Prosecution 'bent over backwards' to provide case material
The prosecution has "bent over backwards" to provide lawyers for the alleged leader of the Real IRA, Michael McKevitt, with material relating to his case, the Special Criminal Court was told today.
Prosecution counsel Mr George Birmingham SC said that affidavits have been furnished to the defence from the British and American authorities relating to the chief prosecution witness against Mc Kevitt, FBI agent David Rupert.
He said that the gardaí had made full disclosure of all material they had and an affidavit from Detective Chief Superintendent Martin Callinan had been furnished to the defence. But because of the unusual nature of the case the prosecution had also sought to actively ascertain whether other material might be relevant to the defence.
In order to show the seriousness and the elaborate and exhaustive nature of the prosecution inquiries a number of other affidavits had been filed, including one from the British Ambassador, the Assistant Director of the Counter Terrorism Section of the FBI and a field officer with the FBI.
An affidavit was also furnished from a leading member of the English Bar whose services were engaged by the DPP. ``We have done all we can at this stage,’’ Mr Birmingham said.
McKevitt’s counsel Mr Hugh Hartnett SC said that the defence had to examine all the material that had been furnished and it may be necessary to cross examine on whether there is anything else that is discoverable or disclosable. Mr Hartnett applied for a date for legal argument on the discovery issue.
Mr Justice Richard Johnson, presiding, said the court was anxious to fix a date for McKevitt’s trial and the court remanded him in custody until July 30 when they hoped to fix a trial date.
The court was told at an earlier hearing that the main prosecution witness is Mr David Rupert, who worked for the FBI and British intelligence, and that he was observed by gardaí meeting Michael McKevitt on a number of occasions.
The court also heard that he successfully infiltrated the Real IRA leadership and attended their Army Council meetings.
The court has also heard that McKevitt allegedly met Mr Rupert over a two year period and asked him to acquire equipment for the dissident republicans.
Michael Mc Kevitt, aged 51, of Beech Park, Blackrock, Dundalk, Co Louth is charged that between August 29, 1999 and March 28, 2001, within the State, he was a member of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hEireann and that he directed the activities of the same organisation.
It is the first prosecution for directing terrorism under new legislation brought in after the 1998 Omagh bombing and anyone convicted of the offence faces a maximum sentence of life imprisonment.
