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    A murky affair: the Garda made no progress into the IRA murder of Tom Oliver until an intervention by Drew Harris, then with the PSNI, now Garda Commissioner.

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      By Deirdre Younge. Tom Oliver, a farmer from Riverstown, on the Cooley peninsula, was kidnapped, interrogated and murdered by the IRA in July 1991. They alleged he was a Garda informant. The murder by the IRA’s punishment squad didn’t only cause devastation for his family but split the tight-knit community in which he lived. IRA men living in the area were ostracised and barred from local pubs and GAA clubs  while gardaí were told to stay away from the area. The Garda were attacked for their failure to protect Mr Oliver who had given information to them about IRA weapons found on his land. Local IRA men were believed to have been strongly opposed to the murder of the popular family man but were reportedly overruled by Belfast leaders.   Oliver was abducted by a group which included FRU/ MI5 agent Kevin Fulton aka Peter Keeley and there are allegations that Freddie Scappaticci was among those who carried out the interrogations though he has denied it. Keeley gave a vivid description of the night Oliver was snatched and named some of those allegedly  involved, at the Smithwick Tribunal in December 2011.   Drew Harris the present Garda Commissioner, then PSNI Head of Legacy, arrived at the Smithwick Tribunal in October 2012 with “new and of the moment” intelligence that a garda who had not been identified to the Smithwick Tribunal after years of private and public investigations was the ‘colluder’ who had betrayed Oliver to the IRA. Operation Kenova took up Oliver’s case and has discovered new DNA evidence. Oliver’s battered body was found a day later in Belleeks, Co Armagh. The Oliver case has been investigated and reinvestigated by the Garda in Dundalk. The latest reinvestigation just completed has found multiple flaws in the handling of the case.   Operation Kenova under Jon Boutcher took the Oliver case as part of its remit. It has now apparently found new evidence after DNA analysis was done on clothing, which appears to advance the case.  The Tom Oliver case became a central issue in the Smithwick Tribunal in Dublin which reported in 2013. FRU (British military intelligence), Special Branch and MI5 agent and informer Kevin Fulton whose real name is Peter Keeley described what he called the “abduction” of Tom Oliver, in his evidence. He gave a vivid description of the night of the abduction and of how Oliver was carried in the boot of a car to his interrogators. The cross-examining barrister, Jim O’Callaghan, acting for Garda Owen Corrigan, said of the evidence   – “you are describing the last moments of a man’s life”.  Keeley was the driver for the IRA’s  ‘Nutting Squad’ on the night Tom Oliver was kidnapped and took him to his final destination. Keeley as Fulton also implicated Fred Scappaticci in Tom Oliver’s interrogation at Smithwick. Scappaticci got legal representation to deny both that he was  involved in Oliver’s murder and that he was Agent Stakeknife! See also: Investigation: Killusion The present Garda Commissioner Drew Harris, as Head of Legacy in the PSNI, had a crucial role at Smithwick as the gatekeeper for intelligence and information from the various UK Security Services. He made a last- minute dramatic intervention  to present intelligence  emanating from M15, of the involvement of a garda who had not been identified to the Tribunal, in setting up Oliver for murder. No name has so far emerged. Drew Harris also named the senior IRA figure he claimed had ordered that Tom Oliver be shot.  See also: How Drew Harris diverted the Smithwick Tribunal. Operation Kenova and Chief Superintendent Jon Boutcher are interviewing former Gardai and others who may have evidence or intelligence about Tom Oliver’s abduction and murder. Mr Oliver was taken from near his home in Castlecarra Cooley late on the evening of the 18th July while tending cattle. His interrogation, carried out by the Internal Security Squad, was finally ‘adjudicated’ on by a senior member of the Army Council who arrived at a ‘safe house’ in Cooley after breaking off a holiday. He is believed to have overruled the local IRA officer commanding and decided that Tom  Oliver must be shot. He was then transported into South Armagh where his battered body was found the next day.  Will Operation Kenova and Jon Boutcher  finally achieve justice for Tom Oliver and his family?   OTHER STORIES ABOUT GARDA-RUC-PSNI AFFAIRS ON THIS WEBSITE BY DEIRDRE YOUNGE: How Drew Harris diverted the Smithwick Tribunal. Nailing Harry Breen Investigation: Killusion Drew Harris Drawn in. SMITHWICK’s SECRET WITNESS MI5 FLIES A FALSE FLAG. New DUP leader Jeffrey Donaldson alleged that a Garda mole was involved in the IRA murder of two RUC officers.    

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    SMITHWICK’s SECRET WITNESS

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    By Deirdre Younge. The Smithwick Tribunal concealed its relationship with Freddie Scappaticci whom it treated as a credible source of information while the Kenova Inquiry is investigating him for multiple murders. The Smithwick Tribunal found Garda collusion in murder of RUC officers, but couldn’t name the colluder.  This was partly because it allowed a motley band of FRU operatives, informants and agents  like the serial ‘intelligence nuisance’ Fulton and elusive thug Scappaticci endlessly to mislead it on who the colluder was so that, when MI5 conduit Drew Harris gave definitive evidence to the contrary, the Tribunal was forced to give what the authorities, North, South and in the UK wanted: a false finding of collusion that was impossible for anyone, particularly an unnamed colluder, to challenge. Since this article was written the Public Prosecution Service of Northern Ireland has decided not to press charges relating to perjury against three people – two public officials and another, believed to be Freddie Scappaticci, on foot of files submitted by Operation Kenova.  The present DPP N.I Stephen Herron, appears to have accepted that Scappaticci was entitled to rely on the ‘defence of necessity’ in May, 2003 when he took a judicial review against Jane Kennedy, a Minister in the Northern Ireland Office. Scappaticci had asked the Minister to deny allegations in the media that he was the agent called ‘Steaknife’ or ‘Stakeknife’ which she refused to do on the grounds that it was standard policy to give a  ‘neither confirm nor deny’ (NCND) response to  questions related to National Security. The Minister’s decision was upheld in August 2003 when Scappaticci’s application for Judicial Review was dismissed.  An official in the Public Prosecution Service in 2006, reviewing Scappaticci’s sworn statements of 2003 on foot of complaints received, accepted that Scappaticci had committed perjury but that he was justified in claiming that he was not the agent ‘Steaknife’ or ‘Stakeknife’ in the circumstances, as to do otherwise would have put his life in danger – the ‘defence of necessity’. That decision was itself reviewed in 2018 by the then DPP Barra McGrory with the consequences explained below. The latest decision by the DPP Stephen Herron therefore, accepts Scappaticci’s defence.   Freddie Scappaticci, the British spy who came to Dublin to testify. Chief Constable Jon Boutcher, from Bedfordshire Police, is leading operation Kenova whose independent team is investigating a range of activities surrounding an elusive individual intriguingly codenamed Stakeknife, or Steaknife. Kenova detectives arrested and interviewed the British Army agent Freddie Scappaticci, a 72-year-old Belfast man, in early 2018. He is widely suspected of being that individual. A member of the Belfast IRA from the early 1970s, he was recruited as an agent for the Army’s Intelligence Corps in the mid to late 1970s. He moved to British Army intelligence Force Research Unit (FRU) in Northern Ireland which secretly penetrated terrorist organisations in 1982 with his then handler, Major David Moyles, who instructed him and channelled his information.  Scappaticci was observed operating around Dundalk and the Border region North and South from around 1982 until 1990. He is believed to have attempted to take over a unit run by another IRA man in Louth in the early 1980s. He was also described as the co-ordinator of its North-South operations. Later he was second in command to JJ Magee in the Internal Security Unit which conducted IRA interrogations along the border. He is linked to at least 20 murders.  But he fell out with the IRA, and in with MI5 and its emanations which paid him £80.000 a year. Serious allegations have emerged to the effect that, to protect his cover, the British government allowed up to 40 people to be killed via the IRA’s Internal Security Unit or ‘Nutting Squad’ which he led.  It appears Kenova is pursuing several perjury cases against Scappatacci for denying he is Stakeknife or Steaknife.  Some are sceptical whether he will be held to account as it has, for example, been alleged he retains tapes of his dealings with his handlers. A number of individuals connected to the Stakeknife scandal, and keen for an accounting, have claimed perjury is the easiest way to ensure the alleged spy will appear in a court of law. According to Henry McDonald in the Guardian, “The whistleblower who first publicly identified Stakeknife as Scappaticci, the former Force Research Unit soldier Ian Hurst, has described the perjury route as a ‘slam dunk’ if Boutcher and his detectives decide to prosecute on that front”. The focus of this article is on how such an eminently unreliable persona was allowed to elaborately subvert the naïve and misdirected Smithwick Tribunal that reported in the Republic in 2013. One gauge of the unreliability is perhaps that in court in 2019 counsel for Britain’s Ministry of Defence revealed the total number of lawsuits against the alleged spy. Tony McGleenan QC said: “There are 31 claims. Some have taken the form of correspondence [but] 24 writ actions have been issued. All of these name the second defendant (Scappaticci)”. Scappaticci had been outed as the alleged agent Stakeknife or Steaknife at the time of the Stevens Inquiry in London in 2003. The outing is credited to his sometime associate Peter Keeley aka Kevin Fulton. But it is also attributed to a former Sergeant in the Army Intelligence Corps and FRU, Ian Hurst aka Martin Ingram. Scappaticci was also the subject of allegations in relation to the Tom Oliver murder in County Louth in the book ‘Stakenife’ published in 2003 by Journalist Greg Harkin and Ian Hurst under his pseudonym Martin Ingram. That’s three different lineups alleging the identity. Keeley and Hurst are egregiously shadowy figures who were to feature in the Smithwick Tribunal and whose allegations led to Scappaticci being afforded unlikely credence and indeed getting legal representation there.  Members or agents of British Army Intelligence  were to play a huge role in the Smithwick Tribunal which investigated whether there was collusion between the Garda in Dundalk and the IRA killers of two RUC officers, Chief Superintendent Harry Breen  and Superintendent Bob Buchanan, who were shot dead

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    Investigation: Killusion

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    The Smithwick Tribunal was set up in 2005, by the Irish Government on the advice of Michael McDowell, then Minister for Justice, and sat in public in Blackhall Place from 2011 until 2013, examining the possibility of Garda collusion in the deaths of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, of the Royal Ulster Constabulary (RUC) who were murdered North of the Border in March 1989, after a brief meeting in Dundalk Garda Station. The purpose of the RUC officers’ visit was to discuss a move against the IRA’s Tom ‘Slab’ Murphy, which had been ordered by then Northern Ireland Secretary of State, Tom King. The Smithwick Tribunal ended up in 2011 with a strange, abstract, finding of ‘collusion’ in the murders of the two RUC men. Though it found “no smoking gun” in Dundalk, the Tribunal weakly decided there was indeed less specific evidence of “collusion by gardaí” in the murders. Dutifully, Enda Kenny described these findings as “shocking” and a public and media jaded in affairs Northern determined rather vaguely to remember that Smithwick was about a search for evidence of collusion which it had somehow found. What is extraordinary is that Smithwick provided no name for the ‘colluder’, though it clearly for a long time thought it was Owen Corrigan – even though it wasn’t. One of the reasons for this is that there may in fact have been no Garda colluder, a big embarrassment for those who felt a tribunal needed to be instigated and, worse, for those who conducted the inquiry without ever drawing attention to the inaccuracy of the premise that led to it but who saved face by continuingly, through the eight years of its existence, pretending there was one, albeit with less and less specificity. Smithwick was swayed into its collusion abstraction by the PSNI (which succeeded the RUC) giving untestable, very-late evidence to the Tribunal privately naming a fourth garda who was more plausible than Owen Corrigan as the colluder. Fulton: the man whose evidence led to a falsely perceived need for the Tribunal Smithwick always focused on Corrigan as the colluder because the Cory Inquiry, which prompted the Smithwick Tribunal, unduly relied on the 2003 evidence of a dissembling double agent known as ‘Kevin Fulton’ – now challenged by a source who spoke to Village – that Corrigan gave deadly information to the IRA about the RUC men. In its report the Smithwick Tribunal stated [at 15.1.2]: “This statement was a key factor in Judge Cory’s decision to recommend the establishment of this Tribunal, and Kevin Fulton was therefore an important witness before this Tribunal”. In any event Fulton actually seems to have later changed his story (when giving evidence to Smithwick in 2011) to say that Corrigan gave information to the IRA only about a 37-year-old Cooley farmer, informant Tom Oliver, who An Phoblacht then accused of passing on information to Garda Special Branch. Oliver was kidnapped, allegedly interrogated by Scappaticci and subsequently murdered. The changed story was that Corrigan gave information about Oliver, not about the doomed RUC men; but even the changed story was expressly and ignominiously disavowed by Smithwick, under pressure in a recent High Court case, to the extent it implied that Corrigan’s information led to Oliver’s death. In other words everything related to Fulton collapsed, despite Smithwick’s paean to him. Kevin Fulton had begun to engage with the Smithwick Tribunal in 2006. In its opening statement in 2011, the Tribunal made it clear that “Mr Fulton has elaborated on and expanded the statement he provided to Judge Cory”. The expanded statement was given to Corrigan’s lawyers in November 2011. For the first time they saw the central allegation made by Fulton which sensationally implicated Freddie Scappaticci, ‘Stakeknife’. It did not concern the murders of the two RUC Officers but instead implicated Sergeant Owen Corrigan in giving information which would lead to the death of an alleged IRA informer, Tom Oliver. The first reason not to believe Fulton is that a book about him makes no mention of any of this. Admittedly Fulton now distances himself from the graphic book called ‘Unsung Hero’ about his life but this is chiefly understandable as an expedient in the face of the, at least nine, PSNI Investigations arising from it, and the many civil actions in the pipeline. He has already had to pay compensation to the family of Eoin Morley, a Newry man shot dead in 1990, after failing even to enter an appearance in the Belfast High Court to proceedings by his mother. Nevertheless it is undeniably notable that at no stage in the book does Fulton mention a garda in Dundalk station passing information to the IRA, though it was scarcely something he’d be expected to omit. Nor is there any other evidence – of any sort – that he passed information about Corrigan or other Dundalk gardaí, to his handlers. Bizarrely Smithwick warmly endorsed Fulton, a man who had made a lifetime “career” of deception, as a highly credible witness, in his final report, even in effect if he completely and absolutely disavowed him in the subsequent legal action. Surprisingly, Smithwick was to say of Fulton: “He sat only metres from me and I observed him throughout. He was a very impressive and credible witness and I have formed the view that his evidence was truthful”. However, clearly there is a shadow over the statement from Fulton which inspired Cory’s call for what became the Smithwick Tribunal. If this is so it rewrites the history of both inquiries. Fulton’s’ similar role in other high-profile investigations will emerge in the coming months. But what exactly was the core allegations that convinced Cory and then hung Smithwick out to dry? This is the Fulton Statement as published originally in the Cory Report in 2003: “In 1979 I enlisted in the British Army. Within months of my posting, I was recruited by a British Intelligence Agency to act as an agent. In this capacity, I

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