - 44:24, 44:26, football.. [1] - 50:4 horrible [1] - 33:24 56:2, 56:7, 60:5, 60:18, 8:14, 10:15, 35:1, 44:28 force [2] - 9:17, 9:27 hour [4] - 2:14, 22:23, 60:20, 64:9, 65:14, 61:20, 63:21, 69:24 featured [1] - 16:11 forces [8] - 7:1, 30:26, 22:27, 86:24 79:16, 81:19 Hand [1] - 31:18 fed [1] - 71:21 31:3, 31:9, 31:11, hours [1] - 52:15 Gardaí [6] - 7:28, 14:18, hand-picked [1] - 6:18 feed [3] - 69:13, 70:29, 32:14, 55:6, 56:6 house [3] - 15:26, 24:14, 31:26, 53:1, 66:2, 77:23 hand-picks [1] - 6:16 71:6 foremost [1] - 51:26 32:23 gate [2] - 6:8, 6:10 handed [1] - 12:27 feeds [1] - 69:28 forget [1] - 38:14 House [13] - 14:5, 14:30, gate-crashing [2] - 6:8, handled [4] - 50:21, 53:5, fella [1] - 85:5 form [1] - 34:26 15:3, 15:13, 15:25, 6:10 56:29, 83:16 felt [3] - 77:10, 78:10, format [1] - 59:12 16:2, 16:24, 17:2, gathering [1] - 16:8 handler [1] - 56:17 84:26 former [3] - 68:3, 68:23, 20:28, 25:22, 41:16, general [7] - 45:21, handlers [11] - 30:6, 32:2, few [4] - 8:7, 17:18, 69:8 48:3, 87:5 49:23, 49:27, 56:6, 39:17, 39:22, 39:28, 34:29, 55:15 forms [2] - 54:2, 54:3 House' [1] - 16:29 77:5, 77:6, 84:6 39:30, 41:6, 41:10, fiction [1] - 27:17 fortunately [1] - 57:3 housekeeping [1] - 1:6 generally [1] - 50:15 41:18, 69:27 figured [1] - 16:8 forward [2] - 14:25, 70:3 Hudson [4] - 37:20, 38:2, generate [1] - 27:28 hang [2] - 37:8, 73:1 file [3] - 52:5, 52:6, 69:30 fought [1] - 54:28 38:7, 38:9 generated [4] - 52:25, hanging [1] - 37:15 filled [1] - 22:5 four [5] - 7:2, 32:16, Hudson's [1] - 38:5 63:5, 71:20, 72:9 happy [1] - 41:6 financial [2] - 28:2, 41:3 33:11, 62:4, 66:24 huge [2] - 6:28, 79:6 Gerard [1] - 5:14 Harnden [2] - 32:8 finest [1] - 11:28 Fox [1] - 5:15 hundreds [1] - 31:26 Gethins [2] - 9:9, 9:13 Harry [2] - 82:5, 82:11 fingerprint [1] - 43:21 Francis [1] - 62:11 Hurst [21] - 4:15, 12:15, gift [2] - 83:20, 86:8 haste [1] - 41:20 fingerprints [6] - 43:4, Fraser [8] - 12:27, 13:7, 30:14, 48:25, 48:27, girl [1] - 6:22 43:9, 43:18, 43:19, 25:9, 25:17, 31:19, hatchet [1] - 73:14 49:8, 50:18, 53:8, given [27] - 5:5, 5:16, 43:27, 43:28 31:20, 31:28 head [2] - 6:20, 38:17 53:11, 53:13, 54:7, 8:11, 11:26, 11:30, Headquarters [3] - 35:8, finish [3] - 52:13, 83:13, Freddie [5] - 51:3, 51:12, 57:19, 58:3, 58:7, 13:24, 26:3, 26:25, 84:13 51:16, 52:26, 53:5 35:9, 69:29 58:14, 58:17, 59:8, 28:13, 29:7, 40:5, 43:8, heads [1] - 6:20 finished [4] - 48:19, free [1] - 33:14 59:9, 59:15, 60:2, 60:4 50:30, 53:1, 58:14, hear [3] - 2:8, 2:17, 37:2 61:17, 62:2, 86:24 frequented [2] - 15:8, Hurst's [3] - 56:10, 56:24, 59:9, 60:7, 61:29, heard [14] - 4:20, 11:4, Fintan [15] - 5:14, 14:4, 15:23 59:21 62:23, 62:26, 67:7, 11:16, 11:17, 12:2, 14:29, 15:2, 15:12, frequenting [1] - 15:11 hurtful [1] - 54:17 68:7, 68:26, 69:7, 26:5, 36:30, 45:24, 15:25, 16:2, 16:23, Friday [2] - 1:9 71:19, 74:12, 81:10 48:23, 48:27, 49:1, 16:29, 17:1, 17:9, Friend [1] - 43:24 I Glenanne [1] - 31:14 63:28, 64:8, 87:13 20:28, 41:16, 48:3, 87:4 friend [2] - 19:21, 42:4 Glens [2] - 32:25, 32:30 hearing [1] - 35:26 idea [1] - 53:21 firing [1] - 38:6 friend' [5] - 19:22, 19:24, God [1] - 15:16 hearings [1] - 71:27 identified [3] - 34:25, first [22] - 8:14, 9:21, 41:8, 43:17, 48:24 gorse [1] - 37:26 hearsay [3] - 64:1, 64:2, 35:21, 67:21 12:17, 17:7, 22:12, Friend's [1] - 43:14 gossip [2] - 62:23, 65:2 64:3 identify [2] - 24:16, 24:17 23:18, 35:1, 36:15, front [2] - 16:21, 62:9 Government [3] - 6:29, heart [1] - 38:29 identifying [1] - 26:17 36:16, 36:20, 37:28, fronts [1] - 39:6 31:21, 34:7 heavy [1] - 24:18 identity [1] - 62:28 39:22, 41:23, 48:26, FRU [1] - 59:22 graded [6] - 66:17, 66:28, height [1] - 44:16 imaginary [1] - 22:6 51:12, 51:26, 60:15, full [6] - 2:11, 31:18, 67:1, 67:3, 68:15, 69:4 immediately [2] - 77:17, 62:5, 63:21, 75:12, 33:15, 41:1, 52:3, 55:8 heights [1] - 44:13 grading [4] - 64:29, held [2] - 15:20, 47:3 78:15 84:22, 87:13 full-time [3] - 31:18, 67:14, 67:17, 68:26 impending [1] - 86:18 first-hand [1] - 63:21 33:15, 52:3 help [2] - 24:29, 44:20 grain [1] - 79:2 helped [6] - 19:24, 36:26, imperative [1] - 41:5 fit [1] - 86:20 fully [4] - 7:23, 52:16, grass [1] - 39:12 five [10] - 7:3, 23:5, 33:1, 41:8, 42:5, 48:24, 68:23 important [2] - 22:1,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 6

85:30 22:27, 35:17 77:18, 77:19 68:4, 74:15, 75:3, 75:8, known [4] - 9:16, 24:19, impose [2] - 10:6, 10:13 insinuation [2] - 54:13, investigators [2] - 6:8, 77:27, 78:4, 78:6, 79:13 42:6, 54:29 impression [1] - 7:9 54:21 62:26 Johnson [1] - 5:12 knows [1] - 83:19 inasmuch [1] - 59:3 instance [1] - 36:24 Investigatory [1] - 28:26 joined [1] - 35:5 incident [1] - 19:17 instigated [2] - 71:27, involve [1] - 6:7 Judge [27] - 12:28, 13:9, L incidents [1] - 26:10 72:1 involved [19] - 6:13, 7:11, 13:25, 14:21, 18:19, lads [1] - 52:4 including [3] - 54:15, instructed [1] - 10:20 9:10, 24:3, 32:28, 18:20, 20:11, 20:14, landmark [1] - 24:19 54:17, 55:8 instructions [1] - 1:22 35:30, 36:7, 37:7, 20:16, 20:26, 20:30, language [1] - 37:8 incorrect [3] - 20:30, insult [1] - 54:9 37:19, 38:1, 38:2, 21:9, 21:11, 21:17, larceny [1] - 6:28 21:4, 21:6 integral [2] - 7:5, 7:6 42:18, 42:30, 49:28, 21:20, 21:21, 21:25, large [3] - 10:6, 42:10, indeed [7] - 28:14, 54:4, integrity [2] - 10:25, 54:9 51:24, 51:28, 78:22, 21:29, 22:2, 22:7, 42:15 55:6, 60:11, 69:29, intelligence [41] - 2:23, 78:25, 84:7 22:10, 22:12, 22:13, 73:26, 86:30 8:25, 10:12, 14:17, involvement [6] - 36:9, 22:16, 22:22, 25:11, last [15] - 1:30, 2:2, 4:5, 15:16, 18:28, 23:26, indicated [3] - 35:14, 16:8, 26:25, 27:9, 37:28, 50:1, 57:1, 82:5, 31:24 61:10, 64:21 27:21, 28:22, 28:24, 82:11 July [2] - 14:12, 72:7 25:30, 40:5, 40:11, 57:29, 59:11, 71:3, indicating [1] - 76:12 28:28, 28:29, 29:17, iota [1] - 10:10 jumping [1] - 34:12 81:25, 81:27, 84:13 indication [1] - 21:28 29:22, 29:27, 35:13, IRA [60] - 6:27, 11:6, June [4] - 15:3, 18:8, late [2] - 13:17, 14:8 indifferent [2] - 26:6, 40:1, 40:6, 40:14, 11:29, 13:17, 13:22, 47:3, 65:10 51:29 40:25, 53:17, 53:27, 13:28, 13:30, 14:21, jurisdiction [1] - 66:1 latitude [1] - 40:21 launched [1] - 31:2 indirect [1] - 36:10 53:30, 57:22, 59:24, 15:9, 15:16, 16:3, jurisdictions [1] - 39:11 Lawlor [1] - 87:6 individual [8] - 8:18, 62:14, 62:16, 62:21, 16:13, 20:19, 20:21, 8:20, 13:18, 18:23, 62:22, 62:24, 62:27, 26:26, 27:12, 29:23, K lawyers [2] - 86:14, 86:19 51:22, 52:5, 52:6 62:28, 63:2, 63:20, 30:22, 30:30, 31:4, lead [2] - 40:28, 59:8 Keeley [58] - 4:15, 12:15, individuals [3] - 26:18, 64:20, 64:28, 65:3, 33:20, 33:21, 34:21, leader [3] - 8:14, 31:20, 12:27, 13:7, 13:24, 52:30, 58:21 66:18, 82:26, 88:11 36:22, 36:27, 36:29, 32:27 14:7, 14:26, 14:27, inevitable [1] - 21:30 intelligence-gathering 37:7, 37:29, 39:26, leaders [1] - 80:5 16:22, 18:14, 19:3, inevitably [1] - 77:21 [1] - 16:8 41:26, 43:5, 46:9, leading [2] - 65:23, 67:28 49:11, 49:15, 49:21, 19:6, 19:30, 20:24, [1] infamous [1] - 23:7 intent [1] - 54:27 leak - 54:6 50:23, 51:10, 51:26, 21:24, 21:28, 22:9, inform [6] - 10:2, 39:23, interest [2] - 30:20, 34:2 leaked [4] - 49:20, 51:3, 23:13, 23:16, 23:25, 80:24, 81:4, 81:22, interested [3] - 27:27, 53:19, 54:6, 54:12, 51:7, 51:9 25:2, 25:7, 25:20, 85:27 30:23, 61:9 54:21, 54:28, 55:3, leaking [3] - 53:18, 56:30, 56:1, 56:3, 56:8, 64:22, 25:30, 26:2, 26:4, 28:9, informant [2] - 66:25, interesting [2] - 26:24, 57:23 28:13, 29:20, 30:9, 75:25 67:20 74:17, 74:28, 75:2, learned [2] - 73:8, 87:6 75:26, 77:12, 78:27, 30:13, 34:1, 34:15, informants [3] - 66:23, interjection [2] - 61:3, least [4] - 32:16, 32:28, 79:9, 79:12, 79:17, 35:2, 35:28, 36:20, 66:26, 85:8 61:7 80:27, 86:3 36:28, 39:15, 40:28, intermingling [1] - 31:11 84:8, 85:2, 85:23 leave [7] - 14:14, 14:18, information [61] - 11:18, 41:21, 43:15, 43:26, interrogate [4] - 46:19, IRA' [2] - 57:24, 64:10 32:10, 65:26, 66:23, 13:12, 13:21, 13:24, 44:2, 45:14, 45:22, 46:22, 46:26, 47:6 Ireland [21] - 1:13, 5:22, 86:20, 86:27 14:17, 17:27, 22:28, 45:30, 46:3, 46:5, interrogated [11] - 45:6, 6:26, 7:25, 10:10, 15:8, leaving [1] - 6:12 23:5, 25:29, 26:16, 46:29, 47:27, 48:2, 46:6, 46:12, 46:24, 30:27, 30:28, 31:10, led [5] - 4:8, 16:16, 22:7, 26:17, 26:21, 29:4, 48:9, 48:11, 48:20, 47:2, 47:5, 47:15, 32:3, 33:25, 34:18, 32:9, 61:13 36:11, 39:24, 48:7, 49:2, 60:15, 62:3 48:16, 49:14, 49:21, 47:19, 47:24 34:30, 38:22, 38:25, left [2] - 34:8, 63:7 74:17, 77:15, 78:20, Keeley's [8] - 12:18, 49:29, 50:23, 50:30, interrogating [1] - 47:29 lengthy [1] - 75:5 79:20, 79:21, 79:22 13:14, 18:30, 30:14, interrogation [5] - 46:20, letter [6] - 18:19, 20:14, 51:3, 51:7, 53:18, 54:6, 40:29, 43:18, 43:30, 56:17, 56:30, 57:23, 46:23, 46:25, 46:28, Irish [1] - 32:17 22:10, 22:22, 68:27 49:3 58:4, 59:4, 59:23, 63:3, 47:11 irony [3] - 55:12, 55:29, letters [1] - 69:2 keep [2] - 41:6, 52:17 63:20, 64:7, 66:18, interrupt [4] - 40:9, 55:30 level [2] - 33:26, 73:29 Kenny [1] - 5:14 66:28, 67:1, 67:11, 40:20, 43:13, 43:14 irrelevant [1] - 86:16 liar [2] - 18:26, 29:15 kept [2] - 46:8, 66:25 67:15, 67:21, 67:30, intervene [2] - 31:26, issue [5] - 54:26, 55:27, liars [1] - 49:7 Kevin [6] - 12:26, 22:17, 68:4, 69:27, 72:28, 81:8 56:2, 73:5, 88:9 life [13] - 35:11, 54:29, 26:15, 28:19, 60:15, 74:14, 76:24, 77:2, intervention [1] - 31:8 issued [1] - 31:30 72:14, 73:3, 75:8, 82:17 77:3, 77:5, 77:6, 77:14, interview [2] - 46:2, 46:3 issues [1] - 10:1 76:26, 76:28, 77:10, kidnapped [6] - 48:15, 80:21, 82:22, 83:16, interviewed [1] - 77:22 issuing [1] - 54:27 83:21, 83:26, 86:8, 72:13, 72:26, 77:22, 84:2, 85:11, 85:22, introduce [1] - 17:28 it" [1] - 32:22 86:19 84:3, 84:4 86:4, 86:10, 86:18 introduced [8] - 13:19, itself [2] - 38:8, 70:19 lift [1] - 16:28 kidnapping [1] - 48:18 informed [1] - 88:20 18:3, 18:4, 18:15, likely [2] - 29:3, 74:16 Kildare [1] - 6:29 iniquity [1] - 31:17 18:17, 18:18, 18:21, J limited [1] - 11:20 killed [2] - 38:24, 80:12 initial [1] - 31:2 18:24 line [9] - 22:14, 32:12, Jackal' [1] - 32:27 killing [4] - 19:17, 33:15, inquire [1] - 56:7 investigate [7] - 7:21, 57:20, 59:14, 69:1, Jackson [3] - 32:27, 38:20, 49:16 inquired [1] - 16:15 9:30, 38:21, 55:25, 69:2, 70:4, 70:5, 73:30 32:28, 33:3 kind [1] - 79:1 Inquiries [2] - 62:10, 55:26, 56:2, 56:5 lines [1] - 57:8 jail [1] - 31:13 Knock [1] - 35:9 62:19 investigated [1] - 6:19 linking [2] - 49:10, 49:14 Jeffrey [2] - 25:22, 82:16 know.. [2] - 72:22, 80:13 inquiries [2] - 40:7, 61:13 investigating [1] - 37:20 lips [1] - 35:2 Jim [1] - 60:17 knowledge [13] - 7:7, inquiring [2] - 3:2, 52:25 investigation [12] - 5:24, Lisburn [1] - 35:8 job [2] - 64:13, 66:12 35:20, 35:29, 36:5, inquiry [6] - 6:4, 6:7, 5:27, 5:30, 6:14, 7:11, list [2] - 35:7, 85:6 Joe [5] - 32:24, 32:29, 36:6, 36:9, 58:5, 59:5, 22:18, 55:22, 55:23, 7:24, 7:27, 8:14, 9:11, listing [1] - 51:25 33:5, 33:6, 33:9 63:21, 63:24, 71:13, 86:11 22:23, 39:3, 73:12 live [2] - 24:1, 30:7 John [11] - 5:14, 68:1, 73:29, 76:6 Inquiry [4] - 13:4, 22:26, investigative [4] - 53:25, lived [4] - 17:11, 24:17,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 7

33:5, 79:24 76:6, 77:4, 77:15, Mick [1] - 5:13 murder [13] - 6:20, 6:22, No" [1] - 43:18 loads [1] - 31:22 77:27, 78:4, 78:6, Mickey [3] - 19:5, 19:15, 6:27, 7:6, 7:23, 31:13, nobody [1] - 54:28 lobbed [1] - 22:28 78:22, 79:13, 79:17, 20:20 32:17, 36:7, 36:10, noise [1] - 38:5 local [1] - 62:23 79:19, 79:20, 80:17, middle [3] - 13:13, 19:2, 42:3, 49:12, 50:8, 86:18 none [4] - 37:30, 48:17, locals [2] - 31:24, 31:25 80:20, 82:3, 82:20, 59:14 murdered [15] - 4:11, 69:9, 82:29 lodged [2] - 35:4, 35:5 82:22, 83:1, 83:9, might [8] - 1:5, 2:7, 2:16, 4:21, 6:25, 14:11, 55:3, Nora [1] - 5:12 logistics [1] - 26:30 83:14, 83:17, 84:3, 86:4 50:10, 76:26, 76:28, 71:28, 72:8, 72:9, normal [1] - 15:26 London [1] - 24:19 mcAnulty [1] - 71:28 76:30, 82:3 72:26, 73:16, 75:16, north [1] - 72:19 look [17] - 4:12, 9:29, McAnulty's [2] - 73:5, military [4] - 10:14, 39:17, 76:7, 77:4, 77:28, 83:17 North [5] - 15:8, 31:9, 11:22, 12:7, 12:17, 73:29 40:1, 41:13 murdered.. [1] - 85:20 32:15, 33:14, 34:21 13:1, 13:14, 14:26, McConville [5] - 67:7, Mills [2] - 12:20, 19:29 murdering [2] - 49:22, Northern [16] - 1:13, 5:22, 16:20, 46:10, 48:25, 70:26, 70:28, 71:1, mind [2] - 22:3, 69:20 55:13 7:25, 10:9, 30:26, 50:18, 54:2, 62:8, 68:8, 71:19 minute [1] - 32:18 murders [22] - 4:14, 5:21, 30:28, 32:3, 33:25, 69:16, 70:28 McConville's [2] - 1:19, minutes [1] - 17:18 5:25, 6:19, 7:12, 7:24, 34:18, 34:30, 38:24, looked [3] - 4:5, 40:4 88:10 minutes' [1] - 55:15 12:10, 19:1, 32:28, 74:17, 77:15, 78:19, looking [4] - 4:10, 17:25, McDonald [2] - 46:4, 46:6 misbehaviour [1] - 34:22 33:23, 35:30, 41:8, 79:20, 79:22 35:19, 81:2 McDowell [1] - 34:8 mischievous [1] - 55:1 42:2, 48:24, 56:8, 57:2, nothing [5] - 10:27, Lord [1] - 53:28 McGrath [3] - 8:1, 8:12, mislead [5] - 21:9, 21:12, 58:15, 82:5, 82:11, 29:27, 29:28, 73:2, lost [1] - 86:19 8:28 21:20, 21:21, 21:26 82:19, 83:1 87:21 Louth [1] - 72:19 McGreanary [1] - 62:11 misleading [2] - 26:16, must [4] - 42:5, 51:18, notice [1] - 45:2 Loyalist [1] - 34:5 McKevitt [1] - 61:20 26:21 73:22, 77:9 NOTICE [1] - 89:1 lukewarm [1] - 66:22 mean [6] - 29:1, 31:4, misled [3] - 21:10, 21:25, notified [1] - 3:3 Lynskey [1] - 6:22 63:27, 69:3, 78:6, 87:12 21:29 N notify [1] - 79:25 meant [3] - 43:20, 51:19, mispresentation(sic [1] - November [1] - 46:1 name [13] - 11:2, 11:7, 67:8 83:29 now-Chief [1] - 60:26 M 11:11, 20:4, 25:26, Meath [2] - 42:23, 55:10 missing [1] - 72:3 nowhere [1] - 40:27 made-up [1] - 30:15 32:29, 35:1, 35:4, 35:6, mechanism [1] - 35:7 misuse [1] - 74:14 nub [2] - 38:29, 39:1 35:7, 60:5, 65:17, 80:6 magazine [1] - 24:11 medium [3] - 64:29, mixture [1] - 28:1 nuisance [2] - 28:29, namely [1] - 70:16 Maguire [1] - 60:5 68:16, 68:18 MOD [2] - 54:2, 54:3 29:17 names [2] - 47:20, 49:6 mail [1] - 13:8 meet [5] - 25:17, 25:30, modus [1] - 23:3 nuisance' [1] - 28:30 narrative [1] - 25:21 main [1] - 30:25 65:8, 72:29, 80:11 mole' [1] - 39:26 number [13] - 4:23, 5:1, narrow [1] - 38:8 Major [1] - 59:20 meeting [15] - 4:18, moment [3] - 19:13, 70:8, 5:3, 14:10, 26:23, Narrow [8] - 36:17, 36:25, malicious [1] - 54:27 14:28, 14:29, 15:4, 82:1 28:23, 31:12, 31:25, 36:29, 37:4, 37:18, maliciously [1] - 62:23 15:17, 16:12, 16:14, Monaghan [4] - 84:18, 36:13, 58:10, 68:27, 37:29, 38:7, 38:27 malingering [1] - 54:18 48:2, 60:27, 60:29, 84:19, 84:30 78:11, 81:26 naturally [1] - 77:22 man [19] - 8:18, 29:15, 65:12, 80:25, 80:26, money [5] - 11:8, 27:14, Number [1] - 80:6 nature [5] - 8:6, 48:22, 30:11, 33:2, 38:21, 80:27 30:5, 59:29, 79:6 numbers [2] - 10:10, 57:10, 64:12, 78:14 42:27, 44:16, 53:10, meets [1] - 25:22 month [2] - 13:4, 31:5 68:30 62:11, 65:20, 74:21, near [1] - 60:12 member [7] - 11:1, 13:28, months [3] - 7:2, 42:2, numerous [1] - 83:9 need [6] - 2:11, 16:28, 75:25, 80:6, 83:9, 15:10, 20:20, 32:9, 85:19 83:25, 85:1, 85:23, 38:12, 85:2 17:1, 24:16, 28:6, 60:8 Mooch' [1] - 17:24 O 86:10 needs [2] - 70:12, 88:13 members [26] - 5:3, 6:30, morning [5] - 1:22, 32:26, negative [1] - 26:3 O'Callaghan [19] - 1:7, man's [4] - 72:14, 73:3, 10:26, 11:29, 15:9, 33:1, 88:8, 88:14 83:21, 86:8 15:18, 16:12, 31:2, neighbour [1] - 33:10 3:8, 17:11, 40:20, mortality [1] - 15:15 mandated [1] - 56:7 31:10, 31:17, 33:13, nest [2] - 37:24, 38:2 43:16, 47:14, 52:8, most [7] - 15:7, 21:30, never [23] - 6:10, 8:4, 52:9, 52:10, 52:11, march [1] - 31:23 33:15, 33:18, 33:19, 29:8, 39:6, 54:8, 79:26, 18:1, 23:9, 25:8, 27:22, 52:12, 52:26, 53:9, March [7] - 4:11, 4:16, 34:15, 39:13, 51:10, 85:30 5:7, 25:21, 41:7, 41:24, 51:26, 52:18, 55:6, 35:10, 38:14, 43:7, 55:16, 58:10, 66:21, motivation [2] - 59:21, 47:30, 51:13, 57:14, 67:18, 68:11, 87:25 66:7 55:8, 66:2, 66:24, 79:8, 59:25 Martin [1] - 9:27 79:9, 79:15 59:4, 59:7, 70:21, 72:2, O'CALLAGHAN [23] - motives [1] - 41:3 mass [1] - 32:4 memory [2] - 18:26, 72:4, 72:5, 77:23, 4:2, 4:4, 7:15, 11:10, mounting [1] - 29:25 80:23, 85:7, 86:11 material [2] - 40:13, 62:14 51:15 12:24, 33:29, 40:23, move [3] - 14:25, 22:2, men [14] - 8:16, 10:7, nevertheless [2] - 23:8, 43:24, 55:19, 61:3, matter [15] - 4:30, 10:10, 22:14 25:30, 35:13, 39:13, 10:8, 10:18, 11:25, 40:20 61:6, 61:26, 62:2, moved [1] - 72:18 40:10, 40:19, 50:13, 11:28, 31:13, 46:9, new [2] - 8:22, 10:3 67:10, 72:25, 74:4, moving [1] - 72:18 81:9, 85:9, 86:11, 65:27, 65:28, 80:7, Newry [4] - 30:1, 80:5, 74:9, 77:26, 78:22, mown [1] - 33:21 86:20, 87:3, 88:10, 80:11, 80:15, 80:27 80:7, 80:16 81:17, 86:23, 87:28, MR [41] - 1:3, 1:21, 1:28, 88:24 mention [7] - 20:2, 20:5, news [2] - 61:17, 61:18 88:5 2:7, 2:14, 2:16, 2:29, matters [4] - 1:10, 35:6, 39:30, 63:9, 63:11, 87:3 newspaper [1] - 46:2 o'clock [2] - 32:26, 86:24 3:6, 3:8, 4:2, 4:4, 7:15, 54:16, 88:12 mentioned [6] - 26:14, next [21] - 10:19, 22:15, O'Connell [1] - 31:23 11:10, 12:24, 33:29, 28:19, 39:27, 58:21, 28:15, 29:9, 29:30, O'Connor [1] - 5:15 Matthew [1] - 24:10 40:9, 40:23, 43:13, 60:4, 88:14 32:5, 32:24, 36:13, O'Driscoll [1] - 5:13 maximum [1] - 8:17 43:24, 55:19, 60:25, merry [1] - 22:8 44:17, 45:8, 45:13, obligation [1] - 87:15 May/June [1] - 16:28 61:3, 61:6, 61:26, 62:2, Messrs [2] - 62:3, 87:6 48:1, 57:18, 58:9, obliged [1] - 3:6 McAnulty [36] - 68:1, 67:6, 67:10, 72:25, 64:17, 68:22, 76:15, Observer [1] - 46:1 68:5, 72:8, 72:13, met [2] - 28:9, 51:13 74:4, 74:9, 77:26, 78:18, 83:5, 88:21 obtain [2] - 53:27, 53:30 72:25, 73:18, 74:15, MI5 [4] - 23:22, 23:30, 78:22, 81:8, 81:14, night [2] - 71:28, 72:3 obtained [2] - 35:4, 54:2 74:22, 74:27, 75:3, 24:5, 24:22 81:17, 86:23, 86:29, nine [1] - 85:19 75:8, 75:24, 76:2, 76:5, Michael [1] - 5:12 87:28, 88:5, 88:7, 88:24 obviously [8] - 28:1,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 8

35:12, 39:9, 40:12, opened [2] - 33:6, 40:26 49:8, 50:17, 53:12, persistent [1] - 82:10 precursor [1] - 51:25 40:14, 61:12, 65:20, opening [2] - 69:30, 53:13, 56:11, 57:7, person [6] - 19:10, 39:11, predominantly [1] - 22:18 72:6 86:26 57:8, 57:18, 57:20, 66:23, 75:2, 75:17, prefer [1] - 1:8 occasion [9] - 13:16, operandi [1] - 23:3 57:29, 58:25, 59:11, 78:14 prejudge [1] - 10:17 19:20, 25:25, 40:11, operate [1] - 23:23 59:13, 62:13, 62:18, personal [2] - 10:28, premeditated [1] - 10:5 42:24, 65:13, 71:17, operated [2] - 23:4, 81:2 64:17, 68:8, 68:9, 73:20 Prenty [6] - 15:24, 73:26, 83:6, 83:7 operates [1] - 7:19 68:11, 68:13, 68:14, persons [1] - 77:13 74:10, 79:11, 79:16, occasions [5] - 9:19, operating [1] - 31:14 68:24, 70:3, 73:6, pertaining [1] - 86:10 84:10 26:15, 62:22, 83:10, operation [1] - 31:6 75:11, 76:15, 81:14, Peter [3] - 26:3, 60:5, Prenty's [1] - 74:25 86:3 operations [6] - 8:8, 27:1, 81:25, 81:26, 81:27, 60:15 preparatory [1] - 27:4 occurred [2] - 16:23, 27:16, 29:25, 29:26, 83:5, 83:6, 84:21, 84:22 phone [1] - 80:25 prepare [2] - 26:29, 51:15 85:18 67:26 pages [2] - 8:3, 70:3 physically [1] - 52:22 prepared [3] - 16:4, occurrence [1] - 78:8 opinion [3] - 29:14, paid [6] - 23:13, 24:2, pick [2] - 9:24, 9:25 34:17, 34:30 odds [1] - 23:10 29:20, 59:20 24:22, 25:3, 30:17 picked [2] - 6:18, 9:28 preparing [1] - 16:1 offence [1] - 7:21 opportunity [1] - 52:22 paper [1] - 32:10 picks [2] - 6:16 prerogative [1] - 6:17 offensive [1] - 54:19 opposed [2] - 54:28, paragraph [3] - 13:16, piece [5] - 4:13, 13:24, prescription [1] - 32:21 offer [1] - 1:17 66:28 14:20, 62:17 35:12, 39:24, 44:14 presence [2] - 6:26, 65:30 office [4] - 5:1, 8:6, 34:16, option [2] - 55:25, 69:12 paragraphs [2] - 13:13, pieces [5] - 4:12, 12:7, present [2] - 22:1, 34:2 20:27 55:9 Orange [1] - 33:23 12:9, 23:5, 30:13 presently [1] - 54:20 paramilitaries [2] - 34:3, officer [12] - 6:17, 28:17, order [5] - 22:1, 29:16, piggy [1] - 74:13 preservation [1] - 79:10 34:5 29:10, 32:8, 63:14, 34:3, 39:2, 72:28 piggy-backing [1] - 74:13 pressure [3] - 9:27, 10:7, 63:16, 67:20, 68:3, ordinary [2] - 4:28, 10:11 Pardon [1] - 76:27 PIRA [2] - 13:29, 20:20 30:24 pardon [2] - 75:29, 84:19 68:23, 69:8, 70:7, 71:5 organisations [1] - 28:23 pitch [1] - 58:27 presumably [2] - 20:20, Officers [1] - 20:22 organised [3] - 32:2, park [2] - 14:28, 17:13 place [22] - 5:22, 7:25, 45:19 officers [25] - 4:11, 4:21, 39:2, 43:4 parker [2] - 42:28, 42:29 13:28, 14:8, 14:29, pretty [2] - 11:5, 50:9 9:5, 12:1, 12:11, 13:30, originally [1] - 61:14 Parnell [1] - 31:22 15:4, 15:9, 15:16, 16:3, prevent [1] - 39:2 14:22, 19:18, 20:6, otherwise [2] - 68:20, part [14] - 6:3, 6:15, 6:18, 16:12, 20:19, 24:1, prevented [1] - 39:12 26:2, 26:3, 26:7, 38:24, 81:6 7:5, 7:6, 14:26, 31:18, 27:1, 32:13, 37:23, previously [1] - 53:24 42:3, 42:4, 49:12, 32:5, 32:11, 32:29, ourselves [1] - 52:1 38:21, 46:13, 50:3, primary [1] - 7:23 49:16, 49:22, 51:5, 47:10, 48:9, 77:11, 78:7 out' [1] - 42:5 50:5, 53:25, 58:26, principle [1] - 10:9 64:7, 66:8, 74:27, part-time [1] - 31:18 outdoor [1] - 52:15 72:18 private [1] - 53:25 80:12, 80:13 particular [5] - 15:20, outgoing [1] - 79:5 planning [1] - 26:26 probabilities [1] - 81:3 often [1] - 29:28 26:10, 52:5, 67:17 outline [1] - 22:14 platoon [1] - 34:16 probability [2] - 64:11, Oireachtas [2] - 9:30, particularly [2] - 26:24, outlining [1] - 7:8 play [2] - 28:5, 86:15 68:17 55:23 67:20 outlook [1] - 66:22 pleaded [1] - 9:20 probable [1] - 68:20 OK [1] - 16:7 particulars [1] - 45:28 outside [2] - 14:4, 60:18 point [7] - 64:25, 70:26, problem [6] - 9:26, 10:3, Oliver [6] - 14:11, 17:26, Partners [1] - 87:6 overall [1] - 31:5 76:21, 81:17, 81:23, 10:14, 10:15, 34:14, 18:9, 48:4, 48:10, 48:17 parts [1] - 32:12 overgrown [1] - 37:26 87:18, 88:17 52:14 Omeath [11] - 41:22, pass [1] - 40:23 overlooking [1] - 24:19 police [6] - 27:1, 27:3, proceeded [1] - 31:23 41:29, 42:1, 42:6, 42:9, passage [1] - 51:14 overweight [1] - 44:29 27:14, 27:15, 62:27, proceedings [1] - 71:30 42:10, 42:24, 42:27, passed [2] - 50:22, 81:6 Owen [29] - 9:24, 9:25, 74:26 proceeds [1] - 42:9 43:3, 43:10, 43:15 passing [4] - 13:21, 13:19, 13:20, 13:29, policeman [1] - 74:20 process [4] - 11:8, 22:2, ON [1] - 1:1 17:19, 17:21, 17:28, 17:27, 60:19, 80:21 policeman's [1] - 69:20 52:6, 69:30 once [2] - 71:20, 78:14 past [1] - 22:26 18:23, 18:24, 20:1, political [2] - 10:14, 10:15 produced [6] - 40:12, one [62] - 1:3, 1:11, 6:10, 20:2, 20:5, 35:10, Patrol [1] - 33:12 population [1] - 33:19 40:13, 40:15, 72:25, 8:10, 8:19, 9:18, 9:20, 35:14, 35:21, 35:26, Patsy [2] - 17:10, 52:26 port [3] - 22:12, 22:13, 82:29, 82:30 10:10, 10:11, 10:25, 36:21, 36:26, 37:12, pause [2] - 18:6, 74:24 22:15 professionally [1] - 65:5 13:4, 13:16, 16:5, 41:25, 47:23, 49:10, paying [1] - 24:5 position [12] - 1:14, 1:16, profile [1] - 51:29 16:27, 20:28, 20:29, 49:15, 49:20, 49:28, pejorative [1] - 87:12 2:18, 2:21, 7:9, 59:22, progress [2] - 2:23, 88:12 23:6, 23:7, 23:18, 26:7, 51:2, 57:11 people [33] - 8:18, 9:12, 61:1, 67:18, 70:15, prominent [1] - 32:29 26:24, 26:25, 30:12, OWEN [1] - 4:1 11:16, 12:4, 16:3, 22:7, 72:22, 73:29, 87:9 prompted [2] - 33:16, 31:4, 31:8, 32:18, own [11] - 6:13, 7:9, 23:4, 23:19, 24:2, 26:7, position.. [1] - 41:11 33:19 32:19, 33:26, 34:28, 27:11, 30:29, 33:21, 10:28, 31:20, 34:7, positive [2] - 11:27, 26:5 propagating [1] - 7:9 34:29, 36:23, 39:9, 35:10, 37:16, 38:29, 63:22, 64:25, 64:28, possession [1] - 59:4 proper [1] - 39:3 39:15, 42:21, 44:17, 66:7, 77:18, 79:10 39:8, 41:28, 47:1, 47:9, possible [13] - 6:9, 32:3, 45:8, 46:7, 47:1, 48:17, propose [1] - 88:3 47:21, 52:9, 52:18, 41:20, 68:20, 70:16, 53:22, 53:29, 55:10, protect [1] - 62:28 52:20, 54:10, 54:23, 70:29, 71:7, 71:9, 55:11, 56:2, 56:4, P proved [1] - 54:4 55:13, 66:14, 72:29, 71:14, 71:15, 71:16, 60:14, 65:12, 66:23, provenance [1] - 11:22 Paddy [5] - 52:8, 52:9, 74:28, 77:24, 86:18 88:15, 88:16 69:24, 70:8, 72:18, proves [1] - 59:10 52:10, 52:11, 52:12 per [1] - 64:14 possibly [5] - 1:5, 1:15, 75:12, 77:30, 78:4, provide [5] - 28:21, page [71] - 8:28, 14:27, perceive [1] - 63:22 2:14, 24:21 78:6, 80:18, 82:1, 28:28, 29:3, 69:27, 16:21, 18:28, 18:29, perceived [1] - 77:14 post [2] - 55:9, 79:5 84:29, 85:26, 86:18, 82:23 19:2, 19:30, 23:26, perfectly [1] - 7:16 pounds [1] - 31:27 86:23, 87:3 provided [6] - 22:22, 24:25, 26:11, 26:12, perhaps [5] - 16:17, 53:2, power [1] - 83:30 29:22, 41:25, 64:7, ones [1] - 10:11 28:15, 29:9, 29:10, 55:29, 75:19, 80:25 Powers [1] - 28:27 82:26, 87:17 ongoing [1] - 24:28 35:29, 36:15, 36:16, period [1] - 88:16 precaution [1] - 62:28 open [3] - 32:23, 40:14, 39:14, 39:20, 41:23, provides [1] - 60:1 periodic [1] - 79:7 precise [1] - 88:17 60:8 44:3, 46:11, 48:26, providing [2] - 22:9, periods [1] - 77:12 precisely [1] - 78:28

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 9

82:22 re-examination [1] - 53:3 relaxed [2] - 6:23, 66:22 39:6, 54:25 56:29, 58:16, 87:5 Provisional [11] - 13:22, reached [1] - 86:7 relayed [2] - 27:10, 49:29 rightly [1] - 82:1 scene [2] - 37:20, 43:10 13:29, 14:21, 15:9, reacting [1] - 38:4 released [7] - 23:6, 23:9, ripped [1] - 70:9 sceptical [1] - 59:2 16:3, 16:13, 20:21, read [7] - 5:9, 13:13, 32:17, 48:13, 48:14, road [4] - 15:6, 15:7, Scotland [1] - 27:2 29:23, 55:3, 64:10, 25:14, 49:1, 49:3, 70:4, 77:16, 77:21 17:10, 17:12 screen [2] - 13:2, 74:10 64:22 84:19 relevance [1] - 50:13 robberies [1] - 51:28 screens [1] - 80:15 Provo [1] - 15:26 real [1] - 52:28 relevant [3] - 13:12, 73:5, Robin [1] - 32:27 scrutiny [1] - 39:1 Provos [1] - 65:24 realise [2] - 15:19, 30:2 73:28 Robinson [3] - 1:15, 1:26, Sean [1] - 9:9 PSNI [3] - 42:13, 62:18, really [7] - 28:6, 38:30, reliability [1] - 68:18 2:12 second [18] - 13:16, 67:15 40:10, 45:4, 50:13, reliable [1] - 62:21 ROBINSON [4] - 1:21, 13:24, 14:20, 15:7, psychiatrist [1] - 28:6 64:24, 66:19 remember [29] - 4:27, 2:14, 2:29, 3:6 19:6, 19:16, 26:11, psychologist [1] - 28:6 reason [12] - 4:7, 34:24, 5:6, 16:5, 19:12, 19:14, rogue [1] - 57:12 46:11, 53:12, 61:6, public [5] - 1:12, 27:15, 35:20, 45:30, 46:4, 21:1, 21:14, 24:9, role [1] - 28:25 62:12, 68:9, 68:11, 34:10, 65:23, 68:3 61:8, 62:12, 69:7, 80:4, 29:24, 31:8, 32:15, room [12] - 38:11, 46:20, 68:13, 70:11, 81:25, publicity [1] - 27:28 80:16, 81:5, 81:6 37:3, 38:16, 44:16, 46:23, 46:27, 46:28, 81:27 publicly [1] - 59:23 reasons [1] - 30:3 45:6, 46:21, 47:12, 47:4, 47:7, 47:9, 47:13, second-last [2] - 81:25, published [1] - 46:2 receive [2] - 32:4, 67:30 47:15, 47:18, 47:20, 47:16, 47:17, 52:23 81:27 pulled [1] - 17:15 received [9] - 2:24, 62:22, 47:23, 60:16, 65:21, round [1] - 87:18 secondhand [2] - 63:23, purely [1] - 79:9 63:15, 64:20, 67:21, 69:14, 69:20, 72:6, routine [1] - 4:30 63:26 purposely [3] - 21:10, 69:25, 86:13, 86:17, 80:29, 80:30 Royal [1] - 79:27 secondly [1] - 41:15 21:21, 21:26 88:11 remind [2] - 33:24, 68:29 RUC [52] - 5:25, 7:24, secret [2] - 41:1, 46:9 purse [1] - 27:15 recent [1] - 2:23 reminds [1] - 81:20 10:6, 10:16, 11:1, secretary [1] - 52:3 pursue [1] - 86:20 recently [3] - 13:6, 15:24, remove [1] - 87:9 11:11, 11:14, 11:19, section [2] - 8:13, 16:9 put [26] - 12:20, 16:17, 88:11 rendezvous [1] - 16:12 11:25, 11:29, 11:30, sections [1] - 33:20 20:13, 22:4, 22:9, 27:1, reception [1] - 65:23 repeat [1] - 86:16 19:18, 26:1, 26:2, 26:7, Security [8] - 22:10, 29:29, 33:30, 39:20, recess [1] - 55:15 repeatedly [2] - 23:13, 28:16, 29:9, 31:12, 22:28, 23:14, 25:4, 41:4, 53:8, 58:13, recollect [4] - 5:17, 16:1, 75:7 31:15, 31:17, 32:16, 30:18, 30:20, 33:30, 59:16, 60:21, 65:26, 60:28, 87:14 reply [1] - 20:24 33:1, 35:5, 35:8, 39:3, 85:10 65:28, 66:11, 67:7, recollection [10] - 9:1, report [7] - 22:16, 52:9, 39:13, 41:2, 42:2, 42:4, security [9] - 24:18, 68:3, 69:12, 70:15, 29:21, 37:27, 38:1, 62:10, 62:18, 77:24, 49:12, 49:16, 63:9, 30:26, 31:3, 31:9, 70:23, 71:2, 72:28, 42:15, 42:30, 48:7, 79:19, 82:4 65:30, 66:17, 66:24, 31:11, 32:14, 34:5, 83:14, 86:30 58:29, 59:1, 65:22 reported [8] - 39:16, 41:9, 67:20, 67:24, 67:26, 34:17, 56:5 putting [1] - 11:7 recommend [1] - 22:18 41:18, 50:10, 52:29, 68:3, 68:23, 69:8, see [40] - 8:14, 9:19, 9:26, reconvene [2] - 87:22, 75:25, 81:10, 83:2 69:13, 79:7, 80:1, 10:12, 11:3, 14:7, 14:8, Q 88:8 reports [2] - 13:5, 16:10 80:11, 80:19, 80:21, 15:4, 18:14, 21:24, record [3] - 5:11, 41:12, Republic [2] - 38:22, 80:24, 81:11, 81:22, 21:26, 22:25, 23:5, qualitatively [1] - 67:12 41:19 79:20 82:23, 82:29 25:2, 29:3, 30:24, qualities [1] - 8:19 recorded [1] - 63:20 requested [1] - 6:14 rumour [1] - 62:23 31:15, 32:12, 38:9, quality [3] - 28:23, 67:1, recount [1] - 5:11 resident [1] - 79:20 rumours [1] - 12:2 44:22, 45:7, 51:25, 67:3 recruited [1] - 29:21 resource [1] - 27:14 run [2] - 7:28, 33:8 52:1, 53:12, 54:25, quarters [1] - 33:5 Red [1] - 31:18 resources [1] - 27:3 running [2] - 11:6, 38:17 55:12, 55:29, 55:30, questioned [8] - 26:12, redactions [3] - 1:18, 2:9, respect [21] - 5:21, 11:10, runs [2] - 79:5, 86:13 56:24, 58:6, 58:22, 34:20, 64:19, 73:6, 88:9 14:20, 14:27, 16:1, 58:24, 71:19, 77:11, 75:6, 83:8, 86:2, 86:12 reeds [1] - 39:2 16:22, 18:30, 25:29, S 79:1, 82:8, 83:14, 85:5, questioning [4] - 42:14, refer [1] - 62:12 36:17, 37:29, 38:27, 86:20, 86:23 54:11, 66:6, 71:23 safety [5] - 10:29, 73:5, reference [1] - 84:28 40:6, 41:22, 48:16, seeing [2] - 52:20, 65:23 questions [8] - 44:15, 73:13, 73:20, 73:23 referred [2] - 35:15, 37:23 51:16, 52:26, 54:11, seeking [1] - 28:4 44:22, 45:30, 53:7, sat [2] - 17:24, 76:10 referring [3] - 57:11, 54:26, 63:16, 68:10, seem [1] - 74:2 71:2, 81:15, 86:16, satisfactory [1] - 27:22 57:12, 57:15 74:10 select [2] - 6:18, 7:20 86:17 save [3] - 72:14, 73:3, refers [1] - 14:7 respects [2] - 9:15, 74:19 self [1] - 79:10 quicker [2] - 61:19, 86:25 83:26 refused [1] - 28:27 response [3] - 43:18, self-preservation [1] - quite [9] - 13:6, 27:2, saved [3] - 76:26, 76:28, regard [2] - 2:22, 30:15 53:1, 84:21 79:10 27:11, 31:10, 64:24, 83:26 regarded [1] - 62:17 responsibility [2] - 5:24, send [2] - 34:17, 52:7 67:23, 67:25, 70:6, saw [6] - 33:20, 33:21, regards [1] - 68:19 66:16 sending [1] - 74:14 83:19 35:10, 53:17, 57:22 regime [2] - 8:22, 10:3 rest [4] - 5:25, 52:4, senior [3] - 13:17, 13:28, SB50 [19] - 11:14, 11:20, Regulation [1] - 28:26 74:13, 86:25 20:19 11:23, 23:8, 34:26, R [2] regulations [1] - 39:9 result [2] - 10:7, 38:6 sense - 28:3, 86:15 62:5, 63:5, 63:15, resulted [1] - 10:8 sent [1] - 31:13 radiator [1] - 33:7 relates [1] - 48:2 64:18, 67:14, 67:19, resulting [1] - 51:4 September [3] - 12:28, raised [3] - 1:21, 54:16, relating [2] - 87:4, 87:5 68:24, 69:13, 70:9, resume [3] - 1:10, 1:14, 13:10, 25:12 88:25 relation [23] - 1:18, 2:8, 70:29, 71:6, 71:20, 76:6 2:23, 8:25, 9:26, 26:9, 1:29 Sergeant [5] - 32:25, ran [2] - 38:9, 38:13 SB50s [1] - 64:12 30:25, 30:27, 35:4, RESUMED [1] - 1:1 64:9, 64:21, 65:5, 65:14 rang [2] - 32:20, 33:5 SBG [1] - 33:12 35:6, 39:9, 40:12, retaliation [1] - 33:20 sergeant [2] - 8:5, 47:1 rank [1] - 10:26 Scappaticci [17] - 49:28, retired [1] - 46:30 series [1] - 26:27 rather [6] - 2:5, 9:25, 40:13, 42:20, 43:15, 49:30, 50:22, 50:29, 54:16, 71:27, 74:12, return [2] - 8:25, 67:17 serious [4] - 7:7, 9:26, 10:21, 25:29, 51:21, 51:4, 51:7, 51:8, 51:12, reward [1] - 28:2 30:11, 85:9 71:24 77:20, 79:8, 81:9, 51:16, 52:23, 52:26, rid [1] - 43:17 servants [1] - 56:8 re [1] - 53:3 88:24, 88:25 53:5, 56:14, 56:16, relationship [1] - 58:20 ridiculous [3] - 15:17, Service [7] - 22:10, 22:28,

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 10

23:14, 25:4, 30:18, so-called [2] - 22:4, 29:26 14:7, 20:26, 21:14, suggesting [10] - 4:13, tattle [2] - 69:25, 69:26 30:21, 33:30 social [2] - 50:6, 58:27 22:17, 22:20, 29:14, 11:13, 11:19, 12:10, Teague [1] - 24:10 service [6] - 26:26, 27:5, solicitor [3] - 16:15, 31:30, 32:1, 45:21, 16:2, 71:4, 76:5, 77:3, team [8] - 1:22, 1:24, 6:8, 34:17, 41:1, 65:24, 52:24, 53:2 54:25, 54:26, 67:25 82:2, 83:25 6:16, 7:6, 7:20, 8:15, 84:30 Solicitor [1] - 87:8 statement.. [1] - 21:3 suggestion [1] - 40:27 51:21 services [1] - 34:6 solicitors [1] - 87:7 statements [1] - 5:9 suggests [1] - 15:18 Team [1] - 62:10 session [1] - 53:25 solution [1] - 10:14 stating [5] - 15:24, 19:20, summary [2] - 40:6, teams [1] - 6:18 set [4] - 22:3, 70:14, solved" [1] - 34:14 20:29, 49:19, 60:9 40:25 tearing [1] - 70:20 77:17, 77:19 someone [2] - 63:28, station [6] - 20:6, 46:16, summer [2] - 14:5, 15:13 Telegraph [1] - 32:10 setting [1] - 52:17 64:8 51:24, 60:20, 66:13, superintendent [1] - 8:5 telephoned [3] - 13:29, seventies [3] - 6:25, sometime [3] - 14:5, 73:2 Superintendent [21] - 14:21, 20:21 30:28, 31:9 25:21, 60:23 Station [9] - 4:17, 10:1, 4:16, 4:17, 5:30, 6:3, telescope [1] - 78:15 several [1] - 54:16 sometimes [5] - 28:2, 14:1, 14:22, 20:23, 7:16, 7:20, 7:28, 8:29, ten [2] - 52:15, 61:13 shadow [1] - 18:1 30:4, 30:5, 30:6, 78:17 46:7, 60:18, 65:14, 9:3, 9:11, 9:12, 13:26, tenuous [1] - 48:23 Sheridan [2] - 60:17, soon [3] - 38:13, 87:17, 65:22 13:27, 20:17, 20:18, term [2] - 29:17, 86:30 60:27 88:15 stationed [1] - 13:21 60:26, 60:29, 66:10, terms [12] - 1:6, 11:18, shoes [2] - 44:17, 45:8 sorry [9] - 21:16, 34:11, status [2] - 15:20, 66:15 84:16, 85:19, 85:24 30:11, 30:14, 33:29, shooting [1] - 37:20 36:15, 70:10, 70:12, stay [1] - 73:1 superior [1] - 70:7 34:10, 40:7, 54:20, short [2] - 44:18, 88:15 71:11, 74:4, 76:20, 81:8 step [3] - 10:19, 67:23, superiors [1] - 83:3 56:4, 56:5, 67:15, 84:27 shorter [1] - 44:19 sought [1] - 6:7 75:13 supervisory [1] - 6:17 terrorist [1] - 38:13 shot [8] - 32:23, 38:3, sounds [1] - 87:12 steps [2] - 62:24, 75:16 supporters [1] - 31:22 tested [2] - 67:8, 67:10 38:21, 78:5, 85:3, 85:6, source [12] - 53:26, Stevens [4] - 53:28, suppose [2] - 48:1, 67:19 that.. [1] - 80:14 85:7, 85:24 54:30, 63:22, 64:6, 53:29, 53:30 surely [1] - 75:15 THE [3] - 1:1, 89:1 shotgun [2] - 17:27, 18:9 66:28, 67:22, 73:9, still [1] - 39:14 surprise [1] - 87:11 the.. [1] - 32:11 show [3] - 34:19, 34:21, 77:27, 78:7, 78:29, stolen [1] - 6:30 surprised [1] - 9:10 them.. [1] - 16:6 75:1 85:14, 85:22 stoned [1] - 31:25 surrounding [1] - 38:18 themselves [3] - 5:21, showed [1] - 54:1 sources [5] - 28:26, stones [2] - 38:14, 38:18 surroundings [2] - 50:6, 34:13, 78:15 sick [4] - 14:14, 14:18, 62:14, 62:21, 62:29, stop [1] - 86:27 58:28 therefore [1] - 58:22 32:21, 52:19 72:30 stopping [1] - 66:21 surveillance [1] - 65:26 Thiepval [2] - 50:4, 58:26 side [2] - 11:6, 33:26 south [2] - 7:27, 38:7 stories [2] - 41:28, 85:8 survive [1] - 24:30 thin [2] - 44:24, 44:25 significance [2] - 15:19, southern [2] - 32:14, story [2] - 35:26, 41:5 suspect [1] - 82:30 thinking [1] - 21:13 69:10 45:11 strategies [1] - 23:23 suspicion [1] - 84:6 third [2] - 62:17, 67:28 similar [2] - 3:4, 78:7 spare [2] - 83:21, 86:8 strategy [1] - 23:3 suspicion" [1] - 33:4 thorn [1] - 11:6 similarities [1] - 22:25 speaking [1] - 85:1 Strathearn [2] - 32:20, suspicions [1] - 83:2 thoughts [1] - 27:12 simple [1] - 46:29 Special [3] - 7:3, 33:12, 32:22 suspicious [5] - 74:18, thousands [1] - 31:27 simply [2] - 48:23, 60:9 64:9 Street [1] - 31:23 74:29, 75:2, 79:12, threat [4] - 73:23, 78:26, single [1] - 51:22 specific [5] - 19:11, strength [1] - 22:20 79:17 80:19, 84:8 Siochana [11] - 5:4, 5:5, 36:19, 50:25, 84:2, string [1] - 44:14 sympathetic [2] - 54:12, threats [1] - 78:7 7:19, 16:15, 16:18, 86:17 strong [1] - 77:9 54:21 three [6] - 7:2, 30:10, 30:22, 38:20, 43:9, specifically [5] - 16:4, stuff [3] - 8:30, 41:29, system [7] - 69:13, 69:29, 32:16, 54:1, 62:4, 66:24 55:4, 79:16, 81:19 43:17, 43:21, 72:23, 74:16 70:29, 71:6, 71:10, throat [1] - 34:12 site [3] - 37:24, 37:25, 78:20 subject [1] - 86:11 71:17, 71:21 throughout [1] - 9:16 39:4 spectacular [1] - 50:11 submissions [2] - 40:10, thrown [1] - 34:22 speech [2] - 45:3, 45:10 sitting [3] - 1:8, 18:1, 40:19 T tied [2] - 48:10 88:21 spent [4] - 7:2, 27:15, submitted [1] - 23:11 tit [2] - 31:1, 31:6 tab [52] - 12:24, 12:25, situated [1] - 15:5 52:15 submitting [1] - 71:5 tit-for-tat [2] - 31:1, 31:6 spoken [2] - 46:24, 87:28 14:25, 18:20, 18:29, situation [12] - 9:16, 15:5, subordinate [2] - 32:7, tittle [2] - 69:25, 69:26 squad [2] - 6:20, 7:6 19:29, 23:12, 23:25, 23:2, 30:19, 30:27, 52:18 tittle-tattle [2] - 69:25, 25:28, 26:1, 35:28, 31:1, 31:5, 33:25, 35:4, Square [1] - 31:23 subordinates [1] - 8:16 36:13, 39:14, 40:24, 69:26 55:28, 56:9, 65:26 stage [8] - 1:16, 9:18, subsequently [7] - 25:16, 41:21, 44:2, 45:13, TO [1] - 4:1 six [5] - 10:26, 45:20, 28:25, 35:16, 46:7, 27:6, 27:28, 29:23, 45:30, 46:10, 48:1, today [7] - 1:3, 4:10, 85:19 60:14, 72:21, 84:29 48:13, 48:14, 48:15 48:19, 48:25, 53:11, 70:11, 84:13, 86:30, six-foot-five [1] - 45:20 stairs [1] - 33:10 subsidy [1] - 79:2 56:10, 57:5, 57:30, 87:21, 87:26 six-foot-six [1] - 45:20 Stakeknife' [1] - 49:2 subsistence [2] - 24:29, 58:9, 59:11, 62:13, together [1] - 8:10 sketchy [2] - 42:20, 65:21 stamped [1] - 79:4 25:6 67:19, 67:27, 68:8, tolerant [1] - 54:12 slaughter [1] - 33:15 stand [1] - 38:30 substance [1] - 14:3 68:9, 68:13, 68:22, tolerate [1] - 10:24 slaughtered [1] - 30:29 start [3] - 4:10, 22:11, substantive [1] - 20:27 68:24, 69:11, 69:16, Tom [9] - 5:15, 14:11, slightly [1] - 67:28 62:8 subtract [1] - 81:22 70:28, 71:23, 73:4, 17:26, 18:8, 48:4, slip [1] - 70:1 started [4] - 28:22, 35:19, subversive [3] - 15:21, 73:6, 73:26, 75:5, 48:17, 84:14, 85:18, slower [1] - 71:12 37:8, 73:14 15:22, 31:12 81:25, 84:14, 84:22 85:22 smaller [1] - 45:19 starting [2] - 16:25, 58:25 subversives [1] - 16:11 Tab [3] - 40:5, 62:8, 63:14 tonne [1] - 79:2 SMITH [2] - 40:9, 43:13 starts [1] - 70:1 suddenly [2] - 10:16, tabs [1] - 60:7 took [11] - 5:21, 7:25, Smithwick [1] - 40:25 state [5] - 23:18, 27:6, 38:17 tall [5] - 44:7, 44:8, 44:11, 13:28, 14:29, 20:1, 43:17, 59:7, 66:7 smuggler [1] - 79:3 suggest [4] - 2:16, 15:18, 44:13, 44:18 20:19, 24:13, 32:10, smuggling [6] - 15:9, State [4] - 55:13, 55:26, 54:10, 70:8 taller [3] - 44:9, 44:19, 34:13, 38:21, 58:26 56:1, 87:8 74:15, 78:23, 78:26, suggested [7] - 6:6, 45:18 top [5] - 35:7, 41:22, 57:9, 79:1, 84:7 stately [1] - 6:26 45:14, 53:17, 54:6, tat [2] - 31:1, 31:6 68:13, 69:2 so-and-so [2] - 33:7 statement [14] - 12:26, 57:22, 70:21, 70:30

Doyle Court Reporters Ltd. Smithwick Tribunal - 1 August 2012 - Day 119 11 topic [1] - 50:7 types [1] - 33:24 victimised [1] - 9:4 71:23, 73:4, 73:6 torn [1] - 70:22 view [2] - 2:29, 64:26 witness [6] - 1:3, 68:7, total [1] - 54:27 U violence [1] - 56:1 69:24, 70:12, 70:13, totally [7] - 20:25, 21:1, visited [1] - 25:11 70:25 UDR [1] - 31:18 21:5, 23:10, 37:25, vividly [1] - 38:16 woman [1] - 5:4 Ulster [1] - 79:27 40:30, 59:10 voice [1] - 10:20 wonder [1] - 1:15 ultimate [2] - 8:17, 65:27 towards [3] - 38:6, 54:12, word [4] - 4:30, 6:12, 88:18 ultimately [1] - 60:22 W 23:9, 23:19 train [1] - 51:24 umbrage [1] - 34:13 words [9] - 12:3, 19:23, trainee [1] - 10:23 Una [1] - 6:22 wage [3] - 24:27, 25:5, 22:5, 22:6, 56:17, [1] 41:4 transcript [5] - 16:22, unable - 5:16 63:21, 64:6, 66:23, 85:4 18:29, 19:30, 59:12, under [8] - 9:27, 28:26, wait [1] - 29:29 workaholic [1] - 10:27 60:21 30:24, 32:17, 78:15, walked [4] - 15:12, 33:10, works [2] - 10:12, 35:7 transpired [1] - 72:23 78:26, 84:8, 87:15 39:12, 52:23 world [1] - 30:7 travel [1] - 26:26 undercover [1] - 23:22 Walker [2] - 6:24, 6:25 worse [3] - 31:1, 31:5, travelling [4] - 15:6, underneath [1] - 9:5 Walsh [1] - 60:5 46:8 26:30, 73:19, 73:23 unfairly [1] - 86:9 wants [1] - 88:5 worse-kept [1] - 46:8 treat [1] - 8:5 unfortunate [1] - 73:18 warn [7] - 69:26, 75:8, worst [1] - 67:3 treated [2] - 23:30, 86:9 unit [8] - 9:4, 26:26, 75:13, 76:4, 76:21, 83:8 worth [3] - 10:11, 29:2, treating [1] - 8:4 26:30, 27:5, 55:9, warned [3] - 75:17, 76:17, 79:3 77:18, 77:19, 77:20 76:29 treatment [1] - 86:13 write [2] - 32:11, 70:7 Unit [1] - 62:19 warranted [1] - 52:2 Tribunal [36] - 2:22, 4:6, writing [3] - 59:22, 80:22, 4:7, 4:23, 11:4, 11:13, unless [1] - 87:25 Warrenpoint [1] - 79:24 80:23 18:30, 22:3, 23:1, 23:9, unlicensed [2] - 17:27, Water [8] - 36:17, 36:25, written [8] - 21:2, 24:10, 40:6, 40:25, 45:14, 18:9 36:29, 37:4, 37:18, 48:30, 49:6, 52:24, 54:14, 54:18, 57:4, unnecessarily [1] - 40:21 37:29, 38:7, 38:27 52:29, 70:18, 87:7 60:25, 61:9, 71:4, unquestionable [1] - 34:4 water [2] - 38:9, 38:19 wrongdoing [2] - 11:14, 76:10, 76:11, 76:13, unreliable [4] - 35:13, wayside [1] - 8:23 11:19 80:18, 83:24, 84:24, 59:10, 62:21, 69:5 weapons [1] - 26:29 wrongly [1] - 82:1 84:27, 85:27, 86:1, UNTIL [1] - 89:1 Wednesday [1] - 2:1 wrote [2] - 52:10, 85:10 86:3, 86:14, 86:19, untrue [1] - 83:28 week [6] - 29:30, 35:27, 87:11, 87:17, 88:5, unusual [1] - 67:23 41:5, 52:16, 71:3, 80:28 Y 88:12, 88:27 up [54] - 8:22, 9:24, weekly [1] - 41:4 TRIBUNAL [2] - 1:1, 89:1 10:25, 11:6, 11:14, weeks [2] - 14:11, 22:26 yeah.. [2] - 71:29, 72:22 Tribunal's [2] - 40:7, 11:16, 11:19, 12:20, well-known [2] - 24:19, year [1] - 66:3 86:15 13:2, 22:2, 22:3, 22:9, 54:29 years [15] - 8:15, 8:21, trick [1] - 41:30 27:7, 27:20, 29:24, well.. [1] - 15:28 8:24, 10:22, 21:15, tried [1] - 54:10 30:3, 30:4, 30:15, whatnot [1] - 74:13 31:25, 36:24, 37:18, tripe [1] - 74:19 30:30, 32:19, 32:20, whereas [1] - 38:24 54:22, 55:12, 56:1, 60:30, 61:13, 80:8, triumph [1] - 28:3 32:25, 32:26, 32:30, whereby [1] - 59:21 84:26 trouble [2] - 13:1, 29:2 33:9, 33:10, 34:1, whilst [1] - 7:5 yes' [1] - 57:24 true [2] - 54:24, 68:19 34:10, 35:10, 38:1, white [1] - 70:1 yes.. [3] - 18:22, 18:25, trust [1] - 8:22 38:30, 41:4, 42:21, who.. [1] - 26:8 42:24, 48:10, 50:7, 78:13 truth [1] - 43:5 whole [2] - 9:27, 22:2 51:20, 51:21, 51:29, you.. [1] - 81:18 try [4] - 16:5, 27:4, 36:19, wholesale [2] - 30:26, 57:7 52:7, 54:24, 55:9, 31:8 your.. [1] - 24:5 59:15, 61:20, 69:29, yourself [3] - 6:7, 8:24, trying [8] - 10:13, 27:27, widest [1] - 32:3 70:10, 70:20, 70:22, 41:16 30:21, 31:7, 41:30, width [1] - 38:11 73:12, 74:9, 86:15 52:17, 73:3, 79:25 William [2] - 32:20, 62:11 upstairs [1] - 65:25 Tuesday [1] - 1:14 Willie [7] - 12:27, 13:7, £ urged [1] - 22:18 Tullyvallen [1] - 33:23 25:9, 31:19, 31:20, usual [1] - 15:13 £3,000 [1] - 79:3 turned [1] - 73:12 31:28 UVF [1] - 31:17 turning [1] - 38:17 window [1] - 17:25 twice [1] - 80:27 wish [4] - 9:23, 40:9, two [33] - 2:14, 4:12, V 43:14, 55:30 wished [1] - 10:6 8:18, 9:19, 12:7, 12:9, vague [1] - 38:28 12:10, 13:13, 19:17, wishes [1] - 7:20 Valentine [1] - 63:17 20:27, 22:26, 26:7, Witness [35] - 26:11, validity [1] - 85:7 30:12, 33:3, 33:11, 26:12, 28:13, 28:16, value [1] - 84:26 34:15, 42:2, 48:4, 49:6, 29:7, 29:9, 49:19, van [2] - 33:2, 48:11 49:12, 49:16, 49:22, 49:25, 49:29, 50:3, variety [1] - 41:2 51:5, 53:29, 65:23, 50:29, 56:15, 56:19, various [3] - 8:8, 27:10, 65:26, 65:28, 66:24, 56:26, 56:28, 56:29, 30:29 70:3, 80:5, 80:7, 80:12, 56:30, 57:3, 57:13, vegetation [1] - 37:26 80:15 58:1, 58:13, 59:13, venue [3] - 3:1, 3:3, 88:22 two-hour [1] - 2:14 59:14, 63:14, 63:19, venues [1] - 30:29 type [5] - 8:19, 15:2, 64:17, 65:18, 67:28, via [1] - 49:29 26:20, 51:28, 52:6 68:7, 68:9, 68:23, 71:4,

Doyle Court Reporters Ltd.