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JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN’S RIGHTS (Sub-Committee on the Barron Report) díospóireacht -
Tuesday, 31 Jan 2006

Public Hearings on the Barron Report.

At its previous meeting, the sub-committee heard testimony from the Ludlow-Sharkey family, Justice for the Forgotten and British Irish Rights Watch, all of whom I thank for contributing to our discussions. Today, we will hear from a number of former gardaí and office holders who are familiar with the issues before us. I re-emphasise to witnesses that while members enjoy absolute privilege in respect of these proceedings, those attending and assisting us enjoy only a qualified level of privilege which does not provide the same level of protection as that afforded to Deputies and Senators.

I welcome John Courtney, former detective superintendent, for whose appearance I am very grateful. His attendance is voluntary and we appreciate very much that he has made himself available to be of assistance to the sub-committee in its hearings on the inquiry of Mr. Justice Barron into the murder of Seamus Ludlow. Does Mr. Courtney wish to say a few words at the outset?

Mr. John Courtney

Mr. Justice Barron carried out his investigation into this murder. I gave evidence at the inquiry. I agree that what he said in his report was accurate and truthful.

I would like to make a few points on my investigations into the matter. Following the receipt of information from the RUC regarding the name of the suspect, I submitted my report through the channels of communication to the Commissioner of C3. I was surprised when I got this book after Christmas to discover that this information had already been received by the Commissioner of C3. That was the first I knew about it. I am disappointed that the Commissioner of C3 had not told me this, given that I had been very much in touch with him at the time, as many subversive murders and other crimes were being committed and there was a great deal of interaction between him and me. I felt I should have been told C3 had that information but I was never told. C3 was responsible for the investigation and making arrangements to have the suspects interviewed and possibly extradited at a later stage. I had nothing to do with this. My position was to report the facts as I got them from the RUC, the names of the suspects, which I did.

I was in regular contact with C3 because I investigated many subversive crimes at the time. As a result I was in verbal communication with C3, very often with Chief Superintendent Fitzgerald and Detective Sergeant Dan Boyle, both of whom had important posts there at the time, and they were in verbal communication with me. When a crime was committed down the country, one had to go there as quickly as possible. Another question arose regarding verbal communication. I knew those people very well and spoke to them every other day. That is how I came to speak to Detective Sergeant Boyle about the investigation. I was surprised when he told me nothing would be done about it. That was the end of the matter and I could do nothing about it. When I gave him the information, he said nothing would be done about it.

Another point was made regarding the channels of communication, that I had received correspondence that I did not answer. I sent replies as soon as possible to all correspondence I ever received in the Garda, including any relating to the investigation. I have no doubt about this. The fact that they cannot be located does not mean I did not reply at the time. I spoke to Detective Superintendent Dan Murphy who was in charge of the Ludlow investigation in Dundalk at the time. I told him the names of the suspects we had received from the RUC. Detective Superintendent Murphy was a very capable detective. We worked together for many years on various investigations. He said he would follow up the matter and make arrangements to have the suspects interviewed. I do not know what happened after this. I did not hear any more about it. I was very disappointed that something was not done about having those suspects interviewed at the time.

All I could do was report the facts and take directions if I was asked to go to interview them, to arrange with the RUC, but I was not told. I was not even told that this information had already been received from the RUC — the same information that I gave to them on the four suspects — even though I was in contact with C3 branch very often at the time. I would be in charge of many investigations. I would be ringing them up and they would be asking me how the investigation was going and I would tell them. It was a very busy time as far as the Garda was concerned. There were many subversive murders at the time and other serious crimes — bank robberies and all that. Those are the important points that I wanted to make, outside of the judge's report. I will deal with his findings in that report and I think they are accurate and truthful as far as I am concerned.

I thank Mr. Courtney. The sub-committee will ask him a few questions, if that is acceptable.

Mr. Courtney

All right. I will do my best to help.

I appreciate that very much. I call Deputy Hoctor, who will be followed by Deputy Costello.

I thank Mr. Courtney for attending. We appreciate his presence in view of the fact that he is not under any compulsion to be here. We are glad that he is with us.

I have just a few questions. I refer to page 12 of the report, which refers to the morning and the scene of the murder. It refers to Superintendent Jim Gannon who received the radio call and went to the scene of the crime. It states that there was another Garda officer with him. Was Mr. Courtney that officer?

Mr. Courtney

No. We did not arrive until Sunday afternoon, when Superintendent Murphy and I got to the hospital. He was there with Dr. Harbison for the post mortem. After the post mortem, we went to the scene of the shooting. When the sergeant arrived, we were not there at the time. It was long afterwards when we arrived. They had to ring Dublin and we had to make arrangements to go there. It was late in the morning or certainly the afternoon before we arrived.

I see. I just wanted to clarify that. Looking at Mr. Courtney's part in this story, he was there from the very beginning. He was a Garda officer and then a detective. He was a Border superintendent based in Dundalk, promoted in September 1978 from detective inspector with the murder unit. Is it correct that he assisted Superintendent Murphy?

Mr. Courtney

That is right, yes.

It would appear, from pages 20 to 25 of the report, that a great deal of correspondence came from C2 to the barracks in Dundalk. There did not seem to be the same response going back as was requested.

Mr. Courtney

Pardon?

The requests for responses were not always answered from the station to which Mr. Courtney was appointed. Can he elaborate on the relationship between C2 and the staff at the Dundalk station?

The Deputy is referring to C3.

I apologise, it is C3.

Mr. Courtney

As I have already said, it was my practice to answer all correspondence sent to me. It is not because it cannot be found but I have no doubt whatsoever in my mind that I answered all that correspondence. I do not know what happened to it but I replied to every question I was asked at the time. I was involved in many investigations and there would be correspondence waiting for me when I returned to my office in Dublin. I would spend a whole day or perhaps two days answering it but I always made it my business to answer that correspondence. That was my practice at the time. Just because it cannot be found, does not prove I did not answer it. It could be lost; I do not know. It was many years ago. I was really interested to have those suspects followed up. It was part of my job at the time to have them interviewed because I was satisfied that they were good suspects for the murder.

Was it customary that they were not followed up on or was Mr. Courtney surprised that this particular case appeared to be put aside rather than pursued to the end?

Mr. Courtney

I do not know what happened. The late John Murphy told me that he was following it up. I left it with him. I got no further correspondence about the matter afterwards. He said he was making arrangements to go to interview those people. I heard nothing after that; it just fizzled out.

Does Mr. Courtney remember when that was? Was it in 1980?

Mr. Courtney

It was when I told him. That would be 1979. When I got the information, I reported it to C3 and I told him about it. Sometime afterwards — perhaps a few months later — he said he was going to make arrangements to see them. They were never interviewed — I am satisfied about that. There was no more correspondence with me about the matter. John Murphy would have been in charge of that murder investigation at the time and he was still in charge of it.

It would appear that the Garda investigation came to an end in December 1976. From 1976 to 1979, nothing happened until the RUC made contact. Will Mr. Courtney indicate how it wound down so swiftly and talk about the period between 1976 and 1979?

Mr. Courtney

A number of gardaí would have still been investigating any murder all the time. It would never lie dormant. It would be investigated, mainly by the local detectives in Dundalk and they would have been in touch with Detective Superintendent Murphy in Dublin. If there were any developments, he would go to Dundalk and help out. It would not be lying dormant; there would be a certain amount of follow up of certain information coming in.

How was the relationship between the Garda and the RUC, given that they were working so closely along the Border?

Mr. Courtney

It was very good — generally all right. The day I was in Belfast in 1979 with the Detective Sergeant Corrigan, we were up for another matter altogether. We were surprised and delighted that two detectives came forward and gave us the names of the suspects. We thanked them, even though they had received the information 18 months before. I found the relationship all right. I would not have been in touch with them every day. We could have been down in west Cork investigating a murder, or in Monaghan or Buncrana. At the time of the bombing of Dundalk, I was not happy with the co-operation I got from the RUC. Two people were killed and I thought the RUC could have done better. Otherwise, generally, it was all right.

I will pass to Deputy Costello. I thank Mr. Courtney.

I welcome Mr. Courtney. We appreciate everybody who voluntarily appears before the committee and works with it. In the initial inquiry in 1976, did the Garda have any leads or suspicions that it was unable to follow? What information was available in 1976? It seemed the investigation did not go anywhere. What directions was the Garda considering?

Mr. Courtney

We had an open mind on the investigation. We investigated it from all angles, keeping in mind that it could have been an ordinary domestic murder, a Provisional IRA or UDA murder. We had no definite suspects or line of inquiry.

Was any contact made at that point with the RUC?

Mr. Courtney

I am sure it was. I cannot recall now. In those cases we would have been in touch with the RUC.

Were there any firm leads?

Mr. Courtney

There were no leads.

When Mr. Courtney met his RUC counterparts in Belfast on 15 February 1979 did they say how long it had been since they received information on this matter?

Mr. Courtney

They said they received it approximately 18 months before that meeting.

That would have been in 1977.

Mr. Courtney

Yes.

What type of evidence did they give about how they acquired the information?

Mr. Courtney

There were two detectives there but I did not ask that question. Their account of their investigation satisfied me that they were good suspects for the murder. They gave me details about how the crime was committed and the activities of the four persons involved. It was not a case of saying that four UDA men crossed the Border and shot the man. They had many details of what happened that night. I was happy enough with their story at the time and that the people involved were good suspects for the crime.

Was there any suggestion at the time that the people who crossed the Border that night were following a specific suspect whom they intended to assassinate? Did that come up in the discussion?

Mr. Courtney

That did not come up. I suppose they went down probably with the intention of shooting somebody. I do not know but they did it.

Was there any suggestion that there was a direct purpose to target a particular individual?

Mr. Courtney

Not as far as I can recollect. They gave Sergeant Corrigan and me good details about the incident. I knew from my experience of investigations as a garda they could not have been making the story up. I felt that I was hearing the truth about how it was done.

Will Mr. Courtney give us his assessment of the material presented to him? Did he believe that there was firm enough evidence to prosecute?

Mr. Courtney

I felt that the people should be interviewed and investigated.

The interview never took place.

Mr. Courtney

No.

The report here indicates strongly, based on the statements, that the superintendent alone dealt with this discrete aspect of the investigations. There were several instances where it was indicated that Superintendent Courtney was responsible for pursuing that aspect of the investigation.

Mr. Courtney

That is correct. I sent it on to C3 whose duty it was to make arrangements to have the people interviewed. My function was just to report the matter, to pass on the information.

It is stated on page 50 of the report that Superintendent Courtney personally dealt with any action to be taken concerning the suspects. That was part of the report made in 1998. Did Mr. Courtney have full and total discretion in regard to this matter?

Mr. Courtney

No. I merely reported the facts to C3 whose duty it was to make arrangements to have the people interviewed. I would have no authority to go to the North and interview any suspects.

Even though Mr. Courtney was the superintendent in the Border area. He was based in Dundalk at the time.

Mr. Courtney

My function related to investigations within this State. I had no power to operate outside the State, and go to Belfast or wherever else, unless I got direction from C3. I was not given any such power or directions.

So Mr. Courtney asked Detective Sergeant Dan Boyle, who was, by and large, Mr. Courtney's link person with C3?

Mr. Courtney

I was in touch with him regularly because he was in C3, along with Michael Fitzgerald. I would be in touch with him if I were investigating a Border murder, or a subversive murder down the country. If Michael Fitzgerald was not there, Detective Sergeant Boyle would deal with me. I knew him well, and that is why I communicated verbally with him. All our communications were verbal. He knew me well and I knew him. He told me that no action had been taken and as far as I was concerned, that was that.

Did he tell you he had discussed the matter with Mr. Larry Wren, then chief superintendent, as is stated on page 51 of the report, and that Mr. Wren had advised Mr. Boyle that no further action was to be taken in the case?

Mr. Courtney

I am certain about that and there is no doubt in my mind. I remember because I was very disappointed, and I told Detective Sergeant Corrigan the bad news. He was with me in Belfast that day and was also very disappointed that nothing was being done.

What reasons were given?

Mr. Courtney

The reason given was that if the four suspects were extradited, the RUC would be looking for four IRA suspects to be extradited to Belfast.

Was that the implied reason, or was it said to you?

Mr. Courtney

That is what Detective Sergeant Boyle said to me on the phone. I am 100% certain of that because I was so keen to have those people interviewed. After all, Mr. Ludlow was murdered and it was our duty to investigate the murder like any other murder, no matter who he was or what he was doing. I was totally disappointed when Detective Sergeant Boyle said that according to Mr. Wren, no further action would be taken. That is the truth.

Detective Sergeant Boyle would have been a relatively low-ranking officer. Did Mr. Courtney consider going higher?

Mr. Courtney

No, because during that time I was in regular contact with C3. Michael Fitzgerald was the chief there, and if he were not there I would talk to Dan Boyle. Both of them held important posts there. No member of the force can question the Commissioner's authority. A garda, sergeant or superintendent cannot ask the Commissioner why he is not doing something about a particular matter. I had no authority to question Mr. Wren or anyone else why something was not being done. I asked Dan Boyle because I knew him. He would ring me about different things and I would ring him, or Michael Fitzgerald.

Is Mr. Courtney quite satisfied about the authenticity of what was said?

Mr. Courtney

It never left my mind because Detective Sergeant Corrigan and myself were wondering when we would be asked to go to Belfast to interview people. I had no bad feelings about it afterwards because I just went on to investigate other murders up and down the country. That was part of my day's work.

With regard to the question of correspondence raised by Deputy Hoctor, what type of letters were written? Did Mr. Courtney have a secretary who typed the letters, or were they handwritten?

Mr. Courtney

I answered all the correspondence myself because it was very personal, and I would not allow anyone else to do it.

Did Mr. Courtney post the letters assiduously?

Mr. Courtney

Yes. I am 100% certain of that. It was always my practice. The fact that the letters cannot be located now does not mean I did not answer the correspondence.

Were copies of the letters kept in Dundalk or elsewhere?

Mr. Courtney

No.

Things were not done in triplicate at the time.

Mr. Courtney

I always answered in my own handwriting, since I would be also dealing with cases in the country, in places such as Dundalk. I would come back from my case, sit in the office and answer all the correspondence waiting for me. If there was anything important, the sergeant in the office would ring me up. Wherever I was, he would say it warranted immediate attention and I would oblige. The correspondence would go through Chief Superintendent Dan Murphy, since he was in charge of C4 at the time. We were in C4 and it would go to him.

It would go to him, but it should be in the files with C3. Regarding the investigation, was Mr. Courtney in contact with the Ludlow or Sharkey families?

Mr. Courtney

Yes, I visited the family at least twice in the course of the investigation and at the early stages. I spoke to them and told them that we were doing our best. I got on well with them and they did not make any complaints to me at any stage when I was at the house. I said we were doing our best to try to find the persons involved.

Was Mr. Courtney aware at any stage that there had been some suggestion the IRA might have been involved or that they might have been members of the IRA? Was there any slur on the integrity of the Ludlow or Sharkey families?

Mr. Courtney

No. All those subversives would have been kept in mind, simply because it had happened near the Border. However, there was no suggestion the IRA had been involved. The family did not ask me anything about that when I was in the house and I never said to them that the IRA had been involved. They were very courteous towards me and I was the same with them. I did my best and got the name of the suspect. All that I could do was send it to headquarters.

Has Mr. Courtney ever regretted since that the matter was not pursued?

Mr. Courtney

That is the point. It was not followed up.

Does Mr. Courtney believe he could have secured a conviction?

Mr. Courtney

I believed that at the time. One must strike when the iron is hot. We should have interviewed them at the time, not years afterwards, since the trail grows cold as the years pass by.

I thank Mr. Courtney.

Did Mr. Courtney ever speak directly to Mr. Larry Wren in his position as head of C3 at the time?

Mr. Courtney

No, I did not.

I thank Mr. Courtney for attending. He has been extremely helpful so far.

I would like to pick up on a point Deputy Costello raised, namely, the key decision in this matter. Who decided to send someone — it would have been Mr. Courtney — to Belfast to conduct the interviewing, or not do so? I believe Mr. Courtney stated he would have been the person sent but that the decision to send someone was not his to make. I would like to discuss that matter. It is stated on page 24 of the report that no reply was received to a letter from Chief Superintendent Richard Cotterell to Dundalk until 18 May, when the response from Detective Superintendent Courtney, handwritten in line with his practice, was as follows.

I have discussed this matter with D/Supt D. Murphy, and he told me that at present he is involved in an interview — D/Sgt to D/Inspector. Immediately after the interview he will make the necessary arrangements regarding travelling to Glasgow to interview the suspect there.

Obviously, one of the suspects was in Glasgow at the time. The note states Detective Superintendent Murphy would have been the one to make the necessary arrangements for travel to Glasgow. Does that tie in with what Mr. Courtney was saying about who would make the decision regarding travel?

Mr. Courtney

He would get it from C3. In other words, I told him about it and gave him the names of the suspects. He was in charge of the murder investigation and it was his responsibility to follow up this matter. He would not go to Scotland unless he had the authority to do so. One could not go outside the State in that manner without permission from C3.

However, Mr. Courtney wrote of Chief Superintendent Murphy, "he will make the necessary arrangements regarding travelling to Glasgow to interview the suspect there".

Mr. Courtney

I am sure he had been given permission. I am not certain what happened but that is what he told me at the time.

Would Mr. Courtney have assumed that Chief Superintendent Murphy would only have agreed to make those arrangements if he had the authority from C3 to do so?

Mr. Courtney

I do not know. He told me he was making the arrangements. I knew then I would not be going and I did not mind that.

Does Mr. Courtney contend it was Assistant Commissioner Wren who made the decision on whether to question these suspects?

Mr. Courtney

I do not know what the position was in this regard. He was probably told to do it. I reported to him and gave him the names of the suspects.

Mr. Courtney clearly indicated it was the practice that nobody in the force would question the decision of a Commissioner. I understand this has long since been the practice. Is it the case that the decision in this instance

was made by somebody other than the Commissioner and was not questioned?

Mr. Courtney

I do not know who made the decision.

Did the instruction come down——

Mr. Courtney

Deputy Power should take this up with Dan Murphy.

——from Assistant Commissioner Wren?

Mr. Courtney

I assume it came down from him but I am not certain.

All Mr. Courtney knows is what Detective Sergeant Foyle told him.

Mr. Courtney

That is correct. That is all the information I had.

In regard to Deputy Costello's question, we heard many submissions from the family last week to the effect that, in 1976, a number of gardaí strongly suggested the IRA was involved in Seamus Ludlow's murder. This does not seem to be the case, however, when the family spoke to Mr. Courtney in 1979. I am aware he did not make the suggestion that the IRA was involved. Did the family at that stage say to him that, three years previously, his colleagues clearly suggested such involvement?

Mr. Courtney

No, they did not.

I thank Mr. Courtney.

My question relates to the practice of gardaí crossing the Border in the course of investigating murder cases. The committee has correspondence from a gentleman who says that in December 1975, gardaí permitted armed members of the RUC to interview him in Dundalk Garda station. Does Mr. Courtney contend members of the Garda were involved in similar actions on the other side of the Border?

Mr. Courtney

One could not go across the Border unless one had permission to do so.

Was such permission often granted at that time?

Mr. Courtney

It depended on the case under investigation.

Was Mr. Courtney aware of many instances when such permission was granted?

Mr. Courtney

No, because I was not stationed near the Border and would not often be there.

In general, throughout the force, was Mr. Courtney aware of such permission being granted?

Mr. Courtney

It might happen on occasion that one required permission to cross the Border. Once that permission was granted, one could go back and forth without seeking renewed permission in each instance. All these interviews in the North were conducted by the RUC. Gardaí were there only to assist the RUC officers and give them information about the case, on such matters as location and so on. One would pass the information on to the RUC officers and then interview them. It depended on the case.

As a professional policeman, was Mr. Courtney surprised to discover that among the suspects in this crime were members of security forces from the North? Were there always suspicions in this regard given the situation at that time?

Mr. Courtney

I was not surprised because I had already worked on the case of the murder in Buncrana of Oliver Boyce and Bríd Porter, shot dead at the Border. I investigated that crime with colleagues, for which a member of the UDA was charged and extradited to Dublin to appear at the Special Criminal Court. He was in the UDA. I dealt with him. When he was arrested in Derry I went there from Buncrana and passed on whatever information I had to the RUC and, as a result, he admitted his part in the murders — shooting that couple, very serious murders. He was extradited — a fellow by the name of Taylor, a member of the UDA.

I interviewed members of the UDA arrested in Monaghan about what they were doing in the South. I will not mention here what they were doing but they were charged. Each of them was sentenced to seven years in prison by the Special Criminal Court in Dublin. They were three members of the UDA. That was in Monaghan around those years — maybe 1973 or 1974. It was not news to me about those people.

It was not news to Mr. Courtney. There was no question of turning a blind eye to it by some people in the Garda at the time.

Mr. Courtney

Not at all. We took that very seriously.

I concur with the welcome to Mr. Courtney. On page 24 of the report there is a note of a handwritten response I think from Mr. Courtney in relation to discussing the matter with Chief Superintendent Dan Murphy who said that he was involved in the interview and that he was preparing and making the arrangements to go to Glasgow to interview. Did Mr. Courtney follow it up with Chief Superintendent Murphy subsequently to find out why that was not happening?

Mr. Courtney

I do not remember but I am sure I would have asked him about it. It just faded away anyhow — that there was nothing done about it.

How many times during that period would Mr. Courtney have had occasion to go north to speak to the RUC in regard to suspects in other cases, apart from this one?

Mr. Courtney

Does the Senator mean during the 1970s?

Say from 1976 to 1980.

Mr. Courtney

When the bomb went off in the courthouse in Dundalk two people were blown up and killed. I went to Belfast because the car that was used to bring down the bomb was found there. I went up there to try to find out about the car, who owned it and so on. That was one time I went up. I think the second time was to follow up on those two murders in Dundalk. That is how the information came up about Ludlow. It was not a regular thing to go to Belfast. We would not go up there very often. Maybe if we were up in Monaghan, we might be doing an investigation. We rarely went up there.

What was the purpose of the visit on 14 February 1979? I know information came up about the Ludlow murder when Mr. Courtney was there but what was his intention in going up there?

Mr. Courtney

Whatever I wanted to ask them aboutmust have been about the bomb in Dundalk because we were following that up at the time. It was a very serious crime and we were doing our best. That was one thing anyhow. Some people may have been coming down to carry out robberies or something in Dundalk. I knew people in the RUC.

Was Mr. Courtney involved in the investigations into the Dublin and Monaghan bombings?

Mr. Courtney

I was not involved in the Monaghan or the Dublin bombs because at that time, I was in Cork city where a young child had been murdered. There was an outcry in Cork about who had done it. I stayed in Cork as I was told to remain there. We solved that crime and we got the fellow who had killed the child, an 11 year old girl.

I refer to the other visits Mr. Courtney would have made to the North during that period in respect of other offences committed in this jurisdiction. Was there any follow up on any of those in regard to suspects identified by the RUC or did they all just go cold as this particular one did?

Mr. Courtney

To which case is Senator Walsh referring?

I refer to the other cases about which Mr. Courtney would have gone to the North to inquire.

Mr. Courtney

In regard to the bomb in Dundalk, we got information about it and followed it up as best we could but they were all negative results. We were there up in Buncrana. We were on to the UDA and we got one of the persons involved and we charged them. There was a follow up there. We kept with them all the time.

Was anybody brought to justice for any of those offences?

Mr. Courtney

For the bombs?

For the bombs or anything else investigated by Mr. Courtney.

Mr. Courtney

There was——

I am trying to establish whether the Ludlow investigation was an isolated incident, in that it came to a brick wall and was not pursued, or if it was symptomatic of what happened in other investigations.

Mr. Courtney

It was a regular thing. To take a case with which I was personally involved, there was a follow-up of the two murders in the Buncrana case and a man was charged with the crime. It was good that we got so far with that case. There may be others in which I was not involved, possibly on the part of gardaí in Dundalk. They would be helpful enough.

I thank Mr. Courtney.

As far as photographs of the bullets found and taken from Mr. Ludlow's body are concerned, Mr. Courtney's report on his meeting in Belfast stated that comparisons had been made with both the photographs and with the retrieved bullets. Was that done before he met the people in Belfast?

Mr. Courtney

Yes.

When did the RUC receive the photographs of the bullets?

Mr. Courtney

They received them early in the investigation. The bullets were sent to the North to be test fired and compared with bullets which had been used in other cases. Blown up photographs were also sent. That took place early in the investigation.

In 1976?

Mr. Courtney

Yes, shortly after the murder.

Is Mr. Courtney aware as to whether the gardaí recovered any fingerprints from the scene and whether any such fingerprints have been compared with the fingerprints of the suspects?

Mr. Courtney

Detective Sergeant Boyle was responsible for that matter. However, as far as I can recall, either no fingerprints were found or if some were, nothing positive was gleaned as a result of comparing them with fingerprints from the North. In any event, we got nothing from them.

This was in February 1979. Page 25 of the report notes that more than a year later, Chief Superintendent Cotterell, who will appear before the sub-committee later, effectively raised the question as to why the suspects were not interviewed. The report includes the sentence that "this discreet aspect of the investigation was dealt with solely by the Superintendent and perhaps you would contact the member direct". It notes that all minutes had been passed to Mr. Courtney, who was then in C4. This took place more than a year later. Was Mr. Courtney still actively involved in that case at that time?

Mr. Courtney

No I was not. Detective Superintendent Murphy was in charge. If a relevant item came up I would report it. However, at that time, 12 months later, I was not involved or taking an active part in it.

Is the superintendent to whom the report refers Dan Murphy or Mr. Courtney?

Mr. Courtney

Dan Murphy. The correspondence was sent to him because he was in charge of the investigation. However, I answered any correspondence I received, and the fact that it was never found does not mean I did not answer it.

Hence, at that time, Superintendent Dan Murphy was responsible for any actions to be taken in respect of the suspects?

Mr. Courtney

Yes, he was in charge.

That is fine.

Mr. Courtney

However, he would discuss it with me. We always discussed such cases.

The final item appears to be from 26 March. The handwritten note to Detective Superintendent Courtney from the assistant commissioner's office, C1, dated 26 March, suggests that there was still contact. So senior gardaí were still considering or discussing what was happening with the four suspects, is that correct?

Mr. Courtney

That would have been happening all the time, yes.

Among colleagues, was there any dissatisfaction expressed that the interviewing of the four suspects was being held back because of actions of people at a higher level?

Mr. Courtney

Yes. They were dissatisfied because, after all, it was a murder and there were four people who were involved, whether they were North or South, and they felt they should be interviewed at least.

As Deputy Power stated, you do not question the authority of the Commissioner. Is that final?

Mr. Courtney

That is final, yes. One has no authority, in effect, to question his authority.

So you can express among yourselves dissatisfaction but you cannot really go anywhere.

Mr. Courtney

At the lower level, you can discuss it all right. I was satisfied with what Detective Sergeant Boyle said, which I will always remember because I was so disappointed with the news. It never left my mind, even though at the time I was investigating several murders up and down the country.

Does Mr. Courtney recall the approximate date?

Mr. Courtney

It would have been February or March 1979 — about two months afterwards.

March 1979?

Mr. Courtney

About March 1979 — about two months afterwards — or maybe April. In February I was in the RUC. It would have been two months afterwards, that would have been April.

A year later it was still being discussed. Why?

Mr. Courtney

It would have been discussed.

By senior officers?

Mr. Courtney

Any murder would not be left dormant. There would be something coming up on it all the time and all those items that would come up would be followed up and investigated, no matter where it was.

Did the fact that interviews were not allowed rankle with the gardaí at the superintendent rank over a period of time?

Mr. Courtney

How do you mean?

Was it something that was brought up and mentioned when this murder was being investigated on a fairly continuous basis during the year, from April 1979 when it was suggested that you do not interview them, to March 1980 when it appears the case became much less active?

Mr. Courtney

It would be mentioned all the time when it would come up, as an unsolved murder. We did not want any unsolved murders. We had a 90% detection rate for murders at that time. It was not that we wanted to keep the rate up but we felt that it was just another murder we could have solved. Do you understand?

Mr. Courtney

We had a high rate of detection in the South at the time and that murder case was lying dormant, with four suspects for it. Like the other gardaí, I would have been keen to have it solved and have those people interviewed to help us out. I was happy, from my years investigating crime and the story the RUC detectives told me, that it was not a made-up story, that it was the true facts of how it happened. We knew ourselves, we could make comparisons in Dundalk in the South.

In the year after the decision was transmitted to you that they were not to be interviewed, did you ever discuss with RUC senior officers at your level the affair and why you were not interviewing the suspects?

Mr. Courtney

No, I never mentioned it afterwards. I would not. I never brought it up with them again and they did not ask me afterwards. I would not have been meeting them anyhow. Any time I did meet Chief Superintendent Mooney, who was the CID chief, I never mentioned it to him.

When did the discussion between Mr. Courtney and Mr. Dan Boyle take place?

Mr. Courtney mentioned it was around March or April 1979.

Mr. Courtney

It was around March or April.

That begs a question. On 18 May 1979 Mr. Courtney made a handwritten note suggesting Chief Superintendent Dan Murphy was still making arrangements regarding travel to Glasgow. If Mr. Courtney had been told in April that the investigation was not going further but wrote a note in May that preparations were being made to travel to Glasgow, that must have been a matter of significance, which I presume he discussed with the chief superintendent.

Mr. Courtney

I am sure I would have.

Would that not have prompted Mr. Courtney to return to his original source, Dan Boyle, or Michael Fitzgerald, who was more senior to Dan Boyle, to seek clarification on what he had been told in April?

Mr. Courtney

Nothing was done about it anyhow. No one was sent. He mentioned that to me and no action was taken.

Did it not strike Mr. Courtney as odd that a month later he made a handwritten response indicating that the investigation was clearly ongoing and preparation was being made to travel to Glasgow? Was it said to him that the information he received in April was perhaps incorrect?

Mr. Courtney

I do not know now about it.

Could it be that Mr. Courtney was talking to Detective Sergeant Boyle after 2 May when he wrote the note?

Mr. Courtney

It could be. I have no date for my conversation with Boyle but——

This issue is important. The handwritten note to which Senator Jim Walsh refers indicates a decision was made at some level to interview people outside the jurisdiction in Glasgow and possibly Belfast. When that happened, would it not have occurred to Mr. Courtney that a decision had been made at the appropriate level, which appears to be C3, to go abroad to interview suspects in this case and Chief Superintendent Murphy would make the necessary arrangements? He did not do so because the interview never took place. We are trying to find out why not and that is a fair question.

Was permission granted originally and rescinded subsequently?

Mr. Courtney

I do not know.

That is an interesting question but Mr. Courtney has no knowledge of a decision to go anywhere other than Glasgow to interview one of the suspects.

Mr. Courtney

I was not asked and I was not aware of anything.

Did Mr. Courtney specifically request in any of the letters he wrote that the suspects be interviewed? Did he put anything in writing requesting an interview with the suspects in Belfast?

Mr. Courtney

I do not think I did. It was a matter for C3 to give those directions, not me. I had no authority to ask. It was its place to tell me or some other boys to carry out these interviews.

I thank Mr. Courtney for attending. I thank him also for his presentation and for answering questions. We are grateful to him and he has been of great assistance to the sub-committee in its work.

I welcome former chief superintendent, Mr. Richard Cotterell, who was the divisional officer in Drogheda in 1979. I wish to re-emphasise that while members enjoy absolute privilege in respect of these proceedings, those attending and assisting us have just a qualified level of privilege, which does not provide the same protection afforded to Deputies and Senators. I thank Mr. Cotterell for coming here again on a voluntary basis to help and assist this committee of the Oireachtas in its work. It is very much appreciated. I am sure it will be of benefit to the committee in its deliberations.

Mr. Richard Cotterell

Before I begin, I would caution members that I am now well into my 85th year, therefore, my memory is not good. I find it difficult to recall something that happened yesterday, never mind something that happened 30 years ago. Members must bear with me if I am not able to recall matters, which I am sure will be the case.

I was the chief superintendent or divisional officer in the division of Louth and Meath, which was a very big and busy division. It included six districts of Drogheda, Dundalk, Navan, Trim, Kells and Balbriggan. It went into four counties. I was appointed to the area in September 1972 and remained there until I retired in October 1984. Since the inception of the force, up to a number of years after I left, the divisional headquarters were in Drogheda. I mention this because it might cause confusion afterwards. In approximately the early 1990s, the divisional office was transferred to Dundalk, which was brought about by pressure from the northern authorities to have a chief on the Border. They were seeking an assistant commissioner to be completely assigned to the Border. In those days, money was not as flaithiúlach as it is today and they could not get an assistant commissioner for the Border. The chief was sent over and brought back again.

I just mention that because I noticed when reading the report that there was correspondence missing. I could well imagine this happening because the station in Drogheda at the time was a very old dilapidated building, which has been replaced by a nice new one. Given that files were transferred from there to Dundalk, and after a number of years transferred back to Drogheda again, I can well imagine many of them being lost.

The 1970s was a deadly time on the Border. It was terribly busy because all sorts of things were happening. There were many incursions, particularly air incursions. All these events had to be investigated and a file sent to headquarters for the Department of Foreign Affairs, which then made the appropriate protests.

I do not remember very much about this case. I remember visiting the scene with Chief Superintendent Dan Murphy. The body was not there when I visited the scene. My routine in such cases was that generally the chief superintendent requisitioned the technical bureau for assistance or for an investigating officer. While I have no memory of doing this, I am sure I did because they were down so I must have done it.

I generally met the man in charge, the investigating officer, asked him what he wanted and made arrangements for that officer who would have brought down a certain number of personnel with him, including members to take statements at the scene, crime examiners, fingerprint experts and photographers. It would be up to the local chief superintendent to supply the other needs. That would have been generally the detective branch in the division with uniform members taking statements and doing many of the tasks involved in a murder investigation. I did all that.

The investigation got under way. I remember I did not ever sit in generally on the conference side. I took the view that if the likes of John Courtney and Dan Murphy did not solve it that certainly I would not solve it. They had their teeth cut, so to speak, from investigating murder cases day after day. They were experts in that line. Nevertheless, I kept in contact with them.

In that period I remember I was particularly busy. I had to go to the Special Criminal Court. If people were taken in and an extension order was sought, I would make the extension order. If the person was subsequently charged, I would have to go to the Special Criminal Court to prove that I made the extension order. During that period I had to deal with many prosecutions for membership of illegal organisations, under section 3(2) of the legislation, where the belief of a chief superintendent was admissible. I had to spend a good deal of time in the Special Criminal Court. That is about all I want to say.

Thank you, Mr. Cotterell. I am sure you will accept some questions from Deputy Gerard Murphy——

Mr. Cotterell

I will. I am deaf in the left ear but I suppose I will be able to hear him.

I am sure you will. Deputies Gerard Murphy and Peter Power and I have some brief questions.

Mr. Cotterell is welcome. He was chief superintendent on the Irish Republic side of the Border at that time.

Mr. Cotterell

That is right.

What contact had Mr. Cotterell with his counterpart on the other side of the Border?

Mr. Cotterell

We had a lot of contact. I am not certain but I believe that every month the chiefs had a formal meeting with the RUC. One month it would be held in the North and the next month it would be in the South. At that time those meetings were chaired by Mr. Larry Wren and an assistant chief constable at the time, Jack Harmon. He is dead now, Lord have mercy on him. That meeting was confined to chiefs. At those meetings, at which we discussed the happenings of the previous month, we had to bring a written report with us and submit it to whoever was in charge of the meeting.

Did the question of the suspects the RUC identified in Northern Ireland for the Ludlow killing ever come up at these meetings?

Mr. Cotterell

Not to my knowledge. I do not think it was a subject that was discussed at those meetings.

Was there——

Mr. Cotterell

At this stage, I would not be certain. I doubt very much that it was ever mentioned.

Did the two local divisions in the North and the South have a definite policy on how suspects on either side of the Border should be dealt with by the other force?

Mr. Cotterell

Is the Deputy asking whether we sent gardaí to the North to question people? No, we could not leave our own jurisdiction without the permission of C3.

In Mr. Cotterell's opinion, did C3 have a consistent policy on the matter, or did it have a haphazard policy?

Mr. Cotterell

The policy of not allowing gardaí to go to the North was not haphazard — that is definite.

Would C3 allow gardaí to go to the North in certain circumstances and not in other circumstances?

Mr. Cotterell

We would have to issue a written report and then receive permission to go there.

In Mr. Cotterell's opinion, what determined C3's policy on whether gardaí should be allowed to travel north of the Border to interview people?

Mr. Cotterell

It was not up to me to question C3's policies, which would have been sanctioned by the Commissioner and possibly also by the then Department of Justice.

The decision would have been sanctioned by the Commissioner and the Department of Justice.

Mr. Cotterell

It would have been sanctioned beforehand. I could not question what the Department was or was not doing.

Okay. Mr. Cotterell said the Garda had meetings with its counterparts in the North on a monthly basis. Given that such a form of contact was in place, was the Garda surprised that it took 18 months for the RUC to convey the information that it had identified suspects for the murder of Seamus Ludlow?

Mr. Cotterell

Yes. A full year and a half passed before the RUC told the Garda about it. There was nothing we could do about that. The decision not to tell us was probably taken by the Special Branch up there.

At the time, the RUC was looking for other concessions from the Irish authorities.

Mr. Cotterell

It wanted every kind of concession, for example relating to the pursuit of criminals and overflights. We could not allow the airplanes to come in because as soon as that happened, our telephones would turn red because so many people would be telephoning to complain. The Border was very hot at that time. People very much resented the overflying of our jurisdiction.

Does the fact that the RUC took 18 months to inform the Garda that it had suspects for the murder of Seamus Ludlow suggest it was using that information as a tool to achieve some concessions for itself?

Mr. Cotterell

That could be the case. I really do not know. We were not told for a year and a half — that is what happened.

Was Mr. Cotterell surprised that C3 did not authorise the questioning of the suspects in Northern Ireland at the time?

Mr. Cotterell

After the file that identified the suspects was made available to C1, C3 and C4, it died and nothing more came from it. Of course we were surprised, but the ball was in their court at that stage.

Does Mr. Cotterell think the interviews would have taken place if the decision had been entirely an operational matter for the two police forces?

Mr. Cotterell

I do not know. If we went to interview them up there they would be looking for all sorts of privileges down here. They were privileges they could not allow because they would not be accepted coming down.

There may have been a political dimension to the decision that was made——

Mr. Cotterell

I really do not know.

I thank Mr. Cotterell. I call Deputy Peter Power.

Thank you, Chairman. I thank Mr. Cotterell for helping us. While Deputy Murphy asked all the important questions I will pick up on the last couple of questions he asked. Much of the correspondence we have from headquarters, be it C3 to the division, came through Mr. Cotterell. When the initial letter came from the RUC on 30 January 1979 it was forwarded to Mr. Cotterell on 5 February 1979. I appreciate this is a long time ago but it was just five days later. Ten days later Superintendent Courtney and Detective Sergeant Corrigan travelled north of the Border to have a discussion with their counterparts.

Mr. Cotterell

Yes.

As the divisional officer at the time, did Mr. Cotterell authorise them to go forward and to make those arrangements?

Mr. Cotterell

At this remove I do not know. I do not remember it but they would probably have been all right to go up on their own. They thought they were just going to talk to police officers.

Mr. Cotterell will remember that we heard earlier that authority had to come from C3 to do anything. Did that only apply in regard to the interviewing of suspects or did it apply also to officers going north of the Border to meet counterparts? Did one need C3 permission for that?

Mr. Cotterell

I do not think you would need the permission for gardaí to go up to have a chat with RUC officers but interviewing suspects would be a horse of a different colour.

Is that right? Then, obviously, the opposite was not true. I gather from what Mr. Cotterell is saying that it would not be acceptable for officers from the RUC to come south and interview, or even have a chat. Is that correct?

Mr. Cotterell

The RUC came south to Dundalk very often and had a chat with the local superintendent, inspectors or somebody like that. They were very fond of coming down.

I am sure they were. Either with or without permission?

Mr. Cotterell

With our permission. As a matter of fact, Dick Fahy mentioned to me a couple of times that they were very fond of coming down at night. They would have to go to the pub to have a few drinks. By the way, Dick Fahy is dead for many years, the Lord have mercy on him. Dick was a family man and he did not have the money. Those boys probably had plenty of money from the British Crown but he did not have money to spend in pubs on them. When they got a few drinks they had to identify themselves in the pub where they were. Dick Fahy did not like it anyhow.

I hope they did not break any of the licensing laws south of the Border.

That is not a matter for today.

May I come back to Mr. Cotterell again? Given what he has said about the ease of access back and forth across the Border in terms of gardaí meeting, whose decision would it have been not to send Mr. Courtney north of the Border to interview the suspects? Who would have made that decision?

Mr. Cotterell

C3 dealt with that aspect of it. Deputy Power would have to get its permission to interview those suspects. I assume it would follow on from there that C3 would have the granting or the withholding of permission in that case.

I thank Mr. Cotterell.

I also thank Mr. Cotterell for coming before the sub-committee. His contribution has been most helpful and we appreciate it very much.

Mr. Cotterell

I thank the Chairman. I am sorry that I was not of greater assistance. I did not take any part in this investigation.

Mr. Cotterell was most courteous and we are very grateful to him for coming before the sub-committee on a voluntary basis.

Sitting suspended at 11.31 a.m. and resumed at 11.32 a.m.

I welcome our next witness, former Garda Commissioner, Laurence Wren. Mr. Wren was the deputy commissioner of C3 in the period January to April 1979. I thank him for coming before the committee to assist us on a voluntary basis with our hearings. The proceedings of this Oireachtas committee are at the request of the Dáil and Seanad and the co-operation of people such as Mr. Wren is very important to our work. We are most grateful to him for coming.

While Members enjoy absolute privilege in respect of these proceedings, those assisting us, such as Mr. Wren, have only a qualified level of privilege, which does not provide the same protection afforded to Deputies and Senators. Mr. Wren is most welcome. I invite him to make an opening statement.

Mr. Larry Wren

I have already made a short submission. With the permission of the Chairman, I will read it.

Mr. Wren should please do so.

Mr. Wren

Prior to dealing with that, I should say that before the report was published, certain sections of it that affected me were brought to my notice and at that point I wrote to the commission. The memo is attached to the report at Appendix E, towards the end of the report.

I have it. We read the appendix. It is headed, "MEMO — Investigations into the Murder of Seamus Ludlow".

Mr. Wren

Shall I read it now?

Mr. Wren

At the request of the chairman of the inquiry, I attended at Government Buildings on 25 June 2002. On being questioned by Mr. Justice Barron, I stated that I had no recollection at that point of the facts of the case and suggested that any connections I had with it should have been available in files at Garda headquarters. I indicated that I had taken no official documents with me on leaving the force and have since had no access to them.

Mr. Justice Barron went on to relate to me that John Courtney, former superintendent, had informed the inquiry that, in the course of his investigations into the murder, he received confidential information from RUC sources as to whom was responsible for the crime. He was told that four suspects' names would be available to him for questioning in Northern Ireland, where they resided, should he care to travel there. Mr. Courtney stated that he approached me seeking permission to travel but I refused this request. I have no recollection of any such meeting with former Superintendent Courtney and I so informed Mr. Justice Barron.

I am not suggesting that I can remember all discussions I have had with people over the years but this one in particular should have made an impact for the following reasons. Mr. Courtney was not a member of my staff and requests between various departments would, in the normal course, be made through the heads of the departments. The request was most unusual, as it sought to break with the then accepted practice of not actively investigating crime or engaging in other official work outside our jurisdiction. Facilities existed for requesting the assistance of outside forces in such cases as were necessary. Any suggestion that this practice should be changed would be expected to come from the head of the requesting department and any decision on such a request would not be made at C3 without reference to a higher authority.

However, I now understand that the draft inquiry report shows that former Superintendent Courtney did not suggest he had approached me in this matter. Instead, he talked with Detective Sergeant Boyle, a junior member of the branch. I suggest that this was a curious way of seeking an important decision. I understand that Detective Sergeant Boyle does not recall a discussion with Mr. Courtney on the matter and there is no correspondence to show that such approaches from any sources were made to security section.

Despite the foregoing, which clearly shows that there was not one word to indicate that I was approached about the matter in any way, the inquiry has come to the conclusion that it believes it more probable that the decision was made by former Deputy Commissioner Laurence Wren. In light of the foregoing and when Mr. Courtney's direct superiors do not appear to have any knowledge of his efforts in this regard, how this conclusion could be reached beggars comprehension. I sent a memo to this effect at the time, to which there was a very brief reply stating that the relationship between the gardaí and the Department of Justice and the general policy in such matters is fully set out on pages 66 to 81 of the report and that the conclusion reached was based upon the information contained on these pages. I could not see it on those pages.

I eventually saw the complete report. In reply to the Chairman's request for submissions, I made the brief one that is now before the sub-committee, in which I stated that on first seeing the Barron report, in so far as it refers to me, I penned my memo of 13 October 2005, now attached to the report as Appendix E. I do not intend to alter that memo in any way. I will expand on that memo, however, having read the whole report and would like to comment further.

Mr. Justice Barron seems convinced that the Ludlow murder investigation would have been satisfactorily concluded had Superintendent Courtney been allowed to travel to Northern Ireland to interview named suspects there. It does not refer to the fact that this area is outside the jurisdiction of An Garda Síochána and that our members have no legal right to operate there. Indeed, any such practice was specifically ruled out in a crime branch circular issued to the force as far back as 1953. That is the procedure that has been followed since and was brought to the notice of the inquiry, since it is referred to in the report at the bottom of page 79. A former Minister for Justice, Mr. Patrick Cooney, accepted that the above procedure was the correct one when he spoke to the inquiry. He stated that to have acted otherwise "would have been a radical departure" that might well have had "considerations of legal, political and constitutional import". At this point I wish to confirm that the question of allowing Superintendent Courtney to travel to Northern Ireland to interview suspects was not discussed with me by anybody.

One further matter on which I must comment is that of the views expressed by former Commissioner Byrne on pages 69-71 of the report. These appear in a letter sent by him to the chairman of the commission in reply to the latter's request for his views on the failure to question the suspects in 1979. Commissioner Byrne stated "the main responsibility must rest with, I'm sorry to say, the Garda Síochána, the investigating agency of this murder [...] Deputy Commissioners, Assistant Commissioners, Chief Superintendents and Superintendents". It is a sweeping statement when one considers the suspects were all residing outside the jurisdiction and to whom the restriction referred to applied. It is the type of statement I would not make without having facts to substantiate it. What prompted me to make this submission was the criticism of me. The statement refers to deputy commissioners and others but I had no part in the investigation. There was no way in which I could have authorised Superintendent Courtney or any other member of the force to go to the North because we had no jurisdiction or authority, irrespective of whether we had been invited. An invitation from a police officer in Northern Ireland confers no authority or legitimate status on a member of the Garda Síochána questioning suspects in that jurisdiction. A member in this position would have been on his own if anything had gone wrong as there was no law to cover that eventuality.

The investigation did not have to cease because the Garda Síochána could not travel to the North. The normal procedure would have been for the Garda Síochána to request assistance from those who had information in the North and to have the suspects interviewed and dealt with in that jurisdiction, without extradition. The Offences against the Person Act 1861 covered the granting of legitimacy to an investigation in the North into a murder that had taken place in the South. I will not refer in great detail to the legislation but the investigation could have been handled in this fashion. The question of my refusing to allow any member of the force to travel to Northern Ireland does not arise. One must start at the baseline and our jurisdiction ends at the Border. Trespassing beyond that point is not covered legally.

This sub-committee is not an investigating committee and does not intend to resolve any conflicts, apparent or otherwise. Our function is to examine the policy followed at the time and see what is happening now. The current Minister for Justice, Equality and Law Reform and the Secretary General of the Department will appear before the sub-committee. We are not examining individual acts, apportioning blame, or finding people innocent or guilty. This is strictly an examination of policy. If we were to pursue another route, we could end up in the High Court.

Mr. Wren

I appreciate all that. The only reason I have made a comment on such a matter is that it has thrown the responsibility for certain matters onto me. It is not honourable as far as I am concerned.

I have no problem with what Mr. Wren stated. Before I ask Senator Walsh to speak, I wish to ask about the crime branch circular in force as far back as 1953. Did Mr. Wren's staff operate on the basis of that circular being his policy on the matter? In any conversations his staff had with others operating, is it possible that those others would have taken it that the policy was also Mr. Wren's policy because it was Garda policy?

Mr. Wren

Any policy that is legal is my policy. What exactly is the question the Chairman wants answered?

The question is whether it could have been assumed by Mr. Wren's staff that the policy as outlined in the circular was the policy——

Mr. Wren

That was the policy we followed.

——and agreed with?

Mr. Wren

Yes, one could assume that because it was the policy for the whole force. It merely clarified the legal position in case anyone thought they had authority to go North. It merely reminded them that it was not done.

How important was the circular and how much did it guide Mr. Wren and the C3 branch in the operations between the RUC in the North and the Garda in the South?

Mr. Wren

It was the accepted policy and that was that.

It is Deputy McGrath's turn to speak. I apologise.

I welcome Mr. Wren and thank him for his attendance before the committee and his co-operation. In a broad sense, for how many years did he serve in the Garda Síochána and during those years how many murders did he deal with directly or indirectly?

Mr. Wren

I spent 44 years in the force. I was superintendent in Limerick and during that time a number of murders occurred, including one nasty one. They seem to be continuing. I had experience in dealing with murder.

From a policy point of view and his experience as a police officer, did Mr. Wren always feel the Garda Síochána handled every single murder case in a competent, professional and objective way and that there was no question that some murders were more important than others? There is a perception that some people matter more than others. From a professional policing point of view, does Mr. Wren consider this to be unacceptable?

Mr. Wren

Absolutely, it is unacceptable. Every murder is a murder. I never felt the Garda Síochána dealt with it otherwise.

Can Mr. Wren understand the hurt and pain of Seamus Ludlow's family regarding the way they feel the Garda Síochána treated the death of their brother?

Mr. Wren

I can understand how anybody would feel if they thought that way about it. I cannot see how it was dealt with in that way. I know mistakes were made and that criticism was made at the coroner's inquest that the Garda Síochána had not notified them. That was a bad slip-up and cannot be——

Does Mr. Wren accept mistakes were made in the investigation?

Mr. Wren

I think some mistakes are made in the investigation of every murder and serious crime.

Does Mr. Wren think some of the mistakes made in this case were serious from a professional Garda and policing point of view?

Mr. Wren

I was not involved in the investigation.

I know. However, as a senior police officer, is that Mr. Wren's considered view?

Mr. Wren

I have not studied the file. I would not be surprised if mistakes were made. I am not stating they were. I do not know.

In Mr. Wren's oral submission he quoted former Commissioner Byrne when he stated the main responsibility rested with the Garda Síochána, the investigating agency in the murder, deputy commissioners, assistant commissioners and chief superintendents. That is a strong statement which Mr. Wren has challenged.

Mr. Wren

Yes, that is why I am challenging it. It is a pity that the former Commissioner, Mr. Patrick Byrne, did not go further in his statement by pointing out where things had gone wrong and who had been responsible.

Mr. Byrne has obviously looked at the whole file. He has also listened to the views and feelings of the victim's family. The former Commissioner seems to concur with the family's view.

Mr. Wren

I am afraid I cannot speak for him.

I know, but I want to know Mr. Wren's reaction. Does he not accept that statement?

Mr. Wren

I do not accept the statement. I challenge the way in which he has bundled everyone in as being responsible.

Mr. Wren also highlighted the fact that the Garda Síochána had no legal right to go across the Border. Was the circular mentioned issued in 1953?

Mr. Wren

Yes, that is right.

Was that also the policy at the time?

Mr. Wren

Yes. I think the 1953 circular simply pointed out to the force what the law said and, consequently, what the policy had to be.

Mr. Wren has been very defensive and protective of the Garda investigation. Would he be generally more critical of the RUC's handling of the case?

Mr. Wren

Did the Deputy say I was protective of the Garda?

Mr. Wren has disagreed with the former Commissioner.

Deputy McGrath must ask questions rather than make statements.

Would Mr. Wren be more critical of how the RUC handled the investigation?

Mr. Wren

I cannot comment on how the RUC handled it.

Can Mr. Wren not comment, even from a professional and policing point of view?

Mr. Wren

I have not read the RUC files.

Can Mr. Wren tell the committee categorically that he never heard, directly or indirectly, of the request of the former detective superintendent Mr. John Courtney?

Mr. Wren

That is correct. I can confirm again that I did not hear of that request.

My final question relates to the overall policy. The years 1976 to 1980 were a time of huge turmoil and violence. Was the Garda conscious of the fact that numerous groups, including loyalists and other paramilitary forces, were operating on both sides of the Border? What kind of responses did Garda policy permit? Was the Garda conscious of the fact that every murder needed to be investigated to ensure the right person or groups were caught?

Mr. Wren

I am satisfied every murder was properly investigated. As far as I know, that was the case for all of them.

Therefore, no blind eye was turned and there was no lack of professionalism in the investigation of the Ludlow murder.

Mr. Wren

No. In no way would I accept that.

I join the Chairman in welcoming Mr. Wren whom I thank for assisting us. Will he outline for us what position he held from, say, 1976 to 1986? At one point the report states he was "either a Chief Superintendent or Assistant Commissioner in charge of C3". Will he clarify what his position was?

Mr. Wren

I cannot give the dates, but I was in C3 as chief superintendent, assistant commissioner and deputy commissioner. As to the demarcations between my various ranks, I cannot say.

In what year did Mr. Wren start as head of C3?

Mr. Wren

In 1971 or 1972.

Therefore, Mr. Wren was in C3 during all the difficulties in the 1970s.

Mr. Wren

Yes. I had previously worked in a Border area, as I was chief superintendent in Donegal from 1969 to 1971. I had been dealing with all that type of stuff for about two years previously.

To give us some background, will Mr. Wren outline how many officers were in C3? How many were in his office and how many were in the C3 group?

Mr. Wren

Our work expanded as things went on, especially with the European connection and so on. Initially, I was chief superintendent and we had, I think, a superintendent, two inspectors and various members of sargeant and garda rank.

If Mr. Wren was head, was Superintendent Michael Fitzgerald next in command?

Mr. Wren

At one stage but not initially.

Towards the end of 1979, nearer the period we are discussing.

Mr. Wren

There was also an assistant commissioner.

Where did Detective Sergeant Dan Boyle fit in in terms of seniority?

Mr. Wren

The line of seniority was: an assistant commissioner, a chief superintendent, superintendents, inspector, followed by sergeant; he would have been down the line.

He would have been fifth or sixth in line.

Mr. Wren

Yes.

As we have heard, C3 would have been in frequent contact with the RUC and Mr. Wren would have been involved in meetings with the Chief Constable of the time. How frequently did such meetings occur and were minutes taken?

Mr. Wren

It depends on which years the Senator is referring to. Initially, there was very little contact but then it began to grow. There had to be contact because there was so much contact between North and South with so many coming South who were needed by them above, rightly or wrongly. Some of our fellows were active and down on the Southern side.

Were minutes of the meetings kept?

Mr. Wren

Yes.

Presumably, they should be on file somewhere.

Mr. Wren

They should be, yes.

Were the events we are considering or the Dublin and Monaghan bombings ever discussed at the meetings?

Mr. Wren

I do not recall it ever having been part of any discussion. I am not in a position to say in what years the meetings commenced. They evolved over a period, depending on the activities going on but I do not have the dates.

Did the meetings occur for a number of years while Mr. Wren was in charge of C3?

Mr. Wren

Yes.

We can take it they were going on for much of the late 1970s.

Mr. Wren

Yes, one could say that.

Was the Government kept informed of their contents?

Mr. Wren

Probably; the Department would have been.

Therefore, there was close liaison and close communication at all times with the Department.

Mr. Wren

Copies of the minutes would have been made available.

The report refers to much of the contact made. Former Commissioner Pat Byrne also stated there would have been regular communication with officials. What was the content or purpose of the meetings with the RUC?

Mr. Wren

The activity of the previous month would usually have been covered to some extent but not in great detail.

Would bombings or murders near the Border, on either side, have been discussed?

Mr. Wren

I doubt if individual crimes would have been discussed, unless there was something very important about them. The meetings were not that lengthy.

Were they of substance?

Mr. Wren

Yes. The chief superintendents along the Border and their opposite numbers on the other side would have been at the meetings.

Was there a sharing of intelligence, perhaps on a selective basis?

Mr. Wren

To a certain extent, yes.

Will Mr. Wren describe his involvement, if any, in the investigations into the Dublin and Monaghan bombings?

Mr. Wren

I was not involved in their investigation.

Mr. Wren had no involvement.

Mr. Wren

No. C3 was not an investigating unit; we were just a conduit for passing on to the Department whatever intelligence or information had been received about one thing or another.

What was Mr. Wren's view of the information coming from the RUC? I presume there was a sharing of information at the meetings on subversives or people who might be inclined to perpetrate crimes in either jurisdiction. Did the Garda regard the information received from the RUC on the incidents in question as reliable?

Mr. Wren

I cannot say there were times when we found it otherwise.

In general, how was it?

Mr. Wren

It was all right. The meetings would not have continued unless someone was getting some benefit from them.

Was information from the RUC on suspects in particular crimes worthy of investigation and follow up?

Mr. Wren

If anything significant was communicated, it was always followed up.

Chief Superintendent Cotterell said that while contact at divisional level with the RUC did not require permission, to interrogate suspects in respect of crimes committed here required permission from C3. Does Mr. Wren concur?

Mr. Wren

No.

From whom would permission have been sought?

Mr. Wren

Nobody would give permission to go to the North to question suspects. I am not aware of any occasion on which that happened.

There was such an occasion in the meeting in February 1979. Gardaí went to the North, perhaps with respect to the different crime of the bombings in Dundalk, to speak to the RUC in Belfast at headquarters level to obtain information there.

Mr. Wren

The Senator is confusing two issues. There was continuous contact between the forces on both sides. I thought the Senator's question related to permission to go up to question somebody.

Would that not have happened?

Mr. Wren

No.

In circumstances such as the crime under discussion or other crimes committed in the Border area, was there a blanket refusal within the force to go North to deal with suspects?

Mr. Wren

I am not aware that there were too many offers in any case.

With respect, that is a different question. Was the position that gardaí would not have gone North to interrogate suspects?

Mr. Wren

One gets mavericks in any company who will try their hand at certain things and there may have been someone who did what the Senator suggests. It was certainly not authorised.

In his capacity as a senior officer who subsequently became Commissioner, can Mr. Wren explain how the Garda pursued crimes committed by people from Northern Ireland if there was a policy of not interrogating suspects north of the Border?

Mr. Wren

I am not clear as to what is the Senator's question.

The Garda has an obligation to advance an investigation into a crime committed in the Republic. If there was a blanket inhibition on interrogating suspects north of the Border, how could an investigation be advanced?

Mr. Wren

I dealt with that in my opening remarks. The Garda would ask the RUC to investigate the matter and supply that force with any information which would be of assistance to it in interviewing suspects up there. The RUC would deal with it on that basis.

Mr. Courtney told us his contact was with Chief Superintendent Michael Fitzgerald, who was Mr. Wren's second in command for a period.

Mr. Wren

Yes.

In Mr. Fitzgerald's absence, Mr. Courtney dealt with Detective Sergeant Dan Boyle. Was it not practice that a letter such as the one from the RUC on the identification of the suspects in the Ludlow murder, which came to C3 and was dealt with by Mr. Fitzgerald, would be brought to Mr. Wren's attention as the person in charge?

Mr. Wren

Of course, he would have brought a letter to my attention. The fact that he signed the letter did not mean he was working on his own.

Was Mr. Wren aware of that particular letter?

Mr. Wren

I was.

Was Mr. Wren aware that suspects had been named in it?

Mr. Wren

Yes.

Was Mr. Wren aware of the follow-up meeting in Belfast and the minutes thereof?

Mr. Wren

No. We circulated the letter to the various other departments, including C4, to which Superintendent Courtney was then attached. He was initially Border superintendent in Dundalk and was involved in the investigation in that capacity and, later, as a member of the C4 staff, formerly the murder squad, he was still involved in the investigation. There is no doubt that C4 found it necessary to communicate with the people in Belfast. We would not have directed it to do that. It would have done so itself.

What was the function of the Border superintendent?

Mr. Wren

The amount of work in the Dundalk area would be too heavy for one man, so he was relieved of the duty of investigating Border activity. The Border superintendent was sent in to investigate Border activity. That was his sole job. He would not be involved in the normal work of the district.

Mr. Wren is familiar with the letter and with the ongoing investigation into this murder. On page 75 of Mr. Justice Barron's report, at the third paragraph from the top, it is stated:

The late D/Supt Murphy has been described to the Inquiry by a number of former colleagues as having been a dedicated and tenacious detective. That being so, it seems highly unlikely that he would have failed to pursue this investigation to completion without some impediment being placed in his way. From the information available to the Inquiry, the only conceivable impediment would have been a direction (express or implied) from superior officers not to interview the suspects outside the jurisdiction.

Would Mr. Wren agree with that conclusion?

Mr. Wren

No, I would not. That is the view of the chairman of the inquiry.

From Mr. Wren's experience as the highest officer in the Garda Síochána at one stage, can he offer the sub-committee any reason the investigation was not pursued?

Mr. Wren

No, I cannot.

I refer Mr. Wren to the bottom of page 76 where it is stated:

If a request to travel was never made, senior staff at C3 would nonetheless have had a duty to inquire of C4 as to why no such request was forthcoming. If only for intelligence-gathering purposes, C3 should have been interested in finding out whether these men were still considered prime suspects for the Ludlow murder.

What is Mr. Wren's comment on that?

Mr. Wren

Regarding the comment that C3 would nonetheless have had a duty to inquire as to why no such request was forthcoming, there was no such obligation. We were not in charge of the investigation. Had we been in charge of the investigation the question would have been a legitimate one. However, we were not in charge. We passed on information. C3 was more or less a conduit. It had no obligation in the matter of the investigation.

Was the Special Branch not attached to C3 at this stage?

Mr. Wren

The Special Branch was attached to Dublin Castle.

It was not attached to C3?

Mr. Wren

No. However, it reported to C3. It was a division the same as divisions throughout the country, except it operated exclusively in subversive matters.

It would not have been reporting to C3.

Mr. Wren

It would submit a report, just as any divisional officer would.

Is Mr. Wren saying that it was not responsible to C3?

Mr. Wren

I am saying that we were not responsible for them, other than——

He was not responsible for them. Okay, that is the same thing. What about the point made by Mr. Justice Barron that apart from advancing the investigation, which seems a plausible argument, as an intelligence gathering unit, C3 would obviously have had an interest in these suspects and should, therefore, have been inquiring to know what further information was being gathered with regard to their involvement in this murder and the potential for other crimes that they might commit?

Mr. Wren

Had we been responsible for the inquiry, I would certainly say that we would have had an obligation to follow up the thing, but we had no responsibility for the investigation.

Mr. Wren did have responsibility, did he not, for gathering intelligence?

Mr. Wren

Responsibility to pass on intelligence.

One had to gather it in the first instance to be able to pass it on.

Mr. Wren

That is right, yes.

Therefore, your responsibility to gather it would certainly have been paramount, would it not?

Mr. Wren

I cannot see the point the Senator is trying to make.

The point I am making is that if the gardaí are depending on C3, as the intelligence unit, to gather information on subversives then any such crimes committed would obviously be of interest to C3 and information with regard to the personnel who may have been suspects in those crimes would have been fairly fundamental to a lot of the work Mr. Wren was doing. Would that not be the case?

Mr. Wren

It would, to a certain extent, yes.

Therefore, the point made by Mr. Justice Barron is that C3 as a matter of course should have been taking an interest, if not in the investigation of the actual murder itself, then in the information that was being ascertained with regard to the suspects who obviously would have been very much part of the focus of Mr. Wren's unit.

Mr. Wren

I cannot tell the Senator what the strength of C3 was about that particular time, but it was fairly limited. We would not have had a section available to keep track of all these bits and pieces. One would pass them on to whoever one felt one should pass them on to and that was done. It was up to the investigating officers there to follow through and deal with the thing.

The third paragraph on page 81 is a communication from Mr. Justice Barron with Mr. Wren, summarising that Mr. Wren told the inquiry that the Garda Síochána never allowed RUC officers to come to the South for the purposes of investigating crime and that this was not permitted. Mr. Wren also said that the offer of the RUC to facilitate questioning of that suspect in 1979 might have been declined on similar policy grounds. Does that mean that no RUC officers ever came to the South?

Mr. Wren

Not officially, anyway. I am not aware of any.

If they were coming to the South would C3 have been involved, in any way, in giving permission or would Mr. Wren have had anything to do with that?

Mr. Wren

Definitely not.

Therefore it would not have involved Mr. Wren; there would have been no request made of yourselves.

Mr. Wren

No.

May I go back, for purposes of clarification? Is Mr. Wren saying clearly to us that C3 would not have been a unit to which other Garda divisions would have requested permission if they wanted to go to the North to interrogate suspects?

Mr. Wren

No. C3 had no authority to allow anybody to go outside our own jurisdiction to question suspects. We would have allowed them to go and discuss the matter with their counterparts in the RUC and give them any information we thought they would require to question those people on our behalf, but in no way would we be involved in the actual questioning of them.

That is a different matter. The question I am asking is as follows. If a Garda investigation wanted to go to the North to interrogate suspects to advance an investigation, would the investigating officers need to get the permission of C3?

Mr. Wren

No. There was no permission available.

With respect, that is not the question. The question I am asking is as follows. Would the gardaí have known or felt they needed permission or needed to make a request of C3?

Mr. Wren

The gardaí should know they are not permitted to do it.

With respect, the question I am asking is as follows. Would the gardaí have been aware that C3 was somewhere from which they would need to seek permission?

Mr. Wren

If they knew there was no way they could to it, why would they apply to C3 anymore than anywhere else?

Is Mr. Wren saying that C3 would have had no involvement with gardaí wishing to go to the North?

Mr. Wren

That is correct.

Who would have been in a position to make a decision on that matter?

Mr. Wren

The local officer knew very well what the position was. He should know. It was all pointed out in 1953.

With respect a wholly different climate applied in 1953 than in the late 1970s.

Mr. Wren

The law was the same though.

I just want to be clear on this matter. Mr. Wren is saying that C3 would have had no involvement in that procedure. In other words, it would not be a section from which gardaí would need to seek permission in order to carry on their investigation by going to the North.

Mr. Wren

No. C3 would have nothing to do with it.

Is Mr. Wren saying that Chief Superintendent Courtney would have been wrong to make the request of C3 in the first place, as it was unnecessary for him to do so?

Mr. Wren

It was. It was not made to me.

Regarding the conduit between the Department and C3 in 1979, who would talk to whom in the Department?

Mr. Wren

There was an assistant secretary, principal officer and assistant principal, depending on what was going on at a particular time. It was one of those three.

Those three people are named in the report.

Mr. Wren

I am not sure that MichaelDonnelly's name was mentioned.

Was he another——

Mr. Wren

He was assistant secretary.

Would C3 give the Department a concise or comprehensive report?

Mr. Wren

It would be told whatever we knew.

How often would that happen?

Mr. Wren

It could be several times a day depending on the activities going on.

Could it happen that a Minister might come back looking for more information about a particular item?

Mr. Wren

Of course, it could.

Regarding C3 and the issue of intelligence, was Mr. Wren ever suspicious or concerned that British intelligence had penetrated C3? Mr. Wren will be aware of how stories have circulated about the Dublin and Monaghan bombings etc. One of the concerns was that senior gardaí——

Mr. Wren

There was one occasion involving one of the staff of C3. Even though the various incidents might have already been reported to the principal officer or the assistant principal in the Department, a monthly report was compiled of all the activity during the month. There was one man of garda rank, who used to type up all that information to compile the monthly report. I cannot think of his name at present.

We do not want the name.

Mr. Wren

As he was charged in the courts, it is public knowledge. It was Crinnion. He was giving information from that record to an individual who, I presume, was paying for it. Apart from that I never heard of anything.

There was one case of British intelligence penetrating C3.

Mr. Wren

I suppose it was British intelligence.

Reference is made, on page 51, to the possible extradition of these four suspects. Mr. Wren told Mr. Justice Barron that had that happened at the time the RUC would have sought the extradition of IRA suspects and he did not want that to happen. Was he concerned about that situation?

Mr. Wren

Not at all. Extradition was not a matter for me at all. That was a matter for the courts. One must go through the courts to secure an extradition. One must obtain a warrant for arrest. He was a bit confused about that. I did not mention it.

Did Mr. Wren ever mention it?

Mr. Wren

I never mentioned extradition because it could not possibly apply.

That is another situation. Mr. Wren was not the person who said that.

On page 53, under the heading "Interview with Former Commissioner Larry Wren" it is stated that the former Garda Commissioner Larry Wren was interviewed on 6 November 1998 but said that he had no recollection of the Ludlow murder. Is Mr. Wren saying that although C3 was responsible——

Mr. Wren

May I speak for one second?

Deputy Costello should allow Mr. Wren to speak.

Mr. Wren

Before I went to this interview with Mr. Justice Barron, the question of the Ludlow murder had not been mentioned. One of the first questions he asked related to what I knew about the Ludlow murder. I responded that I did not know about the Ludlow murder because I had not been investigating any murders. What is the Deputy's question?

Does Mr. Wren mean that this is not an accurate statement?

Mr. Wren

It could be quite correct.

With all due respect, it either is or is not accurate.

Mr. Wren

It is. That was the first question put to me when I went in, or one of the first questions. I said I did not know about the Ludlow murder. It could have been anything because the question was thrown to me.

Mr. Wren is not saying that he never heard of the Ludlow murder but that he had no recollection of dealing with it. Can he clarify what he means by that? Was it the first time he had heard about the Ludlow murder?

Mr. Wren

No, it was not the first time I had heard about it. It was the first time I knew that Mr. Justice Barron was investigating the Ludlow murder. That is what I am saying.

Was that the case, even though Mr. Wren was involved at the time and was in charge of C3?

Mr. Wren

There were thousands of incidents of one shape or another, murders and otherwise.

C3 was specifically responsible for crimes involving subversion. Part of Mr. Wren's function was to gather evidence, material and information about that type of activity and to pass it on to the Department of Justice. I thought Mr. Wren would have had a keen interest in the Ludlow murder and would have had considerable knowledge of it in light of the role of C3, of which he was in charge.

Mr. Wren

The Deputy forgets that I met Mr. Justice Barron 30 years after this incident happened. One would have heard about so much activity in one's time in C3 that one would know a fair bit about quite a number of things that would come to one's mind over that period. When one incident is brought up, from all that happened over 30 years, it would not be unusual not to remember it.

Was the import of the 1953 directive commonly known? Mr. Wren is saying that any of the operating gardaí would pretty well know this was the policy and that they did not need to refer to a superior officer in order to go across the Border to interview suspects. Was that something which was discussed and well known?

Mr. Wren

Possibly it should be, but circulars and directives are issued so often that in time, some would fade a little from memory.

I ask because we have just heard that Mr. Courtney, who was the superintendent based on the Border, did not seem to be aware of it. He seemed to think he had to get specific permission from C3 to cross the Border to examine and question any suspects, though he was the man responsible on the Border.

Mr. Wren

If he says he did not know about it, he did not know about it. I cannot comment on that.

Mr. Wren is saying that C3 had no specific role in the investigation and that therefore, it is balderdash for Mr. Byrne to conclude that any decision not to proceed with interviews across the Border could only have been taken by Mr. Wren in consultation with the Department of Justice.

Mr. Wren

It is not correct as far as I am concerned.

Deputy Costello's questions come to the heart of the matter. We are trying to establish precisely what policy was in place which might explain to the family and others why people were not interviewed North of the Border. Mr. Wren is saying clearly that as a matter of policy from 1953 onwards there was no question of this ever happening, no question of any permission being sought because the matter did not arise.

I ask the following question of Mr. Wren, not as former head of C3 but in his wider experience as a Garda Commissioner: can he explain why there would be a distinction between officers going North, freely sharing information with RUC officers, as happened in this case — since Superintendent Courtney went north — and an actual interview of suspects? Why was one different to the other? Why was there free availability to go North, without asking anyone's permission, to have a chat with colleagues there, while there was an absolute ban on interrogation there? The family would like to get a flavour of why that could not be done.

Mr. Wren

There is a big difference between talking to another police officer and dealing with a suspect, in terms of questioning. One would be actively dealing with crime on the other side of the Border. That did not arise and could not arise. We had no authority, no jurisdiction for police work north of the Border.

Gardaí however were allowed to go north of the Border and discuss serious crimes and murder with officers there. There was jurisdiction there for that. Was there none with regard to conducting interviews?

Mr. Wren

One is dealing with a civilian that has no — in effect, if one wished to interview someone in the North, unless he came down of his own free will to speak, one had no authority, since one would have to apprehend someone to force him to sit down for an interview.

If that was the policy at the time, why would Superintendent Courtney say that Superintendent Murphy was making the necessary arrangements regarding travel to Glasgow to interview the suspect there? Did the same rules apply to other jurisdictions, or did they apply only to the North?

Mr. Wren

Of course they did, yes. However, he did not go to Glasgow.

Is Mr. Wren saying that there was a misapprehension and that there was no question of anyone going to Glasgow to interview anyone? Could it never have happened?

Mr. Wren

I do not see how it could have happened.

Under this policy.

With regard to this matter, Mr. Wren, is there a distinction between carrying out the interviews and having the RUC do so, but with a senior officer present in the vicinity of where those interviews were conducted? The senior officer from the Irish side could then see what questions were answered and help in their formulation. Is there any distinction between carrying out the interviews oneself and assisting in the management of interviews by RUC personnel?

Mr. Wren

As I said, the Offences Against the Person Act 1861 provides for RUC or English police officers to carry out an investigation into any crime outside their jurisdiction. In other words, it could have happened here. They may prosecute it in their own area up there. That happened in a recent case in Dublin in which a girl was murdered along the canal. The accused was interviewed, arrested and dealt with in the English courts, ultimately being convicted of the murder. That provision exists in law.

Can Mr. Wren see a distinction? Let us take the murder in Donegal of Oliver Boyce and Bríd Porter. People went to Derry and were around while interviews were carried out, but Irish policemen did not conduct them themselves. It appears to me that individual policemen are allowed to go to Derry and be in the vicinity of where interviews are being carried out on suspects, assisting with their management but not being present or carrying them out themselves.

Mr. Wren

Yes, that has happened, but not very often. I cannot list specific instances, but I know that it has occurred.

Mr. Wren has had a distinguished career as Commissioner. Has representation ever been made to him, or has he ever made representation, to change the circular of 1953 to allow police from outside jurisdictions — gardaí in the North and police in the North here — a capacity to conduct interviews?

Mr. Wren

The circular of 1953 merely pointed out what was the law. It emphasised it.

Was any representation made to the Government to change the law, or did anyone ask Mr. Wren to suggest that it be changed?

Mr. Wren

I neither made nor received any such suggestion. I am not aware of any moves to change it. Developments may have happened recently in terms of combining our efforts to a greater extent. It was not, however, happening 30 years ago.

The Chairman has indicated that time is limited but my question goes to the core of this matter. Mr. Wren says the circular pointed out what was the law. The note on page 79 states Garda practice in this regard is based on that directive, issued by the assistant commissioner of C branch in November 1953. A distinction is made, however, between ordinary crimes, where suspects can be interviewed by officers of another police force in the presence of a garda of the same rank, and political crimes.

Mr. Wren

Yes.

How does one make the distinction?

Mr. Wren

I do not know; I did not make it.

How would that distinction be made in general?

How is a crime deemed either ordinary or subversive?

Mr. Wren

A simple larceny, for example, is an ordinary crime.

When is murder ordinary and when is it subversive?

Mr. Wren

Murder is murder. Will the Chairman clarify his question?

When is a murder deemed ordinary, allowing the Garda to go and interview suspects, and when is it deemed subversive, meaning gardaí are not allowed to do so? What is the distinction?

Mr. Wren

I understand the Chairman's question but I am afraid I cannot answer it.

This directive deals with police officers from other jurisdictions coming into our jurisdiction to interrogate witnesses. However, it does not seem to deal with gardaí going into another jurisdiction to do the same. It deals specifically with members of other police forces coming here. In regard to crimes of a political nature, it states the Garda must conduct investigations and that arrangements may not be made for police officers from other jurisdictions to interview suspects in the State. Moreover, the results of such investigations should not be communicated directly to the local police force concerned but should be forwarded to C3. Does Mr. Wren accept this is the case?

Mr. Wren

Yes, and C3 would give the information to the Department of Justice, Equality and Law Reform.

Would the Department then decide whether it was passed on to the police force in the other jurisdiction? Who would make that policy decision?

Mr. Wren

I do not know.

This is an opportune time to finish and thank Mr. Wren.

May I put one further question to the witness?

This goes to the kernel of the issues with which we are concerned. The committee received a letter from a person who was interrogated by the RUC in Dundalk and subsequently prosecuted in Northern Ireland based on the evidence accumulated at that interrogation, during which no garda was present. This took place during Mr. Wren's period in C3. Does he have any knowledge of this?

Mr. Wren

No. As I said, I have no doubt there can be mavericks in any organisation.

What is Mr. Wren's response to the point that this directive deals with the activities of members of other police forces coming into this jurisdiction but does not deal with how the Garda can prosecute offences committed here but where the suspected perpetrators reside in other jurisdictions? Mr. Wren seems to be basing his advice to us on the procedures in regard to the latter.

Mr. Wren

I ask Senator Walsh to clarify his question.

Mr. Wren's observation is that, under this directive, gardaí could not have gone to Northern Ireland to interrogate suspects. However, the portion of the directive included in the report deals specifically with other police officers coming into our jurisdiction rather than gardaí going outside the jurisdiction.

Mr. Wren

I believe the directive begins by referring to reciprocal arrangements.

Yes, but that is in reference to ordinary crimes.

Mr. Wren

Reciprocal arrangements is what we are talking about in all this.

Mr. Wren understands they cover subversive crime also. Deputy Commissioner Ainsworth stated in correspondence with the sub-committee that at that time nobody had "the authority in law to stop a live murder investigation for any reason. The protection of life and property within capability is a major issue within the unwritten terms of reference of the Garda Síochána and continues so". Does Mr. Wren accept that? If so, how would he balance that with this 26-year old directive, which is given as the reason this offence was not prosecuted?

Mr. Wren

I would not comment on it at all.

Mr. Wren mentioned the reciprocal arrangements in the 1953 directive, which allows for the established practice to interview in regard to ordinary crimes. It then states, "In the case of crimes or offences of a political nature, arrangements should not be made whereby members of other police forces can interview persons in this jurisdiction". The reference to reciprocal arrangements implies there was at least the possibility of the gardaí interviewing suspects outside the jurisdiction but only with the permission of C3. Does Mr. Wren agree with that interpretation of that directive? In other words, if members of police forces in other jurisdictions are allowed to investigate ordinary crimes in Ireland, there is no problem but if they are of a political nature, such police forces can only investigate them with the permission of the assistant commissioner, C3. Does that imply if reciprocal arrangements were in place, gardaí would have had a similar right to go outside the jurisdiction to interview people with the permission of the assistant commissioner?

Mr. Wren

The Garda's jurisdiction is confined to our own State and that is the law.

However, under this arrangement, other police forces have authority to investigate crimes in our State with the permission of the assistant commissioner. If that arrangement is reciprocal, would the same not apply to gardaí going outside the jurisdiction with the permission of the assistant commissioner, C3?

Mr. Wren

Assistant commissioner, C3, will not give that permission because the law does not give any member of the force that permission.

Does Mr. Wren know which law is involved?

Mr. Wren

No.

I thank Mr. Wren. He has been very helpful to the sub-committee in its deliberations and I very much appreciate his attendance.

I welcome former Minister for Justice, Mr. Gerry Collins, who was in office in 1979. I thank him for being of service to the State by coming out of semi-retirement to help the sub-committee with its hearings. As with everyone else, this is being done on a voluntary basis and is much appreciated. I re-emphasise that while Members enjoy absolute privilege — Mr. Collins is well aware of this — the same privilege does not attach to him. There is no distinction between former Members and ordinary members of the public.

I will not allow myself to be provoked.

Will Mr. Collins begin by saying a few words? I noticed that he listened intently all morning.

I listened, if I may borrow a phrase from the report, "to honest people, doing their best" to try to maintain law and order at an exceptionally difficult time. During the course of the morning, one thought that struck me was that in trying to understand or put the situation that then existed into perspective, or in trying to establish the types of pressures that were on those who had responsibility for upholding the law within the State, it is easy to forget that political murders were an everyday topic, if not occurrence. An ambassador was murdered, embassy buildings were burned and it was necessary to have Army units on the lawns of Leinster House to protect the institutions of the State. Terrorists murdered members of the Garda Síochána, as well as parliamentarians from these Houses — I refer to the late Senator Billy Fox.

I also think of the murders and kidnappings of prominent people from the country's business life, of train robberies and everything associated with them, bank robberies taking place two, three or four times a day, the intimidation of our courts which necessitated the establishment of the Special Criminal Court, as well as the intimidation of juries which the court system could not break down. There were times when our prisons and their officers were under constant attack. The chief prison officer in Portlaoise Prison, Mr. O'Reilly, had his car was booby-trapped. Dr. O'Donovan, head of the technical bureau, was bombed and booby-trapped in an attempt to prevent him from doing his job, namely, to produce evidence for courts to deal with those who had been charged with offences. Helicopters were used to try to break prisoners free from the prisons. Armour-plated trucks were used in an attempt to break down the walls and main doors of prisons. It was a time of general mayhem.

Hence, looking back on this period 30 years later, we may be thankful that it no longer exists. I will answer any questions which the sub-committee might have to put to me as best I can.

I thank Mr. Collins.

I hope my memory is as good as I would like. Sometimes it is, and sometimes not. However, I will state what I believe to be true at all times.

As a matter of interest, I should state that there were no extradition facilities at the time. Extradition was a long, wearying and sensitive matter. It took a number of years to implement the procedures which are now in place and it happened long after the time in question.

Deputies Gerard Murphy and Peter Power will ask the first questions.

I have just one question. The kernel of the situation with which we are dealing is how to explain that suspects were identified by the RUC and neither the Garda nor the RUC were successful in getting a prosecution out of that identification. First and foremost, we accept that it took the RUC nearly 18 months to inform the Garda that it had identified suspects. I appreciate everything Mr. Collins stated about the context of the time and the difficulty the Governments and the security forces had in dealing with each other because of the ups and downs of the day-to-day situation of the Troubles, but at the same time, from the Ludlow family's point of view, we must try to establish why this essential element of the case, which could have led to a solution, was not properly followed up. In those circumstances, we must try to establish whether certain fault lay with the Garda or whether it was found necessary politically to at least influence the situation whereby certain crimes could not be followed up across jurisdictions because of the political atmosphere at the time.

I thank the Deputy for the question. I will answer it to the best of my ability. It requires an exceptionally wide answer and if I miss out, please bring me back to the main matter. When I was asked by Mr. Justice Barron what I knew about Ludlow, I answered and it is all there in the report — I knew nothing. I was not aware of it.

This must be very distressful to the family of the victim because one might ask how the Minister for Justice of the day was aware of that. It is not good enough, I am sure, in their eyes for me to say it happened before my watch. Most regrettably, it happened and that is the saddest part of it. The family has had to live with this all along and I read what they said at their press conference some 20 years after the event. I can understand the pain and the suffering they have had to endure.

I cannot answer for the RUC as to why it delayed for 18 months in giving the information it had to the Garda. From the co-operation that I know existed during my time, and in the time of my predecessor, former Minister Paddy Cooney, there was good co-operation between the Garda and the RUC. There were regular meetings, as former Commissioner Wren stated, growing in frequency as time went on. That was not easy either because, whether the committee can recall this, it was common for the day that the Garda force would be blamed for the atrocities in Northern Ireland when, in fact, the atrocities were committed well within the Northern Ireland territory.

We were always accused by the media, inspired or not — I cannot say — by the Northern Ireland Office, of not being serious about our efforts in security. This was so far from the truth that it was difficult to contend with because the cost to the taxpayer of what our forces were doing in an effort to try to maintain law and order were far greater than the costs of the manpower of the other side.

The level of cross-Border activity was high and serious. As has been stated by former Chief Superintendent Courtney and former Commissioner Wren, there were efforts at the time by the then British Prime Minister and the British Parliament during its debates, to portray our police force and our courts as unable to fulfil the basic requirements of a sovereign state. These accusations were made at a time their own failures in Northern Ireland allowed atrocities to occur. The relationship between the two governments was up and down and it suffered at the time. This applied not only to my Government but to previous and successive Governments. There was still good co-operation between the Garda authorities and the RUC, including a constant exchange of information. This was also stated by former Commissioner Wren and former Chief Superintendent Cotterell.

I am amazed the information the RUC had was not taken up and investigated by the force. The key question is why the RUC did nothing about it. Why did the force only pass on the information after 18 months? There was a proviso that it had to protect one particular man — I think his name was Hosking — who was the informant. The sub-committee must understand this type of subversive information gathering is a difficult, unsavoury business and its price is often the informant's life. Perhaps the RUC had some good reasons for not passing on the information but I cannot say. Perhaps there was a political reason, which was adverted to earlier or perhaps the RUC wanted to use it as leverage for other reasons. We can come back to that later.

However, the RUC had the responsibility to question those suspects and to pursue the case. At the time, legislation was enacted — the Criminal Law (Jurisdiction Bill) 1975 was on our Statute Book — which allowed the RUC to gather the evidence and have these people tried up there. Our gardaí who were involved in the investigation in County Louth could have been facilitated by going to the courts in Northern Ireland and giving their evidence there in the same way as the facility was provided down here. That was in place to get us over the delicacy of the political situation that existed at the time. This was good legislation when it was used. However, I speak as political head of the Department at the time and it was not used as it should have been by the people in Northern Ireland. They found reasons not to use it because they wanted to pursue the long-term political objective, which was to push us into a situation whereby they could be seen to take over our task as a police force within our sovereign State.

They wanted many things and they are matters of public knowledge, which are mentioned on page 84 of the report. It is a question of the hot pursuit of suspects across the Border, which in my mind and the minds of the professionals within the Garda, would have been the height of folly in practice. Who would protect those who were pursuing the suspects from ambush? If they flew in spotter aeroplanes 800 ft. or 1,000 ft. across the Border, who would protect the small aeroplanes from being shot down? If they came and questioned suspects in Garda stations, who would protect them as they travelled in and out? There was no way the Government could have a situation where any of its agencies was involved in handing over persons who were suspects only and who were needed for questioning by the authorities in Northern Ireland. That was the policy of the day.

Deputy Murphy asked about the 18-month delay. Was it for political reasons or was it to encourage us to do what they wanted? Their objectives were stated many times by the Secretaries of State or the deputy Secretaries of State for Northern Ireland. These issues were raised many times at cross-Border meetings at ministerial level, right through the late 1970s and well up into the late 1980s, until things began to ease off and quieten down.

Speaking as the political head of the Department at the time, there appeared to be a concerted campaign to try to force us into submission on these three main political objectives that were spoken about publicly within the House of Commons and by Ministers of the House of Commons. I recall when the newly elected Prime Minister, Mrs. Thatcher, was coming to Ireland on her first visit to attend a Heads of State and Government meeting of the European Union which was held in Dublin Castle in 1979 or 1980. There was a request to me from the British authorities that three naval vessels would anchor in Dublin Bay to provide appropriate back-up protection if needed, that British Army-RAF helicopters would travel to Dublin and ferry her from the ambassador's official residence in Glencairn to Dublin Castle and back and other demands, including that she should have her own private police force on the ground. That was totally unacceptable to me, which I refused. I notified the Government of the situation at the time because we were a sovereign State. One of the basics for any state in existence is to be able to provide security for visiting personnel. If we could not do so, then we should not hold the meeting, which we did. I believe Mrs. Thatcher had a much nicer stay in Dublin Castle as the first lady there in approximately 700 or 800 years than she would have had in Glencairn and having to suffer the throes of the traffic congestion travelling in the morning by car, because she certainly was not coming by British RAF helicopter.

There were political reasons for this decision. There may have been police reasons with regard to protecting sources, but I cannot say this because I do not know. However, there is no reason the RUC could not have carried out a thorough investigation at the time.

The Garda has come under a lot of criticism for failing to follow up on the offer of an interview by the RUC. As was said by the former Minister, the RUC had the suspects, mechanism and the co-operation of the Garda to bring the matter to a conclusion if it had the will to do so.

And had one of the four suspects on its payroll.

We appreciate Mr. Collins coming here. He has enormous political experience in many Departments. His political insight, having been a Minister during these troubled times, is very helpful to the committee. Many of us on this side did not live through these times or were not in public life at the time, therefore, his assistance is significant.

Perhaps I can quote from Mr. Collins's contribution to the Barron report and ask for his comments in light of what he heard this morning. Page 78 of the report reads as follows:

He [Mr. Collins] told the inquiry that Deputy Commissioner Wren would have had the authority to refuse permission for Garda officers to attend interviews with the suspects outside the jurisdiction. However, he did not believe that C3 would have done so without consulting the Department of Justice.

The first sentence suggests that Deputy Commissioner Wren would have had the authority to refuse permission, and he would have the authority to grant permission.

Sorry, there is no way that Deputy Commissioner Wren had authority to allow anyone to go to another jurisdiction. Our Garda force is the Garda force of the Republic of Ireland, which is where it operates. There may have been some confusion earlier during the course of the examinations. There is no reason gardaí cannot have meetings and exchange information with police in Northern Ireland, which is very important, but there is every reason they could not be policemen outside their own territory.

This is what we are trying to get at. That information is helpful.

The next paragraph on the top of page 79 of the report states:

He [Mr. Collins] said that the usual procedure in those circumstances would have been for C3 to make an informal application to Principal Officer Colwell. Collins did not think there was any written regulations governing such applications ...

To what application was Mr. Collins referring?

I ask again for the Deputy understand that on the day I spoke to Mr. Justice Barron on this matter, this was something that was very new to me. I had not given it the thought it deserved. That is true and I admit that. I was not aware that the conversation I started was bringing him into this territory. Since then I have had much time to reflect. Reading the report and listening to the witnesses has been exceptionally helpful to me in getting a far better understanding of what was involved. If that was a weakness on my part, I admit it.

There was constant contact between the senior Garda officers and the senior officials within the Department of Justice. This did not originate in my time, it existed long before that. I would have had regular meetings with then Garda Commissioner and the then Secretary of the Department. I have no doubt but that the then Secretary of the Department who has since gone — he was a wonderful man, his name was Andy Ward — would have made a most comprehensive note of what transpired at those meetings. I have no doubt in my mind about that, but as to whether those records are there I cannot say. He was a meticulous man and always maintained a very extensive file. That was his training from his predecessor.

I would also have noticed on occasions that the former Commissioner, Mr. Wren, when he was assistant commissioner or in charge of C3 — I forget the dates, I went into the Department sometime in 1977 and was there until 1981, and that covers this period — he too would come to me on matters of importance. The then Secretary of the Department would have been present at all these discussions as would, on occasions, the senior personnel from the security division within the Department, the late assistant secretary, Michael Donnelly, the late principal officer, Pat Colwell, and Jim Kirby. All these names feature in the report.

I have no doubt but that extensive records would have been kept. They should have been kept and I am certain they were kept at that time because any document I ever got from a junior, say from Mr. Kirby or his assistant — a document related to security — would have been brought in by the person by hand and I would have seen what was in it. I would discuss it with him, note it, sign it and date it. I wanted to mention that. If Mr. Kirby had no knowledge of this business, as the report says, I can understand that. I just wanted to say that. He is the only person to whom the committee could have spoken about this.

With regard to sending people to become involved in investigations — questioning in Northern Ireland — that never arose in any shape or form.

It is great to get clarification on that from the political side.

I have a final question. I clearly heard what Mr. Collins said, namely, that the RUC should have done the questioning. He emphatically made that point and said that the RUC should have brought these men in, questioned them and, if necessary, used the provisions of the Criminal Law (Jurisdiction) Act, but it did not, and Mr. Collins was emphatic about that.

From the family's point of view, if they accepted now that the Garda could not have gone to the North and questioned these people, should the Garda not have pursued the RUC to bring in those men, conduct interviews, pursue those four suspects, question and interrogate them and pass on the information to the Garda, in the same way that it did in the 1974 atrocities of the Dublin and Monaghan bombings? Does Mr. Collins think the Garda failed in its duty to the family in that respect?

I believe the Garda asked the RUC on a number of occasions to investigate the matter. I understand the joint committee's report, with which the Deputy is more familiar than I as a consequence of his involvement in this committee, refers to that request. I do not doubt that the Garda asked the RUC on many occasions to investigate it.

The Garda probably asked the RUC to interview the four suspects because its representatives were unable to travel north of the Border. Detective Superintendent Courtney said he was very disappointed that the suspects were not interviewed. If it was not possible for them to be interviewed by gardaí, for policy or political reasons, should the Garda not have formally requested the RUC to conduct an interview?

I presume — I use the word "presume" deliberately — that the Garda would have asked the RUC to initiate an appropriate investigation into the matter. The legislation under which the people in question could have been tried in Northern Ireland was in place. Witnesses from this jurisdiction, if there were any, could have been part of the prosecution's case.

Mr. Collins presumes the Garda made such a request. However, is it not possible that it may not have done so?

That is a hypothetical question. I think I would prefer to leave it at that.

I thank the former Minister, Mr. Collins, for coming to this meeting and explaining so many matters. According to page 78 of the joint committee's interim report, Mr. Collins told the inquiry "that Deputy Commissioner Wren would have had the authority to refuse permission for Garda officers to attend interviews with the suspects outside the jurisdiction". Was Mr. Collins speaking specifically about attending as opposed to conducting interviews? Does he mean that the conducting of interviews was ruled out altogether?

At the time the police forces in Northern Ireland had asked to be given the right to conduct investigations in this jurisdiction. That is what they were looking for at the time and that is what they were not being granted. If the authorities in Northern Ireland were offering the Garda the use of a similar facility in Northern Ireland, as a lever to open the door to bring about policy change, to use Deputy Murphy's phrase, that would not have worked. I think page 84 of the report spells out the many reasons it could not have been allowed.

Yes. I would like to pursue the matter a little further. As the Chairman said, we are aware that the Garda crossed the Border during its investigation into the deaths of Mr. Oliver Boyce and Ms Bríd Porter, which I think was considered in the second Barron report. Representatives of the Garda attended interviews in Derry, where there was paramilitary involvement. It is obvious that there was some level of cross-Border movement when information needed to be acquired as part of the investigations into various cases.

To what period does the Deputy refer?

I think it was in 1975. It was in the mid-1970s.

I am not and was not aware of it.

It may have been in 1976.

I am not aware of it.

It was around the same time.

Mr. Collins is not aware of it.

I am not; it was before my watch. I am not using that as an escape clause or anything like it. I was not aware of it and it was never brought to my attention. It was never raised with me. I cannot say anything about it because I do not know what the circumstances were. I do not know at what level it was agreed that such cross-Border investigations should take place.

The very definite policy of the day was the policy of the previous Government and the Government which took office after I left office.

That was the political policy of the day.

That was the policy of the day.

That would have been——

There was a very clear understanding about this. There were no illusions about it. The whole public debate at the time was all about the fact that as a sovereign state we had our responsibilities.

Is Mr. Collins's interpretation of the 1953 directive that we spoke about in regard to Commissioner Wren similar, that there was no reciprocal——

I totally support everything Commissioner Wren said. He is one of the finest, most honourable, principled people I have met in the police force. He is a man of the utmost probity and integrity who gave 44 very valuable years in the service of the State.

There would appear to have been some confusion as both Mr. Courtney seemed to believe categorically that he could only proceed further if he got the authority of C3 and the previous Commissioner Pat Byrne believes there was neglect in pursuing the case at the time by a variety of senior officers. What is stated in page 51 by Mr. Courtney is that not only was it not a case of going across the Border to conduct interviews but that Mr. Wren had advised Mr. Boyle that there was to be no further action taken in the case, either North or South presumably.

I suppose. I too read the report regarding what former Commissioner Byrne said. I do not deny him the privilege of hindsight. I am sure former Commissioner Byrne often wished he had hindsight in other matters himself. With regard to what Chief Superintendent Courtney said, obviously there is a difference between his view and that of Commissioner Wren. I leave that to your good self, Chairman, your committee and Mr. Justice Barron——

We are not going to judge on that one either.

——to square those circles. I cannot do it for you, I am sorry.

Does Senator Walsh have a brief question?

It is interesting to get the political perspective on it from somebody who was at the coalface for a long period. Mr. Collins said that in the Government of which he was member in 1979 and the previous Government, the coalition Government from 1973 to 1977, the policy was not to have this reciprocal arrangement because of various issues. In order words, the reciprocity would not be forthcoming. Is that correct?

We were a sovereign state and Government trying to govern despite unbelievably difficult circumstances when it was exceptionally difficult during the early 1970s. The first Government mentioned, Liam Cosgrave's Government, had an exceptionally difficult time to contend with when Paddy Cooney was Minister for Justice. It was exceptionally difficult in my time as Minister for Justice. That was the policy of the day. My view was that it was the proper policy and it was one I supported totally and fully and if I was still there I would support it. Things have changed now, thankfully.

That would be departmental or governmental policy rather than Garda policy.

The Government made the policy, Departments implemented policy.

Was Mr. Collins aware of the 1953 directive from the assistant commissioner at that time?

If by that question the honourable Senator is asking me if I had read the 1953 directive, the answer is "No".

I thank Mr. Collins for coming here today and helping the committee in the way he did. We are grateful to him. We shall adjourn for lunch, after which we will first hear from the former Deputy Commissioner Joseph Ainsworth.

Sitting suspended at 1.20 p.m., resumed in private session at 2.15 p.m. and in public session at 2.25 p.m.

I welcome our next witness, Joseph Ainsworth, former deputy commissioner. Mr. Ainsworth was assistant and later deputy commissioner in C3 from December 1979 to February 1983. I thank him very much for coming before the committee. Members have absolute privilege in respect of the proceedings but that privilege does not extend to Mr. Ainsworth, who only has a qualified level of privilege. He does not enjoy the same protection as Deputies and Senators and should take that into consideration. Mr. Ainsworth is most welcome. I invite him to make an opening statement.

Mr Joseph Ainsworth

I have prepared a short oral presentation. If it is suitable, I will read it.

Mr. Ainsworth

During my time as head of intelligence and security, which is the——

Could Mr. Ainsworth adhere strictly to those areas of policy and keep personalities out of it.

Mr. Ainsworth

Yes. I was head of intelligence and security from 11 December 1979 to 31 January 1983. The ISB was formerly the C3 branch of Garda headquarters. I previously served as personal assistant to the Commissioner. The Ludlow progress file at ISB was not brought to my attention. I did not know of its existence. Commissioner Patrick McLoughlin never discussed this murder with me or referred any matter relating to it to my attention, either formally or informally.

I was appointed at short notice to head C3 branch from 11 December 1979. I did not receive a briefing from my predecessor about the operations of C3, its secrecy, its shortcomings, its strength, its connections with other police forces or its intelligence gathering and operational methods, its effectiveness or connected intelligence gathering. I was not briefed on policy matters. Perhaps this is understandable in the circumstances since I knew that my——

Will Mr. Ainsworth continue without referring to any named persons?

Mr. Ainsworth

It is a fact that the branch was never examined by management consultants in the overall Garda administration examinations that took place on a number of occasions in previous years. I was involved in the overall management consultancy examinations at that time.

Within the chain of command structures, I reported directly to the Commissioner and not to any deputy or assistant commissioner. I received specific instructions from the Commissioner to examine the branch structures and to improve its operations, with an input from the uniformed force. I had consultations with a senior chief superintendent of the branch and I requested him to outline his functions to me. He told me that his functions were everyday participation with the branch. When I pressed him, he told me that he dealt with police forces and was confined to the RUC, Scotland Yard and British security — MI5. I thought that odd since I understood this was also being carried out by the second chief superintendent of the branch who had responsibility for liaison with all police forces, including those in America and Europe. The senior chief superintendent told me his function was as carried out when he took up his position in the branch a number of years previously.

Moving to matters related to the Ludlow case, was any correspondence brought to Mr. Ainsworth's notice regarding the Ludlow murder?

Mr. Ainsworth

None whatsoever. When I asked whether there was correspondence on various files, I was told there was none.

Towards the end of that paragraph it is mentioned that a long discussion was taking place. I would appreciate it if Mr. Ainsworth would continue from there.

Mr. Ainsworth

According to the Barron report, discoveries were made that there was a Ludlow murder file in C3 branch before I was appointed, with correspondence from the RUC on 30 January 1979, 11 months before my appointment. It outlined information from the RUC about four named persons who were the concern of the RUC in regard to the Ludlow murder and dealt with by the senior chief superintendent. With specific reference to this, no notes were produced to me about the conversation with Chief Superintendent John Courtney of C3 branch when he had received independent information about the four persons mentioned and a stop order on the investigations into the Ludlow murder sometime after 15 February 1979, as referred to by him. I did not have discussions with him about this case at any time. I met him today in the corridor.

I had no cause to have discussions with the Commissioner in charge of crime branch. I am particularly in the dark about the Ludlow murder. However, if the file had been brought to my notice on some date after 11 December 1979 when I took up residence, I would have examined progress relating to my branch and would have had consultations with the Commissioner about progress on the investigated file, including the reasons the case had gone cold, if such was the case. I would have taken up with him the matter of Chief Superintendent Courtney's apparent discontinued involvement in the case some time after 15 February 1979. I would have questioned him about the stop order which apparently guillotined the investigation. This is the stop order Chief Superintendent Courtney mentioned specifically. Knowing the Commissioner's form regarding crime — I worked with him on numerous occasions in my earlier days — I am satisfied he would have activated investigations into this murder at that time. I would have been surprised and amazed if he had done otherwise.

I would also have examined all the monthly reports relating to the activities of C3 to find out precisely about its relationships regarding the Ludlow murder and its involvement with subversive or other activities. Nobody has authority to guillotine a murder inquiry for non-statutory reasons. I knew there were no statutory reasons at the time to guillotine a murder inquiry. I am talking about any murder, not in particular the Ludlow murder.

Extradition is not a matter for the Garda Síochána, but the Government and the courts. The Garda investigates an accused person and places the papers before the proper legal authority for decision. What happens after that is determined by other forces, not by the Garda. The Garda examines and presents the case which thereafter develops. The Garda cannot take into consideration extraneous matters such as overflight incursions or extraterritorial inquiries because all these matters are purely political. A murder inquiry continues, even when nothing can be added to finalise the case. That has always been my approach to murder inquiries. The prime function of the Garda is the protection of life and property and a murder is a major Garda concern following the loss of life. The Garda is obliged to pursue a murder inquiry without interference. If a murder case becomes cold for any or numerous reasons, it should be independently reviewed by an independent investigator. That is how I see the development of a crime investigation. Dogmatic or persuasive directives stopping or curtailing an inquiry are valueless.

It is important from my point of view to touch on another point regarding investigations carried out north or south of the Border. We are dealing with two jurisdictions with different laws in force, although similar and under the common law umbrella. The law protects the Garda Síochána operating here, but only in this jurisdiction, while the law in the North protects the RUC operating within its area. The Garda is not protected in the North, while the RUC is not protected to carry out independent investigations in this jurisdiction. Interviewing in another jurisdiction — I include any of the European jurisdictions — is most unwise and fraught with danger. The correct procedure covering both forces was that if the Commissioner required an investigation in the North, the RUC would have carried out the investigation with information supplied by the Garda, but the Garda would not have been present at the investigation, as happened when Chief Superintendent Murphy carried out subsequent investigations as reported in the Barron report.

Throughout this period murders of policemen were taking place, North and South. We were living in a very unstable and dangerous environment. I would have advised at the time, in the exercise of one of my functions, against any Garda request to go to the North to interview witnesses, either independently or in the presence of RUC officers. I have no doubt the Commissioner in charge of crime branch would have agreed. If the garda did not agree, it would have been up to him to take the matter up with the Commissioner. I have never had authority to direct the Commissioner not to send members to the North, but my advice, if sought, would have been accepted in the ordinary course of events. Exhibits were brought to the North for technical assistance on an ongoing basis. Exhibits in a murder inquiry must always be preserved indefinitely.

We will stop at that point. Normally the procedure is that two of our members lead with questions. Is Mr. Ainsworth prepared to answer questions?

Mr. Ainsworth

I am quite prepared to do so.

I thank Mr. Ainsworth for coming here voluntarily and giving us the benefit of his knowledge. My first question relates to his appointment as head of C3 branch. It appears it was unexpected. Mr. Ainsworth's says he had no say in the appointment. He was directed to look at the procedures and structures of C3. Was there a suggestion C3 was in a mess at the time?

Mr. Ainsworth

At the time, C3 did not advance with the times as regards administration. It had no computers, few typewriters, plenty of biros and paper but that was the sum total of the expertise in the place. It was my function to see if that could be improved quickly and it was improved quickly.

Mr. Ainsworth

If I may say so, one of the reasons that happened was that that organisation was not examined by management consultants when they examined the rest of headquarters administration some years previously. The management consultants were not permitted to go in at the time because of the secrecy surrounding C3 operations. That was my function — to change and upgrade the place as quickly as possible. It was no reflection on my predecessor or anything else. The same situation could have developed if it was placed on his shoulders six or 12 months earlier but it was not; it was placed on mine.

How large an organisation was it? How many people were there?

Mr. Ainsworth

It was a fragmented organisation. For example, the whole of the detective branch was spread out in Dublin Castle and throughout the different divisions in the country, all reporting to different heads. I set out to make a change in that. I brought the special branch under the wing of my own commissionership.

When did that happen Mr. Ainsworth?

Mr. Ainsworth

It happened shortly after I arrived there, within a couple of months of my arrival. I would say within three months. The first thing that happened was that the name of the organisation was changed to intelligence and security. From thereon it built up but the special branch was taken under my control from thereon. Where the special branch in the country was concerned, they reported generally to the local divisional officer — that is, the local chief superintendent or to the superintendent in some cases where there was a detective involved. There was a bigger input from these people coming to my organisation. In other words, I wanted to know what they were doing as regards my organisation, as it was.

Could Mr. Ainsworth indicate the number of people in C3 before the special branch came in?

Mr. Ainsworth

It was about 30, I suppose. I do not have the exact figure now but it was in or around 30. I will put it this way, they had two chief superintendents. One dealt with routine relationships and the other one referred to liaison with European and other police forces. That was a big divide.

It was headed by two chief superintendents.

Mr. Ainsworth

Yes, two chief superintendents.

In Mr. Ainsworth's account there seems to be a considerable overlap between the activities of those two superintendents.

Mr. Ainsworth

No. If I may say so, with great respect, there was a manufactured overlap in that the senior chief superintendent followed a pattern of dealing exclusively with the RUC, Scotland Yard and British security. That amazed me at the time because I did not know where that originated or how it came about but it came about by a traditional set up that had evolved from the time that chief superintendent had taken up duty there.

Was the junior chief superintendent also taking an interest in all of the same matters?

Mr. Ainsworth

No, I do not think so. The senior chief superintendent was a personality of his own.

When Mr. Ainsworth arrived, he demanded to see all the policies on file.

Mr. Ainsworth

I did.

What happened?

Mr. Ainsworth

There was none available.

What does that mean?

Mr. Ainsworth

I asked for them and I was told there were no policies available.

Did Mr. Ainsworth take it that there were policies but he was not going to be told what they were?

Mr. Ainsworth

To be fair, I could not understand the set-up at all, at the time, where that particular matter was concerned. Any organisation builds up policies as it goes along. Some directives are given; they are documented, held and used. It is like the courts — they become precedents, as such. I received none of them. They were not there for me.

During his time there until 1983, did Mr. Ainsworth put in place any structure so that people coming after him would know what were the policies of the organisation? He was given a specific brief to restructure C3.

Mr. Ainsworth

Where policies were concerned, they were contained in a document as received, whether from Government, the Department of Justice or the Commissioner. More than likely it was coming from the Commissioner. Anything that came from the Commissioner was known to everybody. I did not hold it back from anybody. Sometimes, extremely sensitive information can come through as policy and one holds on to it and passes it on to one's successor. I never had that experience but it can happen.

There would have been files in C3 with those documents — the correspondence between the Commissioner and C3, and so on — that should be available concerning policy.

Mr. Ainsworth

There should have been.

They should have been there by the time Mr. Ainsworth arrived.

Mr. Ainsworth

Yes. The Ludlow file is a particular case. I asked for files which should receive my attention and I was told clearly that there was none. I asked if there was a particular file — and I had no notion of connecting Ludlow because I knew nothing about the Ludlow case at the time — and I was told there was none. If a decision was taken in the Ludlow case that would have been a policy decision, I would have caught on to that from the word go and would have chased it to the end to find out where the origin of the policy was but I never saw that file.

Any investigation that was going on prior to Mr. Ainsworth's arrival was deliberately withheld from him.

Hold on, we cannot say that. There is no certainty in any of these matters and we are not investigating what happened between individuals. We are back on to the policy issue.

Can we go back to the original question? When Mr. Ainsworth sought all the policy files he was told that there was none.

Mr. Ainsworth

Precisely, none.

Are we extending the meaning of policy files to include investigation or investigative files?

Mr. Ainsworth

Some policy develops from practically every investigation file. It might be small or big, so it should have included an investigation file.

So any investigation that occurred before Mr. Ainsworth's arrival did not become part of his work subsequently?

Mr. Ainsworth

I would have to find out about the investigation first before I could make any move on it.

Mr. Ainsworth

This is the thing that has me somewhat baffled in so far as this case is concerned.

In other words, were there ongoing files that Mr. Ainsworth dealt with after his arrival——

Mr. Ainsworth

Yes.

——but the Ludlow file did not come to him?

Mr. Ainsworth

The Ludlow file never appeared. The Ludlow file existed because it is in Mr. Justice Barron's report. It existed from 30 January 1979 when the RUC got in touch with a senior chief superintendent of the branch. The chief superintendent dealt with the matter from there on. That was known and the file was there. That file was not brought to my notice under any circumstances. I knew nothing about it. I know nothing about Chief Superintendent Courtney's involvement with extra information, which he discovered. I knew nothing about Chief Superintendent Courtney, in effect, being stopped from continuing his investigation.

Mr. Ainsworth is referring to matters that happened before December 1979, when he started in the section. Let us start from December 1979.

Mr. Ainsworth

However, it is important for me.

We are holding hearings on the policies and what went on at that time. I ask Deputy Costello and the other members to be particularly careful at this point, because of the way the statement has come forward.

I will be careful. Did Mr. Ainsworth have no knowledge of the Ludlow file during his period there?

Mr. Ainsworth

No, nor during the period that I was with the Commissioner.

Mr. Ainsworth refers to this matter in his document. What would he have done in those circumstances? Would he have been able to progress the investigation further?

Mr. Ainsworth

The first thing——

Mr. Ainsworth was not in the section until December 1979 and he was not aware of the file or party to it, nor was he party to the investigation. Discussion of such matters would be mere conjecture. The committee will not consider such matters.

It involves somewhat more than that. I want to establish what Mr. Ainsworth would do in circumstances where a serious murder had occurred in this jurisdiction and where the perpetrators were known to be in the other jurisdiction.

That is a different question, which I accept. I ask the Deputy to repeat the question.

If a murder had occurred in the Republic in Mr. Ainsworth's time and the suspects were in Northern Ireland, what action would he have deemed appropriate for his office to take?

Mr. Ainsworth

The first thing is that I would have had consultation with the commissioner on crime to know what assistance he required from my department regarding the investigation of the murder. I would not be investigating the murder, the commissioner on crime would have been investigating it. I would give him any back-up he required in the case. If the information came to me in the first instance, as it appears happened in the Ludlow case — it did come to my branch — I would need to trace why there was no activity in the case because intelligence would need to be gathered on that murder. Sometimes intelligence builds up the case for the investigating officers. The more intelligence they can be given, the happier they are to follow the case to a conclusion if possible. That would have been my approach at the time.

In this case, I did not have the file. If I had it, I knew, quite clearly, what I would do.

I refer to the final page of Mr. Ainsworth's submission. He stated that gardaí going to the North were not protected and that the RUC did not come to the Republic because it was fraught with dangers, etc. He proceeded to state that the correct procedure covering both forces was that if the Commissioner required an investigation in the North, the RUC would carry out the investigations with information supplied by the Garda but that gardaí would not be present at the investigations. This morning we spoke about investigation of the Boyce and Porter case in Donegal. In that case, gardaí had not only crossed the Border but were also present while the interviews were conducted.

They were not present at the interviews.

They were present at the station where the interviews were being conducted. In other words, they provided assistance.

Mr. Ainsworth

There is nothing wrong with providing assistance. There would be a danger with them being present when the RUC interrogations took place. There would have been a danger that the person whom the RUC was interrogating would close down completely and object to the presence of gardaí. We are not speaking about normal times. We are speaking about abnormal times, where we had a complete divide and we did not know who was who or what was what.

The 1953 directive seems to state that there would be no——

Mr. Ainsworth

I know nothing about that directive. I never saw it and it was never brought to my attention.

Is Mr. Ainsworth saying the 1953 directive was not commonly discussed among gardaí?

Mr. Ainsworth

That is correct.

I presume Mr. Ainsworth would say that other gardaí of his rank etc., were not aware of that directive either?

That is conjecture.

Mr. Ainsworth

I can speak for myself.

Did anybody bring it to Mr. Ainsworth's attention?

Mr. Ainsworth

No, and to the present time I do not know what is in it.

I would like to tease out further the issue of co-operation. Mr. Ainsworth said that co-operation existed between the RUC and Garda but that it did not extend to being present while an interview was taking place in an RUC station. Is that correct?

Mr. Ainsworth

That is correct. It has already been covered in Chief Superintendent Murphy's second investigation and also in the Barron report. His officers were present in the near vicinity to assist while the investigation took place. However, they were not present while the investigation took place.

Does any memorandum, document or instruction indicating that was policy exist?

Mr. Ainsworth

No, there is not. I never saw it and I never read it.

Is Mr. Ainsworth saying that, in his view, this was the practice?

Mr. Ainsworth

That was the practice in so far as I was concerned. Other people might act differently. That was as I understood it. Even when I was the Commissioner's personal assistant, that was as I understood things. I had previously been private secretary to Mr. Costigan when he was Commissioner some years earlier and that was what was going on at that time also.

From where did the practice emanate? Who decided it or how did it come about? Did it just appear?

Mr. Ainsworth

In my opinion, many of these practices were established, more than anything else, because of expediency arising from cases taking place. They became an unwritten policy.

That would be the experience of Mr. Ainsworth.

Mr. Ainsworth

Yes, I do not know about anybody else.

He is not denying that it could be a different experience in other sectors of the Garda.

Mr. Ainsworth

I am in absolute agreement with the Deputy there.

I thank Mr. Ainsworth.

I thank Mr. Ainsworth for attending, particularly given that he is not compelled to be here. We very much appreciate his presence. Is it true that his job was largely administrative and that he had no access to files, including, obviously, the file on Seamus Ludlow?

Mr. Ainsworth

I had access to all files in the place.

I understood that Mr. Ainsworth did not have access.

Mr. Ainsworth

Where does one begin or end with a registry of files? I would have to be told about particular files which it was important for me to see.

I was not aware that Mr. Ainsworth had access to them.

Mr. Ainsworth

Yes, I had access to them. It was like looking for a needle in a haystack sometimes, especially in that place which did not work under modern systems. There was no computerisation whatsoever, and no system for connecting one file with another.

In one of his earlier statements Mr. Ainsworth told us that nobody in law ever had authority to stop a live murder investigation for any reason. Why are we dealing with the case of the late Seamus Ludlow today and why was it not resolved at that time, particularly when the evidence against the suspects was quite substantial?

Mr. Ainsworth

I have no notion why that case was stopped.

In his final statement Mr. Ainsworth referred to the need to bring exhibits across the Border for technical assistance. This refers to evidence collected at the crime scene, particularly in this case.

Mr. Ainsworth

In some cases where expertise is available in the laboratory in the North arrangements are made for some Garda technical officers to bring the items up there to have them examined, and bring them back, preserving the continuity of the exhibits at all times. One must maintain the continuity of an exhibit in case somebody would allege that it was interfered with or otherwise. That was a good ongoing arrangement which had always existed. They had the expertise and we did not.

Mr. Ainsworth mentioned that the administration of C3 at the time left much to be desired. Would he say the same of the forensics? We did not ask today about the level of forensic expertise at the time, in view of the former police officers who were with us. No DNA was picked up from the scene. Will Mr. Ainsworth tell us a little more about that?

Mr. Ainsworth

I cannot give the Deputy the date on which the forensic laboratory was established. Dr. O'Donovan was its first director. It was established some time after the Ludlow murder. That can be checked. Money builds up an organisation but was always scarce in the build-up of technical resources for the Garda Síochána. That has changed in recent years but there was a time when it was difficult to replace a car with 250,000 miles on the clock.

The forensic organisation was limited because it did not have the back-up of technical expertise. One finds technical expertise wherever it is available, whether in the North, in London, Paris or from the FBI in America, wherever one wishes to go to get it.

Was that expertise available to Mr. Ainsworth or C3 at the time?

Mr. Ainsworth

I had an office which liaised with other police forces. If we ran up against a stone wall and were unable to move for lack of technical expertise we could ferret it out from different police forces and if it was made available we would use it.

Other police forces have been very helpful in that regard so I do not see any problem in that. For example, if one could not check here on the rifling of a gun, to examine blood, one could do so somewhere else. In doing that one must maintain the continuity of the piece of evidence, otherwise one would lose it and it would be thrown out of court.

We have heard different observations about going North. Am I correct in thinking that going North to investigate information and discuss the issues with the RUC was not a problem?

Mr. Ainsworth

I do not think it was. It was never a problem where I was concerned.

Was there any difficulty in going North, however, to interview witnesses or people who might have information, as distinct from suspects?

Mr. Ainsworth

It is possible that a case may not have been referred to me for adjudication in respect of somebody going North. There are many police stations on both sides of the 210 miles of the Border. They have their own relationships and conduct matters in their own way from time to time. If it came to my notice that the commissioner on crime wanted somebody to go North to interview witnesses there I would advise against doing so.

Would they always ask Mr. Ainsworth?

Mr. Ainsworth

He should. I believe he did.

Was it the practice to consult and ask C3?

Mr. Ainsworth

Yes, but there seems to be a notion that I would become dictatorial about that. I would give advice. If the commissioner on crime did not want to accept that he could take it up with the Commissioner and eventually I would be told about the situation.

I understood earlier from Mr. Wren that there was no real difficulty in going North to accumulate information and deal with witnesses. The Garda Síochána went North after the bombings in 1972 and interviewed witnesses there about that, and in certain instances were given permission to interview a woman who might have had information about documentation and the hiring of a car.

In the Boyce and Porter case the Garda Síochána also went North to take blood samples from suspects. That seems to be at variance with what we are hearing. I am trying to clarify the position.

Mr. Ainsworth

I was not involved in that. I am talking about my period in office which was volatile. At that time, as the committee knows and it is easy to find in records, many RUC men and some gardaí were shot dead.

Mr. Ainsworth

This is fact. One must be extra careful——

Was there a fear factor?

Mr. Ainsworth

There would have been a protective factor. Who would walk into a lion's den to be bitten? One avoids such situations. It would be foolish to allow a member of the Garda Síochána go into a place where he could be murdered.

I was struck by Mr. Ainsworth's earlier correspondence on the right to life and the need to investigate thoroughly any murder that took place and the responsibility that rested with the Garda Síochána. I am trying to reconcile that with a policy of not going North to interrogate suspects, which must have seriously inhibited any thorough investigations of serious crime.

Mr. Ainsworth

Allow me to straighten this out. In so far as an investigation in the North was concerned, the RUC would and did carry out investigations on behalf of the Garda. If a murder took place and required an investigation in the North, the RUC always assisted in every possible way. The only problem was with sending gardaí up to do the RUC's job. In this respect, the RUC were no different from the police in Paris, the London metropolitan police area, any of the 42 police areas across the water, or in Holland, Italy or anywhere else. One did not simply walk in, take over and do the job.

That is fine.

Why was the RUC not requested to bring in the four suspects, interview them and pass the information back? Why did that not happen?

Mr. Ainsworth

I was not involved.

That is fine.

Mr. Ainsworth lays much emphasis on the senior chief superintendent, who appears to have been a fulcrum of much of what happened within C3. Is that person still alive?

I will not allow that question.

May I explain? I ask whether he is alive, because if he is alive, his evidence could be germane to our hearings.

We are individualising this matter.

Mr. Ainsworth mentioned that when he was in charge, the political situation was volatile and extremely violent. Is that correct?

Mr. Ainsworth

Yes.

At that stage, long before the issue subsequently broke, was collusion between loyalist paramilitaries and the security forces north of the Border ever raised among the gardaí, particularly in respect of cases such as that of Seamus Ludlow? At that time, was it an issue among gardaí?

Mr. Ainsworth

No. I cannot answer for that because I was not involved in it. I knew nothing about the Ludlow case. As for collusion or anything else, I never came across it.

Mr. Ainsworth never came across it.

Mr. Ainsworth

No I did not.

Such suspicions were not widely discussed by gardaí at the time.

Mr. Ainsworth

No. Not at any time.

It is amazing how all the other facts emerged about it subsequently, as the years passed.

Mr. Ainsworth

About collusion?

About collusion between elements of the security forces——

Mr. Ainsworth

I know. However——

However, my point is that no one ever looked in that direction when investigating political murders.

Mr. Ainsworth

No. One goes into a murder case with an open mind.

It does not sound very open to exclude a certain——

Mr. Ainsworth

No one is excluded in a murder case. One goes into a murder case with an open mind.

Mr. Ainsworth

In effect, everyone is suspect until he or she is ruled out. While that may sound strange, that is a fact and is how it is done. Hence, if the finger pointed towards anyone in the North, he or she would be as suspect as anyone in the South. It is a question of the procedures as to how to deal with such people subsequently.

Earlier this morning, Mr. Courtney told us he had been informed by Detective Sergeant Boyle that Mr. Wren had stated there was to be no further investigation of the case. Detective Sergeant Boyle became Mr. Ainsworth's secretary when he served in C3.

Mr. Ainsworth

Yes.

Did he ever discuss the case with Mr. Ainsworth? Second, what was the role of Detective Sergeant Boyle at that time? Was he secretary at that time or at the time of Mr. Ainsworth's predecessor?

At the time when Mr. Ainsworth became the head of C3.

When Mr. Ainsworth became head of C3, his secretary, from that time, was Detective Sergeant Boyle. What was his role before that?

No. What was his role subsequently, while he was secretary? What was Detective Sergeant Boyle's responsibility when Mr. Ainsworth became head of C3?

Mr. Ainsworth

At the time, his function was as a detective inspector in C3 dealing with general topics. While to a lesser extent, he continued to deal with these matters, he was my secretary. In plain language, he was an excellent one. In case anyone might think otherwise, I know Detective Inspector Boyle.

We accept he was an excellent man.

Mr. Ainsworth

As was John Courtney.

Absolutely.

Mr. Ainsworth

I have no grouse and I am not casting any aspersions on my predecessor.

We will not go into that. That is fine.

During Mr. Ainsworth's time as head of C3, or as he renamed it, the intelligence security branch, can he recall any request to the RUC to interview suspects or witnesses on behalf of the Garda in respect of any ongoing investigation in the South?

Mr. Ainsworth

I cannot.

I thank Mr. Ainsworth. This has been extremely helpful and I appreciate his taking the time to help the sub-committee.

I now welcome our next witness, the former Fine Gael Deputy for Louth, Mr. Brendan McGahon. I thank him for appearing before the sub-committee on a completely voluntary basis. While it is not well paid, it is important that former Members of the Oireachtas help the sub-committee, and its members are grateful to him for so doing. As Mr. McGahon is well aware, while members of the sub-committee have absolute privilege with regard to the proceedings, he has qualified privilege, which is not the same as that enjoyed by the members.

Will Mr. McGahon begin with a few words?

Mr. Brendan McGahon

I do not need the Chairman's thanks for appearing before the sub-committee. I do so on behalf of a man whom I knew. I lived beside him for a couple of years and he tended my garden a number of times. While I am here to try to help the sub-committee, the basic reason for my attendance is to support the Ludlow family in its desire to get justice for Seamus. However, I doubt whether I can really help the committee because with the advancing years, my memory has become extremely poor. I cannot remember what horse won the Irish Derby last year. However, I remember the awful, gruesome murder of Seamus and I understand that subsequently I did an interview with Mr. Pat Kenny in which I laid the blame at the hands of the IRA. I was wrong, but only hindsight and a remarkable confession that ensued has proven me wrong.

My desire is that these people who tookSeamus's life would be extradited and made to pay the penalty for taking his life. I cannot see why that cannot happen, given the level of communication that exists between Ireland and Great Britain at present. It is a nonsense that these people cannot be brought to justice. In that context, could I also refer to another heinous murder that occurred in County Louth, the murder of Thomas Oliver? That should be fully investigated too and the perpetrators of that crime brought to justice.

When Seamus was murdered it was, as Mr. Ainsworth stated, a dreadful time in the Border area. The committee members would have no concept of what it was like to live in the Border area. There was fear all around, on both sides of the Border. There was economic depression in my town of Dundalk because of the level of crime that occurred in the 1970s and 1980s. There were many instances of bodies found lying at the roadside.

When Seamus was killed and his body was found lying on the roadside a couple of hundred yards from his home, it was reasonable to assume that the IRA had done it because the IRA was the only firm operating in the business of slaughter or murder in the Border area at that time. The UVF and the other loyalist terror groups did not come across the Border, with the possible exception of the bombing in Dundalk which took the lives of two Dundalk people. It was a normal assumption to make, both on my part and, indeed, on the part of the Garda which, I understand, believed it was the IRA. In my opinion, there was no other rational view that could have contrasted with that belief.

I understand that in the interview with Mr. Pat Kenny I said I was told by a member of the Garda. I obviously was but for the life of me, I cannot remember. I did not make a conscious note at that time that 25 years later I would be asked to relay what occurred. I just do not know who told me but, as a Deputy in a grief-stricken and violent area of the country, I was concerned about the deprivation that the IRA was causing to my county, and my town in particular, and I would have consulted the Garda on many issues relating to the scourge of the IRA in the Border area.

I was wrong in blaming that organisation in this case but as to who told me, I honestly do not know. If it was to save my own life, I could not name a person. It is not that I do not want to help the committee. I never sat on fences in my life and I am not doing so now. The only reason is that I cannot remember who told me.

We are here not to apportion blame in any way, shape or form to a garda or an individual but to look strictly at the policies and the procedures that were in place at that time and how they affect the matter. Will you take questions?

Mr. McGahon

Yes.

I welcome former Deputy McGahon to the committee and thank him for his co-operation. He was a local councillor in the area in 1976.

Mr. McGahon

I was not. In 1979——

Was it in 1979 that he was elected to the council?

Mr. McGahon

Yes.

When he was living in the local area, how well did he know Seamus? Did he state that Seamus worked for him as a gardener once a week?

Mr. McGahon

Yes. I lived in Dundalk most of my life and in 1968 I moved out to the Mountpleasant area, where Seamus lived. I knew him and when I was putting down a lawn in the house I built, Seamus did it. He was a forestry man, he was good at that and he did it for me.

I knew his family. I knew his late brother, Paddy, in particular. He was a busman. I was in the newspaper business and I did much business with the buses. I knew them well and respected them. They were a respected family. They were of Fine Gael stock, although that is irrelevant. As I say, I knew him fairly well.

Was he active politically in the local community in any way?

Mr. McGahon

Not in my time, but he was so during the time of my predecessor, Paddy Donegan. His murder was cruel, and particularly violent. He was picked up outside a public house while simply looking for a lift home.

At that time only psychopaths from the other side would come into Dundalk. It was heavily stocked with IRA people living in Dundalk who had come over the Border and it was a most surprising outcome to that particular murder. Seamus had no enemies and it just mystified everybody.

He was basically a quiet, inoffensive, kind person.

Mr. McGahon

He was a very simple man, yes. At the time he worked in the forest close to the Border in Ravensdale and the popular belief, which I shared, is that he may have stumbled across a cache of arms and subsequently paid the price for it. That was the popular belief.

Former Deputy McGahon stated in a radio interview in September 1983 that he knew who killed Seamus and now he accepts that he got that wrong. Then he stated earlier in his introductory remarks, that it was normal to assume that the IRA had done it. Was he not conscious at that time, particularly with bombs going off in Dublin and Dundalk, that there could have been some other group involved in the murder and why was he so clearcut in that interview?

Mr. McGahon

I was aware of the IRA activity in the Border areas and at that time there was no evidence whatsoever of forays across the Border by UVF personnel.

What about those to Dundalk, Dublin and Monaghan a couple of years earlier?

Mr. McGahon

At that stage it still was not crystal clear who exactly had planted the bombs. I have heard various theories about who was involved in the bombings, including the British army and various terror groups from the North, but at that time they were not suspected of taking the life of any South of Ireland citizen. Hindsight is wonderful.

While hindsight is wonderful, the evidence was clear at the time for most people looking at that area. There were forays coming across the Border. Gardaí told us this morning that they were conscious of the issue of incursions by SAS soldiers and paramilitaries. That was the reality and I am surprised that former Deputy McGahon did not look at that reality.

Mr. McGahon

It is a surprise to me to hear that also. The gardaí are talking 25 or 30 years later. They did not put it in the papers. They kept a lot of that counsel to themselves. It is very easy for the Deputy to make that judgment now in regard to what he heard the gardaí say this morning. No one was murdered in the Border region for which loyalist paramilitaries could even be suspected. The only other person killed was Senator Billy Fox, who was killed earlier. At that time, there was no evidence whereby any rational person could even suspect it was loyalists. Many IRA people were living and given homes in Dundalk. They came across the Border from Belfast and other areas. Many of them were hounded out of their homes. At the time, only a total lunatic Unionist would come across and attempt——

The evidence states the opposite. However, we will move on from there. Page 59 of the Barron report states that Mr. McGahon told Superintendent Murphy he based his beliefs on conversations with gardaí on the murder of Seamus. He also said "and others". It is correct that Mr. McGahon based his evidence on the information he received from gardaí that Seamus's murder was carried out by the IRA?

Mr. McGahon

Yes, to a large extent.

Is Mr. McGahon saying the gardaí told him that the IRA killed Seamus?

Mr. McGahon

They would have told me it was their belief at the time.

While I do not want Mr. McGahon to name people, who were the others? Were they politicians, journalists or councillors, because you said "others"?

Mr. McGahon

I cannot go back all these years. It was the subject of conversation in Dundalk.

Mr. McGahon accepts——

Mr. McGahon

The Deputy's recent appearance playing the banjo would have been the subject of conversation throughout Ireland. People talk about these things. I was a Deputy when I had that conversation with Pat Kenny. I had absolutely no doubt at the time that the IRA was involved.

Does Mr. McGahon accept he got it wrong?

Mr. McGahon

I do.

Can Mr. McGahon describe the meeting in his clinic on 13 March 1988 with Mr. Kevin Ludlow and Mr. James Sharkey?

Mr. McGahon

I had an unpleasant meeting with them, which I regret. Kevin got a little emotional because obviously he had lost his brother. They were the only people with whom I ever had a serious problem in my clinic. I asked them to leave. The problem arose out of an initial meeting held in Buswell's Hotel which only Deputy Kirk attended. I took umbrage because I had not received notification of the meeting. I was not willing to accept responsibility for my failure to attend a meeting I was not informed about. I am still not prepared to do so, because I would have attended the meeting. Unfortunately, things got a bit heated. As the years have passed, I regret that this difficulty arose, but I felt they were blaming me and the other TDs in the wrong. There was nothing sinister about my altercation with them. It had nothing to do with Seamus's death. In fact, I am here to do what I can.

The issue at the meeting was not Seamus.

Mr. McGahon

No.

Did Mr. McGahon apologise to the family for this or did he make amends?

Mr. McGahon

I did not think I needed to do so.

Even though it is stated in page 59 of the report that you were abusive?

Mr. McGahon

That is what they said. I felt their attitude was totally wrong. It is a difference of opinion. I do not feel I should apologise, nor do I feel the Deputy should suggest to me that I should apologise to them.

Given his earlier remarks, I thought Mr. McGahon might have done so.

Mr. McGahon

I am here to show my solidarity with the family. I believe they were wrong in their suggestions to me. Could the Deputy attend a meeting to which he was not invited?

I am going by the Barron report.

There is a policy in regard to the matters at hand rather than personal matters.

In page 60, Mr. Justice Barron states that perhaps Mr. McGahon was somewhat reckless or naive in conveying his unsubstantiated views on the public airwaves. Does Mr. McGahon accept that criticism from Mr. Justice Barron?

Mr. McGahon

Yes, I do, because I was wrong. TDs can be wrong.

Does Mr. McGahon accept he was wrong on the issue?

Mr. McGahon

Yes.

I have a couple of brief questions for Mr. McGahon. I would like to home in on the comment made by the family to Mr. Justice Barron after meeting Mr. McGahon. They said he stated his knowledge of Seamus's murder was obtained from the gardaí and an IRA man who is now dead. Is that an accurate summary of where Mr. McGahon got his information?

Mr. McGahon

Yes, it is.

In regard to the gardaí, presumably this was a high profile murder in Dundalk. Was Mr. McGahon talking to many gardaí who held the view that the murder was perpetrated by the IRA?

Mr. McGahon

I honestly cannot say this.

Was it one or two members?

Mr. McGahon

Perhaps it was one, two or three members. I was a fairly outspoken opponent of the IRA. My life was threatened and I had to evacuate my family on one occasion when they threatened to bomb my home. I was no friend of the IRA. I would have spoken to gardaí on different occasions about conditions in the town and what was happening.

Was Mr. McGahon elected in 1979?

Mr. McGahon

I was elected in 1982.

I presume this information would have been flowing to Mr. McGahon in his capacity as a councillor.

Mr. McGahon

Yes.

I was trying to ascertain how widespread was the view within the gardaí that the crime was perpetrated by the IRA, which is the important issue.

Mr. McGahon

I can just make an assumption, even though I am aware people do not believe in assumptions. The reality is that at the time it seemed an open and closed case. Bodies had been found all over the Border, most of which had the stamp of the IRA. This crime took place in Dundalk to which, up until then, no loyalist paramilitary group had ever come.

The point I am coming to is that Mr. McGahon was led to believe that the IRA was involved by discussing the matter with a number of people within the Garda, going on local radio with it and, at the same time, the Garda was in possession of information from the RUC that the suspects, if not the perpetrators, were from Northern Ireland. How does Mr. McGahon now feel about the information conveyed to him at the time by the gardaí?

Mr. McGahon

I feel that the gardaí had no business giving me the information until they had formulated the case and there was total evidence against these people. It was not a topic for conversation with the local TD. I did not know anyone well enough for them to tell me out of the side of their mouth. I have no difficulty with that.

Even when the information was totally misleading at a time when the Garda would have had different information on the likely perpetrators of the offence?

Mr. McGahon

Perhaps that would be true if the gardaí had the evidence.

Mr. McGahon has also said one of his sources was an IRA man who is now dead.

Mr. McGahon

Yes.

Did he convey to Mr. McGahon that the IRA had carried out——

Mr. McGahon

He is dead and I will let him rest in peace.

I do not want Mr. McGahon to name him.

Mr. McGahon

I just wanted to tell the Senator that. Therefore, there is no point in putting ambivalent questions to me as I will not answer them. The man is dead.

Mr. McGahon will not answer——

Mr. McGahon

I will not answer questions concerning that person.

Mr. McGahon is here voluntarily as a witness to help us. I ask the Senator to be courteous to our witnesses.

With respect, I do not believe I was being discourteous.

Mr. McGahon

The Senator was not being discourteous. I have no problem with the questions asked.

The Chairman's comment was unworthy. What I am trying to ascertain are the Mr. McGahon's sources which he earlier were gardaí and a member of the IRA. Did a member of the IRA convey to him that this crime had been perpetrated by the IRA? That is a straightforward question. If Mr. McGahon does not want to answer it, I am quite happy with that.

Mr. McGahon

I did not go into the matter in any depth with him. It is easy for the Senator or anyone else to come to conclusions——

I am not coming to conclusions.

Mr. McGahon

The Senator is coming to conclusions on what has been put together in the Barron report. I was not aware of any report being prepared. At the time it appeared to be an open and closed case. There was no other firm in the business. A man had been found dead with extensive bullet holes in his head and body. There was no evidence at the time to suggest anybody else could have been involved. It had not been the work of the Salvation Army. Who else would people in Dundalk conjecture had taken that man's life?

I put it to Mr. McGahon that I knew another politician from the area who is now dead who took a contrary view at the time and who raised the matter at a number of meetings I attended. There were counter views. I am not disputing this. Mr. McGahon's sources included gardaí. From our point of view in assessing the view of the Garda, that is important. With regard to his second source, Mr. McGahon is not prepared to say——

This type of questioning is not appropriate to the sub-committee. It is too personal. Can we stick to the policy——

That question was about policy — the policy of the Garda. That was my last question.

Mr. McGahon

I am sure there are many problems in the Senator's constituency, possibly related to drugs, crime and anti-social behaviour, about which he regularly talks to gardaí. I am also sure they say things to him that he could not simply blurt out the following day. It is not easy.

That makes the point.

When a former Minister for Justice, Mr. Gerry Collins, appeared before the sub-committee this morning, he spoke about the enormous turmoil in the Border region at the time, the risk to the security of the State, the suspicions between the forces of the Republic and those in Northern Ireland and the difficulties in investigating crimes on both sides of the Border. In the case of this murder, the first breakdown in the investigation seems to have occurred totally on the RUC side in that it did not inform the Garda that it had suspects until 18 months after it had identified them. Subsequently, the question arose as to what procedures the Garda should take to persuade the RUC to use the instruments of law it had available to it at the time to bring these suspects to justice. Considering what was happening at the time, does Mr. McGahon consider that it was politically possible for the Irish Government to do more to ensure the RUC and the Administration in the North pursued these suspects and brought them to trial?

Mr. McGahon

Yes, I do, but the level of political co-operation at the time was very low compared to the relationship between the Taoiseach and the British Prime Minister today. There was not a great level of political co-operation. In 1979 when 19 young soldiers were killed in Warrenpoint and Lord Mountbatten and a number of others were killed in Sligo on the same day — in all 23 people died on Irish soil that day — there was very limited co-operation between the British and Irish Governments. Two people on the County Louth side of the Border were questioned by the Garda. Forensic tests subsequently showed they had gun powder on their clothing but the Director of Public Prosecutions did not prefer charges against them. That crime went unanswered, even though some 23 people were killed on Irish soil that day. There was very limited co-operation at Government level which I am sure percolated down and was reflected in relationships between the various police forces at the time.

I thank Mr. McGahon very much for coming. It was very good of him to take the time to do so. He has been very helpful to us.

Mr. McGahon

I hope the sub-committee will support the Ludlow family in its desire for justice. No murderer should be allowed to go free, no matter what his or her colour.

We will suspend the sitting for a few minutes to allow the next witnesses to take their places. We will hear from Detective Sergeant Gary Kavanagh and Detective Garda Terry Hynes.

Sitting suspended at 3.47 p.m. and resumed at 3.49 p.m.

I welcome Mr. Gary Kavanagh, a former detective sergeant, who aided Chief Superintendent Murphy in the 1998-99 investigation in carrying out archive searches of documentation relating to the case. Is that a fair comment?

Mr. Gary Kavanagh

That is correct.

I thank Mr. Kavanagh for coming. Mr. Terry Hynes is a former detective garda who was involved in the 1976 investigation. Is that correct?

Mr. Terry Hynes

Yes.

I thank Mr. Hynes for appearing before the committee. It is a voluntary exercise and we are most grateful to witnesses for assisting the Oireachtas with these current hearings. We cannot operate unless people like Mr. Hynes are prepared to do their civic duty and come here to assist us. We are most grateful to them.

Although Mr. Hynes has heard this a number of times already, I must repeat that committee members have absolute privilege in regard to what is said. Witnesses do not have that same privilege in regard to what they might say; they have a qualified privilege. I invite former Detective Sergeant Kavanagh to say a few words. We will then take some questions. I will then invite Mr. Hynes to say a few words and answer a few questions. I expect this to be a short session.

Mr. Kavanagh

I confirm that I was in charge of administration at the Garda Technical Bureau from 1997 to the date of my retirement in June 2003. While I cannot remember the date, I do recall being asked to look for this particular file. I cannot recall who asked me to look for it but it was somebody from security intelligence. It was probably C3 that phoned me at the time. I carried out a search in the archives which were housed in the basement of the Garda technical bureau. It was a manual search. There was no computer index to that particular file. I did not find the file. At that time I was not told it had any significance. I was not aware of the Ludlow investigations. I was only three years in the Garda force when that incident took place and I had no dealings with it. While working in administration I constantly received inquiries to look for files. It was just another day when I looked for that file and I reported back that, in that instance, I did not find it.

Reading through the book today, the only other thing I can say is that I did not carry out searches in the forensic areas that were under the technical bureau, that is, in the fingerprints, ballistics and photography sections. I was asked for and was looking for a murder investigation file.

I thank Mr. Kavanagh. Deputies Hoctor and Costello wish to ask questions.

I thank Mr. Kavanagh and Mr. Hynes for being with us. Mr. Kavanagh worked in the technical bureau up to the time of his retirement. Can he give us a brief sketch of how files are put away in the bureau? Are they easily accessible when somebody seeks them, particularly those relating to many years ago?

Mr. Kavanagh

There was a division at that time. At one stage the murder investigation squad came under the umbrella of the technical bureau and its files were kept there but when I joined the technical bureau that system had ceased. A full investigation file at the Garda Technical Bureau would not be opened into a murder occurring this week, it would be confined to the pertinent investigation sections such as ballistics in regard to bullets found and so on. Files would be retained by investigating members in their own sections and correspondence relating to any file coming to the chief of the technical bureau would also be kept on file. If the Ludlow murder had taken place this week a correspondence file would be opened on it but a full file would not be opened at this stage.

Would handwritten letters such as the ones from Mr. Courtney, for example, who appeared before the committee this morning, be in those files?

Mr. Kavanagh

Correspondence between the Commissioner and the chief at the time should be on file.

Reference is made on page 49 of the Barron report to Mr. Kavanagh and another detective inspector. It states that both men:

...checked the archives, which now come under the control of the Administration office, Garda Technical Bureau: No documents relating to the murder of Seamus Ludlow were found.

Mr. Kavanagh

That is correct.

Was it common that files could not be found when they were required or was it unique to this particular murder case?

Mr. Kavanagh

I cannot recall being asked to look up many other investigation files in the six years I was there, which was a short time. It was more usual to be asked for files relating to ordinary matters such as correspondence and so on, which often went missing. Nothing was computerised when I first went to the bureau. In my time there, perhaps as a result of my search at that time, we took all the files up from the basement, went through them one by one and created an index for future reference which was put on computer by staff under my direction. There was no computer index when I went there in 1997.

How good was security and how could a file go missing?

Mr. Kavanagh

For a start, one had to pass the garda at the front gate and in the same way as here today I had to have a pass badge. One had to pass separate security at the entrance of the Garda Technical Bureau. Once one got past reception one could move around the building freely. The files were in boxes in an area in the basement but they were not secured by lock and chain.

The 30th anniversary of this case will take place later this year. Does Mr. Kavanagh believe that greater assistance and more information will be available to the people researching this case in view of the almost 30 years that have passed?

Mr. Kavanagh

I do not understand. Does the Deputy mean in terms of freedom of information?

Yes, particularly in regard to State files that are often put away and become available after 30 years. Does Mr. Kavanagh believe any light will be shed on this case on which we do not appear to be currently making much progress?

Mr. Kavanagh

I do not think it will make a difference in the Garda technical bureau, which is the only aspect of the matter on which I can comment. I could not find any information to produce and I do not foresee a change in that regard. I do not believe anyone had a file and was holding back on it.

I thank Mr. Kavanagh.

I thank Mr. Kavanagh and Mr. Hynes for coming here to help us. Where is the technical bureau located?

Mr. Kavanagh

In Garda headquarters in the Phoenix Park.

When all the relevant documentation relating to the murder investigation unit was transferred to the administration office, are we talking about a transfer of sites or locations, or are we purely talking about the transfer of administration? Was the documentation physically taken to another site?

Mr. Kavanagh

Originally the Garda Technical Bureau was located on St. John's Road near Heuston Station. I think the murder unit was there as well. The administration was well established when I went there so I cannot say when the files were transferred, or by whom. They were already there when I arrived in 1997. Everything was set up.

Presumably all of the files were originally in a different location. The Ludlow file of 1976 would have been located at St. John's Road.

Mr. Kavanagh

I cannot say because I do not know exactly where the investigation unit was at that time. Perhaps somebody else would be able to say but I do not know where it was in 1976.

If there is no file available, although there should be, it could have been lost in transit.

Mr. Kavanagh

I cannot say as I am not sure.

The search was requested by C3, not Mr. Justice Barron. Was C3 the conduit used by Mr. Justice Barron?

Mr. Kavanagh

Yes.

Was the search undertaken for C3 or Mr. Justice Barron?

Mr. Kavanagh

It was carried out on behalf of the Barron inquiry.

The search carried out did not include forensics, fingerprints or photographs. Did it include files on the Ludlow case, correspondence and investigation files?

Mr. Kavanagh

Yes. In 1997 I created a filing system. I knew where to locate files on, for example, the Ludlow case. I examined this; I went to the archive and examined the files on various murder cases.

Did Mr. Kavanagh search every single file?

Mr. Kavanagh

Yes, every single file, dating back to 1924.

Was there an index or an indication of where to begin a search?

Mr. Kavanagh

No.

A file or document could have been misplaced but the file would be titled.

Mr. Kavanagh

It could quite easily have been misplaced or it could have been placed between the pages of another file. I examined the front cover of every file, not every page. They were normally tied and banded, with a title on the front.

Did anybody examine the forensic files on behalf of Mr. Justice Barron?

Mr. Kavanagh

I cannot say because I do not know if a request was made. I did not receive such a request.

Are there extensive forensic files in the technical bureau?

Mr. Kavanagh

Such files would include fingerprints taken at the scene and photographs. These are not kept by the administration but in each individual section.

Were they under Mr. Kavanagh's control?

Mr. Kavanagh

No and they still are not.

I thank Mr. Kavanagh. Mr. Terry Hynes was involved in the investigation in 1976 and wishes to contribute.

Mr. Hynes

I met Mr. Justice Barron on this matter and answered the questions he put to me. I am satisfied what I told him was accurate. While I am willing to answer any questions members put to me, I have no statement to make.

I thank Mr. Hynes for his assistance. On page 68 reference is made to his contribution to the original Ludlow investigation as a member of the murder investigation unit. He remembers being approached by Detective Chief Superintendent Dan Murphy some time after the investigation had ended. The latter asked Mr. Hynes to accompany him to Scotland to interview suspects in the Ludlow case, a matter that was to be kept confidential.

Mr. Hynes

I was approached by Detective Chief Superintendent Murphy, as he was at the time outside Dundalk Garda station in 1979. He was not known as someone who would talk up suspects but stated a strong suspect was in Scotland. He asked if I had been there and if I would be prepared to travel to Scotland as part of an investigation team. I agreed and he asked me to keep the matter confidential. He was concerned that this would be published in the press and that the case would be blown before we arrived. I never spoke of it until I met Mr. Justice Barron.

That was a wise move. The report refers to Detective Chief Superintendent Murphy as an assiduous, dogmatic detective who followed through on matters.

Mr. Hynes

He seemed very determined and had a strong resolve to bring this case to a successful resolution. He had an air of confidence that we could do so.

Obviously, he thought that this interview was crucially important in progressing the investigation.

Mr. Hynes

I interpreted his attitude as belief the trip would bring fruitful results.

The reference in the report suggests it could have broken the case.

Mr. Hynes

That is correct.

From knowledge of the case and as one who was involved from the outset, Mr. Hynes would have appreciated the significance of the meeting.

Mr. Hynes

Very much so.

When Detective Chief Superintendent Murphy approached Mr. Hynes to conduct an investigation and interrogate a suspect outside this jurisdiction, it did not seem to present any unusual problems. He did not suggest there could have been difficulties in authorisation for such a visit being granted.

Mr. Hynes

I had accompanied Detective Chief Superintendent Murphy on previous external investigations in the North and worked on the Boyce and Porter murder case with Chief Superintendent Courtney, to whom reference was made this morning. At the time Chief Superintendent Courtney was in Donegal and Detective Chief Superintendent Murphy and I interviewed suspects in custody in Crumlin Road Prison, Belfast, about other offences.

Did Mr. Hynes interview these suspects in Belfast?

Mr. Hynes

Yes, regarding the Donegal murder.

In what year?

Mr. Hynes

In 1972.

Mr. Hynes has been in attendance since the beginning of proceedings this morning and must have been astonished at some of the testimony. I asked witnesses if such interviews had taken place and both replied that they had not. Mr. Hynes is stating such investigations did take place.

Mr. Hynes

I was involved in a number of external investigations where we interviewed suspects and witnesses to events that had taken place in the South. These interviews took place in the North.

How many such interviews took place?

Mr. Hynes

There was a train robbery in Dundalk and a number of suspects we traced to Dublin were subsequently identified as being from Belfast where they were arrested. Statements were taken by the RUC. A team of gardaí travelled to Belfast to interview the suspects. It was a top secret mission but on the news at 12 o'clock, heard over a transistor radio, it was stated detectives were en route to Belfast by train. We interviewed the suspects, took statements from them and they were subsequently extradited to the Republic of Ireland and convicted of the train robbery.

Was that a political crime?

Mr. Hynes

It was an armed robbery.

Was it viewed as having political motives?

Mr. Hynes

Yes.

Was that one of three cases mentioned?

Mr. Hynes

There was also the case of an American, Monroe Nish, killed near Castlebellingham, County Louth. He was a tourist. At the time Detective Chief Superintendent Dan Murphy and another member of the Garda Síochána travelled to Guernsey where they interviewed and took statements from a person who was subsequently charged with the crime, extradited to Dublin and convicted.

To put it plainly, Mr. Hynes partook in two serious criminal investigations outside of this jurisdiction in which suspects were interviewed and subsequently extradited to this country and convicted.

Mr. Hynes

Yes.

Senior officers in the Garda Síochána, from the former Commissioner down to the head of C3, including senior detective inspectors, could not verify what Mr. Hynes has told us, or even give us an example such as he has given.

Mr. Hynes

Superintendent Courtney alluded to this in his evidence this morning. He was in Derry and spoke with the person subsequently charged in the case where a boy and girl from Donegal were stopped by members of the UVF in Derry and shot. Their bodies were also mutilated. The person concerned was subsequently extradited from Northern Ireland to the Republic and convicted.

Mr. Hynes will appreciate that this contradicts and undermines evidence we heard this morning.

The Deputy should be careful about using the word "undermine" in this context.

I understand. How does Mr. Hynes feel now that the sub-committee is in possession of this information? It was almost run of the mill.

Mr. Hynes

It could not be described as run of the mill. As far as I am aware, the normal procedure was that when such journeys were made, permission had to be received from crime and security branch, or C3 as it was then known.

I want to come to that matter but before doing so I wish to ask whether Mr. Hynes could provide us with written details of those instances or any other such cases, if he does not mind. It is a matter for him voluntarily. They would be extremely helpful.

Mr. Hynes

I will endeavour to do so. It would involve considerable research within Garda files. I do not have any personal papers relating to those cases since I have left the Garda Síochána. I am sure there are records of all of them.

I understand. If we had general information such as names and details of all of those cases in writing, we could do our own research.

Mr. Hynes

Exactly. If the files were available, the statements taken by us would be included.

When Detective Chief Superintendent Dan Murphy approached Mr. Hynes regarding the Ludlow case and he understood the significance of it, was it strange that interview never materialised subsequently?

Mr. Hynes

During subsequent brief discussions with Detective Chief Superintendent Murphy regarding this case, he never disclosed any details but he had an air of disappointment about him. I am satisfied that the reason we did not travel to Scotland had absolutely nothing to do with former Detective Chief Superintendent Murphy who is now deceased. As I stated, he had a strong and determined resolve to go there and bring this matter to a successful conclusion.

The fact that he, with Chief Superintendent Courtney, was determined to bring this matter to a conclusion has come through from the report and other witnesses. Putting it directly, Mr Hynes understands he was prevented from going to Scotland to——

Mr. Hynes would not know of that matter.

Mr. Hynes

I have no knowledge of what took place between Detective Chief Superintendent Murphy and higher authorities within the Garda Síochána.

Did Mr. Hynes ever inquire of the late Detective Chief Superintendent Murphy as to why he did not go?

Mr. Hynes

It was discussed briefly but he never went into detail about it. He had an air of disappointment about him.

Did he mention the 1953 directive which required permission from the assistant commissioner and the head of C3 for any interrogations outside the jurisdiction?

Mr. Hynes

No, I have been involved in many serious criminal investigations with external connotations. I never heard of that document and never heard it discussed, even when arrangements were being made to travel abroad. It was never discussed as a legal matter. I imagine if it was an impediment to us, we would all have known about it. I never heard of it.

It is hard to reconcile what we heard this morning with what we have just heard. To clear up any ambiguity, could the visits Mr. Hynes made outside the jurisdiction have been interpreted as involving the investigation of non-political crimes?

Mr. Hynes

The armed robbery was definitely a crime. Whether they were political or non-political did not make a difference to us. We had to investigate them.

It does make a difference regarding the directive issued in 1953. My understanding is that in certain circumstances gardaí were allowed to travel abroad if the investigation of non-political crimes was involved.

Mr. Hynes

That did not come into play as far as we were concerned. We never heard of this circular. I was never aware of it.

The Commissioner could still take the position that, as far as the investigation of politically motivated crimes was concerned, gardaí do not travel to other jurisdictions to question suspects.

Mr. Hynes

I have been involved in many investigations where extradition had to be sought. I never heard that document discussed as an impediment to extradition.

When the former Minister with responsibility for justice was before the sub-committee this morning, we heard that an extradition procedure was not available between Northern Ireland and the Twenty-six Counties for a certain period. I do not have the information on the dates involved to hand.

Mr. Hynes

My recollection is that many cases were taken but they were thrown out by the courts.

The situation as it turned out was that an extradition procedure was not available at the time.

Mr. Hynes

I cannot say that. That is a legal matter for the courts.

When Mr. Hynes interviewed the suspects, were local policemen present at the interviews?

Mr. Hynes

In the case of the train robber we were allowed full free access to the suspects.

There was no one else present.

Mr. Hynes

We had consultations with local detectives. In the Donegal case we also had consultations. We were met by detectives in Belfast and taken to Crumlin Road prison where we interviewed the suspects.

Were Mr. Hynes and his colleagues totally on their own?

Mr. Hynes

We were totally on our own, I might add not successfully.

There could be no perception whatsoever that the RUC was still in charge of the interview process.

Mr. Hynes

At the time, in the early 1970s, if we travelled to the North with permission from the crime and security branch, we were allowed by the Northern police to talk to the suspects. That changed in 1980 when new rules came into play. I was involved in the second investigation with Superintendent Ted Murphy in 1988 when the four suspects were arrested and taken to Castlereagh in Belfast. A team of detectives travelled from Dundalk to Belfast where we had discussions with senior detectives. We laid out a plan and strategy. At that time, all the people who were arrested and taken in were interviewed by a team of 16 RUC detectives, who had been placed at our disposal to carry out such interviews.

I want to tease out one or two points. Is Mr. Hynes saying that, in the Boyce and Porter case, he conducted the interview?

Mr. Hynes

At that time, I was accompanied by Detective Inspector Hubert Reynolds, who was a former all-Ireland footballer for Louth. We both went to an office in Crumlin Road in Belfast to conduct an interview. I cannot recall the fellow's name, but we certainly interviewed someone there.

Mr. Hynes was present at the interview and he actually asked the questions.

Mr. Hynes

That is correct.

Were other RUC officers present at the interview as well?

Mr. Hynes

No. Inspector Reynolds and I were alone in the room with the man. The RUC officers waited outside the door.

Mr. Hynes and Inspector Reynolds acted not just as back-up but as the people who carried out the investigation directly.

Mr. Hynes

That is correct.

In addition to Hubert Reynolds, were other officers also present?

Mr. Hynes

Yes. Chief Superintendent Dan Murphy who is now deceased — I think he was a superintendent or inspector at the time — was also present, as were other members of the technical bureau.

A number of other officers were present. Is Mr. Hynes aware of other teams of detectives that went to Belfast on separate investigations in which Mr. Hynes was not involved?

Mr. Hynes

Yes. For the train robbery case, I know we visited Belfast on a number of occasions to take statements. As I recall, we visited Musgrave Park Hospital, where a suspect who had been shot while evading arrest was a patient. We were taken to the hospital, where we interviewed him while he was in bed.

Did other officers from the Republic accompany Mr. Hynes?

Mr. Hynes

Yes, we had other officers from Dundalk. Members of the security forces from the North of Ireland were in close proximity, but they did not take an active part in the investigation.

For all those investigations, would permission have been requested from C3?

Mr. Hynes

It was essential to have permission before we could go. The matter had to be cleared by high authority through C3. No detective or police officer from the Garda Síochána would undertake to travel without permission to interview a suspect in the North of Ireland or any other jurisdiction.

At what level in C3 was the authority granted?

Mr. Hynes

The arrangements for such travel were made by senior officers — my superior officers — who were in contact with crime and security. I was never party to making those arrangements.

When Mr. Hynes had to go to Glasgow to conduct an investigation with a suspect, was it his understanding he would actually conduct the interview?

Mr. Hynes

I cannot honestly say. At the time, it looked as if we would have access to speak to the suspect directly. In the light of subsequent events, we were disappointed we did not get an opportunity to do so. Although approximately two and a half years had elapsed between the crime taking place and the information becoming available, in the light of what we all know now we could probably have brought the matter to a successful conclusion then.

Further to those questions, what was the last year Mr. Hynes went to Belfast to question suspects?

Mr. Hynes

I was involved in the second investigation with Chief Superintendent Ted Murphy. For that investigation, four suspects who had been arrested and taken into custody in Belfast were questioned there. That was in 1998.

Sorry, I am referring to the 1970s. Did Mr. Hynes go to Belfast in 1972?

Mr. Hynes

We were there for the Boyce and Porter case and for the train robbery case.

In what year was that?

Mr. Hynes

Offhand, I cannot recall.

Would those visits have taken place closer to 1979 or closer to 1972?

Mr. Hynes

I honestly cannot say. I would need to do some research.

I just wonder whether a change of emphasis took place in the late 1970s.

Mr. Hynes

The change of emphasis came about in the early 1980s.

I will follow up on that issue, but I have another question. Mr. Hynes said the new rules were introduced in about 1980. What were those new rules and why were they introduced?

Mr. Hynes

I do not know specifically why they were introduced, but I suspect they were brought in as a result of the letter that was referred to this morning. The letter alleged that RUC officers who had come to Dundalk to interview a suspect had concocted his confession.

I think that happened in 1975.

Mr. Hynes

I cannot recall. We might be talking about two different cases.

Mr. Hynes said officers who travelled North with the permission of C3 could interrogate suspects directly. Were any distinctions made? Were there times when officers travelled North without that permission?

Mr. Hynes

Sometimes informal discussions would take place prior to an investigation. The arrangements would then be formalised by a request made by a senior Garda officer to crime and security.

Was Mr. Hynes involved in only two such interrogations in the North?

Mr. Hynes

Yes.

Did such arrangements occur fairly regularly? Did they happen once a year or more regularly?

Mr. Hynes

I can recall three specific cases. In the other case I mentioned, people travelled to Guernsey after an American tourist who had been an invalid was killed outside Castlebellingham. In that case, Chief Superintendent Murphy and other members of the Garda Síochána travelled to Guernsey to interview a suspect. After the statements were taken in Guernsey, the suspect was subsequently extradited to Ireland where, as I recall, he was convicted of manslaughter.

As Mr. Hynes will have gathered from what he heard earlier today, his comments are at variance with what was said by the people who were in charge of C3. Does that surprise him?

Mr. Hynes

Yes, it does.

Does Mr. Hynes know of any reason the people in charge of C3 would not have been aware of what was happening on the ground?

Mr. Hynes

The arrangements for such visits were made by senior officers. As I was not privy to the discussions that took place, it would be unfair of me to make any comment.

In the third paragraph from the top of page 75, the report makes some observations about the late Detective Superintendent Murphy. Does Mr. Hynes agree with the conclusion the paragraph makes about the only conceivable impediment?

Mr. Hynes

From my contacts with Chief Superintendent Dan Murphy over a number of years, I am satisfied he made every possible effort to ensure the issue was investigated. We were not aware of anything until Chief Superintendent Ted Murphy — there are two Murphys involved — initiated the new investigation in 1998, when all this subsequent information became available.

On the permission to interview suspects in the North, does Mr. Hynes know whether his senior officers received that permission in writing from C3?

Mr. Hynes

I never saw any correspondence of that nature.

Did Mr. Kavanagh ever come across a document which indicated permission for gardaí to go and interview suspects in the North?

Mr. Kavanagh

No.

Does Mr. Hynes know if an oral direction not to go to Glasgow was given to Dan Murphy at that time?

Mr. Hynes

I am not aware of any such direction.

Is it possible a divisional head, rather than someone in C3, would make a decision that it was permissible for a team to go into another jurisdiction if they adjudged the crime to be non-political?

Mr. Hynes

My experience was that all external visits by police to conduct Garda business outside the State had to be passed by crime and security. Permission had to be sought and granted by them before any such visits could be made.

That brings us to the conclusion of the second day of hearings by the sub-committee on the Barron report on the murder of Seamus Ludlow. I want to thank all the witnesses who attended before us today. We have taken note of all the contributions and found them most helpful. We will certainly bear them in mind throughout the hearing process. We will now break for today.

To formalise this, may I ask Mr. Hynes, in so far as he can, to give us in writing all of those cases in order that we can follow them up, if he would not mind?

Mr. Hynes

Before I leave I will give details.

I will ask the clerk of the sub-committee to liaise with Mr. Hynes on that matter.

Perhaps Mr. Hynes could also supply the names of the other officers who were present in all of the cases.

Mr. Hynes

Yes.

Okay. We will resume tomorrow at 10.30 a.m. with a continuation of public hearings at 11 a.m. when we will hear from the former Garda Commissioner, Pat Byrne, and the current Commissioner, Mr. Noel Conroy.

The sub-committee adjourned at 4.35 p.m. until 10.30 a.m. on Wednesday, 1 February 2006.

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