McKevitt lawyers want FBI agent investigated

Lawyers for Michael McKevitt want American lawyers to investigate the background of the chief prosecution witness against him, FBI agent David Rupert, the Special Criminal Court in Dublin was told today.

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. Anyone convicted of the offence faces a maximum sentence of life imprisonment.

Mc Kevitt's counsel Mr Hugh Hartnett SC said that his defence team are seeking information relating to Mr Rupert's alleged criminality, ``his extraordinary business background and certain aspects of his unusual private life'' before they will be in a position to cross examine him.

Mr Rupert, who worked for the FBI and British intelligence, is the chief prosecution witness in the forthcoming trial of McKevitt who is the first person charged in the Republic with directing terrorist activity.

Last December the court provisionally fixed June 4 next as the date for Mc Kevitt's trial, which is expected to last at least four weeks. But defence counsel Mr Hartnett said today he did not think the defence will be in a position to go ahead with the trial on that date.

Mr Hartnett told the court today that the defence need to contact American lawyers to investigate Mr Rupert's background before they will be in a position to prepare for the trial.

He said that the prosecution was leaving the defence in a position where they could not begin their investigations in America because they don't know what materials are going to be furnished to them.

The court has fixed April 30 as the date for hearing a defence application for disclosure and the court ordered that the State should furnish an affidavit on the disclosure issue by April 2. The court was told earlier that the defence has already been furnished with over 2,000 emails relating to the case by the prosecution.

The court was also 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 gardai meeting Michael Mc Kevitt 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 Mc Kevitt allegedly met Mr Rupert over a two-year period and asked him to acquire equipment for the dissident republicans.