MCDEVITT DEFENCE TEAM SEEK FOR TRIAL TO BE HALTED
McDevitt defence team seek for trial to be halted
THE McKevitt trial took a dramatic twist on Tuesday when lawyers for the alleged "Real IRA leader", Michael McKevitt, applied at the Special Criminal Court for the trial to be halted.
The application followed claims that the defence case had been 'irreparably damaged' because documents relating to the evidence of the key witness, FBI agent David Rupert, were not disclosed until after he had left the stand.
McKevitt's counsel, Hugh Hartnett SC told the court that the documents showed inconsistencies in Rupert's proposed evidence in connection with a meeting of the 'Real IRA" Army Council in Co Louth on February 17, 2000 and his actual evidence.
After further legal submissions, the State responded by saying it was open to the defence "to bring Mr Rupert back" if it felt this was necessary.
However, George Birminghan SC said that would be "an unnecessary exercise."
Previously the court had heard Garda say they saw the alleged Real IRA chief meet with FBI agent Rupert in Co Louth.
Detective Garda Sergeant Thomas Healy, who was giving evidence about the surveillance operation, rejected suggestions from McKevitt's lawyers that the meeting never actually took place.
He told the court: "Someone has a great imagination and it's not me."
Michael McKevitt (53) of Beech Park, Blackrock, Dundalk, Co Louth denies membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise the IRA, and also denied directing the activities of the same organisation.
Under cross-examination at Dublin's Special Criminal Court Det Sgt Healy was asked about a surveillance operation he led outside Oakland Park, Dundalk, on February 18, 2000.
He said he saw the two men speaking together outside the house and that Mr Rupert left with another man.
McKevitt's lawyer said it was the defendant's case that he was not there that night.
The detective replied the account he gave to the court was accurate, adding: "I'm a fair and honest man."
He said that in order to protect current and future Garda intelligence operations it was not possible to give certain pieces of information about how he and his team surveyed the house.
"I am not trying to be evasive. I'm trying to protect my colleagues."
Next to give evidence was Detective Garda Fergal O'Brien who said he watched the meeting from a van parked opposite the .house and crouched behind the front seats so as not to be seen.
Earlier in the trial, FBI agent David Rupert denied allegations from the defence that he had never met McKevitt and that he had fabricated his evidence.
The former trucking company boss was hired by the FBI and MI5 to infiltrate dissident republican groups in Ireland during the 1990s.
He spent 15 days in the witness box testifying against McKevitt.
The previous week, Rupert said he had asked the FBI for two million dollars after tax for agreeing to testify again McKevitt.
Rupert said initially he was not interested in testifying and wanted to 'walk away' after taking what was in his contracts as an intelligence operative. But when he watched a television programme on the 1998 Omagh bombing,"I decided differently".
"Since then we have had 9/11 and I'm happy I did," he added. Rupert said "the money had always been in the picture" but added that after what he had been through over the past two and a half years, including death threats to his step-daughter and brother, "there wasn't enough money."
He told Hugh Hartnett SC, defending that he agreed to testify in the latter part of 2000 "for a large sum of cash and in the right circumstances".
He said: "The right circumstances were the prosecution would do something to stop the bloodshed brought about by the 'Real lRA'".
Rupert said that he asked the FBI for two million dollars after tax to cover his security for the rest of his life and to replace lost wages. "That was what we were going to need to see us through the rest of our lives," he added. He said the money was not for testifying. "I wanted it for security and for the damage agreeing to testify was going to cause us," he added.
The trial is continuing.
THE McKevitt trial took a dramatic twist on Tuesday when lawyers for the alleged "Real IRA leader", Michael McKevitt, applied at the Special Criminal Court for the trial to be halted.
The application followed claims that the defence case had been 'irreparably damaged' because documents relating to the evidence of the key witness, FBI agent David Rupert, were not disclosed until after he had left the stand.
McKevitt's counsel, Hugh Hartnett SC told the court that the documents showed inconsistencies in Rupert's proposed evidence in connection with a meeting of the 'Real IRA" Army Council in Co Louth on February 17, 2000 and his actual evidence.
After further legal submissions, the State responded by saying it was open to the defence "to bring Mr Rupert back" if it felt this was necessary.
However, George Birminghan SC said that would be "an unnecessary exercise."
Previously the court had heard Garda say they saw the alleged Real IRA chief meet with FBI agent Rupert in Co Louth.
Detective Garda Sergeant Thomas Healy, who was giving evidence about the surveillance operation, rejected suggestions from McKevitt's lawyers that the meeting never actually took place.
He told the court: "Someone has a great imagination and it's not me."
Michael McKevitt (53) of Beech Park, Blackrock, Dundalk, Co Louth denies membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise the IRA, and also denied directing the activities of the same organisation.
Under cross-examination at Dublin's Special Criminal Court Det Sgt Healy was asked about a surveillance operation he led outside Oakland Park, Dundalk, on February 18, 2000.
He said he saw the two men speaking together outside the house and that Mr Rupert left with another man.
McKevitt's lawyer said it was the defendant's case that he was not there that night.
The detective replied the account he gave to the court was accurate, adding: "I'm a fair and honest man."
He said that in order to protect current and future Garda intelligence operations it was not possible to give certain pieces of information about how he and his team surveyed the house.
"I am not trying to be evasive. I'm trying to protect my colleagues."
Next to give evidence was Detective Garda Fergal O'Brien who said he watched the meeting from a van parked opposite the .house and crouched behind the front seats so as not to be seen.
Earlier in the trial, FBI agent David Rupert denied allegations from the defence that he had never met McKevitt and that he had fabricated his evidence.
The former trucking company boss was hired by the FBI and MI5 to infiltrate dissident republican groups in Ireland during the 1990s.
He spent 15 days in the witness box testifying against McKevitt.
The previous week, Rupert said he had asked the FBI for two million dollars after tax for agreeing to testify again McKevitt.
Rupert said initially he was not interested in testifying and wanted to 'walk away' after taking what was in his contracts as an intelligence operative. But when he watched a television programme on the 1998 Omagh bombing,"I decided differently".
"Since then we have had 9/11 and I'm happy I did," he added. Rupert said "the money had always been in the picture" but added that after what he had been through over the past two and a half years, including death threats to his step-daughter and brother, "there wasn't enough money."
He told Hugh Hartnett SC, defending that he agreed to testify in the latter part of 2000 "for a large sum of cash and in the right circumstances".
He said: "The right circumstances were the prosecution would do something to stop the bloodshed brought about by the 'Real lRA'".
Rupert said that he asked the FBI for two million dollars after tax to cover his security for the rest of his life and to replace lost wages. "That was what we were going to need to see us through the rest of our lives," he added. He said the money was not for testifying. "I wanted it for security and for the damage agreeing to testify was going to cause us," he added.
The trial is continuing.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1554
Published Date: 24-Jul-03
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