A P P E A R A N C E S The Sole Member: His Honour Judge Peter Smithwick For the Tribunal: Mary Laverty, SC Justin Dillon, SC Dara Hayes, BL Mr. Fintan Valentine, BL Instructed by: Jane McKevitt Solicitor For An Garda Siochana: Mr. Dermot 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: Ms. Fionnuala O'Sullivan, BL Instructed by: James MacGuill & Co. For the Attorney General: Ms. Nuala Butler, SC Mr. Douglas Clarke, SC Instructed by: CSSO For Freddie Scappaticci: Niall Mooney, BL Instructed by: Michael Flanigan Solicitor For Kevin Fulton: Mr. Michael O'Higgins, SC Instructed by: John McAtamney Solicitor For Breen Family: Mr. John McBurney For Buchanan Family/ Heather Currie: Ernie Waterworth McCartan Turkington Breen Solicitors NOTICE: A WORD INDEX IS PROVIDED AT THE BACK OF THIS TRANSCRIPT. THIS IS A USEFUL INDEXING SYSTEM, WHICH ALLOWS YOU TO QUICKLY SEE THE WORDS USED IN THE TRANSCRIPT, WHERE THEY OCCUR AND HOW OFTEN. EXAMPLE: - DOYLE [2] 30:28 45:17 THE WORD “DOYLE” OCCURS TWICE PAGE 30, LINE 28 PAGE 45, LINE 17 Smithwick Tribunal - 7 June 2011 - Day 5 1 1 THE TRIBUNAL COMMENCED ON THE 7TH OF JUNE 2011 AS FOLLOWS: 2 3 CHAIRMAN: Morning ladies and gentlemen. Mrs. Laverty. 4 5 MRS. LAVERTY: Morning, sir. 6 7 OPENING STATEMENT 8 9 INTRODUCTION 10 11 Deaths of Chief Superintendent Breen and Superintendent 12 Buchanan 13 14 On Monday, 20th March 1989, Chief Superintendent Harry 15 Breen and Superintendent Bob Buchanan were ambushed and 16 killed by the professional IRA on the Edenappa Road just 17 north of the boarder near Jonesboro, County Armagh. They 18 were returning from a meeting in Dundalk garda station. I 19 wish to take this opportunity on behalf of the Tribunal's 20 legal team to offer the families of the late Harry Breen 21 and the late Bob Buchanan, who are following this inquiry, 22 our deepest sympathy on their loss. 23 24 Chief Superintendent Harry Breen joined the RUC on the 5th 25 May 1957. He was in the Force for nearly 32 years when he 26 died in 1989. He rose through the ranks to become 27 Divisional Commander of 'H' Division, which covered an area 28 taking in large parts of south Down and Co. Armagh. Harry 29 Breen was married to June and they had two children, David 30 and Gillian. Doyle Court Reporters Ltd. Smithwick Tribunal - 7 June 2011 - Day 5 2 1 2 Superintendent Bob Buchanan joined the RUC on the 13th 3 August 1956 and had been a police officer for almost 33 4 years. He rose through the ranks and was commended on six 5 separate occasions. He was Border Superintendent for the 6 border area within 'H' Division and was responsible for 7 cross-border matters and in particular liaison between the 8 RUC and An Garda Siochana. He was very active in his 9 church and was married to Catherine and had two children, 10 William and Heather. 11 12 303 RUC and RUC Reserve Officers were murdered in Northern 13 Ireland during the period that was known as "The Troubles". 14 Chief Superintendent Harry Breen and Superintendent Bob 15 Buchanan were the most senior officers to be killed during 16 that period. Their deaths could have been become just 17 another statistic in a long catalogue of tragic events. 18 However, the killings of Harry Breen and Bob Buchanan, 19 together with two other attacks near the border, gave rise 20 to serious and persistent rumours that have ultimately led 21 to the public hearings which are about to commence in this 22 Inquiry, more than 20 years after the deaths of these two 23 officers. 24 25 Events leading to the establishing of the Tribunal 26 27 The Good Friday Agreement was concluded on April 10, 1998 28 and was subsequently endorsed by popular referenda held 29 simultaneously in both Northern Ireland and in this 30 jurisdiction. The public will be familiar with subsequent Doyle Court Reporters Ltd. Smithwick Tribunal - 7 June 2011 - Day 5 3 1 issues surrounding the implementation of the Agreement of 2 1998 and a series of further negotiations were required to 3 secure the full implementation of that agreement. It is in 4 this context that negotiations took place in 2001 5 culminating in intensive negotiations at Weston Park in the 6 summer of that year, from which emerged the Weston Park 7 Agreement between the Irish and British governments on 8 certain matters providing for the final implementation of 9 the Good Friday Agreement. In the course of the 10 negotiations leading up to the Weston Park, the question 11 arose of examining a number of killings which occurred at 12 the hands of paramilitary organisations and in respect of 13 which there had been allegations of collusion by security 14 forces. 15 16 The parties to the Weston Park Agreement decided to appoint 17 a retired judge of international standing, who ultimately 18 turned out to be Peter Cory, a retired judge of the 19 Canadian Supreme Court, to examine a number of specified 20 killings and to make a recommendation as to whether there 21 should be a public inquiry in respect of any of them. 22 Included in the matters under Judge Cory's review were the 23 killings at the hands of the Provisional IRA of Lord 24 Justice and Lady Gibson in 1987 and Chief Superintendent 25 Harry Breen and Superintendent Bob Buchanan in 1989. 26 27 In due course, both in this opening statement and in 28 evidence, the terms of Judge Cory's report will be analysed 29 in more detail. For present purposes, it is sufficient to 30 say that Judge Cory came to the conclusion that a number of Doyle Court Reporters Ltd. Smithwick Tribunal - 7 June 2011 - Day 5 4 1 deaths which had occurred in Northern Ireland warranted a 2 public inquiry in that jurisdiction and that, while the 3 deaths of the two RUC officers, Breen and Buchanan, 4 occurred in Northern Ireland, the allegation of collusion 5 by a member of An Garda Siochana in those killings required 6 that there be a public inquiry in the State to investigate 7 the matter. 8 9 Judge Cory did not recommend an inquiry into the deaths of 10 Lord Justice and Lady Gibson as he believed that it would 11 have been possible to establish Lord Justice Gibson's 12 travel arrangements without the collusion of a member of An 13 Garda Siochana. We are therefore mindful of the fact that 14 the deaths of Lord Justice and Lady Gibson do not come 15 within your remit, Chairman. I think it worth commenting 16 that no further similar atrocities were committed in the 17 aftermath of the Breen and Buchanan shootings, where 18 collusion was alleged. 19 20 In this report on the Breen and Buchanan killings, Judge 21 Cory stated as follows: 22 23 "During the Weston Park negotiations, which were an 24 integral part of the implementation of the Good Friday 25 Accord, six cases were selected to be reviewed to determine 26 whether a public enquiry should be held with regard to any 27 of them. 28 29 This case, like that of Finucane, Hammill, Wright, 30 Nelson and the Gibsons, was specifically selected as one of Doyle Court Reporters Ltd. Smithwick Tribunal - 7 June 2011 - Day 5 5 1 those to be reviewed to determine if there was collusion, 2 and, if so, to direct a public enquiry. In light of this 3 provision in the agreement, failure to hold such inquiry as 4 quickly as possible might be thought to be a denial of the 5 original agreement, which appears to have been an important 6 and integral part of the peace process. The failure to do 7 so could be seen as a cynical breach of faith which could 8 have unfortunate consequences for the Peace Accord. 9 10 Further, if, as I have found there is in this case, 11 evidence capable of constituting collusion, then members of 12 the community would undoubtedly like to see the issue 13 resolved quickly. Indeed, a speedy resolution is essential 14 if the public confidence in the police and the 15 administration of justice is to be restored. In this case 16 only a public enquiry will suffice. Without public 17 scrutiny, doubts based solely on myth and suspicion will 18 linger long, fester and spread their malignant infection 19 throughout the Republic and the Northern Ireland community. 20 No prosecutions appear to be contemplated. Therefore the 21 public enquiry should proceed a soon as it is reasonably 22 possible to do so." 23 24 Terms of Reference 25 26 Pursuant to the agreement made between the Irish and 27 British governments and in accordance with Judge Cory's 28 recommendation that public inquiry be held, this Tribunal 29 was established by Order of the Minister for Justice 30 Equality and Law Reform, Michael McDowell TD, made on the Doyle Court Reporters Ltd. Smithwick Tribunal - 7 June 2011 - Day 5 6 1 31st May, 2005. This order was made consequent on the 2 adoption of resolutions by Dail Eireann and Seanad Eireann 3 on 23rd March 2005 and 24th March 2005 respectively, that 4 it was expedient that a tribunal be established under the 5 Tribunals of Inquiry (Evidence) Acts 1922-2002 to inquire 6 into "suggestions that members of An Garda Siochana or 7 other employees of the State colluded in the fatal 8 shootings of RUC Chief Superintendent Harry Breen and 9 Superintendent Robert Buchanan on 20th March 1989." 10 Further, the Tribunal is to report to the Clerk of Dail 11 Eireann and to make such findings and recommendations as it 12 sees fit.