British ambassador admits exposure in McKevitt trial

The British ambassador in Ireland, Sir Ivor Roberts told the Special Criminal Court in Dublin today he had been advised by members of the British security service in Ireland and in London that all relevant material relating to David Rupert, the chief prosecution witness against the alleged leader of the Real IRA Michael Mckevitt had been disclosed to the defence.

During 10 minutes of evidence at the Green Street courthouse, Sir Ivor said he had read several hundred pages of the 2,300 documents that had been furnished to him.

t was believed to be the first time that a British Ambassador gave evidence in an Irish court and there was tight security for Sir Ivor's appearance with

Special Branch detectives escorted him into and from the courthouse.

Sir Ivor told McKevitt's counsel Mr Hugh Hartnett SC that he had sworn an affidavit claiming privilege over certain documents.

When asked why, he replied: "in essence what we are talking about is a desire to avoid putting lives at risk and to prevent the undermining of efforts to prevent and disrupt terrorism."

Sir Ivor told Mr Hartnett that he had read "wide representative statements if the 2,300 pages" presented to him. He added: " I was aware that the defence line would be to seek to undermine the credibility of a witness".

When questioned as to who gave him the documents, Sir Ivor replied: "members of the British security service" and added: "in Dublin.''

The ambassador said he relied "entirely" on the security service members. He told Mr Harnett that he had read the whole bundle of documents and selected several hundred.

He said: "They were not presented to me as files. They were presented to me as documents. They were a very large bundle of papers which I went through."

The ambassador added that it was "a reasonable inference" that the documents were extracted form a file. He said that he had read the documents in their edited and unedited form. He said that the documents were "lightly marked over'' with ink so that he could read them.

He said there was a key explaining the editing and added: "we are perfectly prepared to make available to your lordships why redactions [editing] were made and on what grounds they were made."

Questioned by prosecuting counsel, Mr George Birmingham SC, the ambassador said he was aware of the importance in the Irish legal system of an accused person obtaining a fair trial and he said this was why the British government had made the documentation available on such an extensive scale.

The Ambassador was giving evidence at a preliminary hearing on the issue of disclosure in advance of McKevitt's trial.

Mr McKevitt's trial at the Special Criminal Court is due to go ahead early next year and is expected to last six weeks.

Also yesterday, Mr Charles Fraham, Section Chief at the Counter Terrorism Division of the FBI in Washington DC, claimed privilege over certain documentation relating to the case.

Mr Fraham told Mr Hartnett that he had not personally edited the documents relating to Mr Rupert that had been furnished to the Irish authorities and he said that this had been done by a number of people in the FBI, including agents and lawyers.

He told the court that he was claiming privilege on behalf of the FBI for the national security of the United States and to protect the safety and security of a number of people, including David Rupert.

Another FBI officer, Mr James Krupkowski, the Supervisory Special Agent at the Chicago Field Office, also claimed privilege in relation to certain material.

He told Mr Hartnett that there had been an allegation by a New York State police trooper that Rupert was involved in criminal activity but he said there was no record of any such activity.

"They didn't arrest him or anyone else. If it was common knowledge about him they did nothing about it,'' he added.

Questioned by Mr Hartnett about a FBI document that alleged that Rupert was involved in using his trucking business for smuggling of illegal aliens, drugs, weapons and explosives between Canada and the US, Mr Krupkowski said that this document was relating allegations made by one New York State trooper.

"It is one individual reporting widespread criminality for which there were no arrests,'' he said. Mr Krupkowski said that Mr Rupert had been investigated in 1975 for bouncing cheques but the charges were dismissed.

He also said there had been a criminal investigation in New York State into Rupert in the 1990's but a decision was taken not to prosecute.

He was asked if he would hand over the file relating to that investigation and he replied that he would not, but added: "If the court were to order disclosure we would consider producing the file.''

Mr Krupkowski said it was FBI policy not to disclose internal documents or debriefing documents.

Michael Mc McKevitt, (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.

The hearing continues tomorrow.