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Subject: Mc Kevitt trial


Author:
Stormont Watch
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Date Posted: 06:46:56 08/13/02 Tue

Fr>McKevitt trial warned to be in jeopardy
>16/04/2002 - 4:11:59 pm
>
>The Special Criminal Court has warned that the trial
>of Michael McKevitt, the alleged leader of the Real
>IRA, was in jeopardy because information on the key US
>witness had not been furnished to the defence.
>
>The court directed the State to stress to the US
>authorities the importance of the information in
>relation to Mr McKevitt's forthcoming trial. Failure
>to supply the information, which the defence claim is
>vital, will either delay the trial or prevent it from
>ever going ahead, the court warned.
>
>It emerged in court that David Rupert, a US citizen
>and key witness in the case against Mr McKevitt, was
>investigated by the FBI in connection with two
>separate criminal offences, alleged smuggling and
>money wire transfers. However, he was never prosecuted
>in connection with his alleged criminality.
>
>Defence counsel Mr Hugh Hartnett SC described Mr
>Rupert as a paid agent of the FBI and the British
>Intelligence Service. He told the court that David
>Rupert became a paid informer shortly after being
>investigated by the FBI.
>
>The court also heard that Mr Rupert, who is currently
>under a US witness protection scheme, also became
>bankrupt in dishonest circumstances. "If he was a
>dishonest man in business" he may be a "dishonest
>witness", Mr Harnett said.
>
>Michael McKevitt, the first man charged in the
>republic with directing terrorist activity, was due to
>stand trial on June 4 next.However, Mr Hartnett told
>the court it was highly unlikely that the defence
>would be in a position to proceed on that date as
>counsel is still awaiting certain documents and other
>information from the FBI in relation to Mr Rupert.
>
>Prosecution counsel George Birmingham SC told the
>court that the State had given thousands of documents
>to the defence. Additional material, compiled from a
>number of documents, had been delivered to the defence
>before today's hearing, he said.
>
>Mr Justice Barr, presiding, said the documents sought
>were
>of "fundamental importance" to the defence and are
>crucial for the trial to proceed. "That point might be
>made clear" to the authorities in outside
>jurisdictions and they should be warned of the
>consequences that may follow if they are not produced,
>Mr Justice Barr added.
>
>Mr Hartnett said certain e-mails suggested that the
>FBI and British Intelligence were deliberately keeping
>the Gardai in the dark about FBI dealings with David
>Rupert.
>
>The court was told at an earlier hearing that David
>Rupert was observed by gardai meeting Michael McKevitt
>on a number of occasions. It is alleged that over a
>two-year period, Michael McKevitt asked Mr Rupert to
>acquire equipment for the dissident republicans group.
>The court also heard that he successfully infiltrated
>the Real IRA leadership and attended their Army
>Council meetings.
>
>Michael McKevitt (aged 51) of Beech Park, Blackrock,
>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 IRA,
>otherwise Oglaigh na hEireann, otherwise the Irish
>Republican Army, and that he directed the activities
>of the same organisation. The accused denies the
>charge.
>
>It is the first prosecution for directing terrorism
>under new legislation brought in after the 1998 Omagh
>bombing. It carries a maximum penalty of life
>imprisonment.
>
>The case is listed for mention on April 30.

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