Smithwick rebukes Garda counsel

A barrister for An Garda Siochána has been accused of obstructing the Smithwick Tribunal and delaying its proceedings  by detaining a witness.

Michael Durack SC was told by Judge Peter Smithwick that when the tribunal issued a summons for a witness to appear, it expected them to keep the appointment.

Judge Smithwick said he said he had issued the summons for the witness,

who was not named in the exchange, "to come here at 11 am this morning".

While the judge had been ready at 11am, the witness had been diverted in consultation with Mr Druack in an adjoining room.

The judge said he had not expected Mr Durack to prevent the witness from making a timely appearance by engaging in consultation with the witness.

Judge Smithwick said counsel for the tribunal Mary Laverty SC had also been hoping to engage with the witness at 10.30am but this too had been frustrated.

If Mr Durack had a requirement to consult with a witness there had been "a year or more to do so" he said.

Mr Durack apologised saying he had not realised he was delaying the tribunal.

"Of course you realised it," the judge responded. "I am very displeased about it and I hope this kind of thing will not happen again."

The tribunal was adjourned briefly to reschedule.

The tribunal is inquiring into suggestions of collusion by members of the Garda or other employees of the State, in the murder of two RUC officers in March 1989. Chief Superintendent Harry Breen and Superintendent Bob Buchanan were killed by the IRA close to the Border in south Armagh, minutes after they left a meeting in Dundalk Garda station.

After it resumed, former assistant Garda commissioner TJ Ainsworth told the tribunal he would be surprised if one of the murdered men had told a superintendent to report to the Garda Commissioner that the RUC were concerned  there might be an IRA mole in Dundalk Garda station.

Mr Ainsworth said this would be an unlikely "route" of communication as it bypassed RUC headquarters. He said the more natural route for such concern would from RUC headquarters to Garda headquarters.