Suppression of evidence unlikely, Arms Trial report says

The Minister for Justice, Mr O'Donoghue in his report on the examination of all State papers on the Arms Trial said while the possibility to suppress evidence cannot be definitively ruled out the likelihood is remote.

The three-sectioned report released this evening includes the Minister’s statement, an investigation by the Attorney General into Questions Concerning the Prosecution of the Arms Trial in 1970, and a report by the Garda Commissioner.

In his report the Minister said the RTÉ Prime Timeprogramme of April 10th 2001 raised questions relating to apparent alterations to the witness statement of Col Michael Hefferon.

In this programme it was suggested that evidence crucial to the defence case in the Arms Trial relating to the alleged knowledge of the then Minister for Defence, Mr Jim Gibbons of a plan to import firearms and ammunition was suppressed.

The Minister said during the investigation of State papers it became clear that certain documents possibly relevant to questions alluded to by Prime Timewere either missing or otherwise not available. He said a number of integral people were now deceased.

He added people who might be involved in any attempt to suppress evidence would be highly unlikely to leave evidence which would demonstrate their involvement or their intent.

"Therefore, proof of the existence or non existence of an attempt to suppress evidence - whether in this case or in any other case - is unlikely to be established definitively . . . . and conclusions are much more likely to remain in the realm of inference", the Minister said.

However, the Minister added that it is evident from the Garda Report and the Attorney General’s Report that there are certain gaps where files are not available and that other witnesses may need to be interviewed.

In relation to the state of knowledge of the then Minister for Defence, Mr Gibbons, Mr O'Donoghue said: "It cannot be determined on the basis of an examination of any of the materials now to hand, or on any basis known to the Department [of Justice], that what Mr Gibbons had to say on this issue was untrue and it would be clearly wrong to suggest otherwise".

However the report continues that while markings made on the available copy of Col Hefferon’s original statement by the then Secretary of the Department of Justice, Mr Peter Berry do not coincide with subsequent omissions from the Book of Evidence, material tending to suggest Mr Gibbons knew what was taking place is omitted.

The Attorney General, Mr Michael McDowell, in his report reached the conclusion that it was "highly unlikely the then Minister for Justice or the Department of Justice were a party to a conspiracy to deceive the prosecution team.

In examining the excisions from Col Hefferon's statement, the Attorney General identifies one piece of omitted evidence which would "appear to be directly relevant to the Minister’s knowledge of, and indeed possible participation in, the alleged plot and [was] admissible [to the Book of Evidence statement] on the broad view".

Mr McDowell also ruled out an official inquiry.

The Garda report said that "No member of An Garda Síochána edited any statement taken during the course of the investigation".

The Department of Justice-led inquiry was originally supposed to be finished by mid-May. The Minister said in his report this evening that he has raised further queries which he will report on as soon as he has been provided with answers.