Witness in terror trial is 'street smart criminal'

FBI agent David Rupert is described by an American source as ‘‘a street smart criminal who would anything for money’’, a defence lawyer for alleged Real IRA leader Michael McKevitt told the Special Criminal Court in Dublin today.

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.

McKevitt’s counsel Mr Hugh Hartnett SC said that according to documents disclosed to the defence Mr Rupert has had a ‘‘very chequered criminal career’’.

One American source has described Rupert as ‘‘a street smart criminal who would do anything for money’’.

Mr Hartnett said the defence required further discovery and it has sought advice from American lawyers in relation to Rupert’s background.

Prosecuting counsel Mr George Birmingham SC said that the State had furnished the defence with new documentation provided by the British authorities and as far as the State was aware the entirety of the documentation from both the FBI and the British had now been given to the defence.

Mr Birmingham said that the State had concerns about the safety of Mr Rupert, who had successfully infiltrated the Real IRA leadership and was anxious to go ahead with the trial. Mr Hartnett said that the defence would not be in a position to proceed with the trial on June 4.

Mr Justice Robert Barr, presiding, said it appeared unrealistic that the trial would go ahead then and he indicated that a new date for trial would be some time early next year.

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 gardai meeting Michael McKevitt on a number of occasions.

Michael McKevitt, 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.

McKevitt was remanded in continuing custody until May 29 when the case will be mentioned again.