Alleged British agent Freddie Scappaticci, known as "Stakeknife" was today refused legal representation at a tribunal investigating claims a garda colluded with the IRA in murder of two senior RUC officers.
Another agent Kevin Fulton was, however, granted representation for the judicial inquiry into the fatal shootings of RUC Chief Superintendent Harry Breen and Superintendent Robert Buchanan by the IRA, on March 20th, 1989.
Judge Peter Smithwick is the sole member of the Dublin-based tribunal which will investigate allegations of collusion in the killings in south Armagh, just north of the Co Louth border.
The officers were returning from a meeting in Dundalk Garda Station at the time. They were the two most senior RUC officers to be killed by the IRA during the troubles.
Judge Smithwick said lawyers for Mr Scappaticci, one time head of the IRA's internal security unit, had applied for legal representation on the basis of media reports that one or more individuals may prejudice him at the hearings.
"As no such comment has been made to date I do not propose to grant legal representation to Freddie Scappaticci," said the judge.
He added a that renewed application could be submitted in the event of a change of those circumstances.
Kevin Fulton, who claimed he worked in the IRA for MI5, has alleged in a statement the IRA was told by a Garda officer both RUC men were at Dundalk Garda Station on the day of the ambush.
The claims were included in a report by retired Canadian judge Peter Cory to the Irish and British governments as possible evidence of collusion. It was on this basis that Fulton was granted representation at the tribunal, Judge Smithwick said.
Former Garda detective Owen Corrigan, who is facing allegations that he colluded with paramilitaries allowing an IRA gang to carry out the attack, was also granted representation.
Garda Commissioner Noel Conroy and the families of both Chief Supt Breen and Supt Buchanan are to be represented. After the ruling, the tribunal went into private session following an application to deal with the constitutional right of a person or persons to have their good name protected.
Judge Smithwick said the issue of legal costs would be dealt with at the conclusion of the hearings — expected to begin in the spring — and that granting of representation did not guarantee costs being paid by the State.
Chief Supt Breen and Supt Buchanan were gunned on the afternoon of March 20th, 1989, after leaving the meeting in Dundalk Garda Station as they returned to the North.
Both men were in civilian clothes and neither were carrying a weapon when they were ambushed just metres over the Border. They were shot several times and died at the scene.
In the intervening years, there have been many claims that one or more gardaí in Dundalk told the IRA about the meeting, giving them time to plan an ambush.
Judge Peter Smithwick, former president of Ireland's District Court, was given the task of chairing the inquiry and he and his team have been interviewing people and taking evidence for several months.
PA