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
