MCKEVITT TRIES ANOTHER LEGAL BID TO THWART FBI WITNESS
McKevitt tries another legal bid to thwart FBI witness
MICHAEL McKevitt, alleged chief of staff of the Real IRA when it carried out the Omagh bomb has launched another legal bid to thwart his trial by seeking to undermine the chief State witness.
This week, he brought a High Court application to force the disclosure of documents undermining the credibility of FBI agent David Rupert. The key witness in McKevitt's forthcoming trial, Rupert has received payments of �297,647 and $250,000 for his 'services' to date, Mr Justice O'Neill was told.
Additionally, it was claimed the British Security Services (BSS) had 'successfully and deliberately' misled prosecution counsel in Dublin into the belief that there were no acknowledgements of criminality on the part of Mr Rupert during a recent discovery hearing in McKevitt's case before the no-jury Special Criminal Court (SCC).
The SCC recently refused an application by his lawyers for the disclosure of documents, particularly material in the possession of the FBI and the BSS relating to Mr Rupert. At the High Court in Dublin on Monday, Mr Hugh Harriett SC, for Mr McKevitt sought leave to apply for orders quashing that refusal and the hearing will resume today before Mr Justice O'Neill.
In an affidavit, Mr James MacGuill, solicitor for Mr McKevitt said certain documents furnished to the defence to date 'show very clearly that a great deal of material relating to David Rupert has been edited by people involved in the evidence gathering process'.
Various aspects of documents disclosed to date 'have been treated in such a manner as to erase significant portions of the material in such a way as to make them incomprehensible', Mr MacGuill said.
Mr MacGuill reiterated that the credibility of Mr Rupert would be the principal issue in McKevitt's prosecution.
It appeared Mr Rupert had been investigated on at last two occasions in relation to crimes of dishonesty 'and that he appears to have had a lifelong association with criminality'.
Rupert was the one who had allegedly admitted to having participated in a dummy run for dissident Republicans for the Omagh bomb.
No information had been disclosed relating to the relationship between Rupert and the Garda, not withstanding it being apparent from other materials that there was extensive contact between him and the members of the force.
It was alleged Mr Rupert did not receive any monies from the Gardai but there was clear evidence that senior officials in the Garda took a sceptical view of Mr Rupert's bona fides and his motives for providing information to agencies in Britain and the US.
Mr MacGuill said the DPP has not been given all the material in the possession of the BSS relating to Mr Rupert. That material had not even been disclosed to leading prosecution counsel, Mr George Bermingham SC.
It was a unique feature of this case that a UK Treasury Counsel, Mr Simon Denison, was the person charged with evaluating material held by the BSS in the matter, the solicitor added. It was Mr Denison and not the DPP who had the role of deciding what might be disclosed to the defence in a criminal trial in Ireland.
Mr Denison had already told the SCC he could not say he had been given all the relevant material.
Where material harmful to the credibility of Mr Rupert existed the BSS had suggested bringing into evidence a further statement casting doubt on alleged admissions by Mr Rupert of involvement in criminality and suggesting such comments had been misunderstood or misreported.
Mr McKevitt (51), with an address in Blackrock, Dundalk, County Louth, is in custody awaiting trial before the non-jury SCC next February.
He is charged with membership of an unlawful organisation, otherwise 'Oglaigh na hEireann', and with directing terrorism between August 29,1991, and March 28, 2001.
MICHAEL McKevitt, alleged chief of staff of the Real IRA when it carried out the Omagh bomb has launched another legal bid to thwart his trial by seeking to undermine the chief State witness.
This week, he brought a High Court application to force the disclosure of documents undermining the credibility of FBI agent David Rupert. The key witness in McKevitt's forthcoming trial, Rupert has received payments of �297,647 and $250,000 for his 'services' to date, Mr Justice O'Neill was told.
Additionally, it was claimed the British Security Services (BSS) had 'successfully and deliberately' misled prosecution counsel in Dublin into the belief that there were no acknowledgements of criminality on the part of Mr Rupert during a recent discovery hearing in McKevitt's case before the no-jury Special Criminal Court (SCC).
The SCC recently refused an application by his lawyers for the disclosure of documents, particularly material in the possession of the FBI and the BSS relating to Mr Rupert. At the High Court in Dublin on Monday, Mr Hugh Harriett SC, for Mr McKevitt sought leave to apply for orders quashing that refusal and the hearing will resume today before Mr Justice O'Neill.
In an affidavit, Mr James MacGuill, solicitor for Mr McKevitt said certain documents furnished to the defence to date 'show very clearly that a great deal of material relating to David Rupert has been edited by people involved in the evidence gathering process'.
Various aspects of documents disclosed to date 'have been treated in such a manner as to erase significant portions of the material in such a way as to make them incomprehensible', Mr MacGuill said.
Mr MacGuill reiterated that the credibility of Mr Rupert would be the principal issue in McKevitt's prosecution.
It appeared Mr Rupert had been investigated on at last two occasions in relation to crimes of dishonesty 'and that he appears to have had a lifelong association with criminality'.
Rupert was the one who had allegedly admitted to having participated in a dummy run for dissident Republicans for the Omagh bomb.
No information had been disclosed relating to the relationship between Rupert and the Garda, not withstanding it being apparent from other materials that there was extensive contact between him and the members of the force.
It was alleged Mr Rupert did not receive any monies from the Gardai but there was clear evidence that senior officials in the Garda took a sceptical view of Mr Rupert's bona fides and his motives for providing information to agencies in Britain and the US.
Mr MacGuill said the DPP has not been given all the material in the possession of the BSS relating to Mr Rupert. That material had not even been disclosed to leading prosecution counsel, Mr George Bermingham SC.
It was a unique feature of this case that a UK Treasury Counsel, Mr Simon Denison, was the person charged with evaluating material held by the BSS in the matter, the solicitor added. It was Mr Denison and not the DPP who had the role of deciding what might be disclosed to the defence in a criminal trial in Ireland.
Mr Denison had already told the SCC he could not say he had been given all the relevant material.
Where material harmful to the credibility of Mr Rupert existed the BSS had suggested bringing into evidence a further statement casting doubt on alleged admissions by Mr Rupert of involvement in criminality and suggesting such comments had been misunderstood or misreported.
Mr McKevitt (51), with an address in Blackrock, Dundalk, County Louth, is in custody awaiting trial before the non-jury SCC next February.
He is charged with membership of an unlawful organisation, otherwise 'Oglaigh na hEireann', and with directing terrorism between August 29,1991, and March 28, 2001.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1127
Published Date: 19-Dec-02
Related Images
There have been no images archived for this article.