Collusion will be studied 'in broadest sense'

The chairman of the new tribunal of inquiry which is to examine whether there was collusion by gardaí in the murder of two senior RUC officers 17 years ago has said that it will investigate whether anyone turned a blind eye as well as any evidence of active collaboration with paramilitaries.

The sole member of the tribunal, the former president of the District Court, Judge Peter Smithwick, said that the tribunal would examine the issue of collusion in the broadest sense of the word.

The tribunal is to investigate suggestions that members of the Garda or any other employee of the State colluded in the fatal shootings of Chief Supt Harry Breen and Supt Robert Buchanan on March 20th, 1989.

The two RUC officers were murdered by the Provisional IRA just north of the Border as they returned from a meeting in Dundalk Garda station.

In a statement yesterday, Judge Smithwick said that, while collusion generally had the meaning of the commission of an act, he was of the view that it should also be considered in terms of an omission or failure to act.

"In the active sense, collusion has amongst its meanings to conspire, connive or collaborate. In addition, I intend to examine whether anyone deliberately ignored a matter or turned a blind eye to it, or pretended ignorance or unawareness of something one ought morally, legally or officially oppose," he said.

Judge Smithwick said that the tribunal had been established by the Oireachtas on foot of a recommendation in a report by retired Canadian judge Peter Cory, who had examined six cases of alleged collusion between the British or Irish security forces and paramilitaries.

"On the question of collusion, Judge Cory stated that it could be said that the Provisional IRA did not need information from the gardaí to mount the ambush and that intelligence reports received shortly afterwards could be taken to point to a similar conclusion.

"However, there were also, according to Judge Cory, two intelligence reports which referred to a Garda leak," Judge Smithwick said. Judge Cory had also considered a statement from a man said to have been a former British intelligence agent who became a member of the Provisional IRA. This man, who went under the pseudonym "Kevin Fulton", stated that on the day of the ambush his senior IRA commander was told that a garda had informed the IRA that the two RUC officers were in the station in Dundalk.

"In the view of Judge Cory, this statement could add credence to the two intelligence reports which referred to a Garda leak," Judge Smithwick said.

In the event of persons or agencies outside the State declining to co-operate with the tribunal, it could report the matter to the clerk of the Dáil, he said.

Minister for Justice Michael McDowell had said last year that, should the need arise, a "formal approach could be made by the Irish authorities to the British authorities to assist in securing the co-operation of persons in Britain and Northern Ireland", Judge Smithwick added.