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A P P E A R A N C E S The Sole Member : His Honour Judge Peter Smithwick For the Tribunal : Mrs. Mary Laverty, SC Mr. Justin Dillon, SC Mr. Dara Hayes, BL Mr. Fintan Valentine, BL Instructed by: Jane McKevitt Solicitor For the Commissioner of An Garda Siochana : Mr. Diarmuid McGuinness, SC Mr. Michael Durack, SC Mr. Gareth Baker, BL Instructed by: Mary Cummins CSSO For Owen Corrigan : Mr. Jim O'Callaghan, SC Mr. Darren Lehane, BL Instructed by: Fintan Lawlor Lawlor Partners Solicitors For Leo Colton : Mr. Paul Callan, SC Mr. Eamon Coffey, BL Instructed by: Dermot Lavery Solicitors

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A P P E A R A N C E S

The Sole Member: His Honour Judge Peter Smithwick

For the Tribunal: Mrs. Mary Laverty, SCMr. Justin Dillon, SCMr. Dara Hayes, BLMr. Fintan Valentine, BL

Instructed by: Jane McKevitt

Solicitor

For the Commissioner of An Garda Siochana: Mr. Diarmuid McGuinness, SC

Mr. Michael Durack, SCMr. Gareth Baker, BL

Instructed by: Mary CumminsCSSO

For Owen Corrigan: Mr. Jim O'Callaghan, SCMr. Darren Lehane, BL

Instructed by: Fintan Lawlor Lawlor Partners Solicitors

For Leo Colton: Mr. Paul Callan, SCMr. Eamon Coffey, BL

Instructed by: Dermot Lavery Solicitors

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For Finbarr Hickey: Fionnuala O'Sullivan, BL

Instructed by: James MacGuill & Co.

For the Attorney General: Ms. Nuala Butler, SCMr. Douglas Clarke, SC

Instructed by: CSSO

For Freddie Scappaticci: Eavanna Fitzgerald, BLPauline O'Hare

Instructed by: Michael FlaniganSolicitor

For Kevin Fulton: Mr. Neil Rafferty, QC

Instructed by: John McAtamneySolicitor

For Breen Family: Mr. John McBurney

For Buchanan Family/Heather Currie: Ernie Waterworth

McCartan Turkington BreenSolicitors

For the PSNI: Mark Robinson, BL

NOTICE: A WORD INDEX IS PROVIDED AT THE BACK OF THIS TRANSCRIPT. THIS IS A USEFUL INDEXING SYSTEM, WHICH ALLOWS YOU TO QUICKLY SEE THE WORDS USED IN THE TRANSCRIPT, WHERE THEY OCCUR AND HOW OFTEN.

EXAMPLE: - DOYLE [2] 30:28 45:17

THE WORD “DOYLE” OCCURS TWICEPAGE 30, LINE 28PAGE 45, LINE 17

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I N D E X

Witness Page No. Line No.

DAN PRENTY

EXAMINED BY MR. DILLON 2 1

CROSS-EXAMINED BY MR. McGUINNESS 26 10

CROSS-EXAMINED BY MR. O'CALLAGHAN 31 5

CROSS-EXAMINED BY MR. RAFFERTY 54 29

MICHAEL McGILL

EXAMINED BY MR. VALENTINE 62 1

CROSS-EXAMINED BY MR. COFFEY 79 11

CROSS-EXAMINED BY MR. RAFFERTY 84 14

CROSS-EXAMINED BY MR. LEHANE 88 8

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THE TRIBUNAL RESUMED ON THE 22ND JUNE, 2012, AS FOLLOWS:

MR. DILLON: Morning, Chairman. Apologies for the delay.

It was due to the unexpected emergence of a document, which

I will mention when dealing with evidence to be given by

Mr. Prenty. We have two witnesses for you today. The

first is Mr. Dan Prenty and the second is a Mr. Michael

McGill. Mr. McGill can't be here before twelve o'clock,

so, if we finish with Mr. Prenty before then, I'll have to

ask you to rise until twelve o'clock.

CHAIRMAN: Certainly, yes.

MR. DILLON: So, Dan Prenty, please.

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DAN PRENTY, HAVING BEEN SWORN, WAS EXAMINED BY MR. DILLON

AS FOLLOWS:

CHAIRMAN: Thank you very much, Mr. Prenty, for coming back

again at short notice.

A. Thank you.

MR. DILLON: Now Chairman, there are two topics that I will

ask Mr. Prenty to deal with. The first is the matter of

the escort for Peter Robinson. That's a matter in respect

of which Mr. Prenty has provided a statement. The second

matter is the issue of the McAnulty kidnapping and the

reports prepared after that. The parties have been

notified that this subject is to be brought up. Mr. Prenty

has not made a statement on the matter, and, indeed, as it

happens, any statement he might have made has been

overtaken slightly by this recent development this morning

when a new document came to light. Now, this new document

is a further C77 provided by Mr. Corrigan, which -- the

existence of which was unknown to Garda Headquarters. We

understand it was unearthed in Drogheda. Unfortunately,

the copy which the guards have is virtually illegible, and

they are going to try to produce -- either find a better

copy or, using the rather poor copy, produce a précis,

because, in fairness to Mr. Corrigan, a précis of that

document should be produced and put in evidence. So they

are the two matters that I'll be asking Mr. Prenty about

today.

And the first matter I'll deal with is the escort of Peter

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Robinson. If Mr. Mills could put that up on the screen.

Now, the first set of documents are documents which have

been gleaned from a website -- sorry, the first set of

dates - I did say documents, and my apologies - the first

set of dates are dates that have been gleaned from a

website. Below the line are dates that have been provided

to the Tribunal by the Courts Service. So the sequence of

events appears to be that:

On the 7th of August, 1986, Mr. Robinson and other engaged

in a protest against the Anglo-Irish Agreement in

Clontibret, County Monaghan. The 14th August, 1986, there

were clashes outside Dundalk courthouse at appearance -- I

presume that's the appearance of Mr. Robinson. Then, on

the 2nd of October, bail was set in the sum stated there.

And on the 18th November, the proceedings were returned to

the Special Criminal Court for the 13th January, 1987. Now

the following dates are taken from the information provided

by the Courts Service. On the 13th January, 1987,

Mr. Robinson appeared at the Special Criminal Court, as it

then was in Green Street. He appeared again on the 14th

January, 1987, on the 15th January, 1987, and ultimately

his case was disposed of on the 16th January, 1987, by the

imposition of a fine.

So, they are the dates that need to be borne in mind when

considering what Mr. Prenty has to offer you.

Now, Mr. Mills, if you could take book 104, at page 70.

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Now, page 70, starting at question 258:

"Question: What I have to put to you is this: You

recall you mentioned to the Chairman that you had

provided escort services or duties to Peter

Robinson?

Answer: Yes.

Question: When you came to the Special Criminal

Court?

Answer: That's right.

Question: I think that was arising out of matters

that occurred in Clontibret?

Answer: That's right, yes.

Question: And you escorted him to and from, is that

right?

Answer: I don't know about to. All I can remember

is passing through Drogheda and him getting stuck in

snow and ice --

Question: His car, rather?

Answer: Yes.

Question: So that was the extent of your

involvement then in escorting Peter Robinson?

Answer: I don't understand your question.

Question: You mentioned to the Chairman that you

were involved in the matter of Peter Robinson?

Answer: Yes, I was in charge of the escort?

Question: You were in charge of the escort?

Answer: Yes.

Question: So you were in charge of the escort taking

him from the border?

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Answer: To the Special Criminal Court.

Question: And back up again, is that right?

Answer: I don't know. I can't recall coming back

up. All I can tell you is what I can, what I can

remember, and that is all I can state."

Then go down to -- well, I'll carry on.

Question 267:

"Question: Now, this is the point I need to put to

you which arose over lunchtime. Do you remember Dan

Prenty?

Answer: Yes.

Question: Now, Dan Prenty was in communication with

the Tribunal on a completely different matter.

Answer: Yes.

Question: Right. What he said to the Tribunal was

this: that you had nothing to do" -- that's

Mr. Corrigan had nothing to do -- "with the escort of

Peter Robinson.

Answer: Yeah.

Question: Do you agree or disagree?

Answer: I disagree."

Then, I mention it's going to be necessary to call you,

Mr. Prenty.

Now, to put matters in perspective. I think at the time

you were a Detective Inspector in Dundalk Garda Station, is

that correct?

A. That's correct, Judge.

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Q. Do you recall having any involvement in the escort of Peter 1

Robinson, either to or from the Special Criminal Court?

A. Initially --

Q. Sorry, would you speak into the microphone, if you don't 2

mind.

A. At the appearance in Dundalk District Court, is where I

first came in contact with Mr. Robinson and Mr. Paisley.

On the morning they were coming into the court, there was a

large operation, police operation mounted in Dundalk, for

security reasons, and I went to the border with an armed

escort to meet Mr. Paisley and Mr. Robinson. We met them

at the border, told them we would be taking them into

Dundalk courthouse, and we duly escorted them into the

courthouse, and a large crowd gathered outside, and there

was -- tension was very high. Now, I approached

Mr. Paisley in the courthouse and asked him to -- there was

objections being raised to the fact that they had Union

Jacks on their cars, and I asked Mr. Paisley if he would

agree to remove the Union Jacks and he readily agreed to do

so. However, Mr. McCrae, who was with him, objected, and

says, "No, the Union Jacks are staying there". At this

stage, we feared that there could be serious confrontation

if we returned them back through the town, so we decided,

having communicated with the RUC, that we would return them

to the north through County Monaghan, which we duly did.

When we arrived at the border in Monaghan, Mr. Paisley

dismounted from his car and came back to us, thanked us for

the escort and shook hands with us all and hoped that -- he

inquired if there was any trouble in Dundalk, and we told

him there was some trouble. Then, he inquired if anybody

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was injured, and we hold him, no, not that we had heard of.

Eventually, as you stated, he was -- Peter Robinson was

returned for trial to the Special Criminal Court, and I was

responsible for arranging the escort and supervision.

Q. When you say you were responsible for arranging the escort, 3

what does that involve?

A. That involved detailing members of Detective Branch in

Dundalk, going to the border and escorting Mr. Robinson,

Mr. Paisley and his companions. I think there were two

cars.

Q. And what was -- what was the nature of the escort? 4

A. An armed escort.

Q. Were you in Garda cars? 5

A. Yes. Oh, we were in unmarked Garda cars.

Q. And were your cars proceeding and following the cars with 6

Mr. Robinson and Dr. Paisley?

A. As far as I remember, a car arrived from SDU to assist in

the escort, and to lead -- they would be required to lead

us into the Special Criminal Court through traffic.

Q. Now, you mentioned, I think, in relation to the -- in 7

Dundalk courthouse appearance, on that occasion you were

armed, is that right?

A. Oh, everybody was armed, yeah.

Q. And did that apply also on the trip to the Special Criminal 8

Court?

A. Of course, yes.

Q. Very well. What sort of arms did you carry? 9

A. Well, they would be Uzi submachine guns and revolvers.

Q. Very well. And just pause there for a second. What -- how 10

does it come about that a Garda officer is assigned a

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weapon, because, in principle, the force is unarmed, isn't

that right?

A. All Detective Branch members have to qualify in the use of

firearms.

Q. How is that done? 11

A. They have to undergo a course on the firearms range when

they are put through the procedure of dismantling the

weapon, reassembling it and firing so many rounds, and the

way you handle the gun and keep your weapon, all them

things are taken into consideration.

Q. Very well. Now, is the member then issued with a gun 12

certificate, or what happens after that?

A. The instructor issues a qualification, certificate, I don't

know what the nature of it is, but he certifies that

such-and-such a member is qualified to carry a weapon.

Q. We have come across, on Mr. Corrigan's personnel file, a 13

number of these certificates, and if you could help us with

them. As you can see, it's for Detective Sergeant

Corrigan; gives his number, his station, the division, fire

course at Red Barns - is that a nearby range?

A. That's an army firing range in Dundalk.

Q. Very well. It's dated 6/10 -- that's the 6th October, 14

1986. And it seems that - just help us with this - he was

tested for an Uzi, is that right?

A. Yes.

Q. And it's described as "basic refresh". I presume "refresh" 15

means a refresher course?

A. Yes. Well, he would have previously undergone --

initially, he would have done a training course, yes.

Q. Yes. So, refresh. And then there is a "finding of 16

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competence," is "yes" or "no," isn't that right?

A. Yes.

Q. And the box "no" is ticked? 17

A. Yes.

Q. Now, I'll come to the next one, which is a Walther pistol. 18

Same entries: "refresh," and the box "no" is ticked. And

it's signed by D.C. Burke, Sergeant. Do you know who D.C.

Burke is, as a matter of interest?

A. I don't, but I assume he was an instructor in the firearms

department.

Q. And then it's countersigned by a superintendent. Can you 19

make out the name there?

A. Brian Garvey.

Q. Very well. So, what happens now, what is Mr. Corrigan's 20

status following this particular -- the issue of this

certificate? Is he entitled to bear arms?

A. No.

Q. Very well. We'll go on to the next one that we came 21

across, and that is, I think, dated 21/1/1987. And it

seems that there was testing carried out on that date and

up to 28/1/'87. Do you see that there?

A. Yeah, 21 -- yeah.

Q. To 28/1/'87. If you just pause there for a second. Does 22

that mean that Mr. Corrigan was being examined over that

spread of dates? Why is there that spread of dates? Why

isn't it all done on one day, is really what I'm getting

at?

A. I wouldn't be in a position to answer that question.

Q. All right. 23

A. There were different weapons on different dates.

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Q. Okay. That's fine. 24

A. But I don't think that would be -- it states up there Uzi

submachine gun.

Q. Yes. On this occasion, he did a basic -- 25

A. It was only for the Uzi submachine gun he was being tested.

Q. That's right. But on this occasion he underwent a basic 26

course, isn't that right?

A. Yes.

Q. And on this occasion, he was found to be competent? 27

A. Yes, that appears so.

Q. Which means that he is competent to use that particular 28

weapon and may be assigned to him, isn't that right?

A. Yes.

Q. Now, the next one, Mr. Mills, is -- this time, it's dated 29

20/1 to the 22/1, and it relates to a .38 --

A. Sorry, the 20/1 to the 22/1 appears on that.

Q. Yes, that's right. 22/1/'87 -- 30

A. Sorry, I thought you said the 12th.

Q. If I did, my mistake, my apologies. Again, it's a basic 31

course, I suppose. And in relation to a .38 Spl, what's

that?

A. That's a revolver.

Q. That's a revolver, is it? 32

A. A 38 Special, it's called.

Q. Very well. And he was found to be competent in that? 33

A. Yes. Could I see -- who was deemed to have carried out

that inspection?

Q. Oh, I beg your pardon. Mr. Mills, if you put it down. 34

A. Carr, Sergeant Carr.

Q. No -- well, it's signed -- it's countersigned B. Garvey. 35

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A. That's right, but it's Sergeant Carr was the man --

Q. Very good. Okay. 36

A. Yeah. Is it the same man that did the previous test?

Q. I don't know. 37

A. Yes.

Q. Very good. So the next one, then, is, it runs from the 38

period of 23/1 to the 29/1/1987, and, on this occasion, I

think he was given a basic test in relation to the use of

the Uzi, isn't that right?

A. Uzi, yeah.

Q. And he was found to be competent? 39

A. Yes.

Q. So, I think we have dealt with them all now. I just want 40

to make sure you have dealt with them all. Just bear with

me a second, please. Yes, they are all the records in the

possession of the Tribunal in relation to Detective

Sergeant Corrigan's use and qualification for firearms.

Now, two things arise from all of that: Owen Corrigan said

to the Chairman that he was in charge of the escort. Is

that correct?

A. That would not be true.

Q. All right. He also mentioned an episode of the car getting 41

stuck in snow. Can you help the Chairman with that?

A. All I can tell the Chairman is that they had snow tyres on.

I don't know if you have ever seen them. It was the first

time ever I saw them, because we were surprised when they

arrived at the border with those things on their tyres, and

they were -- they came equipped for to deal with the snow,

and, as far as I am aware, there was no problem on the --

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the only problem I am aware of, as one evening they were

returning from the Special Criminal Court, a Garda car

developed a puncture and they weren't aware of it and

Mr. Paisley's driver signalled to them that there was

something wrong, and they stopped and they discovered that

they had a puncture, and, while they were repairing the

puncture, Mr. Paisley and his companions decided they would

have tea, and they had a little picnic in their car while

the guards were changing the tyre --

CHAIRMAN: They came --

A. Now, I wasn't present at that, but I know that incident

happened.

CHAIRMAN: The Special Criminal Court, they appeared on

three days?

A. That is correct.

CHAIRMAN: And, each day, they came from the north and were

escorted down?

A. That's correct.

CHAIRMAN: And were you in charge on each of the three

days?

A. I have a recollection of travelling on the first day, but I

didn't travel the second day, but I know that I would not

have detailed Sergeant Corrigan to take charge of the

escort.

Q. MR. DILLON: And why do you say that? 42

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A. Well, for many reasons.

Q. Well, had it anything to do with his proficiency in 43

firearms?

A. It would have to do -- yes. I was never happy with him

carrying firearms.

Q. But coming back to the certificates that have been put up 44

on the screen, it seems that the first -- of which the

Tribunal is aware, I have to stress that -- is that it was

on the 6/10/1986, do you see that?

A. Yes.

Q. Which precedes the dates in January 1987 --45

A. Yes.

Q. -- clearly. And he didn't pass, isn't that right? 46

A. That is correct.

Q. And I think you told the Chairman that he is not qualified, 47

then, to hold a weapon, is that right?

A. Yes.

Q. The next tests are on varying dates, but starting on the 48

20th, and -- sorry, the 20th January, 1987, and I think the

last date on which Mr. Robinson and his friends were in the

Special Criminal Court was the 16th January, 1987, isn't

that right?

A. Yes.

Q. So, is his lack of entitlement to carry a firearm, might 49

that have been a consideration in your detailing -- whether

you detailed Mr. Corrigan or any other person?

A. Oh, yes, that would be -- that would be a major

consideration, but, apart from that, I would not have

detailed him. There was another sergeant would have been

working that day, a very competent sergeant, and he would

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have taken charge of the escort, and only one sergeant

would have travelled.

Q. Now, I'll just leave that at that. 50

Now, Chairman, I am going to move on to another topic,

which, as I say, has been flagged to the parties. And, in

reality, I think we are not going to be able to conclude

the matter today with Mr. Prenty, because, as I said to you

earlier on, there came to light, just this morning, another

C77 prepared by Mr. Corrigan, which, unfortunately, is

virtually illegible. It's quite long, it's quite lengthy,

it runs to nearly three - well, two-and-a-bit pages, and it

is, frankly, illegible, and the guards have said they will

do their best to produce either a legible copy, or

certainly a legible précis, and that, I think, in fairness

to Mr. Corrigan, that does need to be prepared. So, to an

extent, unfortunately, whatever is dealt with today, won't

be concluded on this topic, so far as the Tribunal is

concerned, because we must wait to see what is in the

second document.

But, that said, Mr. Mills, could you take 105, please, page

53 of Day 105. I'll start there with question 148.

"Question: Now, Mr. Corrigan, when did you first

become aware that Mr. McAnulty had been kidnapped,

how soon after the event?

Answer: I can't recall now. I can't recall exactly

now. Sometime within the 24 hours, you know, within

24 hours, yeah. I had been following -- pursuing the

thing from the outset. This threat was ongoing for

sometime against him, you know, and I was expecting

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developments, and feared the worst because that was

my -- that was the tone of the message I had

received, that he was going to be executed, you know.

Question: Well, now, the question -- your report is

not dated?

Answer: Yeah."

Now, I'll just stop here for a second. You have had an

opportunity to read what is an undated report of Detective

Sergeant Corrigan, a C77, isn't that right?

A. Yes.

Q. And I think it does appear to be the case, from the second 51

document which came to light today, that, likely as not,

that that document is dated the 17th July, 1989, isn't that

right?

A. That's right.

Q. I think in that, what is readable is that he refers back to 52

his earlier report of the 17th July, 1989?

A. Yes.

Q. So that appears to be the date of this, of the précis in 53

question. I'll put it up on the screen in a second, but I

just want to run through the passage that needs to be put

to you.

"Question: You see, what I'm coming to is this: why

I asked you when you first became aware that John

McAnulty had been kidnapped?

Answer: I honestly can't tell you that.

Question: Do you think it was within 24 hours?

Answer: I should imagine. I don't know now, I can't

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honestly say.

Question: You see, an investigation team was

established at 9:30 the following morning."

That's information that the Tribunal gleans from the Garda

file. Now, could I just stop there for a second. Were you

involved in the investigation team?

A. I was at the scene of the kidnapping immediately after it

happened, the night before, and I was involved -- I was in

charge of the investigation.

Q. Now, we know, and indeed there is no issue on this, that 54

Detective Sergeant Corrigan signed on for duty, I think, at

ten o'clock that night, for the 10 to 6 a.m. shift, if I

can call it that. Did you attempt to contact Detective

Sergeant Corrigan?

A. He wasn't available, that's all I know.

Q. How was it that you knew that he wasn't available? 55

A. Well, standard procedure was, when an incident like that

happened, radio messages are sent out to members on duty,

and he didn't respond.

Q. In all events, did he appear at the point of kidnapping? 56

A. No.

Q. I see. You went -- it was a pub, is that right? 57

A. I beg your pardon?

Q. It was a pub -- it was from a pub that Mr. McAnulty was 58

kidnapped, is that right?

A. It was, yes, I think it was --

Q. And you went to the pub? 59

A. Yeah - well, he had a peculiar marriage relationship. The

woman who was with him that night was in Dromad Garda

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Station, and I went to see her.

Q. I see. Was it she who reported the abduction? 60

A. It was, yes.

Q. And could you help the Chairman with this: Is Dromad -- 61

geographically, is Dromad Station the closer to the point

of kidnap than Dundalk?

A. It is. And the pub was in the Dromad subdistrict.

Q. So -- 62

A. So people who would have any problems, it was open 24

hours, so that's where they would go.

Q. So it was natural just to go there rather than to go to 63

Dundalk?

A. Oh, yes.

Q. Now, again, going on what's on the Garda file, it seems 64

that the report was made at 12:25 a.m. to Dromad Station,

and then, subsequently, I presume, following from what you

said to the Chairman, you went out to the scene of the

kidnapping?

A. I did, indeed, yes.

Q. And then, later on that morning, at around about half past 65

nine, an investigation team was formed. Can you remember

who was on that team?

A. Well, there was Gene McArdle was the pen man on it, but I

wouldn't -- no, it would be unfair of me to attempt to --

Q. That's fine. 66

A. But I would be 99.9 percent sure that Mr. Corrigan would

not be on the team, for his unit would be working, or

deemed to be working late that week, and if they were

working, anybody working from 10 to 6 in the morning would

not be put on an investigation team.

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Q. All right. Now, who were the superior officers involved in 67

the investigation?

A. Well, John Nolan, Chief Nolan, and I don't recall if Tom

Connolly was there on that particular morning.

Q. Was Pat Tierney, perhaps? 68

A. And Pat Tierney, yeah, Pat Tierney would be there.

Q. All right. So, I'm now carrying on. 69

"Question: You see, an investigation team was

established at 9.30 the following morning; John

Nolan, I think, Superintendent Tierney?

Answer: Yes.

Question: So, at that point, the word would have

been out, and that was well within 24 hours?

Answer: Yes."

And then -- so -- and then:

"Answer: I didn't say at any stage, now, that I was

-- I never indicated to you, Mr. Chairman, that it

was from a Garda source. I believe it was elsewhere

in pursuance of my inquiries, because my information

was that his life-span was limited and that they had

decided -- "

Then, there is an issue whether he said within 24 hours or

24 hours later.

And then he went on to say, question 161:

"Question: Now, I think it wasn't from a Garda

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source you heard?

Answer: I am only saying it may not. As I told you,

I was in contact with individuals, which would be --

might be considered unsavoury elements, or whatnot,

less desirable, but, then again, I had a less than

desirable duty to investigate, what I was

investigating with great urgency at the time because

I believed that every hour that I could spend in

trying to save his life -- they were moving him in

the Hackballscross/south Armagh area, moving him

around."

Now, in terms of the day-to-day investigation, what input

did the investigating team, whether it was yourself or the

other members, and particularly yourself, receive from

Detective Sergeant Corrigan?

A. Well, I am pretty much amazed at some of that information

because nobody in Detective Branch in Dundalk had any

knowledge or it never was made known to us that McAnulty's

life was in danger or that there was any threat to his

life, and he was a well-known character on the border area,

and I assume -- I am pretty certain that if I got

information that his life was in danger, I would have

alerted all possible security sources, with a view to

having him moved out of the place, or him taking steps to

protect him. He obviously didn't -- he wasn't under threat

or didn't believe he was under threat when he went to this

pub on that night, because it is in an isolated place and

an ideal location for a kidnapping or a murder.

Q. Well, I can put this to you, and the Chairman has heard 70

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this evidence from one of his handlers, that the handler

learnt, after Mr. McAnulty had been kidnapped and murdered,

that he had gone around with an axe in his car. Were you

aware of that?

A. Yes - well, when we searched the car, we found the axe in

his car.

Q. Yeah... 71

A. I don't know if I mentioned that in the report or not, but,

certainly, we found a small axe. It was under a mat where

he sat in the car.

Q. Well, might that have conveyed at the time -- be very 72

careful; we are talking about what you knew or understood

to be the case at the time, not now, with hindsight. At

the time, did that not indicate to you that he thought he

might be in danger?

A. Well, the type of business he was in, I would imagine he --

he was called 'Big Note', and the reason for that was that

no matter when you met him or where he was, he done his

business out of his top pocket; he carried a roll of,

maybe, one-hundred-pound notes in his top pocket, and if he

met anybody that he owed a few pound to, he would -- the

way he addressed him was, "I owe you a big note," and he

would take out a roll of hundreds or fifties, even if he

only owed you twenty-five, to pay it, and, as a consequence

of that, he was known as 'Big Note'. And I imagine him

carrying a hatchet around might have something to do with

that. I don't know, maybe he knew himself he was in

danger, but he didn't convey that to the RUC or he didn't

convey it to us.

Q. Now, it's now apparent that Owen Corrigan sent in a C77; 73

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indeed, he sent in two C77s. Up to today's date, we were

aware of only one in the matter, and I'm going to ask

Mr. Mills to put it up -- sorry, I may be wrong. There was

also a shorter one, my apologies. But for the time being,

we'll focus on this one. So this is undated and ungraded,

but we now should be in a position to give it a date, which

is the 17th July, 1989.

Now, the next thing you see, it's ungraded. The Chairman

has heard - I'd be grateful if you could confirm this -

that when a C77 is sent into Headquarters, it is graded, is

that right?

A. Well, I assume so. They never let me in on the secrets of

how they do these things.

Q. No, just a second, now. That the grading was carried out 74

in Headquarters, is that right?

A. Well, yes, if there was a grading, that's where it would be

done.

Q. Yes. If a document is not graded, what does that convey? 75

A. That there wouldn't be a lot of significance attached to

it, I would imagine.

Q. Now, it goes as follows: 76

"Garda information reported that John McAnulty had

been abducted by the south Armagh PIRA unit and of being

held by them. Reported it was believed that a decision to

execute Mr. McNulty" -- that's what it says -- "had been

taken by PIRA. Reported that McAnulty had recently been

involved in litigation with a named company in the Republic

of Ireland. Reported that McAnulty had approached PIRA and

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asked them to put pressure on the management of the company

not to pursue their litigation against him. Members of

south Armagh PIRA then threatened the senior management of

the company. PIRA was to receive a financial payment in

return. Meanwhile, McAnulty was arrested in Northern

Ireland and questioned about grain smuggling. He was

released from custody without charge and this led PIRA to

believe that he may have given information to the

authorities.

The information stated that a named person had telephoned

PIRA and provided information that assisted the abduction.

The document named the PIRA commander and the PIRA unit who

were responsible for the abduction of Mr. McAnulty. The

same PIRA unit was responsible for the earlier threat

against the company management and was also responsible for

the murders of RUC officers Breen and Buchanan. The Garda

member reported that he was monitoring the situation

closely and may have further information regarding the

identity of the culprits and the location of the house

where Mr. McAnulty was being held."

Now, I think it's the case that on the 20th November, 1989,

you prepared a report of the Garda investigation -- is it

October? Well, anyway, you prepared a substantial

report...

A. Yes.

Q. ... on the Garda investigation, is that right? 77

A. That is correct.

Q. Okay. And that report went -- well, went to Garda 78

Headquarters, is that right?

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A. That's right, yes.

Q. And, in it, you described what had happened, what the 79

guards were doing, what information had been uncovered in

the course of the investigation, isn't that right?

A. Yes, correct, Judge.

Q. And I think that the -- clearly, this investigation remains 80

an open investigation because nobody has been brought to

book, isn't that right?

A. That is correct.

Q. So, can you tell the Chairman, what were your sources for 81

the information that you put into that report? When I say

"information," I am not referring necessarily to

intelligence, but all matters that went into the report,

what were your sources?

A. Well, there would be communication with the RUC, Customs in

Northern Ireland, Customs in the south, members of his

family, people who were at the scene that night. His

brother was -- who worked with him for years and years, and

came to the station in Dromad that night and filled us in

on a lot of the material that's in that report.

Q. What about Garda sources, who -- which gardaí provided you 82

with sources -- sorry, with information?

A. There was -- the information that appears there never came

to me as -- I knew most of that, anyhow; that was general

information that's there. So -- but it never came to me as

an official confidential information.

Q. Can I just ask you this question, and I think you had an 83

opportunity to read the Garda file this morning, isn't that

right?

A. Yes.

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Q. And there appears to be, on the Garda file, a letter from 84

Crime and Security, from the Assistant Commissioner to

Chief Superintendent Nolan, dated 31st July, 1989. Did you

have an opportunity to read that letter?

A. I did, yes.

Q. And, in general terms, can you explain to the Chairman what 85

that letter sets out?

A. Well, it's a repeat of -- it's turning over that without

comment as far as -- it's turning over that information and

furnishing it to Chief Superintendent Nolan.

Q. Sorry, when you say "that information," are you referring 86

to what's on the screen, is that right?

A. Yes.

Q. All right. Now, when you came to do your report, which was 87

a couple of months later, did the information contained in

the Assistant Commissioner's minute make its way into your

report?

A. No.

Q. Were you aware, at the time that you wrote your report, of 88

that letter or that minute from the Assistant Commissioner?

A. No.

Q. Now, at this point, in the ordinary course, Chairman, I'd 89

go on to the next document which came to light this

morning. I can't deal with that now. But I think

Mr. Prenty has kindly indicated that he'll come back to

deal with that once we have a correct -- an either legible

version or a legible précis.

CHAIRMAN: How soon can that happen?

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MR. DILLON: I don't know. There is no question of doing

it today, absolutely not, we understand that.

CHAIRMAN: What I was wondering, if we could get this out

of the way before Mr. Corrigan returns to the box.

MR. DILLON: Well, indeed, yes, or to take it first thing

on Friday morning, if need be.

CHAIRMAN: Yes, but it would be nice if we could deal --

MR. DURACK: We'll attempt to do it as soon as possible.

MR. DILLON: That's as far as I can take matters for the

moment. I don't know whether parties wish to reserve their

cross-examination until the full document goes in, or

whether they wish to cross-examine now. That's as far as I

can go with that.

A. Judge, I have a problem in relation to next week. I can't

be here next week. The only holiday I take in the year, I

am taking it next week, and I have already paid for it.

MR. DILLON: We won't interfere with that, clearly. The

following week, how do you stand?

A. I presume, everything going well, that I should be able to

appear some day the following week.

Q. I am going to push my luck here, maybe; like, the Monday? 90

A. I assume so -- I can't give you an exact date --

Q. We'll cross that bridge when we come to it. But at all 91

events, you are not available next week?

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A. No.

CHAIRMAN: I think it might be advisable, if people

cross-examined, they could then cross-examine again if

something further arose out of this extra document.

MR. McGUINNESS: I have a few questions, and then I'll

reserve my position on that.

THE WITNESS WAS CROSS-EXAMINED BY MR. McGUINNESS

AS FOLLOWS:

Q. MR. McGUINNESS: Mr. Prenty, I appear for An Garda 92

Siochana, as you know. And I think in relation to

Mr. McAnulty's kidnapping, that came to Garda attention at

about 12:25 a.m. on the early morning of the 17th July,

isn't that correct?

A. Well, I wouldn't have received the report, but that's what

was brought to my attention.

Q. Yeah, but that's -- you knew that Mrs. McAnulty, perhaps 93

his former wife at that time, was driven to Dromad Garda

Station at around that time?

A. Yes.

Q. And reported the kidnap by six armed and masked men? 94

A. Yes.

Q. And Dundalk was alerted, the Chief Superintendent's office 95

in Dundalk was alerted immediately, isn't that right?

A. No, the Chief Superintendent's office wouldn't be open at

that time. The information room in Dundalk would have

been.

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Q. Well, certainly Control Room at Dundalk Garda Station was 96

alerted immediately?

A. Yes.

Q. And details of the incident were immediately circulated, 97

and the divisional and district officers were notified

also, isn't that correct?

A. That's standard procedure, yes.

Q. And is it correct that immediate steps were taken to mount 98

mobile patrols that night?

A. I have already given evidence to that effect, Judge.

Q. And that the RUC were similarly alerted --99

A. That's correct.

Q. -- at that time? And you went to the scene then, and you 100

were the first officer of rank at the scene then?

A. I would have gone to the -- directly to the scene, having

left instructions in the Control Room for to make --

distribute the information, as you have set out.

Q. I think, contrary to what you have told the Chairman, you 101

didn't take charge of the investigation because Chief

Superintendent Nolan and Superintendent Tierney turned up

at the scene and took charge?

A. I would dispute that.

Q. Did they turn up at the scene and take charge? 102

A. Not that night.

CHAIRMAN: Did they take charge the following morning?

A. That would be -- yes.

Q. MR. McGUINNESS: Well, was there not a controversy arising 103

out of a telex that you sent giving initial information

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about the scene when you omitted to refer to the presence

of Chief Superintendent Nolan and Superintendent Tierney at

the scene that night?

A. There was no controversy. The telex was correct, but the

inference from Headquarters was that I was assuming

responsibility for -- over and above my duties or

responsibilities, but Chief Superintendent Nolan was in

Dublin that night, and I don't know where -- I can't say at

this stage where Pat Tierney was, but he wasn't -- he

didn't come to the scene that night. Superintendent Nolan

was reprimanded by, I think it was Commissioner Doherty at

the time, or maybe Crowley, I'm not sure, because my name

appeared on the telex. He obviously was reprimanded by

somebody in the Department of Justice as to why the Chief

didn't go to the scene at that stage, but there was no

controversy. There was nothing -- nothing was attached to

me; I did my job properly, and that's all I could do.

Q. Well, did the Commissioner's office not send a missive down 104

immediately because of your report, because it failed to

mention Superintendent Tierney and Chief Superintendent

Nolan, and was asking whether the senior officers had taken

charge of the scene or not or whether you were the only

officer who had been there?

A. Well, that wouldn't have come to me.

Q. Well, didn't you learn of it, and weren't you dressed down 105

by Chief Superintendent Nolan for putting in a misleading

report?

A. I didn't put in a misleading report; I put in a true

report. I beg to differ with you.

Q. Okay. And in your report that Mr. Dillon has referred to, 106

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the written report of the 20th of October, you record that

"the scene at Rosewood licensed premises, Drumcar, Dromad,

Co. Louth was visited by Chief Superintendent J.J. Nolan

and Superintendent Patrick Tierney."

A. Did I say when?

Q. "Chief Superintendent Nolan took charge of the 107

investigations and directed operations."

A. Yes.

Q. Is that right? 108

A. That is correct.

Q. And then the next thing you record is later that morning, 109

at 9:30, the conference was held, formally setting up the

investigation team?

A. Yes.

Q. And do you accept that the senior officers came to the 110

scene or not?

A. I am telling you what happened exactly.

Q. And Mr. Dillon has referred to the Commissioner's letter, 111

which replicates a lot of the information in Mr. Corrigan's

C77. Are you telling the Chairman that you never became

aware of the content of that?

A. I am, yes.

Q. And is it not the case that, in writing your report, you 112

would have to be aware not of the origin of any particular

intelligence information or of the member who provided it,

but of the substance of it?

A. I don't know where you draw that conclusion from. I don't

have to be aware of anything. I didn't have to be aware of

anything if I wasn't told.

Q. Well, in compiling your report -- 113

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A. Do you have --

Q. -- were you not briefed by Chief Superintendent Nolan -- 114

A. Has somebody told you that I was told this?

Q. I'm asking you what occurred, and I'm suggesting to you -- 115

you can disagree if you want, Mr. Prenty --

A. I have disagreed already.

Q. Did Chief Superintendent Nolan make you aware of any 116

intelligence that had come to Dundalk about the abduction

of Mr. McAnulty?

A. No, certainly nothing in the nature of what is recorded in

that letter.

Q. But -- 117

A. But, in any event, that information about the persons

mentioned in it was common knowledge in Dundalk.

Q. Well, you have seen the précis of the C77 that was put on 118

the screen, you have seen the original of that, you have

seen a subsequent short one and you have seen the one which

was produced today, which is very difficult to read. Are

you telling the Tribunal that you were not made aware by

anyone, in any form, of the content of those?

A. I'm telling the Tribunal that most of that information that

is in them C77s would be common knowledge in Dundalk. I

was aware of them from the early -- early on, because I was

briefed by his brother, who had all the information that

was available about his activities and his arrest and

release and [redacted] and -- excuse me, Judge, for

mentioning his name -- all that, all that, I knew.

MR. McGUINNESS: Chairman, could I reserve any further

questioning in relation to the matter.

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CHAIRMAN: Of course, yes. Any questions? Yes,

Mr. O'Callaghan.

THE WITNESS WAS CROSS-EXAMINED BY MR. O'CALLAGHAN

AS FOLLOWS:

Q. MR. O'CALLAGHAN: Good morning, Mr. Prenty. I appear for 119

Owen Corrigan. Could I start with the issue pertaining to

Mr. Robinson. Mr. Dillon read you out the transcript,

Mr. Prenty, of what Mr. Corrigan said. Do you recall that?

A. Yes.

Q. There was another part of it that I just want to read out 120

to you to give you a full picture of it. On the same day,

at page 62, Mr. Corrigan said this, in answer to question

239:

He said, "We were engaged in the escort of the First

Minister of Northern Ireland at the present time, Mr. Peter

Robinson, who was going to court at the Special Criminal

Court to answer charges in relation to incidents at

Clontibret, County Monaghan, some months earlier, and the

car in which he was driving got stuck in Drogheda, in a

snowstorm. Now, I was faced with the dilemma of making an

on-the-spot decision. There was Mr. Robinson and his wife,

Iris, and the driver of the car. I couldn't let any of the

three of them out of the car, and it was a heavy

horse-power car, and what I could do? It was in the Bull

Ring area of Drogheda, which is low down, and we had to

push the car up through James's Street, up onto the Dublin

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Road, and, lucky enough, I recruited a couple of people in

Drogheda that were good enough to assist us in our

endeavours to get them on the road again."

So I just wanted to apprise you of that, in the first

instance, Mr. Prenty. You have indicated, Mr. Prenty, that

you were involved in collecting Mr. Robinson and the

Reverend Paisley in August when they were coming down to

Dundalk for the first time, isn't that so?

A. That is correct.

Q. And would you agree with me that, clearly, that isn't the 121

occasion that Mr. Corrigan is referring to, because he is

referring to a snowstorm, and although we don't have great

summers in Ireland, we generally don't get snow in August,

isn't that correct?

A. I'm not sure where that is coming from.

Q. Okay. I'll explain to you again. In his evidence, 122

Mr. Corrigan refers to the fact that there was the

snowstorm and the car got stuck in Drogheda, isn't that

correct?

A. I thought it was January the court was.

Q. I know, but -- 123

A. Where does August come in it?

Q. Because you said you collected Mr. Robinson and the 124

Reverend Paisley in August when they were coming down to

the District Court for the hearing on August the 14th of

1986?

A. There is no conflict there, sure there isn't?

Q. So there is no conflict there. But clearly, Mr. Corrigan 125

is not suggesting he was involved in the escort of

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Mr. Robinson in August 1986. So you are aware that?

A. I know he wasn't --

Q. And he never said he was. He never said he was. He was 126

referring to an occasion when there was snow.

A. I didn't say he was either.

Q. Okay, there is no dispute about that. So where we come to 127

now is the occasion upon which Mr. Robinson was coming to

Dublin between the 13th and the 16th of January, 1987,

isn't that correct?

A. Yes.

Q. Now, you are aware, and I don't think I have to open The 128

Irish Times articles for you, but on that -- the particular

day that Mr. Robinson was in court, and for the rest of

that week, there were extraordinarily large snowfalls in

Ireland, do you recall that?

A. I do.

Q. There was actually -- the headline in The Irish Times -- 129

A. I have already given evidence to the effect that I met

Mr. Paisley and them at the border in January, and they had

snow tyres on their cars.

Q. And we are coming to that. And you accept there was heavy 130

snow that January, don't you?

A. Yes, of course, yes.

Q. Now, Mr. Robinson came down to Dublin on four days: the 131

13th, the 14th, the 15th and the 16th of January, isn't

that correct?

A. Yes.

Q. On how many of those days did you accompany Mr. Robinson 132

and Dr. Paisley to Dublin?

A. The first day.

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Q. Okay. So you weren't there on the 14th, the 15th and the 133

16th, isn't that so?

A. No.

Q. So you can't say to the Chairman that Mr. Robinson's car 134

didn't get stuck in Drogheda, in the Bull Ring, on one of

those days, because you weren't there, isn't that correct?

A. I can say to the Chairman that I would not have detailed

Mr. Corrigan to escort -- on the escort.

Q. If you could deal with the question I asked you, 135

Mr. Prenty. You can't say, leaving aside Mr. Corrigan for

the moment, you can't say that Mr. Robinson's car didn't

get stuck in snow in Dundalk on three of those days, isn't

that correct?

A. It was never suggested that it got stuck in snow in

Dundalk; I think it was Drogheda.

Q. In Drogheda, I beg your pardon. But you can't say that 136

never happened, isn't that correct?

A. I can't, but I believe, from information in my possession,

that the snow -- on the first day was the only day that

there was heavy snow, and on the second day that they

didn't have their snow tyres on, and that things had

mellowed, the roads were clearer from the first day on.

Q. Well -- 137

A. That's what I believe.

Q. Well, I have it on -- I have The Irish Times articles here. 138

On Wednesday the 14th and Thursday the 15th of January, the

headline was in respect of the weather in around -- in the

country on that particular occasion. So, there was severe

snow that persisted for the whole week, would you accept

that?

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A. The snow persisted, certainly, but I believe on the Monday,

because of the weekend, the sanding would not have been

done and the roads would have been bad, but, from then on,

the roads would have been sanded or salted, or whatever

they do with them, and the roads were clear with heavy

traffic, and that. There was certainly no problem, as far

as I am concerned, with the roads from the Monday on.

Q. Well, I have to -- 139

A. I still can't -- I'm still not saying that his car didn't

get stuck in Drogheda, but what I'm saying is that I did

not, or would not have detailed Sergeant Corrigan on escort

with Mr. Robinson. That's all I can say about it.

Q. Okay. We can agree on this: you don't know whether 140

Mr. Robinson's car got stuck in snow in Drogheda?

A. I have said that, yes.

Q. Okay. And you do know, however, that on the second 141

occasion that he was coming down, that they didn't have

snow tyres on their car, isn't that correct?

A. That's what I believe, yeah.

Q. And are you saying that Mr. Corrigan would have had no role 142

in the escort of Mr. Robinson?

A. That is my recollection.

Q. Why, then, in your statement, or the draft statement that 143

was prepared yesterday and which was furnished to us, did

you say the following: "At most, he would have been in a

car as one of the additional members" in reference to

Mr. Corrigan?

A. Well, Mr. Corrigan had a habit of undertaking

responsibilities which would not be assigned to him. And

on a previous occasion in which an escort had been arranged

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for a High Court judge from the north, when off duty, he

appeared and travelled in the car with the members who were

on escort.

Q. Where was that car going, do you recall? 144

A. I beg your pardon?

Q. Where was that car going, do you recall? 145

A. That was a judge going to a rugby match in Dublin.

Q. Okay. So, you don't know, but Mr. Corrigan could have 146

taken it upon himself to be part of the escort?

A. That's what I say.

Q. Okay. Thank you. 147

A. But he wouldn't be part of the escort because he wouldn't

have been detailed for duty. Unless he would have been

detailed for duty, he wouldn't have been part of the

escort.

Q. His evidence, which has been given to the Chairman, is what 148

I've read out to you, is that he was a part of the escort -

he says he was in charge of the escort, in fact - and that

when the car got stuck in the Bull Ring, he and others

helped to push it out. You can't refute that Mr. Prenty?

A. I am not attempting to refute it.

Q. Thank you. Can I move on to the McAnulty issue, if I may. 149

You accept that the C77 prepared by Mr. Corrigan was,

although it's undated, appears to have been prepared on the

17th of July, isn't that so?

A. Yes.

Q. You seem to state that the content of that C77 is simply 150

common knowledge, is that correct?

A. More or less, yeah, most of it, yes.

Q. If I could ask Mr. Mills if he could put up the C77 on the 151

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screen, and I just want to ask you some questions in

respect of it -- the précis, I beg your pardon.

The start of it is: "Garda information reported that John

McAnulty had been abducted by the south Armagh PIRA unit

and was being held by them." Was that common knowledge on

the 17th of July, Mr. Prenty?

A. What was the date of his abduction?

Q. 17th of July, 12:20 a.m. 152

A. Yes.

Q. Okay. "Reported it was believed that a decision to execute 153

Mr. McAnulty had been taken by the Provisional IRA."

Was that common knowledge on the 17th of July, Mr. Prenty?

A. It could be, and was assumed that his kidnapping would

result in his death, that was -- could be taken as read.

Q. Mr. Prenty, I thought you told Mr. Dillon, when he was 154

asking you questions, that after Mr. McAnulty had been

abducted, nobody thought that he was -- his life was under

threat, is that not correct?

A. Well, I would certainly dispute that.

Q. Okay. So you are saying that once you heard Mr. McAnulty 155

was abducted, it was common knowledge that this man was

going to be executed by the IRA?

A. Well, there was a 99.9 percent chance that he was going to

be.

Q. You are saying it was common knowledge? 156

A. It was common knowledge with us, the Gardaí, and his

brother also felt that his life was in serious danger.

Q. And his brother presented this to you, this information to 157

you?

A. Yeah.

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Q. And did you generate a C77 when his brother told you this 158

information?

A. No.

Q. Why not? 159

A. For what purpose?

Q. To assist in the investigation? 160

A. I was doing the investigation.

Q. But did you not think that your information should be 161

shared with other Garda officers?

A. It was shared with everybody who was involved in the

investigation.

Q. You continue: "Reported that Mr. McAnulty had recently 162

been involved in litigation with a named company in the

Republic of Ireland." Are you saying that was common

knowledge?

A. It was.

Q. Continues: "Reported that Mr. McAnulty had approached PIRA 163

and had asked them to put pressure on the management of the

company not to pursue their litigation against him."

Are you saying that's common knowledge?

A. That would be, in my opinion, speculation.

Q. Was it speculation that was commonly known? 164

A. No, I wouldn't say it was commonly known.

Q. Thank you. You continue: "Members of south Armagh PIRA 165

then threatened the senior management of the company."

Was that common knowledge?

A. The senior management of the company were interviewed, and

they, as far as I remember, they did not acknowledge that.

Q. Well, when were they interviewed? 166

A. One of their managers, I think, may have a statement on

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file there.

Q. Okay. And presumably they were interviewed on foot of the 167

information received in the C77, is that correct?

A. The whole -- if you want to go into the whole scheme of

Mr. McAnulty and why he was abducted or why he was

arrested, it's a very long story, and it has to do with a

major operation involving grain smuggling, whereby certain

people obtained documents, dockets from a large grain

company, and they were using them to take grain across the

border. Now, they were running the grain up out the Dromad

road, or out the Dublin-Belfast road, and taking the same

load in, having removed a few wheelbarrows of grain from

it, and driving it back out again, and this was going -- it

was a circle that was being operated. Eventually, the

Customs got wise to it and McAnulty and others were

arrested in the north and taken in for questioning.

Q. The C77, the précis continues: "PIRA was to receive a 168

financial payment in return." That was common knowledge,

on the 17th of July?

A. If you put one of them down, you must also put down the

other, because that -- they would have been -- it would

have been recognised that threats at different times would

have been issued, be they the IRA against certain people

for the purpose of obtaining money from them.

Q. So -- 169

A. So it would be an assumption. You could assume that and no

one could contradict you.

Q. "Meanwhile, Mr. McAnulty was arrested in Northern Ireland 170

and questioned about grain smuggling." Was that common

knowledge?

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A. It was of course, yes.

Q. "He was released from custody without charge and this led 171

PIRA to believe that he may have given information to the

authorities." Was that common knowledge?

A. That would have come into our possession in relation to the

-- when he was shot.

Q. It would have come -- sorry, Mr. Prenty, I missed the 172

answer?

A. That came to us when he was kidnapped and shot.

Q. Okay. Well, then, that didn't -- wasn't common knowledge 173

at the time this was written, which was written before he

was shot, isn't that so?

A. Dated the 17th, isn't it the day --

Q. It was clearly written -- 174

A. How do we know how long he lived after he was kidnapped?

Q. All we know is that the person who was writing it, clearly 175

is writing it with a state of mind that Mr. McAnulty has

been kidnapped but he is not dead, isn't that correct?

A. That is -- well, I won't comment on that.

Q. Mr. Corrigan continues: "He was released from" -- it 176

continues: "The information stated that a named person had

telephoned PIRA and provided information that assisted the

abduction." And remember, the named person, although it's

referred to here, the real name of the person appears in

the C77, isn't that correct, Mr. Prenty?

A. Yes, and I know the person that's mentioned.

Q. And was that common knowledge at the time? 177

A. It is my fervent belief that such an incident never

happened.

Q. Okay. It continues: "The document named the PIRA 178

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commander and the PIRA unit who were responsible for the

abduction of Mr. McAnulty." Was that common knowledge on

the 17th of July?

A. Well, immediately after -- they were -- the persons

mentioned there were the active -- and there is -- I could

have added a few names to that myself -- were the people

who ran the operation in that area of south Armagh.

Q. So you are stating that was all common knowledge? 179

A. Yes.

Q. "The same PIRA unit was responsible for the earlier threat 180

against the company management and was also responsible for

the murders of RUC officers Breen and Buchanan."

Was that common knowledge?

A. That they were in the picture for the assassination of

Mr. Breen and Mr. Buchanan, there is no question about

that.

Q. Sorry, what the précis says, that they were responsible for 181

the murders of Chief Superintendent Breen and

Superintendent Buchanan.

A. Well, that may well be, but it's very easy to say that, but

produce proof of it, is a different thing.

Q. No, what you have said is that everything in this document 182

was common knowledge. I'm asking you --

A. I didn't say everything that was in it, now. I said most

of it.

Q. Sorry, was that common knowledge at the time? 183

A. They would be -- in relation to what?

Q. What was stated by Mr. Corrigan, that the "PIRA unit was 184

responsible for the earlier threat against the company

management and was also responsible for the murders of RUC

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officers... "

A. Well, I have questioned -- I have disputed the threats to

the company. I would doubt that very much, because they

didn't stand up and they would -- they were way down in

Co. Kildare; they were not in any ways local. And the

other aspect of it was, in order to create a good

impression, it is very easy to say this fella, that fella

or the other fella committed murder, but to produce the

evidence is a different story.

Q. Are you saying it was common knowledge that this crowd was 185

responsible for the murders of the two officers?

A. Well, I believe the RUC had them suspects.

Q. It concludes: "The Garda member reported that he was 186

monitoring the situation closely and may have further

information regarding the identity of the culprits and the

location of the house where Mr. McAnulty was being held."

Was that common knowledge?

A. I don't know what he was about. There was never a question

of any house being mentioned where he was held. I never

heard it.

Q. You, then, prepared a report in October, isn't that 187

correct, of 1989?

A. Yes.

Q. Did you read that report this morning? 188

A. I did, yes.

Q. Mr. Corrigan, in his evidence, said that that report 189

contains a reference by you to information provided by a

member serving in Dundalk. Do you recall that?

A. Yes.

Q. To what member were you referring? 190

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A. I believe it was the member who prepared the report.

Q. Which report is that, Mr. Prenty? 191

A. I wrote the report, sorry. The member who typed the

report.

Q. And what information did he provide you? 192

A. The information he referred to.

Q. And wasn't that the same information that was contained in 193

Mr. Corrigan's C77?

A. I'm not disputing that.

Q. Well, isn't the reality, Mr. Prenty, that the information 194

you relied upon in your report was the information that

Mr. Corrigan provided on the 17th of July?

A. No.

Q. Why are you so hesitant in -- 195

A. I'm --

Q. -- let me ask the question, please -- why are you so 196

hesitant in acknowledging any positive work that

Mr. Corrigan did and upon which you relied, Mr. Prenty?

A. I had -- I worked there, I was in charge of the unit. I

knew what was going on. I know who was doing their work

and I know who wasn't. I know who was creating, writing

fiction, and I know who wasn't. And I am 99.9 percent

certain that I received no information from Sergeant

Corrigan in relation to the kidnap of John McAnulty, and

any information that was furnished to Headquarters was

never -- never came back to me.

Q. Well, you are not suggesting that Mr. Corrigan was wrong in 197

furnishing the information to Headquarters, are you?

A. Well, you can draw whatever conclusion you like from what I

have said. That's what I'm saying.

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Q. The reason I asked that of you is because, on the last 198

occasion you were here, you said it was the recommended

procedure for confidential information to be directed to

Headquarters?

A. I'm not disputing that, either.

Q. Are you saying that this précis is a work of fiction? 199

A. The précis is a précis of what is written by Sergeant

Corrigan.

Q. And are you saying it is a work of fiction? 200

A. Well, a large part of it.

Q. I have to suggest to you, Mr. Prenty, that that indicates, 201

for a further time, the extent of your malice towards my

client; that you are not even prepared to acknowledge very

good intelligence information that he provided and you

relied upon in July 1989?

A. I have no problem, good, bad or indifferent, in

acknowledging any police work done by any member of the

station party with which -- who I was responsible for or

who worked with me. But I have long experience of dealing

with that type of behaviour, and I had an occasion for the

information of the -- I had an occasion where an auctioneer

came in to me and complained that he was threatened by a

well-known member of the IRA in relation to a deposit paid

on a house and the person who paid the deposit changed

their mind and didn't want to go through with it. Now, as

is customary or is normal, the auctioneer was holding on to

the deposit, but he had a visit from this particular

gentleman, whom I knew well, and he threatened him, and

threatened him severely, and he was, he stood up -- the

auctioneer stood his ground and he refused to yield, and he

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came to visit me and informed me of what had happened. I

knew the individual concerned, and I says I will go after

him and see what he has to say for himself. Now, this man

was -- as you can appreciate, wasn't anxious to go to

court, but he just wanted to let us know what had happened.

I went and saw the individual concerned, who was

subsequently shot, and drew his attention to what I had

been told, and he said nothing but he acknowledged that I

knew what was going on and that there wouldn't be any

repeat of it. I came back to the station and I entered the

information in the notebook, which was for the purpose of

keeping all members informed of what the activities of the

IRA were - we had a day-book there - only to discover, a

couple of days after, that Mr. Corrigan had sent in a C77

to Dublin describing this as confidential information from

a reliable source. So I -- I was aware that that thing had

been going on, and that it went on on a regular basis, and,

from then on, I took scant notice of any intelligence that

-- or anything that he wrote, or I made sure to check if

there was any substance to it, but most of it had no

substance to it.

Q. How do you know that that piece of C77 he submitted to 202

Headquarters wasn't based on intelligence and information

he had derived himself?

A. It was a copy of what I had written in the day-book.

Q. Sure, listen, you seem to be suggesting here in respect of 203

John McAnulty, that there was another guard who produced

similar information in respect to Mr. Corrigan?

A. I didn't say that; you are saying it.

Q. Well, I have to suggest to you, Mr. Prenty, it's just more 204

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tittle-tattle by you trying to undermine my client. You

recall on the last occasion you were here, you mentioned

more gossip about how you were told by an officer in the

RUC, whose name coincidentally you couldn't remember, that

there was a file with a red ribbon on it, on Mr. Corrigan,

in RUC Headquarters, do you remember that?

A. I do, indeed.

Q. Do you know that we have had evidence from Mr. McKeon, on 205

behalf of the PSNI, who has confirmed to the Chairman that

there are no other documents that are relevant to this

inquiry that the PSNI have not provided. No such file with

a red ribbon, or otherwise, has been furnished. Do you

accept, therefore, that what you told this Chairman was

incorrect in terms of there was no such file?

A. No, certainly not. I told the Chairman what I was told by

the RUC officer who saw the file and told me, and I have a

hundred percent confidence that he told me the truth.

Where the file went is -- I can't say, but the file was

there.

Q. But you accept that the likelihood is that no file ever 206

existed?

A. No.

Q. You believe there is still a file there?207

A. I didn't say there was still a file; I said there was a

file there.

Q. And you are saying that that file has been withheld from 208

this inquiry by the PSNI?

A. Well, there are other matters in relation to a tape, that

evidence that was given here which would seem to indicate

that I'm suffering from a false imagination, but I can tell

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you that any evidence that I have given here is based on a

hundred percent truth.

Q. You are talking about the McKevitt tape, is that so? 209

A. Yes.

Q. One thing I should put to you, as well, and it has arisen 210

since the last occasion you were here; you are aware that

the main reason we are all here is because of the Toby

Harnden book and what he said in it, isn't that correct,

Mr. Prenty?

A. Yes.

Q. And, in that, he purports to quote you stating that, "I am 211

afraid there was a leak from the Gardaí that led to the

murders of Breen and Buchanan," isn't that correct?

A. No.

Q. Well, what way is it incorrect? 212

A. He never -- I never said any such thing.

Q. I know you didn't, I'm not disputing that, but he says in 213

the book that Detective Inspector L gave him this

information. You are aware of that, aren't you?

A. I am, yeah.

Q. And we know that you are the only Detective Inspector he 214

spoke to. I know you dispute it. Isn't that correct, you

dispute it?

A. I deny it completely and absolutely. And the evidence I

gave here before, I can remember it well, I said that he

came to me with that information, he came to me with that

information, for me to confirm it, but I couldn't. And if

I could, I would.

Q. What information did he come to you with? 215

A. That there was a leak, a suggested leak in Dundalk Garda

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Station, what you are after saying.

Q. And when he put that to you, you said that's incorrect? 216

A. I told him that I had no information to substantiate that

suggestion.

Q. And, in fairness to you, you are aware that Mr. Harnden is 217

not prepared to come here and stand over what he wrote?

A. Well, I have no control over what Mr. Harnden does.

CHAIRMAN: No, of course not. He promised to come here,

but he changed his mind.

A. I understand that.

Q. MR. O'CALLAGHAN: Can I ask you, why did you or how did you 218

end up talking to Mr. Harnden, Mr. Prenty?

A. He arrived at my door, having been -- and I asked him where

he came from or how did he get my name, and he gave me the

name of a guard in the station who gave him -- told him

where I lived.

Q. And did you bring him in? 219

A. Well, I didn't see any reason why I shouldn't. Why

wouldn't I?

Q. I am not -- I'm just trying to establish, because it's 220

evidence that we haven't heard, since Mr. Harnden isn't

here. What did he ask you and what did he discuss with

you?

A. Well, the troubles along the border, the different

incidents down the years, and whatnot, and the rest of it,

and the possibility that there might have been a leak from

Dundalk Garda Station. I gave him no information of a

confidential nature, our discussion was in general terms,

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but I most certainly did not say that there was -- that I

knew there was a leak from Dundalk Garda Station. I didn't

know, I still don't know.

Q. And how long did your conversation with him continue? 221

A. Half an hour.

Q. Another point, while I have you, is that Mr. Corrigan has 222

given evidence that, after 1986, when there was regime

change in Dundalk Garda Station, that he was ostracised by

the new regime. That was evidence that was also given by

Mr. Ben McGrath, a Garda in Dundalk. Do you accept that

those individuals were marginalised or ostracised after the

new regime took over?

A. I was never conscious of any -- prior to the change in

regime, Mr. Corrigan always did his own thing, and he

continued to do that to large degree. He came -- it's

recorded, I think, his abuse of official vehicles and his

alteration of documents, and whatnot, and the rest of it;

that was what he went on with always, and he had a cover in

the station by a superintendent there who made sure that he

was involved in two very serious accidents, one of them

which was fatal and which would merit a serious

investigation and which was never properly investigated.

He was involved in another accident where he nearly killed

a couple coming out of the Fairways Hotel while off duty,

and cover was provided for him by the inspector who went to

visit the accident. And there is a litany of problems. If

you want me to discuss a whole lot of these things, I am

quite willing to do so.

Q. I have to suggest to you again, Mr. Prenty, that your 223

answer, once again, indicates your astonishing levels of

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malice, and I'd go so far as to say hatred that you have

displayed in the witness box towards my client?

A. Why should I -- why should simple facts indicate malice?

The reputation of the guards, as far as I was concerned,

and our ability to perform our duty without fear, favour,

malice or ill-will, that's what I was about. I wasn't

about obtaining property and not paying for it, I wasn't

about going into shops or walking out without paying for my

meals. None of that...

Q. Do you remember two members of An Garda Siochana based in 224

Dundalk called Willie Horgan and Gerry Connor?

A. Yes.

Q. They were both appointed as trainee detectives in 1986, 225

along with 30 others, isn't that correct?

A. That's right.

Q. But aren't I correct in stating that both yourself and 226

Superintendent Nolan reverted them from detectives back

into uniformed gardaí?

A. I would have no function in reverting anybody into uniform.

Q. Are you denying that you had any involvement in that, 227

Mr. Prenty?

A. I was obliged by my authorities to write a report; I think

we had 20 or 25 young men inducted into the Detective

Branch on a six months' probation period, and two of them

were found to be unsuitable, in my estimation and the

detective superintendent with whom I worked, and we made

recommendations accordingly. One of them was reverted; the

other fella decided he'd go to the High Court, and, because

of a failure in administration and people who didn't do

their job up along the line, unfair procedure was found and

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he was appointed.

Q. So, the High Court reversed your decision that this man -- 228

A. I beg to differ with you. I had -- I made no decision

to --

Q. I thought you said that you determined he was unsuitable? 229

A. Judge, I didn't say that.

Q. Well, that's what I recall you saying. If you didn't say 230

it, you didn't -- we can check the transcript, but I

thought you said --

A. Well, you can check it again.

Q. Are you saying that Gerry Connor was unsuitable? 231

A. I furnished a report of what my opinion was in relation to

his suitability for Detective Branch.

Q. And did you -- 232

A. Listen, would you just wait a minute. As a consequence of

that, my D/Superintendent also had an overview of the

thing. He agreed with me, and the Chief Superintendent

also agreed with me, so I don't feel that I have any

particular responsibility. I assessed the situation, and

both my senior officers agreed with me.

Q. And he went to the High Court and he won in the High Court 233

and was reversed, isn't that so?

A. Yes.

Q. And I have to suggest to you that was another example of 234

you and other people in Dundalk unlawfully using your power

to undermine other members of An Garda Siochana?

A. I'm absolutely shocked to hear you make such an allegation.

Q. Would you reply to it? 235

A. It's not true.

Q. Do you recall the murder of Tom Oliver? 236

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A. Of course I do, yes.

Q. Are you aware of an establishment called Fintan Callan's 237

Ceili House?

A. Yes.

Q. As a member of An Garda Siochana, would you think it would 238

be a suitable place for a guard to go for a drink or to

socialise?

A. Well, I am quite certain that the local gardaí in

Hackballscross visited there to socialise. I never did,

now, I must say, but I never heard that there was anything

seriously wrong with it.

Q. Okay. So you are saying that local gardaí in 239

Hackballscross went there?

A. I didn't say that, now.

Q. Well, what did you say, then? 240

A. I said I'm sure that they would have socialised in it from

time to time, but I cannot say that they did.

Q. So you are speculating, isn't that correct? 241

A. To a degree, I suppose. But it was a local pub there, and

normally, members of the gardaí, for the purpose of

intelligence, would be advised to visit those places, never

mind to socialise in them.

Q. Did you ever hear of an agent called Peter Keeley? 242

A. I saw his name in the paper.

Q. Did you ever encounter him whilst you were a member of An 243

Garda Siochana?

A. No, I didn't.

Q. Notwithstanding your level of malice and intense dislike of 244

Owen Corrigan, you have never suggested that he was an

agent working for the IRA, isn't that correct?

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A. Who?

Q. You have never suggested Owen Corrigan was an agent working 245

for the IRA?

A. No, I haven't.

Q. No is the answer, is it? 246

A. Yes.

Q. Sorry, just to be clear, your answer to the question is no, 247

you never suggested it?

A. I never suggested it.

Q. And just finally then, the C77 that we looked at, which you 248

described as containing common knowledge and general

information, would you agree with me that, in order to

generate that, the member who prepared it will have to be

working in order to prepare it?

A. I don't understand...

Q. To generate that document -- have you seen the original 249

C77?

A. I have.

Q. How many pages is it? 250

A. I think there is only one page in the original one.

Q. It's a lengthy one, though, isn't it? 251

A. Well, yes.

Q. Mr. Dillon thinks maybe it's two pages. Then there were 252

two other C77s, isn't that correct?

A. Well, there was one of one page and there is one of a

fairly -- a longer one, and then there was a shorter one,

as well.

Q. Would you agree with me that irrespective of your views 253

about the person who wrote the C77, that, in order to

prepare it, you would have to be doing work to compile it

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and to get the information to put into it?

A. The information to put into it, all he had to do was sit

down at a typewriter and type it out. Ten minutes would

have done the job.

Q. I don't think it is originally typed out, though; isn't it 254

handwritten?

A. It was, yes. What I saw was typed, anyway.

Q. Okay. Would you not even go this far: that the 255

preparation of those C77s would have required a member to

be working?

A. Of course.

MR. O'CALLAGHAN: Thank you.

CHAIRMAN: Any other questions?

MR. COFFEY: I have no questions. And while I don't

anticipate questioning Mr. Prenty on the next occasion, I

would, nonetheless, wish to reserve my position in the

light of the outstanding document.

CHAIRMAN: Yes, of course.

MS. O'SULLIVAN: I am in a similar situation.

CHAIRMAN: Yes, of course.

MR. RAFFERTY: I have questions, Mr. Chairman.

THE WITNESS WAS CROSS-EXAMINED BY MR. RAFFERTY AS FOLLOWS:

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Q. MR. RAFFERTY: Good morning, Mr. Prenty. My name is Neil 256

Rafferty, and I appear on behalf of Mr. Keeley, also known

as Kevin Fulton. I don't think you have seen me before,

sir, is that correct?

A. I am looking at surprise, yes. I can hear you --

Q. Sorry, I am very sorry about that, Mr. Prenty. Mr. Prenty, 257

this is the -- as it were, prior to my increased role in

this case, I have never actually asked you any questions.

A. I understand that.

Q. You understand that? 258

A. Yes.

Q. But in relation to the points that have been raised here 259

this morning, I want to go over a few things with you. In

relation to -- can we start with the McAnulty abduction.

Do you recall that clearly, sir, and you were involved in

the investigation, isn't that correct?

A. Yes.

Q. Was, to the best of your knowledge and recollection, Owen 260

Corrigan involved in that investigation in any way?

A. Not as far as I remember. There is no statement from him

on file, I don't think, and there is no reference to him in

the investigation.

Q. And document 121A is based upon a C77, is that correct? 261

A. Well, I haven't the document before me.

Q. It's a précis of the document you have just seen? 262

A. Yes.

Q. And that appears to be a précis of a C77 put forward by 263

Detective Sergeant Owen Corrigan?

A. Yes.

Q. In relation to that information, is there anything in that 264

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information that was new or wouldn't have been known simply

from sitting around Dundalk CID?

A. That's precisely what I have indicated.

Q. Now, we have been through Detective Sergeant Corrigan's C77 265

output for 1985, and I'm not going to bore you with that,

but to the best of your knowledge and recollection, you

have a gripe about how he filled out those intelligence

forms, don't you?

A. Well, not particularly, but I would have -- I would have

more a gripe with the people who received them and put

weight on them, if you know what I mean.

Q. A lot of it was tittle-tattle? 266

A. Pardon?

Q. A lot of it was tittle-tattle? 267

A. I would consider it rubbish, really.

Q. Does the phrase 'intelligence pollution' mean anything to 268

you?

A. Say that again.

Q. Does the phrase 'intelligence pollution' mean anything to 269

you?

A. Not really, no. But I have an idea what you're getting at.

Q. It's a concept whereby somebody, to show how important they 270

are, puts in intelligence nonsense about things like some

member of the INLA getting married. It shows how

productive they are without actually giving any

intelligence, that's what intelligence pollution is?

A. Well, that seemed to go down well with certain people in

Headquarters, that if you sent in -- it didn't matter what

you sent in, but sent in C77s.

Q. Was that the sort of intelligence, in your view, that Owen 271

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Corrigan was sending up to Headquarters?

A. Well, they speak for themselves, I think, you know.

Q. They probably do. Now, in relation to -- can you fathom or 272

can you think for one minute why a garda who possibly had a

line on where Mr. McAnulty was being held, would not share

that information with the detectives actually investigating

the abduction?

A. I would.

Q. Can you think of a reason why he wouldn't do that?273

A. It never existed.

Q. So what you are suggesting is that Owen Corrigan's 274

intelligence about that never existed; that it was a

tag-line put on a C77 to show how important he was, is that

a fair summation of that?

A. That'd be right.

MR. RAFFERTY: Can I reserve any further on Mr. McAnulty

until we see the other C77 that's illegible, sir.

CHAIRMAN: Certainly.

MR. RAFFERTY: But can I go on to ask about Peter and Iris

Robinson. Do you recall you were asked about that earlier

this morning, sir?

A. Yes.

Q. And is it correct that you were the officer in charge of 275

detailing security for that?

A. Yes.

Q. Did you at any stage detail Owen Corrigan to that detail? 276

A. Not to my knowledge, but it's a long time ago and I am

pretty certain that I didn't.

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Q. I think you said 99 percent certain that you wouldn't have 277

done that. You also said, "Apart from that, another

sergeant, a very competent sergeant was detailed"?

A. Yes.

Q. And I don't want you to name that officer, but -- 278

A. He is deceased now.

Q. He is deceased. 279

A. Yes.

Q. Well... 280

And to the best of your knowledge and recollection, that's

who you detailed as the sergeant in charge?

A. That would be it.

Q. So, when Sergeant Corrigan says that he was in charge of 281

looking after Peter Robinson, have you a comment on that?

A. I would dispute it.

Q. You'd dispute it. Would you go as far as to say it was 282

absolute nonsense?

A. Well, I have said who I would have detailed for the duty,

and you can draw your own conclusions from it.

Q. Yes. Well, certainly a man who has very modestly described 283

himself as the jewel in the crown of An Garda Siochana,

why, sir, would you not pick such a super detective to

guard Peter Robinson?

A. Well, that would be his description. It wouldn't be mine.

Q. Would you, from your personal knowledge of Detective 284

Sergeant Corrigan, would you describe him as a modest man?

A. No.

Q. Would you describe him as a fantasist in some ways? 285

A. Well, his manner of dealing with the truth would -- always

gave me cause for concern.

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Q. A fantasist? 286

A. Yeah, well...

Q. You see, somebody else has been called a fantasist and an 287

intelligence pollution in this case. I am just drawing --

asking you, is that your opinion of retired Detective

Sergeant Owen Corrigan?

A. Well, I have -- in all my service in Dundalk, and I was

there from 1969 right through the early days in the

troubles when Corrigan wasn't there, right up until I

retired in '95, and, to the best of my recollection, I

never saw Sergeant Corrigan arrive at the Garda station

with a prisoner.

Q. You see, he kept on finding things in ditches and hedges, 288

is that right?

A. Well, he wasn't very good at that either, I can tell you.

Q. Now, can I just finish off -- if My Friend asked me for the 289

reference, I'd get it for him, but a guard gave evidence

sometime ago, and I can't just turn it up at the moment but

I will, and he described Owen Corrigan -- and this is about

firearms training, now, I want to ask you; it's common case

that he wasn't -- or should be common case that he wasn't

eligible to carry firearms, isn't that right, at the time

of Peter Robinson, yes?

A. As far as I remember, yes.

Q. And you would only detail officers that were authorised to 290

carry firearms?

A. Yes.

Q. And that's a further reason why you think he wasn't 291

detailed?

A. Correct.

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Q. We have the evidence of an officer who described him, 292

Corrigan, as being chancy, and when asked to give an

example of that, he said, "Well, I did firearms training

with him and we had to get a certain score and I turned

around to see him poking his pencil through the target."

Did Owen Corrigan have a problem passing firearms, to your

knowledge?

A. He had been put off the range on more than one occasion for

mishandling of firearms, and what he -- I know what you are

talking about, that was common knowledge.

Q. And is that the sort of chancy individual he is? 293

A. That about --

Q. -- sums him up? 294

A. Yes.

MR. RAFFERTY: Thank you very much. I reserve my right to

cross-examine further, sir.

CHAIRMAN: Of course. Any re-examination, Mr. Dillon?

MR. DILLON: If I could reserve my re-examination once

everything is in place.

CHAIRMAN: Thank you very much, Mr. Prenty. I am very

grateful to you.

THE WITNESS THEN WITHDREW.

MR. DILLON: We have one further witness for you today.

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CHAIRMAN: Yes, and I think we should move on to him now.

MR. DILLON: Mr. Valentine will be taking this witness.

MR. VALENTINE: Chairman, just, I suppose I should -- it's

twenty to one. I don't anticipate that this witness -- I

won't be much more than twenty minutes, but I would

probably suggest that we should carry straight through,

subject to the views of everybody else.

CHAIRMAN: Let's carry through with him, if everybody

doesn't mind sitting past one o'clock.

MR. VALENTINE: I should indicate that, at the end of the

witness, there are a few small matters which I need to deal

with in terms of reading certain matters into the record,

and that will only take five minutes, Chairman.

I call Michael McGill, Chairman.

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MICHAEL McGILL, HAVING BEEN SWORN, WAS EXAMINED BY

MR. VALENTINE AS FOLLOWS:

MR. VALENTINE: Good afternoon, Mr. McGill.

A. Good afternoon.

Q. I think in the late 1980s you were a Higher Officer, which 295

is a senior Customs officer, operating out of the

Investigation Branch headquarters in Dublin, the Customs

Investigation Branch?

A. That's correct, yeah.

Q. I wonder could you just, for the Chairman, give an overview 296

of your role in Customs at that time?

A. Chairman, just at that time, when I joined the

Investigation Branch, probably in late 1977, my first

function was to get involved in the investigation of grain

smuggling, that was between the Republic of Ireland and

Northern Ireland, and that smuggling, just by way of

explanation, it was a fraud on EU funds at the time,

because there was a price differential between the price of

grain in the Republic of Ireland and Northern Ireland; the

EU paid a subsidy on each load of grain that was exported

south to north, and I think it was referred to there

earlier. Part of the fraud was that the grain was exported

to the North of Ireland and run straight back down the road

again, or, alternatively, it was just put into a grain

store, it didn't even make its way as far as the border,

and companies were claiming large amounts money at that

time, large amounts of money in subsidies that they weren't

entitled to. And that was what I was tasked to

investigate.

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Q. I think you indicate in your statement that sheds which 297

straddled the border played a particular role in grain

smuggling?

A. That's correct. There was sheds, particularly in Edenappa

Road, that were used extensively for to hide the grain

coming back down. A truck could be driven in one side,

could be left there and taken out on the southern side and

driven back down the road again, so it was very, very

difficult to detect or monitor.

Q. Could you give the Chairman an overview of the legal 298

framework within which you acted operationally, so to

speak?

A. Well, at that time, there were two legal frameworks which

we operated; particularly for the grain, we operate under

an EU legal framework because this was an EU subsidy, we

operated under EU legislation which allowed us -- under EU

mutual assistance legislation, it allowed us to go into

Northern Ireland and to work alongside our colleagues in

the north as far back as then, and it allowed them to come

south and work alongside us in the south. Effectively,

what it meant, that they could be present -- or we could be

present in the north, but we couldn't actively participate,

i.e. we couldn't get involved in surveillance or we

couldn't question a suspect without their say-so.

Q. And in terms of a major Customs operation, am I correct in 299

saying that the powers of search and seizure were powers

vested in the Customs and not, for example, in the Garda

Siochana?

A. That's correct, in any of the -- particularly the grain

operations at that time, the Customs authorities, north and

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south, would be the lead agencies because they were the

competent authorities for the legislation governing that EU

fraud.

Q. So what was the role of An Garda Siochana and the Irish 300

Army respectively in such operations?

A. Well, particularly An Garda Siochana, they would provide a

backup role. They would provide security where that was

required, particularly in big operations in sensitive

areas, the Gardaí would be there to provide assistance and

backup to us.

Q. But effectively, Customs was the lead agency, so to speak? 301

A. Effectively, the lead agency. And where you would have

searches such as the one you mentioned, all documentation

would be taken away and would be further examined and

analysed by the Customs authorities.

Q. You also indicate in your statement that you, as Customs 302

officers, tried to hold yourselves, sort of, so to speak,

at a remove from the other security agencies of the state.

Can you just elaborate on that for the Chairman?

A. Absolutely, I mean, indeed as we do today, because, I mean,

we are mandated and the way we see it is to counteract

smuggling activities, and, indeed, fraud on EU subsidies.

Whether it's being done by people associated with the IRA

or people not associated with the IRA, was immaterial to

us; we just saw it as criminal activity and that's what we

looked at. The job of looking after terrorism was one that

we always believed, and still do, is for An Garda Siochana.

Q. And what's the practical manifestation of that attempt to 303

hold yourself at a remove? I mean, what does it actually

mean, in practice?

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A. For us, at all times, I mean, we have operated -- we have

operated in an unarmed capacity, and there was talk about

this earlier on, in all areas around the border, right in

the areas that would be considered very dangerous and very

sensitive on the basis that we were there doing a

particular job. We weren't there looking at a terrorism;

we were an agency looking at smuggling, counteracting

smuggling.

Q. You just indicated there that terrorism and smuggling was 304

not synonymous. I think you referred in your statement to

your opinion that one well-known smuggling family weren't,

to the best of your knowledge, involved with the IRA, is

that correct?

A. Absolutely. I mean, as I said, at the time we would have

been there and we would have investigated, there would have

been a number of individuals who would have been prolific,

particularly in the grain smuggling at the time, and

certainly, from our knowledge, indeed, which may not be

great at the time, they would not have been involved in the

IRA. We certainly didn't see them as that.

Q. I wonder could you tell the Chairman what you know about 305

'Ops Amazing', 'Operation Amazing'?

A. 'Operation Amazing', just to go back, Chairman, as I said,

we were involved in grain investigations on both the

southern side of the land frontier and on the northern

side, and the investigations on the northern side were

largely conducted from Glasgow, with a large input from Her

Majesty's Revenue and Customs in Belfast. As part of that,

it was decided to have an operation, as it were, like a

pendulum movement, using both authorities at the same time,

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so it was called 'Operation Amazing' purely because of the

word 'maize' in the -- that's what we were dealing with at

the time. So, the operation involved simultaneous raids

north on those sheds, on one particular shed there - there

was a number of them on the border, but, at the same time,

they would -- Her Majesty's Revenue and Customs along with

police and army coming in from the northern side, and we

were going into the southern side, we were being backed up

by the Gardaí, and I think the army may have been there on

that particular day as well. We went in, as I said, at a

particular time. The shed was straddling the border. So

Her Majesty's Revenue and Customs searched the northern

side and we searched the southern side, and there was a

line on that floor there where they represented the border,

and we didn't cross on that particular morning.

Q. I think that operation took place in November 1988, is that 306

correct?

A. November 1988, yes, indeed it was, yes.

Q. And the 'Operation Amazing' was confined to grain or maize? 307

A. It was confined -- it was confined, I suppose to be more

precise, it was confined to a fraud on EU funds as a result

of grain smuggling north and south of the border.

Q. I think, then, in late 1988, you moved from that 308

responsibility?

A. I moved from that and I moved in to take charge of a unit

which was looking at hydrocarbon oil smuggling in around

the border area as well.

Q. And in that capacity, did that bring you operationally into 309

contact with Murphys in Ballybinaby?

A. It did, indeed, yes, quite a bit of our time -- at that

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time, we would have been aware that there was a

considerable amount of smuggling going on, and it was

certainly -- they had premises at Hackballscross was being

used to facilitate that, and we would have been involved;

indeed, we had a seizure of a tanker of oil, I think it was

in late '88, from the Murphys, and that was a subject of

condemnation proceedings in '89, which the goods were

condemned and forfeited to the State.

Q. And that seizure in late 1988 of Murphys, was that a joint 310

operation with HMRC?

A. No, that particular one wasn't. And indeed, we had a

further operation in '89, about April '89; they would have

been done at the time by ourselves on the -- from the

south, and, indeed, they would have been organised and led

from the investigation area in Landsdowne road, and it

would have been done purely by the south, because, again,

there would be a big logistics in trying to organise -- a

joint operation like that wasn't something you could

organise very easily.

Q. And when you refer to an operation in April 1989, what was 311

the nature of the operation in April 1989?

A. Well, again, basically we had received, again, intelligence

that there was a lot of activity going on in and around the

yard in Ballybinaby, so we took a team up to that area, we

did surveillance in the area. We confirmed that, yes,

there was a lot of activity there, and, as a consequence of

that, I think we seized about six, seven tankards of fuel

coming out of Murphys' yard in Ballybinaby.

Q. Would there have been much cross-border -- would there have 312

been any cross-border element of that particular

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investigation at all?

A. Well the thing -- basically, again I cannot remember

precisely because, unlike a lot of people, I don't have

records going back that far, but there would have been a

constant flow of intelligence from her Majesty's Revenue

and Customs in Belfast to ourselves and vice versa; we

would have worked very, very closely at that time.

Q. Where did Customs get their intelligence from as to what 313

was happening south of the border?

A. I don't know. I mean I can only speculate that that would

have come from the security forces who were operating in

the border area. Again, we would never discuss precisely

-- it's just a rule in the intelligence world that you take

what you get and you don't really, do you know what I mean,

question somebody as to where they got it.

Q. Did you -- did Customs rely heavily on An Garda Siochana 314

for intelligence information about movements in that border

area?

A. Not particularly, no. Again, we operated -- again, we

operated quite separately. I think our roles were quite

separate at the time. We would have had our own

intelligence. I think, as I said, at that time

intelligence was something that I mean we didn't even tell

our own people a lot of time the intelligence. Again, it's

very sensitive in itself. Even to this day, intelligence

may not often be yours to give to other people, so we would

have operated very, very tightly.

Q. I think you made a reference there in your evidence to the 315

Customs carrying out their own surveillance. Did you have

your own surveillance unit, effectively?

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A. Well, not as organised as the National Surveillance Unit

but yes, we had our own surveillance unit that we did our

own surveillance work.

Q. So Irish Customs carried out -- would you have carried out 316

covert surveillance in areas such as Ballybinaby or in

border areas in Co. Louth?

A. What I would say to you is carried out border surveillance

in the border areas.

Q. You made a reference to how tightly intelligence was held, 317

and you do say in your statement that "the Customs had

their own intelligence and we did not trust anyone, even

our own." Why was that?

A. Like I said, I mean we don't -- I mean, do you know what I

mean, when you are working in an area like that, given the

times that were in it, I mean, look, if you have piece of

intelligence, if you tell five people you are fairly sure

that you are okay. If you tell 15, there is a very good

chance that somebody, inadvertently or otherwise, will

talk. I mean, you could ruin a month's work by

intelligence getting into the wrong hands. And that's --

so for that reason, it was kept... And the other reason

being that if we got intelligence from our colleagues in

Northern Ireland, that wasn't our intelligence to give out.

I mean we had -- it was ours to operate but not to give out

to somebody else. So we would be very, very -- again as I

said, you always had to be very careful at that time and

the less people knew about what you were doing the better.

Q. Do you ever recall there being a particular concern in 318

terms of the leaking of information as regards any

individual Customs officer or any member of An Garda

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Siochana?

A. No. Look, again at that time there were whispers in the

border area about people being loose, about both -- about a

member of the Garda Siochana and indeed possibly one of our

own, do you know what I mean, being loose. But one thing I

can say to the Tribunal is that it's not any of the

individuals that are here today.

Q. And when you say there was, there were rumours about a 319

member of An Garda Siochana being loose, is that on the

smuggling front or --

A. It was very flippant around that time and again I wouldn't

have put a lot of weight -- it would just be a warning more

so than put any weight into that.

Q. Did the nature of the rumour relate to smuggling or more to 320

subversive or --

A. No, no, the nature of the rumour at the time related to

grain smuggling.

Q. To grain smuggling? 321

A. That's all, yeah.

Q. And just to reiterate, the Garda officer identified in that 322

rumour was none of the three parties with representation

here?

A. Absolutely none of the three.

CHAIRMAN: That makes that clear. Thank you.

MR. VALENTINE: Very good. Now, just focusing again on

the, on this period of spring 1989. The Chairman has heard

evidence from Witness M, a former officer of Her Majesty's

Revenue and Customs, I think you know who Witness M is, is

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that correct?

A. That's correct, yeah.

Q. And he gave evidence that he was scheduled to meet Harry 323

Breen on Tuesday the 21st March. I think his evidence was

to the effect that that meeting was set up during the

course of a telephone conversation with Alan Mains the

previous day. Did you know anything about that meeting?

A. Absolutely not, no.

Q. Do you recall having any contact with Witness M or any of 324

his colleagues around that time in relation to a proposed

-- in proposed to a) information about what was going on in

Murphy's farm or, b) any proposed operation against

Murphy's farm?

A. No, I had no contact at that time, absolutely not.

Q. Would you expect to have contact if there was going to be 325

an operation in relation to Murphy's farm?

A. Yes, if there was going to be an operation, and

particularly an oil operation, yes, we would have expected,

because we were the lead agency and because those

operations, at that time, would have been organised from

the Investigation Branch Headquarters in Dublin, and I had

the unit at that time that would have been dealing with oil

smuggling and I would have expected that, and possibly what

would have happened there, and again I can only speculate,

would be that if that information had come back, it would

have come in to her Majesty's Revenue and Customs in

Belfast who would have made contact with us and met us

either in Belfast, probably in Dublin, to discuss any

proposed operations.

Q. And if any agency wanted to establish the exact facts in 326

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relation to the movements of oil tankers in or out of

Murphy's farm, who was the best person to go to to get that

information?

A. Well I would suggest that the best people to go to at that

time would have been the British Army. But obviously we

didn't have that type of information or intelligence or

access to that information.

Q. I think when Witness M was giving evidence, Mrs. Laverty 327

put to him a document which is -- I might just put it to

you to get your observations in relation to it. It's a

letter that was written by an official of the Northern

Ireland Office and it referred to the Secretary of State --

it referred to a meeting dinner that took place in Stormont

on the 7th March 1989 and a subsequent security policy

meeting in Northern Ireland. And it said: "The Secretary

of State mentioned observations about 'Slab' Murphy and his

smuggling operations in South Armagh at the SPM yesterday.

I have looked into the particular incident mentioned. 28

tankers over a 60-hour period netting an alleged profit of

14,000 per vehicle. I now report back as requested.

The survey was made by the Glasdrumman Observation Tower

(G30) during a completely random survey between 01:00 hours

on the 27th February and 12:00 hours on the 1st March 1989.

The bald facts that emanate from the survey are as noted by

the Secretary of State and there is nothing further to add

except to confirm that the tankers contents and the alleged

profit were as a result of informed speculation rather than

firm evidence.

The question the Secretary of State raised specifically who

was told and what, if anything, was done about it is

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answered as follows: Before embarking on the detail

however, it is important to establish the context of

Murphy's operations. You will, I know, be aware that

Murphy has been conducting his illicit business for some

years. He has, by a number of methods, thwarted several

attempts including concerted RUC and Garda efforts to shut

him down. All this is well documented fact and such has

been his success that the Sunday Times devoted most of the

colour supplement to explaining his modus operandi.

With this in mind, and recalling the GOCs advice at the SPM

yesterday that only a cumulative rather than an individual

exposure of Murphy's smuggling will prove effective. The

observation tower survey was one of a number of surveys

that are directed at Murphy's operations. The information

was collected manually by G30 and passed directly to 1 RRF

Intelligence Cell in Bessbrook Mill on the 1st March. That

information was shared routinely with the RUC liaison

officer in the mill, entered on the military computer,

Crucible, on 2nd March and then disseminated quite widely

to military and RUC in addresses in 1RRF intelligence

summary on the 5th March. The point behind this is that

the survey was not designed for immediate executive action.

Murphys's expertise has moved well beyond this point of

being disturbed by periodic interception of fuel lorries.

It will require a plan of considerable depth and subtlety,

possibly involving additional legislation and certainly

much cooperation from the south finally to remove Murphy

from the map."

Sorry, it's HMG 5.

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Just in relation to that -- well one of the things that

strikes me about that is that there is no reference in all

of that to the role of her Majesty's Revenue and Customs.

That they speak of RUC and army activity into that and that

information being circulated among RUC and army but it

almost seems that HMRC are nowhere to be seen on the pitch.

Have you any observation to make?

A. Well again I'd probably go back to what I said earlier.

They would hold the same belief as we had. They were

dealing with a smuggling problem. I think that might have

been done in the context of a terrorism problem, but the

HMRC, and indeed ourselves, would have seen ourselves

working at a smuggling problem and if the two overlapped,

yes, we would be there to do it. But there are a lot of

activities that possibly we would have nothing whatsoever

to do because they wouldn't impinge on the competencies

that we had at the time.

Q. There was evidence from Witness 27, who was at that dinner 328

with the late Harry Breen, that the Secretary of State was

kind of very agitated in relation to the numbers of lorries

which were alleged to be moving in and out of Murphy's farm

and demanded that something be done. And that direction

was in the direction of the RUC and there was a sense,

Witness 27 reported, that both he and the late Harry Breen

were - felt that the Secretary of State effectively was

over-stepping the line by directing an operation -- giving

political direction effectively to what would be a police

operation. Is it more likely, according to your evidence,

that any operation in relation to the movement of tankers

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would have to have been an HMRC operation?

A. Yes, absolutely. At the end of the day -- because if you

were to go in to look at or to deal with a smuggling

problem, be it in Ballybinaby or anywhere else, any seizure

and subsequent confiscation of fuel or oil or any

subsequent prosecutions in relation to that particular

activity would be done under finance legislation, and

finance legislation in the south Customs had competent

authority. And indeed similarly in Northern Ireland, the

legislation that dealt with fuel smuggling and the

activities surrounding that, HMRC had the primary

competency in Northern Ireland. As a consequence, any

operation would have had to have the two agencies there in

the forefront on those.

Q. But arising from this, you don't recall any contact between 329

yourself and any of the Customs officers in the North in

relation to these matters and in relation to what was going

on at Murphy's farm?

A. Absolutely. As I said, I would have had contact regularly

with Customs in Northern Ireland, indeed with some of the

people you referred to there around that time, but any such

operation was not discussed with me, no.

Q. Very good. I note that in your statement you make the 330

comment that in relation to the Murphys, that they were

more inclined to reactive action as opposed to pre-emptive

action. I wonder could you explain what you mean by that

for the Chairman, please?

A. I suppose that was in answer to a question. Again, I would

have operated quite extensively in and around the Murphy

compound in Ballybinaby over a period of time and would

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have dealt with the Murphys on a regular basis, and as I

said, I mean, you know, they never -- they didn't preempt

anything that we were doing, but certainly they did react

on one occasion to us being in and around there. I wasn't

there personally but my colleagues were.

Q. And just to be clear, if HMRC were to mount an operation 331

against Murphys, by necessity, would the southern Customs

have to be involved?

A. Absolutely, yes, absolutely.

Q. I note in terms of the Gardaí who you dealt with regularly 332

from the Dundalk area, who would you have had most contact

with?

A. Well, I think the people I would have most contact with was

Inspector Dan Prenty, who was here today, and indeed I

think Chief Superintendent John Nolan, and I would have

found both of them to be very honourable and decent people.

Q. Now, once you moved, at the end of '88 into the area of oil 333

smuggling rather than grain smuggling, did that end your

involvement in 'Operation Amazing'?

A. Well, by and large, I mean it ended what -- the active

side, because the investigations on the southern side had

by and large been completed. They continued for sometime

in Northern Ireland afterwards, there was some further

operations and arrests but they were on the northern side

of the border.

Q. I think you referred to those. There were arrests in May 334

1989, including the arrest of John McAnulty who was

mentioned in evidence earlier this morning, you may have

heard that. Were you aware of those arrests?

A. I was aware of them at the time but was not involved in any

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way in the operation.

Q. Did you know John McAnulty? 335

A. I didn't know him personally but knew of him.

Q. Knew of him? 336

A. Yes.

Q. Was he involved in grain smuggling? 337

A. Yes, he would have been, as I said, on the periphery if not

directly, yes.

Q. And I think you state in your statement that "My belief at 338

the time is that he was providing information to HM (C&E)

and not the RUC."

A. I think that was again in response to a question that -- I

would never have any information that he would have been,

would have been talking or providing information to the

RUC, absolutely not.

Q. But there was some -- 339

A. Again, it was my belief, but again, as I said, in the

intelligence world you never say well, you know, John

McAnulty is up here talking to me giving me good

intelligence. That just wouldn't happen. You ask me why I

have that belief. I couldn't tell you but...

Q. You also say in your statement you had an awareness of the 340

activities of Brian Ruddy. Could you just outline that to

the Chairman, please?

A. Again, I would have, during the course of my investigations

I would have come across Brian Ruddy as well and I would

have had occasion to search a premises belonging to him; it

was in relation to counterfeit medicines and hormones.

Q. And just one final area, Mr. McGill, I'd like to explore 341

with you is, you deal in your statement as well with the

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smuggling of cars in that area at that time, and I wonder

you could just explain to the Chairman what the scam, so to

speak was or?

A. Again, Chairman, there was, I suppose, again going back to

that time, I would have dealt with two particular scams.

One of them in particular would have been the issuing of

forged documents. It was an old document called an MV4 at

the time. It's all changed now. And where there was bogus

documents issued and people took in high valued cars, went

around to various County Council offices, produced the

bogus documents and got the cars registered without paying

the appropriate duty. That was one method. And the other

method would have been, again, where we found on occasions

where cars, it might have been crashed here or written off

for one reason or another, a car would have been smuggled

in from Northern Ireland or the UK and a southern plate --

what we call ringing the car -- a southern plate put on it

and maybe the chassis number would be scraped off it so we

couldn't identify it when we went to look at the car. They

would have been the two main ways of evading the duty.

Q. And in relation to the importation of cars, can you just 342

explain what the paper trail would be in the case of a

legitimate importation?

A. A legitimate importation would show that the car was

purchased, say, let's say you'd have a purchase for a car

in the jurisdiction, be it Northern Ireland or in the UK,

you would have the documents relating to that car, the

registration documents, whatever was needed. You take

those with you to the nearest Customs station because the

car would have to be what we call declared at the nearest

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station and where the duty, I think -- again my memory

isn't good, but I think it was an ad valorem duty, it would

be a rate of duty based on the value of the car that would

have to be paid at that particular time.

MR. VALENTINE: Thank you very much, Mr. McGill. If you'd

answer any questions My Friends have.

MR. COFFEY: I wish to ask some questions, Mr. Chairman.

THE WITNESS WAS CROSS-EXAMINED BY MR. COFFEY AS FOLLOWS:

Q. MR. COFFEY: Mr. Chairman, I appear on behalf of retired 343

Sergeant Colton, and can you tell us when did you retire

from the Revenue authorities?

A. I am still working with them.

Q. Oh, you are still there? 344

A. I am still working there.

Q. I am obliged. Just for the record, I will repeat one or 345

two questions. First of all, just to confirm, I appear on

behalf of retired Sergeant Colton.

A. Okay.

Q. And you have kindly confirmed that in fact you are a still 346

a serving member of the Revenue authorities?

A. That's correct, yes.

Q. And do your current duties still involve going up to the 347

border areas?

A. Well my current duties still involve hydrocarbon oil, and I

mean the problem now is, as we know, it's oil laundering

rather than smuggling, so I'm still involved at that side,

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yes.

Q. And was oil laundering always a part of the oil smuggling? 348

A. Well it was always there, it was always there, laundering

was always there but smuggling always -- it varied. At the

time, going back to when we are talking, the prices in the

south were considerably dearer than the prices in the

north, so consequently the smuggling was north to south.

Whereas in the mid to late nineties the prices changed

around, so you had a large smuggling problem from south to

north then, because, again, the economic circumstances

dictate which direction the product goes, be it oil or

anything else.

Q. Is it fair to say, Mr. McGill, that smuggling at all times 349

has involved potentially and actually large sums of money,

either depriving the State, north and south, of large sums

of revenue and illegally enriching smugglers?

A. That's very accurate, absolutely, yes.

Q. And given the -- given that confirmation that large sums of 350

money are involved, would you agree that smugglers would go

to great lengths, first of all, to protect their illegal

contraband goods and to put a lot of planning into the

whole exercise of smuggling?

A. Absolutely, I would agree with that, yes.

Q. And again, can you tell the Tribunal, in the event of any 351

seizures made by the Revenue either north or south, would

the smugglers make any efforts to retrieve any of the

impounded goods?

A. Yes, there has been on occasion, again I cannot give you

specifics but yes, there have been attempts to rescue goods

from time to time, yes.

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Q. And on occasion would the Customs officials be either 352

threatened with violence or suffer actual violence in those

circumstances?

A. Again, that has happened in the past, yes. I mean --

Q. I think it's common case that Customs cars were rammed or 353

--

A. They were rammed, and indeed we have had officers assaulted

on the border.

Q. Assaulted? 354

A. Yeah.

Q. So this was an ongoing personal risk that Customs officials 355

had to endure?

A. Yeah. Well, yes.

Q. Now, I think that at the beginning of your direct evidence 356

you mentioned the Edenappa Road, am I correct in that?

A. That is correct, yes.

Q. And would you accept that that was, if you like, a 357

recognised smuggler's route going north to south or south

to north?

A. I would of course, yes, exactly.

Q. And again, in keeping with your evidence that planning 358

would go in to smuggling exercises. Would that planning

involve surveillance of Customs cars, police cars, either

RUC or Garda cars, or, if you like, official traffic moving

on that road?

A. It's quite possible. Again, I'll be very honest, I cannot

say yes or no to that because, again, I didn't operate in

that area. What we normally did, we planned our operations

in Dublin, we went up and we did a job and we pulled back

out again after three, four days to a week, or whatever.

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Q. Well, did you have, your unit, did it have direct working 359

relationships with the Customs officials based in Dundalk,

for instance?

A. Oh, of course we would have had, yes.

Q. And I take it that Customs officials based in Dundalk would 360

have long term service in the Dundalk area?

A. Absolutely, yeah.

Q. And that service would involve patrolling, say, from Omeath 361

over to south Monaghan, say, for instance?

A. Correct, yeah.

Q. And is it fair to say that such local officers, just by the 362

passage of time, would become well known to smugglers and

people associated with smuggling?

A. Absolutely. It was -- of course it would, it was in their

interests to know who was in the local stations.

Q. And can we take it, as a matter of course, that in order to 363

facilitate the exercise of smuggling, smugglers would want

to avoid coming across road checkpoints mounted by the RUC,

the Gardaí or the British army?

A. They wouldn't want to come in contact with any authority of

any description.

Q. And therefore they would be monitoring those services 364

independent of the Customs?

A. Of course, yeah.

Q. And again from that point of view, the Edenappa Road, you 365

have already acknowledged, was an important route?

A. Yes, yes, particularly for grain smuggling, yeah.

Q. And consistently so since you came up there in the late 366

eighties?

A. Yes, indeed it was, yeah.

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Q. And just if I may, you said, indeed, that you weren't 367

disposed to sharing intelligence with your own...

A. Well I mean, and I'm saying that I wasn't disposed really

to sharing intelligence only with a very, very small group,

be it our own or be it anybody else.

Q. Would information be shared with local officers? 368

A. Such information would be, yeah.

Q. You mentioned the facility whereby under EU legislation 369

Revenue officials could move from south to north or north

to south?

A. Yeah.

Q. Did that facility also attach to the local Customs men 370

based in Dundalk say, or Newry?

A. No, that would, by and large, be -- it does nowadays, but

by and large, at that time it would have been the two

investigation branches that worked with each other very

closely. There would have been a good work relationship

between Customs north and south, but we would -- we would

have worked the EU legislation Investigation Branch to

Investigation Branch; it was done for the purposes of

investigation.

Q. And from the point of view of the personal safety of 371

Revenue officials, was there any one area of smuggling more

riskier than others? I mean if I could put it this way:

was the personal security of Customs officials at greater

risk if they were investigating oil smuggling over and

above grain smuggling or were all --

A. I suppose, I mean the personal security issue was, and it

was more about the people who were dealing with than the

commodity, and certainly we would have had more trouble

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dealing with oil smuggling, let's put it that way, than we

would have had with grain smuggling.

Q. Evidence has been given by other witnesses that there was, 372

if you like, a dual membership, some people who were in the

IRA were actually engaged in smuggling themselves, and that

they, if you like, engaged in IRA activities at some point

in the day and then went on to drive lorries, smuggling and

so forth. Would you accept that?

A. Well that would have been a commonly held belief, yeah, at

the time, and I had no reason to disbelieve that, yeah.

MR. COFFEY: Thank you, Mr. McGill.

THE WITNESS WAS CROSS-EXAMINED BY MR. RAFFERTY AS FOLLOWS:

MR. RAFFERTY: I'll be literally five minutes,

Mr. Chairman. Is there anyone else who?

Q. Sir, you have described smuggling, I think you used the 373

phrase not all smugglers were paramilitaries, is that

correct?

A. That would be our belief, yes.

Q. But it does follow, does it not, particularly in South 374

Armagh, that there was a significant paramilitary

involvement in smuggling?

A. Again, that would be our well held belief at that time,

yes.

Q. And in relation to how you operated and how HMRC operated, 375

would it be fair to say that in the eighties and nineties,

and even up to today, that if you were mounting operations

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in south Armagh or north Louth, that you may require police

backup?

A. Not may. We certainly would require police backup.

Q. Still to this day? 376

A. Still to this day, yes.

Q. So it really was a case where there was a significant 377

security threat to your officers?

A. The security threat was always there, but I mean, we, maybe

naively, but we always felt because they were there looking

at a smuggling operation that the threat possibly wasn't as

big as it might have been otherwise.

Q. You see, it's one of, I suppose, the admirable qualities of 378

both yourself and HMRC that, so some extent, you folks

looked upon yourselves as just doing your job about

smuggling?

A. Well that was our focus, yes.

Q. And tried to turn a blind eye to, I suppose, the reality, 379

that a lot of smuggling was connected with paramilitaries?

A. Well, we operated -- again we would be very conscious of

what we had a competency for and a competency for dealing

with terrorism or IRA activity would have been a Garda

competency, and so for that reason we stayed well away from

that.

Q. You stayed well away? 380

A. Yes.

Q. And understandably so, sir, you stayed well away from that. 381

Now, you indicated to My Friend Mr. Coffey, that oil

smuggling caused you more difficulties than grain

smuggling?

A. Yes.

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Q. Can I suggest to you that that was because, not to put a 382

tooth in it, 'Slab' Murphy was involved in the oil

smuggling; it was personnel rather than types of smuggling?

A. As I said, it was personnel, and again I'd have to be very

fair to everybody here, and yes, I can agree with that, but

it wasn't only 'Slab' Murphy.

Q. Not only 'Slab' Murphy, but he certainly was a major player 383

in oil smuggling in that area?

A. At that time, yes.

Q. And if you believe allegations that were made here, he was 384

also significantly involved in the IRA?

A. That allegation has been going around since I joined the

job.

Q. Since pussy was a cat, yes. Now, can I suggest to you that 385

in relation to smuggling in south Armagh, the IRA, in

particular, made money out of smuggling in south Armagh?

A. Again, that would have been -- again, it would have been

our belief but again, I could not -- if you asked me for

proof at any time, I couldn't give you it.

Q. And there was two ways that they made money: one was to do 386

it themselves and the other was to tax it.

A. And again that was -- that would be a commonly held belief

at the time, yes.

Q. And in order to tax something, you rely upon people to make 387

their tax return, don't you?

A. Yeah, yes.

Q. For example, a grain smuggler making £10,000 on a run pays 388

10 percent; he pays his money over?

A. Again, yeah, I am not -- I mean I really -- I don't know,

you are possibly right, I don't know.

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Q. Well, in your experience would I be close to the mark? 389

A. Well I mean, as I said, again it would be a belief at the

time that, yes, there was two ways of doing it.

Q. What happened, in your experience, to people who fell out 390

with paramilitaries and didn't pay their tax?

A. Well, to be very honest, I didn't have experience with

anybody who fell out and didn't pay their tax, do you know

what I mean? I mean, we just dealt -- the people we dealt

with, I mean they would never tell you -- even if they did

fall out, they would never tell you that, it's as simple as

that.

Q. Well, in relation to, would it be fair to say that in order 391

to, as it were, run the tax system, the IRA had a fairly

highly evolved intelligence network; they knew who were

smuggling in the area?

A. Well I think it's my belief that probably most people in

the border area knew exactly what was going on, other than

the authorities.

Q. So if somebody was smuggling -- I think that's actually 392

probably a fair point. Certainly the IRA would have their

ear to the ground for anybody smuggling on their patch who

wasn't paying tax?

A. Yeah, I will accept that, yeah.

Q. And if you fell out with the IRA, could you get yourself 393

abducted, kidnapped and a bit of a beating?

A. I don't really want to comment on that. I don't know. I

mean...

Q. That's fair enough. Lastly, you described people that you 394

dealt with, for example Dan Prenty?

A. Yes.

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Q. How did you describe him, sir? 395

A. As an honourable man, that's how I described him.

Q. Straightforward, honest man? 396

A. Straightforward, honest and honourable, yes.

MR. RAFFERTY: Thank you very much.

THE WITNESS WAS CROSS-EXAMINED BY MR. LEHANE AS FOLLOWS:

Q. MR. LEHANE: Good afternoon, sir. Just in relation to your 397

last question, am I correct in understanding your evidence

that you began your border operations, If I call it that,

in 1987?

A. That would be correct, yes.

Q. Okay. And during the course of your, if I call it your 398

border operations, you looked at issues of oil smuggling,

grain smuggling and all other types of smuggling, is that

right?

A. By and large. Well oil smuggling and grain smuggling in

particular, and indeed I'll mention hormones at the time,

and growth promoters.

Q. Just in relation to your evidence to intelligence 399

gathering, the Customs and Excise service had its own

sources of intelligence gathering?

A. Had its own, yes, we had our own, yes.

Q. And again, you were very careful of your sources because 400

you said you were very careful about who you shared

intelligence information with within your own organisation?

A. And that was no disrespect to anybody in there but yes,

that's the way we did our business, yes.

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Q. And would you regard your intelligence as competent, 401

subject to the rather flippant comment that was made a

moment ago about people on the ground knowing more than you

did, would you agree with me that you were fairly competent

at collecting intelligence?

A. Yes, at the time, yes.

Q. About who was doing what? 402

A. Yes.

Q. And in what volume? 403

A. Yes, absolutely, we would have a good idea.

MR. LEHANE: Many thanks.

CHAIRMAN: Thank you.

MR. VALENTINE: I have no questions.

CHAIRMAN: Anybody else have questions??

MR. VALENTINE: I have no questions in re-examination.

CHAIRMAN: Thank you very much, Mr. McGill. I am very

grateful to you for the very clear evidence you have given.

THE WITNESS THEN WITHDREW.

MR. VALENTINE: There is just one very brief matter which

arises, and it's just a matter which has come to the

attention and it deals with evidence in relation to the

travel arrangements of Sir John Hermon. Evidence in that

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regard has been heard by you, sir, by Mr. Terry Hynes,

Mr. Paddy O'Connell, Mr. Jimmy Spratt and Mr. Owen

Corrigan, and indeed today, on a separate matter, by Mr.

Prenty. But I'm just going to put into the record three

extracts from the autobiography of Mr. Hermon entitled

'Holding the Line' which Mr. Mills is kindly putting up on

the screen there.

And the first extract is on page 150. It relates to a

trip, and this is in respect of evidence given by Mr.

Spratt. It was put to Mr. Spratt that Sir John Hermon had

travelled to Dublin Airport to, in relation to his son who

was in America. Mr. Spratt said that he didn't have a son

in America, he had a daughter in America, and he said that

he never, in his experience, Sir John Hermon never

travelled through Dublin Airport.

In the middle of that page, page 150, paragraph beginning

"Since Jean and I had had little or no respite for two

years we decided to take an extended period of leave in the

United States. We timed our holiday to coincide with a

conference of the IACP (International Association of Chiefs

of Police) in Atlanta, Georgia from the 13th to the 18th

November 1982. We also wanted to visit Barbara and Kevin

in Florida..." -- and it's clear from elsewhere in the

autobiography that Barbara is indeed his daughter -- "...

primarily to reassure ourselves that they were settling

down happily into married life. Our arrangements were

finalised with departure booked from Dublin Airport early

on the 12th November and our return from Atlanta on the 6th

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December."

And overleaf, on page 151, Sir John Hermon recounts his

return on the 6th December. He deals with certain

atrocities that occurred in the intervening period. He

confirms, at the top of that page, that he departed for

Dublin, so that he travelled out of Dublin as is indicated

on the previous page, and then he deals with a number of

atrocities that occurred during his 26 days leave, and then

in the third paragraph he says that "It was in the

aftermath of this that Jean and I arrived back in Dublin

Airport on the morning of the 6th December. We were met by

our usual RUC drivers in the official car and had a Garda

escort to the border."

Also then in relation to Sir John Hermon's contact with

members of the guards who were involved in his escort, I'm

just going to read an extract from page 247. This recounts

the evening -- he is recounting here, his wife Jean died

and he is recounting the evening of his marriage to Lady

Sylvia Hermon, which was on the 31st December 1988, and in

the final paragraph of that page, he said: "Remaining

unorthodox to the end, Sylvia refused to change into her

going away outfit, preferring instead to wear her wedding

dress until midnight as the 31st December 1988 was the only

day she would wear it. We left Headquarters around 7 p.m.

and travelled to the border where we transferred to a Garda

car and went to begin our honeymoon in Dublin, probably the

last place anyone would have expected us to go."

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Obviously, sir -- Chairman, these extracts weren't put to

Mr. Spratt because the Tribunal wasn't aware of them at the

time, they weren't put to Mr. Spratt when he gave evidence,

so in fairness to him we sent Mr. Spratt a copy of these

extracts and asked him did he wish to comment on them in

any way, and yesterday the Tribunal received an e-mail from

Mr. Spratt which I think I'll just read into the record.

It's addressed to Ms. Walsh and says:

"Subsequent to my giving evidence the Tribunal furnished to

me extracts of the autobiography of Sir John Hermon

entitled 'Holding The Line' which Tribunal and counsel

intends to read into the record of the Tribunal and asked

me did I wish to make any comment on them.

These extracts indicate that Sir John Hermon and his wife

Lady Jean Hermon flew from Dublin Airport to the United

States of America on the 12th November 1982 en route to a

conference in Atlanta and a visit to his drawer Barbara and

her husband in Florida. The extracts indicate that the

Hermons arrived back in Dublin Airport on the 6th December

1982 where they were met by their usual RUC drivers in the

official car and had a garda escort to the border. The

extracts also indicate that on the 31st December 1988, on

the evening of his marriage to Lady Sylvia Hermon, they

both travelled to the border where they transferred to a

Garda car and went to begin their honeymoon in Dublin.

I was in the aware that the Hermons had travelled through

Dublin Airport on 12th November 1982 and the 6th December

1982. My third son was born in early October 1982. Due to

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working a considerable amount of overtime in the preceding

period, which was a very difficult period in the Troubles,

I was due a lot of leave. In late October, I commenced a

period of six or seven weeks leave. It seems that part of

this was arranged to correspond with the period of three

and a half weeks where Sir John Hermon was himself abroad

on holiday. At no time did I take Sir John Hermon to or

collect him from Dublin Airport.

In relation to Sir John Hermon's travel arrangements on the

evening of his marriage to Lady Sylvia on the 21st December

1988, as I indicated in my evidence to the Tribunal, my

tenure in the Chief Constable's personal security detail

ended sometime in early 1986. As I indicated in my

previous statement to the Tribunal, in latter years the

security around the Chief Constable was cut back somewhat

in that only one RUC travelled rather than two cars as had

been the case for most of my tenure.

I confirm that I am happy to return to the Tribunal to give

evidence in relation to the above, if so required.

Yours sincerely.

Jimmy Spratt. MLA."

Just in relation to that, Chairman, the Tribunal -- Mr.

Spratt isn't contesting the accuracy of anything in the

autobiography. The Tribunal doesn't propose to recall him

to give evidence in relation to what he has put in his

e-mail unless anyone feels that that's necessary.

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CHAIRMAN: I think that that puts the matter plainly to

bed. I think you'd agree with that Mr. Lehane? We can't

-- it's a side issue and we can't, you know, forever be

recalling this witness and that witness. That deals with

the matter of the points in Mr. Spratt's evidence that in

fact could be criticised by your client and he has now

conceded that they were not correct and this matter

clarifies that and I think that puts an end to it.

MR. LEHANE: I am just indicating my agreement. My

instructions are that in light of the extracts from Mr.

Hermon's autobiography that have been read into the record,

and in light of the evidence that had been given both by my

client and two other members of An Garda Siochana that the

late Sir Jack Hermon travelled south, that we don't feel

the need to cross-examine him if that is going to be

acceptable to the Tribunal, which of course you have just

indicated

CHAIRMAN: I am very grateful to you, thank you very much,

Mr. Lehane.

MR. VALENTINE: That concludes today's business, Chairman,

and hopefully if Mr. Lehane's client is in a position to

resume his evidence this day week on the 29th June...

CHAIRMAN: Yes, we are looking forward to that, Mr. Lehane,

and if any developments should arise, you will of course, I

am sure, keep us posted of them. Thank you very much.

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THE TRIBUNAL ADJOURNED UNTIL FURTHER NOTICE.

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''88 [2] - 67:6, 76:17'89 [3] - 67:7, 67:12'95 [1] - 59:10'Big [2] - 20:17, 20:25'Holding [2] - 90:6, 92:12'intelligence [2] - 56:16,

56:19'maize' [1] - 66:2'Operation [5] - 65:22,

65:23, 66:1, 66:19, 76:19

'Ops [1] - 65:22'Slab' [4] - 72:16, 86:2,

86:6, 86:7

001:00 [1] - 72:22

11 [1] - 73:1510 [3] - 16:13, 17:29,

86:28104 [1] - 3:30105 [2] - 14:21, 14:22121A [1] - 55:2312:00 [1] - 72:2312:20 [1] - 37:812:25 [2] - 17:15, 26:1612th [4] - 10:18, 90:30,

92:17, 92:2913th [5] - 3:18, 3:20, 33:8,

33:25, 90:2314,000 [1] - 72:20148 [1] - 14:2214th [6] - 3:13, 3:22,

32:26, 33:25, 34:1, 34:26

15 [1] - 69:17150 [2] - 90:9, 90:18151 [1] - 91:315th [4] - 3:23, 33:25,

34:1, 34:26161 [1] - 18:2816th [5] - 3:24, 13:21,

33:8, 33:25, 34:217th [12] - 15:14, 15:18,

21:7, 26:16, 36:25, 37:6, 37:8, 37:12, 39:19, 40:13, 41:3, 43:12

18th [2] - 3:17, 90:231969 [1] - 59:81977 [1] - 62:141980s [1] - 62:61982 [6] - 90:24, 92:17,

92:21, 92:29, 92:301985 [1] - 56:51986 [8] - 3:11, 3:13,

8:23, 32:27, 33:1, 49:7, 50:13, 93:14

1987 [10] - 3:18, 3:20, 3:23, 3:24, 13:11, 13:19, 13:21, 33:8, 88:13

1988 [8] - 66:16, 66:18, 66:23, 67:9, 91:21, 91:25, 92:23, 93:12

1989 [13] - 15:14, 15:18, 21:7, 22:22, 24:3, 42:22, 44:15, 67:20, 67:21, 70:28, 72:14, 72:23, 76:27

1RRF [1] - 73:201st [2] - 72:23, 73:16

220 [1] - 50:2320/1 [2] - 10:15, 10:162012 [1] - 1:120th [4] - 13:19, 22:22,

29:121 [1] - 9:2221/1/1987 [1] - 9:1921st [2] - 71:4, 93:1122/1 [2] - 10:15, 10:1622/1/'87 [1] - 10:1722ND [1] - 1:123/1 [1] - 11:7239 [1] - 31:1624 [7] - 14:27, 14:28,

15:29, 17:9, 18:14, 18:25, 18:26

247 [1] - 91:1825 [1] - 50:23258 [1] - 4:126 [1] - 91:9267 [1] - 5:827 [2] - 74:19, 74:2527th [1] - 72:2328 [1] - 72:1828/1/'87 [2] - 9:21, 9:2329/1/1987 [1] - 11:729th [1] - 94:252nd [2] - 3:16, 73:19

330 [1] - 50:1431st [4] - 24:3, 91:21,

91:25, 92:2338 [3] - 10:15, 10:20,

10:24

55 [1] - 73:3053 [1] - 14:225th [1] - 73:21

66 [2] - 16:13, 17:296/10 [1] - 8:226/10/1986 [1] - 13:960-hour [1] - 72:1962 [1] - 31:156th [6] - 8:22, 90:30, 91:4,

91:12, 92:20, 92:29

77 [1] - 91:26

70 [2] - 3:30, 4:17th [2] - 3:11, 72:14

99.30 [1] - 18:1099 [1] - 58:199.9 [3] - 17:26, 37:23,

43:229:30 [2] - 16:3, 29:12

Aa.m [4] - 16:13, 17:15,

26:16, 37:8abducted [6] - 21:25,

37:4, 37:17, 37:21, 39:5, 87:25

abduction [9] - 17:2, 22:11, 22:13, 30:8, 37:7, 40:23, 41:2, 55:14, 57:7

ability [1] - 50:5able [2] - 14:6, 25:25abroad [1] - 93:6absolute [1] - 58:17absolutely [18] - 25:2,

47:24, 51:27, 64:20, 65:14, 70:23, 71:8, 71:14, 75:2, 75:19, 76:9, 77:15, 80:17, 80:23, 82:7, 82:14, 89:10

abuse [1] - 49:16accept [10] - 29:15,

33:21, 34:29, 36:23, 46:13, 46:20, 49:10, 81:17, 84:8, 87:23

acceptable [1] - 94:17access [1] - 72:7accident [2] - 49:23,

49:26accidents [1] - 49:20accompany [1] - 33:28according [1] - 74:29accordingly [1] - 50:27accuracy [1] - 93:26accurate [1] - 80:17acknowledge [2] - 38:28,

44:13acknowledged [2] - 45:8,

82:26acknowledging [2] -

43:17, 44:17acted [1] - 63:11action [3] - 73:22, 75:25,

75:26active [2] - 41:5, 76:20actively [1] - 63:22activities [7] - 30:25,

45:12, 64:22, 74:16, 75:11, 77:23, 84:6

activity [6] - 64:25, 67:23, 67:26, 74:5, 75:7, 85:21

actual [1] - 81:2ad [1] - 79:2add [1] - 72:25added [1] - 41:6

additional [2] - 35:26, 73:26

addressed [2] - 20:22, 92:9

addresses [1] - 73:20ADJOURNED [1] - 95:1administration [1] -

50:29admirable [1] - 85:12advice [1] - 73:10advisable [1] - 26:3advised [1] - 52:21afraid [1] - 47:12aftermath [1] - 91:11afternoon [3] - 62:4, 62:5,

88:10afterwards [1] - 76:23agencies [3] - 64:1,

64:18, 75:13agency [5] - 64:11, 64:12,

65:7, 71:19, 71:30agent [3] - 52:23, 52:30,

53:2agitated [1] - 74:21ago [3] - 57:29, 59:18,

89:3agree [11] - 5:21, 6:19,

32:11, 35:13, 53:12, 53:28, 80:19, 80:23, 86:5, 89:4, 94:2

agreed [4] - 6:19, 51:17, 51:18, 51:20

Agreement [1] - 3:12agreement [1] - 94:10Airport [8] - 90:12, 90:16,

90:29, 91:12, 92:16, 92:20, 92:29, 93:8

Alan [1] - 71:6alerted [5] - 19:24, 26:26,

26:27, 27:2, 27:11allegation [2] - 51:27,

86:12allegations [1] - 86:10alleged [3] - 72:19, 72:26,

74:22allowed [3] - 63:16,

63:17, 63:19almost [1] - 74:7alongside [2] - 63:18,

63:20alteration [1] - 49:17alternatively [1] - 62:25amazed [1] - 19:17Amazing' [6] - 65:22,

65:23, 66:1, 66:19, 76:19

America [4] - 90:13, 90:14, 92:17

amount [2] - 67:2, 93:1amounts [2] - 62:27,

62:28analysed [1] - 64:15Anglo [1] - 3:12Anglo-Irish [1] - 3:12answer [29] - 4:7, 4:10,

4:13, 4:16, 4:20, 4:23, 4:26, 4:28, 5:1, 5:12, 5:15, 5:20, 5:22, 9:28,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

1

14:26, 15:6, 15:30, 18:12, 18:15, 18:18, 19:2, 31:15, 31:21, 40:8, 49:30, 53:5, 53:7, 75:28, 79:7

Answer [2] - 5:3, 15:28answered [1] - 73:1anticipate [2] - 54:17,

61:6anxious [1] - 45:4anyhow [1] - 23:24anyway [2] - 22:24, 54:7apart [2] - 13:28, 58:2apologies [4] - 1:3, 3:5,

10:19, 21:4apparent [1] - 20:30appear [8] - 15:12, 16:21,

25:26, 26:13, 31:8, 55:2, 79:13, 79:20

appearance [4] - 3:14, 3:15, 6:6, 7:21

appeared [5] - 3:21, 3:22, 12:15, 28:13, 36:2

apply [1] - 7:24appointed [2] - 50:13,

51:1appreciate [1] - 45:4apprise [1] - 32:5approached [3] - 6:15,

21:30, 38:17appropriate [1] - 78:12April [3] - 67:12, 67:20,

67:21area [22] - 19:10, 19:21,

31:29, 41:7, 66:27, 67:15, 67:24, 67:25, 68:12, 68:18, 69:14, 70:3, 76:11, 76:17, 77:29, 78:1, 81:28, 82:6, 83:23, 86:8, 87:15, 87:17

areas [7] - 64:9, 65:3, 65:4, 69:5, 69:6, 69:8, 79:27

arise [2] - 11:19, 94:28arisen [1] - 47:5arises [1] - 89:28arising [3] - 4:11, 27:29,

75:15Armagh [11] - 19:10,

21:25, 22:3, 37:4, 38:24, 41:7, 72:17, 84:24, 85:1, 86:15, 86:16

armed [5] - 6:10, 7:12, 7:22, 7:23, 26:24

arms [2] - 7:27, 9:16Army [2] - 64:5, 72:5army [6] - 8:21, 66:7,

66:9, 74:5, 74:6, 82:19arose [2] - 5:10, 26:5arranged [2] - 35:30, 93:5arrangements [3] - 89:30,

90:28, 93:10arranging [2] - 7:4, 7:5arrest [2] - 30:25, 76:27arrested [4] - 22:5, 39:6,

39:16, 39:28

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arrests [3] - 76:24, 76:26, 76:29

arrive [1] - 59:11arrived [6] - 6:26, 7:17,

11:28, 48:15, 91:11, 92:20

articles [2] - 33:12, 34:25AS [9] - 1:1, 2:2, 26:11,

31:6, 54:29, 62:2, 79:11, 84:14, 88:8

aside [1] - 34:10aspect [1] - 42:6assassination [1] - 41:14assaulted [2] - 81:7, 81:9assessed [1] - 51:19assigned [3] - 7:30,

10:12, 35:29assist [3] - 7:17, 32:2,

38:6assistance [2] - 63:17,

64:9Assistant [3] - 24:2,

24:16, 24:20assisted [2] - 22:11,

40:22associated [3] - 64:23,

64:24, 82:13Association [1] - 90:22assume [5] - 9:9, 19:22,

21:13, 25:28, 39:26assumed [1] - 37:13assuming [1] - 28:5assumption [1] - 39:26astonishing [1] - 49:30Atlanta [3] - 90:23, 90:30,

92:18atrocities [2] - 91:5, 91:9attach [1] - 83:12attached [2] - 21:20,

28:16attempt [4] - 16:14,

17:24, 25:12, 64:28attempting [1] - 36:21attempts [2] - 73:6, 80:29attention [4] - 26:15,

26:19, 45:7, 89:29auctioneer [3] - 44:21,

44:26, 44:30August [8] - 3:11, 3:13,

32:8, 32:14, 32:23, 32:25, 32:26, 33:1

authorised [1] - 59:25authorities [10] - 22:9,

40:4, 50:22, 63:30, 64:2, 64:15, 65:30, 79:15, 79:24, 87:18

authority [2] - 75:9, 82:20autobiography [5] - 90:5,

90:26, 92:11, 93:27, 94:12

available [4] - 16:16, 16:17, 25:30, 30:25

avoid [1] - 82:18aware [29] - 11:30, 12:1,

12:3, 13:8, 14:24, 15:26, 20:4, 21:2, 24:19, 29:21, 29:24, 29:28, 30:7, 30:19,

30:23, 33:1, 33:11, 45:16, 47:6, 47:19, 48:5, 52:2, 67:1, 73:3, 76:29, 76:30, 92:2, 92:28

awareness [1] - 77:22axe [3] - 20:3, 20:5, 20:9

Bbacked [1] - 66:8backup [4] - 64:7, 64:10,

85:2, 85:3bad [2] - 35:3, 44:16bail [1] - 3:16bald [1] - 72:24Ballybinaby [6] - 66:29,

67:24, 67:28, 69:5, 75:4, 75:30

Barbara [3] - 90:24, 90:26, 92:18

Barns [1] - 8:20based [8] - 45:23, 47:1,

50:10, 55:23, 79:3, 82:2, 82:5, 83:13

basic [5] - 8:26, 10:4, 10:6, 10:19, 11:8

basis [3] - 45:17, 65:5, 76:1

bear [2] - 9:16, 11:14beating [1] - 87:25became [2] - 15:26, 29:20become [2] - 14:24, 82:12bed [1] - 94:2BEEN [2] - 2:1, 62:1beg [7] - 10:28, 16:24,

28:29, 34:16, 36:5, 37:2, 51:3

began [1] - 88:12begin [2] - 91:28, 92:26beginning [2] - 81:14,

90:18behalf [4] - 46:9, 55:2,

79:13, 79:21behaviour [1] - 44:20behind [1] - 73:21Belfast [5] - 39:11, 65:28,

68:6, 71:27, 71:28belief [12] - 40:28, 74:10,

77:9, 77:17, 77:21, 84:9, 84:22, 84:26, 86:18, 86:22, 87:2, 87:16

belonging [1] - 77:27below [1] - 3:7Ben [1] - 49:10Bessbrook [1] - 73:16best [8] - 14:13, 55:18,

56:6, 58:10, 59:10, 65:12, 72:2, 72:4

better [2] - 2:23, 69:27between [6] - 33:8, 62:16,

62:19, 72:22, 75:15, 83:18

beyond [1] - 73:23big [4] - 20:22, 64:8,

67:17, 85:11bit [3] - 14:11, 66:30,

87:25blind [1] - 85:17bogus [2] - 78:8, 78:11book [6] - 3:30, 23:8,

45:13, 45:25, 47:8, 47:18

booked [1] - 90:29border [37] - 4:30, 6:10,

6:12, 6:26, 7:8, 11:28, 19:21, 33:19, 39:10, 48:26, 62:26, 63:2, 65:3, 66:5, 66:11, 66:14, 66:22, 66:27, 67:29, 67:30, 68:9, 68:12, 68:17, 69:6, 69:7, 69:8, 70:3, 76:25, 79:27, 81:8, 87:17, 88:12, 88:16, 91:14, 91:27, 92:22, 92:25

bore [1] - 56:5born [1] - 92:30borne [1] - 3:27box [4] - 9:3, 9:6, 25:5,

50:2Branch [11] - 7:7, 8:3,

19:18, 50:24, 51:13, 62:8, 62:9, 62:14, 71:21, 83:19, 83:20

branches [1] - 83:16Breen [8] - 22:16, 41:12,

41:15, 41:18, 47:13, 71:4, 74:20, 74:25

Brian [3] - 9:13, 77:23, 77:26

bridge [1] - 25:29brief [1] - 89:27briefed [2] - 30:2, 30:24bring [2] - 48:19, 66:28British [2] - 72:5, 82:19brother [5] - 23:18, 30:24,

37:27, 37:28, 38:1brought [3] - 2:14, 23:7,

26:19Buchanan [5] - 22:16,

41:12, 41:15, 41:19, 47:13

Bull [3] - 31:28, 34:5, 36:19

Burke [2] - 9:7, 9:8business [5] - 20:16,

20:19, 73:4, 88:30, 94:23

but.. [1] - 77:21BY [8] - 2:1, 26:10, 31:5,

54:29, 62:1, 79:11, 84:14, 88:8

CC&E [1] - 77:10C77 [25] - 2:19, 14:9,

15:10, 20:30, 21:11, 29:20, 30:15, 36:23, 36:27, 36:30, 38:1, 39:3, 39:17, 40:25, 43:8, 45:14, 45:22, 53:10, 53:17, 53:29, 55:23, 55:27, 56:4,

57:13, 57:17C77s [5] - 21:1, 30:22,

53:24, 54:9, 56:29Callan's [1] - 52:2cannot [4] - 52:17, 68:2,

80:28, 81:26capacity [2] - 65:2, 66:28car [38] - 4:19, 6:27, 7:17,

11:23, 12:2, 12:8, 20:3, 20:5, 20:6, 20:10, 31:23, 31:26, 31:27, 31:28, 31:30, 32:19, 34:4, 34:11, 35:9, 35:14, 35:18, 35:26, 36:2, 36:4, 36:6, 36:19, 78:15, 78:17, 78:19, 78:24, 78:25, 78:27, 78:30, 79:3, 91:13, 91:28, 92:22, 92:26

careful [4] - 20:12, 69:26, 88:26, 88:27

carr [1] - 10:29Carr [2] - 10:29, 11:1carried [7] - 9:20, 10:26,

20:19, 21:15, 69:4, 69:7carry [8] - 5:7, 7:27, 8:15,

13:24, 59:22, 59:26, 61:8, 61:11

carrying [4] - 13:5, 18:7, 20:26, 68:29

cars [17] - 6:18, 7:10, 7:13, 7:14, 7:15, 33:20, 78:1, 78:9, 78:11, 78:14, 78:21, 81:5, 81:23, 81:24, 93:17

case [13] - 3:24, 15:12, 20:13, 22:22, 29:23, 55:8, 59:4, 59:20, 59:21, 78:22, 81:5, 85:6, 93:18

cat [1] - 86:14caused [1] - 85:28Ceili [1] - 52:3Cell [1] - 73:16certain [11] - 19:22, 39:7,

39:23, 43:23, 52:8, 56:27, 57:30, 58:1, 60:4, 61:16, 91:4

certainly [21] - 1:12, 14:14, 20:9, 27:1, 30:10, 35:1, 35:6, 37:19, 46:15, 49:1, 57:19, 58:20, 65:18, 65:20, 67:3, 73:26, 76:3, 83:30, 85:3, 86:7, 87:20

certificate [3] - 8:12, 8:13, 9:16

certificates [2] - 8:17, 13:6

certifies [1] - 8:14Chairman [47] - 1:3, 2:8,

4:4, 4:24, 11:20, 11:24, 11:25, 13:15, 14:4, 17:4, 17:17, 18:19, 19:30, 21:9, 23:10, 24:6, 24:22, 27:18, 29:20, 30:29, 34:4,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

2

34:7, 36:16, 46:9, 46:13, 46:15, 54:27, 61:5, 61:17, 61:19, 62:11, 62:13, 63:10, 64:19, 65:21, 65:23, 70:28, 75:27, 77:24, 78:2, 78:4, 79:9, 79:13, 84:17, 92:1, 93:25, 94:23

CHAIRMAN [28] - 1:12, 2:4, 12:11, 12:15, 12:19, 12:23, 24:29, 25:4, 25:10, 26:3, 27:26, 31:2, 48:9, 54:14, 54:21, 54:25, 57:19, 60:19, 60:24, 61:1, 61:11, 70:25, 89:14, 89:18, 89:22, 94:1, 94:20, 94:27

chance [2] - 37:23, 69:18chancy [2] - 60:2, 60:11change [3] - 49:8, 49:13,

91:23changed [4] - 44:24,

48:10, 78:8, 80:8changing [1] - 12:9character [1] - 19:21charge [22] - 4:26, 4:27,

4:29, 11:20, 12:23, 12:27, 14:1, 16:10, 22:7, 27:19, 27:21, 27:23, 27:26, 28:22, 29:6, 36:18, 40:2, 43:19, 57:25, 58:11, 58:13, 66:25

charges [1] - 31:21chassis [1] - 78:18check [3] - 45:19, 51:8,

51:10checkpoints [1] - 82:18Chief [20] - 18:3, 24:3,

24:10, 26:26, 26:28, 27:19, 28:2, 28:7, 28:14, 28:20, 28:26, 29:3, 29:6, 30:2, 30:7, 41:18, 51:17, 76:15, 93:13, 93:16

Chiefs [1] - 90:22CID [1] - 56:2circle [1] - 39:14circulated [2] - 27:4, 74:6circumstances [2] -

80:10, 81:3claiming [1] - 62:27clarifies [1] - 94:8clashes [1] - 3:14clear [6] - 35:5, 53:7,

70:25, 76:6, 89:23, 90:25

clearer [1] - 34:22clearly [8] - 13:13, 23:6,

25:23, 32:11, 32:29, 40:14, 40:16, 55:15

client [6] - 44:13, 46:1, 50:2, 94:6, 94:14, 94:24

Clontibret [3] - 3:13, 4:12, 31:22

close [1] - 87:1

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closely [4] - 22:18, 42:14, 68:7, 83:17

closer [1] - 17:5Co [3] - 29:3, 42:5, 69:6COFFEY [5] - 54:16, 79:9,

79:11, 79:13, 84:12Coffey [1] - 85:27coincide [1] - 90:21coincidentally [1] - 46:4colleagues [4] - 63:18,

69:22, 71:10, 76:5collect [1] - 93:8collected [2] - 32:24,

73:15collecting [2] - 32:7, 89:5colour [1] - 73:9Colton [2] - 79:14, 79:21coming [16] - 2:4, 5:3,

6:8, 13:6, 15:25, 32:8, 32:16, 32:25, 33:7, 33:21, 35:17, 49:24, 63:6, 66:7, 67:28, 82:18

commander [2] - 22:12, 41:1

commenced [1] - 93:3comment [8] - 24:9,

40:19, 58:14, 75:24, 87:26, 89:2, 92:5, 92:14

Commissioner [3] - 24:2, 24:20, 28:11

Commissioner's [3] - 24:16, 28:18, 29:18

committed [1] - 42:8commodity [1] - 83:30common [28] - 30:14,

30:22, 36:28, 37:5, 37:12, 37:21, 37:25, 37:26, 38:14, 38:20, 38:26, 39:18, 39:29, 40:4, 40:10, 40:27, 41:2, 41:8, 41:13, 41:23, 41:26, 42:10, 42:17, 53:11, 59:20, 59:21, 60:10, 81:5

commonly [4] - 38:22, 38:23, 84:9, 86:22

communicated [1] - 6:24communication [2] -

5:13, 23:15companies [1] - 62:27companions [2] - 7:9,

12:7company [12] - 21:29,

22:1, 22:4, 22:15, 38:13, 38:19, 38:25, 38:27, 39:9, 41:11, 41:29, 42:3

competence [1] - 9:1competencies [1] - 74:17competency [4] - 75:12,

85:20, 85:22competent [10] - 10:9,

10:11, 10:25, 11:11, 13:30, 58:3, 64:2, 75:8, 89:1, 89:4

compile [1] - 53:30compiling [1] - 29:30complained [1] - 44:22

completed [1] - 76:22completely [3] - 5:14,

47:24, 72:22compound [1] - 75:30computer [1] - 73:18conceded [1] - 94:7concept [1] - 56:22concern [2] - 58:30,

69:28concerned [5] - 14:18,

35:7, 45:2, 45:6, 50:4concerted [1] - 73:6conclude [1] - 14:6concluded [1] - 14:17concludes [2] - 42:13,

94:23conclusion [2] - 29:27,

43:29conclusions [1] - 58:19condemnation [1] - 67:7condemned [1] - 67:8conducted [1] - 65:27conducting [1] - 73:4conference [3] - 29:12,

90:22, 92:18confidence [1] - 46:17confidential [4] - 23:26,

44:3, 45:15, 48:30confined [4] - 66:19,

66:20, 66:21confirm [5] - 21:10,

47:27, 72:26, 79:20, 93:20

confirmation [1] - 80:18confirmed [3] - 46:9,

67:25, 79:23confirms [1] - 91:6confiscation [1] - 75:5conflict [2] - 32:28, 32:29confrontation [1] - 6:22connected [1] - 85:18Connolly [1] - 18:4Connor [2] - 50:11, 51:11conscious [2] - 49:13,

85:19consequence [4] - 20:24,

51:15, 67:26, 75:12consequently [1] - 80:7consider [1] - 56:15considerable [3] - 67:2,

73:25, 93:1considerably [1] - 80:6consideration [3] - 8:10,

13:25, 13:28considered [2] - 19:4,

65:4considering [1] - 3:28consistently [1] - 82:28Constable [1] - 93:16Constable's [1] - 93:13constant [1] - 68:5contact [14] - 6:7, 16:14,

19:3, 66:29, 71:9, 71:14, 71:15, 71:27, 75:15, 75:19, 76:11, 76:13, 82:20, 91:16

contained [2] - 24:15,

43:7containing [1] - 53:11contains [1] - 42:27content [3] - 29:21,

30:20, 36:27contents [1] - 72:26contesting [1] - 93:26context [2] - 73:2, 74:12continue [3] - 38:12,

38:24, 49:4continued [2] - 49:15,

76:22continues [5] - 38:17,

39:17, 40:20, 40:21, 40:30

contraband [1] - 80:21contradict [1] - 39:27contrary [1] - 27:18control [1] - 48:7Control [2] - 27:1, 27:16controversy [3] - 27:29,

28:4, 28:16conversation [2] - 49:4,

71:6convey [3] - 20:28, 20:29,

21:19conveyed [1] - 20:11cooperation [1] - 73:27copy [6] - 2:22, 2:24,

14:13, 45:25, 92:4correct [60] - 5:29, 5:30,

11:21, 12:17, 12:21, 13:14, 22:28, 23:5, 23:9, 24:26, 26:17, 27:6, 27:8, 27:12, 28:4, 29:10, 32:10, 32:15, 32:20, 33:9, 33:26, 34:6, 34:13, 34:17, 35:18, 36:28, 37:18, 39:3, 40:18, 40:25, 42:22, 47:8, 47:13, 47:22, 50:14, 50:16, 52:18, 52:30, 53:24, 55:4, 55:16, 55:23, 57:25, 59:30, 62:10, 63:4, 63:25, 63:29, 65:13, 66:17, 71:1, 71:2, 79:25, 81:15, 81:16, 82:10, 84:21, 88:11, 88:14, 94:7

correspond [1] - 93:5Corrigan [60] - 2:19, 2:25,

5:18, 8:19, 9:24, 11:19, 12:27, 13:26, 14:9, 14:15, 14:23, 15:10, 16:12, 16:15, 17:26, 19:16, 20:30, 25:5, 31:9, 31:11, 31:15, 32:12, 32:18, 32:29, 34:8, 34:10, 35:11, 35:20, 35:27, 35:28, 36:8, 36:23, 40:20, 41:28, 42:26, 43:12, 43:18, 43:24, 43:27, 44:8, 45:14, 45:28, 46:5, 49:6, 49:14, 52:29, 53:2, 55:19, 55:28, 57:1, 57:28,

58:13, 58:26, 59:6, 59:9, 59:11, 59:19, 60:2, 60:6, 90:3

Corrigan's [7] - 8:16, 9:14, 11:17, 29:19, 43:8, 56:4, 57:11

Council [1] - 78:10counsel [1] - 92:12counteract [1] - 64:21counteracting [1] - 65:7counterfeit [1] - 77:28countersigned [2] - 9:11,

10:30country [1] - 34:28County [4] - 3:13, 6:25,

31:22, 78:10couple [4] - 24:15, 32:1,

45:14, 49:24course [28] - 7:26, 8:6,

8:20, 8:27, 8:29, 10:7, 10:20, 23:4, 24:22, 31:2, 33:23, 40:1, 48:9, 52:1, 54:11, 54:21, 54:25, 60:19, 71:6, 77:25, 81:20, 82:4, 82:14, 82:16, 82:24, 88:15, 94:17, 94:28

court [5] - 6:8, 31:20, 32:21, 33:13, 45:5

Court [19] - 3:18, 3:21, 4:9, 5:1, 6:2, 6:6, 7:3, 7:19, 7:25, 12:2, 12:15, 13:21, 31:21, 32:26, 36:1, 50:28, 51:2, 51:21

courthouse [5] - 3:14, 6:13, 6:14, 6:16, 7:21

Courts [2] - 3:8, 3:20cover [2] - 49:18, 49:25covert [1] - 69:5crashed [1] - 78:14create [1] - 42:6creating [1] - 43:21Crime [1] - 24:2criminal [1] - 64:25Criminal [12] - 3:18, 3:21,

4:8, 5:1, 6:2, 7:3, 7:19, 7:24, 12:2, 12:15, 13:21, 31:20

criticised [1] - 94:6CROSS [6] - 26:10, 31:5,

54:29, 79:11, 84:14, 88:8

cross [10] - 25:16, 25:17, 25:29, 26:4, 60:17, 66:15, 67:29, 67:30, 94:16

cross-border [2] - 67:29, 67:30

cross-examination [1] - 25:16

cross-examine [4] - 25:17, 26:4, 60:17, 94:16

cross-examined [1] - 26:4

CROSS-EXAMINED [6] - 26:10, 31:5, 54:29, 79:11, 84:14, 88:8

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

3

crowd [2] - 6:14, 42:10Crowley [1] - 28:12crown [1] - 58:21Crucible [1] - 73:19culprits [2] - 22:19, 42:15cumulative [1] - 73:11current [2] - 79:26, 79:28custody [2] - 22:7, 40:2customary [1] - 44:26Customs [41] - 23:15,

23:16, 39:15, 62:7, 62:8, 62:12, 63:25, 63:27, 63:30, 64:11, 64:15, 64:16, 65:28, 66:6, 66:12, 68:6, 68:8, 68:16, 68:29, 69:4, 69:10, 69:30, 70:30, 71:26, 74:4, 75:8, 75:16, 75:20, 76:7, 78:29, 81:1, 81:5, 81:11, 81:23, 82:2, 82:5, 82:23, 83:12, 83:18, 83:25, 88:23

cut [1] - 93:16

DD.C [2] - 9:7D/Superintendent [1] -

51:16Dan [6] - 1:7, 1:14, 5:10,

5:13, 76:14, 87:29DAN [1] - 2:1danger [5] - 19:20, 19:23,

20:15, 20:28, 37:27dangerous [1] - 65:4date [7] - 9:20, 13:20,

15:20, 21:1, 21:6, 25:28, 37:7

dated [7] - 8:22, 9:19, 10:14, 15:5, 15:14, 24:3, 40:13

dates [11] - 3:5, 3:6, 3:7, 3:19, 3:27, 9:25, 9:30, 13:11, 13:18

daughter [2] - 90:14, 90:26

day-book [2] - 45:13, 45:25

day-to-day [1] - 19:13days [10] - 12:16, 12:24,

33:24, 33:28, 34:6, 34:12, 45:14, 59:8, 81:30, 91:9

dead [1] - 40:18deal [10] - 2:9, 2:30,

11:29, 24:24, 24:26, 25:10, 34:9, 61:15, 75:3, 77:30

dealing [9] - 1:5, 44:19, 58:29, 66:2, 71:22, 74:11, 83:29, 84:1, 85:20

deals [4] - 89:29, 91:4, 91:8, 94:4

dealt [10] - 11:13, 11:14, 14:16, 75:10, 76:1, 76:10, 78:5, 87:8, 87:29

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dearer [1] - 80:6death [1] - 37:14deceased [2] - 58:6, 58:7December [9] - 91:1,

91:4, 91:12, 91:21, 91:25, 92:20, 92:23, 92:29, 93:11

decent [1] - 76:16decided [6] - 6:23, 12:7,

18:23, 50:28, 65:29, 90:20

decision [5] - 21:26, 31:25, 37:10, 51:2, 51:3

declared [1] - 78:30deemed [2] - 10:26, 17:28degree [2] - 49:15, 52:19delay [1] - 1:3demanded [1] - 74:23deny [1] - 47:24denying [1] - 50:20departed [1] - 91:6Department [1] - 28:14department [1] - 9:10departure [1] - 90:29deposit [3] - 44:23,

44:24, 44:27depriving [1] - 80:15depth [1] - 73:25derived [1] - 45:24describe [3] - 58:26,

58:28, 88:1described [9] - 8:26,

23:2, 53:11, 58:20, 59:19, 60:1, 84:19, 87:28, 88:2

describing [1] - 45:15description [2] - 58:24,

82:21designed [1] - 73:22desirable [2] - 19:5, 19:6detail [5] - 57:28, 59:25,

73:1, 93:13detailed [11] - 12:27,

13:26, 13:29, 34:7, 35:11, 36:13, 36:14, 58:3, 58:11, 58:18, 59:29

detailing [3] - 7:7, 13:25, 57:26

details [1] - 27:4detect [1] - 63:9Detective [18] - 5:28, 7:7,

8:3, 8:18, 11:16, 15:9, 16:12, 16:14, 19:16, 19:18, 47:18, 47:21, 50:23, 51:13, 55:28, 56:4, 58:25, 59:5

detective [2] - 50:26, 58:22

detectives [3] - 50:13, 50:17, 57:6

determined [1] - 51:5developed [1] - 12:3development [1] - 2:17developments [2] - 15:1,

94:28devoted [1] - 73:8dictate [1] - 80:11

died [1] - 91:19differ [2] - 28:29, 51:3different [7] - 5:14, 9:30,

39:22, 41:21, 42:9, 48:26

differential [1] - 62:19difficult [3] - 30:18, 63:9,

93:2difficulties [1] - 85:28dilemma [1] - 31:24DILLON [12] - 1:3, 1:14,

2:1, 2:8, 12:30, 25:1, 25:7, 25:14, 25:23, 60:21, 60:29, 61:3

Dillon [6] - 28:30, 29:18, 31:10, 37:15, 53:23, 60:19

dinner [2] - 72:13, 74:19direct [2] - 81:14, 82:1directed [3] - 29:7, 44:3,

73:14directing [1] - 74:27direction [4] - 74:23,

74:24, 74:28, 80:11directly [3] - 27:15, 73:15,

77:8disagree [3] - 5:21, 5:22,

30:5disagreed [1] - 30:6disbelieve [1] - 84:10discover [1] - 45:13discovered [1] - 12:5discuss [4] - 48:24,

49:27, 68:12, 71:28discussed [1] - 75:22discussion [1] - 48:30dislike [1] - 52:28dismantling [1] - 8:7dismounted [1] - 6:27displayed [1] - 50:2disposed [3] - 3:24, 83:2,

83:3dispute [7] - 27:22, 33:6,

37:19, 47:22, 47:23, 58:15, 58:16

disputed [1] - 42:2disputing [3] - 43:9, 44:5,

47:17disrespect [1] - 88:29disseminated [1] - 73:19distribute [1] - 27:17District [2] - 6:6, 32:26district [1] - 27:5disturbed [1] - 73:24ditches [1] - 59:13division [1] - 8:19divisional [1] - 27:5dockets [1] - 39:8document [21] - 1:4, 2:18,

2:26, 14:19, 15:13, 15:14, 21:19, 22:12, 24:23, 25:16, 26:5, 40:30, 41:22, 53:16, 54:19, 55:23, 55:24, 55:25, 72:9, 78:7

documentation [1] - 64:13

documented [1] - 73:7

documents [11] - 3:3, 3:5, 39:8, 46:10, 49:17, 78:7, 78:9, 78:11, 78:27, 78:28

Doherty [1] - 28:11done [17] - 8:5, 8:29,

9:26, 20:18, 21:18, 35:3, 44:17, 54:4, 58:2, 64:23, 67:13, 67:16, 72:30, 74:12, 74:23, 75:7, 83:20

door [1] - 48:15doubt [1] - 42:3down [21] - 5:7, 10:28,

12:20, 28:18, 28:25, 31:29, 32:8, 32:25, 33:24, 35:17, 39:20, 42:4, 48:27, 54:3, 56:27, 62:24, 63:6, 63:8, 73:7, 90:28

Dr [2] - 7:16, 33:29draft [1] - 35:23draw [3] - 29:27, 43:29,

58:19drawer [1] - 92:18drawing [1] - 59:4dress [1] - 91:25dressed [1] - 28:25drew [1] - 45:7drink [1] - 52:6drive [1] - 84:7driven [3] - 26:21, 63:6,

63:8driver [2] - 12:4, 31:26drivers [2] - 91:13, 92:21driving [2] - 31:23, 39:13Drogheda [11] - 2:21,

4:17, 31:23, 31:29, 32:2, 32:19, 34:5, 34:15, 34:16, 35:10, 35:14

Dromad [9] - 16:30, 17:4, 17:5, 17:7, 17:15, 23:19, 26:21, 29:2, 39:10

Drumcar [1] - 29:2dual [1] - 84:4Dublin [24] - 28:8, 31:30,

33:8, 33:24, 33:29, 36:7, 39:11, 45:15, 62:8, 71:21, 71:28, 81:29, 90:12, 90:16, 90:29, 91:7, 91:11, 91:28, 92:16, 92:20, 92:26, 92:29, 93:8

Dublin-Belfast [1] - 39:11due [3] - 1:4, 92:30, 93:3duly [2] - 6:13, 6:25Dundalk [37] - 3:14, 5:28,

6:6, 6:9, 6:13, 6:29, 7:8, 7:21, 8:21, 17:6, 17:12, 19:18, 26:26, 26:27, 26:29, 27:1, 30:8, 30:14, 30:22, 32:9, 34:12, 34:15, 42:28, 47:30, 48:29, 49:2, 49:8, 49:10, 50:11, 51:25, 56:2, 59:7,

76:11, 82:2, 82:5, 82:6, 83:13

DURACK [1] - 25:12during [5] - 71:5, 72:22,

77:25, 88:15, 91:9duties [4] - 4:5, 28:6,

79:26, 79:28duty [14] - 16:12, 16:19,

19:6, 36:1, 36:13, 36:14, 49:24, 50:5, 58:18, 78:12, 78:20, 79:1, 79:2, 79:3

Ee-mail [2] - 92:6, 93:29ear [1] - 87:21early [7] - 26:16, 30:23,

59:8, 90:29, 92:30, 93:14

easily [1] - 67:19easy [2] - 41:20, 42:7economic [1] - 80:10Edenappa [3] - 63:4,

81:15, 82:25effect [3] - 27:10, 33:18,

71:5effective [1] - 73:12effectively [6] - 63:20,

64:11, 64:12, 68:30, 74:26, 74:28

efforts [2] - 73:6, 80:26eighties [2] - 82:29, 84:29either [12] - 2:23, 6:2,

14:13, 24:26, 33:5, 44:5, 59:15, 71:28, 80:15, 80:25, 81:1, 81:23

elaborate [1] - 64:19element [1] - 67:30elements [1] - 19:4eligible [1] - 59:22elsewhere [2] - 18:20,

90:25emanate [1] - 72:24embarking [1] - 73:1emergence [1] - 1:4emptive [1] - 75:25en [1] - 92:17encounter [1] - 52:25end [7] - 48:14, 61:14,

75:2, 76:17, 76:18, 91:23, 94:8

endeavours [1] - 32:3ended [2] - 76:20, 93:14endure [1] - 81:12engaged [4] - 3:11,

31:18, 84:5, 84:6enriching [1] - 80:16entered [2] - 45:10, 73:18entitled [4] - 9:16, 62:29,

90:5, 92:12entitlement [1] - 13:24entries [1] - 9:6episode [1] - 11:23equipped [1] - 11:29escort [34] - 2:10, 2:30,

4:5, 4:26, 4:27, 4:29,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

4

5:18, 6:1, 6:11, 6:28, 7:4, 7:5, 7:11, 7:12, 7:18, 11:20, 12:28, 14:1, 31:18, 32:30, 34:8, 35:11, 35:21, 35:30, 36:3, 36:9, 36:12, 36:15, 36:17, 36:18, 91:14, 91:17, 92:22

escorted [3] - 4:14, 6:13, 12:20

escorting [2] - 4:22, 7:8establish [3] - 48:22,

71:30, 73:2established [2] - 16:3,

18:10establishment [1] - 52:2estimation [1] - 50:25EU [11] - 62:18, 62:21,

63:15, 63:16, 64:2, 64:22, 66:21, 83:8, 83:19

evading [1] - 78:20evening [5] - 12:1, 91:19,

91:20, 92:24, 93:11event [3] - 14:25, 30:13,

80:24events [3] - 3:9, 16:21,

25:30eventually [2] - 7:2, 39:14evidence [44] - 1:5, 2:26,

20:1, 27:10, 32:17, 33:18, 36:16, 42:9, 42:26, 46:8, 46:29, 47:1, 47:24, 48:23, 49:7, 49:9, 59:17, 60:1, 68:28, 70:29, 71:3, 71:4, 72:8, 72:28, 74:19, 74:29, 76:28, 81:14, 81:21, 84:3, 88:11, 88:22, 89:23, 89:29, 89:30, 90:10, 92:3, 92:10, 93:12, 93:21, 93:28, 94:5, 94:13, 94:25

evolved [1] - 87:14exact [2] - 25:28, 71:30exactly [4] - 14:26, 29:17,

81:20, 87:17examination [4] - 25:16,

60:19, 60:21, 89:20examine [4] - 25:17, 26:4,

60:17, 94:16EXAMINED [8] - 2:1,

26:10, 31:5, 54:29, 62:1, 79:11, 84:14, 88:8

examined [3] - 9:24, 26:4, 64:14

example [5] - 51:24, 60:3, 63:27, 86:27, 87:29

except [1] - 72:26Excise [1] - 88:23excuse [1] - 30:26execute [2] - 21:27, 37:10executed [2] - 15:3, 37:22executive [1] - 73:22exercise [2] - 80:22,

82:17

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exercises [1] - 81:22existed [3] - 46:21, 57:10,

57:12existence [1] - 2:20expect [1] - 71:15expected [3] - 71:18,

71:23, 91:29expecting [1] - 14:30experience [5] - 44:19,

87:1, 87:4, 87:6, 90:15expertise [1] - 73:23explain [5] - 24:6, 32:17,

75:26, 78:2, 78:22explaining [1] - 73:9explanation [1] - 62:18explore [1] - 77:29exported [2] - 62:21,

62:23exposure [1] - 73:12extended [1] - 90:20extensively [2] - 63:5,

75:29extent [4] - 4:21, 14:16,

44:12, 85:13extra [1] - 26:5extract [2] - 90:9, 91:18extracts [8] - 90:5, 92:1,

92:5, 92:11, 92:15, 92:19, 92:23, 94:11

extraordinarily [1] - 33:14

eye [1] - 85:17

Ffaced [1] - 31:24facilitate [2] - 67:4, 82:17facility [2] - 83:8, 83:12fact [6] - 6:17, 32:18,

36:18, 73:7, 79:23, 94:6facts [3] - 50:3, 71:30,

72:24failed [1] - 28:19failure [1] - 50:29fair [8] - 57:14, 80:13,

82:11, 84:29, 86:5, 87:12, 87:20, 87:28

fairly [4] - 53:26, 69:16, 87:13, 89:4

fairness [4] - 2:25, 14:14, 48:5, 92:4

Fairways [1] - 49:24fall [1] - 87:10false [1] - 46:30family [2] - 23:17, 65:11fantasist [3] - 58:28,

59:1, 59:3far [17] - 7:17, 11:30,

14:17, 24:9, 25:14, 25:17, 35:6, 38:28, 50:1, 50:4, 54:8, 55:20, 58:16, 59:24, 62:26, 63:19, 68:4

farm [6] - 71:12, 71:13, 71:16, 72:2, 74:22, 75:18

fatal [1] - 49:21fathom [1] - 57:3

favour [1] - 50:5fear [1] - 50:5feared [2] - 6:22, 15:1February [1] - 72:23fell [3] - 87:4, 87:7, 87:24fella [4] - 42:7, 42:8,

50:28felt [3] - 37:27, 74:26,

85:9fervent [1] - 40:28few [6] - 20:21, 26:7,

39:12, 41:6, 55:13, 61:15

fiction [3] - 43:22, 44:6, 44:9

fifties [1] - 20:23file [18] - 8:16, 16:6,

17:14, 23:28, 24:1, 39:1, 46:5, 46:11, 46:14, 46:16, 46:18, 46:20, 46:23, 46:24, 46:25, 46:26, 55:21

filled [2] - 23:19, 56:7final [2] - 77:29, 91:22finalised [1] - 90:29finally [2] - 53:10, 73:27finance [2] - 75:7, 75:8financial [2] - 22:4, 39:18fine [3] - 3:25, 10:1, 17:25finish [2] - 1:9, 59:16Fintan [1] - 52:2fire [1] - 8:19firearm [1] - 13:24firearms [12] - 8:4, 8:6,

9:9, 11:17, 13:3, 13:5, 59:20, 59:22, 59:26, 60:3, 60:6, 60:9

firing [2] - 8:8, 8:21firm [1] - 72:28first [23] - 1:7, 2:9, 2:30,

3:3, 3:4, 3:5, 6:7, 11:26, 12:25, 13:7, 14:23, 15:26, 25:7, 27:14, 32:5, 32:9, 33:30, 34:19, 34:22, 62:14, 79:20, 80:20, 90:9

First [1] - 31:18five [4] - 20:24, 61:17,

69:16, 84:16flagged [1] - 14:5flew [1] - 92:16flippant [2] - 70:11, 89:2floor [1] - 66:14Florida [1] - 92:19Florida.. [1] - 90:25flow [1] - 68:5focus [2] - 21:5, 85:16focusing [1] - 70:27folks [1] - 85:13follow [1] - 84:23following [11] - 3:19,

7:15, 9:15, 14:28, 16:3, 17:16, 18:10, 25:24, 25:26, 27:26, 35:25

follows [2] - 21:22, 73:1FOLLOWS [9] - 1:1, 2:2,

26:11, 31:6, 54:29, 62:2, 79:11, 84:14, 88:8

foot [1] - 39:2force [1] - 8:1forces [1] - 68:11forefront [1] - 75:14forever [1] - 94:3forfeited [1] - 67:8forged [1] - 78:7form [1] - 30:20formally [1] - 29:12formed [1] - 17:21former [2] - 26:21, 70:29forms [1] - 56:8forth [1] - 84:8forward [2] - 55:27, 94:27four [2] - 33:24, 81:30framework [2] - 63:11,

63:15frameworks [1] - 63:13frankly [1] - 14:12fraud [5] - 62:18, 62:23,

64:3, 64:22, 66:21Friday [1] - 25:8Friend [2] - 59:16, 85:27friends [1] - 13:20Friends [1] - 79:7front [1] - 70:10frontier [1] - 65:25fuel [4] - 67:27, 73:24,

75:5, 75:10full [2] - 25:16, 31:14Fulton [1] - 55:3function [2] - 50:19,

62:15funds [2] - 62:18, 66:21furnished [5] - 35:24,

43:25, 46:12, 51:12, 92:10

furnishing [2] - 24:10, 43:28

FURTHER [1] - 95:1

GG30 [2] - 72:22, 73:15garda [2] - 57:4, 92:22Garda [53] - 2:20, 5:28,

7:13, 7:14, 7:30, 12:2, 16:5, 16:30, 17:14, 18:20, 18:30, 21:24, 22:16, 22:23, 22:27, 22:29, 23:21, 23:28, 24:1, 26:13, 26:15, 26:21, 27:1, 37:3, 38:9, 42:13, 47:30, 48:29, 49:2, 49:8, 49:10, 50:10, 51:26, 52:5, 52:26, 58:21, 59:11, 63:27, 64:4, 64:6, 64:27, 68:16, 69:30, 70:4, 70:9, 70:20, 73:6, 81:24, 85:21, 91:13, 91:27, 92:26, 94:14

gardaí [5] - 23:21, 50:18, 52:8, 52:12, 52:20

Gardaí [6] - 37:26, 47:12, 64:9, 66:9, 76:10, 82:19

Garvey [2] - 9:13, 10:30gathered [1] - 6:14

gathering [2] - 88:23, 88:24

Gene [1] - 17:23general [4] - 23:24, 24:6,

48:30, 53:11generally [1] - 32:14generate [3] - 38:1,

53:13, 53:16gentleman [1] - 44:28geographically [1] - 17:5Georgia [1] - 90:23Gerry [2] - 50:11, 51:11given [18] - 1:5, 11:8,

22:8, 27:10, 33:18, 36:16, 40:3, 46:29, 47:1, 49:7, 49:9, 69:14, 80:18, 84:3, 89:23, 90:10, 94:13

Glasdrumman [1] - 72:21Glasgow [1] - 65:27gleaned [2] - 3:4, 3:6gleans [1] - 16:5GOCs [1] - 73:10goods [4] - 67:7, 80:21,

80:27, 80:29gossip [1] - 46:3governing [1] - 64:2graded [2] - 21:11, 21:19grading [2] - 21:15, 21:17grain [31] - 22:6, 39:7,

39:8, 39:9, 39:10, 39:12, 39:29, 62:15, 62:20, 62:21, 62:23, 62:25, 63:2, 63:5, 63:14, 63:29, 65:17, 65:24, 66:19, 66:22, 70:17, 70:18, 76:18, 77:6, 82:27, 83:27, 84:2, 85:28, 86:27, 88:17, 88:19

grateful [4] - 21:10, 60:25, 89:23, 94:20

great [4] - 19:7, 32:13, 65:19, 80:20

greater [1] - 83:25Green [1] - 3:22gripe [2] - 56:7, 56:10ground [3] - 44:30, 87:21,

89:3group [1] - 83:4growth [1] - 88:21guard [5] - 45:27, 48:17,

52:6, 58:23, 59:17guards [6] - 2:22, 12:9,

14:12, 23:3, 50:4, 91:17gun [4] - 8:9, 8:11, 10:3,

10:5guns [1] - 7:28

Hhabit [1] - 35:28Hackballscross [3] -

52:9, 52:13, 67:3Hackballscross/south

[1] - 19:10half [3] - 17:20, 49:5, 93:6handle [1] - 8:9

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

5

handler [1] - 20:1handlers [1] - 20:1hands [2] - 6:28, 69:20handwritten [1] - 54:6happily [1] - 90:28happy [2] - 13:4, 93:20Harnden [5] - 47:8, 48:5,

48:7, 48:14, 48:23Harry [3] - 71:3, 74:20,

74:25hatchet [1] - 20:26hatred [1] - 50:1HAVING [2] - 2:1, 62:1headline [2] - 33:17,

34:27Headquarters [14] - 2:20,

21:11, 21:16, 22:30, 28:5, 43:25, 43:28, 44:4, 45:23, 46:6, 56:28, 57:1, 71:21, 91:26

headquarters [1] - 62:8hear [3] - 51:27, 52:23,

55:5heard [11] - 7:1, 19:1,

19:30, 21:10, 37:20, 42:20, 48:23, 52:10, 70:28, 76:29, 90:1

hearing [1] - 32:26heavily [1] - 68:16heavy [4] - 31:27, 33:21,

34:20, 35:5hedges [1] - 59:13held [11] - 21:26, 22:20,

29:12, 37:5, 42:16, 42:19, 57:5, 69:9, 84:9, 84:26, 86:22

help [4] - 8:17, 8:23, 11:24, 17:4

helped [1] - 36:20Hermon [13] - 89:30,

90:5, 90:11, 90:15, 91:3, 91:21, 92:11, 92:15, 92:16, 92:24, 93:6, 93:7, 94:15

Hermon's [3] - 91:16, 93:10, 94:12

Hermons [2] - 92:20, 92:28

hesitant [2] - 43:14, 43:17

hide [1] - 63:5high [2] - 6:15, 78:9High [5] - 36:1, 50:28,

51:2, 51:21Higher [1] - 62:6highly [1] - 87:14himself [6] - 20:27, 36:9,

45:3, 45:24, 58:21, 93:6hindsight [1] - 20:13HM [1] - 77:10HMG [1] - 73:30HMRC [8] - 67:10, 74:7,

74:13, 75:1, 75:11, 76:6, 84:28, 85:13

hold [5] - 7:1, 13:16, 64:17, 64:29, 74:10

holding [1] - 44:26

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holiday [3] - 25:20, 90:21, 93:7

honest [4] - 81:26, 87:6, 88:3, 88:4

honestly [2] - 15:28, 16:1honeymoon [2] - 91:28,

92:26honourable [3] - 76:16,

88:2, 88:4hoped [1] - 6:28hopefully [1] - 94:24Horgan [1] - 50:11hormones [2] - 77:28,

88:20horse [1] - 31:28horse-power [1] - 31:28Hotel [1] - 49:24hour [2] - 19:8, 49:5hours [9] - 14:27, 14:28,

15:29, 17:10, 18:14, 18:25, 18:26, 72:22, 72:23

house [4] - 22:19, 42:16, 42:19, 44:24

House [1] - 52:3hundred [3] - 20:20,

46:17, 47:2hundreds [1] - 20:23husband [1] - 92:19hydrocarbon [2] - 66:26,

79:28Hynes [1] - 90:1

Ii.e [1] - 63:23IACP [1] - 90:22ice [1] - 4:18idea [2] - 56:21, 89:10ideal [1] - 19:29identified [1] - 70:20identify [1] - 78:19identity [2] - 22:19, 42:15ill [1] - 50:6ill-will [1] - 50:6illegal [1] - 80:20illegally [1] - 80:16illegible [4] - 2:22, 14:10,

14:12, 57:17illicit [1] - 73:4imagination [1] - 46:30imagine [4] - 15:30,

20:16, 20:25, 21:21immaterial [1] - 64:24immediate [2] - 27:8,

73:22immediately [6] - 16:8,

26:27, 27:2, 27:4, 28:19, 41:4

impinge [1] - 74:17important [4] - 56:22,

57:13, 73:2, 82:26importation [3] - 78:21,

78:23, 78:24imposition [1] - 3:25impounded [1] - 80:27impression [1] - 42:7inadvertently [1] - 69:18

incident [5] - 12:12, 16:18, 27:4, 40:28, 72:18

incidents [2] - 31:21, 48:27

inclined [1] - 75:25including [2] - 73:6,

76:27incorrect [3] - 46:14,

47:15, 48:2increased [1] - 55:7indeed [25] - 2:15, 16:11,

17:19, 21:1, 25:7, 46:7, 64:20, 64:22, 65:18, 66:18, 66:30, 67:5, 67:11, 67:14, 70:4, 74:13, 75:9, 75:20, 76:14, 81:7, 82:30, 83:1, 88:20, 90:3, 90:26

independent [1] - 82:23indicate [9] - 20:14,

46:29, 50:3, 61:14, 63:1, 64:16, 92:15, 92:19, 92:23

indicated [10] - 18:19, 24:25, 32:6, 56:3, 65:9, 85:27, 91:7, 93:12, 93:14, 94:18

indicates [2] - 44:11, 49:30

indicating [1] - 94:10indifferent [1] - 44:16individual [5] - 45:2,

45:6, 60:11, 69:30, 73:11

individuals [4] - 19:3, 49:11, 65:16, 70:7

inducted [1] - 50:23inference [1] - 28:5information [82] - 3:19,

16:5, 18:21, 19:17, 19:23, 21:24, 22:8, 22:10, 22:11, 22:18, 23:3, 23:11, 23:12, 23:22, 23:23, 23:25, 23:26, 24:9, 24:11, 24:15, 26:29, 27:17, 27:30, 29:19, 29:25, 30:13, 30:21, 30:24, 34:18, 37:3, 37:28, 38:2, 38:8, 39:3, 40:3, 40:21, 40:22, 42:15, 42:27, 43:5, 43:6, 43:7, 43:10, 43:11, 43:23, 43:25, 43:28, 44:3, 44:14, 44:21, 45:11, 45:15, 45:23, 45:28, 47:19, 47:26, 47:27, 47:29, 48:3, 48:29, 53:12, 54:1, 54:2, 55:30, 56:1, 57:6, 68:17, 69:29, 71:11, 71:25, 72:3, 72:6, 72:7, 73:14, 73:17, 74:6, 77:10, 77:13, 77:14, 83:6, 83:7, 88:28

informed [3] - 45:1, 45:12, 72:27

initial [1] - 27:30injured [1] - 7:1INLA [1] - 56:24input [2] - 19:13, 65:27inquired [2] - 6:29, 6:30inquiries [1] - 18:21inquiry [2] - 46:11, 46:27inspection [1] - 10:27inspector [1] - 49:25Inspector [4] - 5:28,

47:18, 47:21, 76:14instance [3] - 32:6, 82:3,

82:9instead [1] - 91:24instructions [2] - 27:16,

94:11instructor [2] - 8:13, 9:9Intelligence [1] - 73:16intelligence [41] - 23:13,

29:25, 30:8, 44:14, 45:18, 45:23, 52:21, 56:7, 56:23, 56:26, 56:30, 57:12, 59:4, 67:22, 68:5, 68:8, 68:13, 68:17, 68:22, 68:23, 68:24, 68:25, 69:9, 69:11, 69:16, 69:20, 69:22, 69:23, 72:6, 73:20, 77:18, 77:20, 83:2, 83:4, 87:14, 88:22, 88:24, 88:28, 89:1, 89:5

intends [1] - 92:13intense [1] - 52:28interception [1] - 73:24interest [1] - 9:8interests [1] - 82:15interfere [1] - 25:23International [1] - 90:22intervening [1] - 91:5interviewed [3] - 38:27,

38:29, 39:2investigate [2] - 19:6,

62:30investigated [2] - 49:22,

65:15investigating [4] - 19:7,

19:14, 57:6, 83:26Investigation [6] - 62:8,

62:9, 62:14, 71:21, 83:19, 83:20

investigation [27] - 16:2, 16:7, 16:10, 17:21, 17:30, 18:2, 18:9, 19:13, 22:23, 22:27, 23:4, 23:6, 23:7, 27:19, 29:13, 38:6, 38:7, 38:11, 49:22, 55:16, 55:19, 55:22, 62:15, 67:15, 68:1, 83:16, 83:21

investigations [5] - 29:7, 65:24, 65:26, 76:21, 77:25

involve [5] - 7:6, 79:26, 79:28, 81:23, 82:8

involved [30] - 4:25, 7:7, 16:7, 16:9, 18:1, 21:29,

32:7, 32:30, 38:10, 38:13, 49:20, 49:23, 55:15, 55:19, 62:15, 63:23, 65:12, 65:19, 65:24, 66:3, 67:4, 76:8, 76:30, 77:6, 79:30, 80:14, 80:19, 86:2, 86:11, 91:17

involvement [5] - 4:22, 6:1, 50:20, 76:19, 84:25

involving [2] - 39:7, 73:26

IRA [19] - 37:11, 37:22, 39:23, 44:23, 45:13, 52:30, 53:3, 64:23, 64:24, 65:12, 65:20, 84:5, 84:6, 85:21, 86:11, 86:15, 87:13, 87:20, 87:24

Ireland [23] - 21:30, 22:6, 23:16, 31:19, 32:14, 33:15, 38:14, 39:28, 62:16, 62:17, 62:20, 62:24, 63:18, 69:23, 72:12, 72:15, 75:9, 75:12, 75:20, 76:23, 78:16, 78:26

Iris [2] - 31:26, 57:21Irish [6] - 3:12, 33:12,

33:17, 34:25, 64:4, 69:4irrespective [1] - 53:28isolated [1] - 19:28issue [8] - 2:12, 9:15,

16:11, 18:25, 31:9, 36:22, 83:28, 94:3

issued [3] - 8:11, 39:23, 78:9

issues [2] - 8:13, 88:16issuing [1] - 78:6itself [1] - 68:25

JJ.J [1] - 29:3Jack [1] - 94:15Jacks [3] - 6:18, 6:19,

6:21James's [1] - 31:30January [14] - 3:18, 3:20,

3:23, 3:24, 13:11, 13:19, 13:21, 32:21, 33:8, 33:19, 33:22, 33:25, 34:26

Jean [4] - 90:19, 91:11, 91:19, 92:16

jewel [1] - 58:21Jimmy [2] - 90:2, 93:23job [8] - 28:17, 50:30,

54:4, 64:26, 65:6, 81:29, 85:14, 86:13

John [21] - 15:26, 18:3, 18:10, 21:24, 37:3, 43:24, 45:27, 76:15, 76:27, 77:2, 77:18, 89:30, 90:11, 90:15, 91:3, 91:16, 92:11, 92:15, 93:6, 93:7, 93:10

joined [2] - 62:13, 86:12

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

6

joint [2] - 67:9, 67:18Judge [6] - 5:30, 23:5,

25:19, 27:10, 30:26, 51:6

judge [2] - 36:1, 36:7July [13] - 15:14, 15:18,

21:7, 24:3, 26:16, 36:25, 37:6, 37:8, 37:12, 39:19, 41:3, 43:12, 44:15

JUNE [1] - 1:1June.. [1] - 94:25jurisdiction [1] - 78:26Justice [1] - 28:14

KKeeley [2] - 52:23, 55:2keep [2] - 8:9, 94:29keeping [2] - 45:12, 81:21kept [1] - 59:13kept.. [1] - 69:21Kevin [2] - 55:3, 90:24kidnap [3] - 17:6, 26:24,

43:24kidnapped [8] - 14:24,

15:27, 16:26, 20:2, 40:9, 40:15, 40:18, 87:25

kidnapping [7] - 2:12, 16:8, 16:21, 17:18, 19:29, 26:15, 37:13

Kildare [1] - 42:5killed [1] - 49:23kind [1] - 74:21kindly [3] - 24:25, 79:23,

90:6knowing [1] - 89:3knowledge [34] - 19:19,

30:14, 30:22, 36:28, 37:5, 37:12, 37:21, 37:25, 37:26, 38:15, 38:20, 38:26, 39:18, 39:30, 40:4, 40:10, 40:27, 41:2, 41:8, 41:13, 41:23, 41:26, 42:10, 42:17, 53:11, 55:18, 56:6, 57:29, 58:10, 58:25, 60:7, 60:10, 65:12, 65:18

known [10] - 19:19, 19:21, 20:25, 38:22, 38:23, 44:23, 55:2, 56:1, 65:11, 82:12

Llack [1] - 13:24Lady [4] - 91:20, 92:16,

92:24, 93:11land [1] - 65:25Landsdowne [1] - 67:15large [18] - 6:9, 6:14,

33:14, 39:8, 44:10, 49:15, 62:27, 62:28, 65:27, 76:20, 76:22, 80:9, 80:14, 80:15, 80:18, 83:14, 83:15, 88:19

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largely [1] - 65:27last [6] - 13:20, 44:1,

46:2, 47:6, 88:11, 91:29lastly [1] - 87:28late [12] - 17:28, 62:6,

62:14, 66:23, 67:6, 67:9, 74:20, 74:25, 80:8, 82:28, 93:3, 94:15

latter [1] - 93:15laundering [3] - 79:29,

80:2, 80:3Laverty [1] - 72:8lead [6] - 7:18, 64:1,

64:11, 64:12, 71:19leak [5] - 47:12, 47:30,

48:28, 49:2leaking [1] - 69:29learn [1] - 28:25learnt [1] - 20:2leave [5] - 14:3, 90:20,

91:9, 93:3, 93:4leaving [1] - 34:10led [4] - 22:7, 40:2, 47:12,

67:14left [3] - 27:16, 63:7,

91:26legal [3] - 63:10, 63:13,

63:15legible [4] - 14:13, 14:14,

24:26, 24:27legislation [9] - 63:16,

63:17, 64:2, 73:26, 75:7, 75:8, 75:10, 83:8, 83:19

legitimate [2] - 78:23, 78:24

Lehane [3] - 94:2, 94:21, 94:27

LEHANE [4] - 88:8, 88:10, 89:12, 94:10

Lehane's [1] - 94:24lengths [1] - 80:20lengthy [2] - 14:10, 53:21less [4] - 19:5, 36:29,

69:27letter [7] - 24:1, 24:4,

24:7, 24:20, 29:18, 30:11, 72:11

level [1] - 52:28levels [1] - 49:30liaison [1] - 73:17licensed [1] - 29:2life [8] - 18:22, 19:9,

19:20, 19:21, 19:23, 37:17, 37:27, 90:28

life-span [1] - 18:22light [7] - 2:18, 14:8,

15:13, 24:23, 54:19, 94:11, 94:13

likelihood [1] - 46:20likely [2] - 15:13, 74:29limited [1] - 18:22line [6] - 3:7, 50:30, 57:5,

57:13, 66:14, 74:27Line' [2] - 90:6, 92:12listen [2] - 45:26, 51:15litany [1] - 49:26literally [1] - 84:16

litigation [4] - 21:29, 22:2, 38:13, 38:19

lived [2] - 40:15, 48:18load [2] - 39:12, 62:21local [8] - 42:5, 52:8,

52:12, 52:19, 82:11, 82:15, 83:6, 83:12

location [3] - 19:29, 22:19, 42:16

logistics [1] - 67:17look [4] - 69:15, 70:2,

75:3, 78:19looked [5] - 53:10, 64:26,

72:18, 85:14, 88:16looking [8] - 55:5, 58:14,

64:26, 65:6, 65:7, 66:26, 85:9, 94:27

loose [3] - 70:3, 70:5, 70:9

lorries [3] - 73:24, 74:21, 84:7

Louth [3] - 29:3, 69:6, 85:1

low [1] - 31:29luck [1] - 25:27lucky [1] - 32:1lunchtime [1] - 5:10

Mmail [2] - 92:6, 93:29main [2] - 47:7, 78:20Mains [1] - 71:6maize [1] - 66:19Majesty's [7] - 65:28,

66:6, 66:12, 68:5, 70:29, 71:26, 74:4

major [4] - 13:27, 39:7, 63:25, 86:7

malice [5] - 44:12, 50:1, 50:3, 50:6, 52:28

man [10] - 11:1, 11:3, 17:23, 37:21, 45:3, 51:2, 58:20, 58:26, 88:2, 88:3

management [8] - 22:1, 22:3, 22:15, 38:18, 38:25, 38:27, 41:11, 41:30

managers [1] - 38:30mandated [1] - 64:21manifestation [1] - 64:28manner [1] - 58:29manually [1] - 73:15map [1] - 73:28March [6] - 71:4, 72:14,

72:23, 73:16, 73:19, 73:21

marginalised [1] - 49:11mark [1] - 87:1marriage [4] - 16:29,

91:20, 92:24, 93:11married [2] - 56:24, 90:28masked [1] - 26:24mat [1] - 20:9match [1] - 36:7material [1] - 23:20matter [20] - 2:9, 2:10,

2:12, 2:15, 2:30, 4:25, 5:14, 9:8, 14:7, 20:18, 21:2, 30:30, 56:28, 82:16, 89:27, 89:28, 90:3, 94:1, 94:5, 94:7

matters [9] - 2:27, 4:11, 5:27, 23:13, 25:14, 46:28, 61:15, 61:16, 75:17

McAnulty [34] - 2:12, 14:24, 15:27, 16:25, 20:2, 21:24, 21:28, 21:30, 22:5, 22:13, 22:20, 26:20, 30:9, 36:22, 37:4, 37:11, 37:16, 37:20, 38:12, 38:17, 39:5, 39:15, 39:28, 40:17, 41:2, 42:16, 43:24, 45:27, 55:14, 57:5, 57:16, 76:27, 77:2, 77:19

McAnulty's [2] - 19:19, 26:15

McArdle [1] - 17:23McCrae [1] - 6:20McGill [10] - 1:8, 61:19,

62:1, 62:4, 77:29, 79:6, 80:13, 84:12, 89:22

McGrath [1] - 49:10McGUINNESS [5] - 26:7,

26:10, 26:13, 27:29, 30:29

McKeon [1] - 46:8McKevitt [1] - 47:3McNulty [1] - 21:27meals [1] - 50:9mean [34] - 9:24, 56:11,

56:16, 56:19, 64:20, 64:29, 64:30, 65:1, 65:14, 68:10, 68:14, 68:23, 69:13, 69:14, 69:15, 69:19, 69:24, 70:5, 75:26, 76:2, 76:20, 79:29, 81:4, 83:3, 83:24, 83:28, 85:8, 86:29, 87:2, 87:8, 87:9

mean.. [1] - 87:27means [2] - 8:27, 10:11meant [1] - 63:21meanwhile [2] - 22:5,

39:28medicines [1] - 77:28meet [2] - 6:11, 71:3meeting [4] - 71:5, 71:7,

72:13, 72:15mellowed [1] - 34:22member [20] - 8:11, 8:15,

22:17, 29:25, 42:13, 42:28, 42:30, 43:1, 43:3, 44:17, 44:23, 52:5, 52:25, 53:13, 54:9, 56:24, 69:30, 70:4, 70:9, 79:24

members [15] - 7:7, 8:3, 16:19, 19:15, 22:2, 23:16, 35:26, 36:2, 38:24, 45:12, 50:10,

51:26, 52:20, 91:17, 94:14

membership [1] - 84:4memory [1] - 79:1men [3] - 26:24, 50:23,

83:12mention [4] - 1:5, 5:24,

28:20, 88:20mentioned [16] - 4:4,

4:24, 7:20, 11:23, 20:8, 30:14, 40:26, 41:5, 42:19, 46:2, 64:13, 72:16, 72:18, 76:28, 81:15, 83:8

mentioning [1] - 30:27merit [1] - 49:21message [1] - 15:2messages [1] - 16:19met [7] - 6:11, 20:18,

20:21, 33:18, 71:27, 91:12, 92:21

method [2] - 78:12, 78:13methods [1] - 73:5MICHAEL [1] - 62:1Michael [2] - 1:7, 61:19microphone [1] - 6:4mid [1] - 80:8middle [1] - 90:18midnight [1] - 91:25might [12] - 2:16, 13:24,

19:4, 20:11, 20:15, 20:26, 26:3, 48:28, 72:9, 74:11, 78:14, 85:11

military [2] - 73:18, 73:20Mill [1] - 73:16mill [1] - 73:18Mills [8] - 3:1, 3:30,

10:14, 10:28, 14:21, 21:3, 36:30, 90:6

mind [8] - 3:27, 6:5, 40:17, 44:25, 48:10, 52:22, 61:12, 73:10

mine [1] - 58:24Minister [1] - 31:19minute [4] - 24:16, 24:20,

51:15, 57:4minutes [4] - 54:3, 61:7,

61:17, 84:16mishandling [1] - 60:9misleading [2] - 28:26,

28:28missed [1] - 40:7missive [1] - 28:18mistake [1] - 10:19MLA [1] - 93:23mobile [1] - 27:9modest [1] - 58:26modestly [1] - 58:20modus [1] - 73:9moment [4] - 25:15,

34:11, 59:18, 89:3Monaghan [5] - 3:13,

6:25, 6:26, 31:22, 82:9Monday [3] - 25:27, 35:1,

35:7money [8] - 39:24, 62:27,

62:28, 80:14, 80:19,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

7

86:16, 86:20, 86:28monitor [1] - 63:9monitoring [3] - 22:17,

42:14, 82:22month's [1] - 69:19months [2] - 24:15, 31:22months' [1] - 50:24morning [23] - 1:3, 2:17,

6:8, 14:8, 16:3, 17:20, 17:29, 18:4, 18:10, 23:28, 24:24, 25:8, 26:16, 27:26, 29:11, 31:8, 42:24, 55:1, 55:13, 57:23, 66:15, 76:28, 91:12

most [12] - 23:24, 30:21, 35:25, 36:29, 41:24, 45:20, 49:1, 73:8, 76:11, 76:13, 87:16, 93:18

mount [2] - 27:8, 76:6mounted [2] - 6:9, 82:18mounting [1] - 84:30move [4] - 14:4, 36:22,

61:1, 83:9moved [6] - 19:25, 66:23,

66:25, 73:23, 76:17movement [2] - 65:30,

74:30movements [2] - 68:17,

72:1moving [4] - 19:9, 19:10,

74:22, 81:24MR [50] - 1:3, 1:14, 2:1,

2:8, 12:30, 25:1, 25:7, 25:12, 25:14, 25:23, 26:7, 26:10, 26:13, 27:29, 30:29, 31:5, 31:8, 48:13, 54:12, 54:16, 54:27, 54:29, 55:1, 57:16, 57:21, 60:16, 60:21, 60:29, 61:3, 61:5, 61:14, 62:2, 62:4, 70:27, 79:6, 79:9, 79:11, 79:13, 84:12, 84:14, 84:16, 88:6, 88:8, 88:10, 89:12, 89:16, 89:20, 89:27, 94:10, 94:23

MS [1] - 54:23murder [3] - 19:29, 42:8,

51:30murdered [1] - 20:2murders [6] - 22:16,

41:12, 41:18, 41:30, 42:11, 47:13

Murphy [7] - 72:16, 73:4, 73:27, 75:29, 86:2, 86:6, 86:7

Murphy's [9] - 71:12, 71:13, 71:16, 72:2, 73:3, 73:12, 73:14, 74:22, 75:18

Murphys [6] - 66:29, 67:6, 67:9, 75:24, 76:1, 76:7

Murphys' [1] - 67:28Murphys's [1] - 73:23

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must [3] - 14:18, 39:20, 52:10

mutual [1] - 63:17MV4 [1] - 78:7

Nnaively [1] - 85:9name [10] - 9:12, 28:12,

30:27, 40:24, 46:4, 48:16, 48:17, 52:24, 55:1, 58:5

named [7] - 21:29, 22:10, 22:12, 38:13, 40:21, 40:23, 40:30

names [1] - 41:6National [1] - 69:1natural [1] - 17:11nature [7] - 7:11, 8:14,

30:10, 48:30, 67:21, 70:14, 70:16

nearby [1] - 8:20nearest [2] - 78:29, 78:30nearly [2] - 14:11, 49:23necessarily [1] - 23:12necessary [2] - 5:24,

93:29necessity [1] - 76:7need [6] - 3:27, 5:9,

14:15, 25:8, 61:15, 94:16

needed [1] - 78:28needs [1] - 15:22Neil [1] - 55:1netting [1] - 72:19network [1] - 87:14never [39] - 13:4, 18:19,

19:19, 21:13, 23:23, 23:25, 29:20, 33:3, 34:14, 34:17, 40:28, 42:18, 42:19, 43:26, 47:16, 49:13, 49:22, 52:9, 52:10, 52:21, 52:29, 53:2, 53:8, 53:9, 55:8, 57:10, 57:12, 59:11, 68:12, 76:2, 77:13, 77:18, 87:9, 87:10, 90:15

new [5] - 2:18, 49:9, 49:12, 56:1

Newry [1] - 83:13next [13] - 9:5, 9:18,

10:14, 11:6, 13:18, 21:9, 24:23, 25:19, 25:20, 25:21, 25:30, 29:11, 54:17

nice [1] - 25:10night [11] - 16:9, 16:13,

16:30, 19:28, 23:17, 23:19, 27:9, 27:24, 28:3, 28:8, 28:10

nine [1] - 17:21nineties [2] - 80:8, 84:29nobody [3] - 19:18, 23:7,

37:17Nolan [17] - 18:3, 18:11,

24:3, 24:10, 27:20, 28:2, 28:7, 28:10,

28:21, 28:26, 29:3, 29:6, 30:2, 30:7, 50:17, 76:15

none [3] - 50:9, 70:21, 70:23

nonetheless [1] - 54:18nonsense [2] - 56:23,

58:17normal [1] - 44:26normally [2] - 52:20,

81:28north [21] - 6:25, 12:19,

36:1, 39:16, 62:22, 63:19, 63:22, 63:30, 66:4, 66:22, 80:7, 80:10, 80:15, 80:25, 81:18, 81:19, 83:9, 83:18, 85:1

North [2] - 62:24, 75:16northern [5] - 65:25,

65:26, 66:7, 66:12, 76:24

Northern [16] - 22:5, 23:16, 31:19, 39:28, 62:17, 62:20, 63:18, 69:23, 72:11, 72:15, 75:9, 75:12, 75:20, 76:23, 78:16, 78:26

note [3] - 20:22, 75:23, 76:10

Note' [2] - 20:17, 20:25notebook [1] - 45:11noted [1] - 72:24notes [1] - 20:20nothing [8] - 5:17, 5:18,

28:16, 30:10, 45:8, 72:25, 74:16

notice [2] - 2:5, 45:18NOTICE [1] - 95:1notified [2] - 2:14, 27:5notwithstanding [1] -

52:28November [8] - 3:17,

22:22, 66:16, 66:18, 90:24, 90:30, 92:17, 92:29

nowadays [1] - 83:14nowhere [1] - 74:7number [8] - 8:17, 8:19,

65:16, 66:5, 73:5, 73:13, 78:18, 91:8

numbers [1] - 74:21

OO'Callaghan [1] - 31:3O'CALLAGHAN [4] -

31:5, 31:8, 48:13, 54:12o'clock [4] - 1:8, 1:10,

16:13, 61:12O'Connell [1] - 90:2O'SULLIVAN [1] - 54:23objected [1] - 6:20objections [1] - 6:17obliged [2] - 50:22, 79:19Observation [1] - 72:21observation [2] - 73:13,

74:8

observations [2] - 72:10, 72:16

obtained [1] - 39:8obtaining [2] - 39:24,

50:7obviously [4] - 19:26,

28:13, 72:5, 92:1occasion [22] - 7:21,

10:4, 10:6, 10:9, 11:7, 32:12, 33:4, 33:7, 34:28, 35:17, 35:30, 44:2, 44:20, 44:21, 46:2, 47:6, 54:17, 60:8, 76:4, 77:27, 80:28, 81:1

occasions [1] - 78:13occurred [4] - 4:12, 30:4,

91:5, 91:9October [7] - 3:16, 8:22,

22:24, 29:1, 42:21, 92:30, 93:3

offer [1] - 3:28Office [1] - 72:12office [3] - 26:26, 26:28,

28:18Officer [1] - 62:6officer [13] - 7:30, 27:14,

28:23, 46:3, 46:16, 57:25, 58:5, 60:1, 62:7, 69:30, 70:20, 70:29, 73:18

officers [16] - 18:1, 22:16, 27:5, 28:21, 29:15, 38:9, 41:12, 42:11, 51:20, 59:25, 64:17, 75:16, 81:7, 82:11, 83:6, 85:7

officers.. [1] - 42:1offices [1] - 78:10official [6] - 23:26, 49:16,

72:11, 81:24, 91:13, 92:22

officials [7] - 81:1, 81:11, 82:2, 82:5, 83:9, 83:23, 83:25

often [1] - 68:26oil [19] - 66:26, 67:5,

71:18, 71:22, 72:1, 75:5, 76:17, 79:28, 79:29, 80:2, 80:11, 83:26, 84:1, 85:27, 86:2, 86:8, 88:16, 88:19

old [1] - 78:7Oliver [1] - 51:30Omeath [1] - 82:8omitted [1] - 28:1ON [1] - 1:1on-the-spot [1] - 31:25once [5] - 24:26, 37:20,

49:30, 60:21, 76:17one [56] - 9:5, 9:18, 9:26,

10:14, 11:6, 12:1, 14:1, 20:1, 20:20, 21:2, 21:4, 21:5, 30:17, 34:5, 35:26, 38:30, 39:20, 39:27, 47:5, 49:20, 50:27, 53:20, 53:21, 53:25, 53:26, 57:4, 60:8, 60:29, 61:6,

61:12, 63:6, 64:13, 64:26, 65:11, 66:4, 67:11, 70:4, 70:5, 73:13, 74:2, 76:4, 77:29, 78:6, 78:12, 78:15, 79:19, 83:23, 85:12, 86:20, 89:27, 93:17

one-hundred-pound [1] - 20:20

ongoing [2] - 14:29, 81:11

open [4] - 17:9, 23:7, 26:28, 33:11

operandi [1] - 73:9operate [3] - 63:14,

69:24, 81:27operated [12] - 39:14,

63:14, 63:16, 65:1, 65:2, 68:19, 68:20, 68:27, 75:29, 84:28, 85:19

operating [2] - 62:7, 68:11

operation [26] - 6:9, 39:7, 41:7, 63:25, 65:29, 66:3, 66:16, 67:10, 67:12, 67:18, 67:20, 67:21, 71:12, 71:16, 71:17, 71:18, 74:27, 74:29, 74:30, 75:1, 75:13, 75:22, 76:6, 77:1, 85:10

operationally [2] - 63:11, 66:28

operations [14] - 29:7, 63:30, 64:5, 64:8, 71:20, 71:29, 72:17, 73:3, 73:14, 76:24, 81:28, 84:30, 88:12, 88:16

opinion [4] - 38:21, 51:12, 59:5, 65:11

opportunity [3] - 15:9, 23:28, 24:4

opposed [1] - 75:25order [7] - 42:6, 53:12,

53:14, 53:29, 82:16, 86:24, 87:12

ordinary [1] - 24:22organisation [1] - 88:28organise [2] - 67:17,

67:19organised [3] - 67:14,

69:1, 71:20origin [1] - 29:24original [3] - 30:16,

53:16, 53:20originally [1] - 54:5ostracised [2] - 49:8,

49:11otherwise [3] - 46:12,

69:18, 85:11ourselves [5] - 67:13,

68:6, 74:13, 90:27outfit [1] - 91:24outline [1] - 77:23output [1] - 56:5

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

8

outset [1] - 14:29outside [2] - 3:14, 6:14outstanding [1] - 54:19over-stepping [1] - 74:27overlapped [1] - 74:14overleaf [1] - 91:3overtaken [1] - 2:17overtime [1] - 93:1overview [3] - 51:16,

62:11, 63:10owe [1] - 20:22owed [2] - 20:21, 20:24Owen [14] - 11:19, 20:30,

31:9, 52:29, 53:2, 55:18, 55:28, 56:30, 57:11, 57:28, 59:6, 59:19, 60:6, 90:2

own [16] - 49:14, 58:19, 68:21, 68:24, 68:29, 68:30, 69:2, 69:3, 69:11, 69:12, 70:5, 83:5, 88:23, 88:25, 88:28

own.. [1] - 83:2

Pp.m [1] - 91:26Paddy [1] - 90:2page [14] - 3:30, 4:1,

14:21, 31:15, 53:20, 53:25, 90:9, 90:18, 91:3, 91:6, 91:8, 91:18, 91:22

pages [3] - 14:11, 53:19, 53:23

paid [5] - 25:21, 44:23, 44:24, 62:21, 79:4

Paisley [9] - 6:7, 6:11, 6:16, 6:18, 7:9, 12:7, 32:8, 32:25, 33:19

paisley [3] - 6:26, 7:16, 33:29

Paisley's [1] - 12:4paper [2] - 52:24, 78:22paragraph [3] - 90:18,

91:10, 91:22paramilitaries [3] - 84:20,

85:18, 87:5paramilitary [1] - 84:24pardon [6] - 10:28, 16:24,

34:16, 36:5, 37:2, 56:13part [10] - 31:13, 36:9,

36:12, 36:14, 36:17, 44:10, 62:23, 65:28, 80:2, 93:4

participate [1] - 63:22particular [24] - 9:15,

10:11, 18:4, 29:24, 33:12, 34:28, 44:27, 51:19, 63:2, 65:6, 66:4, 66:10, 66:11, 66:15, 67:11, 67:30, 69:28, 72:18, 75:6, 78:5, 78:6, 79:4, 86:16, 88:20

particularly [12] - 19:15, 56:9, 63:4, 63:14, 63:29, 64:6, 64:8,

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65:17, 68:19, 71:18, 82:27, 84:23

parties [4] - 2:13, 14:5, 25:15, 70:21

party [1] - 44:18pass [1] - 13:13passage [2] - 15:22,

82:12passed [1] - 73:15passing [2] - 4:17, 60:6past [3] - 17:20, 61:12,

81:4Pat [4] - 18:5, 18:6, 28:9patch [1] - 87:21Patrick [1] - 29:4patrolling [1] - 82:8patrols [1] - 27:9pause [2] - 7:29, 9:23pay [3] - 20:24, 87:5, 87:7paying [4] - 50:7, 50:8,

78:11, 87:22payment [2] - 22:4, 39:18pays [2] - 86:27, 86:28peculiar [1] - 16:29pen [1] - 17:23pencil [1] - 60:5pendulum [1] - 65:30people [33] - 17:9, 23:17,

26:3, 32:1, 39:8, 39:23, 41:6, 50:29, 51:25, 56:10, 56:27, 64:23, 64:24, 68:3, 68:24, 68:26, 69:16, 69:27, 70:3, 72:4, 75:21, 76:13, 76:16, 78:9, 82:13, 83:29, 84:4, 86:24, 87:4, 87:8, 87:16, 87:28, 89:3

per [1] - 72:20percent [7] - 17:26,

37:23, 43:22, 46:17, 47:2, 58:1, 86:28

perform [1] - 50:5perhaps [2] - 18:5, 26:20period [11] - 11:7, 50:24,

70:28, 72:19, 75:30, 90:20, 91:5, 93:2, 93:4, 93:5

periodic [1] - 73:24periphery [1] - 77:7persisted [2] - 34:29,

35:1person [10] - 13:26,

22:10, 40:16, 40:21, 40:23, 40:24, 40:26, 44:24, 53:29, 72:2

personal [6] - 58:25, 81:11, 83:22, 83:25, 83:28, 93:13

personally [2] - 76:5, 77:3

personnel [3] - 8:16, 86:3, 86:4

persons [2] - 30:13, 41:4perspective [1] - 5:27pertaining [1] - 31:9Peter [14] - 2:10, 2:30,

4:5, 4:22, 4:25, 5:19,

6:1, 7:2, 31:19, 52:23, 57:21, 58:14, 58:23, 59:23

phrase [3] - 56:16, 56:19, 84:20

pick [1] - 58:22picnic [1] - 12:8picture [2] - 31:14, 41:14piece [2] - 45:22, 69:15PIRA [20] - 21:25, 21:28,

21:30, 22:3, 22:4, 22:7, 22:11, 22:12, 22:14, 37:4, 38:17, 38:24, 39:17, 40:3, 40:22, 40:30, 41:1, 41:10, 41:28

pistol [1] - 9:5pitch [1] - 74:7place [7] - 19:25, 19:28,

52:6, 60:22, 66:16, 72:13, 91:29

places [1] - 52:21plainly [1] - 94:1plan [1] - 73:25planned [1] - 81:28planning [3] - 80:21,

81:21, 81:22plate [2] - 78:16, 78:17played [1] - 63:2player [1] - 86:7pocket [2] - 20:19, 20:20point [12] - 5:9, 16:21,

17:5, 18:13, 24:22, 49:6, 73:21, 73:23, 82:25, 83:22, 84:6, 87:20

points [2] - 55:12, 94:5poking [1] - 60:5Police [1] - 90:23police [7] - 6:9, 44:17,

66:7, 74:28, 81:23, 85:1, 85:3

policy [1] - 72:14political [1] - 74:28pollution [2] - 56:26, 59:4pollution' [2] - 56:16,

56:19poor [1] - 2:24position [5] - 9:28, 21:6,

26:8, 54:18, 94:24positive [1] - 43:17possession [3] - 11:16,

34:18, 40:5possibility [1] - 48:28possible [3] - 19:24,

25:12, 81:26possibly [7] - 57:4, 70:4,

71:23, 73:26, 74:16, 85:10, 86:30

posted [1] - 94:29potentially [1] - 80:14pound [2] - 20:20, 20:21power [2] - 31:28, 51:25powers [2] - 63:26practical [1] - 64:28practice [1] - 64:30pre [1] - 75:25pre-emptive [1] - 75:25

precedes [1] - 13:11preceding [1] - 93:1precise [1] - 66:21precisely [3] - 56:3, 68:3,

68:12preempt [1] - 76:2preferring [1] - 91:24premises [3] - 29:2, 67:3,

77:27Prenty [45] - 1:6, 1:7, 1:9,

1:14, 2:4, 2:9, 2:11, 2:14, 2:27, 3:28, 5:11, 5:13, 5:25, 14:7, 24:25, 26:13, 30:5, 31:8, 31:11, 32:6, 34:10, 36:20, 37:6, 37:12, 37:15, 40:7, 40:25, 43:2, 43:10, 43:18, 44:11, 45:30, 47:9, 48:14, 49:29, 50:21, 54:17, 55:1, 55:6, 60:24, 76:14, 87:29, 90:4

PRENTY [1] - 2:1preparation [1] - 54:9prepare [2] - 53:14, 53:30prepared [13] - 2:13,

14:9, 14:15, 22:23, 22:24, 35:24, 36:23, 36:24, 42:21, 43:1, 44:13, 48:6, 53:13

presence [1] - 28:1present [4] - 12:12,

31:19, 63:21, 63:22presented [1] - 37:28pressure [2] - 22:1, 38:18presumably [1] - 39:2presume [4] - 3:15, 8:26,

17:16, 25:25pretty [3] - 19:17, 19:22,

57:30previous [5] - 11:3,

35:30, 71:7, 91:8, 93:15previously [1] - 8:28price [2] - 62:19prices [3] - 80:5, 80:6,

80:8primarily [1] - 90:27primary [1] - 75:11principle [1] - 8:1prisoner [1] - 59:12probation [1] - 50:24problem [12] - 11:30,

12:1, 25:19, 35:6, 44:16, 60:6, 74:11, 74:12, 74:14, 75:4, 79:29, 80:9

problems [2] - 17:9, 49:26

procedure [5] - 8:7, 16:18, 27:7, 44:3, 50:30

proceeding [1] - 7:15proceedings [2] - 3:17,

67:7produce [5] - 2:23, 2:24,

14:13, 41:21, 42:8produced [4] - 2:26,

30:18, 45:27, 78:10

product [1] - 80:11productive [1] - 56:25proficiency [1] - 13:2profit [2] - 72:19, 72:27prolific [1] - 65:16promised [1] - 48:9promoters [1] - 88:21proof [2] - 41:21, 86:19properly [2] - 28:17,

49:22property [1] - 50:7propose [1] - 93:27proposed [4] - 71:10,

71:11, 71:12, 71:29prosecutions [1] - 75:6protect [2] - 19:26, 80:20protest [1] - 3:12prove [1] - 73:12provide [4] - 43:5, 64:6,

64:7, 64:9provided [14] - 2:11, 2:19,

3:7, 3:19, 4:5, 22:11, 23:21, 29:25, 40:22, 42:27, 43:12, 44:14, 46:11, 49:25

providing [2] - 77:10, 77:14

Provisional [1] - 37:11précis [14] - 2:24, 2:25,

14:14, 15:20, 24:27, 30:15, 37:2, 39:17, 41:17, 44:6, 44:7, 55:25, 55:27

PSNI [3] - 46:9, 46:11, 46:27

pub [7] - 16:23, 16:25, 16:28, 17:7, 19:28, 52:19

pulled [1] - 81:29puncture [3] - 12:3, 12:6,

12:7purchase [1] - 78:25purchased [1] - 78:25purely [2] - 66:1, 67:16purports [1] - 47:11purpose [4] - 38:5, 39:24,

45:11, 52:20purposes [1] - 83:20pursuance [1] - 18:21pursue [2] - 22:2, 38:19pursuing [1] - 14:28push [3] - 25:27, 31:30,

36:20pussy [1] - 86:14put [45] - 2:26, 3:1, 4:3,

5:9, 5:27, 8:7, 10:28, 13:6, 15:21, 15:22, 17:30, 19:30, 21:3, 22:1, 23:11, 28:28, 30:15, 36:30, 38:18, 39:20, 47:5, 48:2, 54:1, 54:2, 55:27, 56:10, 57:13, 60:8, 62:25, 70:12, 70:13, 72:9, 78:17, 80:21, 83:24, 84:1, 86:1, 90:4, 90:11, 92:1, 92:3, 93:28

puts [3] - 56:23, 94:1,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

9

94:8putting [2] - 28:26, 90:6

Qqualification [2] - 8:13,

11:17qualified [2] - 8:15, 13:15qualify [1] - 8:3qualities [1] - 85:12questioned [3] - 22:6,

39:29, 42:2questioning [3] - 30:30,

39:16, 54:17questions [14] - 26:7,

31:2, 37:1, 37:16, 54:14, 54:16, 54:27, 55:8, 79:7, 79:9, 79:20, 89:16, 89:18, 89:20

quite [10] - 14:10, 49:28, 52:8, 66:30, 68:20, 73:19, 75:29, 81:26

quote [1] - 47:11

Rradio [1] - 16:19RAFFERTY [9] - 54:27,

54:29, 55:1, 57:16, 57:21, 60:16, 84:14, 84:16, 88:6

Rafferty [1] - 55:2raids [1] - 66:3raised [3] - 6:17, 55:12,

72:29rammed [2] - 81:5, 81:7ran [1] - 41:7random [1] - 72:22range [4] - 8:6, 8:20,

8:21, 60:8rank [1] - 27:14rate [1] - 79:3rather [10] - 2:24, 4:19,

17:11, 72:27, 73:11, 76:18, 79:30, 86:3, 89:2, 93:17

re [3] - 60:19, 60:21, 89:20

re-examination [3] - 60:19, 60:21, 89:20

react [1] - 76:3reactive [1] - 75:25read [13] - 15:9, 23:28,

24:4, 30:18, 31:10, 31:13, 36:17, 37:14, 42:24, 91:18, 92:7, 92:13, 94:12

readable [1] - 15:17readily [1] - 6:19reading [1] - 61:16real [1] - 40:24reality [3] - 14:6, 43:10,

85:17really [8] - 9:26, 56:15,

56:21, 68:14, 83:3, 85:6, 86:29, 87:26

reason [11] - 20:17, 44:1, 47:7, 48:20, 57:9,

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59:28, 69:21, 78:15, 84:10, 85:22

reasons [2] - 6:10, 13:1reassembling [1] - 8:8reassure [1] - 90:27recalling [2] - 73:10, 94:4receive [3] - 19:15, 22:4,

39:17received [7] - 15:3, 26:18,

39:3, 43:23, 56:10, 67:22, 92:6

recent [1] - 2:17recently [2] - 21:28, 38:12recognised [2] - 39:22,

81:18recollection [6] - 12:25,

35:22, 55:18, 56:6, 58:10, 59:10

recommendations [1] - 50:27

recommended [1] - 44:2record [8] - 29:1, 29:11,

61:16, 79:19, 90:4, 92:7, 92:13, 94:12

recorded [2] - 30:10, 49:16

records [2] - 11:15, 68:4recounting [2] - 91:19,

91:20recounts [2] - 91:3, 91:18recruited [1] - 32:1red [2] - 46:5, 46:12Red [1] - 8:20redacted [1] - 30:26refer [2] - 28:1, 67:20reference [7] - 35:26,

42:27, 55:21, 59:17, 68:28, 69:9, 74:3

referred [10] - 28:30, 29:18, 40:24, 43:6, 62:22, 65:10, 72:12, 72:13, 75:21, 76:26

referring [6] - 23:12, 24:11, 32:12, 32:13, 33:4, 42:30

refers [2] - 15:17, 32:18refresh [3] - 8:26, 8:30,

9:6refresh" [1] - 8:26refresher [1] - 8:27refused [2] - 44:30, 91:23refute [2] - 36:20, 36:21regard [2] - 89:1, 90:1regarding [2] - 22:18,

42:15regards [1] - 69:29regime [4] - 49:7, 49:9,

49:12, 49:14registered [1] - 78:11registration [1] - 78:28regular [2] - 45:17, 76:1regularly [2] - 75:19,

76:10reiterate [1] - 70:20relate [1] - 70:14related [1] - 70:16relates [2] - 10:15, 90:9relating [1] - 78:27

relation [43] - 7:20, 10:20, 11:8, 11:16, 25:19, 26:14, 30:30, 31:21, 40:5, 41:27, 43:24, 44:23, 46:28, 51:12, 55:12, 55:14, 55:30, 57:3, 71:10, 71:16, 72:1, 72:10, 74:2, 74:21, 74:30, 75:6, 75:17, 75:24, 77:28, 78:21, 84:28, 86:15, 87:12, 88:10, 88:22, 89:29, 90:12, 91:16, 93:10, 93:21, 93:25, 93:28

relationship [2] - 16:29, 83:17

relationships [1] - 82:2release [1] - 30:26released [3] - 22:7, 40:2,

40:20relevant [1] - 46:10reliable [1] - 45:16relied [3] - 43:11, 43:18,

44:15rely [2] - 68:16, 86:24remaining [1] - 91:22remains [1] - 23:6remember [14] - 4:16,

5:5, 5:10, 7:17, 17:21, 38:28, 40:23, 46:4, 46:6, 47:25, 50:10, 55:20, 59:24, 68:2

remove [4] - 6:19, 64:18, 64:29, 73:27

removed [1] - 39:12repairing [1] - 12:6repeat [3] - 24:8, 45:10,

79:19replicates [1] - 29:19reply [1] - 51:28report [33] - 15:4, 15:9,

15:18, 17:15, 20:8, 22:23, 22:29, 23:11, 23:13, 23:20, 24:14, 24:17, 24:19, 26:18, 28:19, 28:27, 28:28, 28:29, 28:30, 29:1, 29:23, 29:30, 42:21, 42:24, 42:26, 43:1, 43:2, 43:3, 43:4, 43:11, 50:22, 51:12, 72:20

report.. [1] - 22:25reported [13] - 17:2,

21:24, 21:26, 21:28, 21:30, 22:17, 26:24, 37:3, 37:10, 38:12, 38:17, 42:13, 74:25

reports [1] - 2:13representation [1] -

70:21represented [1] - 66:14reprimanded [2] - 28:11,

28:13Republic [4] - 21:29,

38:14, 62:16, 62:20reputation [1] - 50:4requested [1] - 72:20

require [3] - 73:25, 85:1, 85:3

required [4] - 7:18, 54:9, 64:8, 93:21

rescue [1] - 80:29reserve [7] - 25:15, 26:8,

30:29, 54:18, 57:16, 60:16, 60:21

respect [6] - 2:10, 34:27, 37:2, 45:26, 45:28, 90:10

respectively [1] - 64:5respite [1] - 90:19respond [1] - 16:20response [1] - 77:12responsibilities [2] -

28:7, 35:29responsibility [3] - 28:6,

51:19, 66:24responsible [13] - 7:4,

7:5, 22:13, 22:14, 22:15, 41:1, 41:10, 41:11, 41:17, 41:29, 41:30, 42:11, 44:18

rest [3] - 33:13, 48:27, 49:17

result [3] - 37:14, 66:21, 72:27

resume [1] - 94:25RESUMED [1] - 1:1retire [1] - 79:14retired [4] - 59:5, 59:10,

79:13, 79:21retrieve [1] - 80:26return [7] - 6:24, 22:5,

39:18, 86:25, 90:30, 91:4, 93:20

returned [3] - 3:17, 6:23, 7:3

returning [1] - 12:2returns [1] - 25:5Revenue [12] - 65:28,

66:6, 66:12, 68:5, 70:30, 71:26, 74:4, 79:15, 79:24, 80:25, 83:9, 83:23

revenue [1] - 80:16Reverend [2] - 32:8,

32:25reversed [2] - 51:2, 51:22reverted [2] - 50:17,

50:27reverting [1] - 50:19revolver [2] - 10:22,

10:23revolvers [1] - 7:28ribbon [2] - 46:5, 46:12Ring [3] - 31:29, 34:5,

36:19ringing [1] - 78:17rise [1] - 1:10risk [2] - 81:11, 83:26riskier [1] - 83:24Road [4] - 32:1, 63:5,

81:15, 82:25road [8] - 32:3, 39:11,

62:24, 63:8, 67:15, 81:25, 82:18

roads [5] - 34:22, 35:3, 35:4, 35:5, 35:7

Robinson [32] - 2:10, 3:1, 3:11, 3:15, 3:21, 4:6, 4:22, 4:25, 5:19, 6:2, 6:7, 6:11, 7:2, 7:8, 7:16, 13:20, 31:10, 31:20, 31:25, 32:7, 32:24, 33:1, 33:7, 33:13, 33:24, 33:28, 35:12, 35:21, 57:22, 58:14, 58:23, 59:23

Robinson's [3] - 34:4, 34:11, 35:14

role [7] - 35:20, 55:7, 62:12, 63:2, 64:4, 64:7, 74:4

roles [1] - 68:20roll [2] - 20:19, 20:23room [1] - 26:29Room [2] - 27:1, 27:16Rosewood [1] - 29:2rounds [1] - 8:8route [3] - 81:18, 82:26,

92:17routinely [1] - 73:17RRF [1] - 73:15rubbish [1] - 56:15RUC [24] - 6:24, 20:28,

22:16, 23:15, 27:11, 41:12, 41:30, 42:12, 46:4, 46:6, 46:16, 73:6, 73:17, 73:20, 74:5, 74:6, 74:24, 77:11, 77:15, 81:24, 82:18, 91:13, 92:21, 93:17

Ruddy [2] - 77:23, 77:26rugby [1] - 36:7ruin [1] - 69:19rule [1] - 68:13rumour [3] - 70:14, 70:16,

70:21rumours [1] - 70:8run [4] - 15:22, 62:24,

86:27, 87:13running [1] - 39:10runs [2] - 11:6, 14:11

Ssafety [1] - 83:22salted [1] - 35:4sanded [1] - 35:4sanding [1] - 35:2sat [1] - 20:10save [1] - 19:9saw [7] - 11:27, 45:6,

46:16, 52:24, 54:7, 59:11, 64:25

say-so [1] - 63:24scam [1] - 78:2scams [1] - 78:5scant [1] - 45:18scene [15] - 16:8, 17:17,

23:17, 27:13, 27:14, 27:15, 27:21, 27:23, 28:1, 28:3, 28:10, 28:15, 28:22, 29:2,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

10

29:16scheduled [1] - 71:3scheme [1] - 39:4score [1] - 60:4scraped [1] - 78:18screen [7] - 3:1, 13:7,

15:21, 24:12, 30:16, 37:1, 90:7

SDU [1] - 7:17search [2] - 63:26, 77:27searched [3] - 20:5,

66:12, 66:13searches [1] - 64:13second [14] - 1:7, 2:11,

7:29, 9:23, 11:15, 12:26, 14:19, 15:8, 15:12, 15:21, 16:6, 21:15, 34:20, 35:16

Secretary [6] - 72:12, 72:15, 72:25, 72:29, 74:20, 74:26

secrets [1] - 21:13Security [1] - 24:2security [13] - 6:10,

19:24, 57:26, 64:7, 64:18, 68:11, 72:14, 83:25, 83:28, 85:7, 85:8, 93:13, 93:16

see [21] - 8:18, 9:21, 10:26, 13:9, 14:18, 15:25, 16:2, 16:23, 17:1, 17:2, 18:9, 21:9, 45:3, 48:20, 57:17, 59:3, 59:13, 60:5, 64:21, 65:20, 85:12

seem [3] - 36:27, 45:26, 46:29

seized [1] - 67:27seizure [4] - 63:26, 67:5,

67:9, 75:4seizures [1] - 80:25send [1] - 28:18sending [1] - 57:1senior [7] - 22:3, 28:21,

29:15, 38:25, 38:27, 51:20, 62:7

sense [1] - 74:24sensitive [3] - 64:8, 65:5,

68:25sent [10] - 16:19, 20:30,

21:1, 21:11, 27:30, 45:14, 56:28, 56:29, 92:4

separate [2] - 68:21, 90:3separately [1] - 68:20sequence [1] - 3:8sergeant [6] - 13:29,

13:30, 14:1, 58:3, 58:11Sergeant [21] - 8:18, 9:7,

10:29, 11:1, 11:17, 12:27, 15:10, 16:12, 16:15, 19:16, 35:11, 43:23, 44:7, 55:28, 56:4, 58:13, 58:26, 59:6, 59:11, 79:14, 79:21

serious [4] - 6:22, 37:27, 49:20, 49:21

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seriously [1] - 52:11Service [2] - 3:8, 3:20service [4] - 59:7, 82:6,

82:8, 88:23services [2] - 4:5, 82:22serving [2] - 42:28, 79:24set [6] - 3:3, 3:4, 3:6,

3:16, 27:17, 71:5sets [1] - 24:7setting [1] - 29:12settling [1] - 90:27seven [2] - 67:27, 93:4several [1] - 73:5severe [1] - 34:28severely [1] - 44:29share [1] - 57:5shared [5] - 38:9, 38:10,

73:17, 83:6, 88:27sharing [2] - 83:2, 83:4shed [2] - 66:4, 66:11sheds [3] - 63:1, 63:4,

66:4shift [1] - 16:13shocked [1] - 51:27shook [1] - 6:28shops [1] - 50:8short [2] - 2:5, 30:17shorter [2] - 21:4, 53:26shot [4] - 40:6, 40:9,

40:12, 45:7show [3] - 56:22, 57:13,

78:24shows [1] - 56:24shut [1] - 73:6side [14] - 63:6, 63:7,

65:25, 65:26, 66:7, 66:8, 66:13, 76:21, 76:24, 79:30, 94:3

signalled [1] - 12:4signed [3] - 9:7, 10:30,

16:12significance [1] - 21:20significant [2] - 84:24,

85:6significantly [1] - 86:11similar [2] - 45:28, 54:23similarly [2] - 27:11, 75:9simple [2] - 50:3, 87:10simply [2] - 36:27, 56:1simultaneous [1] - 66:3sincerely [1] - 93:22Siochana [15] - 26:14,

50:10, 51:26, 52:5, 52:26, 58:21, 63:28, 64:4, 64:6, 64:27, 68:16, 70:1, 70:4, 70:9, 94:14

sit [1] - 54:2sitting [2] - 56:2, 61:12situation [4] - 22:17,

42:14, 51:19, 54:23six [4] - 26:24, 50:24,

67:27, 93:4slightly [1] - 2:17small [3] - 20:9, 61:15,

83:4smuggled [1] - 78:15

smuggler [1] - 86:27smuggler's [1] - 81:18smugglers [6] - 80:16,

80:19, 80:26, 82:12, 82:17, 84:20

smuggling [68] - 22:6, 39:7, 39:29, 62:16, 62:17, 63:3, 64:22, 65:7, 65:8, 65:9, 65:11, 65:17, 66:22, 66:26, 67:2, 70:10, 70:14, 70:17, 70:18, 71:23, 72:17, 73:12, 74:11, 74:14, 75:3, 75:10, 76:18, 77:6, 78:1, 79:30, 80:2, 80:4, 80:7, 80:9, 80:13, 80:22, 81:22, 82:13, 82:17, 82:27, 83:23, 83:26, 83:27, 84:1, 84:2, 84:5, 84:7, 84:19, 84:25, 85:10, 85:15, 85:18, 85:28, 85:29, 86:3, 86:8, 86:15, 86:16, 87:15, 87:19, 87:21, 88:16, 88:17, 88:19

snow [17] - 4:18, 11:24, 11:25, 11:29, 32:14, 33:4, 33:20, 33:22, 34:12, 34:14, 34:19, 34:20, 34:21, 34:29, 35:1, 35:14, 35:18

snowfalls [1] - 33:14snowstorm [3] - 31:24,

32:13, 32:19socialise [3] - 52:7, 52:9,

52:22socialised [1] - 52:16sometime [5] - 14:27,

14:30, 59:18, 76:22, 93:14

somewhat [1] - 93:16son [3] - 90:12, 90:13,

92:30soon [3] - 14:25, 24:29,

25:12sorry [15] - 3:4, 6:4,

10:16, 10:18, 13:19, 21:3, 23:22, 24:11, 40:7, 41:17, 41:26, 43:3, 53:7, 55:6, 73:30

Sorry [1] - 55:6sort [4] - 7:27, 56:30,

60:11, 64:17source [3] - 18:20, 19:1,

45:16sources [7] - 19:24,

23:10, 23:14, 23:21, 23:22, 88:24, 88:26

South [2] - 72:17, 84:23south [31] - 21:25, 22:3,

23:16, 37:4, 38:24, 41:7, 62:22, 63:20, 64:1, 66:22, 67:14, 67:16, 68:9, 73:27, 75:8, 80:6, 80:7, 80:9, 80:15, 80:25, 81:18, 82:9, 83:9, 83:10,

83:18, 85:1, 86:15, 86:16, 94:15

southern [8] - 63:7, 65:25, 66:8, 66:13, 76:7, 76:21, 78:16, 78:17

span [1] - 18:22Special [13] - 3:18, 3:21,

4:8, 5:1, 6:2, 7:3, 7:19, 7:24, 10:24, 12:2, 12:15, 13:21, 31:20

specifically [1] - 72:29specifics [1] - 80:29speculate [2] - 68:10,

71:24speculating [1] - 52:18speculation [3] - 38:21,

38:22, 72:27spend [1] - 19:8Spl [1] - 10:20SPM [2] - 72:17, 73:10spot [1] - 31:25Spratt [10] - 90:2, 90:11,

90:13, 92:2, 92:3, 92:4, 92:7, 93:23, 93:26

Spratt's [1] - 94:5spread [2] - 9:25spring [1] - 70:28stage [5] - 6:22, 18:18,

28:9, 28:15, 57:28stand [3] - 25:24, 42:4,

48:6standard [2] - 16:18, 27:7start [4] - 14:22, 31:9,

37:3, 55:14starting [2] - 4:1, 13:18State [8] - 67:8, 72:12,

72:16, 72:25, 72:29, 74:20, 74:26, 80:15

state [5] - 5:5, 36:27, 40:17, 64:18, 77:9

statement [16] - 2:11, 2:15, 2:16, 35:23, 38:30, 55:20, 63:1, 64:16, 65:10, 69:10, 75:23, 77:9, 77:22, 77:30, 93:15

states [1] - 10:2States [2] - 90:21, 92:17stating [3] - 41:8, 47:11,

50:16station [9] - 8:19, 23:19,

44:18, 45:10, 48:17, 49:19, 59:11, 78:29, 79:1

Station [10] - 5:28, 17:1, 17:5, 17:15, 26:22, 27:1, 48:1, 48:29, 49:2, 49:8

stations [1] - 82:15status [1] - 9:15stayed [3] - 85:22, 85:24,

85:26staying [1] - 6:21stepping [1] - 74:27steps [2] - 19:25, 27:8still [15] - 35:9, 46:23,

46:24, 49:3, 64:27,

79:16, 79:17, 79:18, 79:23, 79:26, 79:28, 79:30, 85:4, 85:5

stood [2] - 44:29, 44:30stop [2] - 15:8, 16:6stopped [1] - 12:5store [1] - 62:26Stormont [1] - 72:13story [2] - 39:6, 42:9straddled [1] - 63:2straddling [1] - 66:11straight [2] - 61:8, 62:24straightforward [2] -

88:3, 88:4Street [2] - 3:22, 31:30stress [1] - 13:8strikes [1] - 74:3stuck [10] - 4:17, 11:24,

31:23, 32:19, 34:5, 34:12, 34:14, 35:10, 35:14, 36:19

subdistrict [1] - 17:7subject [4] - 2:14, 61:9,

67:6, 89:2submachine [3] - 7:28,

10:3, 10:5submitted [1] - 45:22subsequent [5] - 30:17,

72:14, 75:5, 75:6, 92:10subsequently [2] - 17:16,

45:7subsidies [2] - 62:28,

64:22subsidy [2] - 62:21, 63:15substance [3] - 29:26,

45:20, 45:21substantial [1] - 22:24substantiate [1] - 48:3subtlety [1] - 73:25subversive [1] - 70:15success [1] - 73:8such-and-such [1] - 8:15suffer [1] - 81:2suffering [1] - 46:30suggest [8] - 44:11,

45:30, 49:29, 51:24, 61:8, 72:4, 86:1, 86:14

suggested [6] - 34:14, 47:30, 52:29, 53:2, 53:8, 53:9

suggesting [5] - 30:4, 32:30, 43:27, 45:26, 57:11

suggestion [1] - 48:4suitability [1] - 51:13suitable [1] - 52:6sum [1] - 3:16summary [1] - 73:21summation [1] - 57:14summers [1] - 32:14sums [4] - 60:13, 80:14,

80:15, 80:18Sunday [1] - 73:8super [1] - 58:22Superintendent [22] -

18:11, 24:3, 24:10, 27:20, 28:2, 28:7, 28:10, 28:20, 28:26,

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

11

29:3, 29:4, 29:6, 30:2, 30:7, 41:18, 41:19, 50:17, 51:17, 76:15

superintendent [3] - 9:11, 49:19, 50:26

Superintendent's [2] - 26:26, 26:28

superior [1] - 18:1supervision [1] - 7:4supplement [1] - 73:9suppose [9] - 10:20,

52:19, 61:5, 66:20, 75:28, 78:4, 83:28, 85:12, 85:17

surprise [1] - 55:5surprised [1] - 11:27surrounding [1] - 75:11surveillance [9] - 63:23,

67:25, 68:29, 68:30, 69:2, 69:3, 69:5, 69:7, 81:23

Surveillance [1] - 69:1survey [5] - 72:21, 72:22,

72:24, 73:13, 73:22surveys [1] - 73:13suspect [1] - 63:24suspects [1] - 42:12SWORN [2] - 2:1, 62:1Sylvia [4] - 91:21, 91:23,

92:24, 93:11synonymous [1] - 65:10system [1] - 87:13

Ttag [1] - 57:13tag-line [1] - 57:13tankards [1] - 67:27tanker [1] - 67:5tankers [4] - 72:1, 72:19,

72:26, 74:30tape [2] - 46:28, 47:3target [1] - 60:5tasked [1] - 62:29tattle [3] - 46:1, 56:12,

56:14tax [7] - 86:21, 86:24,

86:25, 87:5, 87:7, 87:13, 87:22

tea [1] - 12:8team [10] - 16:2, 16:7,

17:21, 17:22, 17:27, 17:30, 18:9, 19:14, 29:13, 67:24

telephone [1] - 71:6telephoned [2] - 22:10,

40:22telex [3] - 27:30, 28:4,

28:13ten [2] - 16:13, 54:3tension [1] - 6:15tenure [2] - 93:13, 93:18term [1] - 82:6terms [8] - 19:13, 24:6,

46:14, 48:30, 61:16, 63:25, 69:29, 76:10

terrorism [5] - 64:26, 65:6, 65:9, 74:12, 85:21

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Terry [1] - 90:1test [2] - 11:3, 11:8tested [2] - 8:24, 10:5testing [1] - 9:20tests [1] - 13:18thanked [1] - 6:27that'd [1] - 57:15that.. [1] - 50:9THE [11] - 1:1, 26:10,

31:5, 54:29, 60:27, 79:11, 84:14, 88:8, 89:25, 95:1

themselves [3] - 57:2, 84:5, 86:21

THEN [2] - 60:27, 89:25there" [1] - 6:21therefore [2] - 46:13,

82:22thinks [1] - 53:23third [2] - 91:10, 92:30threat [11] - 14:29, 19:20,

19:26, 19:27, 22:14, 37:18, 41:10, 41:29, 85:7, 85:8, 85:10

threatened [6] - 22:3, 38:25, 44:22, 44:28, 44:29, 81:2

threats [2] - 39:22, 42:2three [10] - 12:16, 12:23,

14:11, 31:27, 34:12, 70:21, 70:23, 81:30, 90:4, 93:5

Thursday [1] - 34:26thwarted [1] - 73:5ticked [2] - 9:3, 9:6Tierney [9] - 18:5, 18:6,

18:11, 27:20, 28:2, 28:9, 28:20, 29:4

tightly [2] - 68:27, 69:9timed [1] - 90:21tittle [3] - 46:1, 56:12,

56:14tittle-tattle [3] - 46:1,

56:12, 56:14Toby [1] - 47:7today [13] - 1:6, 2:28,

14:7, 14:16, 15:13, 25:2, 30:18, 60:29, 64:20, 70:7, 76:14, 84:30, 90:3

today's [2] - 21:1, 94:23Tom [2] - 18:3, 51:30tone [1] - 15:2took [8] - 27:21, 29:6,

45:18, 49:12, 66:16, 67:24, 72:13, 78:9

tooth [1] - 86:2top [3] - 20:19, 20:20,

91:6topic [2] - 14:4, 14:17topics [1] - 2:8towards [2] - 44:12, 50:2Tower [1] - 72:21tower [1] - 73:13town [1] - 6:23traffic [3] - 7:19, 35:6,

81:24trail [1] - 78:22

trainee [1] - 50:13training [3] - 8:29, 59:20,

60:3transcript [2] - 31:10,

51:8transferred [2] - 91:27,

92:25travel [3] - 12:26, 89:30,

93:10travelled [10] - 14:2, 36:2,

90:12, 90:16, 91:7, 91:27, 92:25, 92:28, 93:17, 94:15

travelling [1] - 12:25trial [1] - 7:3TRIBUNAL [2] - 1:1, 95:1Tribunal [22] - 3:8, 5:14,

5:16, 11:16, 13:8, 14:17, 16:5, 30:19, 30:21, 70:6, 80:24, 92:2, 92:6, 92:10, 92:12, 92:13, 93:12, 93:15, 93:20, 93:25, 93:27, 94:17

tried [2] - 64:17, 85:17trip [2] - 7:24, 90:10trouble [3] - 6:29, 6:30,

83:30Troubles [1] - 93:2troubles [2] - 48:26, 59:9truck [1] - 63:6true [3] - 11:22, 28:28,

51:29trust [1] - 69:11truth [3] - 46:17, 47:2,

58:29try [1] - 2:23trying [4] - 19:9, 46:1,

48:22, 67:17Tuesday [1] - 71:4turn [3] - 27:23, 59:18,

85:17turned [2] - 27:20, 60:4turning [2] - 24:8, 24:9twelve [2] - 1:8, 1:10twenty [3] - 20:24, 61:6,

61:7twenty-five [1] - 20:24two [25] - 1:6, 2:8, 2:27,

7:9, 11:19, 14:11, 21:1, 42:11, 49:20, 50:10, 50:24, 53:23, 53:24, 63:13, 74:14, 75:13, 78:5, 78:20, 79:20, 83:15, 86:20, 87:3, 90:19, 93:17, 94:14

two-and-a-bit [1] - 14:11type [4] - 20:16, 44:20,

54:3, 72:6typed [3] - 43:3, 54:5,

54:7types [2] - 86:3, 88:17typewriter [1] - 54:3tyre [1] - 12:9tyres [5] - 11:25, 11:28,

33:20, 34:21, 35:18

UUK [2] - 78:16, 78:26ultimately [1] - 3:23unarmed [2] - 8:1, 65:2uncovered [1] - 23:3undated [3] - 15:9, 21:5,

36:24under [9] - 19:26, 19:27,

20:9, 37:17, 63:14, 63:16, 75:7, 83:8

undergo [1] - 8:6undergone [1] - 8:28undermine [2] - 46:1,

51:26understand.. [1] - 53:15understandably [1] -

85:26understood [1] - 20:12undertaking [1] - 35:28underwent [1] - 10:6unearthed [1] - 2:21unexpected [1] - 1:4unfair [2] - 17:24, 50:30unfortunately [3] - 2:21,

14:9, 14:16ungraded [2] - 21:5, 21:9uniform [1] - 50:19uniformed [1] - 50:18Union [3] - 6:17, 6:19,

6:21Unit [1] - 69:1unit [14] - 17:27, 21:25,

22:12, 22:14, 37:4, 41:1, 41:10, 41:28, 43:19, 66:25, 68:30, 69:2, 71:22, 82:1

United [2] - 90:21, 92:16unknown [1] - 2:20unlawfully [1] - 51:25unless [2] - 36:13, 93:29unlike [1] - 68:3unmarked [1] - 7:14unorthodox [1] - 91:23unsavoury [1] - 19:4unsuitable [3] - 50:25,

51:5, 51:11UNTIL [1] - 95:1up [34] - 2:14, 3:1, 5:2,

5:4, 9:21, 10:2, 13:6, 15:21, 21:1, 21:3, 27:20, 27:23, 29:12, 31:30, 36:30, 39:10, 42:4, 44:29, 48:14, 50:30, 57:1, 59:9, 59:18, 60:13, 66:8, 67:24, 71:5, 77:19, 79:26, 81:29, 82:28, 84:30, 90:6

urgency [1] - 19:7usual [2] - 91:13, 92:21Uzi [6] - 7:28, 8:24, 10:2,

10:5, 11:9, 11:10

VValentine [1] - 61:3VALENTINE [10] - 61:5,

61:14, 62:2, 62:4, 70:27, 79:6, 89:16, 89:20, 89:27, 94:23

valorem [1] - 79:2value [1] - 79:3valued [1] - 78:9varied [1] - 80:4various [1] - 78:10varying [1] - 13:18vehicle [1] - 72:20vehicles [1] - 49:16versa [1] - 68:6version [1] - 24:27vested [1] - 63:27vice [1] - 68:6view [4] - 19:24, 56:30,

82:25, 83:22views [2] - 53:28, 61:9violence [2] - 81:2virtually [2] - 2:22, 14:10visit [6] - 44:27, 45:1,

49:26, 52:21, 90:24, 92:18

visited [2] - 29:3, 52:9volume [1] - 89:9

Wwait [2] - 14:18, 51:15walking [1] - 50:8Walsh [1] - 92:9Walther [1] - 9:5warning [1] - 70:12WAS [8] - 2:1, 26:10,

31:5, 54:29, 62:1, 79:11, 84:14, 88:8

ways [5] - 42:5, 58:28, 78:20, 86:20, 87:3

weapon [6] - 8:1, 8:8, 8:9, 8:15, 10:12, 13:16

weapons [1] - 9:30wear [2] - 91:24, 91:26weather [1] - 34:27website [2] - 3:4, 3:7wedding [1] - 91:24Wednesday [1] - 34:26week [11] - 17:28, 25:19,

25:20, 25:21, 25:24, 25:26, 25:30, 33:14, 34:29, 81:30, 94:25

weekend [1] - 35:2weeks [2] - 93:4, 93:6weight [3] - 56:11, 70:12,

70:13well-known [3] - 19:21,

44:23, 65:11well.. [2] - 58:9, 59:2whatnot [3] - 19:4, 48:27,

49:17whatsoever [1] - 74:16wheelbarrows [1] - 39:12whereas [1] - 80:8whereby [3] - 39:7, 56:22,

83:8whilst [1] - 52:25whispers [1] - 70:2whole [5] - 34:29, 39:4,

49:27, 80:22

Smithwick Tribunal - 22 July 2012 - Day 106

Doyle Court Reporters Ltd.

12

widely [1] - 73:19wife [4] - 26:21, 31:25,

91:19, 92:15Willie [1] - 50:11willing [1] - 49:28wise [1] - 39:15wish [6] - 25:15, 25:17,

54:18, 79:9, 92:5, 92:14WITHDREW [2] - 60:27,

89:25withheld [1] - 46:26WITNESS [8] - 26:10,

31:5, 54:29, 60:27, 79:11, 84:14, 88:8, 89:25

Witness [6] - 70:29, 70:30, 71:9, 72:8, 74:19, 74:25

witness [7] - 50:2, 60:29, 61:3, 61:6, 61:15, 94:4

witnesses [2] - 1:6, 84:3woman [1] - 16:30won [1] - 51:21wonder [4] - 62:11,

65:21, 75:26, 78:1wondering [1] - 25:4word [2] - 18:13, 66:2world [2] - 68:13, 77:18worst [1] - 15:1write [1] - 50:22writing [4] - 29:23, 40:16,

40:17, 43:21written [8] - 29:1, 40:11,

40:14, 44:7, 45:25, 72:11, 78:14

wrote [5] - 24:19, 43:3, 45:19, 48:6, 53:29

Yyard [2] - 67:24, 67:28yeah.. [1] - 20:7year [1] - 25:20years [6] - 23:18, 48:27,

73:5, 90:20, 93:15yesterday [4] - 35:24,

72:17, 73:11, 92:6yield [1] - 44:30young [1] - 50:23yourself [7] - 19:14,

19:15, 50:16, 64:29, 75:16, 85:13, 87:24

yourselves [2] - 64:17, 85:14

££10,000 [1] - 86:27