FBI witheld information from Irish authorities, court hears

A senior FBI official told the Special Criminal Court today that the FBI had withheld certain documents from the Irish authorities in the case of Michael Mc Kevitt, the alleged leader of the real IRA.

Mr James Krupkowski, the Chief Division Counsel at the Chicago field office of the FBI, admitted that the Irish DPP had not been furnished with all files relating to David Rupert, the chief prosecution witness against Mc Kevitt.

He told Mc Kevitt's counsel Mr Hugh Hartnett SC: "rummaging through FBI files is not allowed."

Mr Krupkowski said that the decision on what information to release to the Irish authorities was taken by up to 10 people including himself, FBI agents, programme managers at FBI headquarters and the National Security Lawyer.

He said that there had been lengthy meetings involving the Irish authorities and some of these meetings lasted a week.

He said: "it started in full swing in January 2001 where several agents went through files. Following that, I met three times with DPP representatives and we went through the files and went through the redactions (edits)."

He said that up to 10 people were involved over a year and a half. This involved four sessions with the DPP'S representatives where the National Security Lawyer was present and three sessions where he himself was present.

Mr Krupkowski said that the decision on what information should be withheld was primarily taken by himself, the National Security Lawyer, and other officials where a higher level of government authorisation was needed. He admitted to Mr Hartnett that he was not an expert on "Irish terrorist matters".

It was the third day of a preliminary hearing of an application by Mc Kevitt's defence for disclosure of material in advance of his trial. McKevitt's trial is due to go ahead early next year and is expected to last six weeks.

The preliminary hearing has been told that the chief prosecution witness is US citizen David Rupert who allegedly attended several meetings of the Real IRA Army Council at which Mc Kevitt was present.

Rupert who worked for the FBI and the British Security Service(MI5) since 1994 will tell the trial that Mc Kevitt asked him to get material in the United States and appointed him temporary liaision officer for his organisation in the US.

McKevitt's lawyers have argued that Rupert had a long time criminal involvement and they are seeking all material relating to his business dealings and criminal investigations into his activity.

Michael Mc Kevitt (51) of Beech Park, Blackrock, Dundalk, Co Louth is charged that between August 29th, 1999 and March 28th, 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 today.