Five men who will say they were members of the Official IRA in Derry on Bloody Sunday have offered to give evidence which could be very significant for the inquiry, a barrister said yesterday.
Mr Gareth Purvis, representing the men, told the tribunal that in due course they were likely to seek anonymity at the proceedings. He was making a preliminary appearance on their behalf, primarily because of the "quandary" the tribunal had perceived as arising last Thursday when a witness refused to name a civilian gunman he had seen firing shots on Bloody Sunday.
Counsel added: "We are not coming here to say, or to set terms, or to ask for terms or anything like that; we simply want to provide this information in person . . . primarily in the light of the events that occurred on Thursday."
All he could say about his clients was: "They would simply say that they were all members of the Official IRA present at the time on the day in question. I have no information as to the evidence that they would seek to give to the tribunal."
Mr Purvis said the group he represented included two men who have been named in a document, not yet made public by the inquiry, which is said to contain details given to Sunday Times journalists about non-army firing on the day.
The document, known as PIN 437, is the subject of a legal wrangle, as the principal person named in it may seek a judicial review of the tribunal's ruling last June that it should be made public at the inquiry.
Yesterday, however, Mr Purvis told the inquiry that this document "will pale in significance compared to the evidence that these five men in total could provide".
Earlier, Mr Christopher Clarke QC, for the tribunal, revealed that last month the inquiry's solicitor, Mr John Tate, was told by telephone by another solicitor, Mr Fintan Canavan, that an intermediary for three people had approached him (Mr Canavan).
Those three people were: the officer commanding the Official IRA on the day; either his adjutant or his intelligence officer; and the man who is known at the inquiry as "Father Daly's gunman".
The message given by the intermediary was that those three persons would wish to come forward to give evidence if they were guaranteed anonymity. Mr Tate had subsequently written explaining the procedures adopted for anonymity applications.
It is understood that two additional former Official IRA members decided last week to associate themselves with this initial group of three.
The tribunal chairman, Lord Saville, said that, in order to judge any claim that a person's personal safety might be put at risk, the tribunal generally sought threat assessments and security assessments from appropriate authorities.
He said it might be very difficult to do that unless they were provided with the names of the people. He pointed out that the tribunal had the name of the person concerned with PIN 437, but not the others.
Mr Purvis said he hoped this distinction, or difference, would be overcome, and he urged that all five of his clients be dealt with together. He told the chairman that he hoped he could have further instructions and take the matter forward in about three weeks.
The inquiry then heard from Mr Clarke that last Thursday's witness, Mr William Harley, had provided to the tribunal's solicitor, Mr Tate, a name written on a piece of paper of the person he believed to have been "Father Daly's gunman". Mr Clarke said that only himself and Mr Tate had so far seen that name, as this person might later claim anonymity.
Mr Harley returned to the witness stand and confirmed that he had written a name on the piece of paper. Asked by Mr Clarke if the name he had written was that of Tony Rush, he replied: "No".
The inquiry continues today.