Byrne denies intercept tape's existence

Former Garda commissioner Pat Byrne has disputed evidence that a Garda phone tap intercepted a warning to a high profile republican, alerting him to an impending Garda search.

Resuming his evidence at the Smithwick Tribunal this morning, Mr Byrne said if there had been an intercept of such a warning, it would have been an extremely serious and memorable issue for the Garda.

“It would have instigated an immediate, major investigation,” he said.

Mr Byrne acknowledged that former detective inspector Dan Prenty has given evidence to the tribunal that he listened to a tape of such an intercept in Garda headquarters in 1990, having been asked if he could identify the voice which conveyed the warning to the republican.

"I am saying there was no tape that he listened to because no tape existed," Mr Byrne insisted today. “I do not accept there was a tape tipping-off of the subject that particular night or at any time.”

He accepted gardaí had a prominent republican under surveillance and had intercepted his phone. But he said there was no tape of a warning, and he rejected suggestions that a tape of such a warning may have gone missing from Garda headquarters along with a transcript of its contents.

Referring to the surveillance target he said: “It would be extraordinary that he allowed anyone to ring him up on the phone. He was no fool.”

The tribunal is inquiring into suggestions that a member or members of gardaí in Dundalk Garda station tipped off the IRA about the visit of two RUC officers on March 20th 1989. Chief supt Harry Breen and supt Bob Buchanan of the RUC were killed in an IRA ambush minutes after they left a meeting at Dundalk Garda station.

Mr Byrne also told the tribunal former Det Sgt Owen Corrigan of Dundalk Garda station, who is legally represented at the tribunal, had provided very useful intelligence information in the fight against the IRA.

He said he had extensive contact with the RUC and was never aware of that force expressing concern about Mr Corrigan. He said interaction with the RUC was extremely open and co-operation was extremely good.