A judge heading an inquiry into the murders of two senior RUC officers has launched an astonishing attack on the Minister for Justice Alan Shatter for allegedly interfering with the tribunal.
In a series of letters over the past few weeks, Judge Peter Smithwick told Mr Shatter his controversial and unexpected declaration of a deadline on the hearings threatened the entire investigation.
The judge said witnesses were already reconsidering their co-operation with the inquiry since hearing about the Government-imposed time-frame, including one important witness from outside the State whose co-operation took some to secure.
The Smithwick Tribunal is examining allegations of Garda collusion in the IRA killings of Superintendent Bob Buchanan and his colleague Chief Superintendent Harry Breen near the Irish border after a meeting at Dundalk Garda Station in March 1989.
Mr Shatter announced last month the tribunal - which was set up in May 2005 but only began hearing public testimony this month - would have to finish its work by the end of November.
Judge Smithwick wrote to the Minister accusing him of a “wholly inappropriate” attempt to “interfere with the independence” of the inquiry. He also attacked the “spin” which followed the press statement.
“This was done without any prior notice to me or communication whatever,” he said.
“I think this was singularly ill-advised.”
In the letters, just released to the Oireachtas, Judge Smithwick said he was deeply concerned the tribunal, set up by both the Irish and British governments as part of the peace process, would be compromised by the imposition of the deadline.
The tribunal chairman said it would play into the hands of people who wanted to frustrate its work, as they would know they only had to withhold cooperation for another few months.
Judge Smithwick also warned the deadline would help discourage sensitive and important witnesses from outside Ireland coming forward because they would see the inquiry as being wound down.
While he was anxious to complete the inquiry as quickly and cheaply as possible, he also had a duty to the two dead police officers to get to the truth of the matter, he wrote.
There was also a need to protect people’s lives and allow those whose reputations are being risked by the evidence being heard the opportunity to defend their good name, he added.
In one of the letters marked private and confidential, Judge Smithwick demanded the timeframe be revoked and warned he would continue hearings until he had heard everything before then taking the time necessary to produce a fair and balanced report into the murders.
Mr Shatter denied any attempts at political interference and responded that he was seeking Oireachtas backing to have the tribunal wound up by November 30th.
That motion was passed in June, which also ordered an interim report which was lodged with the Oireachtas today.
Mr Shatter said the background to the deadline was a meeting he had with Judge Smithwick at the start of May, in which he claimed the judge indicated the tribunal could complete its work well within that timescale.
He said it would have been improper to consult with him directly about motions in the Oireachtas concerning the tribunal.
But the tribunal chairman wrote back that it was the “public” imposition of the timeframe and the publicity around it which had such a dramatic impact on the co-operation of witnesses.
He was also concerned about a newspaper report that a spokesman said the Government appeared to be losing patience with the inquiry.
Judge Smithwick said he would now have to set about reassuring witnesses of the tribunal’s intention to carry out a comprehensive and independent investigation.
Mr Shatter said there were clearly matters both men disagreed on – including the role of State institutions and the importance of a Government spokesman’s “utterance” - but he fully supported Judge Smithwick.
He also pointed out the tribunal could seek an extension to its timeframe if needed, which would have to be passed by the Oireachtas.
Earlier this month North Antrim MP Ian Paisley Jnr urged British prime minister David Cameron to contact the Government over the deadline.
Mr Cameron told prime minister’s questions that he would look carefully at the issue.
Fianna Fáil leader Micheal Martin accused the Government of misleading the Dáil and not providing all the information relating to Judge Smithwick’s concerns.
“This Tribunal was established as a key confidence-building element of the peace process,” Mr Martin said.
“The government’s behaviour in the last two months has been a disgrace and is now becoming a scandal.
“They refused to consult about the motion and then forced it through the Oireachtas while withholding crucial information.”
In a statement tonight, Mr Shatter accused Fianna Fáil of risking public confidence in the hearings by cynically misrepresenting his actions.
“While the correspondence discloses matters on which Judge Smithwick and myself respectfully disagree, it is clear that the tribunal is determined to carry on its important task to establish the truth, and in doing so, has my full support,” he said.
“What is important is that the tribunal should be let get on with its important work and should not be mired in an artificial political controversy generated by Fianna Fáil.”
Mr Shatter said the tribunal has cost €8 million to date.
PA