Smithwick considers 'negative reporting'

The chairman of the Smithwick Tribunal has said he may set aside a day in which legal representatives may address some of the negative publicity garnered by their clients in media reports of the tribunal’s hearings.

The tribunal is inquiring into suggestions of IRA collusion among members of Dundalk Garda in the murders of two RUC officers, chief supt Harry Breen and supt Bob Buchanan in 1989.

Judge Peter Smithwick was responding today to a suggestion from Jim O'Callaghan SC for former detective sergeant Owen Corrigan. Mr Corrigan is one of three former sergeants in Dundalk who were granted legal representation at the tribunal.

Mr O'Callaghan told the tribunal many serious allegations had been raised against his client which had led to "negative" reporting in the media. While there was nothing the tribunal could do about such things, he asked that final submissions which he said were currently being compiled, be taken at least in summary in oral form, at a public sitting of the tribunal.

Judge Smithwick said he appreciated that some very serious allegations had been made against Mr Corrigan including an allegation made in the House of Commons. The chairman also asked after Mr Corrigan's health and was told it was hoped Mr Corrigan would be in a position to give evidence to the tribunal the week after next, immediately following an upcoming legal holiday.

Eamon Coffey for former Dundalk sgt Leo Colton said he had not been made aware of this request in advance and while he too may like to address some of the allegations made against his client, he asked that he be allowed to reserve his position until he had considered the issue and taken instructions.

Similar requests were made by legal advisors to another former Dundalk sgt Finbarr Hickey, as well as the legal advisor to Freddie Scappaticci, the man who denies he is the British intelligence controlled double agent known as Stakeknife.

Summing up, the judge told Mr O'Callagahan he appreciated the concerns. Judge Smithwick said Mr Corrigan faces "very many adverse allegations" which had been reported upon and "he would like the chance of airtime to put a useful phrase on it".

However, the judge said all submissions - which were expected in writing - would be carefully considered and would be appended to his report. He said he was also conscious that the time taken for the submissions brought with it a cost, and this was out of the public purse.

In response to a suggestion from Michael Durack SC that his own submission may take as little as an hour, the chairman said he had no intention of allowing him speak for a whole hour. He said if all oral submissions could be confined to one day, it was something he might consider.

The requests for speaking time came as the Oireachtas approved an extension of the tribunal's deadline until October 31st.