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

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Page 1: A P P E A R A N C E S The Sole Member For the Tribunaljustice.ie/en/JELR/2011-12-16_-_Smithwick_Tribunal_-_Day... · 2019-02-06 · 4 away to your Eurodisney, and then when I came

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, SCMr. Justin Dillon, SCMr. Dara Hayes, BLMr. Fintan Valentine, BL

Instructed by: Jane McKevitt

Solicitor

For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC

Mr. Michael Durack, SCMr. Gareth Baker, BL

Instructed by: Mary CumminsCSSO

For Owen Corrigan: Mr. Jim O'Callaghan, SCMr. Darren Lehane, BL

Instructed by: Fintan Lawlor Lawlor Partners Solicitors

For Leo Colton: Mr. Paul Callan, SCMr. Eamon Coffey, BL

Instructed by: Dermot Lavery Solicitors

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For Finbarr Hickey: Fionnuala O'Sullivan, BL

Instructed by: James MacGuill & Co.

For the Attorney General: Ms. Nuala Butler, SCMr. Douglas Clarke, SC

Instructed by: CSSO

For Freddie Scappaticci: Niall Mooney, BLPauline O'Hare

Instructed by: Michael FlaniganSolicitor

For Kevin Fulton: Mr. Neil Rafferty, QC

Instructed by: John McAtamneySolicitor

For Breen Family: Mr. John McBurney

For Buchanan Family/Heather Currie: Ernie Waterworth

McCartan Turkington BreenSolicitors

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 TWICEPAGE 30, LINE 28PAGE 45, LINE 17

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I N D E X

Witness Page No. Line No.

KEVIN FULTON

CROSS-EXAMINED BY MR. DURACK 1 10

CROSS-EXAMINED BY MR. O'ROURKE 34 2

CROSS-EXAMINED BY MS. MULVENNA 76 18

EXAMINED BY MR. RAFFERTY 86 28

RE-EXAMINED BY MRS. LAVERTY 107 15

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THE TRIBUNAL RESUMED ON THE 16TH OF DECEMBER, 2011,

AS FOLLOWS:

CHAIRMAN: Mrs. Laverty, the witness is now seated and

ready to begin. May I ask if there are any further

questions from members of the legal team?

MR. DURACK: Yes, I hadn't finished yesterday, sir.

KEVIN FULTON CONTINUED TO BE CROSS-EXAMINED BY MR. DURACK

AS FOLLOWS:

Q. MR. DURACK: Good morning again. 1

A. Good morning, sir.

Q. Now, might I ask you about some detail. I think you told 2

us that you initially got involved with Mr. Blair after you

were out from prison and you were green-booked in the

summer of 1987?

A. Yes, sir.

Q. And you told us it was sometime shortly after that, I 3

think, that you were told that Mr. Corrigan was involved in

the Narrow Water thing?

A. Yes, I would have heard that conversation passed.

Q. And can you tell us -- you also told us that you told your 4

minders at the time about that?

A. Yes, sir.

Q. Are you in a position to write down the names of your 5

minders at that stage?

A. Yeah. I have actually done the same minders yesterday as

well.

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Q. Oh, did you? 6

A. Yes, sir, yeah.

Q. Oh, I didn't realise you had. 7

A. They have been done over these past few days. But you do

realise, a lot of these minders' names are not the real

names.

Q. It may give the authorities an opportunity to identify who 8

they are. But that was the first occasion that you had

passed on information that would have been relevant to

Mr. Corrigan, isn't that right?

A. Yes, sir.

Q. And I think, then, the next occasion was, in fact, in 9

relation to the time of these murders that we're concerned

with, which is the 20th of March, 1989?

A. Yes, sir.

Q. Were they still the same minders? 10

A. No, there was different minders, sir. And then there was

another time when MI5 came in and I would have repeated my

whole history to these people in that debrief, as well, in

London.

Q. When do you think that was? 11

A. The big debrief with different departments was when I came

back from Eurodisney, I had contacted Military Intelligence

in Lisburn and another -- I was told to call back another

day, which I did, and, at this stage, someone from, as he

says, "we are from British Intelligence and we are running

everything," so they arranged to meet me with Military

Intelligence in London.

Q. You agreed yesterday that that was sometime after the 12

summer of 1991 that you came back from Eurodisney?

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A. It would have been. The actual date, I don't really know

the exact date.

Q. I appreciate that may be a difficulty. But could I just 13

take you back to '89, which is a couple of years earlier,

which is when you had heard the reference to Mr. Corrigan

being of assistance in relation to the Breen and Buchanan

murders?

A. Yes, sir.

Q. You told us that you told your handlers at that stage. Can 14

you identify who they were?

A. They were military, sir.

Q. And do you have names for them? 15

A. Yeah, I have already given the names. If you want, I'll

write them down again.

Q. I'm just not sure whether you have given those -- you think 16

you have given those?

A. I think I have, sir, yes.

Q. Very good. Then the next date, then, is the 28th August of 17

1989, which is the Omeath --

A. Yes, sir.

Q. -- matter? 18

A. Yes, sir.

Q. And you told -- again, you told us that you told your 19

handlers at that stage --

A. Yes, sir, absolutely, and on the debrief in London I gave

them all the details of everything throughout my own

career, again, sir.

Q. Again, did you have -- were you still with the same minders 20

by August 1989?

A. No, sir. There was a break at that stage and then I went

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away to your Eurodisney, and then when I came back there

was new handlers.

Q. So you didn't go to Eurodisney until the summer of '91? 21

A. Yes, sir.

Q. I am talking about Omeath back on the 28th of August, 1989, 22

and then subsequently between Omeath and the murder of

Oliver, which was while you were away, the Fintan Callan's

incident, I am just wondering, could you provide us, if you

haven't already done so, with the names of --

A. Handlers that I gave the information --

Q. Can I just finish the question. I just want to get this 23

concisely, if we can. The names of the people whom you

told about Omeath on the 28th of August of 1989; the fact

that Mr. Corrigan had cleaned up the scene, in Omeath. Who

was dealing with you at that stage?

A. Who was dealing with me? They were handlers from the

military, sir.

Q. I know, but I just want to identify -- 24

A. Do you want me to say their names?

Q. No, if you just write them down. I want to be in a 25

position to check with these people as to what they will

say. At least the Tribunal to be in possession of it. I

don't need to know. And between Omeath and the murder of

Tom Oliver, there was the incident at Fintan Callan's; can

you tell us who you told about that?

A. Yes, sir.

(Witness writes names down)

Q. Now, when you came back, then, from Eurodisney, you say you 26

were there when Tom Oliver was killed in July of 1991?

A. Yeah.

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Q. You say you had a major debrief at that stage? 27

A. Yes, sir.

Q. Now, was there a change in your handlers at that stage? 28

A. Yes, handlers changed all the time. Sometimes you'd have a

handler, a few handlers, usually two or three. The way

that would work is, they would come and handle you, they'd

get to know you, and then, maybe, over a space of, maybe,

twelve months, one of those handlers would, maybe, change,

and a new person would be brought in, so it was never a

case that you were brought in with total new handlers

unless there had been a break. So that's the way, they

rotated around, and you always got it that you had friendly

faces with you at all times.

Q. Now, your major debrief was when MI5 became involved in the 29

summer of '91?

A. Yes, sir.

Q. Are you in a position to write the names of any of those 30

people that you dealt with in London?

A. Yes, I am indeed, yes.

(Witness writes names down)

Q. Did you have real names for any of those people? 31

A. Yes, one person in particular, Bob. Bob was a pseudonym --

Q. Yes. If you can write down what you consider to be their 32

real names. I think you said they were people from MI5?

A. Yes, sir.

Q. They were people from the military? 33

A. Yes.

Q. And there could have been some people from the RUC? 34

CHAIRMAN: Sorry, Mr. Durack, I didn't catch when this --

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MR. DURACK: This relates to the meeting in London he had

with MI5, the military and some members the RUC, which he

tells us happened after he returned from Eurodisney, which

appears to be the summer of 1991.

A. Then, there were other individuals were at this meeting who

I have no idea who they were. They never identified

themselves in any way, but they had Northern Ireland

accents.

Q. If you can just mark your note, if you would, that it is 35

the London meeting. Now, you told us that --

CHAIRMAN: Just a moment, I just want to make sure that I

have got these. I don't quite follow one thing. You have

given me two real-named people from the RUC?

A. Yes, sir. These were RUC officers.

CHAIRMAN: You said they were later brought in --

A. They were later brought in by --

CHAIRMAN: Later during the meeting?

A. No, later on at a later date. They weren't at London, but

they were later brought in by MI5 when we were back in

Northern Ireland operating again. Maybe you'll remember

that I was handled by army and MI5, not RUC Special Branch,

but when things were happening, MI5, they were saying, they

had to go, after our meetings, and then brief people within

the RUC place, and they were saying would it be possible to

bring in -- they knew my views of Special Branch, and they

asked would it be possible to bring in two Special Branch

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officers, basically, to sit in on the meeting. They would

have no control of me and I didn't work for them. And I

agreed at that stage that they could come to make things

easier, to get things going quicker.

CHAIRMAN: Thank you very much. I just want to write down

the description.

A. And at that debrief, sir, we went through my whole career,

everything I had done and all the operations I was involved

in, yes, sir.

Q. MR. DURACK: Now, I think you told us yesterday, beginning 36

at, I think, question 849, on Day 67, that you were making

bombs in the Republic of Ireland with 'Mooch' Blair, and

that you were trying out new types of incendiary devices,

new mixes in fertilisers, and things like that.

A. Yes, sir, that is correct.

Q. And that you told your handlers of that? 37

A. Yes, sir.

Q. And to give you a relevant date, I think it was -- you've 38

said it was shortly before the murder of Colleen McMurray?

A. Yes, sir, that is correct.

Q. And that was in 1992? 39

A. Yes, sir.

Q. So that was the following year. Who would you have given 40

that information to?

A. It would have been to the, some of the names that I have

just said there now, yes, sir. It would have been the MI5

people and the army personnel and there was other people

unidentified.

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Q. Now, you told us, also, that you, in fact, brought handlers 41

to various -- to a place in the Cooley mountains?

A. No, sir, I didn't bring them to the place in the Cooley

mountains. What the army did and the MI5, we had a

meeting, there was a bunker built into the mountain, and at

this stage it was the IRA's intention to -- basically, it

takes a long time to grind explosives -- or fertiliser, so

you can grind it and store it but you then have to mix in

your different things with it; it can be benzene, sugar,

whatever you want to do, or diesel. So what they do is,

they have a store of stuff already, maybe grind down the

fertiliser, that's the monotonous part, it takes a long

time. So they dug this dump to hold, it was a like a store

for ground fertiliser and bombs. So what my handlers got

me to do, they gave me a Magellan GPS - this was way before

ordinary civilians would have it - and they instructed me

in the use of this GPS system. So we actually met outside

Newry and we went down to, I think it was Victoria Lock on

the Omeath Road. They pulled in there. There was RUC

officers with us, the two gentlemen that I named that were

with the MI5 people at that stage. And they switched over,

gave me the device personally and said, "If you are stopped

with it up there, just say to the IRA you found it in your

garden and you were bringing it down, you don't know what

it is." It was a story that may have worked, it may not,

but we had to take chance. So what I did, I actually drove

down to the site of this bomb -- sorry, it's a store, and

the way I was instructed to do it, before this stage I had

actually gone down with a video camera mounted in my car,

and the way I would do it for them is I would go to a

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certain point and I would hit my mileage to zero, I would

log it on the camera and then drive, and, as I was driving

to the dump, there would be places going up the mountain

road where there'd be key points, like a grille thing to

stop the cows going over, you know, into the mountain part,

and I would say what the mileage is at that spot. The

camera would still be rolling. I'd park my car, I'd take

the camera out and walk up into the mountain with the video

camera and actually videoed the dump, opening the dump, I

videoed going into the dump, showed the explosives. There

was, at that time, a gas-bottle bomb, they call it, you

know like, it would be a gas bottle that they use in a pub

to pump the beer out. So what the IRA done is, sometimes

they'd use these as a bomb or a booster charge, you know,

sometimes, for big bombs. There was one of those with a

box timer on it, so I videoed it as well. Came back, gave

that to them, and that's, then, at later stage they gave me

the GPS to go back and get a map reference of the actual

dump. So when I went down and did that, I remember at the

meeting they were saying, people in London were delighted

with the video footage, the name of this dump, and they

passed a comment, they said, "Did you know this dump is

just a few metres inside the Irish Republic?" Of course I

didn't, because I thought it was well into the mountain.

But there is actually a wall on the mountain just beside

the dump and it was actually near enough to the border, so

you could stand on one part behind the wall and you are in

Northern Ireland, go on the next one and you were in the

Irish Republic. But the dump was in the Irish Republic,

sir.

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Q. Now, so you went there on your own but with the assistance 42

of this equipment?

A. With the assistance, yeah, because, I mean, the

security-force people they waited just north of the border

and I went down with this equipment, yes, sir.

Q. Now, can you tell us, you gave, you say, back the video and 43

you were in a position to give them the coordinates --

A. The machine did the coordinates, yes, sir, accurately.

Q. Can you tell us who you gave them to? 44

A. I gave that to, at that time -- you see, sir, I was run by

MI5, so it went to the person --

Q. Sorry, are they still the people? 45

A. They are on the list.

Q. Still the people on that list? 46

A. Yes, sir, there is people on that list, yeah.

Q. Now, you were saying that you never worked for Special 47

Branch?

A. No, sir, I was never working for Special Branch.

Q. Were there not RUC men involved as part of your handling? 48

I am talking about this stage now --

A. Yes, this is the stage where I'm saying my handlers in MI5

and army said, we would like to bring Special Branch people

in. Now, at this stage, my handlers knew my own personal

views of Special Branch, and the thing is, I would just not

have worked for Special Branch. My handlers were aware of

this and they asked would it be okay, with my agreement, to

bring some people from Special Branch in, because when I

had meetings with my own handlers, it meant they had to go

then and brief people within the RUC Special Branch, and

whatever, sir, so, this way, it took an extra meeting out

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by taking two people to sit in from another department.

Q. Well, would this explain why the Chief Constable said that 49

you worked from Special Branch from '92 to '94?

A. Would you need to speak --

Q. You may have been getting paid by the military, but that he 50

was getting information?

A. The thing is, I would not have worked -- if my handlers had

said to me "you are working for Special Branch," I would

not have worked for them, sir. They knew my own personal

views of Special Branch. So I was working for the military

first, and MI5 took over the supremacy of it. They were

classed by -- I mean, even the army people called them, and

so did the Special Branch officers, used to call my

handlers in MI5 the rich cousins, because MI5 had a budget

that no one else had.

Q. Now, I think from '94 to '96, you were working for Customs 51

and not doing anything with any of the others, is that what

I understood you to say?

A. Yes, sir, I was working for Customs, and I was actually

pinpointing the same people that I was pinpointing with MI5

and the army, so there was going to other departments and

things were getting done, things that MI5 and other people

didn't seem to --

Q. Who were you dealing with in Customs? Can you give us the 52

name?

A. I can give you his name, certainly, yes.

(Witness writes name down)

There was a few other people actually, their names have

slipped me, but the main person is there.

Q. If you'd identify him as the main one, just mark it -- 53

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A. Absolutely, sir, that's what I have done.

Q. Then, after Customs, I think it follows that, in August 54

'97, you started working for Witness 71, who was in the

Drug Squad?

A. Witness 71, yes, sir, that is correct, and that was because

the people in Customs, basically, the main person says that

they could not handle the level of information that I was

giving them and he advised me to speak to someone in the

police, and I said I wouldn't go to Special Branch, and he

suggested a person, and people in the Drug Squad, he said

they were actually good people and, you know, he trusted

them, so I went in, yes.

Q. And did the military or MI5 come back into the picture at 55

that stage?

A. No, sir, not at that stage. We had a major fallout.

Q. Did they come back into the picture at all after '97? 56

A. Not to me personally, sir, because at one stage they tried

to have me killed by another agent, so of course I wouldn't

speak to them, no.

Q. I'll come back to that in a minute. 57

A. Yes, sir, of course you will.

Q. So essentially, then, it was Witness 71 from that until you 58

moved to the UK?

A. Yes, sir, that is correct.

Q. Sorry, you were involved with No. 70, I think? 59

A. 70 came into it as well because of some of the things that

was happening.

Q. But we know who they are? 60

A. Yes, sir.

Q. So everything that you knew of importance in relation to 61

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the collusion allegation against Mr. Corrigan, was in the

hands of your handlers?

A. It would have been in the hands of my handlers on a number

of occasions, yes, sir.

Q. We know that when Judge Cory was asked to look into the 62

files, that he was to be provided with all the relevant

information as to collusion?

A. Yes, sir.

Q. Why did you go to him yourself? Did you have reason to 63

believe that he wasn't being given all the information?

A. No, sir, I was contacted by a journalist -- I mean, I was

living in England, and what people must understand here is,

in England, things that happen in Ireland very rarely get

reported, so you would not hear of anything. And it's

just, there was a journalist contacted me and said there

was a person in a victims' group, "would you talk to them?"

So I said yeah, no problem.

Q. I think you gave us the name of the journalist? 64

A. Yes, sir, I gave you the name of the journalist and the

name of the person in the victims' group, yes, sir.

Q. But had anybody given you any reason to believe that Judge 65

Cory hadn't been given the information that you had given

to your handlers?

A. At that stage, sir, I didn't know, really, what was going

on until I met the person from the victims' group. And

it's not a case did I know that he wasn't being given the

information? I didn't know what information he had been

given or he hadn't been given, because I don't think, at

that stage, he had ever said to anyone, "I have been given

this" or "I haven't been given this." I don't think anyone

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knew what he had given.

Q. So, at that stage, then, you gave him your statement? 66

A. Yes, sir.

Q. And we can ascertain what he learnt from others or from the 67

authorities?

A. Well, I don't know what he learnt from authorities, sir,

because I am not in a position --

Q. We probably don't, either. 68

A. Okay, sir.

Q. But we'll have a look at that. 69

Now, can I ask you a little about the capacity of the IRA,

during the time that you were involved, in terms of

equipment and facilities, etc.?

A. Yes, sir.

Q. You agreed yesterday, I think, with Mr. O'Callaghan, that 70

the information that you had given to Judge Cory, which was

that his client had rung the IRA to tell them that the

officers were in the station?

A. Well, that's what I assumed, yes, that's it, sir.

Q. But -- and that would have been between sometime shortly 71

after ten past two to sometime shortly after ten past

three?

A. Well, I'm not sure on the time because I had nothing to do

with the operation and it meant nothing to me.

Q. Of course. But there or thereabouts? 72

A. Yes, sir.

Q. But, equally, you were told yesterday that the official 73

information appears to be that the activity started at

sometime like half eleven in the morning. So even if there

was a phone call, it can't have been terribly relevant to

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the operation going, isn't that right?

A. Well, I mean, you are saying that. I don't know that.

But, I mean, if that's what you say, absolutely, if you say

that --

Q. It's information in the possession of the Tribunal at the 74

moment. That's all I can tell you.

A. Yes, sir.

Q. But I am wondering, did the IRA have any facility within 75

the Newry telephone exchange or within the telephone

exchange north of the border, as far as you are aware?

A. Not to my knowledge, no, sir.

Q. I take it, though, that you did have access to scanners, 76

which could listen to RUC and Garda networks?

A. Sometimes. At one stage you would have been able to have

them. But at our stages, then, the police actually got new

radio systems, and it was basically the same as the army,

it would be a coded system like a woodpecker and all you

would get is de-de-de-de-de-de, you couldn't actually

listen or decode messages. In the old days, sir, you could

listen in and -- but, I mean, the police and the army were

sometimes very wise to that, as well, and they would just

go different codes. And I remember, many, many years

before all that, you'd get police saying go by other means

and then they wouldn't speak on the radio. They would have

some other means, that we didn't know, that they were

communicating, yeah.

Q. But certainly, there would have been unsophisticated ones 77

around in 1989, and they would have got more sophisticated

in the following ten years?

A. I am sure. I mean, I wasn't very big into communications,

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sir. We used CB radios.

Q. And they weren't secure at all? 78

A. Of course not. But we had our own codes as well.

Q. Just as we were talking about listening, you mentioned 79

yesterday that you, I think at question 939, that you

recorded conversations with the police, and I think this

was -- this was in '98?

A. Did I mention I recorded conversations with the police or

someone else recorded -- someone else has given you that on

a document, sir?

Q. Hold on, I'll tell you what you said. I think it's 80

question 939. Sorry, you had been talking about, that at

the time when you were working for the CID and you were

giving -- you were talking about the man you targeted,

which was Mr. Marotta, and he was based in London?

A. Yes, he was only one gentleman. There was other people

from within the Provisional IRA were working with

Mr. Marotta. I targeted those people as well, sir.

Q. I see. Can you provide the Chairman with the names of 81

those people?

A. Absolutely, sir. No problem.

(Witness writes down names)

Q. And in answer to question -- sorry, sir. 82

CHAIRMAN: I'll just make a note of these. You have

written down a female name?

A. Yeah, female.

CHAIRMAN: As the partner of a named -- a man. You put a

question-mark after her name. You don't know her --

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A. I can't remember her surname. But she was actually

arrested and convicted, charged and convicted as well.

Yeah.

Q. MR. DURACK: In the course of your answer to question 949, 83

you were going on to talk about this incident, and you

said: "No, I just want to make sure, you know, just so the

Tribunal know, those conversations were recorded by me with

the police, in my presence, and they knew from their own

listening devices in some of the people's houses involved,

that this was being planned."

A. Yes, sir.

Q. Now, two things, I suppose: In terms of your time as being 84

an agent, what recordings did you make?

A. What do you mean, sir, what recordings did I make?

Q. What recordings did you make? You say these conversations 85

were being recorded?

A. Some of these recordings were done in the presence of RUC

officers, yes, sir, and that would have been Officer 70 and

71 at a public phone box in Hollywood, sir, one call was

made to one of these people on the list. And, at a later

stage, when the balloon went up and some of these people

were arrested for a different operation that I was involved

in, one of these gentlemen found a listening device in his

house, and it was alleged the police had put it there. He

alleged that, sir.

Q. And you did this taping, as you say, with the agreement of 86

the police. Did you do any other taping of conversations

or taping of --

A. There was other times I had tapes with police to record

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calls and record conversations within that operation, and

they were -- the equipment and the tapes were all marked as

evidence, and they were done at Knocknagoney, the technical

support unit from the RUC.

Q. And any other time in your career were you involved in 87

taping or recording information that you were in a position

to keep rather than give to your authorities?

A. For me to keep?

Q. Mmm? 88

A. Not that I remember. If I recorded anything and kept it,

it was for my own personal use or protection.

Q. That's really what I'm thinking about. 89

A. Oh, you probably should have said that's what you were

talking about.

Q. You said at some stage in the course of something that I 90

read, that, in fact, you had various tapes of conversations

with you had given to your solicitor?

A. There is tapes of different things that are not relevant to

this Inquiry, sir, that I have for my own protection, yes,

sir.

Q. Very good. Now, then, in relation to the listening devices 91

in other people's houses, you said that one was found.

That was in the course of this computer operation, was it?

A. It was just after the computer operation. Never actually

happened, but on a straight run in, it run in constantly

with that, was the St. Brendan's, it was a fraud that these

same people in -- they had someone who was able to get

cheques from St. Brendan's, a liquor company.

Q. You told us about the cheques. 92

A. They got it from the bottom of the box so it wouldn't be

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missing for a long period of time, yes, sir.

Q. Were you aware of any other places being -- with listening 93

devices in them?

A. That wouldn't be my department. I mean, that would have

been the police themselves. I mean, that has nothing to do

with me.

Q. But you are not aware of anything else being found by the 94

IRA?

A. Not really, not that I am aware of, no, I haven't heard,

sir.

Q. Very good. The -- now, you told us that, if we go back a 95

bit again, back to 1989 and back to the murders we are

talking about here.

A. Yes, sir.

Q. You told us that your unit wasn't involved, but that, as 96

time went by, you were inclined to get -- accumulate

information as to who might have been involved, the chat

about the place?

A. Not about the individuals involved, sir, no. You would

have heard, maybe, that's what I heard, they were there,

they were going to take all the books from them, they were

going to take them, interrogate them. You wouldn't have

heard -- the south Armagh unit were -- to a great extent,

worked on their own. They didn't like working with other

people. Occasionally, they did bring other people in when

they needed to, but that was really on a need-to-know basis

and you were always kept in the cold, sir.

Q. Well, what did you hear about the operation in terms of how 97

it was executed?

A. Well, all I heard was that the IRA had teams on every road,

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you know, going north, and that they had intended to take

the two officers live and take them in and interrogate

them, which would be quite a logical thing to do if you had

that many men out and it was possible. But I suppose it

can be the same as any military operation, where the best

laid -- best planned operation turns to rot as soon as the

first shot is fired. You know, no one can tell what's

going to happen after the first shot goes off.

Q. So you are not in a position to tell the Tribunal as to who 98

might have been involved or who, or --

A. Absolutely not, sir, no.

Q. -- who might have planned it? 99

A. No, sir, I wouldn't.

Q. Or do you even know how many were involved? 100

A. No, sir, I wouldn't know how many were involved, but they

are saying there is teams on every road. I couldn't put a

number on it.

Q. Was it three or four roads may be relevant? 101

A. Maybe more, sir. There was Forkhill, Edenappa, you would

have had in by Ravensdale, the Dublin Road, they could have

been down the Omeath Road. You just don't know what road

they were going to take. It's quite clear even the IRA

didn't know what road they were going to take.

Q. In terms of the involvement of the Detective Sergeant in 102

this, you thought it was that he had rung up the station,

and that's as much as you knew?

A. That's as much. Yes, I would not be in a position, I

wouldn't be in touch with that man. He wouldn't be in

touch with me. I would know nothing, sir, only what I have

picked up from my OC.

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Q. But there was no other suggested involvement that you 103

heard?

A. Not that I have heard of, no, sir.

Q. Now, you have talked of your involvement, and you say only 104

as a driver, in relation to the Internal Security Unit?

A. Yes, sir.

Q. What was your knowledge of Mr. Scappaticci? 105

A. Just really from the Internal Security Unit, sir.

Q. And when did you first come to know him -- can you tell us 106

when you first met him and for how long you knew him?

A. For a long time, he'd be up and down to Dundalk, when I was

there, he would be with 'Mooch' now and again, and then

when John Joe Magee -- at one stage, John Joe Magee was

living in Belfast, and I was John Joe's driver when he came

up to Dundalk. So usually I would hire a van or, if I had

the car with me, I would pick John Joe up and I would go to

the train station, which was across from the Garda station.

I'd pick John Joe up and take him in maybe to 'Mooch's or

to Mickey's house.

Q. And over what period did you know him, is really what I'm 107

trying to --

A. Over what period?

Q. Yeah. 108

A. It would be the eighties and nineties.

Q. Throughout, virtually, the whole -- 109

A. Yeah, he was a man -- he was a sort of person you didn't

want to have to have any dealings with, the same as John

Joe, because if you knew you had to meet John Joe or

'Scap', you knew usually you were in trouble or something

was wrong. So they are not the sort of people you want to

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have to go to talk to.

Q. You told us that, ultimately, in fact, that you yourself 110

were looked into by them and that's what caused you to

leave?

A. Yes, sir. On two occasions -- what you have got to

remember is, within a group like the IRA, everyone falls

under suspicion at sometime, and everybody could --

circumstantial evidence could be classed as a tout or an

informer. So everyone is under that suspicion. So, at

times, if operations goes wrong, there does be an inquiry,

and what would happen is you'd be called to Dundalk. At

this stage, John Joe was living there, so he was just

across the road from 'Mooch', across a road. So you'd be

called into his house with the people that you were on the

job with, if the job went wrong and someone was arrested.

So they would put you into different rooms and give you,

just like here, they'd give you a sheet of paper and a pen

and say, write down what your involvement in this operation

was, what you done and what happened right up until

somebody was either caught, arrested, or whatever. So

everybody would write down their little statements and

you'd have John Joe looking at it, or 'Scap' would look at

it, sometimes 'Mooch' would be there and look at it, and

they would go over with each person, saying, and weigh out

what the job was, and maybe what the weakness was, or

whatever. It was just like an inquiry to see what went

wrong, sir.

Q. And I think you -- I think you told us at some stage, is 111

it, that he ultimately came under suspicion?

A. He told me himself that, at one stage, he had been arrested

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by the Internal Security Unit, taken away and questioned.

It does happen to a lot of people. Usually -- most of

them, there is nothing there, they get released, whatever.

Q. You yourself, in fact, fell under suspicion as well? 112

A. I did, I fell under suspicion a number of times, yes, sir.

Q. Was he involved in your investigation? 113

A. Who is this, sir?

Q. Mr. Scappaticci? 114

A. One of them, yes, sir.

Q. Which one was that? 115

A. That was after Derek Martindale in Belfast. It was well

published on the news, and everything else. An IRA team, a

complete team was arrested on the job. I mean, the police

arrested two groups of them, arrested people, that were

holding a family hostage, and gunmen that were trying to

kill the officer.

Q. And I think, ultimately, there is a discussion out there 116

that he, in fact, was an agent as well?

A. Which one, sir?

Q. Mr. Scappaticci? 117

A. Yes, sir, yes, indeed, sir. He was an informant.

Q. Now, in relation to Mr. Blair --118

A. Yes, sir.

Q. -- you were, as you said, involved with him for quite a 119

protracted period?

A. Yes, sir.

Q. And as I understood you yesterday, you said that, coming 120

towards the Omagh bomb time, that you were, in fact, were

targeting him?

A. After the Omagh -- not targeting. It was just any dealings

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I had with him, I'd report back to handlers. I wasn't

particularly targeting him, but any dealings I had with him

I gave it back to my handlers.

Q. I thought that was the word you used? 121

A. No, after the Omagh bomb thing, I did actually go out and

target him specifically, and we went after him on a number

of avenues, but they all seemed to be thwarted by the

police; they stopped things.

Q. Yes, I think you deal with that issue from question 953 122

onwards. But you were targeting him, but they were

thwarted. And what did this lead you to believe?

A. Well, sir, the way I looked at it myself for many years, I

was an agent, informant, tout, whatever you want to call

it, so, basically, I was protected by the people I worked

for, and, you know, you don't -- when you are in the middle

of it, you don't see these patterns - well, you don't see

the pattern you leave - but when you do come away from it,

you can see, very clearly, the patterns, that they are,

actually, sometimes very obvious, especially if you have

went through it yourself and, you know, it actually stands

out, what you have been doing.

Q. And can you share with us what you decided in the end? 123

A. What do you mean "decided in the end," sir?

Q. Sorry, you targeted him, you -- the targeting didn't result 124

in his arrest, and what did you -- what conclusion did you

come to as a result of that?

A. That he was being protected by some State agency, North and

South. Well, the thing is, in the North, I mean -- at this

time, 71, my handler, 71, I mean, at this stage we had this

-- well, you want him to be a criminal or a terrorist with

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the Real IRA, had come up with a million Viagra tablets,

that he was willing to take £5 a tablet. That's £5

million. So even on a criminal enterprise, that's a pretty

big operation even for police to go for, which I think

police would be happy with. And, again, 'Mooch' supplied

-- I told him I needed a sample, so he gave me this sample.

There was a blister-pack of four, but there was two

missing --

Q. You told us about that yesterday. 125

A. I am just explaining to the Judge. I gave it to my

handler. He did his checks within the police and he came

back and concluded that these, indeed, were genuine Viagra

tablets and they were held with Pfizer, they were not in

circulation; they were held securely. And at that stage,

my handler came back and said he wasn't allowed to talk to

me any more, and the operation was scrapped, sir.

Q. And I think you came to the conclusion then that 'Mooch' 126

was an agent as well?

A. Well, I came to the conclusion he walked on water, so, yes,

more than likely, an agent. I mean, even a criminal

enterprise, never mind anti-terrorist thing, I mean, for

not to take a golden opportunity like that where you had a

source within close to the people and the control could be

done on the people arrested, you know it's strange, to say

the least, sir.

Q. And I think you also knew Mr. Ingram, isn't that right? 127

A. Yes, sir.

Q. And what did you know of him? 128

A. At the time, I mean, I had never heard of him until a

certain editor of a newspaper spoke about him and then

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introduced me to him, and then he -- the paper had said he

had done stories before with them and he worked for Force

Research Unit, which was a secret unit within Army

Intelligence.

Q. Was that the same unit as you worked for? 129

A. Yes, sir.

Q. Sorry, go ahead. 130

A. But I didn't know Mr. Ingram at that time, or anything.

Q. And when did you get to know him? 131

A. I can't remember the exact date, sir. It was at a meeting

in Dublin, you know.

Q. And where was that; was that a meeting at the Department of 132

Justice or Foreign Affairs?

A. No, no, it wasn't. It was always at a hotel, sir.

Q. I see. 133

A. Yes, sir.

Q. But you can't tell us precisely when? 134

A. I can't remember the exact date, sir, no. I am hopeless on

dates.

Q. And your joint interest was what? Was? 135

A. At this time, the editor of the newspaper in Northern

Ireland, I have already given you his name yesterday, he

was a Special Branch informant, he arranged to meet, and

then we went down and we met with Ingram and we were just

talking, the person in the paper was basically saying:

Meet him, he'll understand yourself. I think the editor

wanted more information himself, really, than the rest of

us. But when I met Mr. Ingram, he was basically saying,

like, you know: Go through your thing. What were you

talking about? Who did you meet? And I mentioned a few

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names of people that were baby-sitting me in Berlin and

different places, and he knew these people because they

were his bosses, so he knew then exactly who I was working

with.

Q. And so he was in a position to check you out? 136

A. Yes, sir.

Q. Am I right in thinking, then, that your mutual interest at 137

that stage was that, you were unhappy that you were not

being taken care of by your former employers, and was he

equally unhappy?

A. He had nothing to be unhappy about. You see, a lot of

people get this impression, that Martin Ingram was not

happy with his pension. Martin Ingram had no gripe with

anybody, sir. Martin Ingram gets his army pension. Martin

Ingram, to my knowledge, has helped a lot of people,

victims as well, of terrorist violence in Northern Ireland,

and other victims' groups. He has helped these groups. He

has nothing to gain. And really, he is putting himself in

the firing line by doing so, you know...

Q. And I think he went public, if you like, about 1999, isn't 138

that right, or thereabouts?

A. I can't remember the date, sir.

Q. And have you appeared on various media with him? 139

A. I have appeared in one magazine with the two of us

together, I think. I don't know about -- what sort of

media? What are you on about, like?

Q. No, I came across a radio programme of Alex Jones? 140

A. Oh, Alex Jones, that was a radio -- but he was in a

different part of the country. It was a telephone

conversation, yes, sir.

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Q. I see. Of the 21st of September, 2006. That's to be found 141

on YouTube.

A. The Internet.

Q. It's an American radio programme, isn't that right? 142

A. Yes.

Q. And I think, there, you talked about -- both you and he 143

talked about various things in your career, and I think

both of you were phoning in to the programme, is that

right?

A. No, the guy phoned us; we didn't phone him. He phoned us.

Q. What I mean is, all three of you weren't in the room at the 144

same time?

A. Oh, absolutely not, no. All three of us were in different

parts of England, and he was in America.

Q. And that programme is available to hear on the Internet. 145

A. If you say so, sir.

Q. You told us yesterday, or maybe it was the day before, 146

sorry, to go back on it, that you were -- you were unhappy

that you had not been properly taken care of?

A. Well, sir, it's like you working as a lawyer for so many

years for a big company and them saying to you, at the very

end, "give us your key, close the door," and they turn off

the phone lines. Your whole life's work. It's not a case

of 15, 20 years; it was a case of, it was a very dangerous

job I was doing. I was given guarantees, like everyone

else is before they go into it, and I thought those things

were there for me. I had no reason not to believe it. And

if I didn't believe it, I wouldn't have done the job. It's

like you working your lifetime and not getting your

pension. Would you instruct a lawyer or would you just let

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it go, sir?

Q. In fact, I think you did come to Dublin to talk to some 147

civil servants?

A. Yes, sir, I did at one time, yes, sir.

Q. And I think that was on the 18th of April, 2002? 148

A. I couldn't remember the date, sir.

Q. And I think you were looking for assistance from the 149

Government in pursuing your claim against the British

authorities, isn't that right?

A. We spoke about a number of things, sir. I can't remember

exactly what we did speak about.

Q. You didn't, at that stage, say anything about Mr. Corrigan 150

or collusion, did you?

A. Sir, there is a lot of things I haven't even spoke about to

this day.

Q. No, it might have been an opportunity -- 151

A. But, I mean, to you -- you think this is a great

opportunity, this is a very important thing. To me, sir, I

am sorry, but I don't see it in the same light as you

people would see it. I am dealing with people who were

doing terrible things on a daily basis or a weekly basis,

so, you know, something like that is, forgive me saying,

way down the scale, you know.

Q. Did you provide information to the Sunday Independent about 152

a milk scam sometime back in 2004?

A. The Sunday Independent, I might have spoke to a journalist

who printed it in the Sunday Independent. I would have

been -- it wouldn't have been me speaking to the Sunday

Independent. I would have been speaking to a journalist,

yes, sir.

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Q. And I think that was an allegation that Mr. Jim Higgins and 153

Mr. Ivan Yates had been involved in a multi-million euro

milk scam, isn't that right?

A. I am just going to write down the names for the Chairman.

Q. Please do. 154

(Witness writes down names)

A. Yes, sir.

Q. But you did provide them with some information on such a 155

story, isn't that right?

A. Yes, sir, but I actually provided the information to

Customs and Excise, and I am just going to fill you in on

the story because there is a lot of gaps that people aren't

aware of.

Q. Do. 156

A. At that time, sir, there was a person who was in -- from

Newry, and I have supplied the Chairman with the person's

name; he was a registered Special Branch informant. At

this stage, this Special Branch informant was dealing with

people within Customs down here in the Irish Republic, and

allegedly had great contacts within An Garda Siochana. The

thing is, this person was involved with IRA people as well,

and what they were doing was a VAT scam, now VAT or -- some

sort of grant with the EU. And what they do is, they had a

thing called - well, Customs called it a carousel, where

you'd maybe buy two or three containers of milk powder and

you would ship them out to one of these countries and you

would get some sort of duty back on each container. This

thing is, during one of the meetings with this man - the

Chairman has his name, I am sure he'll supply it to you,

the registered informant - he came up in the conversation,

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saying that he had met with two people, Higgins and Yates.

I am not into politics, I don't know what their job -- one

was a Minister of Finance and one of Agriculture, or

something like that. So I passed that information on. He

was going to dinner with these people and they were helping

him set this thing up. Now, Customs and Excise arranged

for me to fly with a gentleman, name who I already have

with -- one of my Customs handlers is on it -- and we flew

to London. When I told them about the stuff they had done

on an initial investigation and seen that this thing was

actually happening, okay? So we flew to Heathrow Airport

in Dublin, me and this Customs gentleman, and we met two

other Customs people from Brussels. Now, at that time,

they did their investigation, as well, from the Brussels

end; they were very worried because they must have had

something on it. But what actually happened was that,

within about 48 hours of me doing that there, this person,

the registered informant from Newry, came back to me and

says, "Did you say that to anyone?" I says, "Absolutely

not." He says, "No, because the Customs is looking at it."

Now, here is the interesting thing, is, I had went and got

him his, you know - what do you call it? - bill-heads and

letter-heads for the company of a printer in Newry, so I

did, and I gave it to him, but, I mean, I told Customs what

I had done and I gave them the information. Sir, I gave

you the trading company as well. And the thing is, I was

able to be told then by Customs that, already, the Customs

and the Guards in the South were already watching it, sir.

But what actually happened is, they were watching the

containers. They were actually siting in a warehouse in

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Amsterdam. And I think other Government agencies from down

here in the Republic were also watching it for, maybe,

firearms as well, they thought there may have been drugs or

firearms coming back within the milk powder. And that

would be the involvement of Mr. Higgins and Yates were,

they were meeting with this guy from Newry. I have already

given you his name, sir.

Q. And they appear to have sued the Sunday Independent. And 157

subsequently, on the 6th of November, 2008, their libel

action was settled.

A. Well, lucky them, sir.

Q. It appears that the Sunday Independent couldn't stand over 158

it?

A. I don't know, I don't know -- the Sunday Independent didn't

contact me, sir.

Q. I see. Now, I suppose you are aware that, after 1985, 159

there was to be increased cooperation between the

Intelligence and Garda forces, North and South, and into

the -- into Britain, and that, basically, that information

that was relevant to any particular party, would be shared

with that party?

A. Right, sir.

Q. And you have told us that you put various items of 160

intelligence into the mix, if you like, in to your handlers

in relation to matters that would have been of concern to

the Gardaí in the South, and, in the ordinary course of

events, one would have expected that that would have been

shared with the Gardaí in the South, and that, therefore,

things like your allegations in relation to the Detective

Sergeant would have been shared with the South?

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A. Well, I wouldn't know. I wouldn't be in a position to know

that.

Q. There doesn't appear to be any record of that? 161

A. Well, you need to go back to handlers, sir, and find out

why it's not. Maybe you're not aware -- well, there are a

number of my records concerning myself and my handlers have

disappeared or been destroyed. Maybe you are not aware of

that, either, sir.

Q. No. 162

A. Well, you should look that up, sir. I think the Ombudsman

covered that in part of the Omagh bomb investigation,

that -- what was it? Some files concerning myself and

operations that I was involved with with my handlers, had

been destroyed, and I think -- I remember a phrase on it

saying something -- sometimes this was systematically done

with operations that I was involved in. This was what the

Ombudsman found, sir. This isn't me saying this. Yes,

sir.

Q. So that there are two options: One, you either didn't give 163

the information to your handlers and, therefore, they

couldn't pass it on; or you did give it to them and they

didn't pass it on?

A. Well, you'd have to take that up with them. I mean, I am

not in control. Once I give them the information, what

they do with that is entirely up to them.

Q. I appreciate that, but that would appear to be the options? 164

A. Yes, sir.

MR. DURACK: Thank you very much indeed.

CHAIRMAN: Any other questions of the witness?

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THE WITNESS WAS CROSS-EXAMINED BY MR. O'ROURKE AS FOLLOWS:

Q. MR. O'ROURKE: Mr. Keeley. 165

A. Good morning, sir.

Q. My name is Martin O'Rourke, and I represent 166

Mr. Scappaticci.

A. Good morning, sir.

Q. I want to ask you some questions about your evidence 167

generally and what you say about him specifically, do you

understand?

A. Yes, sir.

Q. Can I, first of all, ask you, Mr. Keeley, have you ever had 168

any psychiatric treatment?

A. No, sir, I haven't.

Q. Have you ever been seen by a psychologist? 169

A. No, sir, I haven't.

Q. Do you drink? 170

A. No, sir.

Q. Have you ever drunk? 171

A. Maybe one pint or two pints in an evening maybe once a

month, sir. Very moderate.

Q. Well, tell me, do you deliberately overstate your own 172

importance or do you see yourself as being a very important

figure?

A. No, sir, I never overstate my importance. I'd actually --

I mean, I am not as important as anyone else or I am as

important as anyone else. I don't overstate it. Maybe

your client is, maybe, understating his importance.

Q. Well, do you see yourself as a hero? 173

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A. Absolutely not, sir.

Q. All right. But you would see yourself as unsung, would 174

you?

A. No, sir, I wouldn't see myself as unsung.

Q. Well, do you think you have been given the credit you think 175

you deserve?

A. Sir, I am not looking for any credit. I mean, I have been

on the record as saying I have done some very terrible

things, been involved with them, as well as saved a lot of

people's lives, sir, yes.

Q. Well, do you see yourself as a bit of a celebrity? 176

A. Absolutely not, sir, no.

Q. But you are keen to maintain the public interest in you, 177

aren't you?

A. No, sir, I am not.

Q. You are not? 178

A. No, sir.

Q. So you, when you left Northern Ireland and went to England, 179

did you try to recede into the background?

A. I actually have receded into the background, sir.

Q. Was that your objective of going to England, to try and 180

disappear and become anonymous?

A. No, sir, I was living on the streets; therefore, I needed

to take my legal challenge to the courts, and, in the

process of doing that, newspapers became involved, yeah.

The same as your own client at the moment, he quoted the

press as well, "I am not an informant, I am not 'Steak

Knife'". Well, in actual fact, sir, he is an informant -

well, well was an informant, and he is 'Steak Knife'.

Q. You are familiar with the fact that, in or about May 2003, 181

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the Scappaticci/'Steak Knife' story hit world press, is

that right?

A. I wouldn't know the date, but I do know it hit world press,

yes, sir.

Q. It was a fairly widespread story at the time? 182

A. Yes, sir.

Q. And you know, don't you, that when the name Scappaticci is 183

introduced in the context, for example, of this Inquiry, it

tends to make headlines?

A. You are trying to think we are going to bring your client

in to make this a headline inquiry? Sir, I don't think

this Inquiry needs any headlines; it's doing its own job.

Q. Just answer the question, if you would, please? 184

A. Right.

Q. Don't you know that when the name Scappaticci is 185

introduced, it tends to get the headlines?

A. Well, it's like any name gets the headlines in an inquiry

like this here, sir.

Q. Is the answer yes or is the answer no, to my question? 186

A. I wouldn't agree just the name Scappaticci gets a headline.

I mean, 'Mooch' Blair is equally as bad as Scappaticci.

Q. So may I take it that you do accept that, when Scappaticci 187

is introduced, it tends to get headlines?

A. Sir, no one is introducing Scappaticci to get a headline.

It's just that Scappaticci was involved in a certain

incident that involves this Tribunal, so, you know --

Q. That's not my question, whether you did or did not 188

introduce it for headline purposes.

A. What are you trying to suggest, sir?

Q. No, but do you accept that it tends to get headlines? 189

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A. It depends if the press pick it up, sir.

Q. All right. When you were trying to be anonymous other than 190

to get your just -- the rights, as you saw it, from your

employers, tell me about your art exhibition in London in

2003?

A. Explosive art.

Q. Right. Tell me, did you have an art exhibition? 191

A. In the end, I didn't do, because I just decided that it

would not be right to do it, sir.

Q. Well, did you not have an art exhibition in London? 192

A. Me?

Q. Yes. 193

A. No, sir, I didn't.

Q. Well, did you try to set up an art exhibition? 194

A. What do you mean, did I "try to set up"?

Q. Tell us. 195

A. I had actually been invited by a gallery to submit a piece

of art, yes, sir.

Q. Yes... 196

A. Yes.

Q. What gallery was that? 197

A. I can't remember, but I can get the details of a dealer

from an art gallery that wanted me to submit it.

Q. And did you not submit? 198

A. No, sir, in the end I didn't submit it.

Q. Why was that? 199

A. Because I just didn't, sir.

Q. But I'm asking you why you didn't? 200

A. Because I decided not to, that's why it was not submitted.

Q. Did you not have an exhibition in the Luke & A Gallery at 4 201

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Pollen Street, Mayfair, in November of 2003?

A. No, sir, I didn't have an exhibition there.

Q. All right -- 202

A. I think your information is, maybe, wrong.

Q. So the media publication of that -- 203

A. It must be incorrect.

Q. Must be incorrect? 204

A. It must be. I haven't seen that, sir.

Q. All right. And it was -- what was it, explosive art? 205

A. Yes, sir.

Q. And what were you painting, or were you sculpting or -- 206

A. It was photography as well as electronics, sir.

Q. What type of electronics? 207

A. Electronics, sir, it was just electronics.

Q. Were you making radios or -- 208

A. No, sir, I wasn't making radios.

Q. What were you doing? 209

A. I was making little lights flash, sir.

Q. Little lights flash? 210

A. Yes, sir.

Q. What was explosive about that? 211

A. It's just a term, 'explosive art', sir. There is other

people do explosive art where they explode paint onto a

canvass, and that's what you call explosive art as well,

sir.

Q. So it was just little lights? 212

A. Yes, sir.

Q. Flashing? 213

A. Mmm.

Q. And what was artistic about that? 214

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A. Well, sir, art is in the eye of the beholder, isn't it?

Like, some things what I would class as art you might say

is rubbish, and some things you might think as art I would

say I wouldn't even give it room in the coal shed wall.

Q. What did you think was artistic about it? 215

A. To me, it was just my little piece of artistic art, sir.

Q. Well -- 216

A. Again, what you might think is something totally different,

but that was my view and it was some other people's views

as well.

Q. And why do you think the Luke & A Gallery were interested 217

in your work?

A. There was a person had approached me.

Q. Yes, but why do you think they had approached you? Did 218

they hear about you from other galleries?

A. I have idea. You'd have to ask them.

Q. Why do you think? 219

A. I have no idea. I didn't think.

Q. Is it because you were the notorious double agent, Kevin 220

Fulton, or do you think it was because of the intrinsic

quality of your art?

A. I would like to think it was my art, sir.

Q. Right. You don't think it was because you were the 221

notorious --

A. What do you mean "notorious"? Explain to me "notorious"?

This is a great word.

Q. Because you like notoriety, don't you? 222

A. No, sir, I don't want to be in the press at all. I just

want to disappear like everybody else.

Q. So you like to disappear? 223

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A. I would like to disappear, yes, sir.

Q. All right. We'll come back to that. 224

A. I am sure there is some people could arrange it.

Q. So the little flashing lights? 225

A. Yes, sir.

Q. Were you not, in fact, submitting photographs of coffee-jar 226

bombs and electronic bombs, was that not --

A. No, I did not submit that at all, sir. As I say, I didn't

submit anything.

Q. Is that not what your explosive art exhibition was about? 227

A. No, sir, not all of it, no. I was actually doing a thing

with little flashing lights on a canvass.

Q. Little flashing lights? 228

A. Yes.

Q. So, tell me, I am just going to hold up a photograph. Do 229

you recognise that photograph?

A. Yes, I do indeed, yeah.

Q. Is that --230

A. That is explosive art as well, yes.

Q. Is that your art? 231

A. Absolutely, that was some of the pieces I had done, yeah.

Q. And the pipe bomb, is that your art? 232

A. It's not a pipe bomb. That's actually a doodlebug, sir.

Q. Is that part of your art? 233

A. That is art, yes, sir.

Q. Is that part of your explosive art? 234

A. It was something I was thinking of doing in explosive art,

yeah.

Q. And the Nescafe jar with the wires beside it, that's --235

A. Yeah. Sure some of the exhibitions that they have over

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here where people have guns tied in knots and all,

absolutely, sir.

Q. But that's your explosive art. So why did you not just 236

tell us about that?

A. Because I never submitted it, sir. You were saying I was

going to submit to the Luke & A Gallery, but I did not

submit it. You took that off a website, sir, yeah.

Q. Am I going to be liable for a fee for that? 237

A. No, but the thing is, you did actually download a stolen

photograph and --

Q. I'm going to come to that. 238

A. I am just going to tell you that you did download a stolen

photograph. You tried to submit it here. You did

distribute it, and, yes, I will be taking legal action

against you.

Q. I'm going to come to that in a moment, but if I could stick 239

to the art.

A. Yes, sir.

Q. Why didn't you, when I was asking you about your explosive 240

art and you said it was just two little flashing lights on

canvass --

A. Yeah.

Q. -- why didn't you tell us that it was explosive devices? 241

A. Those weren't explosive devices, there is nothing explosive

in any of those.

Q. Why did you not tell us about them? 242

A. The thing is, the art piece that I was going to submit was

the flashing lights on canvass, not those items.

Q. Have you got something to hide, Mr. Keeley, about these 243

matters?

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A. About what matters, sir?

Q. About telling us that you were photographing coffee-jar 244

bombs?

A. Those aren't coffee-jar bombs. If those were coffee-jar

bombs, sir, I would have been arrested. I mean, the

Metropolitan Police knew about these things I was doing and

were quite happy with them. I think you are trying to take

us down a road, sir, that's absolute nonsense, but go

ahead.

Q. Tell me, did you set up a website exhibiting your art? 245

A. Absolutely, sir, yeah.

Q. You did. So you didn't submit to the gallery, but you set 246

up a website exhibiting your art?

A. The same as your own solicitor's practice, you have your

own website submitting the things that you do for your

practice. And like all artists or anybody else, they all

put up their own websites.

Q. Let's see. The Sunday Mirror on March 13, 2005, referred 247

to your explosive art website. It was called

www.explosive-art.com, is that right?

A. If you say it. I can't remember it. It's not live now at

the moment.

Q. I appreciate that. But do you agree, first of all, that 248

that was -- was that in 2005?

A. The date I can't remember, but I do remember the site,

yeah.

Q. Was it, do you agree, at a time that you were trying to 249

recede into the background and disappear?

A. Well, a person has to make a living, sir. You can't go

down a hole or live in a cave, can I, for the rest of my

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life?

Q. Can I take it from your answer that you agree that, yes, it 250

was during this period of time that you were trying to

recede and disappear?

A. Well, the receding and disappearing, sir, does that mean I

am not allowed move on with my life and make things?

Q. Do you agree that it was at that time that you set up this 251

website and put it on the Internet?

A. It's on the Internet, yeah.

Q. But do you agree it was at that time? Have you a 252

difficulty with that question?

A. At what time? Explain at what time? That I was trying to

recede?

Q. At the same time that you were living in England and trying 253

to be anonymous?

A. Well, the thing is, I was anonymous because people didn't

know who I was, where I was living.

Q. And tell me, did you supply the information to the Sunday 254

Mirror or did they just take it from your website?

A. I mean, if you could read the article. I can't remember.

Q. It's "Former army spy has launched an Internet website 255

promoting art work based on his years as an undercover

agent in Northern Ireland." Then it gives the name of the

website. "Is the brainchild of Kevin Fulton of the

top-secret Force Research Unit. His website shows how

household items such as coffee jars, nails and a glue gun

can be adapted and used to build bombs. Fulton says he

hoped his work would give the public an insight into the

world of the terrorist." And then: "'For the first time,

the public can actually see what a terrorist device might

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look like,' he says."

Now, did you say that to the Sunday Mirror?

A. I can't remember, but I may have said it, but it's quite

clear it would give the public an insight into what

terrorist devices looked like, yes, sir.

Q. So, you see, what I am suggesting to you, Mr. Keeley, is 256

that, contrary to your suggestion that you were trying to

recede into the background, you were putting yourself about

and trying to promote and publicise yourself, is that right

or wrong?

A. Where is this actually leading to, sir?

Q. Don't you worry about that. 257

A. I am actually not worried about it, sir.

Q. But am I right about it, that you were trying to promote 258

yourself?

A. It was there for my art work. I mean, you promote yourself

as a solicitor or do your little bits of whatever, you

know. I was putting my art on the line and showing people

it. I don't see a big problem in that. Or maybe you have

a problem with that.

Q. Do you have a problem with accepting my suggestion that you 259

were trying to promote yourself?

A. Not really. I wasn't promoting myself, sir, no.

Q. Tell me about the film 'Infiltrator'. 260

A. What about it, sir?

Q. What do you know about it? 261

A. Well, all I know is that Warner Brothers were going to do a

film on an article that a journalist had writ [sic] a

story, and the same journalist had been to Michael

Flanagan's offices and had coffee with Michael Flanagan.

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Q. Is the story about you? 262

A. It's about me and other people.

Q. Did you take exception to someone making a film about you? 263

A. About my life?

Q. Yes. 264

A. Absolutely, because I had no control over what people were

going to say about me.

Q. What did you do about that? 265

A. What do you mean what did I do about it?

Q. Well, you heard they were going to make a film, didn't you? 266

A. Yes.

Q. You objected to that?267

A. I did, yes, I told them that if they did anything or wrote

anything about me or made a film about me that was wrong, I

would take legal action.

Q. What was the nature of your legal action? 268

A. I can't remember. I didn't take legal action. Nothing

happened.

Q. Did you not get compensation in the end? 269

A. Off them?

Q. Yes. 270

A. No. Why, did you hear I did?

Q. Did you seek -- were you claiming that it was a breach of 271

copyright?

A. You are saying now did I not get compensation? Of course I

never got compensation. But if you heard I did, please let

me know so I can go and find it.

Q. Were you claiming it was a breach of your copyright? 272

A. It would be my life story. I mean, people were going to

write about my life in a different way that I had no

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control of.

Q. Were you told that was a breach of your copyright? 273

A. Well, to me, it was my copyright. My life story, it would

have been.

Q. Yes. So what were you claiming they were doing wrong? 274

A. I told them if they went to go ahead and do it, I would

seek legal advice and take action on it.

Q. For what? 275

A. Nothing happened, sir, so I didn't get doing anything, did

I?

Q. Well, was it for a breach of copyright? 276

A. Tell me what it says then.

Q. I am just asking you. 277

A. I can't remember, sir, it's so long ago.

Q. You can't remember? 278

A. No.

Q. All right. So you were writing to Leonardo DiCaprio? 279

A. I did not write to Leonardo DiCaprio.

Q. Was it not his company? Was he not going to play some role 280

in this film?

A. I don't think it's his company, no.

Q. Well, is he not involved in the film? 281

A. Allegedly, he was to be. I don't know.

Q. And you can't remember what you were writing to -- how 282

often do you write to Warner Brothers?

A. I think I wrote one or two e-mails, that was it, all those

years ago.

Q. And you can't remember what you were claiming or what you 283

were saying to them?

A. No, not offhand, sir.

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Q. Well, can I suggest that what you were writing to them was 284

that you were claiming your life story was, somehow, your

preserve and your copyright?

A. Right.

Q. That you wanted to preserve this because it was yours, is 285

that right?

A. I can't remember offhand --

Q. Is it -- 286

A. One would like to be able to keep control of one's own

life, what's written about one. I mean, some newspaper

articles are absolute nonsense. You know, you don't have

editorial control of anything that somebody else writes.

Q. But it wasn't because you were afraid of being libelled; it 287

was because you wanted to preserve your story, which you

saw was yours, to be used by you perhaps at a later stage?

A. You seem to know more about it than I do.

Q. Wouldn't you like to cash-in on your story?288

A. No, sir, I am not really interested in cashing-in on my

story.

Q. Yes, you are -- 289

A. There you go, you are a solicitor, you know anyhow

yourself.

Q. Would you like to cash-in on your story? 290

A. Not at this time.

Q. Not at this time? 291

A. Not even at another time. I'd just like to go away and

melt away.

Q. What did you mean, "not at this time"? 292

A. Because I have no interest in it, that's why.

Q. What did you mean by "not at this time"? 293

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A. I'm just saying not at this time. Maybe in twenty years'

time I'll maybe change my mind, sir.

Q. So you wanted to preserve it, right. Now, you then 294

published a book in 2006?

A. A book was published, yes.

Q. Well, is it not your book? 295

A. It's a book about my story, yes, sir.

Q. All right. And was that, do you say, published at a time 296

when you were trying to be anonymous?

A. It was published. But I was still being anonymous, sir,

nobody still knows where I am or who I am, where I live, so

that's the beauty about living in cities.

Q. Do you agree with me, Mr. Keeley, that you are driven by 297

money?

A. Do you work for nothing, sir?

Q. Do you agree -- 298

A. I am not driven by money, but, you know, I am here at this

Tribunal and I am not getting paid. Are you?

Q. Do you agree that when you were working for CID, that you 299

got very substantial sums?

A. I did, yes, but, then again, I worked. I wasn't doing a

nine-to-five job. That was my job.

Q. Do you agree that you are pursuing a financial package, at 300

the moment, through your legal team?

A. I am suing my pension that was actually promised to me,

yes, sir.

Q. And isn't it right that when your photograph was shown in 301

this Tribunal, that you wrote to Mr. Flanagan --

A. Yes, sir.

Q. -- claiming a breach of copyright for using your 302

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photograph?

A. It was a stolen photograph of me that was used by a

newspaper and I counted as to do me harm because I never

allow a photograph of my face. This was a photograph -- I

had already complained to the police, many years ago, about

it being stolen and used in the North Belfast News. The

police had an active investigation into the theft of that

photograph. It is my copyright. And like any other agency

or any other person that owns copy of an item, you have

your own price for it. My price for that, yes, for the

unauthorised use of it, is £5,000.

Q. Is it because you thought it might do you harm or because 303

you thought it was an infringement of your copyright?

A. It is an infringement of my copyright.

Q. Which is it? 304

A. My motivation is to stop people from using it. I have

already been in touch with people to get it taken off

sites. But some of them have taken it off. Other people

have used it even though they know it is a stolen

photograph, doing a full picture of my face, and, to me,

that is only there to cause me harm or death, by people who

would like to do me those things.

Q. Well, did you -- when you wrote to Mr. Flanagan, did you 305

say that?

A. You have the letter. You read it out.

Q. No, but did you say that you were concerned that this might 306

harm you?

A. I have already been on the record with newspaper articles

and to the police, that people have done this to cause me

harm.

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Q. No, but did you tell Mr. Flanagan, when you wrote -- 307

A. I don't remember exactly what I have written on the letter,

sir.

Q. It wasn't that long ago, Mr. Keeley? 308

A. I know it wasn't that long ago but I have a lot of things

on my mind just lately, sir.

Q. You wrote on the 28th July; you e-mailed him? 309

A. Yeah.

Q. And what you said is: "I am the copyright owner of this 310

photograph".

A. Which I am, sir.

Q. And you said that he had illegally downloaded it? 311

A. Yes, sir.

Q. And that you charge a fee for any copyright infringement of 312

your property?

A. Yes, sir.

Q. And that there was a fee of £5,000? 313

A. That is correct, sir.

Q. So, did you mention that you were concerned that use of it 314

in the confines of the Tribunal --

A. I was just giving him the bare-bones of it, sir, to let him

know that they did infringe on the copyright. He knew

exactly what he had done was wrong. A solicitor

downloading a stolen photograph? Now, if you ask me, maybe

an ordinary person in the public doing it might get away

with saying "I didn't realise I was breaking the law" but

quite clearly I don't think a solicitor would have any

forgiveness whatsoever, sir.

Q. The only concern you expressed in your e-mail was 315

financial, isn't that right?

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A. In that there, it is financial, yes. I mean it would stop

you downloading it a second time. I believe even, sir, [to

the Chairman] you instructed the Tribunal not to use the

photograph when it was presented here that morning.

Q. You agree, don't you, that you are a person who is willing 316

to lie when there is money in it for you, don't you?

A. No, sir, I don't agree with that whatsoever.

Q. Well, you do accept the Ombudsman's report that you gave 317

false --

A. I haven't read it, but tell me anyhow.

Q. What do you mean you haven't read it? 318

A. I haven't read the Ombudsman's report.

Q. You have quoted it several times today already. 319

A. That's only one or two sections of it that were only

relevant. But go ahead and tell me what you were going to

say, go on.

Q. Have you read it? 320

A. I haven't read it all.

Q. How are you able to quote it? 321

A. I said I haven't read it all. But go ahead...

Q. You said a moment ago that you hadn't read it?322

A. Well I haven't read it all.

Q. All right. So how did you decide what bits to read and 323

what bits not to read?

A. Go ahead, sir...

Q. I want to know how did you -- 324

A. I flicked through it and it's such a big report, I just

never read it, sir.

Q. Well, do you accept the portion of the report which 325

indicates that "Kevin Fulton accepts that he supplied

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misleading information at this time. The police Ombudsman

investigators are aware of his reasons for giving this

misleading information and these issues are being

considered by a Government agency." That's your claim,

isn't it?

A. No, sir, it's not my claim. Actually, it was where my

handlers had set me up to be murdered. I have actually

talked to the Tribunal about this on a few occasions. So,

sir, I think you have got the wrong end of the stick there.

Q. You do feel aggrieved about how you have been treated by 326

the State, don't you?

A. As I said, there is a legal challenge on -- just like any

of your clients, if there is a dispute on, a solicitor will

handle that dispute, you know. I am no more aggrieved than

anybody else in a situation of a contract, sir.

Q. Yes, but you are aggrieved about the financial arrangements 327

that have been made --

A. It's a package. You are just on a financial package. If

your clients don't pay you, you know, would you be there

for them or would you not go after them for your costs? Of

course you would, sir, so you are no different than me.

Q. Can I suggest to you that you would like to have that 328

resolved?

A. It will be resolved one way or the other through the

courts, sir, yes.

Q. And you would also, can I suggest to you, you would like, 329

if you could, to embarrass the State into settling up for

you?

A. No, sir, I don't need to embarrass the State into settling

up for me.

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Q. You would like them to settle up, wouldn't you? 330

A. I don't need to embarrass them to do that, sir. It will be

done through the courts.

Q. You are aware, aren't you, that on the 17th December 2008, 331

your wife, Margaret Keeley --

A. My former wife.

Q. When did you separate? 332

A. Oh, years ago. I am away from, about ten years I am away,

sir.

Q. And do you not still remain in contact? 333

A. I am in contact with her daily, sir, yes of course, but I

mean we are still friends, but we are not man and wife any

more.

Q. You are not divorced, are you? 334

A. No, sir, in my religion we don't believe in divorce.

Q. But you are aware, in any event, that she has filed a claim 335

in the High Court in Belfast?

A. I have seen it in the newspapers.

Q. You have only seen it in the newspapers? 336

A. I haven't seen it anywhere else.

Q. Did you not talk to her about it? 337

A. No, sir, she doesn't talk to me about it.

Q. But you talk to her daily? 338

A. I talk to her daily, yes, she visits my mother in the home.

Q. But you never mentioned this claim? 339

A. Absolutely. I don't have anything to do with it, sir. I

have caused the woman enough problems.

Q. Tell me, is that true that you don't talk about this claim 340

or have nothing to do with this claim?

A. I have nothing -- what have I got to do? I have nothing to

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do with her claim. I mean she is her own person, she will

do her own thing.

Q. Did you not make a statement in support of her claim? 341

A. I made a statement to say that what actually had happened

that time, yes, sir.

Q. But that was to support her claim? 342

A. Well I am not supporting her claim. She is doing her own

thing.

Q. But did you make a statement? 343

A. Of course I made a statement that my handlers knew that she

had nothing -- my wife was arrested, as I have told the

Tribunal, over the operation that was botched to kill a

senior police officer. And I gave my wife the letter

saying that my handlers knew she had nothing to do with it

and she was arrested and held, basically, wrongly, yes,

sir.

Q. You made a statement? 344

A. Yes, sir.

Q. On the 15th October 2007, is that right? 345

A. I can't remember the date, sir, but I remember writing

something, yeah.

Q. But how did you come about to make that statement? 346

A. Because I feel full of remorse for things that I have done

with people, sir.

Q. But who asked you to make the statement? 347

A. No one asked me to make the statement.

Q. You didn't know she was going to make a claim? 348

A. I gave it to her, that' it. She was actually talking to

some other people. That's a legal matter that has nothing

to do with me, you would need to bring that up with her,

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sir.

Q. You told us you didn't know anything about the claim. 349

MRS. LAVERTY: Chairman, I am sorry for interrupting,

Chairman, there are a lot of people waiting to ask

questions here. I, with the greatest of respect, don't see

any relevance to discussing legal actions that Mr. Fulton

may or may not have had in the past, or indeed in the

present. I don't know where the cross-examination is

going, but I think that in view of the constraints on time,

that it should be relevant and relevant to the matters that

have been mentioned by Mr. Fulton that may affect

Mr. O'Rourke's client.

MR. RAFFERTY: I have to say, Mr. Chairman, I have watched

with, I suppose a sense of nothing really that I can do

about it because I don't appear for Margaret Keeley, but

Margaret, I am aware that Margaret Keeley is suing both Mr.

O'Rourke's client, Freddie Scappaticci and, vicariously,

his employer, the Ministry of Defence, for false

imprisonment and threats to kill and assault. Now, we are

straying very, very far from the terms of your remit, Sir,

I respectfully say, into what is quite clearly a personal

attack based upon the animosity that Mr. Scappaticci holds

for Mr. Keeley, and if it goes wide-ranging, then in

re-examination there will be consequences because I have to

respectfully say that I should be allowed every bit as much

latitude as My Friend has got.

CHAIRMAN: Well, Mr. O'Rourke...

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MR. O'ROURKE: Mr. Chairman, this witness has named my

client as having been involved in the matters that the

Tribunal is concerned with. Parallel to those proceedings

--

CHAIRMAN: Well, how is your client involved in these

proceedings by this witness's wife? Is he involved in

those?

MR. O'ROURKE: That's what I am inquiring about. I suggest

he is.

CHAIRMAN: I think you might perhaps concentrate on that

point, because you can't simply go on forever.

MR. O'ROURKE: I am not going on forever. I have been

literally on my feet for less than 20 minutes, and I am not

aware of the queue of people lining up to question this

witness because I understood that I was the last person to

ask any questions.

MR. RAFFERTY: No, he is not.

CHAIRMAN: There may be other counsel ready to ask

questions. But in any event, I think you do need to

concentrate --

MR. O'ROURKE: I think this matter is either relevant or

it's not relevant. I say it's not relevant, and if you

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wish to overrule me on the relevance, then so be it, but I

think I should be allowed some latitude, and I am

disappointed, I have to say, that the Tribunal counsel do

not see the relevance of this. Either they are closing

their eyes to the matter or, I submit, are not alive to the

issues that are present in this case.

MS. MULVENNA: Sorry, Chairman, I also would have questions

-- I also have questions of this witness.

CHAIRMAN: Yes, you indicated.

MR. RAFFERTY: Can I ask, Mr. Chairman, what issue does Mr.

Scappaticci take with anything that Kevin Fulton has said

in his evidence about him at this Tribunal?

MR. O'ROURKE: Well I'll conduct my cross-examination the

way I see fit and Mr. Rafferty will not direct the course

that I take.

CHAIRMAN: But I merely suggest that I think Mrs. Laverty

is correct that you have to concentrate your

cross-examination more on the witness's evidence.

MR. O'ROURKE: Mr. Chairman, does the fact that a close

family member have a claim against my client not seem

relevant to the Tribunal?

CHAIRMAN: Sorry, are you asking this witness does his

ex-wife have a claim?

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MR. O'ROURKE: We have established she has a claim.

CHAIRMAN: Well, she is making a claim, yes.

MR. O'ROURKE: Yes, and he has made a statement in support

of that claim.

CHAIRMAN: Well, all right, you can further ask him

questions, but I mean the extent to which Mr. Scappaticci

is involved doesn't appear --

MR. O'ROURKE: Mr. Scappaticci is the defendant in the

claim.

CHAIRMAN: For false imprisonment?

MR. O'ROURKE: Yes.

CHAIRMAN: Very well. Continue then in that line.

Q. MR. O'ROURKE: But you say you know nothing about the 350

claim?

A. It has nothing to do with me.

Q. So the woman that you are in contact with daily and to whom 351

you have made a statement in support of her claim, you know

nothing about the claim?

A. Not the actual ins and outs of the claim, no.

Q. Don't worry about the ins and outs. 352

A. That's what I'm just saying to you, sir.

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Q. How did you come to make the statement in support of her 353

claim?

A. Because she was arrested by the Provisional IRA with myself

after I was released, sir, from Castlerea Holding Centre.

The IRA interrogated us because of this attack on Mr.

Martindale, a senior police officer -- it's in the public

domain --

Q. Mr. Keeley -- 354

A. Hold on, I am just explaining. You asked me a question,

please let me finish.

CHAIRMAN: I think the witness must explain.

MR. O'ROURKE: If there is a time constraint, I have to say

it would be better if the witness answered my questions.

CHAIRMAN: I am sorry, Mr. O'Rourke, you must let the

witness answer the question.

MR. O'ROURKE: He is not answering the question.

CHAIRMAN: But he is explaining his answer. You are asking

him is he involved in his ex-wife's claim and why --

MR. O'ROURKE: No, no, I didn't, Mr. Chairman. I asked him

specifically how was it that he came to make this statement

in support.

A. That's what I am trying to explain.

CHAIRMAN: He is trying to explain that.

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MR. O'ROURKE: Did your wife's solicitors approach you and

say "would you make a statement?"?

A. No, sir, they didn't.

Q. How did you hear about the thing? 355

CHAIRMAN: Who asked you to make the statement?

A. No one asked me to make the statement.

CHAIRMAN: Why did you make it?

A. I made it because number one, my wife was arrested with me

by the police, and she had nothing to do with it.

CHAIRMAN: How did you know she had proceedings so that

you'd have to make a statement?

A. Because she had been talking to British and Irish Rights

Watch, which is an organisation that helps victims.

CHAIRMAN: And who asked you to make the statement?

A. No one asked me to make the statement. I made it.

CHAIRMAN: How did you know it was needed?

A. I sent to her, Sir.

CHAIRMAN: But how did you know?

A. I didn't know it was needed. I felt remorse for what I had

done to my wife. My wife was an innocent person who had

got caught up with the things of me and my handlers in the

British government. She was also arrested by the

Provisional IRA, and there was agents involved there, who

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was Freddie Scappaticci.

CHAIRMAN: Very well. How did you know -- who drafted the

statement?

A. It's only a letter on an e-mail, Sir, and I sent that to

her.

MR. O'ROURKE: It's headed "Statement".

A. "Statement". Well it's a letter; it's a statement.

Q. Let me be clear. It was used in the High Court in 356

furtherance of your wife's claim?

A. Well I wasn't present, sir, so I don't know.

Q. You just sent her this statement knowing nothing about her 357

claim, is that the case?

A. It was sent to her explaining what had happened.

Q. Knowing nothing about whether she was making a claim? 358

A. I don't know whether she was going to make a claim or not,

sir.

Q. Is that the truth, Mr. Keeley? 359

A. It is the truth, sir, yes. You would need to ask -- you'd

need to go and speak to my ex-wife.

Q. You see, what I suggest to you, Mr. Keeley, is that her 360

claim is orchestrated by you and her together?

A. Oh absolutely not, sir, no, that's an awful thing to say.

Q. And that she -- in 2011, just June past, were you aware 361

that Mr. Scappaticci had been added as a defendant to that

claim?

A. I am not following it sir, no.

CHAIRMAN: By whom?

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MR. O'ROURKE: By the plaintiff

CHAIRMAN: By who?

MR. O'ROURKE: By the plaintiff. In other words, she is

claiming against Mr. Scappaticci.

A. Right, so you tell me.

Q. You didn't know anything about that? 362

A. It has nothing to do with me, sir.

Q. Right. So she was, you say, interrogated in 1994 by Mr. 363

Scappaticci, at the same time that you were?

A. Yes, sir.

Q. And you are talking to her daily? 364

A. I talk to my wife daily, yes, sir; she rings up to see how

my well-being is.

Q. And she never mentioned to you "that man who falsely 365

imprisoned us in 1994, I am now making a claim against

him"?

A. She hasn't said that to me, sir, no.

Q. You see, I am suggesting that's untrue? 366

A. You are suggesting it, sir, but I'm just telling you that

is the case. She doesn't talk about it to me. I don't

talk to her about other things that happened within my

life, sir.

Q. I am suggesting to you that the inclusion of Mr. 367

Scappaticci in the proceedings is for the embarrassment of

the State, do you understand?

A. Why would it embarrass the State?

Q. You can't think of any reason? 368

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A. You tell me.

Q. Can you not think of any reason? 369

A. I know Mr. Scappaticci said he wasn't an informant and he

isn't "Stake knife". He is not embarrassed about anything,

is he?

Q. I say to you that it's about finances for you and your 370

wife?

A. Sir, me and my wife are separated, we don't live together

and we are not man and wife, sir.

Q. And it's for to promote your publicity? 371

A. No, sir. I would totally disagree with that. My wife's

case has nothing to do with me. It's my wife. If I wanted

to take a case against Mr. Scappaticci, I would do so and

then maybe you could make that suggestion to me, but that

is not the case.

Q. Tell me: you have told Mr. Durack just earlier this 372

morning that your involvement with Mr. Scappaticci --

A. Yes, sir.

Q. -- was in circumstances where you said that if he turned 373

up, you knew things --

A. You knew you were in trouble, absolutely, yes, sir, that's

correct.

Q. Did you ever socialise with him? 374

A. We did, we had a few pints before in different bars in

Dundalk when we with John Joe and 'Mooch' and different

people, yes, sir.

Q. And was your wife with you? 375

A. I think she would have been present at one or two, yeah.

Q. All right. So, what do you mean, then, that he was a man 376

that you were afraid of?

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A. Well, if you were going for a pint, you were going for a

pint, but if you were told to go to a house to meet him or

meet up with him, that's usually a different matter, sir.

Q. Tell me, when was that that you would have first 377

encountered Mr. Scappaticci, you say?

A. In the eighties, sir. In the eighties he was down in

Dundalk, again after a certain informer was caught in

Belfast, the RUC rescued an informer who had been

interrogated. 'Scap' moved down to Dundalk for a short

while. John Joe Magee moved permanently and a few other

IRA people that were --

MR. RAFFERTY: Mr. Chairman, whenever Mr. Keeley finishes,

I really have to object. This is all to do with the claim

in Belfast and nothing whatsoever to do with anything that

this Tribunal is properly constructed to do. This really

is being used for no other purpose.

CHAIRMAN: Well Mr. O'Rourke?

MR. O'ROURKE: I don't know what My Friend is talking

about, quite honestly. I am trying to ascertain what this

witness is saying about my client and his meetings with

him. He has named him as being involved in criminal

activity.

MR. RAFFERTY: Well, I might illustrate in the statement of

Mr. Keeley, which is before this Tribunal, which is

concerned with the murder of two police officers, in

passing. It is at page 8: "In this unit was myself,

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Patrick Joseph Blair, Mickey Collins... " -- various names

which I won't go any further with -- "... and at times

Scappaticci, who was living in Dundalk but had moved North,

again and sometimes was there when people were being

interrogated or debriefed." That's it. That's it. No

mention of Margaret Keeley. No mention of anything else.

CHAIRMAN: Very well. Mr. O'Rourke?

MR. O'ROURKE: I thought it was in this man's evidence that

Tom Oliver was handed over to Mr. Scappaticci? I thought

that was the evidence?

CHAIRMAN: Well, continue with your questioning, but you

must make it relevant.

MR. O'ROURKE: It is relevant, Mr. Chairman.

CHAIRMAN: Mr. O'Rourke, continue, but that's what I'm

saying.

MR. O'ROURKE: Was it before you went into prison or after

you came out of prison?

A. Well, it would have been after I came out of prison, sir.

Q. All right. And you deal with that in the book, don't you? 378

A. Well, I don't know. As I say, it was two ghost writers did

the book and I have always been on record there are

inaccuracies in the book.

Q. Well, what you say at page -- 379

A. Well what is said in the book.

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Q. Sorry? 380

A. What it said in the book. Go ahead.

Q. What the book records is when you came out of prison 381

invigorated by the kudos that you had acquired in prison,

you went down to Dundalk and you met with the major players

of the IRA in Dundalk, and then you proceed to name a

series of people.

A. Well who were they?

Q. Well, do you not know? 382

A. Well I haven't read. I don't read the book. You tell me.

I don't know what page you're on, what you're reading, so

you're going to have to tell me what you are going on

about.

Q. It's about 71.383

A. Well I couldn't tell you what's on page 71.

Q. You name several people who, you say, are major players in 384

the IRA in Dundalk?

A. Right.

Q. You do not mention anything about Mr. Scappaticci or anyone 385

with a pseudonym?

A. What names is mentioned?

Q. You name Mr. Hardy, Donna Maguire, James Morgan, Donie 386

Hughes.

A. All convicted people.

Q. Dermot Finucane. 387

A. Convicted people.

Q. Yes, but what I am pointing out to you is there is no 388

mention of my client --

A. But you never know -- when books are legal, there is people

who have no criminal convictions are not mentioned in them.

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Sometimes they change people's names as well, sir. I mean,

I had no editorial control on the book and, as I have said

to this Tribunal on a number of occasions, my whole history

isn't in that one book. You know, a book only has so many

pages. You can't get your life story into a book.

CHAIRMAN: Mr. O'Rourke is making the point he is naming

these names and evidently asking you why isn't Mr.

Scappaticci named amongst those names?

A. There must have been no room, or where it could have been

taken out for legal reasons. And, again, I had no

editorial control, and, again, it was two ghost writers

writ (sic) the book.

Q. You don't mention -- your evidence to this Tribunal is that 389

Tom Oliver, when he was first abducted, if that ever

occurred --

A. It did occur, yes.

Q. - was that he was handed over to Mr. Scappaticci? 390

A. And James Morgan.

Q. And James Morgan? 391

A. Yes, sir.

Q. Right. You do agree with me, do you, that there is no 392

mention of that incident in the book?

A. There are a lot of incidents that I have been involved in,

sir, are not mentioned in the book.

Q. No, but -- 393

A. You are thinking that this incident is the most important

one, the same way as other people are thinking that the

Garda is more important. You can't mention everything in

one book, sir.

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Q. First of all, let's establish: Do you agree that there is 394

no mention in the book?

A. Well if you say it's not in the book, then it mustn't be in

the book.

Q. Mr. Scappaticci, you say, was involved in the interrogation 395

of yourself and your wife in 1994?

A. Yes, sir.

Q. In fact, that was the very matter that caused you to leave 396

the country, isn't that right?

A. Yes, sir.

Q. That was a fairly significant matter, wasn't it? 397

A. It would have been, yes.

Q. Right. So, when you were recounting in the book various 398

incidents involving interrogations, etc., Mr. Scappaticci,

I suggest, would have been at the forefront of your mind

because of what you say happened in 1994?

A. Not always. John Joe was always there. John Joe was about

more than Scappaticci.

Q. No, but Mr. Scappaticci -- 399

A. And 'Mooch' was about more than Mr. Scappaticci.

Q. But Mr. Scappaticci, if you are right about 1994, had a 400

particular relevance to you, didn't he?

A. Not really, no.

Q. So, this man, who you thought was going to kill you in 1994 401

and against whom your wife has brought legal proceedings,

had no real significance to you when you were writing your

book?

A. Not any more than anybody else.

Q. All right. 402

A. You know.

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Q. And, therefore, you just didn't mention the Tom Oliver 403

incident involving Mr. Scappaticci?

A. Whereabouts?

Q. In the book. 404

A. Is it not in it? Is it not?

Q. Isn't it, Mr. Keeley -- 405

A. Everybody involved in the Tom Oliver thing, they are not

all mentioned in the book either, You know, so...

Q. Well isn't it because it never happened? 406

A. No, sir, that's not the case.

Q. And an incident in 1994 did not involve, if it occurred, 407

did not involve Mr. Scappaticci?

A. No, it did involve Mr. Scappaticci, sir.

Q. Tell me, when you went to see Jeffrey Donaldson twice, at 408

least, in the year 2000, one of the issues that he was

concerned about was whether you were reliable or credible?

A. Right.

Q. Isn't that right? 409

A. I don't know. If you are saying that's the case. I mean

he never said that to me, but go ahead, sir.

Q. He was asking you about some detail that would assist him 410

in assessing your credibility?

A. Yes, sir.

Q. And you say -- I think you told us yesterday that you told 411

him about the Tom Oliver incident?

A. I may have told him, yeah.

Q. He says you never mentioned Scappaticci? 412

A. No, because Scappaticci, to me -- you are saying he is

relevant because he is your client. But to everybody else

he is not that relevant.

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Q. Tell me this: If the incident involving Tom Oliver being 413

handed over to my client occurred, do you understand?

A. Yes.

Q. How were you able to explain that to Mr. Donaldson without 414

mentioning my client?

A. I, more than likely, didn't mention all the people involved

in it, sir.

Q. But you would have had no inhibitions about naming people 415

to Mr. Donaldson, isn't that right?

A. I would have no inhibitions bout naming people to anybody

in a lawful thing, in anything like that, no.

Q. So it was a fairly free and easy conversation you were 416

having with Mr. Donaldson?

A. Absolutely. He didn't say "sit down and put all the names

involved". That didn't happen, no.

Q. So in this relaxed and easy discussion that you were having 417

with Mr. Donaldson when you were explaining about the Tom

Oliver incident, you had never mentioned Mr. Scappaticci?

A. It was a general conversation. I don't know who I

mentioned but I mentioned the thing of the actual

incidents, and Mr. Donaldson quite clearly went to a

reliable security service source, who was Ronnie Flanagan,

and he must have been happy enough with the result to do

what he did.

Q. Well let's get this clear. He says you never mentioned 418

Scappaticci. Do you agree with him or do you disagree?

A. Well I can't remember, sir. So, therefore, I don't know,

do I?

Q. You don't know. So you have no explanation or no -- you 419

can't assist the Tribunal in any way as to how you were

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able to explain the Tom Oliver incident to Mr. Donaldson

and fail to mention my client, if he was involved?

A. I can't remember the whole conversation, sir.

Q. You see, what I am suggesting to you, Mr. Keeley, is that 420

you are desperate for attention, is that right?

A. No, sir, I am not desperate for attention.

Q. You like being in the limelight? 421

A. No, sir, I actually don't like being in the limelight.

Q. And naming Mr. Scappaticci laterally is an attempt to draw 422

the spotlight back on to you?

A. Absolutely not, sir.

Q. So that -- 423

A. There is bigger fish than Mr. Scappaticci, sir.

Q. And I suggest to you that your evidence that he was 424

involved in any matter concerning you or Tom Oliver, or

indeed in 1994, is a fabrication for that reason?

A. No, sir. You are wrong.

Q. Thank you. 425

MR. O'ROURKE: Thank you, Mr. Chairman.

CHAIRMAN: Well now, any questions?

MRS. LAVERTY: It's ten to one, Chairman.

CHAIRMAN: We'll see. How long are you likely to take?

MS. MULVENNA: I am likely to perhaps go on for half an

hour.

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CHAIRMAN: Half an hour, really? Well in that case it

might be as well to rise now and continue at two o'clock.

Thank you very much.

MR. RAFFERTY: Could I ask three things?

Mr. Chairman, logistically could I ask that we start at a

quarter to two to get an earlier start, because I think

there are certainly logistical arrangements that may be

infringed upon if we go very late into the afternoon.

CHAIRMAN: Very well. Does anybody else have any objection

to a quarter to two?

MR. RAFFERTY: Secondly, sir, there is an application on

behalf of Mr. Keeley and his legal team. It has become,

really, quite apparent that Mr. Keeley is now centre stage

in these proceedings, and our representation up until now

was limited to when we were notified of certain statements

which involved us, as it were. That has now been extended,

effectively, to be here for the rest of these proceedings.

Now, given the workload that that obviously entails, I'd

ask that an additional counsel be assigned in this case.

CHAIRMAN: I think I have notice of that. Mrs. Laverty, do

you have any --

MRS. LAVERTY: I think it would be appropriate because the

Tribunal has now notified Mr. Fulton's lawyers that they

really have to be here --

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CHAIRMAN: Very well.

MRS. LAVERTY: -- from now until the end.

CHAIRMAN: Very well. From now on until the end a second

counsel is needed.

MR. RAFFERTY: I am obliged. Thank you very much.

THE TRIBUNAL ADJOURNED FOR LUNCH.

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THE TRIBUNAL CONTINUED AFTER LUNCH AS FOLLOWS:

CHAIRMAN: Good afternoon. The witness is now seated.

Thank you very much. Any further questions?

MRS. LAFFERTY: There is an application before you resume

sitting, Chairman, from Mr. Flanigan, or his counsel.

MR. FLANIGAN: It's an application, sort of, following on

from the indication from the Tribunal that our attendance

would be required on a daily basis from now on and also

following from the evidence which has been given in

relation to my client and evidence which may be given in

relation to my client in the future, that our

representation, at the minute, is limited to a solicitor

and one counsel, and the application would be that that

should be extended to two counsel, given the very serious

matters.

CHAIRMAN: Yes. Is your client going to give evidence?

MR. FLANIGAN: That is a matter which is still under

consideration. This statement should be filed in the near

future.

CHAIRMAN: Well, I mean, you see, your client has sought,

and is entitled, to seek an undertaking from the Scottish

authorities as well as those in England and Wales and

Northern Ireland, which has already been given. The

application is to extend it to Scotland, which is in my

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hands. I can't progress that in any way until

Mr. Scappaticci has filed a statement, which he hasn't done

yet, which would seem to indicate that he isn't intending

to give evidence. He is not living within this

jurisdiction and can't be compelled; he has to come

voluntarily.

MR. FLANIGAN: I don't believe that is the indication which

-- he has not given the indication that he is not giving

evidence.

CHAIRMAN: I think I need to have something more than that.

He needs to give an indication that he is giving evidence

and that he will, therefore, require the additional

representation referred to, which has been granted to this

witness when he became the central figure by reason of

giving testimony as a witness.

MR. FLANIGAN: If the Chair pleases. I can't advance the

matter further. The matter is under active consideration.

CHAIRMAN: Well, really, what I would need to get is, first

of all, a statement; secondly, the firm undertaking that he

is giving evidence, and based on that, I think it would be

reasonable to make an order granting additional counsel,

but I can't do it until that happens. Thank you very much.

Are you going to continue with -- or to cross-examine the

witness or is your counsel...

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MR. FLANIGAN: No, our cross-examination is finished.

CHAIRMAN: Yes. Thank you.

MR. SHEEHAN: My counsel is proposing to cross-examine the

witness, I am concerned she might be locked out because

there was a sign on the door saying it was locked until

two o'clock. Very well, my cryer will go immediately to

see if he has been locked out.

MR. SHEEHAN: She has texted me to say she was locked out.

CHAIRMAN: She will now be released. My crier has gone

down to the door.

MS. MULVENNA: I was locked outside.

THE WITNESS WAS CROSS-EXAMINED BY MS. MULVENNA AS FOLLOWS:

Q. MS. MULVENNA: Mr. Keeley, I just have a few questions that 426

I want to put to you. I appear for Mr. Blair instructed by

Aaron Kelly & Company, Solicitors.

Now, first of all, you gave evidence that Mr. Blair said

that Owen Corrigan provided him with information about

confidential garda matters?

A. I didn't say I provided him with it. Yeah -- you are on

about in the car park, is that the incident?

Q. Yes.427

A. But Owen Corrigan's main point of contact was Patsy

O'Callaghan, yes.

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Q. But do you deny that? 428

A. What do you mean "do I deny that?"? No, I have already

said to the Tribunal that I was in the car with Patrick

Joseph Blair when Mr. Corrigan got in and supplied him with

information.

Q. Yes. So would you deny that Mr. Blair had anything to do 429

with Mr. Corrigan?

A. Well, I have already just said there now, I was present

with Mr. Blair in a car when Mr. Corrigan did give him

information.

Q. I will come on to that later on. 430

A. Right, right, sorry.

Q. Now, I don't know if you have read or heard any of the 431

evidence that Mr. Blair gave?

A. Not really, I haven't seen it, no.

Q. OK. Now, Mr. Blair gave evidence that he did not know 432

Mr. Corrigan, or Garda Corrigan, except for times when he

was being questioned or arrested by him?

A. Oh, right.

Q. What do you have to say to that? 433

A. Pardon?

Q. What do you have to say to that? 434

A. Well, if that is what Mr. Blair said, you know, that is

what he is saying. I know he was present in the car with

me when Mr. Corrigan was there. You know, maybe he just

didn't say that to you.

Q. I put it to you that you he wasn't in any car with you -- 435

A. Oh, he was, madam, he was in the car with me and

Mr. Corrigan, yes.

Q. I would say that is a fabrication on your behalf. 436

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A. No, madam, it's not a fabrication.

Q. I also put it to you that Mr. Corrigan never provided 437

Mr. Blair with any confidential Garda information or any

information, any other type of information?

A. No, madam, he did supply -- Patrick 'Mooch' Blair and I was

present in the car with the information.

Q. Mr. Blair contradicts that. 438

A. Yes, well Mr. Blair, he is entitled to contradict that but

that is what happened.

Q. Now, Mr. Blair also gave evidence that he was not aware of 439

any garda confidential information be passed to any of his

colleagues or former colleagues in the Provisional IRA.

Mr. Blair -- do you want me to repeat the question?

A. No, absolutely, complete it, please.

Q. OK. I put it to that you Mr. Blair was not aware of any 440

confidential garda information being passed to any of his

colleagues or former colleagues in the Provisional IRA?

A. Mr. Blair was well aware of that information, madam.

Q. OK. Well, you disagree on that. 441

A. OK.

Q. Now, in relation to the alleged meeting that took place at 442

Fintan Callan's Céilí House whereby you allege that you

drove Mr. Blair to the house and that he went inside and

came out with Mr. Corrigan and that you sat in the car and

that Mr. Corrigan told you that Tom Oliver was an informer,

is a complete fabrication?

A. No, madam that is not the case. It's Fintan Callan's Céilí

House, it's a pub, not a house, and Mr. Corrigan did get

into the car with Mr. Blair and say that and I was present

in the car.

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Q. I put it to you that that never happened?443

A. It did happen, madam.

Q. Now, in relation to the house, in relation to the Céilí 444

House, could you describe where it is?

A. It's out by Carrickmacross. It was on the left-hand side

of the road. When we pulled into it the car park was like

a gravel, you know, a gravel finish, it wasn't a tarmac

finish.

Q. Is it on the Castleblayney Road? 445

A. It was on the main road, so the road we would go out to

Patrick O'Callaghan's, I wouldn't know the name of the road

but I could drive you to it.

Q. And it's halfway between Dundalk and Crossmaglen? 446

A. The road that we would have took was on the main road. We

turned off to go to Patrick O'Callaghan's house was the

right, we went straight on and it was on the left-hand

side.

Q. Well I put it to you that the house is halfway between 447

Dundalk and Crossmaglen?

A. Yeah, well I mean...

Q. The main road. 448

A. I never measured the distances between them. The only time

I would have been out that road would be to go to Patrick

O'Callaghan's house. I mean I would never have went to

Crossmaglen from that area, so I wouldn't know the

distances between halfway, a third, or anything else,

madam.

Q. But it was a distance away from Dundalk? 449

A. It was a distance. I wouldn't like to be walking it.

Q. OK. And it was on the main road? 450

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A. It was on a roadway. It was a road; it was a main road.

Q. Now, are you asking the Tribunal to believe that a 451

convicted prisoner -- sorry, a convicted person, a serious

IRA man, would sit in a car with a Detective Garda in a

place that was known as anti-republican activists?

A. Oh, yes, he would sit in a car with many types of people,

you know, there is nothing sort of special about that. Why

would he not sit in it?

Q. I put it to that you that never happened. 452

A. Oh, well it did happen, madam.

Q. Now, on the day of the murders, on the 20th of March, could 453

you tell me again where you were?

A. I was in Dundalk. I was in Muirhevnamor, in Patrick Joseph

Blair's house, madam.

Q. And what time would that have been? 454

A. Again, I didn't look at my watch. I was there most of the

day, as I was most days during the week with Patrick Joseph

Blair.

Q. Could you give us an indication, would it have been 455

morning, lunchtime, afternoon?

A. I would have been there mid-morning and stayed, usually,

until after teatime, almost six days week I would have been

up with 'Mooch'.

Q. And was Mr. Blair's wife in the house at that time? 456

A. Eileen would have been there, yes.

Q. OK. Well, I put it to you that Mr. Blair was not in his 457

house on the day in question; that he was down in the pub

and in bookies and that when members of the gardaí called

to his house that evening, they could see by his demeanour

that he was in the pub for the day?

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A. No, madam, he was in the house that day with me.

Q. Now, also in relation to evidence you gave, you said that 458

Mr. Blair green-booked you?

A. Yes, he was responsible for green-booking me, and also he

was the witness at the swearing-in. We were at Mickey

Collins's house just across from 'Mooch's' house, and the

person swore me in was -- Mickey done the words and 'Mooch'

stood there as the officer, as a witness to that, yes, and

it was in Mickey's front sitting room of his house.

Q. I think you have heard evidence throughout this Tribunal 459

that members of the gardaí, PSNI, have described you as a

nuisance and a gofer, and I put it to you that Mr. Blair

never green-booked you, and that he also considered you as

a gofer?

A. Is that you finished?

Q. Yes.460

A. No, madam, I wouldn't agree with that at all. I was there

with Patrick Joseph Blair. He instructed me how to make

bombs, do everything else. Patrick Joseph Blair is not the

type of person that would not have anyone around him that

he didn't trust. Patrick Joseph's Blair day to day

business was IRA business of planning to kill members of

the security forces, making bombs, developing bombs, things

like that. So, you know, it's a little bit rich to try to

think that he would have someone around him that he doesn't

trust.

Q. Now, you just referred there that Mr. Blair and yourself 461

would make bombs together?

A. Absolutely, madam, yes.

Q. Well I put it to you that Mr. Blair never made bombs with 462

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you?

A. Mr. Blair made bombs all the time. Mr. Blair developed new

types of bombs. In Mr. Blair's kitchen, he put together an

under car booby-trap bomb which was --

Q. Sorry, Mr. Keeley -- 463

A. No, I am just going to tell you, I am just explaining to

you, madam. You are saying there that this didn't happen.

I will explain it step by step just so that you can make

your own decision. In his kitchen one evening he made a

booby-trap bomb, and up-and-under, it was a lunch box.

There was two C-searcher magnets, which were glued on with

glue gun. There was also part of a box timer, which is the

safety thing for the person to put it under someone's car.

He also made the mercury tilt switch with a small piece of

plastic tubing which he glue-gunned one end. He then

proceeded to put two tacks into that tube which made the

connector points that you put wires to. He then put a

little spoonful of mercury into the tube and sealed it up.

He made that pack up and gave it to James Morgan. James

Morgan took it away from the house that evening. The next

day, a gentleman in Kilkeel was blown up, I think it was a

Mr. Graham, a builder's merchant. So, you know, 'Mooch'

Blair was a bomb maker, you know.

Q. Mr. Keeley, I believe you could be mixing that incident up 464

with somebody else?

A. Do you think so?

Q. Yes.465

A. I don't think so, madam.

Q. OK. 466

A. Please enlighten me.

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Q. Mr. Keeley, do you remember the Narrow Water bomb? 467

A. I remember it, yes, madam.

Q. And how -- could you tell us about it? How did you hear 468

about it or come across it?

A. Well, it was on every TV channel in the world, and shortly

after that I joined the British Army, so everybody knew of

Narrow Water, it was one of the biggest, at that time one

of the biggest atrocities, loss of life by British service

personnel at one time.

Q. And, sorry, what did you say? 469

A. It was the biggest loss of life, at that time, for British

personnel in an IRA attack.

Q. OK. And -- 470

A. It was on television. Everybody heard about it and read it

about it in the newspapers.

Q. Are there any names mentioned of who was involved in it? 471

A. On TV? On TV, it would have been just the Provisional IRA,

madam.

Q. In your evidence, did you say Garda Corrigan was involved 472

in that?

A. He wasn't involved in the bombing, no, madam.

Q. Did you say that he could have given information? 473

A. I never said he could have -- he wouldn't be able to give

information on the movements of British armed forces,

madam.

Q. I think you could have said in your evidence somewhere that 474

Garda Corrigan helped to clean up the situation after --

A. Oh, yes, but that is not in relation -- you asked me in

relation to the attack, did he give information in relation

to the attack.

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Q. And where did you hear that from? 475

A. That would have been from your client, Patrick Joseph

Blair, in conversations with him, socialising and in

private in his house.

Q. Now, what year was that bombing? 476

A. Madam, I can't remember the exact year of the bombing. It

was just before I joined the British army.

Q. Would it have been August 1979? 477

A. If you say that is what it is.

Q. I think, yes.478

A. Because I joined the army in 1979.

Q. And are you aware that Mr. Blair was actually in prison 479

serving a sentence between 1975 and 1982?

A. Yeah, and what has that got to do? I didn't say he was

involved in the attack.

Q. You said you got the information. 480

A. Off him, yeah. I mean, 'Mooch' Blair talks to IRA people;

he was the OC of the IRA in Newry, madam.

Q. But he was in prison? 481

A. Yeah. But when he came out of prison is he not talking to

people about incidents that has happened, madam?

Q. So, I put it to that you this is just hearsay and fantasy. 482

Mr. Blair was in prison during the time you allege you

heard this information from him?

A. No, I didn't allege that I heard the information at that

time. In 1979, I joined the British Army. So when I was

in the British Army I was away with my regiment, I couldn't

be with Patrick Joseph Blair. And in my evidence to the

Tribunal, I said when I came out of the British Army I had

been in prison, I then met 'Mooch' Blair, he had just got

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out of prison, and that is when I got associated with your

client, Mr. Blair. You know, so no one has said I got it

at that time.

Q. Now, Mr. Keeley, are you still receiving money for selling 483

your stories to newspapers?

A. Am I what, madam?

Q. Receiving money for selling your stories? 484

A. No, madam, I am not receiving money for selling stories to

newspapers, or even giving stories to papers, I don't get

paid.

Q. And do you get paid by the MI5? 485

A. I get an allowance from MI5 and I get my accommodation;

that's within their duty of care, madam.

Q. You also gave evidence about the abduction of Tom Oliver? 486

A. Yes, madam.

Q. And I think you said that Mr. Blair was in the van? 487

A. Yes, madam, 'Mooch' Blair would have been in the van a lot

of times. Everything I done with the Internal Security

Unit, 'Mooch' was one of the key people. 'Mooch' was my OC

and was my mentor. Basically everything I learned within

the IRA I learned from Patrick Joseph Blair, madam.

Q. Well, I put it to you that Mr. Blair was not in the van on 488

the date as you stated.

A. He was.

Q. And had nothing to do with -- 489

A. Yes he had something to do with it, madam.

Q. Now, in relation to the day of the bombing, Mr. Blair gave 490

evidence that he was actually working in a pub in Navan on

the day?

A. Which bombing?

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Q. The day of the Omagh bombing. 491

A. The day of the Omagh bombing, I was on holidays in Tenerife

on the day of the Omagh bombing.

Q. I think you tried to imply that Mr. Blair was involved in 492

it?

A. I implied that Mr. Blair had been mixing explosive

approximately 48 hours before the bombing, madam.

Q. And when you said that, you were trying to imply that he 493

was involved somehow with this bombing?

A. I believe so, madam, yes. I had given my handlers that he

was mixing explosives for approximately 48 hours before the

bomb.

Q. Well, Mr. Blair denies that completely. 494

A. I am sure he does.

Q. I put it to you finally, that all the evidence you have 495

given here has been total fabrication?

A. No, madam, it has not. It's been the truth.

Q. No further questions. 496

CHAIRMAN: Any other questions?

MR. RAFFERTY: Good afternoon. Mr. Keeley, my name is Neil

Rafferty and I appear on behalf of yourself. If it's all

right with you, I know what you look like, if it's all

right, can I ask you questions from here?

A. Yes, certainly.

THE WITNESS WAS EXAMINED BY MR. RAFFERTY AS FOLLOWS:

Q. MR. RAFFERTY: Can I start off with a number of key figures 497

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in your evidence?

A. Yes.

Q. And can you help the Tribunal by giving a picture of them. 498

The first is, Patsy O'Callaghan?

A. Yes.

Q. Yes. Can you tell me what his role and function within the 499

IRA was?

A. Well, the function and role that I know that he is with the

IRA was, when the Internal Security Unit had arrests on

someone suspected of being a British agent or informant,

they would be arrested and taken to a safe place to be

interrogated. The IRA had purchased from America, and had

someone trained in it, which I believe is Mr. O'Callaghan,

it was a voice stress analyser. This machine would be

something like a, similar to a polygraph but could only

give an indication on things.

Q. Yes. Can I ask you, how senior was he? 500

A. Very senior. He would be 'Slab' Murphy's right-hand man; a

very senior person indeed.

Q. And so he was, well, 'Slab' Murphy's right-hand man. What 501

does that make him?

A. Yes, he would be like a Siamese twin to 'Slab' Murphy.

Q. And in terms of intelligence within the IRA, where would he 502

be in connection with that?

A. Well, Intelligence -- he would be there with the Internal

Security team, he was actually getting people's answers to

questions from the likes of Mr. Scappaticci or John Joe

Magee; these would be the chief interrogators, the head

people. So when they would ask the questions, the

audiotape would be given along with a list of the questions

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on cigarette papers rolled up into a communications, and he

would then analyse that. We would go out in the van at

night and give him the tape and the note with it, and you

go out the next morning, he would give you a new tape and

new piece of paper and it would have the scores of the

questioning on the papers from the night before. So

basically, he was instructing John-Joe and the likes of

'Scap': He is being possibly honest in this, dishonest in

this, question him more on these questions. It was, the

voice stress analyser was giving indications when he was

weak on things.

Q. Would he have been more intelligence based in his role or 503

actively based in his role?

A. He was intelligence plus active. I mean, I have heard of

things he has done. I think Mr. O'Callaghan at one time

had been jailed for IRA activities at one time. I think.

I am not totally sure.

Q. I don't want to go into specific allegations about what he 504

has done. I do want you to outline his role in relation to

intelligence gathering. Can you tell us anything about

that?

A. It was mostly with the informants and that. Also, if there

was any courts of inquiry, if there was complaints to the

IRA if something went wrong, sometimes Patsy would turn up

along with some -- one meeting I do know of a senior person

in the Northern Ireland office now, within the Northern

Ireland Government, who was an IRA figure.

Q. Would it be fair to say he is fairly well connected? 505

A. Oh, he is very high up the chain, yes, sir.

Q. And you said -- who is 'Slab' Murphy?506

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A. 'Slab' Murphy: he is one of the top IRA men on the Army

Council; he is from Crossmaglen, South Armagh.

Q. And you said Patsy O'Callaghan was his right-hand man? 507

A. He definitely was his right-hand man, yes, sir.

Q. Thank you. Let's move to another individual: 'Mooch' 508

Blair?

A. Yes.

Q. Who is he? 509

A. Patrick Joseph Blair, 'Mooch' Blair was a Newry man who

has, he has a conviction for attempted murder of a person,

an RUC man or a policeman off duty. He also was the OC of

the Newry area. He is -- he was active in a lot of

murders, bombings. He would be a very committed terrorist.

Q. And how well connected is he? 510

A. He was the OC of Newry, which was the officer commanding of

a number of units.

Q. In relation to his personality, we have heard evidence that 511

he is a braggart and that he liked to talk about things

that he did?

A. Yes.

Q. Would you agree with that assessment? 512

A. He does, yes. I mean, to him he is very proud of what he

does, and anybody that knows him would know he would always

talk about operations after they happened and he would go

into great detail. On a number of occasions he gave me

details of operations that he was on where people were

murdered. I gave it to my handlers. They checked it out

and every single detail, they went "yes, it's there." Even

to the fact of the attack in Derryard, where the IRA

overrun the checkpoint and took over, they shot a young

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Scottish soldier dead and they took his Browning 9mm

pistol, and this was actually a trophy that the IRA had;

they were going to use it to kill people as well.

Q. I think we have also heard that he rang the police to taunt 513

them about murders?

A. Yes. On occasions, when he was drunk in Dundalk, had a

habit of going to a coin box and ringing Newry Police

Station and he used to take great joy of annoying the

police by ringing them. It would be a murder the public

would know as 'The Butchers' where the three policemen, on

a Saturday afternoon, were sitting eating ice-cream in a

car, and him and Man A, on the cipher, actually went in and

shot the three policemen. And it was a case where 'Mooch'

would say well, they shot the two in the front, the young

guy in the back, I know his name was Karl Blackwater --

Blackburn, his father built stations for the police --

'Mooch' said he actually gave him a chance to go for his

gun and he started crying for his mummy and then he shot

him. And 'Mooch' would take great pleasure in ringing

Newry police to tell them this and laughing, and I'd say

that to my handlers and they knew about this as well, and

they said "yeah". They actually described him as a sick

psychopath.

Q. The third person is Mickey Collins, and he had a nickname 514

in the IRA, 'Reports Coming in'?

A. 'Reports Coming In'.

Q. Who was Mickey Collins? 515

A. Mickey Collins was a Newry man who was in the IRA. I don't

believe he has ever been arrested, but he was wanted for

murder in Northern Ireland. He moved to the Irish

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Republic. He had a bad heart. But on certain jobs Mickey

would be sent down -- one particular job Mickey did, and

this is 'Mooch', everybody talking, they were down to a

shoot a UDR man, I think he was a postman, at Rostrevor

Post Office, and before the postman came a police car

pulled up, and they reckoned it could have been a money

run, so Mickey was there with the driver, so he got out of

the car, shot two of the policemen dead and wounded the

third policeman. And I remember a the time the third

policeman returned fire on them and he wounded Mickey's

driver in the foot, and I remember, even on the news, they

abandoned the car just on the outside skirts of

Warrenpoint, which is about, three, four mile from

Rostrevor, and escaped.

Q. Can I ask you, what rank or what position did Mickey 516

Collins hold?

A. Mickey Collins would have been brave and senior within the

IRA, but, because of his ill health, he wouldn't have been

out on every job.

Q. Now, is it right that he was called 'Reports Coming In' 517

because he revelled in telling other volunteers about

murders that he was hearing about?

A. It was. It was mostly television, he would come running

over to 'Mooch' with "reports coming, reports coming in"

you know, of a shooting, a bombing. Because the "reports

coming in", this was a term used on television by news

readers, you know like "reports are coming in of a shooting

in the Newry area, the Belfast area" and he got the

nickname of 'Reports Coming In' because he got very excited

when these things happened.

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Q. Now, within the IRA, 'Mooch' Blair and Mickey Collins, 518

would they be two men that would talk about operations that

they'd been on, operations that they'd heard about, and

operations that other people had been on?

A. Mickey Collins wouldn't talk half as much as 'Mooch' Blair,

but 'Mooch' would talk about every operation and any

operation.

Q. And was it part of your function to sit there and listen? 519

A. Yes, sir, I would sit and listen and give my handlers the

details of operations that they were talking about and my

handlers would usually come back and confirm the stuff.

These were military, MI5 and Special Branch. But many

years later, my -- CID handler 70, especially No. 70, when

I had passed comment on some of the stuff that I had given

MI5, army and Special Branch, he actually became very

agitated and annoyed and says -- he actually said "I was a

policeman in that area and I knew those people." I think

he was on the detective team investigating and he says "we

never got that information." And it was quite clear to

from him that that information was never shared with the

investigating officers of those crimes.

Q. Thank you very much. I want to move, now, to two aspects 520

of Mr. O'Callaghan's cross-examination.

A. Yes.

Q. He asked you a number of questions based upon Witness 64. 521

I don't know if you still have the cipher?

A. No, I don't, sir.

Q. Witness 64 was -- well, if you give me one moment, please. 522

Do you know that name of 64 without saying it?

A. I can't -- I don't know who 64 is. If you tell me his

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position.

Q. He was an Inspector in charge of, allegedly, the team that 523

handled you?

A. Was he based in Newry?

Q. Based in Newry. 524

A. Yes, I know who you are talking about. That is the witness

who lied to this Tribunal.

Q. Yes. Well I want to deal with you in relation to that man 525

and an aspect of his evidence.

A. Yes, sir.

Q. But he said something about needing a good psychologist to 526

get to the bottom of you.

A. Right.

Q. In relation to Witness 64, did you at any stage make a 527

statement to the Ombudsman which caused an investigation

into the murder of Colleen McMurray and which led to

Witness 64 being the subject of an Ombudsman's

investigation?

A. Well I wouldn't have realised who 64 is. I would have told

the Ombudsman the things I had told handlers. She would

not have consulted with me who she was quizzing or anything

else, so I wouldn't know who she was talking to, you know,

but...

Q. But have you subsequently found out that 64 was questioned? 528

A. I didn't know whether he was questioned, but I realised

what he is saying there was wrong. The thing is, you have

got to remember, if 64 was handling the team of Special

Branch officers that were with my own handlers, he then

becomes responsible for everything I have done and they

have done. So maybe that's his excuse for using those

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derogatory terms.

Q. Yes. So you would expect him to be the subject of an 529

investigation upon what you told the Ombudsman?

A. Well I wouldn't have known him personally, but, absolutely

the things that I have told the Ombudsman, the Ombudsman

looked at, I do know that.

Q. I want to move to a direct portion of his evidence and I am 530

going to read it to you.

"Question: Are you aware of the Colleen McMurray.

murder?

Answer: Yes.

Question: And are you aware that newspaper articles

are published whereby Mr. Kevin Fulton said that he

told RUC MI5 in advance of the murder, that 'Mooch'

Blair was working on a new weapon?

Answer: Yes.

Question: Did you meet any of the police families

after that?

Answer: Did I meet with police families?

Question: Yes.

Answer: No."

Do you have any comment upon that?

A. Yes, sir. That's a lie.

Q. How do you know it's a lie? 531

A. Because I have been. I have met a representative of one of

the families and a friend of the victims.

Q. Would you write the name of that family representative on a 532

piece of paper for the Chairman, please?

A. Yes.

(Witness writes name down)

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Q. And the name of the family, please? 533

A. Yes. And do you want the name of the person that I met as

well?

Q. Yes, please. So contrary to his evidence, you are 534

absolutely positive that he met with that family?

A. Yes, sir, he did. And he actually met -- the injured

officer as well, his family, yes.

Q. So he met both of them? 535

A. He met people from both of the families, yes, sir. That is

my information and I believe it 100 percent.

Q. Mr. Chairman, we will be supplying details about this for 536

the Tribunal to investigate, if they wish.

The next point that you were cross-examined upon, which I

wish to bring out with you, by Mr. O'Callaghan, was in

relation to the Eurodisney Paris portion, do you remember

that?

A. I remember working out -- well, what's the question?

Q. Well, I am going to read to you what was put to you about 537

that, because it was put to you:

"Question: You are aware that somebody tried to.

assassinate Joe Haughey, are you?"

This is at the top of page 70.

"Answer: I am, yeah, yeah.

Question: An account of that appeared on the

website 'Newshound'. Let me just read out to you

what it says. It says: 'On the 16th of June

1991' -- just pause on that date for a second, the

16th of June 1991, that is a month before Tom Oliver

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was murdered" -- and then he reads to you the piece

from the Newshound: --

"Joe Haughey was returning to his Unity walk home

when loyalist gunmen opened fire from a passing

Sierra. Having missed their target, the gunmen then

chased Haughey into the then Unity flats complex and

opened fire again. He was hit in the arm. The

shooting came just a year after a British newspaper

named Haughey as an IRA intelligence officer and

claimed he got a job at Eurodisney. He was later

paid off by a construction company.

Question: Now, if that is correct, you were out

working for Eurodisney in June 1990?

Answer: Well, the dates I am not sure of but,

as I say, I will go and look up the dates.

Question: Yes. But again, it puts you in Ireland

at the time Tom Oliver was murdered?

Answer: No, sure I wasn't here when he got

murdered."

Do you remember that sequence of questions?

A. Yes, sir.

Q. And do you remember on foot of that, it being put to you 538

that you were involved in the last moments of Tom Oliver's

life?

A. Yes, sir. And I deny that.

Q. Yes. Well, I want to read to you a piece of information 539

from a website called 'Saoirse32' and from their archives:

"Carrickhill man devastated by British spy claims." It

deals with claims and then states: "Carrickhill man, Joe

Haughey, said he was devastated by the latest accusations

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and said he feared for the safety of his family. The

51-year-old, who survived several murder attempts by

loyalists paramilitaries, rubbished the claims he was a

British spy posted on the controversial website 'Crypto'

which were reproduced in a Sunday newspaper. 'I want to

state categorically that lease are lies and scandalous

allegations' said Joe Haughey last night. 'I was in Paris

working as a labourer in the 1990s after I was shot by

loyalists. At no time did I have any dealings with Peter

Keeley, who I knew as an acquaintance. I didn't know

anything about him. A story broke in one of the

British papers that I was part of an IRA Active Service

Unit. That was completely untrue and I had to come back

home.'" The date on the paper for the Sunday Express

article, which we have, is the 29th of September, 1991.

Does that help you in saying whether you were in Eurodisney

in '91 or '90?

A. Yes, sir, it does help.

Q. When were you in Eurodisney? 540

A. Again, I can't remember the right date but I know it was

when Tom Oliver was killed.

Q. Thank you very much. Mr. Chairman, I will make copies of 541

that available.

CHAIRMAN: Thank you very much.

MR. RAFFERTY: In relation to your career where you are

branded as a fantasist by some people. In relation to your

Special Branch career, even the most grudging of Special

Branch officers, Witness 64, confirmed that you had saved

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lives. Are you aware of that?

A. Not really. I don't know who 64 is.

Q. Well, can I ask you -- 542

A. I don't need to know who he is.

Q. Can I ask you briefly, can you tell us about what 543

information you gave that saved lives?

A. You want each thing, yeah?

Q. Please. 544

A. I gave information about an attack planned for Newry

Courthouse. That was thwarted by the RUC; they put up

height restricters, therefore it saved all the workers

inside building the court.

Q. What type of attack? 545

A. It was a mortar attack, a number of mortars, I think it was

two or three mortars were used in the attack, but, since

they couldn't fire it at the courthouse, they moved it to

another location and they filled harmlessly into a field.

Q. And how was that thwarted? 546

A. When I gave the information to the handlers, MI5, the RUC

were there, they put a height restricter which actually

stopped vans, you could only take a car into the car park.

So therefore, when the mortar is made to fire out at the

target, they have it measured out, they have the propulsion

measured so it will push the projectile a certain distance,

so when you move the firing point, it doesn't work, it'll

overshoot or fall short.

Q. What else? 547

A. Also, there was a UDR man in Bramblewood, I was there with

Joe Hawkey when his in-law gave the information about him

being a UDR man. I gave that to my handlers. They

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evacuated that UDR officer from his home.

Q. What else? 548

A. There was also -- the IRA planned another bomb attack in

Patrick Street in Newry. I gave my handlers that

information, that this attack was planned and was going to

go ahead. I showed them the area where it was going to be.

They put a covert unit of soldiers into that immediate

area, they filmed and watched the area for a few days and

they caught, red-handed, two IRA volunteers with a two-kilo

semtex bomb.

Q. Was that Jarvis and Marks? 549

A. That was Marks and Coyle, I think it was.

Q. And do you know how long they got?550

A. I don't know, they got sentenced to jail. They were

brought to court.

Q. What else? 551

A. Also, the little cleaner man inside, he used to go for the

newspapers every morning to Thompson's, a newspaper shop in

Sugar Island. I was actually going to be tasked by the IRA

to shoot him, so I told my handlers about that, and that

little man retired immediately.

Q. What else? 552

A. There would have been other things with the flash unit, new

developments of the IRA flash units. I got -- from the

flash unit they killed Colleen McMurray, the IRA moved on

to coded flash, this was a coded system, it was infrared,

so you would see no flash of white light, you could use it

during the day, the night, but it was coded, which means

you set a signal like a code, so any other light wouldn't

set it off, so it had to be this specific code. I went to

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America to purchase stuff there. And, in between, my

handlers brought it to, it must have been the scientific

people. They arranged new counter-measures to prevent that

from blowing up troops.

Q. You acknowledge that you and Special Branch fell out? 553

A. Yes, sir, we fell out because of the way -- sometimes, it

was a personality clash with -- I only thought it was

one --

Q. I think that is a matter of public record. 554

A. Yes.

Q. You then started work with Customs and Excise? 555

A. Yes, sir.

Q. And what did you give them? 556

A. I targeted, again, people taking in tobacco, drugs. Drugs

were even coming into the Irish Republic, so my handlers in

the North tipped off the Irish Customs down here and the

Garda. Sometimes -- at one stage, in Limerick, they got

one of the biggest drugs hauls of hash, the smoking drugs,

coming in. They arrested the people there. There was lots

of catches like that down here.

Q. And then in '96 you go to work for CID? 557

A. Yes, sir.

Q. And that is with Witness 71? 558

A. 70 -- yes, 70 and 71, yes.

Q. Now, I am sorry, but this sounds fantastical: How does a 559

boy like you find out about £18 million worth of computer

chips?

A. Sometimes, sir, it's things that I have learned when I was

in the IRA with people, and everything else, you get in

with people. If you have the name of -- I used the

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expression, if you have the name of an early riser, you can

stay in bed all day. I would have had the name of having

good contacts within all sorts of people.

Q. Tell us about the computer chips, what was that? 560

A. The computer thing was, there was sometimes -- it was a VAT

fraud, and, at this stage, there was a place in Derry that

made computer chips, and computer chips were actually worth

more than -- they were worth more than their weight in

gold. So this Italian person, who has Mafia connections,

Marotta, actually got in touch, and he was talking to, I

gave them names. I don't know if I am allowed to say their

names? There was a Sinn Fein guy, he was an IRA guy.

CHAIRMAN: These are the names you have given already?

A. That I think I have given yesterday or the day before.

CHAIRMAN: There is --

A. In Derry.

CHAIRMAN: -- a married couple in Derry?

A. Yes, sir, yes, sir, those people. And they had -- they

were going to arrange with IRA people, they were going to

hijack a 40-foot container coming from the factory. And

I'd given my handlers that details. We went into a phone

box in Hollywood in Northern Ireland. The RUC

technical-support people had gave us a recorder, and we

used it on the phone to record it, and they got the details

when I spoke to one of those people. So, at that stage,

then, my handlers got me PI status, which was Participating

Informant, to let me take part in a crime to get

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information and gather intelligence.

Q. When you say you took part in that crime, what did you do? 561

A. No, no, in that -- in the end of that, that crime never

came off, so, immediately after it, it came up with the

cheques from St. Brendan's. So the thing is, sometimes

when you get involved in a crime, sometimes something goes

wrong and it doesn't happen. That is not my fault and it's

not me giving wrong information. So these people then came

up, they had cheques from St. Brendan's, which is a

brewery, they make liquors and stuff, beer, and they had

access --

Q. Is that the 1.25-million cheque-fraud? 562

A. Yes, sir, that is that one.

Q. Tell us a bit about that? 563

A. Well, what they did is, these people with IRA connections,

they actually got the cheques -- a cleaner got the cheques

from the bottom of a box of cheques that went into a

computer. So they got the cheques, it was brought to

Marotta. And I told my handlers about that and they got

me, again, PI status to work and get the information on

that crime as it was taking place. They contacted the

Metropolitan Police in London. I was set up with a

contact, it was SO19, it was anti-terrorist people as well

because of the people involved in this crime, and they had

surveillance on the people and they were able to trace the

whole crime and stop the thing.

Q. Can I ask you, Mr. Keeley, is any of this fantasy?564

A. No, sir, there is none of that fantasy. It's there, it's

on the record, sir.

Q. Is the £18-million computer VAT fraud in London, is that 565

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fantasy?

A. No, sir, it's not fantasy. It's on the record, too, sir.

Q. And there were arrests and convictions over that, too? 566

A. There were arrests and convictions in all these --

Q. The May 1999 drug warehouse in Belgium, was that fantasy?567

A. That is not fantasy. It involved agencies from within the

UK and Northern Ireland and from Belgium. We operated in

Belgium with all these different agencies.

Q. You were a participating informant in that, as well? 568

A. Yes, sir, Her Majesty's Government put up the cigarettes to

sell the smugglers. This was for an intelligence purpose.

So, in doing so, the operation involved me getting in with

the smugglers, selling the people the cigarettes and

getting the money. The money was given back to Her

Majesty's Government.

Q. Tell me, when you were out working for CID, were you ever 569

paid for failures?

A. No, sir, I didn't even get a retainer. So, with working

with CID, you didn't get a wage. It wasn't like working

for MI5 where you got a wage each week. With CID, you got

nothing.

Q. And did they pay you out in fantasy? 570

A. No, sir, they did not pay out in fantasy.

Q. Now, in relation to Viagra --571

A. Yes.

Q. -- if you forgive me for bringing that up -- the Garda have 572

said that they have no record whatsoever of Witness 71 ever

passing that information on to the Garda. Tell us about

the Viagra, please?

A. In the Viagra case, Patrick Joseph Blair, 'Mooch' Blair,

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was working with -- he was a member of the Real IRA, and at

this stage they were looking to try to raise funds, and

everything else, and because of my background with 'Mooch',

the things we had done together, sir, with that knowledge

of my handlers, he said about the Viagra tablets, he could

get them, could I get a buyer. And, of course, I said yes,

I know a drug dealer in England, he would buy them. So I

went to my handlers and told my handlers about this and

they said to get a sample of the Viagra. So I went back to

Patrick Joseph Blair and said, I can get -- the going price

on the street was £10 a tablet, on the black-market.

Q. Now, you obviously don't know what your handler told the 573

Garda?

A. No, sir, I would not be privy to that.

Q. But can you see Witness 70 getting into his car and driving 574

-- sorry, 71, getting into his car and driving down to Cork

to find out if Pfizer are missing a few blue tablets?

A. I have no idea, but he would have been through all official

channels. That Officer 70, 70 and 71 did everything by the

book and all the i's would be dotted and the t's crossed.

Q. So when that officer says in his evidence that he supplied 575

a sample tablet and says, "I passed this to the Garda Fraud

Squad who subsequently confirmed that Pfizer was able to

identify it as one of their tablets not yet issued to the

market," when he says that, you'd trust him to be right?

A. Absolutely, sir, yes.

Q. And that was sometime after April 2000 --576

A. Yes.

Q. -- when an article in a newspaper appeared about you? 577

A. Again, I am not sure on the dates, sir, but I know the

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incidents with the Viagra tablets, and that.

Q. And he says that you supplied, "Keeley supplied information 578

relating to the theft of those Viagra tablets."

A. I don't know.

Q. Yes. 579

A. I don't know the article in the paper.

Q. Mr. Keeley, you have been called a fantasist, a liar, 580

delusional. Are you?

A. No, sir, I am not.

Q. Can you think of any way -- how you could make a few pounds 581

out of putting Owen Corrigan in the frame?

A. Absolutely not, sir. There would be no mileage in that

whatsoever, sir.

Q. Are you being paid anything to be here today? 582

A. No, sir, I am not.

Q. Because you are living in England, are you even compellable 583

as a witness here today?

A. No, sir, I am not compellable as a witness.

Q. Before you came across, did you think about not coming 584

across?

A. No, I didn't think about it. No, I came across. I was

walking into the unknown --

Q. And why did you come across? 585

A. Pardon?

Q. Why did you come across?586

A. Because I had started something, sir, and I had to finish

it.

Q. Did you name any other garda in Dundalk as being an 587

informant?

A. No, sir.

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Q. Why are you so sure about Owen Corrigan? 588

A. Because of what I seen, sir.

Q. Are you lying about Owen Corrigan? 589

A. No, sir, I am not lying.

Q. Thank you. Sorry, yes, can I just ask if Mr. Mills -- what 590

would the IRA think about what you are doing here today?

A. They wouldn't be too happy, sir. I mean --

Q. Don't use a euphemism, now. What would the IRA think about 591

what you are doing here today?

A. It's treachery, sir. They would kill me for it.

Q. What is the price for treachery? 592

A. Death.

Q. And have you received death threats before? 593

A. Yes, sir, I have received a number of death threats, yeah.

Q. If Mr. Mills would put up the document which he was given, 594

on the screen.

MR. MILLS: I have no document.

MR. RAFFERTY: Sorry, I thought he had been given the

document.

(Document handed to the registrar)

Did you receive a letter from the IRA on the 27th of

February, 2001?

A. Yes.

Q. Is that the letter you received? 595

A. Yes, I haven't seen it in years. I don't even know where

you got it. Yes.

Q. For the record, it states: "27th of February, 2001. 596

You have been sentenced by Court Martial in your absence.

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You are charged, general order number 5, part 5, general

order number 11. On both charges you were found guilty.

The penalty for both charges is death. Sentence to be

carried out at our convenience.

Signed: P. O'Neill, Óglaigh na hÉireann."

Who is P. O'Neill?

A. P. O'Neill was a pseudonym used for the IRA. It's for

all -- in all their statements, they put P. O'Neill.

Q. They use P. O'Neill as the official title? 597

A. Of the IRA, yes.

MR. RAFFERTY: Thank you.

CHAIRMAN: Mrs. Laverty?

THE WITNESS WAS RE-EXAMINED BY MRS. LAVERTY AS FOLLOWS:

Q. MRS. LAVERTY: Two very short matters. Mr. Fulton, you 598

were cross-examined yesterday about an article that a

Mr. Henry McDonald published in September of this year. Do

you recall that?

A. Yes, I recall the thing yesterday, yes.

Q. Yes. And it was -- there was an excerpt from the article 599

put to you, quoting you and suggesting that you had said

that they were agents involved in the murders of Breen and

Buchanan, and you said yesterday that you completely deny

that?

A. Yes, well I never said that because I don't know who

actually shot them.

Q. Yes. Now, I think, in fairness, that -- have you seen that 600

article yourself, the Henry McDonald one?

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A. No. Just, the gentleman read it out to me.

Q. Yes. Well, just for your own assistance, it was a very 601

long article written about Ian Hurst and a statement that

he purportedly sent to this Tribunal and had published on

the Internet.

A. I haven't seen that.

Q. And that, is it possible that the journalist in question 602

may have attributed this statement relating to you, wrongly

to you, as against Mr. Hurst?

A. Well, it definitely never came from me, ma'am.

Q. Thank you. If I could -- just, again, a very quick matter. 603

The Omeath bomb factory, that was on the 28th of the 8th,

1989?

A. Yes.

Q. And you said that there was concern about fingerprints? 604

A. Yes, ma'am.

Q. I think that you had been arrested in the South for the 605

first time on the 30/6/'89, is that correct?

A. I can't remember the date, but I was only arrested once in

the Republic of Ireland, yes.

Q. And were your fingerprints on file then? 606

A. Yes, they were taken by Garda Tom Molloy, who was very

rough at taking my fingerprints. I will never forget it.

Q. Yes. And can you tell the Tribunal exactly what articles 607

in that find were you concerned that fingerprints would be

found on?

A. Everyone was concerned, because sometimes you wear gloves;

there is other tools you would touch and not really worry

about gloves, because we are only human.

Q. Specifically what -- 608

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A. There would be grinders and tools, saws, and everything

else, that was in the place.

Q. So the grinder would be of significance? 609

A. Yes, yes, yes.

Q. Yes. And that -- would that have been one of the big 610

grinders that you described before?

A. It would be one of the big grinders. And the thing is,

when you are using those, rubber gloves have a tendency,

always, to rip. And inevitably, everywhere you go you will

leave fingerprints.

Q. So you would expect to find fingerprints primarily on the 611

grinder?

A. On the grinder and other tools and inside the building.

You would have thought, when the police would go in, they

would fingerprint the whole area, and any fingerprints they

get they would look at the people, you know.

Q. Yes.612

A. And some of the people who were there are all well-known,

so they were.

Q. Thank you, because we want to just check that out a bit 613

further. Now, I presume that the fingerprints of all the

other people who participated in that bomb factory would

have been on file from earlier occasions --

A. I am sure they would be on file, North and possibly South

as well. Yes, they were all known IRA players --

Q. Yes. 614

A. -- who were actually on the run because of terrorist crimes

in Northern Ireland.

Q. I think that another matter that was referred to, that you 615

referred to, very briefly, in cross-examination yourself,

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was that, in response to one of the questions you were

being asked which referred to a criticism that Sir Ronnie

Flanagan had made of you, you mentioned the fact that your

handler -- an apology had been made to your handler?

A. Yes, ma'am.

Q. I think you said that yesterday. And because you weren't 616

there when your handler was giving evidence --

A. No.

Q. -- I can tell you that he referred to that on Day 65, page 617

108, and he confirmed that he had received a telephone call

from the Chief Constable, apologising for, effectively,

misinformation which he had been wrongly advised about you?

A. Yes, ma'am.

Q. Would appear to be the content of it.618

Thank you very much, Mr. Fulton.

CHAIRMAN: Well, now, I think that concludes the evidence

of Mr. Fulton. Does anybody -- nobody else indicated they

wanted to ask questions. So I think we can let him go now,

is that so, Mrs. Laverty?

MRS. LAVERTY: Yes, Chairman.

CHAIRMAN: Very well. I am very grateful for your help and

assistance to the Tribunal's work. Thank you very much.

A. Thank you, sir.

THE WITNESS THEN WITHDREW.

CHAIRMAN: Well, now, I think the screen can be moved.

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Smithwick Tribunal - 16 December 2011 - Day 68

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111

MRS. LAVERTY: Chairman, the next date we are sitting is on

the 9th of January at 11 o'clock.

CHAIRMAN: Yes. There was a proposal, it was the intention

that, next Tuesday, we would sit to hear further evidence,

but the two witnesses who were planned for that day can't

attend. We won't, therefore, be sitting. The next day

will be Tuesday [sic] the 9th of January at 11 o'clock.

MRS. LAVERTY: I think it's the 10th of January, actually.

CHAIRMAN: The 10th of January at 11 o'clock. In the

intervening period --

MRS. LAVERTY: Sorry, I am instructed by my solicitor that

we are sitting, actually, on the Monday, which is the 9th.

CHAIRMAN: Oh, Monday, the 9th. It is, yes. I beg your

pardon. Monday, the 9th of January. Forgive my confusion

about that. Well, it occurs during the intervening period

the church holy day of Christmas. I had hoped that I might

be able to devise some witnesses to have the hearing that

day, but we won't be able to, so I wish you all a very

happy Christmas and best wishes for the new year.

MR. McGUINNESS: Chairman, on my own behalf and on behalf

of the Commissioner's legal team and the Commissioner

himself, we wish you a very happy Christmas, too, and see

you in the new year.

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Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

112

MR. O'CALLAGHAN: I suppose, since Mr. McGuinness has been

so sycophantic, I should follow as well, Chairman, on

behalf of Mr. Corrigan, to wish you a very happy and

prosperous --

CHAIRMAN: Quite unnecessary, but thank you very much.

MRS. LAVERTY: Should I respond on behalf of the

bridesmaids?

THE TRIBUNAL THEN ADJOURNED UNTIL MONDAY, THE 9TH OF

JANUARY, 2012, AT 11 A.M.

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''89 [1] - 3:4'90 [1] - 97:17'91 [3] - 4:3, 5:15, 97:17'92 [1] - 11:3'94 [2] - 11:3, 11:16'96 [2] - 11:16, 100:21'97 [2] - 12:3, 12:16'98 [1] - 16:7'Crypto' [1] - 97:4'explosive [1] - 38:22'for [1] - 43:29'Mooch' [30] - 7:14,

21:12, 22:13, 22:23, 25:5, 25:17, 36:21, 63:25, 68:20, 78:5, 81:7, 82:22, 84:17, 84:30, 85:17, 85:19, 89:5, 89:9, 90:13, 90:17, 90:19, 91:3, 91:24, 92:1, 92:5, 92:6, 94:14, 103:30, 104:3

'Mooch's' [1] - 81:6'on [1] - 95:28'reports [4] - 90:25,

90:26, 91:20, 91:29'Saoirse32 [1] - 96:27'Scap' [4] - 21:29, 22:22,

64:9, 88:8'Slab' [5] - 87:18, 87:20,

87:22, 88:30, 89:1'Steak [2] - 35:27, 35:29'The [1] - 90:10

11.25-million [1] - 102:12100 [1] - 95:10108 [1] - 110:1010th [2] - 111:11, 111:1311 [5] - 107:2, 111:3,

111:9, 111:13, 112:1313 [1] - 42:1815 [1] - 28:2415th [1] - 54:1916TH [1] - 1:116th [2] - 95:28, 95:3017th [1] - 53:418th [1] - 29:51975 [1] - 84:131979 [3] - 84:8, 84:11,

84:261982 [1] - 84:131985 [1] - 32:161987 [1] - 1:181989 [8] - 2:14, 3:19,

3:29, 4:5, 4:13, 15:28, 19:12, 108:13

1990 [1] - 96:131990s [1] - 97:81991 [6] - 2:30, 4:29, 6:5,

95:29, 95:30, 97:151992 [1] - 7:231994 [8] - 62:11, 62:18,

68:6, 68:16, 68:21, 68:24, 69:11, 71:16

1999 [2] - 27:20, 103:5

220 [2] - 28:24, 56:182000 [2] - 69:15, 104:272001 [2] - 106:24, 106:292002 [1] - 29:52003 [3] - 35:30, 37:5,

38:12004 [1] - 29:252005 [2] - 42:18, 42:242006 [2] - 28:1, 48:42007 [1] - 54:192008 [2] - 32:9, 53:42011 [2] - 1:1, 61:252012 [1] - 112:1320th [2] - 2:14, 80:1121st [1] - 28:127th [2] - 106:23, 106:2928th [5] - 3:18, 4:5, 4:13,

50:7, 108:1229th [1] - 97:15

330/6/'89 [1] - 108:18

44 [1] - 37:3040-foot [1] - 101:2348 [3] - 31:17, 86:7, 86:11

55 [2] - 107:151-year-old [1] - 97:2

664 [11] - 92:25, 92:28,

92:29, 92:30, 93:14, 93:17, 93:19, 93:24, 93:27, 97:30, 98:2

65 [1] - 110:967 [1] - 7:136th [1] - 32:9

770 [11] - 12:25, 12:26,

17:19, 92:13, 95:23, 100:24, 104:15, 104:19

71 [13] - 12:3, 12:5, 12:22, 17:20, 24:29, 66:14, 66:15, 100:23, 100:24, 103:27, 104:16, 104:19

88 [1] - 64:30849 [1] - 7:138th [1] - 108:12

9939 [2] - 16:5, 16:12949 [1] - 17:5953 [1] - 24:99mm [1] - 90:19TH [1] - 112:12

9th [5] - 111:3, 111:9, 111:17, 111:19, 111:20

AA.M [1] - 112:13Aaron [1] - 76:22abandoned [1] - 91:12abducted [1] - 67:15abduction [1] - 85:14able [12] - 15:14, 18:27,

31:27, 47:9, 51:19, 70:4, 71:1, 83:23, 102:25, 104:23, 111:23, 111:24

absence [1] - 106:30absolute [2] - 42:8, 47:11absolutely [23] - 3:25,

12:1, 15:3, 16:21, 20:11, 28:13, 35:1, 35:12, 40:21, 41:2, 42:11, 45:6, 53:26, 61:24, 63:21, 70:14, 71:11, 78:14, 81:29, 94:4, 95:5, 104:26, 105:12

Absolutely [1] - 31:19accents [1] - 6:9accept [4] - 36:22, 36:30,

51:8, 51:29accepting [1] - 44:21accepts [1] - 51:30access [2] - 15:12,

102:11accommodation [1] -

85:12account [1] - 95:26accumulate [1] - 19:16accurately [1] - 10:8accusations [1] - 96:30acknowledge [1] - 100:5acquaintance [1] - 97:10acquired [1] - 66:4action [6] - 32:10, 41:14,

45:15, 45:16, 45:17, 46:7

actions [1] - 55:7active [4] - 49:7, 75:20,

88:14, 89:12Active [1] - 97:12actively [1] - 88:13activists [1] - 80:5activities [1] - 88:16activity [2] - 14:28, 64:25actual [5] - 3:1, 9:18,

35:28, 58:28, 70:20adapted [1] - 43:27added [1] - 61:26additional [3] - 72:23,

75:14, 75:25ADJOURNED [2] - 73:11,

112:12advance [2] - 75:19,

94:14advice [1] - 46:7advised [2] - 12:8, 110:12Affairs [1] - 26:13affect [1] - 55:12

afraid [2] - 47:13, 63:30AFTER [1] - 74:1afternoon [5] - 72:10,

74:3, 80:20, 86:22, 90:11

agencies [3] - 32:1, 103:6, 103:8

agency [3] - 24:27, 49:8, 52:4

agent [9] - 12:18, 17:14, 23:18, 24:13, 25:18, 25:20, 39:19, 43:23, 87:10

agents [2] - 60:30, 107:24aggrieved [3] - 52:10,

52:14, 52:16agitated [1] - 92:16ago [7] - 46:14, 46:27,

49:5, 50:4, 50:5, 51:21, 53:8

agree [17] - 36:20, 42:23, 42:27, 43:2, 43:7, 43:10, 48:13, 48:16, 48:19, 48:23, 51:5, 51:7, 67:22, 68:1, 70:26, 81:17, 89:21

agreed [3] - 2:29, 7:3, 14:15

agreement [2] - 10:26, 17:27

Agriculture [1] - 31:3ahead [8] - 26:7, 42:9,

46:6, 51:15, 51:25, 66:2, 69:20, 99:6

ahead.. [1] - 51:20Airport [1] - 31:11Alex [2] - 27:27, 27:28alive [1] - 57:5allegation [2] - 13:1, 30:1allegations [2] - 32:29,

88:18allegations' [1] - 97:7allege [3] - 78:22, 84:23,

84:25alleged [3] - 17:25, 17:26,

78:21allegedly [3] - 30:20,

46:23, 93:2allow [1] - 49:4allowance [1] - 85:12allowed [5] - 25:15, 43:6,

55:27, 57:2, 101:11almost [1] - 80:22America [3] - 28:14,

87:12, 100:1American [1] - 28:4Amsterdam [1] - 32:1analyse [1] - 88:2analyser [2] - 87:14,

88:10animosity [1] - 55:24annoyed [1] - 92:16annoying [1] - 90:8anonymous [6] - 35:22,

37:2, 43:15, 43:16, 48:9, 48:10

answer [8] - 16:23, 17:5, 36:13, 36:19, 43:2,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

1

59:18, 59:22Answer [7] - 94:11,

94:16, 94:19, 94:21, 95:25, 96:14, 96:18

answered [1] - 59:15answering [1] - 59:20answers [1] - 87:26anti [3] - 25:21, 80:5,

102:23anti-republican [1] - 80:5anti-terrorist [2] - 25:21,

102:23anyhow [2] - 47:21, 51:10apologising [1] - 110:11apology [1] - 110:4apparent [1] - 72:17appear [8] - 32:8, 33:3,

33:26, 55:17, 58:11, 76:21, 86:23, 110:14

appeared [4] - 27:23, 27:24, 95:26, 104:29

application [5] - 72:15, 74:6, 74:9, 74:16, 74:30

appreciate [3] - 3:3, 33:26, 42:23

approach [1] - 60:2approached [2] - 39:13,

39:14appropriate [1] - 72:28April [2] - 29:5, 104:27archives [1] - 96:27area [9] - 79:25, 89:12,

91:28, 92:17, 99:6, 99:8, 109:15

arm [1] - 96:7Armagh [2] - 19:23, 89:2armed [1] - 83:24army [13] - 6:25, 7:29,

8:4, 10:22, 11:12, 11:21, 15:16, 15:20, 27:14, 43:21, 84:7, 84:11, 92:15

Army [6] - 26:3, 83:6, 84:26, 84:27, 84:29, 89:1

arrange [2] - 40:3, 101:22arranged [4] - 2:27,

26:23, 31:6, 100:3arrangements [2] - 52:16,

72:9arrest [1] - 24:25arrested [21] - 17:2,

17:23, 22:15, 22:20, 22:30, 23:13, 23:14, 25:24, 42:5, 54:11, 54:15, 59:3, 60:11, 60:29, 77:18, 87:11, 90:29, 100:19, 108:17, 108:19

arrests [3] - 87:9, 103:3, 103:4

art [34] - 37:4, 37:6, 37:7, 37:10, 37:14, 37:18, 37:23, 38:9, 38:23, 38:24, 39:1, 39:2, 39:3, 39:6, 39:21, 39:22, 40:10, 40:19, 40:20, 40:22, 40:24, 40:25,

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40:26, 40:27, 41:3, 41:17, 41:20, 41:27, 42:10, 42:13, 42:19, 43:22, 44:16, 44:18

art' [1] - 38:22art.com [1] - 42:20article [9] - 43:20, 44:28,

97:15, 104:29, 105:6, 107:18, 107:22, 107:30, 108:3

articles [4] - 47:11, 49:28, 94:12, 108:24

artistic [3] - 38:30, 39:5, 39:6

artists [1] - 42:16AS [7] - 1:2, 1:11, 34:2,

74:1, 76:18, 86:28, 107:15

ascertain [2] - 14:4, 64:22aspect [1] - 93:9aspects [1] - 92:22assassinate [1] - 95:22assault [1] - 55:21assessing [1] - 69:22assessment [1] - 89:21assigned [1] - 72:23assist [2] - 69:21, 70:30assistance [6] - 3:6, 10:1,

10:3, 29:7, 108:2, 110:25

associated [1] - 85:1assumed [1] - 14:19AT [1] - 112:13atrocities [1] - 83:8attack [13] - 55:24, 59:5,

83:12, 83:29, 83:30, 84:15, 89:29, 98:9, 98:13, 98:14, 98:15, 99:3, 99:5

attempt [1] - 71:9attempted [1] - 89:10attempts [1] - 97:2attend [1] - 111:8attendance [1] - 74:10attention [2] - 71:5, 71:6attributed [1] - 108:8audiotape [1] - 87:30August [6] - 3:18, 3:29,

4:5, 4:13, 12:2, 84:8authorities [6] - 2:7, 14:5,

14:6, 18:7, 29:9, 74:28available [2] - 28:15,

97:23avenues [1] - 24:7aware [23] - 10:25, 15:10,

19:2, 19:7, 19:9, 30:13, 32:16, 33:5, 33:7, 52:2, 53:4, 53:16, 55:18, 56:19, 61:25, 78:10, 78:15, 78:18, 84:12, 94:9, 94:12, 95:21, 98:1

awful [1] - 61:24

Bbaby [1] - 27:1baby-sitting [1] - 27:1background [5] - 35:19,

35:20, 42:28, 44:8, 104:3

bad [2] - 36:21, 91:1balloon [1] - 17:22bare [1] - 50:21bare-bones [1] - 50:21bars [1] - 63:24based [9] - 16:15, 43:22,

55:24, 75:24, 88:12, 88:13, 92:25, 93:4, 93:5

basis [4] - 19:26, 29:21, 74:11

BE [1] - 1:10beauty [1] - 48:12became [4] - 5:14, 35:25,

75:16, 92:15become [2] - 35:22, 72:16becomes [1] - 93:29bed [1] - 101:2beer [2] - 9:13, 102:10beg [1] - 111:19begin [1] - 1:5beginning [1] - 7:12behalf [7] - 72:16, 77:30,

86:23, 111:27, 112:4, 112:9

behind [1] - 9:27beholder [1] - 39:1Belfast [7] - 21:14, 23:11,

49:6, 53:17, 64:8, 64:15, 91:28

Belgium [3] - 103:5, 103:7, 103:8

benzene [1] - 8:9Berlin [1] - 27:1beside [2] - 9:25, 40:29best [3] - 20:5, 20:6,

111:25better [1] - 59:15between [10] - 4:6, 4:23,

14:20, 32:17, 79:13, 79:18, 79:22, 79:26, 84:13, 100:1

big [9] - 2:22, 9:15, 15:30, 25:4, 28:21, 44:19, 51:27, 109:5, 109:7

bigger [1] - 71:13biggest [4] - 83:7, 83:8,

83:11, 100:18bill [1] - 31:22bill-heads [1] - 31:22bit [6] - 19:12, 35:11,

55:27, 81:24, 102:14, 109:20

bits [3] - 44:17, 51:23, 51:24

black [1] - 104:11black-market [1] - 104:11Blackburn [1] - 90:16Blackwater [1] - 90:15Blair [59] - 1:16, 7:14,

23:22, 36:21, 65:1, 76:21, 76:23, 77:4, 77:6, 77:9, 77:14, 77:16, 77:23, 78:3, 78:5, 78:7, 78:8, 78:10, 78:13, 78:15, 78:18, 78:23, 78:29, 80:18,

80:26, 81:3, 81:12, 81:18, 81:19, 81:21, 81:27, 81:30, 82:2, 82:23, 84:3, 84:12, 84:17, 84:23, 84:28, 84:30, 85:2, 85:16, 85:17, 85:21, 85:22, 85:27, 86:4, 86:6, 86:13, 89:6, 89:9, 92:1, 92:5, 94:15, 103:30, 104:10

Blair's [3] - 80:14, 80:24, 82:3

blister [1] - 25:7blister-pack [1] - 25:7blowing [1] - 100:4blown [1] - 82:21blue [1] - 104:17Bob [2] - 5:22bomb [17] - 8:27, 9:11,

9:14, 23:28, 24:5, 33:11, 40:22, 40:23, 82:4, 82:10, 82:23, 83:1, 86:12, 99:3, 99:10, 108:12, 109:22

bombing [11] - 83:21, 84:5, 84:6, 85:27, 85:30, 86:1, 86:2, 86:3, 86:7, 86:9, 91:25

bombings [1] - 89:13bombs [16] - 7:14, 8:14,

9:15, 40:7, 42:3, 42:4, 42:5, 43:27, 81:19, 81:23, 81:28, 81:30, 82:2, 82:3

bones [1] - 50:21booby [2] - 82:4, 82:10booby-trap [2] - 82:4,

82:10book [27] - 48:4, 48:5,

48:6, 48:7, 65:25, 65:27, 65:28, 65:30, 66:2, 66:3, 66:10, 67:2, 67:4, 67:5, 67:13, 67:23, 67:25, 67:30, 68:2, 68:3, 68:4, 68:13, 68:27, 69:4, 69:8, 104:20

booked [3] - 1:17, 81:3, 81:13

bookies [1] - 80:28booking [1] - 81:4books [2] - 19:21, 66:29booster [1] - 9:14border [3] - 9:26, 10:4,

15:10bosses [1] - 27:3botched [1] - 54:12bottle [2] - 9:11, 9:12bottom [3] - 18:30, 93:12,

102:17bout [1] - 70:10box [8] - 9:16, 17:20,

18:30, 82:10, 82:12, 90:7, 101:25, 102:17

boy [1] - 100:26braggart [1] - 89:18brainchild [1] - 43:24

Bramblewood [1] - 98:28Branch [24] - 6:25, 6:29,

6:30, 10:17, 10:18, 10:22, 10:24, 10:25, 10:27, 10:29, 11:3, 11:8, 11:10, 11:13, 12:9, 26:23, 30:17, 30:18, 92:12, 92:15, 93:28, 97:29, 97:30, 100:5

branded [1] - 97:28brave [1] - 91:17breach [5] - 45:23, 45:28,

46:2, 46:11, 48:30break [2] - 3:30, 5:11breaking [1] - 50:26Breen [2] - 3:6, 107:24Brendan's [4] - 18:26,

18:28, 102:5, 102:9brewery [1] - 102:10bridesmaids [1] - 112:10brief [2] - 6:27, 10:29briefly [2] - 98:5, 109:30bring [9] - 6:29, 6:30, 8:3,

10:22, 10:27, 19:25, 36:10, 54:30, 95:15

bringing [2] - 8:24, 103:26

Britain [1] - 32:19British [17] - 2:26, 29:8,

60:16, 60:29, 83:6, 83:8, 83:11, 83:24, 84:7, 84:26, 84:27, 84:29, 87:10, 96:8, 96:28, 97:4, 97:12

broke [1] - 97:11Brothers [2] - 44:27,

46:25brought [10] - 5:9, 5:10,

6:18, 6:19, 6:23, 8:1, 68:25, 99:15, 100:2, 102:18

Browning [1] - 90:1Brussels [2] - 31:13,

31:14Buchanan [2] - 3:6,

107:25budget [1] - 11:14build [1] - 43:27builder's [1] - 82:22building [2] - 98:12,

109:13built [2] - 8:5, 90:16bunker [1] - 8:5business [2] - 81:22but.. [1] - 93:23Butchers' [1] - 90:10buy [2] - 30:25, 104:7buyer [1] - 104:6BY [5] - 1:10, 34:2, 76:18,

86:28, 107:15

CC-searcher [1] - 82:11Callan's [4] - 4:7, 4:24,

78:22, 78:27camera [5] - 8:29, 9:2,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

2

9:7, 9:8, 9:9canvass [4] - 38:24,

40:12, 41:21, 41:28capacity [1] - 14:11car [26] - 8:29, 9:7, 21:16,

76:27, 77:3, 77:9, 77:24, 77:27, 77:28, 78:6, 78:24, 78:29, 78:30, 79:6, 80:4, 80:6, 82:4, 82:13, 90:12, 91:5, 91:8, 91:12, 98:21, 104:15, 104:16

care [3] - 27:9, 28:19, 85:13

career [6] - 3:27, 7:8, 18:5, 28:7, 97:27, 97:29

carousel [1] - 30:24Carrickhill [2] - 96:28,

96:29Carrickmacross [1] -

79:5carried [1] - 107:4case [17] - 5:10, 13:26,

28:23, 28:24, 57:6, 61:14, 62:23, 63:12, 63:13, 63:15, 69:10, 69:19, 72:1, 72:23, 78:27, 90:13, 103:30

cash [2] - 47:17, 47:23cash-in [2] - 47:17, 47:23cashing [1] - 47:18cashing-in [1] - 47:18Castleblayney [1] - 79:9Castlerea [1] - 59:4catch [1] - 5:30catches [1] - 100:20categorically [1] - 97:6caught [4] - 22:20, 60:28,

64:7, 99:9caused [4] - 22:3, 53:27,

68:8, 93:15cave [1] - 42:30CB [1] - 16:1celebrity [1] - 35:11central [1] - 75:16Centre [1] - 59:4centre [1] - 72:17certain [7] - 9:1, 25:30,

36:25, 64:7, 72:19, 91:1, 98:24

certainly [4] - 11:26, 15:27, 72:9, 86:26

chain [1] - 88:29Chair [1] - 75:19Chairman [26] - 16:19,

30:4, 30:16, 30:29, 51:3, 55:4, 55:5, 55:15, 56:2, 57:8, 57:13, 57:25, 59:25, 64:13, 65:17, 71:20, 71:24, 72:7, 74:7, 94:28, 95:11, 97:22, 110:22, 111:2, 111:27, 112:3

CHAIRMAN [65] - 1:4, 5:30, 6:13, 6:18, 6:21, 7:6, 16:25, 16:29, 33:30, 55:30, 56:7, 56:14, 56:25, 57:11,

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57:21, 57:29, 58:4, 58:9, 58:16, 58:20, 59:12, 59:17, 59:22, 59:30, 60:7, 60:10, 60:14, 60:19, 60:22, 60:25, 61:3, 61:30, 62:4, 64:19, 65:8, 65:14, 65:19, 67:7, 71:22, 71:26, 72:1, 72:12, 72:25, 73:2, 73:6, 74:3, 74:20, 74:26, 75:12, 75:22, 76:3, 76:13, 86:20, 97:25, 101:14, 101:17, 101:20, 107:13, 110:17, 110:24, 110:30, 111:5, 111:13, 111:19, 112:7

challenge [2] - 35:24, 52:12

chance [2] - 8:26, 90:17change [4] - 5:3, 5:8,

48:2, 67:1changed [1] - 5:4channel [1] - 83:5channels [1] - 104:19charge [3] - 9:14, 50:14,

93:2charged [2] - 17:2, 107:1charges [2] - 107:2, 107:3chased [1] - 96:6chat [1] - 19:17check [3] - 4:21, 27:5,

109:20checked [1] - 89:27checkpoint [1] - 89:30checks [1] - 25:11cheque [1] - 102:12cheque-fraud [1] -

102:12cheques [8] - 18:28,

18:29, 102:5, 102:9, 102:16, 102:17, 102:18

chief [1] - 87:28Chief [2] - 11:2, 110:11chips [4] - 100:27, 101:4,

101:7Christmas [3] - 111:22,

111:25, 111:29church [1] - 111:22CID [7] - 16:13, 48:19,

92:13, 100:21, 103:16, 103:19, 103:20

cigarette [1] - 88:1cigarettes [2] - 103:10,

103:13cipher [2] - 90:12, 92:26circulation [1] - 25:14circumstances [1] -

63:19circumstantial [1] - 22:8cities [1] - 48:12civil [1] - 29:3civilians [1] - 8:16claim [33] - 29:8, 52:4,

52:6, 53:16, 53:25, 53:28, 53:29, 54:1, 54:3, 54:6, 54:7, 54:27, 55:2, 57:26, 57:30,

58:2, 58:4, 58:7, 58:14, 58:23, 58:26, 58:27, 58:28, 59:2, 59:23, 61:11, 61:14, 61:16, 61:17, 61:23, 61:27, 62:18, 64:14

claimed [1] - 96:10claiming [7] - 45:23,

45:28, 46:5, 46:28, 47:2, 48:30, 62:7

claims [3] - 96:28, 96:29, 97:3

clash [1] - 100:7class [1] - 39:2classed [2] - 11:12, 22:8clean [1] - 83:27cleaned [1] - 4:14cleaner [2] - 99:17,

102:16clear [5] - 20:22, 44:4,

61:10, 70:25, 92:19clearly [4] - 24:18, 50:27,

55:23, 70:21client [21] - 14:17, 34:29,

35:26, 36:10, 55:13, 55:19, 56:3, 56:7, 57:26, 64:23, 66:28, 69:29, 70:2, 70:5, 71:2, 74:13, 74:14, 74:20, 74:26, 84:2, 85:2

clients [2] - 52:13, 52:19close [3] - 25:23, 28:22,

57:25closing [1] - 57:4coal [1] - 39:4code [2] - 99:29, 99:30coded [4] - 15:17, 99:26,

99:28codes [2] - 15:22, 16:3coffee [6] - 40:6, 42:2,

42:4, 43:26, 44:30coffee-jar [4] - 40:6, 42:2,

42:4coin [1] - 90:7cold [1] - 19:27colleagues [4] - 78:12,

78:17Colleen [4] - 7:21, 93:16,

94:9, 99:25Collins [7] - 90:24, 90:27,

90:28, 91:16, 91:17, 92:1, 92:5

Collins's [1] - 81:6Collins.. [1] - 65:1collusion [3] - 13:1, 13:7,

29:13coming [10] - 23:27, 32:4,

91:24, 91:26, 91:27, 100:15, 100:19, 101:23, 105:19

Coming [4] - 90:25, 90:26, 91:20, 91:29

commanding [1] - 89:15comment [3] - 9:22,

92:14, 94:22Commissioner [1] -

111:28Commissioner's [1] -

111:28committed [1] - 89:13communicating [1] -

15:26communications [2] -

15:30, 88:1Company [1] - 76:22company [7] - 18:28,

28:21, 31:23, 31:26, 46:19, 46:21, 96:11

compellable [2] - 105:16, 105:18

compelled [1] - 75:5compensation [3] -

45:19, 45:25, 45:26complained [1] - 49:5complaints [1] - 88:23complete [3] - 23:13,

78:14, 78:26completely [3] - 86:13,

97:13, 107:25complex [1] - 96:6computer [9] - 18:23,

18:24, 100:26, 101:4, 101:5, 101:7, 102:18, 102:30

concentrate [3] - 56:14, 56:27, 57:22

concern [3] - 32:25, 50:29, 108:15

concerned [9] - 2:13, 49:26, 50:19, 56:4, 64:29, 69:16, 76:6, 108:25, 108:27

concerning [3] - 33:6, 33:12, 71:15

concisely [1] - 4:12concluded [1] - 25:12concludes [1] - 110:17conclusion [3] - 24:25,

25:17, 25:19conduct [1] - 57:17confidential [4] - 76:25,

78:3, 78:11, 78:16confines [1] - 50:20confirm [1] - 92:11confirmed [3] - 97:30,

104:23, 110:10confusion [1] - 111:20connected [2] - 88:28,

89:14connection [1] - 87:24connections [2] - 101:9,

102:15connector [1] - 82:17consequences [1] -

55:26consider [1] - 5:23consideration [2] - 74:23,

75:20considered [2] - 52:4,

81:13Constable [2] - 11:2,

110:11constantly [1] - 18:25constraint [1] - 59:14constraints [1] - 55:10constructed [1] - 64:16

construction [1] - 96:11consulted [1] - 93:21contact [6] - 32:15,

53:10, 53:11, 58:25, 76:29, 102:23

contacted [4] - 2:23, 13:11, 13:15, 102:21

contacts [2] - 30:20, 101:3

container [2] - 30:27, 101:23

containers [2] - 30:25, 31:30

content [1] - 110:14context [1] - 36:8continue [5] - 58:20,

65:14, 65:19, 72:2, 75:28

CONTINUED [2] - 1:10, 74:1

contract [1] - 52:15contradict [1] - 78:8contradicts [1] - 78:7contrary [2] - 44:7, 95:4control [9] - 7:2, 25:23,

33:24, 45:6, 46:1, 47:9, 47:12, 67:2, 67:12

controversial [1] - 97:4convenience [1] - 107:4conversation [6] - 1:23,

27:30, 30:30, 70:12, 70:19, 71:3

conversations [8] - 16:6, 16:8, 17:8, 17:16, 17:28, 18:1, 18:16, 84:3

convicted [6] - 17:2, 66:24, 66:26, 80:3

conviction [1] - 89:10convictions [3] - 66:30,

103:3, 103:4Cooley [2] - 8:2, 8:3cooperation [1] - 32:17coordinates [2] - 10:7,

10:8copies [1] - 97:22copy [1] - 49:9copyright [13] - 45:24,

45:28, 46:2, 46:3, 46:11, 47:3, 48:30, 49:8, 49:13, 49:14, 50:9, 50:14, 50:22

Cork [1] - 104:16correct [9] - 7:17, 7:22,

12:5, 12:24, 50:18, 57:22, 63:22, 96:12, 108:18

Corrigan [24] - 1:21, 2:10, 3:5, 4:14, 13:1, 29:12, 76:24, 77:4, 77:7, 77:9, 77:17, 77:25, 77:29, 78:2, 78:24, 78:25, 78:28, 83:19, 83:27, 105:11, 106:1, 106:3, 112:4

Corrigan's [1] - 76:29Cory [3] - 13:5, 13:22,

14:16costs [1] - 52:20

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

3

Council [1] - 89:2counsel [9] - 56:25, 57:3,

72:23, 73:7, 74:7, 74:16, 74:17, 75:25, 76:5

counsel.. [1] - 75:29counted [1] - 49:3counter [1] - 100:3counter-measures [1] -

100:3countries [1] - 30:26country [2] - 27:29, 68:9couple [2] - 3:4, 101:20course [15] - 9:23, 12:18,

12:21, 14:25, 16:3, 17:5, 18:15, 18:23, 32:26, 45:25, 52:21, 53:11, 54:10, 57:18, 104:6

court [2] - 98:12, 99:15Court [3] - 53:17, 61:10,

106:30Courthouse [1] - 98:10courthouse [1] - 98:16courts [4] - 35:24, 52:25,

53:3, 88:23cousins [1] - 11:14covered [1] - 33:11covert [1] - 99:7cows [1] - 9:5Coyle [1] - 99:12cream [1] - 90:11credibility [1] - 69:22credible [1] - 69:16credit [2] - 35:5, 35:7crier [1] - 76:13crime [7] - 101:30, 102:2,

102:3, 102:6, 102:21, 102:24, 102:26

crimes [2] - 92:21, 109:27criminal [5] - 24:30, 25:3,

25:20, 64:24, 66:30criticism [1] - 110:2cross [10] - 55:9, 57:17,

57:23, 75:28, 76:1, 76:5, 92:23, 95:14, 107:18, 109:30

CROSS [4] - 1:10, 34:2, 76:18, 86:28

cross-examination [6] - 55:9, 57:17, 57:23, 76:1, 92:23, 109:30

cross-examine [2] - 75:28, 76:5

cross-examined [2] - 95:14, 107:18

CROSS-EXAMINED [4] - 1:10, 34:2, 76:18, 86:28

crossed [1] - 104:20Crossmaglen [4] - 79:13,

79:19, 79:25, 89:2cryer [1] - 76:8crying [1] - 90:18Customs [18] - 11:16,

11:19, 11:24, 12:2, 12:6, 30:11, 30:19, 30:24, 31:6, 31:8, 31:12, 31:13, 31:20,

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31:24, 31:27, 100:11, 100:16

Céilí [3] - 78:22, 78:27, 79:3

Ddaily [8] - 29:21, 53:11,

53:23, 53:24, 58:25, 62:14, 62:15, 74:11

dangerous [1] - 28:24date [18] - 3:1, 3:2, 3:18,

6:22, 7:20, 26:10, 26:18, 27:22, 29:6, 36:3, 42:25, 54:20, 85:23, 95:29, 97:14, 97:20, 108:19, 111:2

dates [4] - 26:19, 96:14, 96:15, 104:30

days [5] - 2:4, 15:19, 80:17, 80:22, 99:8

de [6] - 15:18de-de-de-de-de-de [1] -

15:18dead [2] - 90:1, 91:8deal [3] - 24:9, 65:25,

93:8dealer [2] - 37:22, 104:7dealing [5] - 4:15, 4:16,

11:24, 29:20, 30:18dealings [4] - 21:27,

23:30, 24:2, 97:9deals [1] - 96:29dealt [1] - 5:18death [5] - 49:21, 106:12,

106:13, 106:14, 107:3debrief [6] - 2:19, 2:22,

3:25, 5:1, 5:14, 7:8debriefed [1] - 65:5December [1] - 53:4DECEMBER [1] - 1:1decide [1] - 51:23decided [4] - 24:22,

24:23, 37:8, 37:29decision [1] - 82:9decode [1] - 15:19Defence [1] - 55:20defendant [2] - 58:13,

61:26definitely [2] - 89:4,

108:10deliberately [1] - 34:23delighted [1] - 9:20delusional [1] - 105:8demeanour [1] - 80:29denies [1] - 86:13deny [5] - 77:1, 77:2,

77:6, 96:25, 107:25Department [1] - 26:12department [2] - 11:1,

19:4departments [2] - 2:22,

11:21Derek [1] - 23:11Dermot [1] - 66:25derogatory [1] - 94:1Derry [3] - 101:6, 101:18,

101:20

Derryard [1] - 89:29describe [1] - 79:4described [3] - 81:11,

90:22, 109:6description [1] - 7:7deserve [1] - 35:6desperate [2] - 71:5, 71:6destroyed [2] - 33:7,

33:14detail [4] - 1:15, 69:21,

89:25, 89:28details [7] - 3:26, 37:22,

89:26, 92:10, 95:11, 101:24, 101:27

detective [1] - 92:18Detective [3] - 20:24,

32:29, 80:4devastated [2] - 96:28,

96:30developed [1] - 82:2developing [1] - 81:23developments [1] - 99:24device [3] - 8:22, 17:24,

43:30devices [7] - 7:15, 17:10,

18:21, 19:3, 41:23, 41:24, 44:5

devise [1] - 111:23DiCaprio [2] - 46:17,

46:18diesel [1] - 8:10different [17] - 2:17, 2:22,

8:9, 15:22, 17:23, 18:18, 22:16, 27:2, 27:29, 28:13, 39:8, 45:30, 52:21, 63:24, 63:25, 64:3, 103:8

difficulty [2] - 3:3, 43:11dinner [1] - 31:5direct [2] - 57:18, 94:7disagree [3] - 63:11,

70:26, 78:19disappear [6] - 35:22,

39:29, 39:30, 40:1, 42:28, 43:4

disappeared [1] - 33:7disappearing [1] - 43:5disappointed [1] - 57:3discussing [1] - 55:7discussion [2] - 23:17,

70:16dishonest [1] - 88:8dispute [2] - 52:13, 52:14distance [3] - 79:28,

79:29, 98:24distances [2] - 79:22,

79:26distribute [1] - 41:14divorce [1] - 53:15divorced [1] - 53:14document [5] - 16:10,

106:15, 106:18, 106:21, 106:22

domain [1] - 59:7Donaldson [7] - 69:14,

70:4, 70:9, 70:13, 70:17, 70:21, 71:1

done [31] - 1:29, 2:4, 4:9,

7:9, 9:13, 11:22, 12:1, 17:18, 18:3, 22:19, 25:24, 26:2, 28:28, 31:9, 31:25, 33:15, 35:8, 40:21, 49:29, 50:23, 53:3, 54:23, 60:27, 75:2, 81:7, 85:18, 88:15, 88:19, 93:29, 93:30, 104:4

Donie [1] - 66:22Donna [1] - 66:22doodlebug [1] - 40:23door [3] - 28:22, 76:7,

76:14dotted [1] - 104:20double [1] - 39:19down [41] - 1:27, 3:14,

4:20, 4:27, 5:20, 5:23, 7:6, 8:11, 8:18, 8:24, 8:27, 8:29, 9:19, 10:5, 11:27, 16:22, 16:26, 20:21, 21:11, 22:18, 22:21, 26:24, 29:23, 30:4, 30:6, 30:19, 32:1, 42:8, 42:30, 64:6, 64:9, 66:5, 70:14, 76:14, 80:27, 91:2, 91:3, 94:30, 100:16, 100:20, 104:16

download [2] - 41:9, 41:12

downloaded [1] - 50:12downloading [2] - 50:24,

51:2drafted [1] - 61:3draw [1] - 71:9drink [1] - 34:18drive [2] - 9:2, 79:12driven [2] - 48:13, 48:17driver [4] - 21:5, 21:14,

91:7, 91:11driving [3] - 9:2, 104:15,

104:16drove [2] - 8:26, 78:23Drug [2] - 12:4, 12:10drug [2] - 103:5, 104:7drugs [5] - 32:3, 100:14,

100:18drunk [2] - 34:20, 90:6Dublin [4] - 20:20, 26:11,

29:2, 31:12dug [1] - 8:13dump [10] - 8:13, 9:3, 9:9,

9:10, 9:19, 9:21, 9:22, 9:26, 9:29

Dundalk [16] - 21:11, 21:15, 22:11, 63:25, 64:7, 64:9, 65:3, 66:5, 66:6, 66:17, 79:13, 79:19, 79:28, 80:13, 90:6, 105:28

Durack [2] - 5:30, 63:16DURACK [7] - 1:8, 1:10,

1:13, 6:2, 7:12, 17:5, 33:28

during [8] - 6:21, 14:12, 30:28, 43:3, 80:17, 84:23, 99:28, 111:21

duty [3] - 30:27, 85:13, 89:11

Ee-mail [2] - 50:29, 61:5e-mailed [1] - 50:7e-mails [1] - 46:26early [1] - 101:1easier [1] - 7:4easy [2] - 70:12, 70:16eating [1] - 90:11Edenappa [1] - 20:19editor [3] - 25:30, 26:21,

26:26editorial [3] - 47:12, 67:2,

67:12effectively [2] - 72:21,

110:11eighties [3] - 21:24, 64:6Eileen [1] - 80:25either [7] - 14:8, 22:20,

33:8, 33:19, 56:29, 57:4, 69:8

electronic [1] - 40:7electronics [4] - 38:12,

38:13, 38:14eleven [1] - 14:29embarrass [4] - 52:27,

52:29, 53:2, 62:29embarrassed [1] - 63:4embarrassment [1] -

62:27employer [1] - 55:20employers [2] - 27:9,

37:4encountered [1] - 64:5end [12] - 24:22, 24:23,

28:22, 31:15, 37:8, 37:25, 45:19, 52:9, 73:4, 73:6, 82:15, 102:3

England [9] - 13:12, 13:13, 28:14, 35:18, 35:21, 43:14, 74:28, 104:7, 105:16

enlighten [1] - 82:30entails [1] - 72:22enterprise [2] - 25:3,

25:21entirely [1] - 33:25entitled [2] - 74:27, 78:8equally [3] - 14:27, 27:10,

36:21equipment [4] - 10:2,

10:5, 14:13, 18:2escaped [1] - 91:14especially [2] - 24:19,

92:13essentially [1] - 12:22establish [1] - 68:1established [1] - 58:2etc [2] - 14:13, 68:14EU [1] - 30:23euphemism [1] - 106:8euro [1] - 30:2Eurodisney [11] - 2:23,

2:30, 4:1, 4:3, 4:28, 6:4, 95:16, 96:10, 96:13,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

4

97:16, 97:19evacuated [1] - 99:1evening [4] - 34:21,

80:29, 82:9, 82:20event [2] - 53:16, 56:26events [1] - 32:27everywhere [1] - 109:9evidence [37] - 18:3,

22:8, 34:9, 57:15, 57:23, 65:10, 65:12, 67:14, 71:14, 74:12, 74:13, 74:20, 75:4, 75:10, 75:13, 75:24, 76:23, 77:14, 77:16, 78:10, 81:2, 81:10, 83:19, 83:26, 84:28, 85:14, 85:28, 86:15, 87:1, 89:17, 93:9, 94:7, 95:4, 104:21, 110:7, 110:17, 111:6

evidently [1] - 67:8ex [3] - 57:30, 59:23,

61:21ex-wife [2] - 57:30, 61:21ex-wife's [1] - 59:23exact [4] - 3:2, 26:10,

26:18, 84:6exactly [5] - 27:3, 29:11,

50:2, 50:23, 108:24examination [7] - 55:9,

55:26, 57:17, 57:23, 76:1, 92:23, 109:30

examine [2] - 75:28, 76:5examined [2] - 95:14,

107:18EXAMINED [5] - 1:10,

34:2, 76:18, 86:28, 107:15

example [1] - 36:8except [1] - 77:17exception [1] - 45:3excerpt [1] - 107:22exchange [2] - 15:9,

15:10Excise [3] - 30:11, 31:6,

100:11excited [1] - 91:29excuse [1] - 93:30executed [1] - 19:29exhibiting [2] - 42:10,

42:13exhibition [7] - 37:4,

37:7, 37:10, 37:14, 37:30, 38:2, 40:10

exhibitions [1] - 40:30expect [2] - 94:2, 109:11expected [1] - 32:27explain [9] - 11:2, 39:25,

43:12, 59:12, 59:28, 59:30, 70:4, 71:1, 82:8

explaining [6] - 25:10, 59:9, 59:22, 61:15, 70:17, 82:6

explanation [1] - 70:29explode [1] - 38:23explosive [16] - 37:6,

38:9, 38:21, 38:23, 38:24, 40:10, 40:19,

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40:26, 40:27, 41:3, 41:19, 41:23, 41:24, 42:19, 86:6

explosives [3] - 8:7, 9:10, 86:11

Express [1] - 97:14expressed [1] - 50:29expression [1] - 101:1extend [1] - 74:30extended [2] - 72:20,

74:17extent [2] - 19:23, 58:10extra [1] - 10:30eye [1] - 39:1eyes [1] - 57:5

Ffabrication [5] - 71:16,

77:30, 78:1, 78:26, 86:16

face [2] - 49:4, 49:20faces [1] - 5:13facilities [1] - 14:13facility [1] - 15:8fact [16] - 2:12, 4:13, 8:1,

18:16, 22:2, 23:4, 23:18, 23:28, 29:2, 35:28, 35:30, 40:6, 57:25, 68:8, 89:29, 110:3

factory [3] - 101:23, 108:12, 109:22

fail [1] - 71:2failures [1] - 103:17fair [1] - 88:28fairly [4] - 36:5, 68:11,

70:12, 88:28fairness [1] - 107:29fall [1] - 98:26fallout [1] - 12:15falls [1] - 22:6false [3] - 51:9, 55:20,

58:16falsely [1] - 62:17familiar [1] - 35:30families [4] - 94:17,

94:19, 94:26, 95:9family [7] - 23:15, 57:26,

94:27, 95:1, 95:5, 95:7, 97:1

fantasist [2] - 97:28, 105:7

fantastical [1] - 100:25fantasy [9] - 84:22,

102:27, 102:28, 103:1, 103:2, 103:5, 103:6, 103:22, 103:23

far [2] - 15:10, 55:22father [1] - 90:16fault [1] - 102:7feared [1] - 97:1February [2] - 106:24,

106:29fee [3] - 41:8, 50:14,

50:17feet [1] - 56:18Fein [1] - 101:12

fell [4] - 23:4, 23:5, 100:5, 100:6

felt [1] - 60:26female [2] - 16:26, 16:27fertiliser [3] - 8:7, 8:12,

8:14fertilisers [1] - 7:16few [12] - 2:4, 5:5, 9:23,

11:28, 26:30, 52:8, 63:24, 64:10, 76:20, 99:8, 104:17, 105:10

field [1] - 98:17figure [3] - 34:25, 75:16,

88:27figures [1] - 86:30file [3] - 108:21, 109:23,

109:24filed [3] - 53:16, 74:23,

75:2files [2] - 13:6, 33:12fill [1] - 30:11filled [1] - 98:17film [7] - 44:24, 44:28,

45:3, 45:10, 45:14, 46:20, 46:22

filmed [1] - 99:8finally [1] - 86:15Finance [1] - 31:3finances [1] - 63:6financial [5] - 48:23,

50:30, 51:1, 52:16, 52:18

fingerprint [1] - 109:15fingerprints [8] - 108:15,

108:21, 108:23, 108:25, 109:10, 109:11, 109:15, 109:21

finish [5] - 4:11, 59:10, 79:7, 79:8, 105:26

finished [3] - 1:8, 76:1, 81:15

finishes [1] - 64:13Fintan [4] - 4:7, 4:24,

78:22, 78:27Finucane [1] - 66:25fire [5] - 91:10, 96:4, 96:7,

98:16, 98:22firearms [2] - 32:3, 32:4fired [1] - 20:7firing [2] - 27:19, 98:25firm [1] - 75:23first [16] - 2:8, 11:11,

20:7, 20:8, 21:9, 21:10, 34:13, 42:23, 43:29, 64:4, 67:15, 68:1, 75:22, 76:23, 87:4, 108:18

fish [1] - 71:13fit [1] - 57:18five [1] - 48:22Flanagan [6] - 44:30,

48:28, 49:23, 50:1, 70:22, 110:3

Flanagan's [1] - 44:30Flanigan [1] - 74:7FLANIGAN [5] - 74:9,

74:22, 75:8, 75:19, 76:1flash [7] - 38:18, 38:19,

99:23, 99:24, 99:25, 99:26, 99:27

flashing [6] - 38:28, 40:4, 40:12, 40:13, 41:20, 41:28

flats [1] - 96:6flew [2] - 31:8, 31:11flicked [1] - 51:27fly [1] - 31:7follow [2] - 6:14, 112:3following [5] - 7:25,

15:29, 61:28, 74:9, 74:12

FOLLOWS [7] - 1:2, 1:11, 34:2, 74:1, 76:18, 86:28, 107:15

follows [1] - 12:2foot [2] - 91:11, 96:22footage [1] - 9:21FOR [1] - 73:11Force [2] - 26:2, 43:25force [1] - 10:4forces [3] - 32:18, 81:23,

83:24forefront [1] - 68:15Foreign [1] - 26:13forever [2] - 56:15, 56:17forget [1] - 108:23forgive [3] - 29:22,

103:26, 111:20forgiveness [1] - 50:28Forkhill [1] - 20:19Former [1] - 43:21former [4] - 27:9, 53:6,

78:12, 78:17four [3] - 20:18, 25:7,

91:13frame [1] - 105:11fraud [4] - 18:26, 101:6,

102:12, 102:30Fraud [1] - 104:22Freddie [2] - 55:19, 61:1free [1] - 70:12friend [1] - 94:26Friend [2] - 55:28, 64:21friendly [1] - 5:12friends [1] - 53:12front [2] - 81:9, 90:14full [2] - 49:20, 54:23Fulton [11] - 39:20, 43:24,

43:27, 51:30, 55:7, 55:12, 57:14, 94:13, 107:17, 110:15, 110:18

FULTON [1] - 1:10Fulton's [1] - 72:29function [3] - 87:6, 87:8,

92:8funds [1] - 104:2furtherance [1] - 61:11future [2] - 74:14, 74:24

Ggain [1] - 27:18galleries [1] - 39:15gallery [4] - 37:17, 37:21,

37:23, 42:12Gallery [3] - 37:30, 39:11,

41:6gaps [1] - 30:12garda [4] - 76:25, 78:11,

78:16, 105:28Garda [16] - 15:13, 21:17,

30:20, 32:18, 67:29, 77:17, 78:3, 80:4, 83:19, 83:27, 100:17, 103:26, 103:28, 104:13, 104:22, 108:22

gardaí [2] - 80:28, 81:11Gardaí [2] - 32:26, 32:28garden [1] - 8:24gas [2] - 9:11, 9:12gas-bottle [1] - 9:11gather [1] - 102:1gathering [1] - 88:20general [3] - 70:19, 107:1generally [1] - 34:10gentleman [5] - 16:16,

31:7, 31:12, 82:21, 108:1

gentlemen [2] - 8:20, 17:24

genuine [1] - 25:12ghost [2] - 65:26, 67:12given [39] - 3:13, 3:15,

3:16, 6:15, 7:25, 13:10, 13:21, 13:22, 13:26, 13:28, 13:29, 13:30, 14:1, 14:16, 16:9, 18:17, 26:22, 28:25, 32:7, 35:5, 72:22, 74:12, 74:13, 74:17, 74:29, 75:9, 83:22, 86:10, 86:16, 87:30, 92:14, 101:14, 101:15, 101:24, 103:14, 106:15, 106:20

gloves [3] - 108:27, 108:29, 109:8

glue [3] - 43:26, 82:12, 82:15

glue-gunned [1] - 82:15glued [1] - 82:11gofer [2] - 81:12, 81:14gold [1] - 101:9golden [1] - 25:22government [1] - 60:29Government [6] - 29:8,

32:1, 52:4, 88:27, 103:10, 103:15

GPS [3] - 8:15, 8:17, 9:18Graham [1] - 82:22grant [1] - 30:23granted [1] - 75:15granting [1] - 75:25grateful [1] - 110:24gravel [2] - 79:7great [7] - 19:23, 29:17,

30:20, 39:26, 89:25, 90:8, 90:19

greatest [1] - 55:6green [4] - 1:17, 81:3,

81:4, 81:13green-booked [3] - 1:17,

81:3, 81:13green-booking [1] - 81:4

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

5

grille [1] - 9:4grind [3] - 8:7, 8:8, 8:11grinder [3] - 109:3,

109:12, 109:13grinders [3] - 109:1,

109:6, 109:7gripe [1] - 27:13ground [1] - 8:14group [4] - 13:16, 13:20,

13:25, 22:6groups [3] - 23:14, 27:17grudging [1] - 97:29guarantees [1] - 28:25Guards [1] - 31:28guilty [1] - 107:2gun [3] - 43:26, 82:12,

90:18gunmen [3] - 23:15, 96:4,

96:5gunned [1] - 82:15guns [1] - 41:1guy [5] - 28:10, 32:6,

90:15, 101:12

Hhabit [1] - 90:7half [4] - 14:29, 71:28,

72:1, 92:5halfway [3] - 79:13,

79:18, 79:26hand [6] - 79:5, 79:16,

87:18, 87:20, 89:3, 89:4handed [5] - 65:11,

67:18, 70:2, 99:9, 106:22

handle [3] - 5:6, 12:7, 52:14

handled [2] - 6:25, 93:3handler [9] - 5:5, 24:29,

25:11, 25:15, 92:13, 104:12, 110:4, 110:7

handlers [53] - 3:9, 3:24, 4:2, 4:10, 4:16, 5:3, 5:4, 5:5, 5:8, 5:10, 7:18, 8:1, 8:14, 10:21, 10:23, 10:25, 10:28, 11:7, 11:14, 13:2, 13:3, 13:23, 24:1, 24:3, 31:8, 32:24, 33:4, 33:6, 33:13, 33:20, 52:7, 54:10, 54:14, 60:28, 86:10, 89:27, 90:21, 92:9, 92:11, 93:20, 93:28, 98:19, 98:30, 99:4, 99:20, 100:2, 100:15, 101:24, 101:29, 102:19, 104:5, 104:8

handling [2] - 10:19, 93:27

hands [3] - 13:2, 13:3, 75:1

happy [8] - 25:5, 27:13, 42:7, 70:23, 106:7, 111:25, 111:29, 112:4

Hardy [1] - 66:22harm [5] - 49:3, 49:12,

49:21, 49:27, 49:30

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harmlessly [1] - 98:17hash [1] - 100:18Haughey [6] - 95:22,

96:3, 96:6, 96:9, 96:30, 97:7

hauls [1] - 100:18Hawkey [1] - 98:29head [1] - 87:28headed [1] - 61:8headline [4] - 36:11,

36:20, 36:24, 36:28headlines [6] - 36:9,

36:12, 36:16, 36:17, 36:23, 36:30

heads [2] - 31:22, 31:23health [1] - 91:18hear [9] - 13:14, 19:28,

28:15, 39:15, 45:22, 60:5, 83:3, 84:1, 111:6

heard [21] - 1:23, 3:5, 19:9, 19:20, 19:23, 19:30, 21:2, 21:3, 25:29, 45:10, 45:26, 77:13, 81:10, 83:14, 84:24, 84:25, 88:14, 89:17, 90:4, 92:3

hearing [2] - 91:22, 111:23

hearsay [1] - 84:22heart [1] - 91:1Heathrow [1] - 31:11height [2] - 98:11, 98:20held [3] - 25:13, 25:14,

54:15help [4] - 87:3, 97:16,

97:18, 110:24helped [3] - 27:15, 27:17,

83:27helping [1] - 31:5helps [1] - 60:17Henry [2] - 107:19,

107:30hero [1] - 34:30hide [1] - 41:29Higgins [3] - 30:1, 31:1,

32:5high [1] - 88:29High [2] - 53:17, 61:10hijack [1] - 101:23himself [4] - 22:30, 26:27,

27:18, 111:29hire [1] - 21:15history [2] - 2:19, 67:3hit [4] - 9:1, 36:1, 36:3,

96:7Hold [1] - 59:9hold [4] - 8:13, 16:11,

40:15, 91:16holding [1] - 23:15Holding [1] - 59:4holds [1] - 55:24hole [1] - 42:30holidays [1] - 86:2Hollywood [2] - 17:20,

101:25holy [1] - 111:22home [4] - 53:24, 96:3,

97:14, 99:1

honest [1] - 88:8honestly [1] - 64:22hoped [2] - 43:28, 111:22hopeless [1] - 26:18hostage [1] - 23:15hotel [1] - 26:14hour [2] - 71:29, 72:1hours [3] - 31:17, 86:7,

86:11House [3] - 78:22, 78:28,

79:4house [20] - 17:25, 21:19,

22:14, 64:2, 78:23, 78:28, 79:3, 79:15, 79:18, 79:24, 80:14, 80:24, 80:27, 80:29, 81:1, 81:6, 81:9, 82:20, 84:4

household [1] - 43:26houses [2] - 17:10, 18:22Hughes [1] - 66:23human [1] - 108:29Hurst [2] - 108:3, 108:9hÉireann [1] - 107:5

Ii's [1] - 104:20Ian [1] - 108:3ice [1] - 90:11ice-cream [1] - 90:11idea [4] - 6:7, 39:16,

39:18, 104:18identified [1] - 6:7identify [5] - 2:7, 3:10,

4:18, 11:30, 104:24ill [1] - 91:18illegally [1] - 50:12illustrate [1] - 64:27immediate [1] - 99:7immediately [3] - 76:8,

99:21, 102:4implied [1] - 86:6imply [2] - 86:4, 86:8importance [4] - 12:30,

34:24, 34:26, 34:29important [6] - 29:18,

34:24, 34:27, 34:28, 67:27, 67:29

impression [1] - 27:12imprisoned [1] - 62:18imprisonment [2] -

55:21, 58:16in' [1] - 90:25In' [3] - 90:26, 91:20,

91:29in-law [1] - 98:29inaccuracies [1] - 65:28incendiary [1] - 7:15incident [14] - 4:8, 4:24,

17:6, 36:26, 67:23, 67:27, 69:2, 69:11, 69:25, 70:1, 70:18, 71:1, 76:27, 82:24

incidents [5] - 67:24, 68:14, 70:21, 84:21, 105:1

inclined [1] - 19:16

inclusion [1] - 62:26incorrect [2] - 38:6, 38:7increased [1] - 32:17indeed [8] - 5:19, 23:21,

25:12, 33:28, 40:17, 55:8, 71:16, 87:19

Independent [7] - 29:24, 29:26, 29:27, 29:29, 32:8, 32:12, 32:14

indicate [1] - 75:3indicated [2] - 57:11,

110:18indicates [1] - 51:30indication [6] - 74:10,

75:8, 75:9, 75:13, 80:19, 87:16

indications [1] - 88:10individual [1] - 89:5individuals [2] - 6:6,

19:19inevitably [1] - 109:9Infiltrator' [1] - 44:24Informant [1] - 101:30informant [14] - 23:21,

24:13, 26:23, 30:17, 30:18, 30:30, 31:18, 35:27, 35:28, 35:29, 63:3, 87:10, 103:9, 105:29

informants [1] - 88:22information [58] - 2:9,

4:10, 7:26, 11:6, 12:7, 13:7, 13:10, 13:22, 13:27, 14:16, 14:28, 15:5, 18:6, 19:17, 26:27, 29:24, 30:8, 30:10, 31:4, 31:25, 32:19, 33:20, 33:24, 38:4, 43:18, 52:1, 52:3, 76:24, 77:5, 77:10, 78:3, 78:4, 78:6, 78:11, 78:16, 78:18, 83:22, 83:24, 83:29, 84:16, 84:24, 84:25, 92:19, 92:20, 95:10, 96:26, 98:6, 98:9, 98:19, 98:29, 99:5, 102:1, 102:8, 102:20, 103:28, 105:2

informer [4] - 22:9, 64:7, 64:8, 78:25

infrared [1] - 99:26infringe [1] - 50:22infringed [1] - 72:10infringement [3] - 49:13,

49:14, 50:14Ingram [8] - 25:26, 26:8,

26:24, 26:28, 27:12, 27:13, 27:14, 27:15

inhibitions [2] - 70:8, 70:10

initial [1] - 31:10injured [1] - 95:6innocent [1] - 60:27inquiring [1] - 56:11Inquiry [3] - 18:19, 36:8,

36:12inquiry [5] - 22:10, 22:26,

36:11, 36:17, 88:23inside [5] - 9:23, 78:23,

98:12, 99:17, 109:13insight [2] - 43:28, 44:4Inspector [1] - 93:2instruct [1] - 28:30instructed [6] - 8:16,

8:28, 51:3, 76:21, 81:18, 111:16

instructing [1] - 88:7Intelligence [6] - 2:23,

2:26, 2:28, 26:4, 32:18, 87:25

intelligence [8] - 32:24, 87:23, 88:12, 88:14, 88:20, 96:9, 102:1, 103:11

intended [1] - 20:1intending [1] - 75:3intention [2] - 8:6, 111:5interest [4] - 26:20, 27:7,

35:13, 47:29interested [2] - 39:11,

47:18interesting [1] - 31:21Internal [6] - 21:5, 21:8,

23:1, 85:18, 87:9, 87:25Internet [6] - 28:3, 28:15,

43:8, 43:9, 43:21, 108:5interrogate [2] - 19:22,

20:2interrogated [5] - 59:5,

62:11, 64:9, 65:5, 87:12interrogation [1] - 68:5interrogations [1] - 68:14interrogators [1] - 87:28interrupting [1] - 55:4intervening [2] - 111:14,

111:21intrinsic [1] - 39:20introduce [1] - 36:28introduced [4] - 26:1,

36:8, 36:16, 36:23introducing [1] - 36:24investigate [1] - 95:12investigating [2] - 92:18,

92:21investigation [8] - 23:6,

31:10, 31:14, 33:11, 49:7, 93:15, 93:18, 94:3

investigators [1] - 52:2invigorated [1] - 66:4invited [1] - 37:17involve [3] - 69:11, 69:12,

69:13involved [52] - 1:16, 1:21,

5:14, 7:9, 10:19, 12:25, 14:12, 17:10, 17:23, 18:5, 19:15, 19:17, 19:19, 20:10, 20:14, 20:15, 23:6, 23:24, 30:2, 30:21, 33:13, 33:16, 35:9, 35:25, 36:25, 46:22, 56:3, 56:7, 56:8, 58:11, 59:23, 60:30, 64:24, 67:24, 68:5, 69:7, 70:6, 71:2, 71:15, 72:20,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

6

83:16, 83:19, 83:21, 84:15, 86:4, 86:9, 96:23, 102:6, 102:24, 103:6, 103:12, 107:24

involved" [1] - 70:15involvement [6] - 20:24,

21:1, 21:4, 22:18, 32:5, 63:17

involves [1] - 36:26involving [3] - 68:14,

69:2, 70:1IRA [60] - 8:23, 9:13,

14:11, 14:17, 15:8, 16:17, 19:8, 19:30, 20:22, 22:6, 23:12, 25:1, 30:21, 59:3, 59:5, 60:30, 64:11, 66:6, 66:17, 78:12, 78:17, 80:4, 81:22, 83:12, 83:17, 84:17, 84:18, 85:21, 87:7, 87:9, 87:12, 87:23, 88:16, 88:24, 88:27, 89:1, 89:29, 90:2, 90:25, 90:28, 91:18, 92:1, 96:9, 97:12, 99:3, 99:9, 99:19, 99:24, 99:25, 100:29, 101:12, 101:22, 102:15, 104:1, 106:6, 106:8, 106:23, 107:7, 107:10, 109:25

IRA's [1] - 8:6Ireland [18] - 6:8, 6:24,

7:14, 9:28, 13:13, 26:22, 27:16, 35:18, 43:23, 74:29, 88:26, 88:27, 90:30, 96:16, 101:25, 103:7, 108:20, 109:28

Irish [8] - 9:23, 9:29, 30:19, 60:16, 90:30, 100:15, 100:16

Island [1] - 99:19issue [2] - 24:9, 57:13issued [1] - 104:24issues [3] - 52:3, 57:6,

69:15it'll [1] - 98:25Italian [1] - 101:9item [1] - 49:9items [3] - 32:23, 41:28,

43:26Ivan [1] - 30:2

Jjail [1] - 99:14jailed [1] - 88:16James [5] - 66:22, 67:19,

67:20, 82:19January [5] - 111:3,

111:9, 111:11, 111:13, 111:20

JANUARY [1] - 112:13jar [5] - 40:6, 40:29, 42:2,

42:4jars [1] - 43:26Jarvis [1] - 99:11

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Jeffrey [1] - 69:14Jim [1] - 30:1job [13] - 22:15, 22:25,

23:13, 28:25, 28:28, 31:2, 36:12, 48:22, 91:2, 91:19, 96:10

jobs [1] - 91:1Joe [19] - 21:13, 21:16,

21:18, 21:28, 22:12, 22:22, 63:25, 64:10, 68:17, 87:27, 88:7, 95:22, 96:3, 96:29, 97:7, 98:29

Joe's [1] - 21:14John [15] - 21:13, 21:14,

21:16, 21:18, 21:27, 21:28, 22:12, 22:22, 63:25, 64:10, 68:17, 87:27, 88:7

John-Joe [1] - 88:7joined [4] - 83:6, 84:7,

84:11, 84:26joint [1] - 26:20Jones [2] - 27:27, 27:28Joseph [12] - 65:1, 77:4,

80:13, 80:17, 81:18, 81:19, 84:2, 84:28, 85:21, 89:9, 103:30, 104:10

Joseph's [1] - 81:21journalist [9] - 13:11,

13:15, 13:18, 13:19, 29:26, 29:29, 44:28, 44:29, 108:7

joy [1] - 90:8Judge [4] - 13:5, 13:21,

14:16, 25:10July [2] - 4:29, 50:7June [4] - 61:25, 95:28,

95:30, 96:13jurisdiction [1] - 75:5Justice [1] - 26:13

KKarl [1] - 90:15Keeley [29] - 34:4, 34:13,

41:29, 44:6, 48:13, 50:4, 53:5, 55:17, 55:18, 55:25, 59:8, 61:19, 61:22, 64:13, 64:28, 65:6, 69:6, 71:4, 72:16, 72:17, 76:20, 82:24, 83:1, 85:4, 86:22, 97:10, 102:27, 105:2, 105:7

keeley [1] - 82:5keen [1] - 35:13keep [3] - 18:7, 18:8, 47:9Kelly [1] - 76:22kept [2] - 18:10, 19:27KEVIN [1] - 1:10Kevin [5] - 39:19, 43:24,

51:30, 57:14, 94:13key [4] - 9:4, 28:22,

85:19, 86:30Kilkeel [1] - 82:21kill [7] - 23:16, 54:12,

55:21, 68:24, 81:22, 90:3, 106:10

killed [4] - 4:29, 12:18, 97:21, 99:25

kilo [1] - 99:9kitchen [2] - 82:3, 82:9knife" [1] - 63:4Knife' [2] - 35:29, 36:1Knife'" [1] - 35:28Knocknagoney [1] - 18:3knots [1] - 41:1know.. [1] - 27:19knowing [2] - 61:13,

61:16knowledge [4] - 15:11,

21:7, 27:15, 104:4known [4] - 80:5, 94:4,

109:18, 109:25knows [2] - 48:11, 89:23kudos [1] - 66:4

Llabourer [1] - 97:8LAFFERTY [1] - 74:6laid [1] - 20:6last [3] - 56:20, 96:23,

97:7late [1] - 72:10lately [1] - 50:6laterally [1] - 71:9latest [1] - 96:30latitude [2] - 55:28, 57:2laughing [1] - 90:20launched [1] - 43:21LAVERTY [11] - 55:4,

71:24, 72:28, 73:4, 107:15, 107:17, 110:22, 111:2, 111:11, 111:16, 112:9

Laverty [5] - 1:4, 57:21, 72:25, 107:13, 110:20

law [2] - 50:26, 98:29lawful [1] - 70:11lawyer [2] - 28:20, 28:30lawyers [1] - 72:29lead [1] - 24:11leading [1] - 44:11learned [3] - 85:20,

85:21, 100:28learnt [2] - 14:4, 14:6lease [1] - 97:6least [3] - 4:22, 25:25,

69:15leave [4] - 22:4, 24:17,

68:8, 109:10led [1] - 93:16left [3] - 35:18, 79:5,

79:16left-hand [2] - 79:5, 79:16legal [16] - 1:6, 35:24,

41:14, 45:15, 45:16, 45:17, 46:7, 48:24, 52:12, 54:29, 55:7, 66:29, 67:11, 68:25, 72:16, 111:28

Leonardo [2] - 46:17, 46:18

less [1] - 56:18letter [8] - 31:23, 49:25,

50:2, 54:13, 61:5, 61:9, 106:23, 106:26

letter-heads [1] - 31:23level [1] - 12:7liable [1] - 41:8liar [1] - 105:7libel [1] - 32:9libelled [1] - 47:13lie [3] - 51:6, 94:23, 94:24lied [1] - 93:7lies [1] - 97:6life [13] - 43:1, 43:6, 45:4,

45:29, 45:30, 46:3, 47:2, 47:10, 62:25, 67:5, 83:8, 83:11, 96:24

life's [1] - 28:23lifetime [1] - 28:29light [3] - 29:19, 99:27,

99:29lights [8] - 38:18, 38:19,

38:26, 40:4, 40:12, 40:13, 41:20, 41:28

likely [4] - 25:20, 70:6, 71:26, 71:28

limelight [2] - 71:7, 71:8Limerick [1] - 100:17limited [2] - 72:19, 74:15line [3] - 27:19, 44:18,

58:20lines [1] - 28:23lining [1] - 56:19liquor [1] - 18:28liquors [1] - 102:10Lisburn [1] - 2:24list [5] - 10:13, 10:14,

10:15, 17:21, 87:30listen [5] - 15:13, 15:19,

15:20, 92:8, 92:9listening [5] - 16:4,

17:10, 17:24, 18:21, 19:2

literally [1] - 56:18live [5] - 20:2, 42:21,

42:30, 48:11, 63:8lives [3] - 35:10, 98:1,

98:6living [11] - 13:12, 21:14,

22:12, 35:23, 42:29, 43:14, 43:17, 48:12, 65:3, 75:4, 105:16

location [1] - 98:17Lock [1] - 8:18locked [5] - 76:6, 76:7,

76:9, 76:11, 76:16log [1] - 9:2logical [1] - 20:3logistical [1] - 72:9logistically [1] - 72:7London [14] - 2:20, 2:28,

3:25, 5:18, 6:2, 6:11, 6:22, 9:20, 16:15, 31:9, 37:4, 37:10, 102:22, 102:30

look [10] - 13:5, 14:10, 22:22, 22:23, 33:10, 44:1, 80:16, 86:24,

96:15, 109:16looked [4] - 22:3, 24:12,

44:5, 94:6looking [5] - 22:22, 29:7,

31:20, 35:7, 104:2loss [2] - 83:8, 83:11loyalist [1] - 96:4loyalists [2] - 97:3, 97:9lucky [1] - 32:11Luke [3] - 37:30, 39:11,

41:6lunch [1] - 82:10LUNCH [2] - 73:11, 74:1lunchtime [1] - 80:20lying [2] - 106:3, 106:4

Mma'am [4] - 108:10,

108:16, 110:5, 110:13machine [2] - 10:8, 87:14madam [31] - 77:28, 78:1,

78:5, 78:18, 78:27, 79:2, 79:27, 80:10, 80:14, 81:1, 81:17, 81:29, 82:7, 82:28, 83:2, 83:18, 83:21, 83:25, 84:6, 84:18, 84:21, 85:6, 85:8, 85:13, 85:15, 85:17, 85:21, 85:26, 86:7, 86:10, 86:17

Mafia [1] - 101:9magazine [1] - 27:24Magee [4] - 21:13, 64:10,

87:28Magellan [1] - 8:15magnets [1] - 82:11Maguire [1] - 66:22mail [2] - 50:29, 61:5mailed [1] - 50:7mails [1] - 46:26main [9] - 11:29, 11:30,

12:6, 76:29, 79:10, 79:14, 79:21, 79:30, 80:1

maintain [1] - 35:13Majesty's [2] - 103:10,

103:15major [5] - 5:1, 5:14,

12:15, 66:5, 66:16maker [1] - 82:23Man [1] - 90:12man [26] - 16:14, 16:29,

20:28, 21:26, 30:28, 53:12, 62:17, 63:9, 63:29, 68:24, 80:4, 87:18, 87:20, 89:3, 89:4, 89:9, 89:11, 90:28, 91:4, 93:8, 96:28, 96:29, 98:28, 98:30, 99:17, 99:21

man's [1] - 65:10map [1] - 9:18March [3] - 2:14, 42:18,

80:11Margaret [5] - 53:5,

55:17, 55:18, 65:6

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

7

mark [3] - 6:10, 11:30, 16:30

marked [1] - 18:2market [2] - 104:11,

104:25Marks [2] - 99:11, 99:12Marotta [4] - 16:15,

16:18, 101:10, 102:19married [1] - 101:20Martial [1] - 106:30Martin [5] - 27:12, 27:13,

27:14, 34:6Martindale [2] - 23:11,

59:6matter [14] - 3:21, 54:29,

56:29, 57:5, 64:3, 68:8, 68:11, 71:15, 74:22, 75:20, 100:9, 108:11, 109:29

matters [8] - 32:25, 41:30, 42:1, 55:11, 56:3, 74:18, 76:25, 107:17

Mayfair [1] - 38:1McDonald [2] - 107:19,

107:30McGuinness [2] - 111:27,

112:2McMurray [4] - 7:21,

93:16, 94:9, 99:25mean [50] - 10:3, 11:12,

13:11, 15:2, 15:3, 15:20, 15:30, 17:15, 19:4, 19:5, 23:13, 24:23, 24:28, 24:29, 25:20, 25:21, 25:29, 28:11, 29:17, 31:24, 33:23, 34:27, 35:7, 36:21, 37:15, 39:25, 42:5, 43:5, 43:20, 44:16, 45:9, 45:29, 47:10, 47:28, 47:30, 51:1, 51:11, 53:12, 54:1, 58:10, 63:29, 67:1, 69:19, 74:26, 77:2, 79:24, 84:17, 88:14, 89:22, 106:7

mean.. [1] - 79:20means [3] - 15:23, 15:25,

99:28meant [2] - 10:28, 14:24measured [3] - 79:22,

98:23, 98:24measures [1] - 100:3media [3] - 27:23, 27:26,

38:5Meet [1] - 26:26meet [8] - 2:27, 21:28,

26:23, 26:30, 64:2, 64:3, 94:17, 94:19

meeting [13] - 6:2, 6:6, 6:11, 6:21, 7:1, 8:5, 9:20, 10:30, 26:10, 26:12, 32:6, 78:21, 88:25

meetings [4] - 6:27, 10:28, 30:28, 64:23

melt [1] - 47:27

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member [2] - 57:26, 104:1

members [5] - 1:6, 6:3, 80:28, 81:11, 81:22

men [4] - 10:19, 20:4, 89:1, 92:2

mention [13] - 16:8, 50:19, 65:6, 66:19, 66:28, 67:14, 67:23, 67:29, 68:2, 69:1, 70:6, 71:2

mentioned [16] - 16:4, 26:30, 53:25, 55:12, 62:17, 66:21, 66:30, 67:25, 69:8, 69:27, 70:18, 70:20, 70:25, 83:16, 110:3

mentioning [1] - 70:5mentor [1] - 85:20merchant [1] - 82:22mercury [2] - 82:14,

82:18merely [1] - 57:21messages [1] - 15:19met [15] - 8:17, 13:25,

21:10, 26:24, 26:28, 31:1, 31:12, 66:5, 84:30, 94:25, 95:2, 95:5, 95:6, 95:8, 95:9

metres [1] - 9:23Metropolitan [2] - 42:6,

102:22MI5 [25] - 2:18, 5:14, 5:24,

6:3, 6:23, 6:25, 6:26, 7:28, 8:4, 8:21, 10:11, 10:21, 11:11, 11:14, 11:20, 11:22, 12:13, 85:11, 85:12, 92:12, 92:15, 94:14, 98:19, 103:20

Michael [2] - 44:29, 44:30Mickey [13] - 65:1, 81:5,

81:7, 90:24, 90:27, 90:28, 91:1, 91:2, 91:7, 91:15, 91:17, 92:1, 92:5

Mickey's [3] - 21:19, 81:9, 91:10

mid [1] - 80:21mid-morning [1] - 80:21middle [1] - 24:15might [18] - 1:15, 19:17,

20:10, 20:12, 29:16, 29:26, 39:2, 39:3, 39:8, 43:30, 49:12, 49:26, 50:25, 56:14, 64:27, 72:2, 76:6, 111:22

mile [1] - 91:13mileage [3] - 9:1, 9:6,

105:12Military [2] - 2:23, 2:27military [9] - 3:11, 4:17,

5:26, 6:3, 11:5, 11:10, 12:13, 20:5, 92:12

milk [4] - 29:25, 30:3, 30:25, 32:4

million [4] - 25:1, 25:3, 30:2, 100:26

Mills [2] - 106:5, 106:15

MILLS [1] - 106:18mind [4] - 25:21, 48:2,

50:6, 68:15minders [6] - 1:25, 1:28,

1:29, 2:16, 2:17, 3:28minders' [1] - 2:5Minister [1] - 31:3Ministry [1] - 55:20minute [2] - 12:20, 74:15minutes [1] - 56:18Mirror [3] - 42:18, 43:19,

44:2misinformation [1] -

110:12misleading [2] - 52:1,

52:3missed [1] - 96:5missing [3] - 19:1, 25:8,

104:17mix [2] - 8:8, 32:24mixes [1] - 7:16mixing [3] - 82:24, 86:6,

86:11moderate [1] - 34:22Molloy [1] - 108:22moment [8] - 6:13, 15:6,

35:26, 41:16, 42:22, 48:24, 51:21, 92:28

moments [1] - 96:23Monday [3] - 111:17,

111:19, 111:20MONDAY [1] - 112:12money [9] - 48:14, 48:17,

51:6, 85:4, 85:7, 85:8, 91:6, 103:14

monotonous [1] - 8:12month [2] - 34:22, 95:30months [1] - 5:8Mooch' [1] - 80:23Mooch's [1] - 21:18Morgan [5] - 66:22,

67:19, 67:20, 82:19, 82:20

morning [11] - 1:13, 1:14, 14:29, 34:5, 34:8, 51:4, 63:17, 80:20, 80:21, 88:4, 99:18

mortar [2] - 98:14, 98:22mortars [2] - 98:14, 98:15most [5] - 23:2, 67:27,

80:16, 80:17, 97:29mostly [2] - 88:22, 91:23mother [1] - 53:24motivation [1] - 49:16mountain [6] - 8:5, 9:3,

9:5, 9:8, 9:24, 9:25mountains [2] - 8:2, 8:4mounted [1] - 8:29move [5] - 43:6, 89:5,

92:22, 94:7, 98:25moved [8] - 12:23, 64:9,

64:10, 65:3, 90:30, 98:16, 99:25, 110:30

movements [1] - 83:24MR [56] - 1:8, 1:10, 1:13,

6:2, 7:12, 17:5, 33:28, 34:2, 34:4, 55:15, 56:2, 56:11, 56:17, 56:23,

56:29, 57:13, 57:17, 57:25, 58:2, 58:6, 58:13, 58:18, 58:22, 59:14, 59:20, 59:25, 60:2, 61:8, 62:2, 62:6, 64:13, 64:21, 64:27, 65:10, 65:17, 65:22, 71:20, 72:5, 72:15, 73:9, 74:9, 74:22, 75:8, 75:19, 76:1, 76:5, 76:11, 86:22, 86:28, 86:30, 97:27, 106:18, 106:20, 107:11, 111:27, 112:2

MRS [12] - 55:4, 71:24, 72:28, 73:4, 74:6, 107:15, 107:17, 110:22, 111:2, 111:11, 111:16, 112:9

MS [5] - 57:8, 71:28, 76:16, 76:18, 76:20

Muirhevnamor [1] - 80:13multi [1] - 30:2multi-million [1] - 30:2MULVENNA [5] - 57:8,

71:28, 76:16, 76:18, 76:20

mummy [1] - 90:18murder [11] - 4:6, 4:23,

7:21, 64:29, 89:10, 90:9, 90:30, 93:16, 94:10, 94:14, 97:2

murdered [5] - 52:7, 89:27, 96:1, 96:17, 96:19

murders [8] - 2:13, 3:7, 19:12, 80:11, 89:13, 90:5, 91:22, 107:24

Murphy [3] - 87:22, 88:30, 89:1

Murphy's [2] - 87:18, 87:20

must [11] - 13:12, 31:15, 38:6, 38:7, 38:8, 59:12, 59:17, 65:15, 67:10, 70:23, 100:2

mustn't [1] - 68:3mutual [1] - 27:7

Nnails [1] - 43:26name [35] - 9:21, 11:25,

11:26, 11:27, 13:18, 13:19, 13:20, 16:26, 16:30, 26:22, 30:17, 30:29, 31:7, 32:7, 34:6, 36:7, 36:15, 36:17, 36:20, 43:23, 66:6, 66:16, 66:22, 79:11, 86:22, 90:15, 92:29, 94:27, 94:30, 95:1, 95:2, 100:30, 101:1, 101:2, 105:28

named [7] - 6:15, 8:20, 16:29, 56:2, 64:24, 67:9, 96:9

names [30] - 1:27, 2:5, 2:6, 3:12, 3:13, 4:9,

4:12, 4:19, 4:27, 5:17, 5:20, 5:21, 5:24, 7:27, 11:28, 16:19, 16:22, 27:1, 30:4, 30:6, 65:1, 66:21, 67:1, 67:8, 67:9, 70:14, 83:16, 101:11, 101:12, 101:14

naming [4] - 67:7, 70:8, 70:10, 71:9

Narrow [3] - 1:22, 83:1, 83:7

nature [1] - 45:16Navan [1] - 85:28near [2] - 9:26, 74:23need [13] - 4:23, 11:4,

19:26, 33:4, 52:29, 53:2, 54:30, 56:26, 61:20, 61:21, 75:12, 75:22, 98:4

need-to-know [1] - 19:26needed [6] - 19:26, 25:6,

35:23, 60:22, 60:26, 73:7

needing [1] - 93:11needs [2] - 36:12, 75:13Neil [1] - 86:22Nescafe [1] - 40:29networks [1] - 15:13never [34] - 5:9, 6:7,

10:16, 10:18, 18:24, 25:21, 25:29, 34:26, 41:5, 45:26, 49:3, 51:28, 53:25, 62:17, 66:29, 69:9, 69:20, 69:27, 70:18, 70:25, 78:2, 79:1, 79:22, 79:24, 80:9, 81:13, 81:30, 83:23, 92:19, 92:20, 102:3, 107:27, 108:10, 108:23

new [14] - 4:2, 5:9, 5:10, 7:15, 7:16, 15:15, 82:2, 88:4, 88:5, 94:15, 99:23, 100:3, 111:25, 111:30

Newry [18] - 8:18, 15:9, 30:16, 31:18, 31:23, 32:6, 84:18, 89:9, 89:12, 89:15, 90:7, 90:20, 90:28, 91:28, 93:4, 93:5, 98:9, 99:4

News [1] - 49:6news [3] - 23:12, 91:11,

91:26Newshound [1] - 96:2Newshound' [1] - 95:27newspaper [10] - 25:30,

26:21, 47:10, 49:3, 49:28, 94:12, 96:8, 97:5, 99:18, 104:29

newspapers [7] - 35:25, 53:18, 53:19, 83:15, 85:5, 85:9, 99:18

next [9] - 2:12, 3:18, 9:28, 82:20, 88:4, 95:14, 111:2, 111:6, 111:8

nickname [2] - 90:24, 91:29

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

8

night [4] - 88:3, 88:6, 97:7, 99:28

nine [1] - 48:22nine-to-five [1] - 48:22nineties [1] - 21:24nobody [2] - 48:11,

110:18none [1] - 102:28nonsense [2] - 42:8,

47:11north [3] - 10:4, 15:10,

20:1North [7] - 24:27, 24:28,

32:18, 49:6, 65:3, 100:16, 109:24

Northern [14] - 6:8, 6:24, 9:28, 26:21, 27:16, 35:18, 43:23, 74:29, 88:26, 90:30, 101:25, 103:7, 109:28

note [3] - 6:10, 16:25, 88:3

nothing [30] - 14:23, 14:24, 19:5, 20:29, 23:3, 27:11, 27:18, 41:24, 45:17, 46:9, 48:15, 53:29, 53:30, 54:11, 54:14, 54:29, 55:16, 58:22, 58:24, 58:27, 60:12, 61:13, 61:16, 62:10, 63:12, 64:15, 80:7, 85:25, 103:21

notice [1] - 72:25notified [2] - 72:19, 72:29notoriety [1] - 39:27notorious [4] - 39:19,

39:24, 39:25November [2] - 32:9, 38:1nuisance [1] - 81:12number [16] - 13:3, 20:17,

23:5, 24:6, 29:10, 33:6, 60:11, 67:3, 86:30, 89:16, 89:25, 92:25, 98:14, 106:14, 107:1, 107:2

OO'CALLAGHAN [1] -

112:2O'Callaghan [7] - 14:15,

76:30, 87:4, 87:13, 88:15, 89:3, 95:15

O'Callaghan's [4] - 79:11, 79:15, 79:24, 92:23

o'clock [5] - 72:2, 76:8, 111:3, 111:9, 111:13

O'Neill [5] - 107:5, 107:6, 107:7, 107:8, 107:9

o'ROURKE [1] - 34:2O'ROURKE [24] - 34:4,

56:2, 56:11, 56:17, 56:29, 57:17, 57:25, 58:2, 58:6, 58:13, 58:18, 58:22, 59:14, 59:20, 59:25, 60:2,

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61:8, 62:2, 62:6, 64:21, 65:10, 65:17, 65:22, 71:20

O'Rourke [6] - 34:6, 59:17, 64:19, 65:8, 65:19, 67:7

O'Rourke's [2] - 55:13, 55:19

O'Rourke.. [1] - 55:30object [1] - 64:14objected [1] - 45:12objection [1] - 72:12objective [1] - 35:21obliged [1] - 73:9obvious [1] - 24:19obviously [2] - 72:22,

104:12OC [5] - 20:30, 84:18,

85:19, 89:11, 89:15occasion [2] - 2:8, 2:12occasionally [1] - 19:25occasions [7] - 13:4,

22:5, 52:8, 67:3, 89:25, 90:6, 109:23

occur [1] - 67:17occurred [3] - 67:16,

69:11, 70:2occurs [1] - 111:21October [1] - 54:19OF [2] - 1:1, 112:12offhand [2] - 46:30, 47:7Office [1] - 91:5office [1] - 88:26officer [9] - 23:16, 54:13,

59:6, 81:8, 89:15, 95:7, 96:9, 99:1, 104:21

Officer [2] - 17:19, 104:19officers [11] - 6:16, 7:1,

8:20, 11:13, 14:18, 17:19, 20:2, 64:29, 92:21, 93:28, 97:30

offices [1] - 44:30official [3] - 14:27,

104:18, 107:9often [1] - 46:25OK [8] - 77:16, 78:15,

78:19, 78:20, 79:30, 80:26, 82:29, 83:13

old [1] - 15:19Oliver [17] - 4:7, 4:24,

4:29, 65:11, 67:15, 69:1, 69:7, 69:25, 70:1, 70:18, 71:1, 71:15, 78:25, 85:14, 95:30, 96:17, 97:21

Oliver's [1] - 96:23Omagh [7] - 23:28, 23:30,

24:5, 33:11, 86:1, 86:2, 86:3

Ombudsman [8] - 33:10, 33:17, 52:1, 93:15, 93:20, 94:3, 94:5

Ombudsman's [3] - 51:8, 51:12, 93:17

Omeath [9] - 3:19, 4:5, 4:6, 4:13, 4:14, 4:23, 8:19, 20:21, 108:12

ON [1] - 1:1

once [3] - 33:24, 34:21, 108:19

one [73] - 5:8, 5:22, 6:14, 9:15, 9:27, 9:28, 11:15, 11:30, 12:17, 15:14, 16:16, 17:20, 17:21, 17:24, 18:22, 20:7, 21:13, 22:30, 23:9, 23:10, 23:19, 27:24, 29:4, 30:26, 30:28, 31:2, 31:3, 31:8, 32:27, 33:19, 34:21, 36:24, 46:26, 47:9, 47:10, 51:14, 52:24, 54:26, 60:8, 60:11, 60:20, 63:28, 67:4, 67:28, 67:30, 69:15, 71:24, 74:16, 82:9, 82:15, 83:7, 83:9, 85:2, 85:19, 88:15, 88:16, 88:25, 89:1, 91:2, 92:28, 94:25, 97:11, 100:8, 100:17, 100:18, 101:28, 102:13, 104:24, 107:30, 109:5, 109:7, 110:1

one's [1] - 47:9ones [1] - 15:27onwards [1] - 24:10opened [2] - 96:4, 96:7opening [1] - 9:9operated [1] - 103:7operating [1] - 6:24operation [16] - 14:24,

15:1, 17:23, 18:1, 18:23, 18:24, 19:28, 20:5, 20:6, 22:18, 25:4, 25:16, 54:12, 92:6, 92:7, 103:12

operations [10] - 7:9, 22:10, 33:13, 33:16, 89:24, 89:26, 92:2, 92:3, 92:4, 92:10

opportunity [4] - 2:7, 25:22, 29:16, 29:18

options [2] - 33:19, 33:26orchestrated [1] - 61:23order [3] - 75:25, 107:1,

107:2ordinary [3] - 8:16, 32:26,

50:25organisation [1] - 60:17outline [1] - 88:19outs [2] - 58:28, 58:29outside [3] - 8:17, 76:16,

91:12overrule [1] - 57:1overrun [1] - 89:30overshoot [1] - 98:26overstate [3] - 34:23,

34:26, 34:28Owen [5] - 76:24, 76:29,

105:11, 106:1, 106:3own [25] - 3:26, 10:1,

10:23, 10:28, 11:9, 16:3, 17:9, 18:11, 18:19, 19:24, 34:23, 35:26, 36:12, 42:14, 42:15, 42:17, 47:9,

49:10, 54:1, 54:2, 54:7, 82:9, 93:28, 108:2, 111:27

owner [1] - 50:9owns [1] - 49:9

Ppack [2] - 25:7, 82:19package [3] - 48:23,

52:18page [6] - 64:30, 65:29,

66:11, 66:15, 95:23, 110:9

pages [1] - 67:5paid [7] - 11:5, 48:18,

85:10, 85:11, 96:11, 103:17, 105:14

paint [1] - 38:23painting [1] - 38:11paper [7] - 22:17, 26:1,

26:25, 88:5, 94:28, 97:14, 105:6

papers [4] - 85:9, 88:1, 88:6, 97:12

parallel [1] - 56:4paramilitaries [1] - 97:3pardon [3] - 77:21,

105:24, 111:20Paris [2] - 95:16, 97:7park [4] - 9:7, 76:27, 79:6,

98:21part [14] - 8:12, 9:5, 9:27,

10:19, 27:29, 33:11, 40:24, 40:26, 82:12, 92:8, 97:12, 101:30, 102:2, 107:1

participated [1] - 109:22participating [1] - 103:9Participating [1] - 101:29particular [4] - 5:22,

32:20, 68:22, 91:2particularly [1] - 24:2partner [1] - 16:29parts [1] - 28:14party [2] - 32:20, 32:21pass [2] - 33:21, 33:22passed [8] - 1:23, 2:9,

9:22, 31:4, 78:11, 78:16, 92:14, 104:22

passing [3] - 64:30, 96:4, 103:28

past [5] - 2:4, 14:21, 55:8, 61:25

Patrick [18] - 65:1, 77:3, 78:5, 79:11, 79:15, 79:23, 80:13, 80:17, 81:18, 81:19, 81:21, 84:2, 84:28, 85:21, 89:9, 99:4, 103:30, 104:10

Patsy [4] - 76:29, 87:4, 88:24, 89:3

pattern [1] - 24:17patterns [2] - 24:16,

24:18pause [1] - 95:29pay [3] - 52:19, 103:22,

103:23pen [1] - 22:17penalty [1] - 107:3pension [4] - 27:13,

27:14, 28:30, 48:25people [116] - 2:19, 4:12,

4:21, 5:18, 5:21, 5:24, 5:26, 5:28, 6:15, 6:27, 7:29, 8:21, 9:20, 10:4, 10:12, 10:14, 10:15, 10:22, 10:27, 10:29, 11:1, 11:12, 11:20, 11:22, 11:28, 12:6, 12:10, 12:11, 13:12, 16:16, 16:18, 16:20, 17:21, 17:22, 18:27, 19:25, 21:30, 22:14, 23:2, 23:14, 24:14, 25:23, 25:24, 27:1, 27:2, 27:12, 27:15, 29:20, 30:12, 30:19, 30:21, 31:1, 31:5, 31:13, 38:23, 40:3, 41:1, 43:16, 44:18, 45:2, 45:6, 45:29, 49:16, 49:17, 49:18, 49:21, 49:29, 54:24, 54:29, 55:5, 56:19, 63:26, 64:11, 65:4, 66:7, 66:16, 66:24, 66:26, 66:29, 67:28, 70:6, 70:8, 70:10, 80:6, 84:17, 84:21, 85:19, 87:29, 89:26, 90:3, 92:4, 92:17, 95:9, 97:28, 100:3, 100:14, 100:19, 100:29, 100:30, 101:3, 101:21, 101:22, 101:26, 101:28, 102:8, 102:15, 102:23, 102:24, 102:25, 103:13, 109:16, 109:18, 109:22

people's [6] - 17:10, 18:22, 35:10, 39:9, 67:1, 87:26

percent [1] - 95:10perhaps [3] - 47:15,

56:14, 71:28period [7] - 19:1, 21:20,

21:22, 23:25, 43:3, 111:14, 111:21

permanently [1] - 64:10person [33] - 5:9, 5:22,

10:11, 11:29, 12:6, 12:10, 13:16, 13:20, 13:25, 21:26, 22:24, 26:25, 30:15, 30:21, 31:17, 39:13, 42:29, 49:9, 50:25, 51:5, 54:1, 56:20, 60:27, 80:3, 81:7, 81:20, 82:13, 87:19, 88:25, 89:10, 90:24, 95:2, 101:9

person's [1] - 30:16personal [4] - 10:23,

11:9, 18:11, 55:23personality [2] - 89:17,

100:7

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

9

personally [3] - 8:22, 12:17, 94:4

personnel [3] - 7:29, 83:9, 83:12

Peter [1] - 97:9Pfizer [3] - 25:13, 104:17,

104:23phone [6] - 14:30, 17:20,

28:10, 28:23, 101:24, 101:27

phoned [2] - 28:10phoning [1] - 28:8photograph [13] - 40:15,

40:16, 41:10, 41:13, 48:27, 49:1, 49:2, 49:4, 49:8, 49:20, 50:24, 51:4

photograph" [1] - 50:10photographing [1] - 42:2photographs [1] - 40:6photography [1] - 38:12phrase [1] - 33:14PI [2] - 101:29, 102:20pick [3] - 21:16, 21:18,

37:1picked [1] - 20:30picture [4] - 12:13, 12:16,

49:20, 87:3piece [8] - 37:17, 39:6,

41:27, 82:14, 88:5, 94:28, 96:1, 96:26

pieces [1] - 40:21pinpointing [2] - 11:20pint [3] - 34:21, 64:1, 64:2pints [2] - 34:21, 63:24pipe [2] - 40:22, 40:23pistol [1] - 90:2place [10] - 6:28, 8:2, 8:3,

19:18, 78:21, 80:5, 87:11, 101:6, 102:21, 109:2

places [3] - 9:3, 19:2, 27:2

plaintiff [2] - 62:2, 62:6planned [7] - 17:11, 20:6,

20:12, 98:9, 99:3, 99:5, 111:7

planning [1] - 81:22plastic [1] - 82:15play [1] - 46:19players [3] - 66:5, 66:16,

109:25pleases [1] - 75:19pleasure [1] - 90:19plus [1] - 88:14point [6] - 9:1, 56:15,

67:7, 76:29, 95:14, 98:25

pointing [1] - 66:27points [2] - 9:4, 82:17police [32] - 12:9, 15:15,

15:20, 15:23, 16:6, 16:8, 17:9, 17:25, 17:28, 17:30, 19:5, 23:13, 24:8, 25:4, 25:5, 25:11, 49:5, 49:7, 49:29, 52:1, 54:13, 59:6, 60:12, 64:29, 90:4, 90:9, 90:16,

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90:20, 91:5, 94:17, 94:19, 109:14

Police [3] - 42:6, 90:7, 102:22

policeman [4] - 89:11, 91:9, 91:10, 92:17

policemen [3] - 90:10, 90:13, 91:8

politics [1] - 31:2Pollen [1] - 38:1polygraph [1] - 87:15portion [3] - 51:29, 94:7,

95:16position [12] - 1:27, 4:21,

5:17, 10:7, 14:7, 18:6, 20:9, 20:27, 27:5, 33:1, 91:15, 93:1

positive [1] - 95:5possession [2] - 4:22,

15:5possible [4] - 6:28, 6:30,

20:4, 108:7possibly [2] - 88:8,

109:24Post [1] - 91:5posted [1] - 97:4postman [2] - 91:4, 91:5pounds [1] - 105:10powder [2] - 30:25, 32:4practice [2] - 42:14, 42:16precisely [1] - 26:17presence [2] - 17:9, 17:18present [8] - 55:9, 57:6,

61:12, 63:28, 77:8, 77:24, 78:6, 78:29

presented [1] - 51:4preserve [4] - 47:3, 47:5,

47:14, 48:3press [5] - 35:27, 36:1,

36:3, 37:1, 39:28presume [1] - 109:21pretty [1] - 25:3prevent [1] - 100:3price [4] - 49:10, 104:10,

106:11primarily [1] - 109:11printed [1] - 29:27printer [1] - 31:23prison [12] - 1:17, 65:22,

65:23, 65:24, 66:3, 66:4, 84:12, 84:19, 84:20, 84:23, 84:30, 85:1

prisoner [1] - 80:3private [1] - 84:4privy [1] - 104:14problem [5] - 13:17,

16:21, 44:19, 44:20, 44:21

problems [1] - 53:27proceed [1] - 66:6proceeded [1] - 82:16proceedings [7] - 56:4,

56:8, 60:14, 62:27, 68:25, 72:18, 72:21

process [1] - 35:25programme [4] - 27:27,

28:4, 28:8, 28:15

progress [1] - 75:1projectile [1] - 98:24promised [1] - 48:25promote [5] - 44:9, 44:14,

44:16, 44:22, 63:10promoting [2] - 43:22,

44:23properly [2] - 28:19,

64:16property [1] - 50:15proposal [1] - 111:5proposing [1] - 76:5propulsion [1] - 98:23prosperous [1] - 112:5protected [2] - 24:14,

24:27protection [2] - 18:11,

18:19protracted [1] - 23:25proud [1] - 89:22provide [4] - 4:8, 16:19,

29:24, 30:8provided [5] - 13:6,

30:10, 76:24, 76:26, 78:2

Provisional [6] - 16:17, 59:3, 60:30, 78:12, 78:17, 83:17

pseudonym [3] - 5:22, 66:20, 107:7

PSNI [1] - 81:11psychiatric [1] - 34:14psychologist [2] - 34:16,

93:11psychopath [1] - 90:23pub [5] - 9:12, 78:28,

80:27, 80:30, 85:28public [10] - 17:20, 27:20,

35:13, 43:28, 43:30, 44:4, 50:25, 59:6, 90:9, 100:9

publication [1] - 38:5publicise [1] - 44:9publicity [1] - 63:10published [8] - 23:12,

48:4, 48:5, 48:8, 48:10, 94:13, 107:19, 108:4

pulled [3] - 8:19, 79:6, 91:6

pump [1] - 9:13purchase [1] - 100:1purchased [1] - 87:12purportedly [1] - 108:4purpose [2] - 64:17,

103:11purposes [1] - 36:28pursuing [2] - 29:8, 48:23push [1] - 98:24put [36] - 16:29, 17:25,

20:16, 22:16, 32:23, 42:17, 43:8, 70:14, 76:21, 77:27, 78:2, 78:15, 79:1, 79:18, 80:9, 80:26, 81:12, 81:30, 82:3, 82:13, 82:16, 82:17, 84:22, 85:22, 86:15, 95:19, 95:20, 96:22, 98:10,

98:20, 99:7, 103:10, 106:15, 107:8, 107:23

puts [1] - 96:16putting [4] - 27:18, 44:8,

44:18, 105:11

Qquality [1] - 39:21quarter [2] - 72:8, 72:13question-mark [1] -

16:30questioned [4] - 23:1,

77:18, 93:24, 93:25questioning [2] - 65:14,

88:6questions [24] - 1:6,

33:30, 34:9, 55:6, 56:21, 56:26, 57:8, 57:9, 58:10, 59:15, 71:22, 74:4, 76:20, 86:18, 86:20, 86:25, 87:27, 87:29, 87:30, 88:9, 92:25, 96:20, 110:1, 110:19

queue [1] - 56:19quick [1] - 108:11quicker [1] - 7:4quite [13] - 6:14, 20:3,

20:22, 23:24, 42:7, 44:3, 50:27, 55:23, 64:22, 70:21, 72:17, 92:19, 112:7

quizzing [1] - 93:21quote [1] - 51:19quoted [2] - 35:26, 51:13quoting [1] - 107:23

Rradio [5] - 15:16, 15:24,

27:27, 27:28, 28:4radios [3] - 16:1, 38:15,

38:16RAFFERTY [14] - 55:15,

56:23, 57:13, 64:13, 64:27, 72:5, 72:15, 73:9, 86:22, 86:28, 86:30, 97:27, 106:20, 107:11

Rafferty [2] - 57:18, 86:23raise [1] - 104:2rang [1] - 90:4ranging [1] - 55:25rank [1] - 91:15rarely [1] - 13:13rather [1] - 18:7Ravensdale [1] - 20:20RE [1] - 107:15re [1] - 55:26re-examination [1] -

55:26RE-EXAMINED [1] -

107:15read [23] - 18:16, 43:20,

49:25, 51:10, 51:11, 51:12, 51:17, 51:18, 51:20, 51:21, 51:22,

51:23, 51:24, 51:28, 66:10, 77:13, 83:14, 94:8, 95:19, 95:27, 96:26, 108:1

readers [1] - 91:27reading [1] - 66:11reads [1] - 96:1ready [2] - 1:5, 56:25real [5] - 2:5, 5:21, 5:24,

6:15, 68:26Real [2] - 25:1, 104:1real-named [1] - 6:15realise [3] - 2:3, 2:5,

50:26realised [2] - 93:19, 93:25really [22] - 3:1, 13:24,

18:12, 19:9, 19:26, 21:8, 21:20, 26:27, 27:18, 44:23, 47:18, 55:16, 64:14, 64:16, 68:23, 72:1, 72:17, 72:30, 75:22, 77:15, 98:2, 108:28

reason [7] - 13:9, 13:21, 28:27, 62:30, 63:2, 71:16, 75:16

reasonable [1] - 75:25reasons [2] - 52:2, 67:11recede [5] - 35:19, 42:28,

43:4, 43:13, 44:8receded [1] - 35:20receding [1] - 43:5receive [1] - 106:23received [4] - 106:13,

106:14, 106:26, 110:10receiving [3] - 85:4, 85:7,

85:8reckoned [1] - 91:6recognise [1] - 40:16record [12] - 17:30, 18:1,

33:3, 35:8, 49:28, 65:27, 100:9, 101:27, 102:29, 103:2, 103:27, 106:29

recorded [6] - 16:6, 16:8, 16:9, 17:8, 17:17, 18:10

recorder [1] - 101:26recording [1] - 18:6recordings [4] - 17:14,

17:15, 17:16, 17:18records [2] - 33:6, 66:3recounting [1] - 68:13red [1] - 99:9red-handed [1] - 99:9reference [2] - 3:5, 9:18referred [7] - 42:18,

75:15, 81:27, 109:29, 109:30, 110:2, 110:9

regiment [1] - 84:27registered [3] - 30:17,

30:30, 31:18registrar [1] - 106:22relates [1] - 6:2relating [2] - 105:3, 108:8relation [26] - 2:13, 3:6,

12:30, 18:21, 21:5, 23:22, 32:25, 32:29, 74:13, 74:14, 78:21,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

10

79:3, 81:2, 83:28, 83:29, 85:27, 88:19, 89:17, 93:8, 93:14, 95:16, 97:27, 97:28, 103:24

relaxed [1] - 70:16released [3] - 23:3, 59:4,

76:13relevance [4] - 55:7, 57:1,

57:4, 68:22relevant [18] - 2:9, 7:20,

13:6, 14:30, 18:18, 20:18, 32:20, 51:15, 55:11, 56:29, 56:30, 57:27, 65:15, 65:17, 69:29, 69:30

reliable [2] - 69:16, 70:22religion [1] - 53:15remain [1] - 53:10remember [41] - 6:24,

9:19, 15:22, 17:1, 18:10, 22:6, 26:10, 26:18, 27:22, 29:6, 29:10, 33:14, 37:22, 42:21, 42:25, 43:20, 44:3, 45:17, 46:14, 46:15, 46:24, 46:28, 47:7, 50:2, 54:20, 70:27, 71:3, 83:1, 83:2, 84:6, 91:9, 91:11, 93:27, 95:16, 95:18, 96:20, 96:22, 97:20, 108:19

remit [1] - 55:22remorse [2] - 54:23,

60:26repeat [1] - 78:13repeated [1] - 2:18report [5] - 24:1, 51:8,

51:12, 51:27, 51:29reported [1] - 13:14reports [4] - 91:24, 91:25,

91:27represent [1] - 34:6representation [3] -

72:18, 74:15, 75:15representative [2] -

94:25, 94:27reproduced [1] - 97:5Republic [9] - 7:14, 9:23,

9:29, 30:19, 32:2, 91:1, 100:15, 108:20

republican [1] - 80:5require [1] - 75:14required [1] - 74:11rescued [1] - 64:8Research [2] - 26:3,

43:25resolved [2] - 52:23,

52:24respect [1] - 55:6respectfully [2] - 55:23,

55:27respond [1] - 112:9response [1] - 110:1responsible [2] - 81:4,

93:29rest [3] - 26:27, 42:30,

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72:21restricter [1] - 98:20restricters [1] - 98:11result [3] - 24:24, 24:26,

70:23resume [1] - 74:6RESUMED [1] - 1:1retainer [1] - 103:18retired [1] - 99:21returned [2] - 6:4, 91:10returning [1] - 96:3revelled [1] - 91:21rich [2] - 11:14, 81:24right-hand [4] - 87:18,

87:20, 89:3, 89:4Rights [1] - 60:16rights [1] - 37:3ringing [3] - 90:7, 90:9,

90:19rings [1] - 62:15rip [1] - 109:9rise [1] - 72:2riser [1] - 101:1Road [4] - 8:19, 20:20,

20:21, 79:9road [19] - 9:4, 19:30,

20:16, 20:21, 20:23, 22:13, 42:8, 79:6, 79:10, 79:11, 79:14, 79:21, 79:23, 79:30, 80:1

roads [1] - 20:18roadway [1] - 80:1role [6] - 46:19, 87:6,

87:8, 88:12, 88:13, 88:19

rolled [1] - 88:1rolling [1] - 9:7Ronnie [2] - 70:22, 110:2room [4] - 28:11, 39:4,

67:10, 81:9rooms [1] - 22:16Rostrevor [2] - 91:4,

91:14rot [1] - 20:6rotated [1] - 5:12rough [1] - 108:23rubber [1] - 109:8rubbish [1] - 39:3rubbished [1] - 97:3RUC [18] - 5:28, 6:3, 6:15,

6:16, 6:25, 6:28, 8:19, 10:19, 10:29, 15:13, 17:18, 18:4, 64:8, 89:11, 94:14, 98:10, 98:19, 101:25

run [5] - 10:10, 18:25, 91:7, 109:27

rung [2] - 14:17, 20:25running [2] - 2:26, 91:23

Ssafe [1] - 87:11safety [2] - 82:13, 97:1sample [4] - 25:6, 104:9,

104:22sat [1] - 78:24

Saturday [1] - 90:11saved [4] - 35:9, 97:30,

98:6, 98:11saw [2] - 37:3, 47:15saws [1] - 109:1scale [1] - 29:23scam [3] - 29:25, 30:3,

30:22scandalous [1] - 97:6scanners [1] - 15:12Scappaticci [47] - 21:7,

23:8, 23:20, 34:7, 36:7, 36:15, 36:20, 36:21, 36:22, 36:24, 36:25, 55:19, 55:24, 57:14, 58:10, 58:13, 61:1, 61:26, 62:7, 62:12, 62:27, 63:3, 63:13, 63:17, 64:5, 65:3, 65:11, 66:19, 67:9, 67:18, 68:5, 68:14, 68:18, 68:19, 68:20, 68:21, 69:2, 69:12, 69:13, 69:27, 69:28, 70:18, 70:26, 71:9, 71:13, 75:2, 87:27

Scappaticci/'Steak [1] - 36:1

scene [1] - 4:14scientific [1] - 100:2scores [1] - 88:5Scotland [1] - 74:30Scottish [2] - 74:27, 90:1scrapped [1] - 25:16screen [2] - 106:16,

110:30sculpting [1] - 38:11sealed [1] - 82:18searcher [1] - 82:11seated [2] - 1:4, 74:3second [3] - 51:2, 73:6,

95:29secondly [2] - 72:15,

75:23secret [2] - 26:3, 43:25sections [1] - 51:14secure [1] - 16:2securely [1] - 25:14Security [6] - 21:5, 21:8,

23:1, 85:18, 87:9, 87:26security [3] - 10:4, 70:22,

81:23security-force [1] - 10:4see [36] - 10:10, 16:19,

22:26, 24:16, 24:18, 26:15, 27:11, 28:1, 29:19, 29:20, 32:16, 34:24, 34:30, 35:2, 35:4, 35:11, 42:18, 43:30, 44:6, 44:19, 55:6, 57:4, 57:18, 61:22, 62:15, 62:21, 69:14, 71:4, 71:26, 74:26, 76:9, 80:29, 99:27, 104:15, 111:29

seek [3] - 45:23, 46:7, 74:27

seem [4] - 11:23, 47:16,

57:26, 75:3sell [1] - 103:11selling [4] - 85:4, 85:7,

85:8, 103:13semtex [1] - 99:10senior [7] - 54:13, 59:6,

87:17, 87:18, 87:19, 88:25, 91:17

sense [1] - 55:16sent [6] - 60:23, 61:5,

61:13, 61:15, 91:2, 108:4

sentence [2] - 84:13, 107:3

sentenced [2] - 99:14, 106:30

separate [1] - 53:7separated [1] - 63:8September [3] - 28:1,

97:15, 107:19sequence [1] - 96:20Sergeant [2] - 20:24,

32:30series [1] - 66:7serious [2] - 74:17, 80:3servants [1] - 29:3Service [1] - 97:12service [2] - 70:22, 83:8serving [1] - 84:13set [10] - 31:6, 37:14,

37:15, 42:10, 42:12, 43:7, 52:7, 99:29, 99:30, 102:22

settle [1] - 53:1settled [1] - 32:10settling [2] - 52:27, 52:29several [3] - 51:13, 66:16,

97:2share [1] - 24:22shared [4] - 32:20, 32:28,

32:30, 92:20shed [1] - 39:4SHEEHAN [2] - 76:5,

76:11sheet [1] - 22:17ship [1] - 30:26shoot [2] - 91:4, 99:20shooting [3] - 91:25,

91:27, 96:8shop [1] - 99:18short [3] - 64:9, 98:26,

107:17shortly [5] - 1:20, 7:21,

14:20, 14:21, 83:5shot [9] - 20:7, 20:8,

89:30, 90:13, 90:14, 90:18, 91:8, 97:8, 107:28

showed [2] - 9:10, 99:6showing [1] - 44:18shown [1] - 48:27shows [1] - 43:25Siamese [1] - 87:22sic [3] - 44:28, 67:13,

111:9sick [1] - 90:22side [2] - 79:5, 79:17Sierra [1] - 96:5

sign [1] - 76:7signal [1] - 99:29signed [1] - 107:5significance [2] - 68:26,

109:3significant [1] - 68:11similar [1] - 87:15simply [1] - 56:15single [1] - 89:28Sinn [1] - 101:12Siochana [1] - 30:20sir.. [1] - 51:25sit [9] - 7:1, 11:1, 70:14,

80:4, 80:6, 80:8, 92:8, 92:9, 111:6

site [2] - 8:27, 42:25sites [1] - 49:18siting [1] - 31:30sitting [7] - 27:1, 74:7,

81:9, 90:11, 111:2, 111:8, 111:17

situation [2] - 52:15, 83:27

six [1] - 80:22skirts [1] - 91:12slipped [1] - 11:29small [1] - 82:14smoking [1] - 100:18smugglers [2] - 103:11,

103:13so.. [1] - 69:8SO19 [1] - 102:23socialise [1] - 63:23socialising [1] - 84:3soldier [1] - 90:1soldiers [1] - 99:7solicitor [8] - 18:17,

44:17, 47:21, 50:23, 50:27, 52:13, 74:15, 111:16

solicitor's [1] - 42:14Solicitors [1] - 76:22solicitors [1] - 60:2someone [10] - 2:25,

12:8, 16:9, 18:27, 22:15, 45:3, 81:25, 87:10, 87:13

sometime [8] - 1:20, 2:29, 14:20, 14:21, 14:29, 22:7, 29:25, 104:27

sometimes [18] - 5:4, 9:13, 9:15, 15:14, 15:21, 22:23, 24:19, 33:15, 65:4, 67:1, 88:24, 100:6, 100:17, 100:28, 101:5, 102:5, 102:6, 108:27

somewhere [1] - 83:26soon [1] - 20:6sophisticated [1] - 15:28sorry [24] - 5:30, 8:27,

10:12, 12:25, 16:12, 16:23, 24:24, 26:7, 28:18, 29:19, 55:4, 57:8, 57:29, 59:17, 66:1, 77:12, 80:3, 82:5, 83:10, 100:25, 104:16,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

11

106:5, 106:20, 111:16sort [7] - 21:26, 21:30,

27:25, 30:23, 30:27, 74:9, 80:7

sorts [1] - 101:3sought [1] - 74:26sounds [1] - 100:25source [2] - 25:23, 70:22South [9] - 24:28, 31:28,

32:18, 32:26, 32:28, 32:30, 89:2, 108:17, 109:24

south [1] - 19:23space [1] - 5:7speaking [2] - 29:28,

29:29special [1] - 80:7Special [24] - 6:25, 6:29,

6:30, 10:16, 10:18, 10:22, 10:24, 10:25, 10:27, 10:29, 11:3, 11:8, 11:10, 11:13, 12:9, 26:23, 30:17, 30:18, 92:12, 92:15, 93:27, 97:29, 100:5

specific [2] - 88:18, 99:30specifically [4] - 24:6,

34:10, 59:26, 108:30spoonful [1] - 82:18spot [1] - 9:6spotlight [1] - 71:10spy [3] - 43:21, 96:28,

97:4Squad [3] - 12:4, 12:10,

104:23St [4] - 18:26, 18:28,

102:5, 102:9stage [41] - 1:28, 2:25,

3:9, 3:24, 3:30, 4:15, 5:1, 5:3, 7:3, 8:6, 8:21, 8:28, 9:17, 10:20, 10:21, 10:23, 12:14, 12:15, 12:17, 13:24, 13:29, 14:2, 15:14, 17:22, 18:15, 21:13, 22:12, 22:28, 22:30, 24:29, 25:14, 27:8, 29:12, 30:18, 47:15, 72:17, 93:14, 100:17, 101:6, 101:28, 104:2

stages [1] - 15:15Stake [1] - 63:4stand [2] - 9:27, 32:12stands [1] - 24:20start [3] - 72:7, 72:8,

86:30started [5] - 12:3, 14:28,

90:18, 100:11, 105:26state [1] - 97:6State [6] - 24:27, 52:11,

52:27, 52:29, 62:28, 62:29

statement [29] - 14:2, 54:3, 54:4, 54:9, 54:10, 54:17, 54:22, 54:25, 54:26, 58:6, 58:26, 59:1, 59:26, 60:3, 60:7, 60:8, 60:15, 60:19,

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60:20, 61:4, 61:9, 61:13, 64:27, 74:23, 75:2, 75:23, 93:15, 108:3, 108:8

Statement" [1] - 61:8statement" [1] - 61:9statements [3] - 22:21,

72:19, 107:8states [2] - 96:29, 106:29station [4] - 14:18, 20:25,

21:17Station [1] - 90:8stations [1] - 90:16status [2] - 101:29,

102:20stay [1] - 101:2stayed [1] - 80:21step [2] - 82:8stick [2] - 41:16, 52:9still [12] - 2:16, 3:28, 9:7,

10:12, 10:14, 48:10, 48:11, 53:10, 53:12, 74:22, 85:4, 92:26

stolen [6] - 41:9, 41:12, 49:2, 49:6, 49:19, 50:24

stood [1] - 81:8stop [4] - 9:5, 49:16, 51:1,

102:26stopped [3] - 8:22, 24:8,

98:21store [4] - 8:8, 8:11, 8:13,

8:27stories [5] - 26:2, 85:5,

85:7, 85:8, 85:9story [17] - 8:25, 30:9,

30:12, 36:1, 36:5, 44:29, 45:1, 45:29, 46:3, 47:2, 47:14, 47:17, 47:19, 47:23, 48:7, 67:5, 97:11

straight [2] - 18:25, 79:16strange [1] - 25:24straying [1] - 55:22street [1] - 104:11Street [2] - 38:1, 99:4streets [1] - 35:23stress [2] - 87:14, 88:10stuff [6] - 8:11, 31:9,

92:11, 92:14, 100:1, 102:10

subject [2] - 93:17, 94:2submit [12] - 37:17,

37:23, 37:24, 37:25, 40:8, 40:9, 41:6, 41:7, 41:13, 41:27, 42:12, 57:5

submitted [2] - 37:29, 41:5

submitting [2] - 40:6, 42:15

subsequently [4] - 4:6, 32:9, 93:24, 104:23

substantial [1] - 48:20sued [1] - 32:8sugar [1] - 8:9Sugar [1] - 99:19suggest [9] - 36:29, 47:1,

52:22, 52:26, 56:11,

57:21, 61:22, 68:15, 71:14

suggested [2] - 12:10, 21:1

suggesting [6] - 44:6, 62:21, 62:22, 62:26, 71:4, 107:23

suggestion [3] - 44:7, 44:21, 63:14

suing [2] - 48:25, 55:18summer [5] - 1:18, 2:30,

4:3, 5:15, 6:5sums [1] - 48:20Sunday [12] - 29:24,

29:26, 29:27, 29:28, 32:8, 32:12, 32:14, 42:18, 43:18, 44:2, 97:5, 97:14

supplied [7] - 25:5, 30:16, 51:30, 77:4, 104:21, 105:2

supply [3] - 30:29, 43:18, 78:5

supplying [1] - 95:11support [8] - 18:4, 54:3,

54:6, 58:6, 58:26, 59:1, 59:27, 101:26

supporting [1] - 54:7suppose [5] - 17:13,

20:4, 32:16, 55:16, 112:2

supremacy [1] - 11:11surname [1] - 17:1surveillance [1] - 102:25survived [1] - 97:2suspected [1] - 87:10suspicion [5] - 22:7,

22:9, 22:29, 23:4, 23:5swearing [1] - 81:5swearing-in [1] - 81:5switch [1] - 82:14switched [1] - 8:21swore [1] - 81:7sycophantic [1] - 112:3system [3] - 8:17, 15:17,

99:26systematically [1] - 33:15systems [1] - 15:16

Tt's [1] - 104:20tablet [3] - 25:2, 104:11,

104:22tablets [7] - 25:1, 25:13,

104:5, 104:17, 104:24, 105:1, 105:3

tacks [1] - 82:16talks [1] - 84:17tape [2] - 88:3, 88:4tapes [4] - 17:30, 18:2,

18:16, 18:18taping [4] - 17:27, 17:28,

17:29, 18:6target [3] - 24:6, 96:5,

98:23targeted [4] - 16:14,

16:18, 24:24, 100:14

targeting [5] - 23:29, 23:30, 24:2, 24:10, 24:24

tarmac [1] - 79:7tasked [1] - 99:19taunt [1] - 90:4team [10] - 1:6, 23:12,

23:13, 48:24, 72:16, 87:26, 92:18, 93:2, 93:27, 111:28

teams [2] - 19:30, 20:16teatime [1] - 80:22technical [2] - 18:3,

101:26technical-support [1] -

101:26telephone [4] - 15:9,

27:29, 110:10television [3] - 83:14,

91:23, 91:26ten [5] - 14:21, 15:29,

53:8, 71:24tendency [1] - 109:8tends [4] - 36:9, 36:16,

36:23, 36:30Tenerife [1] - 86:2term [2] - 38:22, 91:26terms [7] - 14:12, 17:13,

19:28, 20:24, 55:22, 87:23, 94:1

terrible [2] - 29:21, 35:8terribly [1] - 14:30terrorist [9] - 24:30,

25:21, 27:16, 43:29, 43:30, 44:5, 89:13, 102:23, 109:27

testimony [1] - 75:17texted [1] - 76:11that' [1] - 54:28THE [11] - 1:1, 34:2,

73:11, 74:1, 76:18, 86:28, 107:15, 110:28, 112:12

theft [2] - 49:7, 105:3themselves [2] - 6:8, 19:5THEN [2] - 110:28, 112:12there'd [1] - 9:4thereabouts [2] - 14:25,

27:21therefore [9] - 32:28,

33:20, 35:23, 69:1, 70:27, 75:14, 98:11, 98:22, 111:8

thinking [5] - 18:12, 27:7, 40:27, 67:27, 67:28

third [4] - 79:26, 90:24, 91:9

Thompson's [1] - 99:18threats [3] - 55:21,

106:13, 106:14three [11] - 5:5, 14:22,

20:18, 28:11, 28:13, 30:25, 72:5, 90:10, 90:13, 91:13, 98:15

throughout [3] - 3:26, 21:25, 81:10

thwarted [4] - 24:7, 24:11, 98:10, 98:18

tied [1] - 41:1tilt [1] - 82:14timer [2] - 9:16, 82:12tipped [1] - 100:16title [1] - 107:9TO [1] - 1:10tobacco [1] - 100:14today [5] - 51:13, 105:14,

105:17, 106:6, 106:9together [6] - 27:25,

61:23, 63:8, 81:28, 82:3, 104:4

Tom [18] - 4:24, 4:29, 65:11, 67:15, 69:1, 69:7, 69:25, 70:1, 70:17, 71:1, 71:15, 78:25, 85:14, 95:30, 96:17, 96:23, 97:21, 108:22

took [9] - 10:30, 11:11, 41:7, 78:21, 79:14, 82:20, 89:30, 90:1, 102:2

tools [3] - 108:28, 109:1, 109:13

top [3] - 43:25, 89:1, 95:23

top-secret [1] - 43:25total [2] - 5:10, 86:16totally [3] - 39:8, 63:11,

88:17touch [5] - 20:28, 20:29,

49:17, 101:10, 108:28tout [2] - 22:8, 24:13towards [1] - 23:28trace [1] - 102:25trading [1] - 31:26train [1] - 21:17trained [1] - 87:13trap [2] - 82:4, 82:10treachery [2] - 106:10,

106:11treated [1] - 52:10treatment [1] - 34:14Tribunal [31] - 4:22, 15:5,

17:8, 20:9, 36:26, 48:18, 48:28, 50:20, 51:3, 52:8, 54:12, 56:4, 57:3, 57:15, 57:27, 64:16, 64:28, 67:3, 67:14, 70:30, 72:29, 74:10, 77:3, 80:2, 81:10, 84:29, 87:3, 93:7, 95:12, 108:4, 108:24

TRIBUNAL [4] - 1:1, 73:11, 74:1, 112:12

Tribunal's [1] - 110:25tried [4] - 12:17, 41:13,

86:4, 95:21troops [1] - 100:4trophy [1] - 90:2trouble [2] - 21:29, 63:21true [1] - 53:28trust [3] - 81:21, 81:26,

104:25trusted [1] - 12:11truth [3] - 61:19, 61:20,

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

12

86:17try [6] - 35:19, 35:21,

37:14, 37:15, 81:24, 104:2

trying [20] - 7:15, 21:21, 23:15, 36:10, 36:29, 37:2, 42:7, 42:27, 43:3, 43:12, 43:14, 44:7, 44:9, 44:14, 44:22, 48:9, 59:28, 59:30, 64:22, 86:8

tube [2] - 82:16, 82:18tubing [1] - 82:15Tuesday [2] - 111:6,

111:9turn [2] - 28:22, 88:24turned [2] - 63:19, 79:15turns [1] - 20:6TV [3] - 83:5, 83:17twelve [1] - 5:8twenty [1] - 48:1twice [1] - 69:14twin [1] - 87:22two [40] - 5:5, 6:15, 6:30,

8:20, 11:1, 14:21, 17:13, 20:2, 22:5, 23:14, 25:7, 27:24, 30:25, 31:1, 31:12, 33:19, 34:21, 41:20, 46:26, 51:14, 63:28, 64:29, 65:26, 67:12, 72:2, 72:8, 72:13, 74:17, 76:8, 82:11, 82:16, 90:14, 91:8, 92:2, 92:22, 98:15, 99:9, 107:17, 111:7

two-kilo [1] - 99:9type [4] - 38:13, 78:4,

81:20, 98:13types [3] - 7:15, 80:6,

82:3

UUDR [4] - 91:4, 98:28,

98:30, 99:1UK [2] - 12:23, 103:7ultimately [3] - 22:2,

22:29, 23:17unauthorised [1] - 49:11under [10] - 22:7, 22:9,

22:29, 23:4, 23:5, 74:22, 75:20, 82:4, 82:10, 82:13

undercover [1] - 43:22understating [1] - 34:29understood [3] - 11:18,

23:27, 56:20undertaking [2] - 74:27,

75:23unhappy [4] - 27:8,

27:10, 27:11, 28:18unidentified [1] - 7:30unit [9] - 18:4, 19:15,

19:23, 26:3, 26:5, 64:30, 99:7, 99:23, 99:25

Unit [8] - 21:5, 21:8, 23:1,

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26:3, 43:25, 85:19, 87:9, 97:13

units [2] - 89:16, 99:24Unity [2] - 96:3, 96:6unknown [1] - 105:22unless [1] - 5:11unnecessary [1] - 112:7unsophisticated [1] -

15:27unsung [2] - 35:2, 35:4UNTIL [1] - 112:12untrue [2] - 62:21, 97:13up [57] - 4:14, 8:23, 9:3,

9:8, 17:22, 20:25, 20:30, 21:11, 21:15, 21:16, 21:18, 22:19, 25:1, 30:30, 31:6, 33:10, 33:23, 33:25, 37:1, 37:14, 37:15, 40:15, 42:10, 42:13, 42:17, 43:7, 52:7, 52:27, 52:30, 53:1, 54:30, 56:19, 60:28, 62:15, 63:20, 64:3, 72:18, 80:23, 82:10, 82:18, 82:19, 82:21, 82:24, 83:27, 88:1, 88:24, 88:29, 91:6, 96:15, 98:10, 100:4, 102:4, 102:9, 102:22, 103:10, 103:26, 106:15

up-and-under [1] - 82:10

Vvan [5] - 21:15, 85:16,

85:17, 85:22, 88:2vans [1] - 98:21various [7] - 8:2, 18:16,

27:23, 28:7, 32:23, 65:1, 68:13

VAT [4] - 30:22, 101:5, 102:30

Viagra [9] - 25:1, 25:12, 103:24, 103:29, 103:30, 104:5, 104:9, 105:1, 105:3

vicariously [1] - 55:19victims [3] - 27:16, 60:17,

94:26victims' [4] - 13:16,

13:20, 13:25, 27:17Victoria [1] - 8:18video [4] - 8:29, 9:8, 9:21,

10:6videoed [3] - 9:9, 9:10,

9:16view [2] - 39:9, 55:10views [4] - 6:29, 10:24,

11:10, 39:9violence [1] - 27:16virtually [1] - 21:25visits [1] - 53:24voice [2] - 87:14, 88:10voluntarily [1] - 75:6volunteers [2] - 91:21,

99:9

Wwage [2] - 103:19, 103:20waited [1] - 10:4waiting [1] - 55:5Wales [1] - 74:28walk [2] - 9:8, 96:3walked [1] - 25:19walking [2] - 79:29,

105:22wall [3] - 9:25, 9:27, 39:4warehouse [2] - 31:30,

103:5Warner [2] - 44:27, 46:25Warrenpoint [1] - 91:13WAS [4] - 34:2, 76:18,

86:28, 107:15Watch [1] - 60:17watch [1] - 80:16watched [2] - 55:15, 99:8watching [3] - 31:28,

31:29, 32:2water [1] - 25:19Water [3] - 1:22, 83:1,

83:7weak [1] - 88:11weakness [1] - 22:25weapon [1] - 94:15wear [1] - 108:27website [13] - 41:7, 42:10,

42:13, 42:15, 42:19, 43:8, 43:19, 43:21, 43:24, 43:25, 95:27, 96:27, 97:4

websites [1] - 42:17week [3] - 80:17, 80:22,

103:20weekly [1] - 29:21weigh [1] - 22:24weight [1] - 101:8well-being [1] - 62:16well-known [1] - 109:18whatsoever [5] - 50:28,

51:7, 64:15, 103:27, 105:13

whereabouts [1] - 69:3whereby [2] - 78:22,

94:13white [1] - 99:27whole [8] - 2:19, 7:8,

21:25, 28:23, 67:3, 71:3, 102:26, 109:15

wide [1] - 55:25wide-ranging [1] - 55:25widespread [1] - 36:5wife [20] - 53:5, 53:6,

53:12, 54:11, 54:13, 56:8, 57:30, 60:11, 60:27, 61:21, 62:15, 63:7, 63:8, 63:9, 63:12, 63:27, 68:6, 68:25, 80:24

wife's [4] - 59:23, 60:2, 61:11, 63:11

willing [2] - 25:2, 51:5wires [2] - 40:29, 82:17wise [1] - 15:21wish [6] - 57:1, 95:12,

95:15, 111:24, 111:29, 112:4

wishes [1] - 111:25WITHDREW [1] - 110:28witness [26] - 1:4, 4:27,

11:27, 12:5, 16:22, 30:6, 33:30, 56:2, 56:20, 57:9, 57:29, 59:12, 59:15, 59:18, 64:23, 74:3, 75:16, 75:17, 75:29, 76:6, 81:5, 81:8, 93:6, 94:30, 105:17, 105:18

Witness [11] - 5:20, 12:3, 12:22, 92:25, 92:28, 93:14, 93:17, 97:30, 100:23, 103:27, 104:15

WITNESS [5] - 34:2, 76:18, 86:28, 107:15, 110:28

witness's [2] - 56:8, 57:23

witnesses [2] - 111:7, 111:23

woman [2] - 53:27, 58:25wondering [2] - 4:8, 15:8woodpecker [1] - 15:17word [2] - 24:4, 39:26words [2] - 62:6, 81:7workers [1] - 98:11workload [1] - 72:22world [4] - 36:1, 36:3,

43:29, 83:5worried [2] - 31:15, 44:13worry [3] - 44:12, 58:29,

108:28worth [3] - 100:26, 101:7,

101:8wounded [2] - 91:8,

91:10writ [2] - 44:28, 67:13write [13] - 1:27, 3:14,

4:20, 5:17, 5:23, 7:6, 22:18, 22:21, 30:4, 45:30, 46:18, 46:25, 94:27

writers [2] - 65:26, 67:12writes [7] - 4:27, 5:20,

11:27, 16:22, 30:6, 47:12, 94:30

writing [5] - 46:17, 46:24, 47:1, 54:20, 68:26

written [4] - 16:26, 47:10, 50:2, 108:3

wrongly [3] - 54:15, 108:8, 110:12

wrote [6] - 45:13, 46:26, 48:28, 49:23, 50:1, 50:7

www.explosive [1] - 42:20

www.explosive-art.com

[1] - 42:20

YYates [3] - 30:2, 31:1,

32:5yeah" [1] - 90:22

Smithwick Tribunal - 16 December 2011 - Day 68

Doyle Court Reporters Ltd.

13

year [8] - 7:25, 69:15, 84:5, 84:6, 96:8, 107:19, 111:25, 111:30

years [13] - 3:4, 15:22, 15:29, 24:12, 28:21, 28:24, 43:22, 46:27, 49:5, 53:8, 92:13, 106:27

years' [1] - 48:1yes.. [1] - 37:19yesterday [17] - 1:8, 1:29,

2:29, 7:12, 14:15, 14:27, 16:5, 23:27, 25:9, 26:22, 28:17, 69:24, 101:15, 107:18, 107:21, 107:25, 110:6

young [2] - 89:30, 90:14yourself [20] - 13:9, 22:2,

23:4, 24:20, 26:26, 34:24, 34:30, 35:2, 35:11, 44:8, 44:9, 44:15, 44:16, 44:22, 47:22, 68:6, 81:27, 86:23, 107:30, 109:30

YouTube [1] - 28:2

Zzero [1] - 9:1

££10 [1] - 104:11£18 [1] - 100:26£18-million [1] - 102:30£5 [2] - 25:2£5,000 [2] - 49:11, 50:17

ÓÓglaigh [1] - 107:5