FBI STOPPED SPY TESTIFYING AFTER DEATH OF DONALDSON
FBI stopped spy testifying after death of Donaldson
HE FBI refused to let Real IRA infiltrator David Rupert testify at the Omagh bomb civil action following the assassination of a top republican unmasked as a British spy, the High Court heard yesterday.
Jason McHugh, the solicitor for the families of victims suing five men over the atrocity which claimed 29 lives including a woman pregnant with twins, went into the witness box to disclose how Denis Donaldson's murder led to a heightened threat assessment against the American.
The lawyer said he was rebuffed by the US authorities and told the risk against Rupert would increase if he became involved in the trial in Belfast because of the "oxygen of publicity" it would cause.
During cross-examination by Michael O'Higgins SC, for convicted Real IRA leader Michael McKevitt, Mr McHugh also denied any offer of cash was ever made to the FBI mole.
It followed a series of questions where Mr O'Higgins renewed allegations that Rupert demanded $2 million as part of his deal to help bring down the republican mastermind.
Further claims were made that he was paid for another three years after McKevitt's 2003 trial in Dublin.
The solicitor was called to give evidence on Day 12 of the case against McKevitt, Seamus McKenna, Liam Campbell, Colm Murphy and Seamus Daly.
All five men deny the families' claims that they were responsible for the August 1998 bombing.
Mr McHugh was questioned by Mr O'Higgins, who wants to stop Rupert's evidence to the 2003 trial from being introduced in the hearings, about an affidavit to the court setting out how the FBI would not let the spy travel to Belfast or appear via video link for health and security reasons.
"There was a concern at the outset and it's a concern that increased after the murder of Denis Donaldson," Mr McHugh told him.
Mr Donaldson, Sinn Fein's one-time head of administration at Stormont, was gunned down in Co Donegal in April 2006 after confessing to being a paid British agent.
The FBI's refusal, apparently influenced by that shooting, left Mr McHugh disappointed, he said.
Later, Mr O'Higgins claimed the court should be troubled by the FBI's stance and alleged lack of reasons.
He told Mr Justice Morgan: "In this case we have an unprecedented situation.
"This is actually a government agency which is in a position to explain why this witness won't come to court and has received representations from a respected firm of solicitors asking for an explanation.
"[They are] asking the bare minimum that something would be put in writing and this government agency refuses point blank to do that and refuses point blank to give a reason.
"That, of itself, is not something that should be vested upon Mr McKevitt. On the contrary it's something that should be vested upon the plaintiffs and is in itself almost something which should stop this evidence [from Rupert] being admitted in the form in which its sought to be tendered."
Replying for the families, Lord Brennan QC urged the judge to back Mr McHugh's evidence without any need to speculate on FBI actions.
In a series of findings, Mr Justice Morgan accepted the solicitor made a number of attempts to get the US authorities to change their views and had tried unsuccessfully to obtain a written explanation.
"I accept that a view was expressed by the FBI agent that the giving of oral evidence by DR [Rupert] would be likely to increase publicity in respect of him and thereby increase the risk to him," the judge said.
"I am not aware of any assessment which has been carried out in respect of the risk to DR if he were to give evidence by video link in this trial, although I am aware that the PSNI has assessed the risk to him as severe if he were to come to this jurisdiction to give evidence."
The trial continues.
HE FBI refused to let Real IRA infiltrator David Rupert testify at the Omagh bomb civil action following the assassination of a top republican unmasked as a British spy, the High Court heard yesterday.
Jason McHugh, the solicitor for the families of victims suing five men over the atrocity which claimed 29 lives including a woman pregnant with twins, went into the witness box to disclose how Denis Donaldson's murder led to a heightened threat assessment against the American.
The lawyer said he was rebuffed by the US authorities and told the risk against Rupert would increase if he became involved in the trial in Belfast because of the "oxygen of publicity" it would cause.
During cross-examination by Michael O'Higgins SC, for convicted Real IRA leader Michael McKevitt, Mr McHugh also denied any offer of cash was ever made to the FBI mole.
It followed a series of questions where Mr O'Higgins renewed allegations that Rupert demanded $2 million as part of his deal to help bring down the republican mastermind.
Further claims were made that he was paid for another three years after McKevitt's 2003 trial in Dublin.
The solicitor was called to give evidence on Day 12 of the case against McKevitt, Seamus McKenna, Liam Campbell, Colm Murphy and Seamus Daly.
All five men deny the families' claims that they were responsible for the August 1998 bombing.
Mr McHugh was questioned by Mr O'Higgins, who wants to stop Rupert's evidence to the 2003 trial from being introduced in the hearings, about an affidavit to the court setting out how the FBI would not let the spy travel to Belfast or appear via video link for health and security reasons.
"There was a concern at the outset and it's a concern that increased after the murder of Denis Donaldson," Mr McHugh told him.
Mr Donaldson, Sinn Fein's one-time head of administration at Stormont, was gunned down in Co Donegal in April 2006 after confessing to being a paid British agent.
The FBI's refusal, apparently influenced by that shooting, left Mr McHugh disappointed, he said.
Later, Mr O'Higgins claimed the court should be troubled by the FBI's stance and alleged lack of reasons.
He told Mr Justice Morgan: "In this case we have an unprecedented situation.
"This is actually a government agency which is in a position to explain why this witness won't come to court and has received representations from a respected firm of solicitors asking for an explanation.
"[They are] asking the bare minimum that something would be put in writing and this government agency refuses point blank to do that and refuses point blank to give a reason.
"That, of itself, is not something that should be vested upon Mr McKevitt. On the contrary it's something that should be vested upon the plaintiffs and is in itself almost something which should stop this evidence [from Rupert] being admitted in the form in which its sought to be tendered."
Replying for the families, Lord Brennan QC urged the judge to back Mr McHugh's evidence without any need to speculate on FBI actions.
In a series of findings, Mr Justice Morgan accepted the solicitor made a number of attempts to get the US authorities to change their views and had tried unsuccessfully to obtain a written explanation.
"I accept that a view was expressed by the FBI agent that the giving of oral evidence by DR [Rupert] would be likely to increase publicity in respect of him and thereby increase the risk to him," the judge said.
"I am not aware of any assessment which has been carried out in respect of the risk to DR if he were to give evidence by video link in this trial, although I am aware that the PSNI has assessed the risk to him as severe if he were to come to this jurisdiction to give evidence."
The trial continues.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0926
Published Date: 30-Apr-08
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