Court turns down McKevitt application for disclosure

The Special Criminal Court has turned down an application by lawyers for the alleged leader of the Real IRA, Michael McKevitt, for further disclosure of documentation in advance of his trial.

McKevitt's lawyers were seeking an order from the court for further disclosure of material in the possession of the FBI and the British Security Service relating to the chief prosecution witness, Mr David Rupert.

But Mr Justice Richard Johnson, presiding, said:``The court has no power to make an order that would compel the British Security Service or the FBI to make disclosure.''

The court also refused to make an order for disclosure of documents in the possession of the gardaí concerning McKevitt over a 30-year period.

Mr Justice Johnson said the court accepted the claim of privilege over the documents by Detective Chief Superintendent Martin Callinan, the head of the Garda intelligence service.

The court was told during a preliminary hearing earlier this month by Detective Chief Superintendent Martin Callinan that he believes there is a ``very real and very substantial'' threat to the lives of David Rupert and his family from the Real IRA because of his involvement as a witness in the case.

McKevitt's trial is due to go ahead early next year and is expected to last six weeks.

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

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

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

Michael 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.

McKevitt was remanded in custody until November 7 when his case will be mentioned again and a trial date is expected to be fixed for next February.