Owen Corrigan

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    Licence to Lie. Freddie Scappaticci, a British agent inside the IRA, sought immunity from prosecution from British legal authorities so he could claim he was not Agent Stakeknife at a secret meeting with a tribunal in Dublin.

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    By Deirdre Younge.   Introduction. Freddie Scappaticci became an agent for British Army intelligence in 1978. A member of the IRA in Belfast he worked his way up the IRA hierarchy,  eventually becoming  second in command of the ‘Internal Security Unit”,  known as the feared “nutting squad”. He joined the British Army’s newly-formed Force Research Unit in 1982.  Scappaticci has consistently claimed he is not an agent called ‘Stakeknife’ or ‘Steaknife’ including in his dealings with the Smithwick Tribunal in Dublin. The latter was established to investigate allegations of Garda collusion in the murders of Chief Superintendent Harry Breen and Superintendent Bob Buchanan in South Armagh, after they had left a meeting in Dundalk Garda Station in March 1989. Operation Kenova investigating the agent believed to be Scappaticci has  submitted files to the Public Prosecution Service in relation to perjury charges. Scappaticci had an extensive engagement with the Smithwick Tribunal set up in 2005 which reported in 2013. Though he did not give sworn evidence his legal team argued on his behalf that he was not an agent called ‘’Steaknife’ or ‘Stakeknife’. Through letters obtained through Freedom of information requests to the Lord Advocate of Scotland and the Attorney General of England and Wales it is clear that Scappaticci obtained protection from prosecution or immunity in relation to his interactions with Smithwick from the Lord Advocate of Scotland. He did not not receive a similar immunity or amnesty from the Attorney General of the UK despite Smithwick’s assertions that witnesses from the UK and Northern Ireland had received such protection.Documents obtained through Freedom of Information requests to the (Irish) Department of Justice show Scappaticci was paid his full legal costs of 382,270 euro in 2015. The bills were paid by the Department of Justice, signed off by the Department of Public Expenditure. The Letter from the British Attorney General.   The absence of such an amnesty has enormous implications in light of perjury allegations against Scappaticci in relation to his continual denials that he is an agent called ‘Steaknife’ or ‘Stakeknife’. It also calls into question the decision by the Smithwick Tribunal, set up in 2005 by Dail Eireann, not to reveal details of covert meetings with him and the decision by the Irish State to pay Scappaticci  nearly 400,000 in legal costs, primarily to claim he was not a British Military Intelligence and MI5  Agent called Steaknife or Stakeknife. Senior legal sources assert that Scappaticci spent three days in Dublin talking to the Tribunal. Documents released by the Department of Justice under FOI in relation to substantial legal costs paid to him in 2015, indicate extensive interactions between Scappaticci and the Tribunal. Smithwick on amnesty In the opening chapters of his 2013 report Judge Peter Smithwick has a chapter on amnesty for witnesses and the legal cover afforded by the Irish Tribunals of Evidence Act as follows: Any witness before the Tribunal would have protection in this jurisdiction from criminal prosecution on the basis of evidence given before it. The protection is enshrined in section 5 of the Tribunals of Inquiry (Evidence) Act 1979 which provides as follows: A statement or admission made by a person before a Tribunal or when being examined in pursuance of a commission or request issued under subsection (1) of section 1 of the Principal Act shall not be admissible as evidence against that person in any criminal proceedings (other than proceedings in relation to an offence under subsection (2) ( c ) (as inserted by this Act) of that section) – ( and that is a reference to the offence of providing false testimony to the Tribunal) and subsection (3) of that section shall be construed and have effect accordingly. The Judge went on to explain how witnesses from outside the jurisdiction could be provided with legal cover, particularly those from Northern Ireland and the UK – “However, given the cross-border aspects of the Inquiry, it was equally important to securing the attendance of witnesses that such protection be extended to the United Kingdom. The Tribunal therefore sought and received an undertaking from the then Attorney General of England and Wales, the Right Hon.,The Baroness Scotland Q.C., to similar effect. Subsequent to the devolution of policing and Justice powers to Northern Ireland on the 12th April 2010, Sir Alistair Frasier, the Director of Public Prosecutions for Northern Ireland confirmed that he would continue to honour Baroness Scotland’s undertaking. After the change of Government in the United Kingdom…the new Attorney General of England and Wales..Dominic Grieve Q.C M.P provided the Tribunal with confirmation that Baroness Scotland’s undertaking would continue to apply. The Tribunal subsequently, at the request of Freddie Scappaticci, sought and received a similar undertaking from the Lord Advocate, in relation to Scotland. This was given in terms specific to Mr Scappaticci..”(Page 9, the final Smithwick report, 2013). Judge Smithwick went on to to refer specifically to Scappaticci in the one and only reference to him in the Tribunal report, as follows : The Tribunal subsequently, at the request of Freddie Scappaticci, sought and received a similar undertaking in relation to Scotland. This was given in terms specific to Mr Scappaticci..   The Lord Advocate of Scotland in his role as Crown Prosecutor gave Freddie Scappaticci an amnesty to cover his interactions with the Smithwick Tribunal so that he could provide “a full account” to the Tribunal in 2012. The AG of England and Wales it is now apparent gave no such amnesty to Scappaticci. Other witnesses from the UK and Northern Ireland included Scappaticci’s former FRU, British Army Intelligence handler, retired Major David Moyles, other British army officers, as well as ex RUC and PSNI officers. Witnesses also included representatives of the IRA ASU who talked to the Tribunal from 2008 onwards. First representation Scappaticci’s solicitor first made an application for legal representation in 2006 but this was refused However his legal representative, Belfast solicitor Michael Flanagan submitted his first bill in relation to meetings in 2007. Like all Scappaticci’s covert

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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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