FBI agent to give evidence at Special Criminal Court

FBI agent David Rupert who is due to give evidence against the alleged leader of the Real IRA Michael McKevitt ``represents a very serious threat to a very dangerous organisation’’, the Special Criminal Court was told today.

Prosecuting counsel Mr George Birmingham SC said that the State had concerns about Mr Rupert and was anxious to get an early trial for McKevitt.

Mr Birmingham said:``He is somebody who represents a very serious threat to a very dangerous organisation. That is something we are very conscious of.’’

Mr Birmingham added:``We are conscious of the fact that Mr Rupert is somebody who set out to infiltrate at the highest level the leadership of the Real IRA. That is an act of bravery and courage.’’

Mr Rupert, who worked for the FBI and British intelligence, is the chief prosecution witness in the forthcoming trial of Mc Kevitt 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 the defence have sought disclosure of material from the prosecution relating to Mr Rupert and have said it is unlikely the trial will go ahead on June 4.

Mr Birmingham told the court today that contact was made with the FBI concerning two criminal investigations that Mr Rupert was the subject of and this material had been furnished to the defence.

He said that one channel remained to be explored with the British authorities and the prosecution wanted to be satisfied that the material was relevant before furnishing it to the defence.

Mr Justice Robert Barr, presiding, said that it might be necessary for the court to look at that material to see if it was relevant.

Mr Birmingham said that the State accepted that this was a case where there should be extensive disclosure and very extensive disclosure has taken place.

The court was told earlier that the defence has already been furnished with over 2,000 e-mails 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 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 Mc Kevitt 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.

Mc Kevitt was remanded in continuing custody until May 16 when the case will be mentioned again.