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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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Page 1: A P P E A R A N C E S The Sole Member For the Tribunaljustice.ie/en/JELR/2012-06-14_-_Smithwick_Tribunal_-_Day_103.pdf/... · thing at that stage. They qualified for the £10 per

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.

WITNESS M

EXAMINED BY MRS. LAVERTY 2 1

CROSS-EXAMINED BY MR. McGUINNESS 27 1

CROSS-EXAMINED BY MR. O'CALLAGHAN 34 29

CROSS-EXAMINED BY MR. COFFEY 47 8

CROSS-EXAMINED BY MR. ROBINSON 54 28

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THE TRIBUNAL RESUMED ON THE 14TH OF JUNE, 2012, AT 11 A.M.

AS FOLLOWS:

MR. HAYES: Chairman, to commence this morning, this

morning's evidence, there is a witness in Belfast who will

give evidence by video-link, and Mrs. Laverty is there to

examine him, and I think that is ready to proceed.

CHAIRMAN: Oh, good. Thank you very much.

MRS. LAVERTY: Good morning, Chairman. I am here with

Witness M, and he is ready to take the oath. He doesn't

wish to be facially recognised, Chairman, for security

reasons, so for that reason you will be stuck with seeing

me for the duration of his interview.

CHAIRMAN: That will be very nice. And what cipher is he

being known by?

MR. HAYES: M, I believe.

CHAIRMAN: M. Right.

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WITNESS M, HAVING BEEN SWORN, WAS EXAMINED BY MRS. LAVERTY

AS FOLLOWS:

Q. MRS. LAVERTY: Now, I think, Witness M, that you spent your 1

career in Customs in the North of Ireland, is that correct?

A. That's correct, Mr. Chairman.

Q. And you were part of a new investigation unit set up in 2

about 1974?

A. That is correct, yes.

Q. And was there a particular distinction between your unit in 3

the Customs and Excise and, perhaps, previous ones?

A. That's correct. We were formed in 1974, in Belfast, and we

were responsible for the investigation of offences

throughout Northern Ireland.

Q. And I think that you were British civil servants, well, as 4

against Northern Ireland, shall we say, originally?

A. That's correct, we were British civil servants and not

Northern Ireland civil servants.

Q. And were you run out of a part of England, were you -- were 5

your bosses in England or were they in the north?

A. Yes, the headquarters was in London, and we had a regional

office which covered Glasgow, from Glasgow, and they would

come over from time to time as well. But the collection

and investigation unit at that time was operated solely in

Belfast to cover anti-smuggling, et cetera.

Q. Yes. And I think that you ended up very high up in the 6

unit, without identifying where you were in the hierarchy

of the unit, is that correct?

A. That's correct, I was a senior officer in the unit.

Q. Yes. And I think that in 1988, there was a change in 7

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monetary compensation amounts, which led to a lot more

monetary gain paid on exports, and that had a big impact

for Customs, is that correct?

A. That's correct.

Q. And how did that impact on people who were tending to 8

smuggle?

A. Well, it meant that if you purchased cattle in Northern

Ireland and you took them to the Republic of Ireland, you

would have to pay about a hundred pound per beast on each

animal as they crossed the border at the point of Customs,

both export and import. In this particular case, what they

did was, the load of cattle would be brought to the border

and they went into the yard on the border, and the cattle

in Northern Ireland are all tagged in the right ear and in

the Republic of Ireland they are tagged in the left ear, so

the first objective for the smugglers was to remove --

cause the tags to be removed from the right ear of each

animal and then, subsequently, move them along a bit and

insert Republic of Ireland tags, which they had obtained

either from meat plants which were disregarding tags after

the animals were slaughtered there, or, from other people,

farmers who maybe were deceased or no longer required their

herd books, they got into the hands of them sometimes as

well.

Q. And were they camouflaged, the fact that there had been an 9

original tag?

A. Yes. Once they removed the tags from the right ear, that's

the Northern Ireland tags in the right ear, they then had a

bucket mixture, and they would have tried to cover it up

with all sorts of things to close off the incision in each

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right ear of the animal. Thus, the animal, when they had

the other tags inserted, it left they were all -- they'd

become Republic of Ireland cattle as soon as they got

across the -- [loss of sound] -- of the border.

Q. I think the smuggling was not confined to cattle, I think 10

there were other products smuggled as well?

A. There were other products as well. Pigs would have been a

thing at that stage. They qualified for the £10 per pig.

The only thing there was, with the cattle, we had some more

better control over them because each animal was in the

respective farmer's herd book and, therefore, he had to

account for it whenever the Department of Agriculture

people came along; where is his stock. And he just kept

the thing. With pigs, they had no identity; each pig

looked the same north or south of the border and,

therefore, that was the problem. So the pigs would come

into the yard, and once they got into the yard, the tractor

unit, which would normally be the Northern Ireland unit,

bringing us into the yard, they would then would put on a

tractor unit from the Republic of Ireland and drive out

with a lorry laden with pigs bearing the Republic of

Ireland registration plates. And if they were stopped then

up the road, they were coming from the person in the

Republic of Ireland.

Q. And I think fuel was another item that was -- 11

A. Yes, fuel was a big business as well, and they were --

people from Northern Ireland, usually if the fuel was a

lesser cost in the south, each person would have went down

and got his car filled with fuel and back up again. But

then, other people decided that they would bring up loads

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of it into Northern Ireland and, therefore, there was a lot

of evasion of duty on the situation.

Q. When you talk about yards, bringing pigs or cattle into 12

yards, am I correct in thinking that these were the yards

of people who were actively involved in smuggling, who may

have been strategically positioned along the border

property-wise, is that correct?

A. Yes, in most cases the farms that we are referring to would

be south of the border. You would have part of the farm in

Northern Ireland, the dwelling house could be in the south

of Ireland and the yard itself could be in Northern

Ireland. So anybody going into trouble with, particularly

a vehicle laden with stuff into the Northern Ireland side

of the yard and then, subsequently, it would drive out the

other side, eventually to the Republic of Ireland.

Q. And how did the smugglers make their money then from these 13

transactions?

A. The smugglers made their money, they started off with

cattle, £100 per beast. Therefore, if you take away the

toll - there was a toll usually charged at these places for

about £2.50 per cow and £1 per pig - so if you'd a hundred

cattle, a hundred cattle, that would be a hundred £2.50s.

And the situation, the pigs were slightly different because

the pigs, once they went out and was brought back in then

illegally, they went out and was changed to effect again

from the south, most likely as this thing increased, the

lorry would be returned back into Northern Ireland by the

main route to Customs. And, therefore, cattle, pigs coming

back into Northern Ireland would qualify for a refund of

£10 per pig. So they did the car selling of pigs, maybe

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two or three times the pig would be going around and

around. And that was a big problem.

Q. This was obviously very big money, then, was it? 14

A. Absolutely.

Q. Are we talking about a multi-million pound industry?15

A. Yes, you would be talking about big, big money. In

particular, there was the cattle, there was the pigs, and

then there was the grain, and then there was also

importations of meat from the Republic of Ireland into

Northern Ireland, legally; they'd come to the Customs in

the south and then to the Customs in the north and they'd

declare -- but in due fact, when it was examined by Customs

or Department of Agriculture officials it was found that it

may be only trimmings, and they could take a load that

would be worth, maybe, eight to ten thousand pounds.

Q. What about cars, vehicles? 16

A. Car vehicles?

Q. Yes.17

A. Car vehicles was slightly different, they were -- people

from the south of Ireland were able to come up and buy cars

in Northern Ireland or across in England, come across and

then take them down, and they would have a similar type of

charge, I understand, maybe in the south, which was

dropped, and then that car, then, would be transferred

over, the details over to that.

Q. I see. Now, I think that in your business, you obviously 18

needed a lot of back-up from other agencies, is that so?

A. That is correct.

Q. And who would you have had to rely on in the course of your 19

work?

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A. Initially, it was the RUC and then it became the PSNI, and

any time that we would be doing a job for any length of

time in a particular border crossing, we would always, in

advance, seek the assistance of the police and...

Q. What about the Republic, did you have close connections 20

with the Customs people in the south, without mentioning

names?

A. Yes, we had an ongoing working relationship between

Northern Ireland Customs investigation and the SIB Customs

in Dublin.

Q. I think that is the Special Investigation Branch? 21

A. Special Investigation Branch, yes.

Q. And were you both of necessity involved very closely in 22

operations on the border?

A. Oh, yes, yes, nearly on most operations you would be in

touch on a daily basis or maybe a weekly basis, depending

on the situation, and you would get the person that is

going to handle it from the south and you would exchange

the information, and then they would take steps to cover

their side of the border, and then we would go in on this

side of the border.

Q. And do Customs people from the south freely travel 23

backwards and forwards, exchanging information with you and

working with you?

A. Yes.

Q. And were there particular -- were there particular sort of 24

provisions that allowed you to carry on your work and get

more success -- more successfully in relation to, for

example, dispensations in crossing the border?

A. Well, we had an understanding, we had an understanding that

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if we were in the border and we wanted to cross into the

border, we had a sort of a dispensation for to be able to

drive the car into the south and come back out again, and

the same thing would apply to them.

Q. And where was the most dangerous part of the province to 25

work in?

A. Well, the most dangerous part would have been maybe south

Armagh, one that comes to mind.

Q. I think that you were injured yourself in the cause of 26

your -- in the course of your duties at one point?

A. That's correct.

Q. And perhaps you might tell the Chairman about that? 27

A. Well, we went down -- I went down with three others, two

others in the car and another four people in another car

were further down the way and we were just going past the

Murphy property.

Q. Is this Murphy's in Ballybinaby? 28

A. Ballybinaby. Commonly known as Slab Murphy's property.

And we drove into the south. When we were coming back out

again we were assaulted by at least seven men, and we both

had to go to the doctor and then subsequently the hospital

for treatment.

Q. And what injuries did you sustain? 29

A. I received a burst eardrum and other minor injuries.

Q. I see. And do you know when that was? 30

A. Yes, it was on 1st of September 1978.

Q. I see. And were -- did you feel that you were under 31

serious threat at any other time during your career?

A. Any time you were working on the border, you found that you

were always under some restriction or threat of

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investigation because people, whenever you are going to

seize property from them, sometimes they don't take it

lightly, so we had to make arrangements to ensure that we

had special back-up from the police or the PSNI, and the

same would apply down the south.

Q. Yes. Now, I think that -- did you know Harry Breen and Bob 32

Buchanan, incidentally?

A. Yes, I knew the late Mr. Breen very well.

Q. Did you have occasion to work with him in the course of 33

your work?

A. I had occasions to have discussions with him, mainly, and I

knew of Bob Buchanan, but I never had much contact with

him. Mr. Breen was in charge of the division in Armagh.

Q. I think that, in fact, you have an entry in your diary 34

which you have there, which suggests that or indicates that

you had a meeting, you were supposed to have a meeting with

Harry Breen on the 21st of March, which was the day after

his murder?

A. That is correct.

Q. And unfortunately, he didn't make that meeting. Now, did 35

you know at the time what that meeting was about; had you

been filled in about it?

A. I just understand this, that Mr. Breen was going down to

discuss with the Garda colleagues as to the smuggling

activity in that particular area.

Q. Do you know when you became aware of that, was it at the 36

time or afterwards or in advance?

A. It would have been probably a good while before that and

leading up to that, that there was activity in that

particular area in relation to smuggling.

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Q. Yes. Now, can you tell us about 'Operation Amazing'? 37

A. 'Operation Amazing'?

Q. Yes.38

A. Yes. The 'Operation Amazing' was more or less for, a team

from Glasgow, they would come over to Northern Ireland and

they would have selected and assisted with the

investigation of certain targets, and that was what the

operation was named, for the smuggling of grain from

Northern Ireland to the Republic of Ireland, and vice

versa.

Q. I think am I correct in thinking that it was called amazing 39

after the word for grain, maize?

A. That's correct.

Q. And this would have started sometime in the '80s, is that 40

correct?

A. Yes, it was going for a long time, I understand.

Q. And at periods of time various people, various smugglers 41

were targeted?

A. That is correct.

Q. Am I correct in that in November of 1988, one particular 42

family of smugglers had been targeted in south Armagh?

A. That's correct.

Q. And searches were carried out in cooperation with the 43

southern Special Investigation Branch?

A. That's correct.

Q. And I think that there was a second, I see from diary 44

entries that there was a second search scheduled, I think

for the 21st of March, in another south Armagh smuggler?

A. Yes, that's correct. There was a knock supposed to be

taking place on the Tuesday, the 21st of March.

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Q. I think a knock is what you referred to, the operation, a 45

sting in the operation?

A. A sting in the operation, yes.

Q. And that was not on Mr. Murphy's land; it was on another 46

south Armagh property?

A. That's correct.

Q. And am I correct in thinking that that obviously had to be 47

cancelled --

A. Because of the deaths.

Q. -- because of the deaths, yes. So there was a build-up, 48

am I right in thinking there was a build-up at this stage

building up to perhaps a search or an operation against

'Slab' Murphy?

A. That's correct.

Q. And the Tribunal is aware, Witness M, that this particular 49

visit by Superintendent Buchanan and Chief Superintendent

Breen seems to have originated as a result of a dinner that

Mr. Breen attended on the 6th of March, 1989, in Stormont

Castle. The Tribunal has heard evidence that the Secretary

of State, Tom King, army personnel, and some -- a

particular Colonel, were present at this dinner. And the

subject of lorries transversing the Murphy property was

brought up, and there was some agitation or annoyance about

that, and it was indicated that something should be done

about it. Did you hear about that at the time?

A. Yes, I think I heard it shortly after that, that they were

wanting something done about the ongoing smuggling in

particular areas of south Armagh.

Q. Yes. And I think on the 7th of March, from our records, 50

and have already been put into the Tribunal, a Security

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Policy Meeting took place of the Chief Constable, the

general officer in command and others, to discuss this

particular situation that had been raised by the Secretary

of State. And I will refer you to a document which

Mr. Mills has a copy of there in court; it's HMG Document

58. It has already been opened to the Tribunal. And that

seems to consist of the minutes of this particular meeting.

And I will just read it to you, Witness M, to see what your

views are on that. Is it up on the screen, Mr. Mills?

MR. MILLS: Yes.

MRS. LAVERTY: Thank you.

Q. It's addressed to the Under Secretary Law and Order 51

Division, Stormont House, Belfast. And it's "Dear..." --

it's undated, and I'm not sure who the recipient is. It's

indicated "Murphy's farm".

"The Secretary of State mentioned" - blank - "observations

about 'Slab' Murphy and his smuggling operations in south

Armagh at the SPM yesterday."

Now, the SPM would have been the Security Policy Meeting,

which took place on the 7th of March, which obviously this

was the 8th of March.

"I have looked into the particular incident mentioned - 28

tankers over a 60-hour period, netting an alleged profit of

14K per vehicle - and now report back as requested.

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"The survey was made by the Glassdrumman Observation Tower,

G30, during a completely random survey between 0001 hours

on the 27th of February and 1200 hours on 1st of 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 tanker's content

ands the alleged profit were as a result of informed

speculation rather than firm evidence."

So obviously there is a query there in relation to what was

alleged at the dinner.

It goes on to say there: "The question that the Secretary

of State raised specifically - who was told and what, if

anything, was done about it, is 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 a coloured

supplement to explaining his modus operandi.

"With this in mind and recalling GOC's advice at the SPM,

that only a cumulative rather than individual exposure of

Murphy's smuggling would prove effective. The Observation

Tower survey was one of a number of surveys that are

directed at Murphy's operations. The information was

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collated manually by G30 and passed directly to 1 RRF

intelligence cell in Bessbrook Mill on 1st of March. That

information was shared routinely with the RUC liaison

officer in The Mill, entered on the military computer

Crucible on 2nd of March and then disseminated quite widely

to military and RUC addresses in 1 RRF intelligence summary

on the 5th of March.

"The point behind this is that the survey was not designed

for immediate executive action - Murphy's expertise has

moved well beyond the 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.

"I have copied this letter to the Chief Constable's

Office."

Now, obviously, there is concern here that the information

that was proffered at the dinner on the 6th was inaccurate,

and we also, Witness M, have had evidence from - I will

just look up the cipher here now - from Witness 27, who

travelled to that dinner with Harry Breen. He gave

evidence to the Tribunal that coming back, they both

expressed dissatisfaction with the way this is being

handled; they felt that the Secretary of State shouldn't be

interfering with police work, which was their view, so

obviously they must have had some unease about this method

of approaching it, as well. What would be your view, as a

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Customs' person?

A. Well, my view on it would be more or less that the first

thing you'd have to do is to get the most up-to-date

intelligence, the number of vehicles, et cetera, that is

crossing on an unproved route. And once you get that then,

you have a rough idea then what's the end product going to

be and what further planning will take place. I was not --

I was unaware of the total end product of this but I knew

there was some form of concern over the movement of

vehicles and traffic and lorries in that particular area.

Q. And presumably, if you had had your meeting with Chief 52

Superintendent Breen and Bob Buchanan, you would have

canvassed this with him?

A. He would have updated us in what the position was.

Q. And would you have made recommendations arising out of that 53

meeting?

A. I would have reported that, the facts -- I was at the

meeting and my boss would have been with me, so it would

have been a matter of passing it on to the people who were

leading the operation.

Q. How dangerous would this operation be? 54

A. All operations along the border would be, a certain amount

of danger in relation to it, and this would be no

exception, and certainly you'd have to take the necessary

precautions to try and achieve the objective.

Q. What sort of precautions in the event that there was a big 55

operation going down, what sort of precautions were the

Customs allowed to take for their own safety, if you

considered that you were under threat?

A. Well, they'd be briefed to pay particular attention to

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themselves and what your own concerns was, and if they

needed any training or anything like that on it, you would

be advised to have it.

Q. And what about arms training or the carrying of weapons, 56

was that an option?

A. All Customs personnel were unarmed, but it was up to each

individually if you felt that way, that he could apply to

the local authorities, and that would be the police, for --

and apprise them of the facts.

Q. And if one were going into a serious operation where there 57

were several millions involved against any smuggler, would

that be a step that would be considered by the people

involved from Customs, that they would require to be armed?

A. Well, the police would be there, anyway, and they would

have their own necessary equipment with them, and we, as

Customs officers, on the day or whoever would be leading

the particular target on the day, they would be able to

carry on doing their job and have the freedom of being

looked after at the same time.

Q. The fact that, say, for instance, a smuggler got wind of 58

the fact that there was going to be a major move against

him by the -- all the authorities involved, do you think

that that particular organisation would take steps to

perhaps assassinate the people who might have been carrying

it out?

A. Well, the situation there would be is, depending on the

situation on the ground and the person involved, after all

they were smuggling for financial gain, and I am not so

sure what the length they would go to to achieve that

objective.

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Q. Would you go so far as to say they would go to considerable 59

lengths to achieve that objective, to divert or obstruct a

move against them?

A. Well, they would take the necessary precautions, anyway.

If they were -- if their operation was going to be

inhibited for any length of time, they certainly would do

something about it; they would maybe warn you off or

something like that there and, again, you would have to

rethink the strategy of the situation, leave it to another

day.

Q. Had that happened before, that you would get warnings or 60

threats from people who thought they were at risk of being

rumbled that they were --

A. Well, the situation is when you are dealing with smuggling

in Northern Ireland and the Republic of Ireland, between

Northern Ireland and the Republic of Ireland, initially it

used to be a traditional thing, but whenever the MCAs came

into being, it became big money, so the whole oversight

changed.

Q. And the MCAs, of course as you said earlier, is monetary 61

compensation amounts?

A. Compensation, yeah.

Q. I think you did tell me originally that the Customs' view 62

was that you were focused on smuggling and terrorism was

for somebody else to sort out?

A. That is correct, our job was to do the all-round, the

collecting of the revenue with our colleagues from the

Republic of Ireland, and try and achieve that objective,

and given that our outlook for farmers within Northern

Ireland and the same in the Republic of Ireland.

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Q. But to what extent were there, too, of them entering into 63

smuggling and the IRA, PIRA at the time?

A. Well, it would be difficult to assess that from a security

point of view, but that is the main reason that the police

would have been there and they would have been in

possession of that knowledge.

Q. Could you smuggle on a large scale without being a member 64

of the IRA?

A. Well, if people smuggling and -- [loss of sound] -- on that

particular question, it's a difficult one.

Q. Now, I think that, I had spoken to a colleague of yours who 65

was very helpful in providing diary extracts but we didn't

manage to allay his concerns about his security, so he is

not going to give evidence, for the moment. And I am just

wondering, do you have any notes in your diary about

visitations from the Special Investigative Branch prior to

the murders and after this meeting, this directive, because

I have --

A. Any particular date?

Q. Yes, there is the 7th of March, the 14th of March, 66

telephone calls on the 15th of March?

A. No, I would have nothing on the 7th.

Q. Were you elsewhere at the time? 67

A. Yes, I was dealing with other matters in a different part

of the country.

Q. I see. Now, I think that as a result of the minutes of the 68

meeting that I have read out to you, there was a directive,

a file was opened on 'Slab' Murphy, a query was -- sought

the views of the Garda and the file was due for reporting

on 24th of March, 1989. Now, there was a memo sent to --

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by the -- witness -- let me see -- Witness 56 sent a memo

to Senior Ops and Senior ACC C&E and indicated that the

Chief Constable wanted a report on the matter and the Garda

view was to be sought via Divisional Commander H, and that,

of course, was Harry Breen, and it was indicated that the

request was to be treated as urgent. Mr. Cushley, who has

given evidence before the Tribunal -- [loss of sound] --

forwarding this memo to the Regional ACC Rural East

indicating, that again, the report is required by the 24th

of the 3rd. And, at this point Harry Breen was actually

out on leave. So Harry Breen has now been given his order

to progress this matter as a result of the security meeting

on the 7th. Now, on the 16th of March, then, we heard from

Superintendent Buchanan's diary. He noted in his journal

"Duty to Armagh, meeting with ACC re 'Slab' Murphy," and

that is HMG36. He attended a briefing at Armagh station

attended by the ACC and others. And orders to conduct an

operation were given to the RUC and the army, and Chief

Superintendent Breen was placed at that. So, do you have

any knowledge of that meeting on the 16th or were you again

--

A. I was dealing with other matters in County Down.

Q. Okay. Now, on the 14th of March, which was one of the days 69

that the Special Investigative Unit were visiting, that you

haven't got a note of there, the Tribunal has heard that

Superintendent Buchanan, accompanied by Inspector Day,

called to Dundalk, and on that day Inspector Day felt they

were being followed. So there seems to be an interest in,

certainly in the car on that day. You haven't any --

A. No.

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Q. You weren't anywhere around the area at the time? 70

A. No.

Q. Now, on the 20th of March, then, you had, I think you had a 71

meeting with Special Branch, according to your diary, is

that right?

A. That's correct.

Q. And did you have a security chat with Witness M [sic], your 72

colleague, who feels unable to attend?

A. Yes, he had been apprised of the facts and any names we

would have, and if he was not present, we withdrew then to

him.

Q. Yes, it was, of course, the day of the murder? 73

A. That's the day of the murder, yes.

Q. Do you recall what views you had about security or what 74

concerns you would have expressed about security? Would it

have been in relation to your own operation that was --

A. Well, it would be a matter then for the people who were

running the operation to have a rethink and discuss the way

forward with the PSNI or the Special Branch.

Q. I think on the 23rd of March, then, I was advised that your 75

colleague went down to Dublin, again discussing the

situation in relation to Murphy and 'Operation Amazing', do

you know about that?

A. Yes, I remember that he travelled to Dublin via Newry.

Q. Have you particular reason for remembering that? 76

A. Well, I understand that it was to get some photocopying

done.

Q. And where would he have done the photocopying? 77

A. The photocopying I think was being done by our colleagues

in the Republic of Ireland.

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Q. So they would have provided you with copies of documents 78

that they had?

A. They would have been providing that particular gentleman

with the copies and they would be photocopied if they were

applicable to what the inquiry related to.

Q. And was the inquiry, do you recall, relating to a move 79

against 'Slab' Murphy?

A. It is mostly likely, it is most likely concerned with the

illegal exports of grain, et cetera, and if the 'Operation

Amazing' was still ongoing, it would have been applicable

to it, probably.

Q. Yes. And where would those documents have gone? 80

A. They would have been handed over to -- once they were

received, they would have been handed over to the officers

that were leading the inquiry.

Q. Yes. And would that be in Glasgow? 81

A. It would be in Belfast initially and then they would have

been looking after the --

Q. Yes. Now, I think 'Operation Amazing' certainly continued 82

up -- [loss of sound] -- because I think that there was

another series of arrests against other smugglers in May of

1989, is that right?

A. That's correct.

Q. And I think you are looking at your diary now? 83

A. Yes.

Q. And can you just tell the Chairman and the Tribunal -- I 84

think it was the -- was that the 23rd of May -- yes, I

think it certainly was May; I am not sure of the date, I'm

afraid. Perhaps you might just tell us about it, because

you have -- the 27th of May. 23rd of May?

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A. 23rd of May?

Q. Yes. 85

A. What is the question?

Q. Just as a follow-up to 'Operation Amazing', there was some 86

more smugglers, a group of people, it was alleged that they

were smuggling, arrested around the 23rd of May?

A. Yes, I think there was six people in all arrested that

morning; I think that was one in a different part from the

border.

Q. And one person who was -- who came to notice of the 87

Tribunal was a Mr. McAnulty. Do you recall his --

A. Yes, Mr. McAnulty was one of the six.

Q. Yes. Did you arrest him? 88

A. No.

Q. Yes. Have I the date correct, was it around 23rd of May? 89

A. Actually, that one --

Q. I know it's the 23rd of May from your colleague's diary but 90

I don't want to put words in your mouth.

A. Yes.

Q. Now, I think that you are aware of the -- 91

A. Excuse me, it was the 23rd of May.

Q. Yes. 92

A. I have the diary open now.

Q. There is another matter that I need to ask you about, 93

because you are aware of our terms of reference,

allegations, investigating allegations of collusion that

may or may not have taken place between PIRA and any State

agent, and that would include the Gardaí. I think that you

have some information for the Tribunal in relation to

Detective Sergeant Owen Corrigan, is that correct?

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A. Yes, I was at a meeting in Edward Street Police Station in

Newry, otherwise known as Corry Square at that time, and I

was warned by a colleague, who is now deceased, that

Detective Sergeant Corrigan, who was allegedly leaking

information, was in the room -- empty -- [loss of sound] --

so there was another few Garda personnel there as well.

Now, I had prior knowledge of Owen Corrigan, just in

passing, his name came up since early 1988 because of

meetings, but I didn't know anything about him except for

hearing his name, up to this time. He was at the liaison

meeting, it was a Christmas gathering, there were perhaps

20 people in attendance, and my colleague pointed

Mr. Corrigan out to me and warned me off against him, as it

was alleged he was leaking information. In view of what he

said, and the fact that I had previously in 1988 heard the

name regarding him, I avoided contact with him.

Q. Now, how do you know that you met him on this particular 94

date? Do you have something in your diary?

A. I have a note in my diary that I was at the meeting and

that there was Garda personnel there and that Mr. Connolly

-- this was the 21st of the 12th, '88 --

Q. Witness M is now getting his 1988 diary. 95

A. We went to Newry at quarter to two and I met with my

colleague and friend and then I spoke to PSNI officers and

also Garda personnel, which allegedly included Detective

Sergeant Corrigan.

Q. Do you have his name written in the diary? 96

A. No, it's not his name, it's just under "Garda personnel".

But my colleague pointed him out, he says he was in the

building and I -- I just had no contact with him. I didn't

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know much of him up to that other than I heard the name.

Q. In what context did you hear the name? 97

A. Pardon?

Q. Why would you have heard his name? 98

A. I heard just the name in passing, that there was somebody

allegedly -- there was information getting out and that

that name came up, but I hadn't --

Q. Can I show that page to the Chairman? 99

A. Yes.

Q. I don't know if you can see it, Chairman. It's a diary 100

extract dated 21st, Wednesday, of December 1988.

MR. SWEENEY: Mary, can you move it closer to your face and

higher and then bring it closer to the screen. Just read

it out, we can't see.

MRS. LAVERTY: I think I will get Witness M to read his own

writing.

Q. If you could read out the relevant extract. 101

A. "To RUC liaison meeting. Met a Detective Inspector and

others, also Garda personnel. Various discussions." And

then I met my boss later on that night and then I went back

to Belfast at 19:40 hours.

Q. So Owen Corrigan's name isn't -- 102

A. Owen Corrigan's name is not in the diary.

Q. It's not in the diary. I thought that you said that it 103

was?

A. No.

Q. Yes. You recall at that particular meeting you met him, is 104

that right?

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A. Oh, yes, I saw him; I didn't meet him.

Q. And you didn't know anything else about him? 105

A. I knew nothing else about him.

Q. And had he ever come to your attention from a professional 106

point of view, in a smuggling context, had he ever come to

your attention?

A. No.

Q. So this was, if you like, gossip, was it? 107

A. Well, the person that told me, he would have knew him, of

course he was involved in investigations and he would have

knew of him, and he just mentioned to me in passing, he

says - this is the Detective Sergeant, "Don't be saying

anything". And that's what happened, and I didn't

participate in any conversation with the gentleman

concerned.

Q. I see. Now, I think that you, following the deaths of 108

Harry Breen and Bob Buchanan, you had a meeting on the 28th

of March --

A. Yes.

Q. -- 1989. And perhaps you could have a look at your diary 109

for that day?

A. 1989.

Q. I think that you said in your statement that was attended 110

by Alan Mains?

A. That's correct.

Q. Who was a Staff Officer, Harry Breen's Staff Officer? 111

A. Yes.

Q. And do you recall that meeting? 112

A. I do, yes. We were having a general discussion and Alan

Mains --

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Q. What was the purpose of that meeting, do you recall? 113

A. It was just after -- immediately after two -- two or three

days after the deaths, and we called into the police

station and we met with a Superintendent who was taking the

place of Harry Breen, the late Harry Breen, and Alan Mains

was there.

Q. And did you have -- did you have any discussion about the 114

events that had happened, with Alan Mains?

A. We had a slight discussion about it, and he made it clear

at that conversation that Harry Breen didn't want to go to

the meeting in Dundalk in the first place.

Q. I think he has given that evidence to the Tribunal, and he 115

made a statement to that effect, I think prior to your

meeting with him --

A. Yes.

Q. -- so we understand from the evidence before the Tribunal. 116

Do you have anything -- can I ask you, did the operation

against Murphys go ahead eventually at the scale envisaged?

A. I understand it did. I wasn't present at it, but there was

an operation went down at it, and it covered both sides of

the border.

MRS. LAVERTY: Thank you very much. And perhaps now you

can answer any questions that they may wish to ask in the

south.

CHAIRMAN: Any questions?

MR. McGUINNESS: Yes, Chairman.

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THE WITNESS WAS CROSS-EXAMINED BY MR. McGUINNESS

AS FOLLOWS:

Q. MR. McGUINNESS: Good morning, Witness M. My name is 117

Diarmuid McGuinness, and I appear for An Garda Siochana.

Can you hear me?

A. Yes.

Q. Can I ask you, Witness M, have you any evidence that any 118

member of An Garda Siochana colluded with the IRA in the

murders of Superintendent Buchanan and Chief Superintendent

Breen?

A. No, I have no evidence of that.

Q. Okay. Now, can I just ask you this: Obviously, you have 119

got your diary entry showing that a meeting had been

arranged with Chief Superintendent Breen for the 21st of

March, isn't that correct?

A. That's correct.

Q. And did he make that appointment with you? 120

A. It was made, I think, by Mr. Mains.

Q. Mr. Mains made that appointment? 121

A. Yes, I understand that, now.

Q. But did he make that with you over the phone or how was it 122

made?

A. The meeting would have been arranged over the phone to say

that Mr. Breen requested a meeting in Armagh on that

particular date.

Q. All right. Were you stationed in Armagh at that point in 123

time?

A. Pardon?

Q. Were you stationed in Armagh or based in Armagh? 124

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A. No, I was stationed in Belfast.

Q. Belfast. All right. Can I ask you this: Would that 125

appointment have been made by Mr. Mains with you or by

appointment with somebody acting on your behalf?

A. No, I understand that Mr. Breen had asked Mr. Mains to

contact me and see would I be available on the same date,

and I received a call from, I think it was Mr. Mains, or

someone acting on his behalf, for the meeting for that

particular day.

Q. I am just trying to elicit that. You received the call and 126

you think it was from Sergeant Mains?

A. Yes.

Q. And can you recollect when that was? Can you hear me? 127

MRS. LAVERTY: No, we lost you there for a minute.

Q. MR. McGUINNESS: When was that phone call made to you? 128

A. On the 21st?

Q. No, arranging the meeting on the 21st. When was the phone 129

call made to you?

MRS. LAVERTY: When would he have made the phone call?

A. He would actually have made the phone call maybe the day

that Mr. Breen was going to Dundalk, it was that particular

day, to say that he wanted a meeting the next day in

anticipation.

Q. MR. McGUINNESS: Okay. Can I ask you, is that your 130

recollection, that it was arranged on the morning of the

20th or is that what you are assuming happened?

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A. I just can't give you the actual time, but I received the

call sometime on that particular day, the day that

Mr. Breen, on the 20th.

Q. All right. Okay. Now, you have told the Tribunal that you 131

knew Mr. Breen well and, as I understand it, you told the

Chairman that you knew that Mr. Breen was going -- was

going to go down to discuss matters with his Garda

colleagues sometime after the meeting of the 6th of March.

Can I ask you this: Did you learn that Mr. Breen was going

to go down before Sergeant Mains phoned you on the 20th?

A. No, I wasn't aware of that.

Q. All right. I thought you had told the Chairman that you 132

heard shortly after the meeting of the 6th of March that

the authorities wanted something done about it, is that

right?

A. That was the general consensus, yes.

Q. Yes. But when did you first hear that there would be an 133

operation possibly mounted against Mr. Murphy?

A. I wasn't directly involved in that myself.

Q. I understand. 134

A. Because that was being led by another team.

Q. Yes.135

A. And I had to deal with other matters at the same time, so I

wasn't aware of the overall situation, the preplanning or

anything like that.

Q. I understand. But I just want to try and, as it were, pin 136

you down a little more if possible in terms of time. Did

you learn the week before the Superintendents were shot

that there was talk of an operation in relation to

Mr. Murphy?

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A. An operation going down?

Q. Yes.137

A. Well, as far as the particular subject you are mentioning

there, I wouldn't have known when the actual day or week

when it was going, because as I say, that particular

operation - I assume that you are referring to 'Operation

Amazing' - that would have been handled by other people, so

I wouldn't have been directly involved as to the date, the

actual date or dates.

Q. All right. But Mrs. Laverty opened to you the minutes of 138

this meeting of a direction that was given by the Chief

Constable about getting a report into Mr. Murphy's

activities, and can I ask you this: Did you learn of that

at that time?

A. No, I knew there was something, I knew that the authorities

were concerned about the smuggling activity right across

the border but I wasn't aware of this particular meeting at

that time until I learned of it.

Q. Okay. So, can I ask you this question, then: Was the 20th 139

of March the first time that you learned that Harry Breen

was going down to Dundalk?

A. Yes, that the -- the 20th of March, the 20th of March, yes.

I wouldn't have known any forward knowledge of what the

late Mr. Breen would have been doing.

Q. Yes. But you learned from Sergeant Mains on the 20th that 140

he was going down to Dundalk to discuss it with the guards

and that he wanted to meet you then the next day?

A. I understand that he phoned up and said that "Mr. Breen

wants to meet you tomorrow," and that was arranged, and I

said, "Okay, let me know later." And then that fell

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through.

Q. All right. You have referred to 'Operation Amazing' there, 141

and you have referred to six people being arrested in May

of 1989, one of them being a Mr. John McAnulty, is that

right?

A. I was aware that he had been arrested but I know nothing

about his particular arrest or the other -- I was only

concerned -- I was allocated to go out with another chap

who was dealing with one of the other six, and I was

dealing with him, the two of us was dealing with him, and

that was it.

Q. Yes. Can you confirm that was an operation relating to 142

grain smuggling?

A. That was an operation to grain smuggling in general, yes.

Q. In general. And can you confirm that Mr. McAnulty was 143

arrested and released without charge at that point in time?

A. Again, I wasn't into the, actually, all the details of that

particular situation, and the people that were in charge of

that investigation, we were -- each person had to look

after the person that they were allocated the post to deal

with it.

Q. I understand. 144

A. But I understand that he was in the building at one time

and -- but I had no contact with him.

Q. Yes. But obviously, it would be regarded as a success if 145

an operation resulted in the bringing of charges against

any of those arrested, and have you any recollection as to

whether Mr. McAnulty was charged or not?

A. I couldn't honestly answer that question, I am not sure,

because he could have been, he could have been dealt with

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something, but I have no knowledge of whether he was

charged or released without charge.

Q. Yes. All right. Now, just turning to this meeting in 146

December of 1988. Did you know who had arranged this

liaison meeting in Newry Garda Station -- in Newry Police

Station?

A. That would have been arranged just through some of the

local detectives there, who'd say, "Right, we are having a

liaison meeting." And that was it. And I attended that

meeting.

Q. Yes. And do you know what other Garda officers were 147

present at that meeting?

A. No, all I know, there was other Garda -- some other Garda

personnel present. It was just a liaison meeting.

Q. And it was at that meeting or on that day that you heard 148

for the first time this talk about Sergeant Corrigan?

A. I had heard the name before, but I never gave it much

thought, but on the day, at that meeting, my colleague came

over to me and said that there was a Detective Sergeant

Corrigan in the room, and on hearing his name -- except for

hearing his name up to this point, I wasn't aware of the

gentleman concerned.

Q. All right. And can I ask you this: Presumably, you had 149

been aware that there had been a bombing of Newry Police

Station at Corry Square in 1985; nine officers were

killed --

A. That's right.

Q. -- when a mortar hit the canteen, and many others injured. 150

You were presumably aware of that?

A. I was aware of that, yes.

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Q. Would you be surprised if the RUC either invited or 151

permitted any member of An Garda Siochana into the station

who had been suspected of passing information to the IRA?

A. I couldn't make any comment on that, that would be a matter

for the PSNI or the police at that particular time. It

wouldn't be up to us to make any comment on that.

Q. All right. Well, did you raise any query with any of your 152

superiors after going to a meeting and finding a member of

An Garda Siochana there who was alleged to be helping the

IRA?

A. All I related was to the person, my immediate boss, that we

were at the meeting and what my colleague would have told

him as well, he had more knowledge of it than me. I wasn't

aware of the full facts relating to the same person.

Q. So your boss wasn't aware of this, on your recollection? 153

A. Say again.

Q. Your boss wasn't aware of this before you informed him of 154

this, is that right?

A. I just -- I was just advising him, saying that we were at

the meeting and that my colleague had said that there was a

Mr. Corrigan there, and that was it. I avoided contact

with him. The only thing I knew about him was, I learned

he was in Special Branch, that is all. I knew nothing

about him otherwise.

Q. All right. Yes. But may the Chairman take it that up to 155

this date in time, you had never been involved in any

operation involving that particular Sergeant, had you?

A. No.

Q. Okay. And I note that in your statement you have referred 156

to a previous diary entry for a meeting with Mr. Breen on

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the 5th of October, 1988. Can you recollect where that was

or can you help the Chairman as to where that meeting was?

A. Yes, that was on Wednesday the 5th.

Q. And where was -- 157

A. I conversed -- I have in my diary, "Conversed with Chief

Superintendent Breen and [Witness 39], also CID personnel."

And then I moved on to another visit, to the Customs

station itself.

Q. And can you tell the Tribunal where that meeting took place 158

or what it related to?

A. That related to a place at Armagh RUC station, PSNI

station.

Q. Was that in connection with 'Operation Amazing' or some 159

other operation?

A. We did call in from time to time and have general

discussions in general, and we discussed anything that

would have been discussed, nothing specific unless there

was an ongoing operation going.

Q. Okay. So, you have no recollection of anything in 160

particular, but it's simply a meeting that you had with

Chief Superintendent Breen?

A. No.

MR. McGUINNESS: Okay. Thank you very much, Witness M.

A. Thank you.

CHAIRMAN: Any questions from anybody else?

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

FOLLOWS:

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Q. MR. O'CALLAGHAN: Good afternoon, sir. Can you hear me? 161

A. Yes.

Q. I appear for Owen Corrigan, I just have a few questions for 162

you. Do you have your statement in front of you, sir?

A. Yes.

Q. Could I ask you to go to page 2 of it and the section of 163

your statement where you refer to the meeting in Armagh RUC

Station on the 5th of October, 1988. It's the second-last

paragraph, sir.

A. Yes.

Q. You will see there, sir, the last two sentences in that 164

paragraph state the following, you say: "On the 5th of

October, 1988, I met with Harry Breen and Witness 39.

There were some CID personnel present and Harry did not

speak freely." I am just wondering, sir, why was it, do

you think, that Mr. Breen didn't speak freely in the

presence of some CID officers?

A. I just can't recollect individual persons that were there,

but when that phraseology "did not speak freely", it means

that if he was going to talk about something specific, that

is what I would be relating to there.

Q. Would you agree with me that there would be nothing unusual 165

in a police officer not discussing sensitive security

matters in front of other police officers?

A. Well, I wouldn't -- as far as I was concerned, on the 5th

of the 10th, '88, I met with Mr. Harry Breen and there was

some other CID personnel that could have been about,

present, and Harry did not speak freely; he didn't talk in

general terms, we just talked about whatever was discussed

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at the time, it could have been about anything.

Q. The meaning I took from the sentence, and correct me if I 166

am wrong, is that Harry Breen was reticent or didn't speak

freely because there were other CID personnel present and

he didn't want to talk freely in their presence, is that

correct?

A. No, I wouldn't agree with that, because as far as the other

people present, that was -- I couldn't say to the late

Harry Breen what to speak about because I couldn't say, I

just said that he didn't -- we didn't talk in general terms

about everything else.

Q. Well, why do you say he didn't speak freely? 167

A. Well, it's just I would have thought in the conversation,

just normally you'd get people speaking and they are

discussing various things, and he'd only be speaking about

anything that would be agreeable to whatever people were

doing or saying. It was a general conversation, that is

all I can recollect on that particular thing.

Q. You then have the meeting on the 21st of December, 1988, in 168

Newry. Just for confirmation, sir, there is absolutely no

mention of Owen Corrigan in your diary entry, isn't that

correct?

A. That's correct.

Q. How do you recall, then, that Barry Connolly told you about 169

Detective Sergeant Corrigan at that meeting?

A. Well, I was in the building and the gentleman you mentioned

there, he spoke to me and he says that he recognised about

Detective Sergeant Corrigan and I just says, I thought

about what he had said and as I had no conversation with

him, I hadn't heard much about the man in the past, other

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than his name had been mentioned in general terms and that

was it.

Q. What did Barry Connolly say to you? 170

A. What did Barry Connolly say to me?

Q. Yes.171

A. He pointed over to a person and warned me off against him,

as he was alleged to be leaking some information to certain

people.

Q. Well, did he say, "That man leaks information to certain 172

people"?

A. I don't know what the end product of it was now, to be

quite honest, like, but as far as he was concerned, he

pointed him out to me. I had no conversation with the man

concerned, and that was it.

Q. How did you reply to what Barry Connolly said to you? 173

A. Pardon?

Q. How did you reply to what Barry Connolly said to you? 174

A. I said, "That's okay."

Q. What did you understand as him being -- as him referring to 175

"other people" as?

A. Well, he was referring to what he heard or knew about and

he was just relating it to me, and he told me sometimes

that whenever people are speaking, that they are speaking

to people and there is other people there and he just said

that, he mentioned Mr. Corrigan. And I had no contact then

with Mr. Corrigan or anybody, and that was it.

Q. Did Mr. Connolly say to you that Owen Corrigan was giving 176

information to the IRA?

A. No.

Q. When did Barry Connolly die? 177

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A. It's about ten years ago, I think.

Q. When you received this information from him, what did you 178

understand it as referring to? Who did you think Owen

Corrigan was giving information to?

A. I didn't form an opinion on Mr. Corrigan.

Q. Who did -- well, what did you form an opinion as to what 179

Barry Connolly was saying? Who do you think information

was being given out to by Owen Corrigan?

A. I don't know where Mr. Connolly got it from, he just

mentioned it to me in passing at the meeting and that was

all I had with him about the same conversation.

Q. Well, it's obviously something that has stuck in your mind, 180

since you are well able to remember 24 years later without

any note in your diary, so why did it have such an impact

upon your recollection?

A. Because I remember the particular date, being in the place,

and I checked my diary, and I remember at that particular

time Mr. Connolly mentioned that, what you stated there.

Q. What did you do with this information when Mr. Connolly 181

mentioned it to you?

A. Well, that would be up to Mr. Connolly because he would

have knew all about it, so he would have passed it on to

his in-line line manager.

Q. Are you saying that Barry Connolly did pass it on to his 182

line manager?

MRS. LAVERTY: Did Barry Connolly pass it on to his line

manager, do you know?

A. I am not so sure. I would have no doubt he did pass it on

but I have nothing in my diary other than the fact that I

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was at a meeting and Mr. Connolly informed him.

Q. MR. O'CALLAGHAN: Did you mention it to anyone after the 183

meeting, what Barry Connolly had said to you?

A. I mentioned -- I mentioned it to my in-line line manager in

passing, and that was it.

Q. What did you say to him in passing? 184

A. I just said as I discussed there, that I was at the meeting

and Mr. Connolly came over to me and said that the person

who was in the room, that is Detective Sergeant Corrigan,

and to be careful what I was saying.

Q. And did your line manager say to you, well who is he giving 185

information to?

A. No, that would have been down to him as to what to do about

it.

Q. And when do you think you may have mentioned that to your 186

line manager?

A. I would probably have mentioned it to him that particular

night.

Q. Did you mention it to anyone else in the intervening 24 187

years since that night and the evidence today?

A. I never -- [loss of sound] -- the 'Operation Amazing', and

therefore, I wasn't involved in that --

Q. Sorry, sir, I think we missed your answer there, there was 188

a break in the link, and if I might ask you the question

again. You can answer it again so we can hear it. Have

you ever mentioned it to anyone else between the 21st of

December, '88, and today, giving evidence here?

A. Other than whenever I was asked about it by the Tribunal

personnel.

Q. When were you asked by the Tribunal personnel? 189

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MRS. LAVERTY: When were you asked by the Tribunal

personnel?

A. The 24th of the 5th, '12. 24th of May this year.

Q. MR. O'CALLAGHAN: Okay. So you don't mention it to anyone 190

for 24 years. What made you speak to the Tribunal

personnel? Did anyone approach you asking you to assist

the Tribunal?

A. No, they just asked me in general, what was I -- on that

particular date in my diary, and that is what I

recollected.

Q. Did anyone else ask you to talk to the Tribunal? 191

A. No.

Q. No one approached you other than the Tribunal, for the 192

purpose of assisting this Tribunal?

A. Yes.

Q. Were you aware of this Tribunal's existence? 193

A. Yes, in general terms, yes.

Q. Why, then, didn't you seek to come and give this 194

information to the Tribunal prior to the 24th of May 2012?

A. I understand you have to be asked to do these things,

and -- that is as far as I went. Whenever I got the

meeting, I was at the meeting on the 24th of the 5th and in

the presence of my in-line line manager, and that was it.

Q. Did you receive any contact or communication from 195

Mr. McBurney, solicitor, asking you to assist the Tribunal?

A. Mr. McBurney?

Q. Yes.196

A. Mr. McBurney was in contact or he was -- he was in contact,

as well, and it was just, more or less, kind of, would I be

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available to go to -- as a witness. So I had very little

conversation with him about anything in particular.

Q. When did Mr. McBurney contact you? 197

A. I think it must have been around about the 24th of the 5th,

as well.

Q. Did he contact you before the Tribunal spoke to you? 198

A. I am just checking here. No, I had very little contact

with anybody regarding it, and very little contact with

anybody, really.

Q. Did Mr. McBurney ask you to give evidence to this Tribunal? 199

A. He might have mentioned would I be available to give

evidence and would I be agreeable, and I said, well...

That is all, that is the point of conversation I had with

him, unless the people from the Tribunal themselves were

there and we explained to them at the time what took place.

Q. Did Mr. McBurney mention to you or raise the name with you, 200

of Owen Corrigan?

MRS. LAVERTY: Did Mr. McBurney raise the name of Owen

Corrigan to you?

A. I just am not so sure because there was that many names

going around, and we were talking just in general terms,

and, at the meeting on the 24th, we then went through it in

detail.

Q. MR. O'CALLAGHAN: So you could remember, sir, Owen 201

Corrigan's name being mentioned to you 24 years ago by

Barry Connolly?

A. Yes.

Q. But you are saying you can't recall whether Owen Corrigan's 202

name was mentioned to you within the last three weeks by

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Mr. McBurney?

A. It could have been mentioned to me, it could have been

mentioned, but there was nothing untowards. It clicked

with me that that was the person that was in Newry that

particular night.

Q. What did Mr. McBurney say to you about Owen Corrigan? 203

A. I just can't recollect what he said, in detail. He

didn't -- there was no concentration on Detective Sergeant

Corrigan.

Q. I want you to try and recall, sir. You have a good memory 204

when it comes to Owen Corrigan; as I say, you remember what

was said about him 24 years ago. I am asking you what was

said by Mr. McBurney about him within the last three weeks?

A. Well, just, if anybody did ask me, it was just to say, you

know, Sergeant Corrigan, I only know of him; I don't know

the man.

Q. Well, presumably, sir, somebody put the name 'Owen 205

Corrigan' to you on the 24th of May last, is that correct?

A. Whenever the diary was checked on the 24th and we went

through them in relation to that particular date, I checked

my diary and I remembered because -- that Mr. Connolly had

advised me, and that was all the conversation we had,

really, about it.

Q. You also say you had a meeting with Mr. Mains on the 28th 206

of March, 1989, isn't that correct?

A. 28th?

Q. 28th of March, 1989, isn't that correct? 207

A. Yes, yes, that's correct.

Q. Can you read out what is the record in your diary from that 208

date in 1989, please?

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A. That was on the 29th of March, that meeting took place on

the 29th of March.

Q. Sorry, the reason I said the 28th of March is because your 209

statement says the 28th of March, at the end of it, on the

third page. But read out the 29th of March, anyway, will

you?

A. I went to Armagh with Mr. Connolly and I met with [Witness

39] and Mr. Alan Mains, Sergeant. We spoke briefly about

Mr. Breen, Breen -- and further discussion with [Witness

39], and it was during this particular meeting that

Mr. Mains made it clear that Harry Breen did not want to go

to the meeting in Dundalk.

Q. And is that the last thing in your diary? 210

A. I have it just down as "various topics".

Q. Sorry, I asked you to read out your diary. Are the 211

following words in your diary: "He made it clear that

Harry Breen did not want to go to the meeting in Dundalk"?

Is that in your diary?

A. "At Armagh, met [Witness 39], Mains and Mr. Breen, and then

meeting with [Witness 39], and various topics," and it was

during the conversation that that came up.

Q. Hold on -- 212

A. That particular quote is not in my diary.

Q. OK, OK. How do you recall, 24 years ago, that Alan Mains 213

said to you that Harry Breen did not want to go to the

meeting in Dundalk?

A. I just didn't get that.

Q. How do you recall that at the meeting on the 29th of March, 214

1989, Harry Breen said -- or Alan Mains said to you that

Harry Breen did not want to go to the meeting in Dundalk?

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A. Well, the situation was, I was in Armagh, and that was

three days after the death of Mr. Breen, and Mr. Mains was

there, and the discussion took place, and I remember, I

remember Alan Mains saying Harry Breen didn't want to go

there in the first place, and it stuck in my mind, that is

all. All I know, that he said that.

Q. Can I ask you, sir, did Mr. McBurney mention to you, when 215

you met him, that Alan Mains had given evidence to this

Tribunal that he recalled Harry Breen saying to him that he

did not want to go to the meeting in Dundalk?

A. I think that remark might have been passed, but I am not so

sure about it, by Mr. McBurney.

Q. I have to put it to you, sir, and please don't be offended 216

by this, but what, clearly, has happened here, I suggest to

you, is that Mr. McBurney got in contact with you and --

A. Yes.

Q. -- he filled your mind full of information that you don't 217

recall but which he managed to get you to put in your

statement, such as, one, Barry Connolly mentioning Owen

Corrigan at the meeting on the 21st of December, 1988; and,

two, the reference to Alan Mains allegedly stating that

Harry Breen did not want to go to the meeting in Dundalk.

Would you comment on that, please, sir?

A. I would comment on it. I remember, I remember Mr. Connolly

just drawing to my attention about the first part of your

question. And the second part, I was present whenever Alan

Mains made the comment, and I think Mr. McBurney may have

asked me did I -- would I have remembered it. I remember

that comment being made at that particular time; it's a

very difficult time, and that was it.

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Q. Who typed up this statement for you? 218

A. Pardon?

MRS. LAVERTY: I am sorry, we lost you there.

Q. MR. O'CALLAGHAN: Who typed up this statement for you? 219

MRS. LAVERTY: The Tribunal.

A. The Tribunal typed it up. They took the notes and they

subsequently passed the statement to me.

MR. O'CALLAGHAN: You also mentioned that you had prior

knowledge of Owen Corrigan since early 1988. What

knowledge did you have of him?

A. It was any time that we were working on the border, we

always checked out to see what the situation was regarding

information, et cetera, and his name came up before, and I

never thought anything about it until I heard the name

again in Corry Square.

Q. When you say "his name came up," what did his name come up 220

as?

A. Just come up as he was a Detective Sergeant in Dundalk

and --

Q. So, in fairness to you, sir, you are not saying there was 221

anything negative said about Owen Corrigan when you heard

about his name prior to Mr. Connolly mentioning it to you,

is that correct?

A. There was very little negative at that particular time.

Q. Sorry, sir, I didn't hear your answer there? 222

A. There was very little discussion about Mr. Corrigan.

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Q. OK. 223

A. In general terms, his name might have come up, and that was

all the -- the situation that I can remember.

Q. But am I correct in stating that his name only came up 224

because he was a member of Special Branch in Dundalk?

A. That could have been, that could have been, but, I mean, I

had nothing else in that particular position regarding

Detective Sergeant Corrigan.

Q. What is your recollection of who brought up his name? 225

MRS. LAVERTY: What is your recollection of who brought up

his name?

A. I can't remember, now, who brought up his name. Just --

[loss of sound] -- watch this, that and the other. I am

not saying -- it would have come up in general, but it

wasn't anything on paper, or anything like that; it was

just, when you are making inquiries, but there is

nothing -- I didn't know the man, I couldn't recognise --

other than, on the day in question, I was told to be

careful of what I was saying, and that is what I did, and I

had no contact with him.

Q. But just to finalise this point, sir; you are not saying 226

that you heard negative comments about Owen Corrigan in

early 1988, are you?

A. I just heard the name Corrigan. I don't know what the

context was at the time. It could have been about

anything. But as far as Detective Sergeant Corrigan, it

only came to mind that I remembered the name when

Mr. Connolly at that particular time told me about him. He

seemed to be -- know something about him, and I didn't have

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any conversation with the gentleman concerned.

MR. O'CALLAGHAN: Thanks, sir.

CHAIRMAN: Any other questions for the witness?

MR. COFFEY: If I may, Mr. Chairman.

THE WITNESS WAS CROSS-EXAMINED BY MR. COFFEY AS FOLLOWS:

Q. MR. COFFEY: Witness M, I appear for retired Sergeant Leo 227

Colton, and I want to ask you some questions.

First of all, you make a distinction about being a British

civil servant as opposed to a Northern Ireland civil

servant, isn't that correct?

A. That's right.

Q. And are you implying -- 228

MRS. LAVERTY: I am just going to -- he didn't catch who

you are representing. He is representing retired Sergeant

Leo Colton.

A. Yes, yes.

MR. COFFEY: I am obliged.

Are you saying that your unit was the only Customs unit

operating in the border area of south Armagh, or were there

any other Customs officers operating in that area?

A. There was only one investigation unit in Northern Ireland,

pertaining to Northern Ireland, and it was -- and all

Customs, you had the local Customs stations around the

border in Northern Ireland and you had also the preventive

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teams, that is the mobile cars that go out and stop

vehicles on land boundary offences, and things like that.

Q. Was your unit separate from those two other types of 229

Customs officers you have identified? Did your unit go out

on mobile patrol around the border areas?

A. No, we wouldn't be out patrolling the border in cars, or

anything like that, there. If there was something detected

on the border and it wasn't just a one-off thing and if it

needed further investigations, it would be forwarded to us

and we'd take the necessary action.

Q. Did you have regular ongoing contact with local Customs 230

officers, then?

A. We had -- yes, we had contact with them on not a regular

basis, but when the time, opportunity come about.

MRS. LAVERTY: We have lost the connection.

Q. MR. COFFEY: What do you mean by the opportunity -- 231

CHAIRMAN: Mr. Coffey is just pausing. He is now ready to

ask another question. Can you hear him now?

MRS. LAVERTY: Yes.

Q. MR. COFFEY: Witness M, what do you mean by opportunity 232

occurring as regards contact with local Customs officers?

A. Yes, if they required assistance, et cetera, they would be

in touch with us and say, well, it's more than a land

boundary - they were looking after land boundary offences

and minor offences - and if somebody was constantly doing

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something, we would have a look at it for further

investigations.

Q. You indicated in your statement that as far back as 1978, 233

when you were in the vicinity of property owned by

Mr. Murphy, properly known as 'Slab' Murphy, you were

assaulted, isn't that correct?

A. Yes, that's right.

Q. And at that time, had you a belief that Mr. Murphy was 234

engaged in smuggling activities?

A. We were -- we went down around the border on that

particular day and we went past Mr. Murphy's, and it was

then, on our return, that we were intercepted by men, by

three men, and asked what we were doing there.

Q. Yes, I understand that. But what I am asking, Witness M, 235

is this: Was it your belief and your unit's belief that as

far back as 1978, Mr. Murphy was engaged in smuggling

activities?

A. We had reason to believe that that particular crossing was

very active as regards smuggling.

Q. And, specifically, Mr. Murphy and his property was being 236

used for smuggling activities?

A. Well, Mr. Murphy's premises straddled the border and there

was a lot of activity in that end, and if there was any

inquiries in that, then we would be in liaison with our

counterparts in the Republic of Ireland. It was just a

normal border crossing, and other people used it at the

same time.

Q. Is it fair to say, Witness M, that the primary source of 237

your information would have come from the local Customs

officers, as to what was happening on the ground with

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regard to smuggling activities?

A. We would -- we would investigate various things that they

would pass on, and we also had our own intelligence, as

well, again, devoted to it.

Q. But the local Customs men were a primary source of 238

information and intelligence for you, isn't that correct?

A. That's correct.

Q. Yes. And it follows, I suggest, as a matter of common 239

sense, that, independent of your unit, local Customs men

would have had detailed information and knowledge both

about smuggling activities and individuals alleged to be

engaged in smuggling activities, isn't that correct?

A. It all depends on which area. There is different areas and

different patrols.

Q. Well, if we just confine it specifically to south Armagh 240

and the property of Mr. Murphy, for the moment.

A. Yes.

Q. He had a high reputation, isn't that correct? 241

A. Yes.

Q. And I am suggesting to you, also, would the local Customs 242

men be involved in any major operations involving both the

Customs and the Gardaí in the south?

A. No.

Q. Sorry? 243

A. I don't think so.

Q. They would have no direct involvement, they would not be 244

requested to lend physical assistance in any joint

operations between north and south, is that your evidence?

A. It would be -- an investigation, if it was -- an

investigation of any magnitude, it would be dealt with

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between the investigation itself and their colleagues in

the Republic of Ireland and the assistance of the PSNI in

Northern Ireland and the Garda in the Republic of Ireland,

I understand.

Q. So are you suggesting, then, that the local Customs men in 245

Northern Ireland, outside, just patrolling, had no other

functions?

A. The local Customs on the border were responsible for the

importation and exportation of grains to the land boundary

stations.

Q. Did they have any investigative role at all? 246

A. No.

Q. They had none whatsoever? 247

A. Apart from an inquiry role. If they stopped somebody and

seized something, they would make further inquiries on it

and clear it up themselves.

Q. Yes. I must suggest to you, Witness M, that local Customs 248

men would have a greater knowledge of the individuals

alleged to be engaged in smuggling in the south Armagh

area; wouldn't they know that, as a matter of common sense?

A. Yes.

Q. And are you saying that they would have no hand, act or 249

part in any investigation into sustained smuggling

activities going on in their area?

A. No, that would not be the case, because the local station,

Customs stations, would be checked out to see what legal

exports and imports were taking place at that particular

station.

Q. Would local Customs officers ever give evidence if a case 250

came to court?

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A. You left us there.

MRS. LAVERTY: Can you repeat that, please.

Q. MR. COFFEY: Would local Customs officers ever give 251

evidence in the event of any smuggling cases coming to

court?

A. I understand they did if it was a straightforward seizures,

and things of that, but if it was something of a

complicated nature, it would be passed over and then we

would take that on board or somebody would take it on board

and deal with it.

Q. I see. 252

A. They would be getting on with the day-to-day --

Q. On an average week, how often would you have been 253

personally in the south Armagh area, Witness M?

A. On an average week, it could be once, twice a week. It

would depend on the trend and the MCAs on the thing.

It wouldn't be -- if people were smuggling cattle and there

was no MCAs to be avoided or obtained, it wouldn't be

feasible. So if it was feasible that it was, say, £100 per

beast, then we would see, as a pattern, what is happening

as regards legal exports; cattle could be legally exported

between Northern Ireland and Republic of Ireland, and then

that would have been the case, and, if that dropped off,

that would give you an indicator.

Q. Yes. Did you interact on such occasions when you visited 254

south Armagh, with local Customs officers?

MRS. LAVERTY: Could you repeat that, please?

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Q. MR. COFFEY: When you visited south Armagh in the course of 255

your duties, did you interact with the local Customs

officers on those occasions?

A. Not on every occasion. We would have called in and spoke

to them and asked them was there anything unusual, and that

would have been it. And if they needed any assistance with

anything, they would have been in touch with us.

Q. In the course of your career, did you work with Mr. Eamon 256

Collins, a self-confessed member of the IRA?

A. Did I...

MRS. LAVERTY: ... work with Eamon Collins?

A. No. He was one of the local Customs officers.

Q. MR. COFFEY: Yes. You are aware of him? 257

A. I heard of him, yes, definitely, yes.

Q. And it would appear from his own confessions and 258

admissions, he gave significant information to the IRA

concerning security aspects within Northern Ireland?

A. I couldn't comment on that because I don't know, really.

Q. What I am suggesting to you, Witness M, that a local 259

Customs officer such as Mr. Collins was able to give very

important and vital information to the IRA regarding

security issues?

A. Well, all security issues of that nature would be dealt

with, with the PSNI.

Q. And I lead on from that, Witness M, that, contrary to what 260

you might imply, local Customs officers had a detailed

knowledge of affairs within their area in south Armagh,

and, in particular, the activities, alleged smuggling

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activities of 'Slab' Murphy?

A. They could have, yes; they'd definitely be -- have a

knowledge of it, but our role was, more or less, for to

carry out an investigation if it was apparent that there

was a lot of activity being used at a particular border

crossing.

Q. And I am also suggesting, Witness M, that any proposed 261

anti-smuggling activity against Mr. Murphy, or his

associates, would have been within the knowledge of local

Customs men?

A. They probably knew of him, yes.

Q. And also, I am suggesting that -- 262

A. But it wouldn't -- nobody would have -- if there is an

operation going to take place, that would be all down to

the investigation people who were in charge of that

particular investigation.

MR. COFFEY: Yes. Thank you.

MS. O'SULLIVAN: I have no questions.

CHAIRMAN: Anybody else with questions?

MR. ROBINSON: Yes, I have a number of brief questions for

this witness.

CHAIRMAN: Yes, Mr. Robinson, please.

THE WITNESS WAS CROSS-EXAMINED BY MR. ROBINSON AS FOLLOWS:

Q. MR. ROBINSON: Witness M, my name is Mark Robinson, and I 263

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appear on behalf of the PSNI. I wonder if I can deal

firstly with your dealings with Chief Superintendent Breen.

What was your impression of Chief Superintendent Breen from

your workings with him?

A. I found that Chief Superintendent Breen -- the late Chief

Superintendent Harry Breen, to me, was a very concerned and

helpful person. And we would have to go into his station

if we were going to carry out an operation and ask for

assistance under the Customs and Excise Act, and we had no

problem; he always did his best to assist us.

Q. And in your view, what level of appreciation did Chief 264

Superintendent Breen have regarding the security around the

border area?

A. He was very conscious of security and smuggling, as you

know; he was advised to try and do something about it, and

he had a keen interest, he had a keen interest in the

workings of Customs, and that meant that we were able to

update him on the trend, the way things were happening in

relation to MCA, and things like that, and give him an

idea.

Q. And can you give the Chairman some element of context 265

regarding the risk along the border area, and not just for

Customs but for police, during this material time?

MRS. LAVERTY: Can you repeat the question, Mr. Robinson,

please.

Q. MR. ROBINSON: Can you give the Chairman a description or 266

your view on the level of risk around the border at that

time?

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A. Yes, the risk of food strapping, is that what you are

referring to, the smuggling of foods?

Q. Well, the risk of harm to both Customs officers and police 267

officers along the border at that time?

A. Yes, there was always a very high risk of coming in

conflict with the situations on the border. When you were

doing an operation, especially over a period of time, the

PSNI would have been there and they would have looked after

all the security matters pertaining to us and allowed us to

get on with our job.

Q. And if I can move, Witness M, to the level of smuggling 268

going on around this area. Relative to the rest of the

border, was this a higher level of activity or a lower or

medium rate of activity?

A. There was a lot less of smuggling went on in south Armagh

and different -- parts of south Armagh, and the smuggling

of cattle and pigs and grain were very prominent at that

particular time.

Q. And was your attention throughout Northern Ireland or was 269

it drawn to this particular region?

A. No, we would have an interest in all cross-border places

throughout Northern Ireland.

Q. And were you involved in the planning of operations with 270

Irish Customs along the south Armagh border?

A. I, and me, personally, was not involved; that would have

been a higher level, but we had -- any operation on the

Northern Ireland side of the border which incorporated

farms or sheds straddling the border, the Republic of

Ireland Customs would be involved and they would always

have, probably, Garda back-up.

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Q. And if I can just address that point of how the operations 271

were planned. How far in advance were operations planned?

A. I, personally, myself, was not involved in 'Operation

Amazing', as it's known, and other than it was ongoing for

a considerable length of time in preparation.

Q. And, generally speaking, if you were to search properties 272

that straddled the border and you required assistance from

Irish Customs, how far in advance would the planning for

such operations take place?

A. Well, this all depends on the type of operation. If it was

a small operation, it might be just very quick, but I am

led to believe if you were doing a joint operation, it

would be known for a considerable amount of time.

Q. And that would also involve coordination with An Garda 273

Siochana?

A. That's correct, I understand that.

Q. And can you give the Chairman any assistance in relation to 274

how often searches or operations were frustrated, for

example, if you had information of premises being used and

you then searched those premises and they were empty, can

you recall - I know it's a long time ago - can you recall

the incidents of frustration?

A. Well, there is many a time that you prepared and went and

there was nothing in the sheds, and things like that, but

it all depends on the type of operation. If it was cattle,

they usually were on the move fairly quickly on the

smuggling side.

Q. And can you recall any incidents when you attended searches 275

along the border and they were frustrated?

A. Yes, you would be inclined to be a bit frustrated if there

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was nothing there, but that was the situation, that you had

to live with this from time to time.

Q. Did it happen more often than not in the south Armagh 276

border region?

A. No, it wasn't very -- it wasn't all that prevalent because

there was only certain operations that were carried out and

it might have took a long time to plan them and they were

usually successful.

Q. Now, you mentioned, earlier, that you would -- before 277

performing an operation, you would perform checks as to

what was the position along the border. Who would you

check with?

A. You would visit -- well, if you were going down, you would

visit the border and you would have a look at the various

crossings and you would get indications, then, of the

traffic movements in that particular area. And if it was

being used a lot or not used, or whatever, that would be an

indicator.

Q. And with whom would you speak regarding the position along 278

the border; is that local Customs officers or was it your

Irish Customs counterparts?

A. Well, if we were working on -- if we were working on

something, we would be working with the Republic of Ireland

SIB colleagues down there, and we would be visiting on our

side of the border, and no doubt they would be doing the

same.

Q. And can you assist, Witness M, did you attend any meetings 279

with Irish Customs south of the border?

A. Any meetings?

Q. Did you travel across the border to meet Irish Customs? 280

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A. Oh, yes, oh, yes.

Q. And how often did that take place? 281

A. It depended. It could be, if there was inquiries to be

made with other things going on, apart from the actual

border, as to imports/exports, and documentation had to be

checked in Northern Ireland on behalf of the Republic of

Ireland, they would come up under the Convention in reach

of assistance and they would be accompanied to the premises

and we would carry out checks in Northern Ireland, or vice

versa.

Q. And where were the meetings held in the south? 282

A. Any meetings we had in the Republic of Ireland would be

with the Special Investigation Branch in Dublin.

Q. And did you take any safety precautions when you travelled 283

over across the border?

A. Just the normal personal considerations at the time, of

what was happening. We went down to Dublin and did the

work and came back up again.

Q. And did you travel at short notice? 284

A. Yes, if the matter came to hand fairly quickly or our

colleagues in the south wanted something done urgently, if

there was cattle seized, a typical example, if cattle was

seized in Northern Ireland and they had an indication that

the cattle were -- had been illegally imported into the

south, we would do a quick check for them and then it would

be fully up to the FA as to the authentication of their

tags, et cetera, with cattle.

Q. And finally, Witness M, you mentioned that you were not 285

actually involved in 'Operation Amazing'. I wonder,

without mentioning any names, have you been able to provide

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names to the Tribunal, the Tribunal team?

A. No, I actually was involved in something else completely.

And this particular operation, 'Operation Amazing', as you

referred to, it was solely investigated by Glasgow, with

the assistance of our team in Belfast.

Q. And is it the position, then, that you are unable to 286

provide the names of the Customs civil servants that

operated from Glasgow?

A. From Belfast?

Q. No, from Glasgow? 287

A. From Glasgow - I am sure they could be contacted.

MR. ROBINSON: I have no further questions.

CHAIRMAN: Thank you. Anybody else with any questions?

Very good. I think that concludes the evidence. Thank you

very much, Witness M, thank you very much for coming to

give evidence. You have been very helpful to the Tribunal,

and we are very grateful to you. I think now,

Mrs. Laverty, you will be able to cut off the link between

Belfast and Dublin.

MRS. LAVERTY: Yes. Thank you, Chairperson.

CHAIRMAN: Yes. Good.

MR. O'CALLAGHAN: Chairman, could I just make one point

briefing arising from the evidence given by Witness M,

there.

CHAIRMAN: Yes.

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MR. O'CALLAGHAN: Sir, it's now apparent from the evidence

of Witness M and, indeed, the evidence of other witnesses

who have given evidence recently, that Mr. McBurney is

travelling the highways and byways of Northern Ireland

trying to recruit and coach witnesses for the purpose of

giving negative evidence about my client. I want to make

two or, possibly, three points in respect of that: First

of all, it's deeply regrettable that Mr. McBurney should

seek to be trying to get evidence and trying to mould

evidence, as is apparent from the evidence just given by

the witness, for the purpose of trying to frame my client,

and that is a strong term but I use it appropriately.

The objective of Mr. McBurney, as is the objective of

everyone here, should be to establish the truth. And

secondly, Mr. McBurney should be informed, because he is a

solicitor practicing outside the jurisdiction, that

although in this jurisdiction hearsay evidence and rumour

evidence is allowed to be given to Tribunals of Inquiry, a

Tribunal of Inquiry, as you will know, and submissions will

be made upon, cannot make findings in its report based on

rumour and hearsay. I think that is a point that should be

brought to Mr. McBurney's attention, and it may save him

some time in travelling around Northern Ireland.

Finally, we had been informed that Mr. Corrigan was to be

the last witness, and I presume we are not going to be

given more surprises as to other witnesses generated by

Mr. McBurney who come to give their evidence after

Mr. Corrigan finishes.

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It is a point I thought I should make, Chairman, it's a

relevant point from Mr. Corrigan's point of view, and it's

a matter I shall be addressing further in my submissions.

CHAIRMAN: Is there any observation to be made by

Mr. McBurney, if he wishes, about that?

MR. McBURNEY: I am obliged for the opportunity to speak on

the matter. These outrageous remarks by My Friend, I think

cannot go unchallenged. I have made no secret for a number

of years of the fact that I have tried my best to encourage

many witnesses from outside this jurisdiction to assist

this Tribunal in its endeavours. I have spoken to many who

have attended at the Tribunal. I have spoken to many who,

sadly, have not attended at this Tribunal, and I would

encourage them by this means, once again, to please do so.

I resent very much, and deeply, the allegation that I am

attempting to frame, as has been said, Detective Sergeant

Corrigan. I take that as a very serious remark. I ask for

it to be withdrawn or proved in some way. Because I do not

believe it is in any way sustainable.

I appreciate, Mr. Chairman, the opportunity to make these

remarks.

CHAIRMAN: Thank you very much. I think that,

Mr. O'Callaghan, you have been rather harsh in the

observation that Mr. McBurney was trying to organise

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witnesses to frame your client. He is perfectly entitled,

he appears for the family of one of the victims of the

particular incident. He appears for the family, and he is

very keen that all the truth should come out, and

encouraging people to give evidence is one aspect of that,

and I think he is perfectly entitled to do it. You are

perfectly entitled in due course, no doubt you will in your

submissions, make points about whether evidence has been --

is not to be relied on, but I think it's going too far, I

don't think you have any grounds for saying that he is

coaching witnesses in their evidence.

MR. O'CALLAGHAN: Perhaps I should explain why I said that,

sir: This witness initially said that he came to give

evidence to this Tribunal because of the Tribunal. I asked

him who contacted him. He never mentioned Mr. McBurney.

When I mentioned Mr. McBurney's name, he accepted that in

fact he had spoken to Mr. McBurney. I then asked him if

Mr. McBurney had spoken about Mr. Corrigan, and he accepted

that Mr. McBurney had spoken to him and had raised the

issue of Mr. Corrigan. I then asked him, crucially, about

the statement he makes at the end of his statement, where

he said that Alan Mains made it clear that Harry Breen did

not want to go to the meeting in Dundalk. I was surprised

that this witness was able to recall that, since it wasn't

in his diary. He said, in his evidence, that this was

something that was discussed with Mr. McBurney.

Now, it's a serious allegation, but I don't stand down from

it. And Mr. McBurney has to recognise, that if he is going

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to try and get people to give evidence here, that he should

not go to them and start raising issues which are negative

to my client, with them. They should come here of their

own accord to give honest and truthful evidence, and he

doesn't need to prompt them to give evidence that is

negative to my client.

MR. McBURNEY: Perhaps, Mr. Chairman, if I could just have

a very brief right of response on that aspect.

CHAIRMAN: Yes.

MR. McBURNEY: I contacted Mr. [Redacted] having inquired

from the Tribunal, and I apologise, Mr. Chairman, I

shouldn't have mentioned the name.

CHAIRMAN: We will pass over that.

MR. McBURNEY: I contacted this witness because of, and you

will understand my dilemma in mentioning the name, because,

in fact, he is mentioned in a statement made by Mr. Mains

48 hours or thereabouts after the murder of Mr. Breen and

Mr. Buchanan. And I checked if he had thus far been

contacted, and I believed at that point that he had not. I

then made contact with him through contact details supplied

to me by an official in Northern Ireland, and I explained

the relevancy of his potential evidence by making reference

to that statement. Now, that statement contained within

it, having been made two days after the murder of the two

men, Sergeant Mains said in his statement that he had been

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tasked to contact Customs and Excise and then the gentleman

is named, and then it says "This I did." And I said to

him, "You are named in a statement by Detective Sergeant

Mains, made shortly after the murders." And in that

context, I explained to this gentleman how he could be

relevant. He then said, "The Tribunal is investigating

Garda," and I named not only Detective Sergeant Corrigan

but I named the other Sergeants who are also represented at

the Tribunal, and in fact, I named two or three other Garda

officers' names as well who have given evidence at the

Tribunal. And I said, "If you have any matters touching

upon the terms or reference of the Tribunal, will you

please speak to the Tribunal lawyers." And I then arranged

for two Tribunal lawyers to meet with this gentleman and,

sadly, the other gentleman who hasn't yet agreed to give

evidence. And it's as simple as that. And I discussed,

certainly, the content of Sergeant Mains' statement, which

was made shortly after the murders, and I make no apology,

Mr. Chairman, to Mr. O'Callaghan or anyone else, for so

doing. I appreciate the time.

CHAIRMAN: I think that that is perfectly legitimate, in my

view, and I think that it's perfectly correct that

Mr. McBurney should have done that, drawn the attention of

the witness to the facts, and I don't think that amounts to

coaching or telling him what to say in evidence. I don't

think it needs to be discussed any further, so I think we

will leave it at that.

MR. HAYES: It's very close to 1:00, but what remains for

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me to do today is only going to take certainly less than

ten minutes, and I wonder...

CHAIRMAN: Do you want to do that now?

MR. HAYES: I think if it were convenient. What I might

also say, and obviously Mr. McBurney is well able to speak

on his own behalf, as he has done, but I might just point

out that there were a number of witnesses who reside in

Northern Ireland who had no interest in speaking to us as

your lawyers until Mr. McBurney acted as an intermediary

and persuaded them they should do so, and some of them were

witnesses who gave evidence entirely unrelated to

Mr. Corrigan.

But what remains, Chairman, to be done is, there was, on

the 5th of April 1989, there was a meeting of the

Anglo-Irish Inter-Governmental Conference in Belfast. Part

of that, there was a discussion on security matters, and

there was a note made by an official from the Department of

Foreign Affairs, which records in some detail what was

discussed. This was, obviously, just very slightly more

than a fortnight after the murders of Breen and Buchanan,

and needless to say, a portion of that discussion concerned

those murders and have some relevance, therefore, to what

you are investigating.

If I might just, by putting it slightly in context, Gerry

Collins gave evidence to you on Day 32, which was the 13th

of September, and in the course of that he gave some

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description of the process of these meetings. And he was

examined in the first instance by Mrs. Laverty at page 39,

and at question 131 he was asked:-

"Question: And these must have been -- as a result of all

of these cross-border matters you would have had a lot of

interaction with your peers north of the border?

Answer: But certainly there was an established schedule of

procedures at the time which we would communicate, but more

particularly so after the establishment of the Anglo Irish

Agreement. After that agreement then, with the conference,

we had set procedures. We would meet regularly with the

Secretary of State for Northern Ireland and sometimes with

the Home Secretary in the UK.

Question: And who would be at those meetings?

Answer: And our side the Minister, the Secretary General

of the Department of Justice, the Garda Commissioner, the

Minister For Foreign Affairs; and on the northern side or

on the British side it was the Secretary of State for

Northern Ireland and the Chief Constable of the RUC and a

whole host of officials as well.

Question: And how often would you meet at these

inter-governmental meetings?

Answer: Normally every two to three months. We would have

meetings in Belfast, meetings in London, meetings in

Dublin. Sometimes in special circumstances we would have

more frequent meetings.

Question: You mentioned that the Chief Constable of the

RUC would be there from the North?" And he confirmed that.

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He was asked:-

"Question: And I take it that you would have a very good

relationship with Sir John Hermon, now deceased, is that

correct?

Answer: The relationship from our side with Sir Jack

Hermon and the Northern Ireland Police Force was primarily

through the Garda Commissioner. The system of operation

was that, firstly before meetings there would be a

political meeting just between Ministers on both sides.

The length of these meetings depended on the agenda that

would have been there at the particular time. The second

stage would be meetings dealing specifically with security

matters. At these meetings you would have the Secretary of

State Northern Ireland and his deputies, and the Chief

Constable; on our side the Garda Commissioner and the

Ministers from our side and the Director General of the

Department. And the final session would have been the full

team on both sides with the appropriate officials.

Question: Were these discussions when it came to security,

were they frank, were they thorough?

Answer: Very much so, believe me, very much so. No holds

barred. Very delicate issues nearly at all meetings."

And that was just slightly further amplified when

Mr. Durack cross-examined him. And he said:-

"Answer: If there was a suspicion held within the Ulster

Constabulary that a mole existed in a very sensitive

station for us, which Dundalk was, well, then if they

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believed that and if they held that view, then obviously

the matter would have been raised immediately and at the

highest level; it would have been raised at the

Commissioner level and at Ministerial level. As

Mrs. Laverty said earlier on, when we had the meetings

dealing with security, that would have been a big issue for

that sort of meeting. As I said, these meetings were no

holds barred, you know; the truth had to be dealt with no

matter how nasty at times.

Question: But no such issue was ever raised?

Answer: Never, ever."

Then on the -- on this meeting, and the note is -- first of

all, it was -- it's marked "Secret", and the permission was

sought from the Department of Justice to use this in open

session. That was readily granted, Chairman.

It's headed: "Meeting of the Anglo-Irish

Inter-Governmental Conference, Belfast, 5th April 1989."

And it's entitled: "A note of discussion on cross-border

security cooperation."

It notes that the restricted session on cross-border

security cooperation commenced at approximately 12:25 p.m.,

immediately after the first stage of the plenary session,

and it finished about 1:50 p.m.. It was attended on the

Irish side by the Tanaiste and the Minister for Foreign

Affairs, the late Mr. Lenihan; the Minister for Justice

Mr. Collins; the Secretary General of the Department of

Justice; the Garda Commissioner Mr. Crowley, and an

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official from the Department of Foreign Affairs who was in

the secretariat in Maryfield.

On the British side were Secretary of State, Mr. King; the

Minister of State, Mr. Ian Stewart; the Chief Constable,

Sir John Hermon; the Deputy Secretary of the Northern

Ireland Office and an NIO official from the secretariat in

Maryfield.

Just, I suppose, by way of a health warning it notes:

"The following note which is in the form of direct speech

does not purport to be a verbatim record and nor is it

necessarily exhaustive of all the exchanges."

Initially, at the beginning of the meeting, the Chief

Constable and the Commissioner were engaged elsewhere and

they missed the first short period of the meeting. And I

think they then joined the meeting shortly into it, and it

is noted, Chairman, after they had joined, Mr. Collins is

noted as having said:-

"The murder of Chief Superintendent Breen and

Superintendent Buchanan shocked us all. Not just because

of the human tragedy involved, but also because of the

propaganda value such an incident gives to the IRA. And I

would like to ask the Chief Constable to convey our

sympathies to the families of the two men and also to their

colleagues in the RUC. We have all been deeply shocked by

the incident. I think now that one of the objectives is to

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ensure that every step that we can take to prevent a

recurrence, is taken. I am aware that at the weekend

Deputy Commissioner Culligan will be meeting his opposite

number in the RUC to work out ways and means of improving

security in these matters. I think that is very

necessary."

"MR. KING: I am very grateful for what you have said. I

know the Chief Constable also appreciates your remarks.

What was so shocking about this was that it was a blatant

and very obvious attack on our cooperation, our working

together. It was a deliberate attack on our two countries,

and in the face of that I think the only response is we can

cannot possibly stand back from it.

"MR. COLLINS: No, I absolutely agree. The meetings must

go on. Although, I think we have to be more careful about

how we do things, but that is a matter that no doubt will

be looked at by the Assistant Chief Constable and

Mr. Culligan next weekend.

"CHIEF CONSTABLE: We have already taken certain steps, but

until we complete our full analysis of the incident we will

not be able to assess the full implications for all our

meetings, which are occurring at three different levels:

You have the Uniform Branch of the police, the CID and the

Special Branch.

"MR. KING: I think the killings brought out very clearly

the determination of the IRA to smash this kind of

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cooperation. Another aspect is the sectarian element

involved in the story that was put out afterwards about a

Garda mole. I think this was dealt with very strongly by

the Chief Constable immediately after the thing was first

publicised.

"TANAISTE: Yes, and I think that was very important

indeed.

"MR. KING: I made it clear myself that there was

absolutely no justification for such a story, but I think

it is very typical of the forces that [sic] our work in all

of these matters. Their first inclination is to seek out

these sort of things and try and work them into the

headlines.

"MR. COLLINS: I think that, unfortunately, we can all get

into a certain pattern of action and complacency can set

in. I have asked the Commissioner to see whether there was

scope whereby the IRA could have monitored movements, and

having pressed on him the need to avoid any pattern of

activity.

"CHIEF CONSTABLE: I think that with one of the men who was

killed, there was a certain faith dimension involved

because of his religious persuasion.

"MR. KING: The media stories in the immediate aftermath

also had a terrible flavour of trying to categorise the

thing in terms of which side of the border the killers were

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from.

"MR. COLLINS: I thought that it was acknowledged that this

was something carried out by the Crossmaglen Active Service

Unit of the IRA. One of the things I think we should look

at is that there was a delay of about 25 minutes before the

Gardaí were notified. Perhaps if they had been told

sooner, it might have been possible to establish roadblocks

to prevent the getaway, but this is something we can look

at. I think it was reported that the shooting took place

somewhere between 3:25 and 3:50. But it was at least 4:15

before the Gardaí at Dromad and Dundalk were told. Now, I

am not making any particular point of that, but I think

it's a factor that we might focus on."

The Chief Constable, and he is noted as to be reading from

what appeared to be an internal police report on the

incident, said: "It says here that it was 4:04 when an

emergency 999 call was made to Rathcarr Police Station, and

at 4:22 the ambulance reported that two men were shot dead.

I will certainly take up the point you make and I will let

the Commissioner know when I have checked it out.

"MR. COLLINS: In my view, we have an example of the best

cooperation that has ever occurred between the two forces

in trying to deal with the after-effects of these horrific

killings. Now, I'd like to have that fact formally

recorded, and to thank the Garda Commissioner and the Chief

Constable for the way in which they have approached this.

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"CHIEF CONSTABLE: As far as I am concerned, cooperation

could not be better between the two forces, and the Garda

put every facility at our disposal in relation to this

particular event. I have nothing but the highest

admiration and appreciation for them for what they have

done.

"MR. COLLINS: I am very grateful to the Chief Constable

for that. I think it is right that the meetings should go

on. We must have this kind of cooperation, for all the

reasons that bring us together around this table.

"MR. KING: These killings reinforce the need for that kind

of cooperation and for these meetings.

"MR. COLLINS: The Commissioner and I intend to get

together sometime next week after the meeting next Saturday

between the two Deputies, and the Commissioner will be

briefing me fully on the outcome of that. My intention is

to ensure that everything possible is being done to provide

the maximum protection for those travelling northwards and

southwards, as the case may be. But there are one or two

related matters arising out of that event; one is the

question of the documentation that the IRA may have got.

Could the Chief Constable tell us anything about that? How

serious was it?

"CHIEF CONSTABLE: I think we can be reassured that there

was no important documentation in their possession. We are

satisfied that all the IRA got was the diaries of the two

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men. We have been trying to piece together what might have

been in the diaries, and one of the things we did was to

look at both men's diaries for last year. It has given us

a good idea of what was involved. The only thing in those

diaries were lists of telephone numbers of contacts, mainly

in Northern Ireland. I think this is especially so in the

case of Chief Superintendent Breen. I think we have a fair

idea of what was in his diary, we are checking this out

with people in the North, some of the contacts involved,

but they were mainly in the army and police.

"MR. COLLINS: I think I am right in saying that the main

purpose of that tragic meeting was in fact the bother that

we have been having with the rail link that is a serious

problem there. I think one of the unfortunate things about

that meeting, were that if the south Armagh area were a

safer area for the police, these men might not have gone by

the Jonesboro route. Perhaps the Chief Constable and the

Commissioner could give us a general assessment of the

whole Killeen area in policing terms. There is also the

question of the rail link and what we can do ourselves to

ensure it is kept open. Perhaps one of the lessons is to

encourage greater use of the main roads.

"COMMISSIONER: We have been looking at our policing effort

in this whole area in relation to the railway line and the

fact that we patrol right up to the border, Kilnasaggart,

where we link up with the RUC. So we are already doing as

much as we can in policing terms on our side."

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That then, Chairman, is the discussion insofar as it

related to these murders. The conversation or the meeting

went on and is recorded for a further dozen or so, another

17 pages, relating to other security matters that don't

concern you. But what I suppose I can say is, that at

no -- other than the brief reference to the issue of a

mole, that I have read out, there is no further discussion

of that issue at the meeting on the 5th of April.

CHAIRMAN: Thank you very much.

MR. HAYES: I think that then concludes today, and the next

sitting is scheduled, as I understand it, for next Tuesday.

CHAIRMAN: Yes. And I don't think any other witness is

likely to appear before next Tuesday, Mr. O'Callaghan. So,

that is it, then, until Tuesday next at 11 o'clock. Thank

you very much.

THE TRIBUNAL THEN ADJOURNED TO TUESDAY, 19TH OF JUNE, 2012,

AT 11 A.M..

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''12 [1] - 40:4'80s [1] - 10:14'88 [3] - 23:21, 35:27,

39:27'Operation [14] - 10:1,

10:2, 10:4, 20:22, 21:9, 21:19, 22:4, 30:6, 31:2, 34:13, 39:21, 57:3, 59:29, 60:3

'Owen [1] - 42:17'Slab' [7] - 11:13, 12:20,

18:28, 19:15, 21:7, 49:5, 54:1

00001 [1] - 13:2

11 [2] - 14:1, 14:610th [1] - 35:2711 [3] - 1:1, 76:17, 76:211200 [1] - 13:312:25 [1] - 69:2412th [1] - 23:21131 [1] - 67:313th [1] - 66:2914K [1] - 12:2914TH [1] - 1:114th [2] - 18:20, 19:2315th [1] - 18:2116th [2] - 19:13, 19:2017 [1] - 76:41974 [2] - 2:8, 2:121978 [3] - 8:26, 49:3,

49:161985 [1] - 32:251988 [14] - 2:30, 10:20,

23:8, 23:15, 23:22, 24:11, 32:4, 34:1, 35:9, 35:14, 36:19, 44:20, 45:13, 46:24

1989 [13] - 11:18, 13:4, 18:30, 21:22, 25:20, 25:22, 31:4, 42:25, 42:27, 42:30, 43:29, 66:17, 69:19

19:40 [1] - 24:2319TH [1] - 76:201:00 [1] - 65:301:50 [1] - 69:261st [3] - 8:26, 13:3, 14:2

22 [1] - 35:720 [1] - 23:122012 [3] - 1:1, 40:20,

76:2020th [8] - 20:3, 28:30,

29:3, 29:10, 30:19, 30:22, 30:25

21st [11] - 9:17, 10:28, 10:30, 23:21, 24:11, 27:15, 28:18, 28:19, 36:19, 39:26, 44:20

23rd [8] - 20:20, 21:27, 21:30, 22:1, 22:6, 22:15, 22:17, 22:21

24 [6] - 38:13, 39:19, 40:6, 41:26, 42:12, 43:24

24th [10] - 18:30, 19:9, 40:4, 40:20, 40:23, 41:4, 41:23, 42:18, 42:19

25 [1] - 73:627 [1] - 14:2327th [2] - 13:3, 21:3028 [1] - 12:2728th [6] - 25:17, 42:24,

42:26, 42:27, 43:3, 43:429th [4] - 43:1, 43:2, 43:5,

43:282nd [1] - 14:5

332 [1] - 66:2939 [7] - 34:6, 35:14, 43:8,

43:10, 43:19, 43:20, 67:2

3:25 [1] - 73:113:50 [1] - 73:113rd [1] - 19:10

448 [1] - 64:224:04 [1] - 73:184:15 [1] - 73:114:22 [1] - 73:20

556 [1] - 19:158 [1] - 12:65th [12] - 14:7, 34:1, 34:3,

35:9, 35:13, 35:26, 40:4, 40:23, 41:4, 66:17, 69:19, 76:8

660-hour [1] - 12:286th [4] - 11:18, 14:21,

29:8, 29:13

77th [5] - 11:29, 12:24,

18:20, 18:22, 19:13

88th [1] - 12:25

9999 [1] - 73:19

AA.M [1] - 1:1A.M. [1] - 76:21able [11] - 6:20, 8:2,

16:17, 38:13, 53:22, 55:17, 59:30, 60:19, 63:25, 66:7, 71:24

absolutely [4] - 6:4, 36:20, 71:16, 72:11

ACC [4] - 19:2, 19:8, 19:15, 19:17

accepted [2] - 63:17, 63:19

accompanied [2] - 19:26, 59:8

accord [1] - 64:4according [1] - 20:4account [1] - 4:12achieve [4] - 15:25,

16:29, 17:2, 17:28acknowledged [1] - 73:3act [1] - 51:22Act [1] - 55:9acted [1] - 66:11acting [2] - 28:4, 28:8action [3] - 14:10, 48:10,

72:18active [1] - 49:19Active [1] - 73:4actively [1] - 5:5activities [10] - 30:13,

49:9, 49:17, 49:21, 50:1, 50:11, 50:12, 51:24, 53:30, 54:1

activity [9] - 9:25, 9:29, 30:16, 49:23, 54:5, 54:8, 56:13, 56:14, 72:22

actual [4] - 29:1, 30:4, 30:9, 59:4

add [1] - 13:6additional [1] - 14:14address [1] - 57:1addressed [1] - 12:14addresses [1] - 14:6addressing [1] - 62:4ADJOURNED [1] - 76:20admiration [1] - 74:5admissions [1] - 53:18advance [4] - 7:4, 9:27,

57:2, 57:8advice [1] - 13:26advised [4] - 16:3, 20:20,

42:22, 55:15advising [1] - 33:19affairs [1] - 53:29Affairs [4] - 66:21, 67:18,

69:28, 70:1afraid [1] - 21:29after-effects [1] - 73:26aftermath [1] - 72:28afternoon [1] - 35:2afterwards [2] - 9:27,

72:2agencies [1] - 6:27agenda [1] - 68:11agent [1] - 22:28agitation [1] - 11:23ago [5] - 38:1, 41:26,

42:12, 43:24, 57:21agree [3] - 35:23, 36:7,

71:16agreeable [2] - 36:16,

41:12agreed [1] - 65:15Agreement [1] - 67:11agreement [1] - 67:11Agriculture [2] - 4:12,

6:13ahead [1] - 26:18Alan [12] - 25:24, 25:29,

26:5, 26:8, 43:8, 43:24, 43:29, 44:4, 44:8, 44:21, 44:26, 63:23

all-round [1] - 17:26allay [1] - 18:13allegation [2] - 62:19,

63:29allegations [2] - 22:26alleged [10] - 12:28, 13:7,

13:11, 22:5, 23:14, 33:9, 37:7, 50:11, 51:19, 53:30

allegedly [4] - 23:4, 23:25, 24:6, 44:21

allocated [2] - 31:8, 31:20allowed [4] - 7:27, 15:28,

56:9, 61:19amazing [1] - 10:11Amazing' [14] - 10:1,

10:2, 10:4, 20:22, 21:10, 21:19, 22:4, 30:7, 31:2, 34:13, 39:21, 57:4, 59:29, 60:3

ambulance [1] - 73:20amount [2] - 15:22, 57:13amounts [3] - 3:1, 17:21,

65:25amplified [1] - 68:25analysis [1] - 71:23and.. [1] - 7:4ands [1] - 13:7Anglo [3] - 66:18, 67:10,

69:18Anglo-Irish [2] - 66:18,

69:18animal [5] - 3:10, 3:18,

4:1, 4:10animals [1] - 3:21annoyance [1] - 11:23answer [5] - 26:24, 31:29,

39:23, 39:25, 45:29Answer [7] - 67:8, 67:16,

67:24, 68:6, 68:22, 68:28, 69:11

answered [1] - 13:15anti [2] - 2:25, 54:8anti-smuggling [2] -

2:25, 54:8anticipation [1] - 28:26anything" [1] - 25:13anyway [3] - 16:14, 17:4,

43:5apart [2] - 51:14, 59:4apologise [1] - 64:14apology [1] - 65:18apparent [3] - 54:4, 61:2,

61:11appear [6] - 27:5, 35:4,

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47:10, 53:17, 55:1, 76:16

appeared [1] - 73:17applicable [2] - 21:5,

21:10apply [3] - 8:4, 9:5, 16:7appointment [4] - 27:18,

27:20, 28:3, 28:4appreciate [2] - 62:25,

65:20appreciates [1] - 71:9appreciation [2] - 55:11,

74:5apprise [1] - 16:9apprised [1] - 20:9approach [1] - 40:7approached [2] - 40:14,

73:29approaching [1] - 14:30appropriate [1] - 68:19appropriately [1] - 61:13April [3] - 66:17, 69:19,

76:8area [19] - 9:25, 9:30,

15:10, 20:1, 47:25, 47:26, 50:13, 51:20, 51:24, 52:16, 53:29, 55:13, 55:22, 56:12, 58:16, 75:16, 75:17, 75:20, 75:26

areas [3] - 11:28, 48:5, 50:13

arising [3] - 15:15, 60:27, 74:23

Armagh [30] - 8:8, 9:13, 10:21, 10:28, 11:5, 11:28, 12:21, 19:15, 19:16, 27:25, 27:27, 27:30, 34:11, 35:8, 43:7, 43:19, 44:1, 47:25, 50:15, 51:19, 52:16, 52:28, 53:2, 53:29, 56:15, 56:16, 56:24, 58:3, 75:16

armed [1] - 16:13arms [1] - 16:4army [3] - 11:20, 19:18,

75:10arranged [7] - 27:15,

27:24, 28:29, 30:29, 32:4, 32:7, 65:13

arrangements [1] - 9:3arranging [1] - 28:19arrest [2] - 22:13, 31:7arrested [6] - 22:6, 22:7,

31:3, 31:6, 31:16, 31:27arrests [1] - 21:21AS [6] - 1:2, 2:2, 27:2,

34:29, 47:8, 54:28aspect [3] - 63:5, 64:9,

72:1aspects [1] - 53:19assassinate [1] - 16:24assaulted [2] - 8:20, 49:6assess [2] - 18:3, 71:24assessment [1] - 75:19assist [5] - 40:7, 40:26,

55:10, 58:27, 62:13

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assistance [10] - 7:4, 48:27, 50:27, 51:2, 53:7, 55:9, 57:7, 57:17, 59:8, 60:5

Assistant [1] - 71:19assisted [1] - 10:6assisting [1] - 40:15associates [1] - 54:9assume [1] - 30:6assuming [1] - 28:30AT [2] - 1:1, 76:21attack [2] - 71:11, 71:12attempting [1] - 62:20attempts [1] - 13:20attend [2] - 20:8, 58:27attendance [1] - 23:12attended [9] - 11:18,

19:16, 19:17, 25:23, 32:9, 57:28, 62:15, 62:16, 69:26

attention [7] - 15:30, 25:4, 25:6, 44:25, 56:19, 61:23, 65:24

authentication [1] - 59:26authorities [4] - 16:8,

16:22, 29:14, 30:15available [3] - 28:6, 41:1,

41:11average [2] - 52:15, 52:17avoid [1] - 72:21avoided [3] - 23:16,

33:21, 52:20aware [19] - 9:26, 11:15,

13:18, 22:20, 22:25, 29:11, 29:24, 30:17, 31:6, 32:21, 32:24, 32:29, 32:30, 33:14, 33:15, 33:17, 40:17, 53:15, 71:2

Bback-up [3] - 6:27, 9:4,

56:30backwards [1] - 7:23bald [1] - 13:4Ballybinaby [2] - 8:17,

8:18barred [2] - 68:23, 69:8Barry [12] - 36:24, 37:3,

37:4, 37:15, 37:17, 37:30, 38:7, 38:24, 38:27, 39:3, 41:27, 44:19

based [2] - 27:30, 61:21basis [3] - 7:16, 48:14bearing [1] - 4:21beast [3] - 3:9, 5:19,

52:22became [3] - 7:1, 9:26,

17:18become [1] - 4:3BEEN [1] - 2:1beginning [1] - 70:16behalf [5] - 28:4, 28:8,

55:1, 59:6, 66:8behind [1] - 14:9Belfast [14] - 1:5, 2:12,

2:25, 12:15, 21:17, 24:23, 28:1, 28:2, 60:5, 60:9, 60:20, 66:18, 67:25, 69:19

belief [3] - 49:8, 49:15Bessbrook [1] - 14:2best [3] - 55:10, 62:12,

73:24better [2] - 4:10, 74:2between [15] - 2:10, 7:8,

13:2, 17:15, 22:27, 39:26, 50:28, 51:1, 52:24, 60:19, 68:10, 73:11, 73:25, 74:2, 74:18

beyond [1] - 14:11big [9] - 3:2, 4:26, 6:2,

6:3, 6:6, 15:26, 17:18, 69:6

bit [2] - 3:18, 57:30blank [1] - 12:19blatant [1] - 71:10board [2] - 52:11Bob [4] - 9:6, 9:12, 15:12,

25:17bombing [1] - 32:24book [1] - 4:11books [1] - 3:23border [57] - 3:10, 3:12,

3:13, 4:4, 4:15, 5:6, 5:9, 7:3, 7:14, 7:20, 7:21, 7:29, 8:1, 8:2, 8:29, 15:22, 22:9, 26:21, 30:17, 45:15, 47:25, 47:30, 48:5, 48:6, 48:8, 49:10, 49:22, 49:26, 51:8, 54:5, 55:13, 55:22, 55:29, 56:4, 56:6, 56:13, 56:21, 56:24, 56:27, 56:28, 57:7, 57:29, 58:4, 58:11, 58:14, 58:20, 58:25, 58:28, 58:30, 59:5, 59:15, 67:6, 67:7, 69:20, 69:23, 72:30, 75:27

boss [5] - 15:18, 24:22, 33:11, 33:15, 33:17

bosses [1] - 2:20bother [1] - 75:13boundary [4] - 48:2,

48:29, 51:9Branch [11] - 7:11, 7:12,

10:24, 18:16, 20:4, 20:19, 33:23, 46:5, 59:13, 71:26, 71:27

break [1] - 39:24Breen [59] - 9:6, 9:8, 9:13,

9:17, 9:23, 11:17, 11:18, 14:24, 15:12, 19:5, 19:10, 19:11, 19:19, 25:17, 26:5, 26:10, 27:11, 27:15, 27:25, 28:5, 28:24, 29:3, 29:5, 29:6, 29:9, 30:20, 30:24, 30:28, 33:30, 34:6, 34:21, 35:14, 35:17, 35:27,

36:3, 36:9, 43:9, 43:11, 43:17, 43:19, 43:25, 43:29, 43:30, 44:2, 44:4, 44:9, 44:22, 55:2, 55:3, 55:5, 55:6, 55:12, 63:23, 64:22, 66:23, 70:23, 75:7

Breen's [1] - 25:26brief [3] - 54:23, 64:9,

76:6briefed [1] - 15:30briefing [3] - 19:16,

60:27, 74:19briefly [1] - 43:8bring [3] - 4:30, 24:14,

74:11bringing [3] - 4:19, 5:3,

31:26British [5] - 2:15, 2:17,

47:12, 67:19, 70:4brought [8] - 3:12, 5:24,

11:23, 46:9, 46:11, 46:13, 61:23, 71:29

Buchanan [10] - 9:7, 9:12, 11:16, 15:12, 19:26, 25:17, 27:10, 64:23, 66:23, 70:24

Buchanan's [1] - 19:14bucket [1] - 3:29build [2] - 11:10, 11:11build-up [2] - 11:10,

11:11building [4] - 11:12,

23:30, 31:23, 36:26burst [1] - 8:24business [3] - 4:26, 6:26,

13:19buy [1] - 6:20BY [5] - 2:1, 27:1, 34:29,

47:8, 54:28byways [1] - 61:5

CC&E [1] - 19:2camouflaged [1] - 3:25cancelled [1] - 11:8cannot [3] - 61:21, 62:11,

71:14canteen [1] - 32:28canvassed [1] - 15:13car [9] - 4:29, 5:30, 6:17,

6:19, 6:24, 8:3, 8:14, 19:29

career [3] - 2:5, 8:28, 53:9careful [3] - 39:10, 46:20,

71:17carried [3] - 10:23, 58:6,

73:4carry [5] - 7:27, 16:18,

54:4, 55:8, 59:9carrying [2] - 16:4, 16:24cars [4] - 6:16, 6:20, 48:1,

48:6case [6] - 3:11, 51:25,

51:29, 52:25, 74:22, 75:7

cases [2] - 5:8, 52:6

Castle [1] - 11:19catch [1] - 47:18categorise [1] - 72:29cattle [20] - 3:7, 3:12,

3:13, 4:3, 4:5, 4:9, 5:3, 5:19, 5:22, 5:28, 6:7, 52:19, 52:23, 56:17, 57:25, 59:22, 59:24, 59:27

cell [1] - 14:2certain [8] - 10:7, 15:22,

37:7, 37:9, 58:6, 71:22, 72:18, 72:25

certainly [10] - 14:14, 15:24, 17:6, 19:29, 21:19, 21:28, 65:17, 66:1, 67:8, 73:21

cetera [6] - 2:25, 15:4, 21:9, 45:17, 48:27, 59:27

Chairman [27] - 1:4, 1:11, 1:13, 2:6, 8:12, 21:26, 24:8, 24:10, 26:29, 29:6, 29:12, 33:25, 34:2, 47:6, 55:21, 55:28, 57:17, 60:26, 62:2, 62:25, 64:8, 64:14, 65:19, 66:16, 69:16, 70:20, 76:1

CHAIRMAN [20] - 1:9, 1:17, 1:22, 26:27, 34:27, 47:4, 48:20, 54:21, 54:26, 60:14, 60:24, 60:30, 62:6, 62:28, 64:11, 64:17, 65:22, 66:4, 76:10, 76:15

Chairperson [1] - 60:22change [1] - 2:30changed [2] - 5:25, 17:19chap [1] - 31:8charge [6] - 6:23, 9:13,

31:16, 31:18, 32:2, 54:15

charged [3] - 5:20, 31:28, 32:2

charges [1] - 31:26chat [1] - 20:7check [2] - 58:12, 59:25checked [8] - 38:17,

42:19, 42:20, 45:16, 51:26, 59:6, 64:23, 73:22

checking [2] - 41:7, 75:8checks [2] - 58:10, 59:9Chief [32] - 11:16, 12:1,

14:17, 15:11, 19:3, 19:18, 27:10, 27:15, 30:11, 34:5, 34:21, 55:2, 55:3, 55:5, 55:11, 67:20, 67:28, 68:15, 70:5, 70:16, 70:23, 70:27, 71:9, 71:19, 72:4, 73:16, 73:28, 74:8, 74:25, 75:7, 75:18

CHIEF [4] - 71:22, 72:24, 74:1, 74:28

Christmas [1] - 23:11

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

2

CID [6] - 34:6, 35:15, 35:18, 35:28, 36:4, 71:26

cipher [2] - 1:17, 14:23circumstances [1] -

67:26civil [6] - 2:15, 2:17, 2:18,

47:13, 60:7clear [6] - 26:9, 43:11,

43:16, 51:16, 63:23, 72:10

clearly [2] - 44:14, 71:29clicked [1] - 42:3client [5] - 61:7, 61:12,

63:1, 64:3, 64:6close [3] - 3:30, 7:5,

65:30closely [1] - 7:13closer [2] - 24:13, 24:14coach [1] - 61:6coaching [2] - 63:11,

65:26Coffey [1] - 48:20COFFEY [10] - 47:6, 47:8,

47:10, 47:23, 48:18, 48:25, 52:5, 53:2, 53:15, 54:17

collated [1] - 14:1colleague [10] - 18:11,

20:8, 20:21, 23:3, 23:12, 23:24, 23:29, 32:18, 33:12, 33:20

colleague's [1] - 22:17colleagues [8] - 9:24,

17:27, 20:29, 29:8, 51:1, 58:24, 59:21, 70:29

collecting [1] - 17:27collection [1] - 2:23COLLINS [7] - 71:16,

72:17, 73:3, 73:24, 74:8, 74:16, 75:12

Collins [6] - 53:10, 53:13, 53:22, 66:29, 69:29, 70:20

colluded [1] - 27:9collusion [1] - 22:26Colonel [1] - 11:21coloured [1] - 13:23Colton [2] - 47:11, 47:20coming [7] - 4:23, 5:28,

8:19, 14:25, 52:6, 56:5, 60:16

command [1] - 12:2Commander [1] - 19:4commence [1] - 1:4commenced [1] - 69:24comment [7] - 33:4, 33:6,

44:23, 44:24, 44:27, 44:29, 53:20

comments [1] - 46:23COMMISSIONER [1] -

75:25Commissioner [13] -

67:17, 68:8, 68:16, 69:4, 69:30, 70:17, 71:3, 72:19, 73:22, 73:28, 74:16, 74:18,

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75:19common [2] - 50:8, 51:20commonly [1] - 8:18communicate [1] - 67:9communication [1] -

40:25compensation [3] - 3:1,

17:21, 17:22complacency [1] - 72:18complete [1] - 71:23completely [2] - 13:2,

60:2complicated [1] - 52:10computer [1] - 14:4concentration [1] - 42:8concern [3] - 14:20, 15:9,

76:5concerned [12] - 21:8,

25:15, 30:16, 31:8, 32:22, 35:26, 37:12, 37:14, 47:1, 55:6, 66:24, 74:1

concerning [1] - 53:19concerns [3] - 16:1,

18:13, 20:15concerted [1] - 13:20concludes [2] - 60:15,

76:12conduct [1] - 19:17conducting [1] - 13:18Conference [2] - 66:18,

69:19conference [1] - 67:11confessed [1] - 53:10confessions [1] - 53:17confine [1] - 50:15confined [1] - 4:5confirm [3] - 13:6, 31:12,

31:15confirmation [1] - 36:20confirmed [1] - 67:29conflict [1] - 56:6connection [2] - 34:13,

48:16connections [1] - 7:5Connolly [25] - 23:20,

36:24, 37:3, 37:4, 37:15, 37:17, 37:27, 37:30, 38:7, 38:9, 38:18, 38:19, 38:21, 38:24, 38:27, 39:1, 39:3, 39:8, 41:27, 42:21, 43:7, 44:19, 44:24, 45:26, 46:29

conscious [1] - 55:14consensus [1] - 29:16considerable [4] - 14:13,

17:1, 57:5, 57:13considerations [1] -

59:16considered [2] - 15:29,

16:12consist [1] - 12:7CONSTABLE [4] - 71:22,

72:24, 74:1, 74:28Constable [17] - 12:1,

19:3, 30:12, 67:20, 67:28, 68:16, 70:5,

70:17, 70:27, 71:9, 71:19, 72:4, 73:16, 73:29, 74:8, 74:25, 75:18

Constable's [1] - 14:17Constabulary [1] - 68:29constantly [1] - 48:30contact [22] - 9:12, 23:16,

23:30, 28:6, 31:24, 33:21, 37:25, 40:25, 40:29, 41:3, 41:6, 41:7, 41:8, 44:15, 46:21, 48:11, 48:13, 48:26, 64:25, 65:1

contacted [5] - 60:11, 63:16, 64:13, 64:19, 64:24

contacts [2] - 75:5, 75:9contained [1] - 64:28content [2] - 13:6, 65:17context [7] - 13:17, 24:2,

25:5, 46:26, 55:21, 65:5, 66:28

continued [1] - 21:19contrary [1] - 53:27control [1] - 4:10convenient [1] - 66:6Convention [1] - 59:7conversation [13] -

25:14, 26:10, 36:13, 36:17, 36:29, 37:13, 38:11, 41:2, 41:13, 42:22, 43:21, 47:1, 76:2

conversed [1] - 34:5Conversed [1] - 34:5convey [1] - 70:27cooperation [10] - 10:23,

14:14, 69:21, 69:24, 71:11, 72:1, 73:25, 74:1, 74:10, 74:14

coordination [1] - 57:14copied [1] - 14:17copies [2] - 21:1, 21:4copy [1] - 12:5correct [52] - 2:5, 2:6, 2:9,

2:12, 2:17, 2:28, 2:29, 3:3, 3:4, 5:4, 5:7, 6:28, 8:11, 9:19, 10:11, 10:13, 10:15, 10:19, 10:20, 10:22, 10:25, 10:29, 11:6, 11:7, 11:14, 17:26, 20:6, 21:23, 22:15, 22:30, 25:25, 27:16, 27:17, 36:2, 36:6, 36:22, 36:23, 42:18, 42:25, 42:27, 42:28, 45:27, 46:4, 47:14, 49:6, 50:6, 50:7, 50:12, 50:18, 57:16, 65:23, 68:5

Corrigan [40] - 22:30, 23:4, 23:7, 23:13, 23:26, 32:16, 32:20, 33:21, 35:4, 36:21, 36:25, 36:28, 37:25, 37:26, 37:27, 38:4, 38:5, 38:8, 39:9, 41:17, 41:20, 42:6, 42:9,

42:11, 42:15, 44:20, 45:13, 45:25, 45:30, 46:8, 46:23, 46:25, 46:27, 61:26, 61:30, 62:21, 63:19, 63:21, 65:7, 66:14

Corrigan' [1] - 42:18Corrigan's [5] - 24:24,

24:25, 41:26, 41:29, 62:3

Corry [3] - 23:2, 32:25, 45:19

cost [1] - 4:28counterparts [2] - 49:25,

58:21countries [1] - 71:12country [1] - 18:25County [1] - 19:22course [11] - 6:29, 8:10,

9:9, 17:20, 19:5, 20:12, 25:10, 53:2, 53:9, 63:7, 66:30

court [3] - 12:5, 51:30, 52:7

cover [3] - 2:25, 3:29, 7:19

covered [2] - 2:22, 26:20cow [1] - 5:21CROSS [4] - 27:1, 34:29,

47:8, 54:28cross [6] - 8:1, 56:21,

67:6, 68:26, 69:20, 69:23

cross-border [4] - 56:21, 67:6, 69:20, 69:23

cross-examined [1] - 68:26

CROSS-EXAMINED [4] - 27:1, 34:29, 47:8, 54:28

crossed [1] - 3:10crossing [6] - 7:3, 7:29,

15:5, 49:18, 49:26, 54:6crossings [1] - 58:15Crossmaglen [1] - 73:4Crowley [1] - 69:30crucially [1] - 63:21Crucible [1] - 14:5Culligan [2] - 71:3, 71:20cumulative [1] - 13:27Cushley [1] - 19:6Customs [54] - 2:5, 2:11,

3:3, 3:10, 5:28, 6:10, 6:11, 6:12, 7:6, 7:9, 7:22, 15:28, 16:6, 16:13, 16:16, 34:7, 47:24, 47:26, 47:29, 48:4, 48:11, 48:26, 49:29, 50:5, 50:9, 50:20, 50:22, 51:5, 51:8, 51:17, 51:26, 51:29, 52:5, 52:28, 53:3, 53:14, 53:22, 53:28, 54:10, 55:9, 55:17, 55:23, 56:3, 56:24, 56:29, 57:8, 58:20, 58:21, 58:28, 58:30, 60:7, 65:1

Customs' [2] - 15:1,

17:23cut [1] - 60:19

Ddaily [1] - 7:16danger [1] - 15:23dangerous [3] - 8:5, 8:7,

15:21date [14] - 15:3, 18:19,

21:28, 22:15, 23:18, 27:26, 28:6, 30:8, 30:9, 33:26, 38:16, 40:10, 42:20, 42:30

dated [1] - 24:11dates [1] - 30:9day-to-day [1] - 52:14days [4] - 19:23, 26:3,

44:2, 64:29dead [1] - 73:20deal [5] - 29:23, 31:20,

52:12, 55:1, 73:26dealing [8] - 17:14, 18:24,

19:22, 31:9, 31:10, 68:13, 69:6

dealings [1] - 55:2dealt [5] - 31:30, 50:30,

53:25, 69:8, 72:3Dear.. [1] - 12:15death [1] - 44:2deaths [4] - 11:9, 11:10,

25:16, 26:3deceased [3] - 3:22, 23:3,

68:4December [5] - 24:11,

32:4, 36:19, 39:27, 44:20

decided [1] - 4:30declare [1] - 6:12deeply [3] - 61:9, 62:19,

70:29definitely [2] - 53:16,

54:2delay [1] - 73:6deliberate [1] - 71:12delicate [1] - 68:23Department [8] - 4:12,

6:13, 66:20, 67:17, 68:18, 69:15, 69:29, 70:1

depended [2] - 59:3, 68:11

depth [1] - 14:13deputies [1] - 68:15Deputies [1] - 74:18Deputy [2] - 70:6, 71:3description [2] - 55:28,

67:1designed [1] - 14:9detail [4] - 13:16, 41:24,

42:7, 66:21detailed [2] - 50:10, 53:28details [3] - 6:25, 31:17,

64:25detected [1] - 48:7Detective [16] - 22:30,

23:4, 23:25, 24:20, 25:12, 32:19, 36:25,

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

3

36:28, 39:9, 42:8, 45:22, 46:8, 46:27, 62:20, 65:3, 65:7

detectives [1] - 32:8determination [1] - 71:30devoted [2] - 13:23, 50:4diaries [4] - 74:30, 75:2,

75:3, 75:5Diarmuid [1] - 27:5diary [35] - 9:14, 10:26,

18:12, 18:15, 19:14, 20:4, 21:24, 22:17, 22:23, 23:18, 23:19, 23:22, 23:27, 24:10, 24:25, 24:26, 25:20, 27:14, 33:30, 34:5, 36:21, 38:14, 38:17, 38:30, 40:10, 42:19, 42:21, 42:29, 43:13, 43:15, 43:16, 43:18, 43:23, 63:26, 75:8

die [1] - 37:30different [8] - 5:23, 6:19,

18:24, 22:8, 50:13, 50:14, 56:16, 71:25

difficult [3] - 18:3, 18:10, 44:30

dilemma [1] - 64:20dimension [1] - 72:25dinner [5] - 11:17, 11:21,

13:11, 14:21, 14:24direct [2] - 50:26, 70:12directed [1] - 13:30direction [1] - 30:11directive [2] - 18:17,

18:27directly [3] - 14:1, 29:19,

30:8Director [1] - 68:17discuss [5] - 9:24, 12:2,

20:18, 29:7, 30:26discussed [8] - 34:16,

34:17, 35:30, 39:7, 63:27, 65:16, 65:27, 66:22

discussing [3] - 20:21, 35:24, 36:15

discussion [11] - 25:29, 26:7, 26:9, 43:9, 44:3, 45:30, 66:19, 66:24, 69:20, 76:1, 76:7

discussions [4] - 9:11, 24:21, 34:16, 68:20

dispensation [1] - 8:2dispensations [1] - 7:29disposal [1] - 74:3disregarding [1] - 3:20dissatisfaction [1] -

14:26disseminated [1] - 14:5distinction [2] - 2:10,

47:12disturbed [1] - 14:11divert [1] - 17:2division [1] - 9:13Division [1] - 12:15Divisional [1] - 19:4doctor [1] - 8:21

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document [1] - 12:4Document [1] - 12:5documentation [3] -

59:5, 74:24, 74:29documented [1] - 13:22documents [2] - 21:1,

21:12done [13] - 11:24, 11:27,

13:15, 20:27, 20:28, 20:29, 29:14, 59:21, 65:24, 66:8, 66:16, 74:6, 74:20

doubt [4] - 38:29, 58:25, 63:7, 71:18

Down [1] - 19:22down [25] - 4:28, 6:22,

8:13, 8:15, 9:5, 9:23, 13:21, 15:27, 20:21, 26:20, 29:7, 29:10, 29:27, 30:1, 30:21, 30:26, 39:13, 43:14, 49:10, 54:14, 58:13, 58:24, 59:17, 63:29

dozen [1] - 76:3drawing [1] - 44:25drawn [2] - 56:20, 65:24drive [3] - 4:20, 5:14, 8:3Dromad [1] - 73:12dropped [2] - 6:24, 52:25drove [1] - 8:19Dublin [7] - 7:10, 20:21,

20:24, 59:13, 59:17, 60:20, 67:26

due [3] - 6:12, 18:29, 63:7Dundalk [16] - 19:27,

26:11, 28:24, 30:21, 30:26, 43:12, 43:17, 43:26, 43:30, 44:10, 44:22, 45:22, 46:5, 63:24, 68:30, 73:12

Durack [1] - 68:26duration [1] - 1:15during [5] - 8:28, 13:2,

43:10, 43:21, 55:23duties [2] - 8:10, 53:3Duty [1] - 19:15duty [1] - 5:2dwelling [1] - 5:10

EEamon [2] - 53:9, 53:13ear [6] - 3:14, 3:15, 3:17,

3:27, 3:28, 4:1eardrum [1] - 8:24early [3] - 23:8, 45:13,

46:24East [1] - 19:8Edward [1] - 23:1effect [2] - 5:25, 26:13effective [1] - 13:28effects [1] - 73:26effort [1] - 75:25efforts [1] - 13:21eight [1] - 6:15either [2] - 3:20, 33:1element [2] - 55:21, 72:1elicit [1] - 28:10

elsewhere [2] - 18:23, 70:17

emanate [1] - 13:4embarking [1] - 13:16emergency [1] - 73:19empty [2] - 23:5, 57:20encourage [3] - 62:12,

62:17, 75:23encouraging [1] - 63:5end [6] - 15:6, 15:8,

37:11, 43:4, 49:23, 63:22

endeavours [1] - 62:14ended [1] - 2:26engaged [5] - 49:9,

49:16, 50:12, 51:19, 70:17

England [3] - 2:19, 2:20, 6:21

ensure [4] - 9:3, 71:1, 74:20, 75:22

entered [1] - 14:4entering [1] - 18:1entirely [1] - 66:13entitled [4] - 63:1, 63:6,

63:7, 69:20entries [1] - 10:27entry [4] - 9:14, 27:14,

33:30, 36:21envisaged [1] - 26:18equipment [1] - 16:15especially [2] - 56:7, 75:6establish [3] - 13:17,

61:15, 73:8established [1] - 67:8establishment [1] - 67:10et [6] - 2:25, 15:4, 21:9,

45:17, 48:27, 59:27evasion [1] - 5:2event [4] - 15:26, 52:6,

74:4, 74:23events [1] - 26:8eventually [2] - 5:15,

26:18evidence [47] - 1:5, 1:6,

11:19, 13:8, 14:22, 14:25, 18:14, 19:7, 26:12, 26:16, 27:8, 27:12, 39:20, 39:27, 41:10, 41:12, 44:8, 50:28, 51:29, 52:6, 60:15, 60:17, 60:27, 61:2, 61:3, 61:4, 61:7, 61:10, 61:11, 61:18, 61:19, 61:29, 63:5, 63:8, 63:11, 63:15, 63:26, 64:1, 64:4, 64:5, 64:27, 65:10, 65:16, 65:26, 66:13, 66:29

examine [1] - 1:7examined [3] - 6:12, 67:2,

68:26EXAMINED [5] - 2:1,

27:1, 34:29, 47:8, 54:28example [4] - 7:29, 57:19,

59:22, 73:24except [3] - 13:6, 23:9,

32:20

exception [1] - 15:24exchange [1] - 7:18exchanges [1] - 70:14exchanging [1] - 7:23Excise [3] - 2:11, 55:9,

65:1excuse [1] - 22:21executive [1] - 14:10exhaustive [1] - 70:14existed [1] - 68:29existence [1] - 40:17expertise [1] - 14:10explain [1] - 63:13explained [3] - 41:15,

64:26, 65:5explaining [1] - 13:24export [1] - 3:11exportation [1] - 51:9exported [1] - 52:23exports [4] - 3:2, 21:9,

51:27, 52:23exposure [1] - 13:27expressed [2] - 14:26,

20:15extent [1] - 18:1extract [2] - 24:11, 24:19extracts [1] - 18:12

FFA [1] - 59:26face [2] - 24:13, 71:13facially [1] - 1:13facility [1] - 74:3fact [15] - 3:25, 6:12,

9:14, 13:22, 16:20, 16:21, 23:15, 38:30, 62:12, 63:18, 64:21, 65:9, 73:27, 75:13, 75:27

factor [1] - 73:14facts [6] - 13:4, 15:17,

16:9, 20:9, 33:14, 65:25fair [2] - 49:28, 75:7fairly [2] - 57:26, 59:20fairness [1] - 45:24faith [1] - 72:25families [1] - 70:28family [3] - 10:21, 63:2,

63:3far [14] - 17:1, 30:3,

35:26, 36:7, 37:12, 40:22, 46:27, 49:3, 49:16, 57:2, 57:8, 63:9, 64:23, 74:1

farm [1] - 5:9farm" [1] - 12:17farmer's [1] - 4:11farmers [2] - 3:22, 17:29farms [2] - 5:8, 56:28feasible [2] - 52:21February [1] - 13:3fell [1] - 30:30felt [3] - 14:27, 16:7,

19:27few [2] - 23:6, 35:4file [2] - 18:28, 18:29filled [3] - 4:29, 9:22,

44:17final [1] - 68:18finalise [1] - 46:22finally [3] - 14:15, 59:28,

61:26financial [1] - 16:28findings [1] - 61:21finished [1] - 69:26finishes [1] - 61:30firm [1] - 13:8first [16] - 3:16, 15:2,

26:11, 29:17, 30:20, 32:16, 44:5, 44:25, 47:12, 61:8, 67:2, 69:13, 69:25, 70:18, 72:4, 72:13

firstly [2] - 55:2, 68:9flavour [1] - 72:29focus [1] - 73:14focused [1] - 17:24follow [1] - 22:4follow-up [1] - 22:4followed [1] - 19:28following [4] - 25:16,

35:13, 43:16, 70:12FOLLOWS [6] - 1:2, 2:2,

27:2, 34:30, 47:8, 54:28follows [2] - 13:15, 50:8food [1] - 56:1foods [1] - 56:2Force [1] - 68:7forces [3] - 72:12, 73:25,

74:2Foreign [4] - 66:21,

67:18, 69:27, 70:1form [4] - 15:9, 38:5,

38:6, 70:12formally [1] - 73:27formed [1] - 2:12fortnight [1] - 66:23forward [2] - 20:19, 30:23forwarded [1] - 48:9forwarding [1] - 19:8forwards [1] - 7:23four [1] - 8:14frame [3] - 61:12, 62:20,

63:1frank [1] - 68:21freedom [1] - 16:18freely [8] - 7:22, 35:16,

35:17, 35:20, 35:29, 36:4, 36:5, 36:12

frequent [1] - 67:27friend [1] - 23:24Friend [1] - 62:10front [2] - 35:5, 35:25frustrated [3] - 57:18,

57:29, 57:30frustration [1] - 57:22fuel [5] - 4:25, 4:26, 4:27,

4:29, 14:12full [5] - 33:14, 44:17,

68:18, 71:23, 71:24fully [2] - 59:26, 74:19functions [1] - 51:7

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

4

GG30 [2] - 13:2, 14:1gain [2] - 3:2, 16:28Garda [30] - 9:24, 13:21,

18:29, 19:3, 23:6, 23:20, 23:25, 23:28, 24:21, 27:5, 27:9, 29:7, 32:5, 32:11, 32:13, 33:2, 33:9, 51:3, 56:30, 57:14, 65:7, 65:9, 67:17, 68:8, 68:16, 69:30, 72:3, 73:28, 74:2

Gardaí [4] - 22:28, 50:22, 73:7, 73:12

gathering [1] - 23:11general [17] - 12:2, 25:29,

29:16, 31:14, 31:15, 34:15, 34:16, 35:30, 36:10, 36:17, 37:1, 40:9, 40:18, 41:22, 46:2, 46:15, 75:19

General [3] - 67:16, 68:17, 69:29

generally [1] - 57:6generated [1] - 61:28gentleman [9] - 21:3,

25:14, 32:22, 36:26, 47:1, 65:1, 65:5, 65:14, 65:15

Gerry [1] - 66:28getaway [1] - 73:9given [15] - 17:29, 19:7,

19:11, 19:18, 26:12, 30:11, 38:8, 44:8, 60:27, 61:4, 61:11, 61:19, 61:28, 65:10, 75:3

Glasgow [8] - 2:22, 10:5, 21:16, 60:4, 60:8, 60:10, 60:11

Glassdrumman [1] - 13:1GOC's [1] - 13:26gossip [1] - 25:8governmental [1] - 67:23Governmental [2] -

66:18, 69:19grain [7] - 6:8, 10:8,

10:12, 21:9, 31:13, 31:14, 56:17

grains [1] - 51:9granted [1] - 69:16grateful [3] - 60:18, 71:8,

74:8greater [2] - 51:18, 75:23ground [2] - 16:27, 49:30grounds [1] - 63:10group [1] - 22:5guards [1] - 30:26

Hhand [2] - 51:22, 59:20handed [2] - 21:13, 21:14handle [1] - 7:18handled [2] - 14:27, 30:7hands [1] - 3:23harm [1] - 56:3

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Harry [28] - 9:6, 9:17, 14:24, 19:5, 19:10, 19:11, 25:17, 25:26, 26:5, 26:10, 30:20, 35:14, 35:15, 35:27, 35:29, 36:3, 36:9, 43:11, 43:17, 43:25, 43:29, 43:30, 44:4, 44:9, 44:22, 55:6, 63:23

harsh [1] - 62:29HAVING [1] - 2:1HAYES [5] - 1:4, 1:20,

65:30, 66:6, 76:12headed [1] - 69:18headlines [1] - 72:15headquarters [1] - 2:21health [1] - 70:10hear [9] - 11:25, 24:2,

27:6, 28:13, 29:17, 35:2, 39:25, 45:29, 48:21

heard [18] - 11:19, 11:26, 19:13, 19:25, 23:15, 24:1, 24:4, 24:5, 29:13, 32:15, 32:17, 36:30, 37:21, 45:18, 45:25, 46:23, 46:25, 53:16

hearing [3] - 23:10, 32:20, 32:21

hearsay [2] - 61:18, 61:22held [3] - 59:11, 68:28,

69:1help [1] - 34:2helpful [3] - 18:12, 55:7,

60:17helping [1] - 33:9herd [2] - 3:23, 4:11Hermon [3] - 68:4, 68:7,

70:6hierarchy [1] - 2:27high [3] - 2:26, 50:18,

56:5higher [3] - 24:14, 56:13,

56:26highest [2] - 69:3, 74:4highways [1] - 61:5hit [1] - 32:28HMG [1] - 12:5HMG36 [1] - 19:16hold [1] - 43:22holds [2] - 68:22, 69:8Home [1] - 67:14honest [2] - 37:12, 64:4honestly [1] - 31:29horrific [1] - 73:26hospital [1] - 8:21host [1] - 67:21hours [4] - 13:2, 13:3,

24:23, 64:22House [1] - 12:15house [1] - 5:10human [1] - 70:25hundred [4] - 3:9, 5:21,

5:22

II.. [1] - 53:11

Ian [1] - 70:5idea [4] - 15:6, 55:20,

75:4, 75:8identified [1] - 48:4identifying [1] - 2:27identity [1] - 4:14illegal [1] - 21:9illegally [2] - 5:25, 59:24illicit [1] - 13:18immediate [3] - 14:10,

33:11, 72:28immediately [4] - 26:2,

69:2, 69:25, 72:4impact [3] - 3:2, 3:5,

38:14implications [1] - 71:24imply [1] - 53:28implying [1] - 47:16import [1] - 3:11important [4] - 13:16,

53:23, 72:7, 74:29importation [1] - 51:9importations [1] - 6:9imported [1] - 59:24imports [1] - 51:27imports/exports [1] -

59:5impression [1] - 55:3improving [1] - 71:4in-line [3] - 38:23, 39:4,

40:24inaccurate [1] - 14:21incident [6] - 12:27, 63:3,

70:26, 70:30, 71:23, 73:18

incidentally [1] - 9:7incidents [2] - 57:22,

57:28incision [1] - 3:30inclination [1] - 72:13inclined [1] - 57:30include [1] - 22:28included [1] - 23:25including [1] - 13:20incorporated [1] - 56:27increased [1] - 5:26indeed [2] - 61:3, 72:8independent [1] - 50:9indicated [5] - 11:24,

12:17, 19:2, 19:5, 49:3indicates [1] - 9:15indicating [1] - 19:9indication [1] - 59:23indications [1] - 58:15indicator [2] - 52:26,

58:18individual [2] - 13:27,

35:19individually [1] - 16:7individuals [2] - 50:11,

51:18industry [1] - 6:5information [27] - 7:19,

7:23, 13:30, 14:3, 14:20, 22:29, 23:5, 23:14, 24:6, 33:3, 37:7, 37:9, 37:28, 38:2, 38:4,

38:7, 38:19, 39:12, 40:20, 44:17, 45:17, 49:29, 50:6, 50:10, 53:18, 53:23, 57:19

informed [5] - 13:7, 33:17, 39:1, 61:16, 61:26

inhibited [1] - 17:6injured [2] - 8:9, 32:28injuries [2] - 8:23, 8:24inquired [1] - 64:13inquiries [4] - 46:17,

49:24, 51:15, 59:3inquiry [4] - 21:5, 21:6,

21:15, 51:14Inquiry [2] - 61:19, 61:20insert [1] - 3:19inserted [1] - 4:2insofar [1] - 76:1Inspector [3] - 19:26,

19:27, 24:20instance [2] - 16:20, 67:2intelligence [5] - 14:2,

14:6, 15:4, 50:3, 50:6intend [1] - 74:16intention [1] - 74:19Inter [2] - 66:18, 69:19inter [1] - 67:23Inter-Governmental [2] -

66:18, 69:19inter-governmental [1] -

67:23interact [2] - 52:27, 53:3interaction [1] - 67:7intercepted [1] - 49:12interception [1] - 14:12interest [5] - 19:28,

55:16, 56:21, 66:10interfering [1] - 14:28intermediary [1] - 66:11internal [1] - 73:17intervening [1] - 39:19interview [1] - 1:15investigate [1] - 50:2investigated [1] - 60:4investigating [3] - 22:26,

65:6, 66:26Investigation [4] - 7:11,

7:12, 10:24, 59:13investigation [15] - 2:7,

2:13, 2:24, 7:9, 9:1, 10:7, 31:19, 47:27, 50:29, 50:30, 51:1, 51:23, 54:4, 54:15, 54:16

investigations [3] - 25:10, 48:9, 49:2

Investigative [2] - 18:16, 19:24

investigative [1] - 51:11invited [1] - 33:1involve [1] - 57:14involved [23] - 5:5, 7:13,

16:11, 16:13, 16:22, 16:27, 25:10, 29:19, 30:8, 33:26, 39:22, 50:21, 56:23, 56:25, 56:29, 57:3, 59:29,

60:2, 70:25, 72:2, 72:25, 75:4, 75:9

involvement [1] - 50:26involving [3] - 14:13,

33:27, 50:21IRA [15] - 18:2, 18:8, 27:9,

33:3, 33:10, 37:28, 53:10, 53:18, 53:23, 70:26, 71:30, 72:20, 73:5, 74:24, 74:30

Ireland [72] - 2:5, 2:14, 2:16, 2:18, 3:8, 3:14, 3:15, 3:19, 3:28, 4:3, 4:18, 4:20, 4:22, 4:24, 4:27, 5:1, 5:10, 5:11, 5:12, 5:13, 5:15, 5:27, 5:29, 6:9, 6:10, 6:20, 6:21, 7:9, 10:5, 10:9, 17:15, 17:16, 17:28, 17:30, 20:30, 47:13, 47:27, 47:28, 47:30, 49:25, 51:2, 51:3, 51:6, 52:24, 53:19, 56:19, 56:22, 56:27, 56:29, 58:23, 59:6, 59:7, 59:9, 59:12, 59:23, 61:5, 61:24, 64:26, 66:10, 67:13, 67:20, 68:7, 68:15, 70:7, 75:6

Irish [9] - 56:24, 57:8, 58:21, 58:28, 58:30, 66:18, 67:10, 69:18, 69:27

issue [5] - 63:21, 69:6, 69:10, 76:6, 76:8

issues [4] - 53:24, 53:25, 64:2, 68:23

item [1] - 4:25itself [3] - 5:11, 34:8, 51:1

JJack [1] - 68:6job [4] - 7:2, 16:18, 17:26,

56:10John [3] - 31:4, 68:4, 70:6joined [2] - 70:19, 70:20joint [2] - 50:27, 57:12Jonesboro [1] - 75:18journal [1] - 19:14JUNE [2] - 1:1, 76:20jurisdiction [3] - 61:17,

61:18, 62:13Justice [4] - 67:17, 69:15,

69:28, 69:30justification [1] - 72:11

Kkeen [3] - 55:16, 63:4kept [2] - 4:13, 75:22killed [2] - 32:26, 72:25Killeen [1] - 75:20killers [1] - 72:30killings [3] - 71:29, 73:27,

74:13Kilnasaggart [1] - 75:27kind [4] - 40:30, 71:30,

74:10, 74:13

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

5

King [1] - 11:20king [1] - 70:4KING [5] - 71:8, 71:29,

72:10, 72:28, 74:13knock [2] - 10:29, 11:1knowledge [13] - 18:6,

19:20, 23:7, 30:23, 32:1, 33:13, 45:13, 45:14, 50:10, 51:18, 53:29, 54:3, 54:9

known [8] - 1:18, 8:18, 23:2, 30:4, 30:23, 49:5, 57:4, 57:13

Lladen [2] - 4:21, 5:13land [5] - 11:4, 48:2,

48:28, 48:29, 51:9large [1] - 18:7last [8] - 35:9, 35:12,

41:30, 42:13, 42:18, 43:13, 61:27, 75:3

late [6] - 9:8, 26:5, 30:24, 36:8, 55:5, 69:28

Laverty [5] - 1:6, 30:10, 60:19, 67:2, 69:5

LAVERTY [22] - 1:11, 2:1, 2:4, 12:13, 24:17, 26:23, 28:15, 28:22, 38:27, 40:2, 41:19, 45:4, 45:8, 46:11, 47:18, 48:16, 48:23, 52:3, 52:30, 53:13, 55:25, 60:22

Law [1] - 12:14lawyers [3] - 65:13,

65:14, 66:11lead [1] - 53:27leading [4] - 9:29, 15:20,

16:16, 21:15leaking [3] - 23:4, 23:14,

37:7leaks [1] - 37:9learn [3] - 29:9, 29:28,

30:13learned [4] - 30:18,

30:20, 30:25, 33:22least [2] - 8:20, 73:11leave [3] - 17:9, 19:11,

65:28led [3] - 3:1, 29:21, 57:12left [3] - 3:15, 4:2, 52:1legal [2] - 51:26, 52:23legally [2] - 6:10, 52:23legislation [1] - 14:14legitimate [1] - 65:22lend [1] - 50:27length [5] - 7:2, 16:29,

17:6, 57:5, 68:11lengths [1] - 17:2Lenihan [1] - 69:28Leo [2] - 47:10, 47:20less [6] - 10:4, 15:2,

40:30, 54:3, 56:15, 66:1lesser [1] - 4:28lessons [1] - 75:22letter [1] - 14:17

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level [8] - 55:11, 55:29, 56:11, 56:13, 56:26, 69:3, 69:4

levels [1] - 71:25liaison [7] - 14:3, 23:10,

24:20, 32:5, 32:9, 32:14, 49:24

lightly [1] - 9:3likely [4] - 5:26, 21:8,

76:16line [11] - 38:23, 38:25,

38:27, 39:4, 39:11, 39:16, 40:24, 75:26

link [6] - 1:6, 39:24, 60:19, 75:14, 75:21, 75:28

lists [1] - 75:5live [1] - 58:2load [2] - 3:12, 6:14loads [1] - 4:30local [22] - 16:8, 32:8,

47:29, 48:11, 48:26, 49:29, 50:5, 50:9, 50:20, 51:5, 51:8, 51:17, 51:25, 51:29, 52:5, 52:28, 53:3, 53:14, 53:21, 53:28, 54:9, 58:20

London [2] - 2:21, 67:25look [8] - 14:23, 25:20,

31:19, 49:1, 58:14, 73:5, 73:9, 75:3

looked [5] - 4:15, 12:27, 16:19, 56:8, 71:19

looking [4] - 21:18, 21:24, 48:29, 75:25

lorries [3] - 11:22, 14:12, 15:10

lorry [2] - 4:21, 5:27loss [7] - 4:4, 18:9, 19:7,

21:20, 23:5, 39:21, 46:14

lost [3] - 28:15, 45:4, 48:16

lower [1] - 56:13

Mmagnitude [1] - 50:30main [4] - 5:28, 18:4,

75:12, 75:23mains [8] - 27:19, 27:20,

28:5, 28:7, 42:24, 43:11, 44:2, 64:21

Mains [19] - 25:24, 25:30, 26:5, 26:8, 28:3, 28:11, 29:10, 30:25, 43:8, 43:19, 43:24, 43:29, 44:4, 44:8, 44:21, 44:27, 63:23, 64:30, 65:4

Mains' [1] - 65:17maize [1] - 10:12major [2] - 16:21, 50:21man [5] - 36:30, 37:9,

37:13, 42:16, 46:18manage [1] - 18:13managed [1] - 44:18

manager [7] - 38:23, 38:25, 38:28, 39:4, 39:11, 39:16, 40:24

manually [1] - 14:1map [1] - 14:15March [34] - 9:17, 10:28,

10:30, 11:18, 11:29, 12:24, 12:25, 13:3, 14:2, 14:5, 14:7, 18:20, 18:21, 18:30, 19:13, 19:23, 20:3, 20:20, 25:18, 27:16, 29:8, 29:13, 30:20, 30:22, 42:25, 42:27, 43:1, 43:2, 43:3, 43:4, 43:5, 43:28

Mark [1] - 54:30marked [1] - 69:14Mary [1] - 24:13Maryfield [2] - 70:2, 70:8material [1] - 55:23matter [14] - 15:19, 19:3,

19:12, 20:17, 22:24, 33:4, 50:8, 51:20, 59:20, 62:4, 62:10, 69:2, 69:9, 71:18

matters [14] - 18:24, 19:22, 29:7, 29:23, 35:25, 56:9, 65:11, 66:19, 67:6, 68:14, 71:5, 72:13, 74:23, 76:4

maximum [1] - 74:21MCA [1] - 55:19McAnulty [5] - 22:11,

22:12, 31:4, 31:15, 31:28

MCAs [4] - 17:17, 17:20, 52:18, 52:20

McBurney [34] - 40:26, 40:27, 40:29, 41:3, 41:10, 41:16, 41:19, 42:1, 42:6, 42:13, 44:7, 44:12, 44:15, 44:27, 61:4, 61:9, 61:14, 61:16, 61:29, 62:7, 62:9, 62:30, 63:16, 63:18, 63:19, 63:20, 63:27, 63:30, 64:8, 64:13, 64:19, 65:24, 66:7, 66:11

McBurney's [2] - 61:23, 63:17

McGuinness [6] - 26:29, 27:4, 27:5, 28:17, 28:28, 34:24

mcGUINNESS [1] - 27:1mean [3] - 46:6, 48:18,

48:25meaning [1] - 36:2means [3] - 35:20, 62:17,

71:4meant [2] - 3:7, 55:17meat [2] - 3:20, 6:9media [1] - 72:28medium [1] - 56:14meet [7] - 25:1, 30:27,

30:29, 58:30, 65:14, 67:12, 67:22

Meeting [2] - 12:1, 12:23meeting [86] - 9:16, 9:20,

9:21, 12:7, 15:11, 15:16, 15:18, 18:17, 18:27, 19:12, 19:15, 19:20, 20:4, 23:1, 23:11, 23:19, 24:20, 24:29, 25:17, 25:28, 26:1, 26:11, 26:14, 27:14, 27:24, 27:25, 28:8, 28:19, 28:25, 29:8, 29:13, 30:11, 30:17, 32:3, 32:5, 32:9, 32:10, 32:12, 32:14, 32:15, 32:18, 33:8, 33:12, 33:20, 33:30, 34:2, 34:9, 34:20, 35:8, 36:19, 36:25, 38:10, 39:1, 39:3, 39:7, 40:23, 41:23, 42:24, 43:1, 43:10, 43:12, 43:17, 43:20, 43:26, 43:28, 43:30, 44:10, 44:20, 44:22, 63:24, 66:17, 68:10, 69:7, 69:13, 69:18, 70:16, 70:18, 70:19, 71:3, 74:17, 75:13, 75:16, 76:2, 76:8

meetings [23] - 23:9, 58:27, 58:29, 59:11, 59:12, 67:1, 67:15, 67:23, 67:25, 67:27, 68:9, 68:11, 68:13, 68:14, 68:23, 69:5, 69:7, 71:16, 71:25, 74:9, 74:14

member [6] - 18:7, 27:9, 33:2, 33:8, 46:5, 53:10

memo [3] - 18:30, 19:1, 19:8

memory [1] - 42:10men [15] - 8:20, 49:12,

49:13, 50:5, 50:9, 50:21, 51:5, 51:18, 54:10, 64:30, 70:28, 72:24, 73:20, 75:1, 75:17

men's [1] - 75:3mention [6] - 36:21, 39:2,

39:19, 40:5, 41:16, 44:7mentioned [27] - 12:19,

12:27, 25:11, 36:26, 37:1, 37:25, 38:10, 38:18, 38:20, 39:4, 39:15, 39:17, 39:26, 41:11, 41:26, 41:30, 42:2, 42:3, 45:12, 58:9, 59:28, 63:16, 63:17, 64:15, 64:21, 67:28

mentioning [6] - 7:6, 30:3, 44:19, 45:26, 59:30, 64:20

met [11] - 23:17, 23:23, 24:20, 24:22, 24:29, 26:4, 35:14, 35:27, 43:7, 43:19, 44:8

method [1] - 14:29methods [1] - 13:19

might [17] - 8:12, 16:24, 21:29, 39:24, 41:11, 44:11, 46:2, 53:28, 57:11, 58:7, 66:6, 66:8, 66:28, 73:8, 73:14, 75:1, 75:17

military [2] - 14:4, 14:6Mill [2] - 14:2, 14:4million [1] - 6:5millions [1] - 16:11Mills [2] - 12:5, 12:9MILLS [1] - 12:11mind [6] - 8:8, 13:26,

38:12, 44:5, 44:17, 46:28

Minister [5] - 67:16, 67:18, 69:27, 69:28, 70:5

Ministerial [1] - 69:4Ministers [2] - 68:10,

68:17minor [2] - 8:24, 48:30minute [1] - 28:15minutes [5] - 12:7, 18:26,

30:10, 66:2, 73:6missed [2] - 39:23, 70:18mixture [1] - 3:29mobile [2] - 48:1, 48:5modus [1] - 13:24mole [3] - 68:29, 72:3,

76:7moment [2] - 18:14,

50:16monetary [3] - 3:1, 3:2,

17:20money [5] - 5:16, 5:18,

6:3, 6:6, 17:18monitored [1] - 72:20months [1] - 67:24morning [5] - 1:4, 1:11,

22:8, 27:4, 28:29morning's [1] - 1:5mortar [1] - 32:28most [8] - 5:8, 5:26, 7:15,

8:5, 8:7, 13:23, 15:3, 21:8

mostly [1] - 21:8mould [1] - 61:10mounted [1] - 29:18mouth [1] - 22:18move [7] - 3:18, 16:21,

17:3, 21:6, 24:13, 56:11, 57:26

moved [2] - 14:11, 34:7movement [1] - 15:9movements [2] - 58:16,

72:20MR [54] - 1:4, 1:20, 12:11,

24:13, 26:29, 27:1, 27:4, 28:17, 28:28, 34:24, 34:29, 35:2, 39:2, 40:5, 41:25, 45:6, 45:12, 47:2, 47:6, 47:8, 47:10, 47:23, 48:18, 48:25, 52:5, 53:2, 53:15, 54:17, 54:23, 54:28, 54:30, 55:28, 60:12, 60:26, 62:9,

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

6

63:13, 64:8, 64:13, 64:19, 65:30, 66:6, 71:8, 71:16, 71:29, 72:10, 72:17, 72:28, 73:3, 73:24, 74:8, 74:13, 74:16, 75:12, 76:12

MRS [22] - 1:11, 2:1, 2:4, 12:13, 24:17, 26:23, 28:15, 28:22, 38:27, 40:2, 41:19, 45:4, 45:8, 46:11, 47:18, 48:16, 48:23, 52:3, 52:30, 53:13, 55:25, 60:22

MS [1] - 54:19multi [1] - 6:5multi-million [1] - 6:5murder [6] - 9:18, 20:12,

20:13, 64:22, 64:29, 70:23

murders [7] - 18:17, 27:10, 65:4, 65:18, 66:23, 66:25, 76:2

Murphy [20] - 8:16, 11:13, 11:22, 12:20, 13:18, 14:15, 18:28, 19:15, 20:22, 21:7, 29:18, 29:30, 49:5, 49:8, 49:16, 49:20, 50:16, 54:1, 54:8

Murphy's [11] - 8:17, 8:18, 11:4, 12:17, 13:17, 13:28, 13:30, 14:10, 30:12, 49:11, 49:22

Murphys [1] - 26:18must [6] - 14:29, 41:4,

51:17, 67:5, 71:16, 74:10

Nname [38] - 23:8, 23:10,

23:16, 23:27, 23:28, 24:1, 24:2, 24:4, 24:5, 24:7, 24:24, 24:25, 27:4, 32:17, 32:20, 32:21, 37:1, 41:16, 41:19, 41:26, 41:30, 42:17, 45:17, 45:18, 45:20, 45:26, 46:2, 46:4, 46:9, 46:12, 46:13, 46:25, 46:28, 54:30, 63:17, 64:15, 64:20

named [6] - 10:8, 65:2, 65:3, 65:7, 65:8, 65:9

names [7] - 7:7, 20:9, 41:21, 59:30, 60:1, 60:7, 65:10

nasty [1] - 69:9nature [2] - 52:10, 53:25nearly [2] - 7:15, 68:23necessarily [1] - 70:14necessary [5] - 15:24,

16:15, 17:4, 48:10, 71:6necessity [1] - 7:13need [4] - 22:24, 64:5,

72:21, 74:13

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needed [4] - 6:27, 16:2, 48:9, 53:7

needless [1] - 66:24needs [1] - 65:27negative [6] - 45:25,

45:28, 46:23, 61:7, 64:2, 64:6

netting [1] - 12:28never [7] - 9:12, 32:17,

33:26, 39:21, 45:18, 63:16, 69:11

new [1] - 2:7Newry [8] - 20:24, 23:2,

23:23, 32:5, 32:24, 36:20, 42:4

next [9] - 28:25, 30:27, 71:20, 74:17, 76:12, 76:13, 76:16, 76:17

nice [1] - 1:17night [4] - 24:22, 39:18,

39:20, 42:5nine [1] - 32:25NIO [1] - 70:7nobody [1] - 54:13none [1] - 51:13normal [2] - 49:26, 59:16normally [3] - 4:18,

36:14, 67:24north [5] - 2:20, 4:15,

6:11, 50:28, 67:7North [3] - 2:5, 67:29,

75:9Northern [46] - 2:14, 2:16,

2:18, 3:7, 3:14, 3:28, 4:18, 4:27, 5:1, 5:10, 5:11, 5:13, 5:27, 5:29, 6:10, 6:21, 7:9, 10:5, 10:9, 17:15, 17:16, 17:29, 47:13, 47:27, 47:28, 47:30, 51:3, 51:6, 52:24, 53:19, 56:19, 56:22, 56:27, 59:6, 59:9, 59:23, 61:5, 61:24, 64:26, 66:10, 67:13, 67:20, 68:7, 68:15, 70:6, 75:6

northern [1] - 67:18northwards [1] - 74:21note [8] - 19:25, 23:19,

33:29, 38:14, 66:20, 69:13, 69:20, 70:12

noted [5] - 13:5, 19:14, 70:20, 70:21, 73:16

notes [4] - 18:15, 45:9, 69:23, 70:10

nothing [14] - 13:5, 18:22, 25:3, 31:6, 33:23, 34:17, 35:23, 38:30, 42:3, 46:7, 46:18, 57:24, 58:1, 74:4

notice [2] - 22:10, 59:19notified [1] - 73:7November [1] - 10:20number [7] - 13:19,

13:29, 15:4, 54:23, 62:11, 66:9, 71:4

numbers [1] - 75:5

OO'CALLAGHAN [11] -

34:29, 35:2, 39:2, 40:5, 41:25, 45:6, 45:12, 47:2, 60:26, 61:2, 63:13

O'Callaghan [3] - 62:29, 65:19, 76:16

o'clock [1] - 76:17O'SULLIVAN [1] - 54:19oath [1] - 1:12objective [7] - 3:16,

15:25, 16:30, 17:2, 17:28, 61:14

objectives [1] - 70:30obliged [2] - 47:23, 62:9observation [2] - 62:6,

62:30Observation [2] - 13:1,

13:28observations [1] - 12:19obstruct [1] - 17:2obtained [2] - 3:19, 52:20obvious [1] - 71:11obviously [13] - 6:3, 6:26,

11:7, 12:24, 13:10, 14:20, 14:29, 27:13, 31:25, 38:12, 66:7, 66:22, 69:1

occasion [2] - 9:9, 53:5occasions [3] - 9:11,

52:27, 53:4occurred [1] - 73:25occurring [2] - 48:26,

71:25October [3] - 34:1, 35:9,

35:14OF [2] - 1:1, 76:20offences [4] - 2:13, 48:2,

48:29, 48:30offended [1] - 44:13office [1] - 2:22Office [2] - 14:18, 70:7Officer [2] - 25:26officer [5] - 2:29, 12:2,

14:4, 35:24, 53:22officers [21] - 16:16,

21:14, 23:24, 32:11, 32:25, 35:18, 35:25, 47:26, 48:4, 48:12, 48:26, 49:30, 51:29, 52:5, 52:28, 53:4, 53:14, 53:28, 56:3, 56:4, 58:20

officers' [1] - 65:10official [4] - 64:26, 66:20,

70:1, 70:7officials [3] - 6:13, 67:21,

68:19often [5] - 52:15, 57:18,

58:3, 59:2, 67:22OK [3] - 43:24, 46:1ON [1] - 1:1once [7] - 3:27, 4:17,

5:24, 15:5, 21:13, 52:17, 62:17

one [30] - 8:8, 8:10, 10:20, 13:29, 16:10,

18:10, 19:23, 22:8, 22:10, 22:12, 22:16, 31:4, 31:9, 31:23, 40:14, 44:19, 47:27, 48:8, 53:14, 60:26, 63:2, 63:5, 70:30, 72:24, 73:5, 74:22, 74:23, 75:2, 75:15, 75:22

one-off [1] - 48:8ones [1] - 2:11ongoing [6] - 7:8, 11:27,

21:10, 34:18, 48:11, 57:4

open [3] - 22:23, 69:15, 75:22

opened [3] - 12:6, 18:28, 30:10

operandi [1] - 13:24operated [2] - 2:24, 60:8operating [2] - 47:25,

47:26operation [36] - 10:8,

11:1, 11:2, 11:3, 11:12, 15:20, 15:21, 15:27, 16:10, 17:5, 19:18, 20:16, 20:18, 26:17, 26:20, 29:18, 29:29, 30:1, 30:6, 31:12, 31:14, 31:26, 33:27, 34:14, 34:18, 54:14, 55:8, 56:7, 56:26, 57:10, 57:11, 57:12, 57:25, 58:10, 60:3, 68:8

operations [14] - 7:14, 7:15, 12:20, 13:17, 13:30, 15:22, 50:21, 50:28, 56:23, 57:1, 57:2, 57:9, 57:18, 58:6

opinion [2] - 38:5, 38:6opportunity [5] - 48:14,

48:18, 48:25, 62:9, 62:25

opposed [1] - 47:13opposite [1] - 71:3Ops [1] - 19:2option [1] - 16:5Order [1] - 12:14order [1] - 19:11orders [1] - 19:17organisation [1] - 16:23organise [1] - 62:30original [1] - 3:26originally [2] - 2:16,

17:23originated [1] - 11:17otherwise [2] - 23:2,

33:24ourselves [1] - 75:21outcome [1] - 74:19outlook [1] - 17:29outrageous [1] - 62:10outside [3] - 51:6, 61:17,

62:13overall [1] - 29:24oversight [1] - 17:18Owen [19] - 22:30, 23:7,

24:24, 24:25, 35:4,

36:21, 37:27, 38:3, 38:8, 41:17, 41:19, 41:25, 41:29, 42:6, 42:11, 44:19, 45:13, 45:25, 46:23

own [9] - 15:28, 16:1, 16:15, 20:16, 24:17, 50:3, 53:17, 64:4, 66:8

owned [1] - 49:4

Pp.m [1] - 69:24p.m. [1] - 69:26page [4] - 24:8, 35:7,

43:5, 67:2pages [1] - 76:4paid [1] - 3:2paper [1] - 46:16paragraph [2] - 35:10,

35:13pardon [4] - 24:3, 27:29,

37:16, 45:2part [11] - 2:7, 2:19, 5:9,

8:5, 8:7, 18:24, 22:8, 44:25, 44:26, 51:23, 66:18

participate [1] - 25:14particular [65] - 2:10,

3:11, 6:7, 7:3, 7:26, 9:25, 9:30, 10:20, 11:15, 11:21, 11:28, 12:3, 12:7, 12:27, 15:10, 15:30, 16:17, 16:23, 18:10, 18:19, 20:25, 21:3, 23:17, 24:29, 27:26, 28:9, 28:24, 29:2, 30:3, 30:5, 30:17, 31:7, 31:18, 33:5, 33:27, 34:20, 36:18, 38:16, 38:17, 39:17, 40:10, 41:2, 42:5, 42:20, 43:10, 43:23, 44:29, 45:28, 46:7, 46:29, 49:11, 49:18, 51:27, 53:30, 54:5, 54:16, 56:18, 56:20, 58:16, 60:3, 63:3, 68:12, 73:13, 74:4

particularly [2] - 5:12, 67:10

parts [1] - 56:16pass [5] - 38:24, 38:27,

38:29, 50:3, 64:17passed [5] - 14:1, 38:22,

44:11, 45:10, 52:10passing [8] - 15:19, 23:8,

24:5, 25:11, 33:3, 38:10, 39:5, 39:6

past [3] - 8:15, 36:30, 49:11

patrol [2] - 48:5, 75:27patrolling [2] - 48:6, 51:6patrols [1] - 50:14pattern [3] - 52:22, 72:18,

72:21pausing [1] - 48:20pay [2] - 3:9, 15:30

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

7

peers [1] - 67:7people [40] - 3:5, 3:21,

4:13, 4:27, 4:30, 5:5, 6:19, 7:6, 7:22, 8:14, 9:1, 10:17, 15:19, 16:12, 16:24, 17:12, 18:9, 20:17, 22:5, 22:7, 23:12, 30:7, 31:3, 31:18, 36:8, 36:14, 36:16, 37:8, 37:10, 37:20, 37:23, 37:24, 41:14, 49:26, 52:19, 54:15, 63:5, 64:1, 75:9

per [8] - 3:9, 4:8, 5:19, 5:21, 5:30, 12:29, 52:21

perfectly [5] - 63:1, 63:6, 63:7, 65:22, 65:23

perform [1] - 58:10performing [1] - 58:10perhaps [12] - 2:11, 8:12,

11:12, 16:24, 21:29, 23:11, 25:20, 26:23, 63:13, 73:7, 75:18, 75:22

Perhaps [1] - 64:8period [3] - 12:28, 56:7,

70:18periodic [1] - 14:11periods [1] - 10:17permission [1] - 69:14permitted [1] - 33:2person [15] - 4:23, 4:28,

7:17, 15:1, 16:27, 22:10, 25:9, 31:19, 31:20, 33:11, 33:14, 37:6, 39:8, 42:4, 55:7

personal [1] - 59:16personally [3] - 52:16,

56:25, 57:3personnel [15] - 11:20,

16:6, 23:6, 23:20, 23:25, 24:21, 32:14, 34:6, 35:15, 35:28, 36:4, 39:29, 39:30, 40:3, 40:7

personnel" [1] - 23:28persons [1] - 35:19persuaded [1] - 66:12persuasion [1] - 72:26pertaining [2] - 47:28,

56:9phone [6] - 27:22, 27:24,

28:17, 28:19, 28:22, 28:23

phoned [2] - 29:10, 30:28photocopied [1] - 21:4photocopying [3] -

20:26, 20:28, 20:29phraseology [1] - 35:20physical [1] - 50:27piece [1] - 75:1pig [5] - 4:8, 4:14, 5:21,

5:30, 6:1pigs [11] - 4:7, 4:14, 4:16,

4:21, 5:3, 5:23, 5:24, 5:28, 5:30, 6:7, 56:17

pin [1] - 29:26PIRA [2] - 18:2, 22:27

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place [19] - 10:30, 12:1, 12:24, 15:7, 22:27, 26:5, 26:11, 34:9, 34:11, 38:16, 41:15, 43:1, 44:3, 44:5, 51:27, 54:14, 57:9, 59:2, 73:10

placed [1] - 19:19places [2] - 5:20, 56:21plan [2] - 14:12, 58:7planned [2] - 57:2planning [3] - 15:7,

56:23, 57:8plants [1] - 3:20plates [1] - 4:22plenary [1] - 69:25point [22] - 3:10, 8:10,

14:9, 14:11, 18:4, 19:10, 25:5, 27:27, 31:16, 32:21, 41:13, 46:22, 57:1, 60:26, 61:22, 62:2, 62:3, 64:24, 66:8, 73:13, 73:21

pointed [4] - 23:12, 23:29, 37:6, 37:13

points [2] - 61:8, 63:8police [16] - 7:4, 9:4,

14:28, 16:8, 16:14, 18:4, 26:3, 33:5, 35:24, 35:25, 55:23, 56:3, 71:26, 73:17, 75:10, 75:17

Police [5] - 23:1, 32:5, 32:24, 68:7, 73:19

policing [3] - 75:20, 75:25, 75:29

Policy [2] - 12:1, 12:23political [1] - 68:10portion [1] - 66:24position [5] - 15:14, 46:7,

58:11, 58:19, 60:6positioned [1] - 5:6possession [2] - 18:6,

74:29possible [3] - 29:27, 73:8,

74:20possibly [4] - 14:13,

29:18, 61:8, 71:14post [1] - 31:20potential [1] - 64:27pound [2] - 3:9, 6:5pounds [1] - 6:15practicing [1] - 61:17precautions [5] - 15:25,

15:26, 15:27, 17:4, 59:14

premises [4] - 49:22, 57:19, 57:20, 59:8

preparation [1] - 57:5prepared [1] - 57:23preplanning [1] - 29:24presence [3] - 35:18,

36:5, 40:24present [10] - 11:21,

20:10, 26:19, 32:12, 32:14, 35:15, 35:29, 36:4, 36:8, 44:26

pressed [1] - 72:21

presumably [4] - 15:11, 32:23, 32:29, 42:17

presume [1] - 61:27prevalent [1] - 58:5prevent [2] - 71:1, 73:9preventive [1] - 47:30previous [2] - 2:11, 33:30previously [1] - 23:15primarily [1] - 68:7primary [2] - 49:28, 50:5problem [4] - 4:16, 6:2,

55:10, 75:15procedures [2] - 67:9,

67:12proceed [1] - 1:7process [1] - 67:1product [3] - 15:6, 15:8,

37:11products [2] - 4:6, 4:7professional [1] - 25:4proffered [1] - 14:21profit [2] - 12:28, 13:7progress [1] - 19:12prominent [1] - 56:17prompt [1] - 64:5propaganda [1] - 70:26properly [1] - 49:5properties [1] - 57:6property [9] - 5:7, 8:16,

8:18, 9:2, 11:5, 11:22, 49:4, 49:20, 50:16

property-wise [1] - 5:7proposed [1] - 54:7protection [1] - 74:21prove [1] - 13:28proved [1] - 62:22provide [3] - 59:30, 60:7,

74:20provided [1] - 21:1providing [2] - 18:12,

21:3province [1] - 8:5provisions [1] - 7:27PSNI [10] - 7:1, 9:4,

20:19, 23:24, 33:5, 34:11, 51:2, 53:26, 55:1, 56:8

publicised [1] - 72:5purchased [1] - 3:7purport [1] - 70:13purpose [5] - 26:1, 40:15,

61:6, 61:12, 75:13put [8] - 4:19, 11:30,

22:18, 42:17, 44:13, 44:18, 72:2, 74:3

putting [1] - 66:28

Qqualified [1] - 4:8qualify [1] - 5:29quarter [1] - 23:23query [3] - 13:10, 18:28,

33:7questions [11] - 26:24,

26:27, 34:27, 35:4, 47:4, 47:11, 54:19, 54:21, 54:23, 60:12,

60:14quick [2] - 57:11, 59:25quickly [2] - 57:26, 59:20quite [2] - 14:5, 37:12quote [1] - 43:23

Rrail [2] - 75:14, 75:21railway [1] - 75:26raise [3] - 33:7, 41:16,

41:19raised [6] - 12:3, 13:14,

63:20, 69:2, 69:3, 69:10raising [1] - 64:2random [1] - 13:2rate [1] - 56:14Rathcarr [1] - 73:19rather [3] - 13:8, 13:27,

62:29re [1] - 19:15reach [1] - 59:7read [9] - 12:8, 18:27,

24:14, 24:17, 24:19, 42:29, 43:5, 43:15, 76:7

readily [1] - 69:16reading [1] - 73:16ready [3] - 1:7, 1:12,

48:20really [3] - 41:9, 42:23,

53:20reason [5] - 1:14, 18:4,

20:25, 43:3, 49:18reasons [2] - 1:14, 74:11reassured [1] - 74:28recalled [1] - 44:9recalling [1] - 13:26receive [1] - 40:25received [6] - 8:24, 21:14,

28:7, 28:10, 29:1, 38:2recently [1] - 61:4recipient [1] - 12:16recognise [2] - 46:18,

63:30recognised [2] - 1:13,

36:27recollect [5] - 28:13,

34:1, 35:19, 36:18, 42:7recollected [1] - 40:11recollection [7] - 28:29,

31:27, 33:15, 34:19, 38:15, 46:9, 46:11

recommendations [1] - 15:15

record [2] - 42:29, 70:13recorded [2] - 73:28, 76:3records [2] - 11:29, 66:21recruit [1] - 61:6recurrence [1] - 71:2Redacted [1] - 64:13refer [2] - 12:4, 35:8reference [5] - 22:25,

44:21, 64:27, 65:12, 76:6

referred [5] - 11:1, 31:2, 31:3, 33:29, 60:4

referring [6] - 5:8, 30:6, 37:19, 37:21, 38:3, 56:2

refund [1] - 5:29regard [1] - 50:1regarded [1] - 31:25regarding [8] - 23:16,

41:8, 45:16, 46:7, 53:23, 55:12, 55:22, 58:19

regards [3] - 48:26, 49:19, 52:23

region [2] - 56:20, 58:4Regional [1] - 19:8regional [1] - 2:21registration [1] - 4:22regrettable [1] - 61:9regular [2] - 48:11, 48:13regularly [1] - 67:12reinforce [1] - 74:13related [6] - 21:5, 33:11,

34:10, 34:11, 74:23, 76:2

relating [6] - 21:6, 31:12, 33:14, 35:22, 37:22, 76:4

relation [13] - 7:28, 9:30, 13:10, 15:23, 20:16, 20:22, 22:29, 29:29, 42:20, 55:19, 57:17, 74:3, 75:26

relationship [3] - 7:8, 68:4, 68:6

relative [1] - 56:12released [2] - 31:16, 32:2relevance [1] - 66:25relevancy [1] - 64:27relevant [3] - 24:19, 62:3,

65:6relied [1] - 63:9religious [1] - 72:26rely [1] - 6:29remains [2] - 65:30, 66:16remark [2] - 44:11, 62:21remarks [3] - 62:10,

62:26, 71:9remember [13] - 20:24,

38:13, 38:16, 38:17, 41:25, 42:11, 44:3, 44:4, 44:24, 44:28, 46:3, 46:13

remembered [3] - 42:21, 44:28, 46:28

remembering [1] - 20:25remove [2] - 3:16, 14:15removed [2] - 3:17, 3:27repeat [3] - 52:3, 52:30,

55:25reply [2] - 37:15, 37:17report [6] - 12:29, 19:3,

19:9, 30:12, 61:21, 73:17

reported [3] - 15:17, 73:10, 73:20

reporting [1] - 18:29represented [1] - 65:8representing [2] - 47:19Republic [24] - 3:8, 3:15,

3:19, 4:3, 4:20, 4:21, 4:24, 5:15, 6:9, 7:5, 10:9, 17:15, 17:16,

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

8

17:28, 17:30, 20:30, 49:25, 51:2, 51:3, 52:24, 56:28, 58:23, 59:6, 59:12

reputation [1] - 50:18request [1] - 19:6requested [3] - 12:29,

27:25, 50:27require [2] - 14:12, 16:13required [4] - 3:22, 19:9,

48:27, 57:7resent [1] - 62:19reside [1] - 66:9respect [1] - 61:8respective [1] - 4:11response [2] - 64:9,

71:13responsible [2] - 2:13,

51:8rest [1] - 56:12restricted [1] - 69:23restriction [1] - 8:30result [5] - 11:17, 13:7,

18:26, 19:12, 67:5resulted [1] - 31:26RESUMED [1] - 1:1rethink [2] - 17:9, 20:18reticent [1] - 36:3retired [2] - 47:10, 47:19return [1] - 49:12returned [1] - 5:27revenue [1] - 17:27risk [6] - 17:12, 55:22,

55:29, 56:1, 56:3, 56:5road [1] - 4:23roadblocks [1] - 73:8roads [1] - 75:23ROBINSON [5] - 54:23,

54:28, 54:30, 55:28, 60:12

Robinson [3] - 54:26, 54:30, 55:25

role [3] - 51:11, 51:14, 54:3

room [3] - 23:5, 32:20, 39:9

rough [1] - 15:6round [1] - 17:26route [3] - 5:28, 15:5,

75:18routinely [1] - 14:3RRF [2] - 14:1, 14:6RUC [14] - 7:1, 13:20,

14:3, 14:6, 19:18, 24:20, 33:1, 34:11, 35:8, 67:20, 67:29, 70:29, 71:4, 75:28

rumbled [1] - 17:13rumour [2] - 61:18, 61:22run [1] - 2:19running [1] - 20:18Rural [1] - 19:8

Ssadly [2] - 62:16, 65:15safer [1] - 75:17safety [2] - 15:28, 59:14

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satisfied [1] - 74:30Saturday [1] - 74:17save [1] - 61:23saw [1] - 25:1scale [2] - 18:7, 26:18schedule [1] - 67:8scheduled [2] - 10:27,

76:13scope [1] - 72:20screen [2] - 12:9, 24:14search [3] - 10:27, 11:12,

57:6searched [1] - 57:20searches [3] - 10:23,

57:18, 57:28second [5] - 10:26, 10:27,

35:9, 44:26, 68:12second-last [1] - 35:9secondly [1] - 61:16Secret [1] - 69:14secret [1] - 62:11secretariat [2] - 70:2,

70:7Secretary [15] - 11:19,

12:3, 12:14, 12:19, 13:5, 13:13, 14:27, 67:13, 67:14, 67:16, 67:19, 68:14, 69:29, 70:4, 70:6

sectarian [1] - 72:1section [1] - 35:7security [22] - 1:13, 18:3,

18:13, 19:12, 20:7, 20:14, 20:15, 35:24, 53:19, 53:24, 53:25, 55:12, 55:14, 56:9, 66:19, 68:13, 68:20, 69:6, 69:21, 69:24, 71:5, 76:4

Security [2] - 11:30, 12:23

see [17] - 6:26, 8:25, 8:27, 10:26, 12:8, 18:26, 19:1, 24:10, 24:15, 25:16, 28:6, 35:12, 45:16, 51:26, 52:13, 52:22, 72:19

seeing [1] - 1:14seek [4] - 7:4, 40:19,

61:10, 72:13seize [1] - 9:2seized [3] - 51:15, 59:22,

59:23seizures [1] - 52:8selected [1] - 10:6self [1] - 53:10self-confessed [1] -

53:10selling [1] - 5:30senior [1] - 2:29Senior [2] - 19:2sense [2] - 50:9, 51:20sensitive [2] - 35:24,

68:29sent [2] - 18:30, 19:1sentence [1] - 36:2sentences [1] - 35:12separate [1] - 48:3

September [2] - 8:26, 66:30

Sergeant [26] - 22:30, 23:4, 23:26, 25:12, 28:11, 29:10, 30:25, 32:16, 32:19, 33:27, 36:25, 36:28, 39:9, 42:8, 42:15, 43:8, 45:22, 46:8, 46:27, 47:10, 47:19, 62:20, 64:30, 65:3, 65:7, 65:17

Sergeants [1] - 65:8series [1] - 21:21serious [6] - 8:28, 16:10,

62:21, 63:29, 74:26, 75:14

servant [2] - 47:13, 47:14servants [4] - 2:15, 2:17,

2:18, 60:7Service [1] - 73:4session [4] - 68:18,

69:16, 69:23, 69:25set [3] - 2:7, 67:12, 72:18seven [1] - 8:20several [2] - 13:20, 16:11shall [2] - 2:16, 62:4shared [1] - 14:3sheds [2] - 56:28, 57:24shocked [2] - 70:24,

70:29shocking [1] - 71:10shooting [1] - 73:10short [2] - 59:19, 70:18shortly [5] - 11:26, 29:13,

65:4, 65:18, 70:19shot [2] - 29:28, 73:20show [1] - 24:8showing [1] - 27:14shut [1] - 13:21SIB [2] - 7:9, 58:24sic [2] - 20:7, 72:12side [17] - 5:13, 5:15,

7:20, 7:21, 56:27, 57:27, 58:25, 67:16, 67:18, 67:19, 68:6, 68:16, 68:17, 69:27, 70:4, 72:30, 75:29

sides [3] - 26:20, 68:10, 68:19

significant [1] - 53:18similar [1] - 6:22simple [1] - 65:16simply [1] - 34:20Siochana [5] - 27:5, 27:9,

33:2, 33:9, 57:15sitting [1] - 76:13situation [15] - 5:2, 5:23,

7:17, 12:3, 16:26, 16:27, 17:9, 17:14, 20:22, 29:24, 31:18, 44:1, 45:16, 46:3, 58:1

situations [1] - 56:6six [4] - 22:7, 22:12, 31:3,

31:9Slab [1] - 8:18slaughtered [1] - 3:21slight [1] - 26:9slightly [5] - 5:23, 6:19,

66:22, 66:28, 68:25small [1] - 57:11smash [1] - 71:30smuggle [2] - 3:6, 18:7smuggled [1] - 4:6smuggler [3] - 10:28,

16:11, 16:20smugglers [7] - 3:16,

5:16, 5:18, 10:17, 10:21, 21:21, 22:5

smuggling [38] - 2:25, 4:5, 5:5, 9:24, 9:30, 10:8, 11:27, 12:20, 13:28, 16:28, 17:14, 17:24, 18:2, 18:9, 22:6, 25:5, 30:16, 31:13, 31:14, 49:9, 49:16, 49:19, 49:21, 50:1, 50:11, 50:12, 51:19, 51:23, 52:6, 52:19, 53:30, 54:8, 55:14, 56:2, 56:11, 56:15, 56:16, 57:27

solely [2] - 2:24, 60:4solicitor [2] - 40:26,

61:17someone [1] - 28:8sometime [4] - 10:14,

29:2, 29:8, 74:17sometimes [5] - 3:23,

9:2, 37:22, 67:13, 67:26somewhere [1] - 73:11soon [1] - 4:3sooner [1] - 73:8sorry [6] - 39:23, 43:3,

43:15, 45:4, 45:29, 50:24

sort [7] - 7:26, 8:2, 15:26, 15:27, 17:25, 69:7, 72:14

sorts [1] - 3:30sought [3] - 18:28, 19:4,

69:15sound [7] - 4:4, 18:9,

19:7, 21:20, 23:5, 39:21, 46:14

source [2] - 49:28, 50:5south [40] - 4:15, 4:28,

5:9, 5:10, 5:26, 6:11, 6:20, 6:23, 7:6, 7:18, 7:22, 8:3, 8:7, 8:19, 9:5, 10:21, 10:28, 11:5, 11:28, 12:20, 14:15, 26:25, 47:25, 50:15, 50:22, 50:28, 51:19, 52:16, 52:28, 53:2, 53:29, 56:15, 56:16, 56:24, 58:3, 58:28, 59:11, 59:21, 59:25, 75:16

southern [1] - 10:24southwards [1] - 74:22speaking [6] - 36:14,

36:15, 37:23, 57:6, 66:10

Special [10] - 7:11, 10:24, 18:16, 19:24, 20:4, 20:19, 33:23, 46:5,

59:13, 71:27special [3] - 7:12, 9:4,

67:26specific [2] - 34:17, 35:21specifically [4] - 13:14,

49:20, 50:15, 68:13speculation [1] - 13:8speech [1] - 70:12spent [1] - 2:4SPM [3] - 12:21, 12:23,

13:26spoken [6] - 18:11, 62:14,

62:15, 63:18, 63:19, 63:20

Square [3] - 23:2, 32:25, 45:19

Staff [2] - 25:26stage [4] - 4:8, 11:11,

68:13, 69:25stand [2] - 63:29, 71:14start [1] - 64:2started [2] - 5:18, 10:14State [12] - 11:20, 12:4,

12:19, 13:5, 13:14, 14:27, 22:27, 67:13, 67:19, 68:15, 70:4, 70:5

state [1] - 35:13statement [19] - 25:23,

26:13, 33:29, 35:5, 35:8, 43:4, 44:19, 45:1, 45:6, 45:10, 49:3, 63:22, 64:21, 64:28, 64:30, 65:3, 65:17

stating [2] - 44:21, 46:4Station [6] - 23:1, 32:5,

32:6, 32:25, 35:9, 73:19station [10] - 19:16, 26:4,

33:2, 34:8, 34:11, 34:12, 51:25, 51:28, 55:7, 68:30

stationed [3] - 27:27, 27:30, 28:1

stations [3] - 47:29, 51:10, 51:26

step [2] - 16:12, 71:1steps [3] - 7:19, 16:23,

71:22Stewart [1] - 70:5still [1] - 21:10sting [2] - 11:2, 11:3stock [1] - 4:13stop [1] - 48:1stopped [2] - 4:22, 51:14stories [1] - 72:28Stormont [2] - 11:18,

12:15story [2] - 72:2, 72:11straddled [2] - 49:22,

57:7straddling [1] - 56:28straightforward [1] - 52:8strapping [1] - 56:1strategically [1] - 5:6strategy [1] - 17:9Street [1] - 23:1strong [1] - 61:13strongly [1] - 72:3stuck [3] - 1:14, 38:12,

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

9

44:5stuff [1] - 5:13subject [2] - 11:22, 30:3submissions [3] - 61:20,

62:4, 63:8subsequently [4] - 3:18,

5:14, 8:21, 45:10subtlety [1] - 14:13success [3] - 7:28, 13:23,

31:25successful [1] - 58:8successfully [1] - 7:28suggest [3] - 44:14, 50:8,

51:17suggesting [5] - 50:20,

51:5, 53:21, 54:7, 54:12suggests [1] - 9:15summary [1] - 14:6Sunday [1] - 13:23Superintendent [20] -

11:16, 15:12, 19:14, 19:19, 19:26, 26:4, 27:10, 27:15, 34:6, 34:21, 55:2, 55:3, 55:5, 55:6, 55:12, 70:23, 70:24, 75:7

Superintendents [1] - 29:28

superiors [1] - 33:8supplement [1] - 13:24supplied [1] - 64:25suppose [2] - 70:10, 76:5supposed [2] - 9:16,

10:29surprised [2] - 33:1,

63:24surprises [1] - 61:28survey [5] - 13:1, 13:2,

13:4, 13:29, 14:9surveys [1] - 13:29suspected [1] - 33:3suspicion [1] - 68:28sustain [1] - 8:23sustainable [1] - 62:23sustained [1] - 51:23SWEENEY [1] - 24:13SWORN [1] - 2:1sympathies [1] - 70:28system [1] - 68:8

Ttable [1] - 74:11tag [1] - 3:26tagged [2] - 3:14, 3:15tags [7] - 3:17, 3:19, 3:20,

3:27, 3:28, 4:2, 59:27TANAISTE [1] - 72:7Tanaiste [1] - 69:27tanker's [1] - 13:6tankers [1] - 12:28target [1] - 16:17targeted [2] - 10:18,

10:21targets [1] - 10:7tasked [1] - 65:1team [5] - 10:4, 29:21,

60:1, 60:5, 68:19

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teams [1] - 48:1telephone [2] - 18:21,

75:5ten [3] - 6:15, 38:1, 66:2tending [1] - 3:5term [1] - 61:13terms [12] - 22:25, 29:27,

35:30, 36:10, 37:1, 40:18, 41:22, 46:2, 65:12, 72:30, 75:20, 75:29

terrible [1] - 72:29terrorism [1] - 17:24THE [7] - 1:1, 27:1, 34:29,

47:8, 54:28, 76:20themselves [3] - 16:1,

41:14, 51:16THEN [1] - 76:20thereabouts [1] - 64:22therefore [7] - 4:11, 4:16,

5:1, 5:19, 5:28, 39:22, 66:25

thinking [4] - 5:4, 10:11, 11:7, 11:11

third [1] - 43:5thorough [1] - 68:21thousand [1] - 6:15threat [3] - 8:28, 8:30,

15:29threats [1] - 17:12three [11] - 6:1, 8:13,

26:2, 41:30, 42:13, 44:2, 49:13, 61:8, 65:9, 67:24, 71:25

throughout [3] - 2:14, 56:19, 56:22

thwarted [1] - 13:20TO [1] - 76:20today [4] - 39:20, 39:27,

66:1, 76:12together [4] - 71:12,

74:11, 74:17, 75:1toll [2] - 5:20Tom [1] - 11:20tomorrow [1] - 30:29took [11] - 3:8, 12:1,

12:24, 34:9, 36:2, 41:15, 43:1, 44:3, 45:9, 58:7, 73:10

topics [1] - 43:20topics" [1] - 43:14total [1] - 15:8touch [3] - 7:16, 48:28,

53:8touching [1] - 65:11Tower [2] - 13:1, 13:29tractor [2] - 4:17, 4:20traditional [1] - 17:17traffic [2] - 15:10, 58:16tragedy [1] - 70:25tragic [1] - 75:13training [2] - 16:2, 16:4transactions [1] - 5:17transferred [1] - 6:24transversing [1] - 11:22travel [3] - 7:22, 58:30,

59:19

travelled [3] - 14:24, 20:24, 59:14

travelling [3] - 61:5, 61:24, 74:21

treated [1] - 19:6treatment [1] - 8:22trend [2] - 52:18, 55:18TRIBUNAL [2] - 1:1,

76:20Tribunal [46] - 11:15,

11:19, 11:30, 12:6, 14:25, 19:7, 19:25, 21:26, 22:11, 22:29, 26:12, 26:16, 29:4, 34:9, 39:28, 39:30, 40:2, 40:6, 40:8, 40:12, 40:14, 40:15, 40:20, 40:26, 41:6, 41:10, 41:14, 44:9, 45:8, 45:9, 60:1, 60:17, 61:20, 62:14, 62:15, 62:16, 63:15, 64:14, 65:6, 65:9, 65:11, 65:12, 65:13, 65:14

Tribunal's [1] - 40:17Tribunals [1] - 61:19tried [2] - 3:29, 62:12trimmings [1] - 6:14trouble [1] - 5:12truth [3] - 61:15, 63:4,

69:8truthful [1] - 64:4try [7] - 15:25, 17:28,

29:26, 42:10, 55:15, 64:1, 72:14

trying [9] - 28:10, 61:6, 61:10, 61:12, 62:30, 72:29, 73:26, 75:1

TUESDAY [1] - 76:20Tuesday [4] - 10:30,

76:13, 76:16, 76:17turning [1] - 32:3twice [1] - 52:17two [23] - 6:1, 8:13,

23:23, 26:2, 31:10, 35:12, 44:21, 48:3, 61:8, 64:29, 65:9, 65:14, 67:24, 70:28, 71:12, 73:20, 73:25, 74:2, 74:18, 74:22, 74:30

type [3] - 6:22, 57:10, 57:25

typed [3] - 45:1, 45:6, 45:9

types [1] - 48:3typical [2] - 59:22, 72:12

UUK [1] - 67:14Ulster [1] - 68:28unable [2] - 20:8, 60:6unarmed [1] - 16:6unaware [1] - 15:8unchallenged [1] - 62:11undated [1] - 12:16under [6] - 8:27, 8:30,

15:29, 23:28, 55:9, 59:7Under [1] - 12:14unease [1] - 14:29unfortunate [1] - 75:15unfortunately [2] - 9:20,

72:17Uniform [1] - 71:26unit [15] - 2:7, 2:10, 2:24,

2:27, 2:28, 2:29, 4:18, 4:20, 47:24, 47:27, 48:3, 48:4, 50:9

Unit [2] - 19:24, 73:5unit's [1] - 49:15unless [2] - 34:17, 41:14unproved [1] - 15:5unrelated [1] - 66:13untowards [1] - 42:3unusual [2] - 35:23, 53:6up [52] - 2:7, 2:26, 3:29,

4:23, 4:29, 4:30, 6:20, 6:27, 9:4, 9:29, 11:10, 11:11, 11:12, 11:23, 12:9, 14:23, 15:3, 16:6, 21:20, 22:4, 23:8, 23:10, 24:1, 24:7, 30:28, 32:21, 33:6, 33:25, 38:21, 43:21, 45:1, 45:6, 45:9, 45:17, 45:20, 45:22, 46:2, 46:4, 46:9, 46:11, 46:13, 46:15, 51:16, 56:30, 59:7, 59:18, 59:26, 73:21, 75:27, 75:28

up-to-date [1] - 15:3update [1] - 55:18updated [1] - 15:14urgent [1] - 19:6urgently [1] - 59:21

Vvalue [1] - 70:26various [8] - 10:17, 24:21,

36:15, 43:14, 43:20, 50:2, 58:14

vehicle [2] - 5:13, 12:29vehicles [6] - 6:16, 6:17,

6:19, 15:4, 15:10, 48:2verbatim [1] - 70:13versa [2] - 10:10, 59:10via [2] - 19:4, 20:24vice [2] - 10:9, 59:9vicinity [1] - 49:4victims [1] - 63:2video [1] - 1:6video-link [1] - 1:6view [14] - 14:28, 14:30,

15:2, 17:23, 18:4, 19:4, 23:14, 25:5, 55:11, 55:29, 62:3, 65:23, 69:1, 73:24

views [3] - 12:9, 18:29, 20:14

visit [4] - 11:16, 34:7, 58:13, 58:14

visitations [1] - 18:16visited [2] - 52:27, 53:2

visiting [2] - 19:24, 58:24vital [1] - 53:23

Wwants [1] - 30:29warn [1] - 17:7warned [3] - 23:3, 23:13,

37:6warning [1] - 70:10warnings [1] - 17:11WAS [5] - 2:1, 27:1,

34:29, 47:8, 54:28watch [1] - 46:14ways [1] - 71:4weapons [1] - 16:4Wednesday [2] - 24:11,

34:3week [6] - 29:28, 30:4,

52:15, 52:17, 74:17weekend [2] - 71:2, 71:20weekly [1] - 7:16weeks [2] - 41:30, 42:13well-documented [1] -

13:22well.. [1] - 41:12whatsoever [1] - 51:13whereby [1] - 72:20who'd [1] - 32:8whole [4] - 17:18, 67:21,

75:20, 75:26widely [1] - 14:5wind [1] - 16:20wise [1] - 5:7wish [2] - 1:13, 26:24wishes [1] - 62:7withdrawn [1] - 62:22withdrew [1] - 20:10witness [12] - 1:5, 19:1,

41:1, 47:4, 54:24, 61:12, 61:27, 63:14, 63:25, 64:19, 65:25, 76:15

Witness [35] - 1:12, 2:4, 11:15, 12:8, 14:22, 14:23, 19:1, 20:7, 23:22, 24:17, 27:4, 27:8, 34:6, 34:24, 35:14, 43:7, 43:9, 43:19, 43:20, 47:10, 48:25, 49:14, 49:28, 51:17, 52:16, 53:21, 53:27, 54:7, 54:30, 56:11, 58:27, 59:28, 60:16, 60:27, 61:3

WITNESS [5] - 2:1, 27:1, 34:29, 47:8, 54:28

witnesses [8] - 61:3, 61:6, 61:28, 62:13, 63:1, 63:11, 66:9, 66:13

wonder [2] - 55:1, 59:29wonder.. [1] - 66:2wondering [2] - 18:15,

35:16word [1] - 10:12words [2] - 22:18, 43:16workings [2] - 55:4,

55:17

Smithwick Tribunal - 14 June 2012 - Day 103

Doyle Court Reporters Ltd.

10

worth [1] - 6:15writing [1] - 24:18written [1] - 23:27

Yyard [6] - 3:13, 4:17, 4:19,

5:11, 5:14yards [3] - 5:3, 5:4year [2] - 40:4, 75:3years [9] - 13:19, 38:1,

38:13, 39:20, 40:6, 41:26, 42:12, 43:24, 62:12

yesterday [1] - 12:21yourself [1] - 8:9

££1 [1] - 5:21£10 [2] - 4:8, 5:30£100 [2] - 5:19, 52:21£2.50 [1] - 5:21£2.50s [1] - 5:22