McKevitt trial warned to be in jeopardy

The Special Criminal Court has warned that the trial of Michael McKevitt, the alleged leader of the Real IRA, was in jeopardy because information on the key US witness had not been furnished to the defence.

The court directed the State to stress to the US authorities the importance of the information in relation to Mr McKevitt's forthcoming trial. Failure to supply the information, which the defence claim is vital, will either delay the trial or prevent it from ever going ahead, the court warned.

It emerged in court that David Rupert, a US citizen and key witness in the case against Mr McKevitt, was investigated by the FBI in connection with two separate criminal offences, alleged smuggling and money wire transfers. However, he was never prosecuted in connection with his alleged criminality.

Defence counsel Mr Hugh Hartnett SC described Mr Rupert as a paid agent of the FBI and the British Intelligence Service. He told the court that David Rupert became a paid informer shortly after being investigated by the FBI.

The court also heard that Mr Rupert, who is currently under a US witness protection scheme, also became bankrupt in dishonest circumstances. "If he was a dishonest man in business" he may be a "dishonest witness", Mr Harnett said.

Michael McKevitt, the first man charged in the republic with directing terrorist activity, was due to stand trial on June 4 next. However, Mr Hartnett told the court it was highly unlikely that the defence would be in a position to proceed on that date as counsel is still awaiting certain documents and other information from the FBI in relation to Mr Rupert.

Prosecution counsel George Birmingham SC told the court that the State had given thousands of documents to the defence. Additional material, compiled from a number of documents, had been delivered to the defence before today's hearing, he said.

Mr Justice Barr, presiding, said the documents sought were of "fundamental importance" to the defence and are crucial for the trial to proceed. "That point might be made clear" to the authorities in outside jurisdictions and they should be warned of the consequences that may follow if they are not

produced, Mr Justice Barr added.

Mr Hartnett said certain e-mails suggested that the FBI and British Intelligence were deliberately keeping the Gardai in the dark about FBI dealings with David Rupert.

The court was told at an earlier hearing that David Rupert was observed by gardai meeting Michael McKevitt on a number of occasions. It is alleged that over a two-year period, Michael McKevitt asked Mr Rupert to acquire equipment for the dissident republicans group. The court also heard that he successfully infiltrated the Real IRA leadership and attended their Army Council meetings.

Michael McKevitt (aged 51) of Beech Park, Blackrock, 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 IRA, otherwise Oglaigh na hEireann, otherwise the Irish Republican Army, and that he directed the activities of the same organisation. The accused denies the charge.

It is the first prosecution for directing terrorism under new legislation brought in after the 1998 Omagh bombing. It carries a maximum penalty of life imprisonment.

The case is listed for mention on April 30.