The case against a former chef sought in connection with a break-in at a top security base in Northern Ireland dramatically collapsed today after prosecutors said he would not receive a fair trial.
The Northern Ireland Prosecution Service announced that Larry Zaitschek can no longer be prosecuted because of the emergence of new evidence concerning the 2002 break-in at Castlereagh police station.
Mr Zaitschek worked in the base’s canteen at the time of the dramatic events, when three intruders breached security and escaped with top secret files believed to have related to police officers and their agents inside paramilitary ranks.
Millions of pounds were spent rehousing officers and others whose security was compromised by the episode.
In the aftermath of the Castlereagh break-in, Mr Zaitschek returned to the US.
The man who became known as “Larry the Chef” alleged security force harassment in the period that followed and said he would resist attempts to extradite him.
His wife was said to have entered a witness protection programme in Northern Ireland and Mr Zaitschek claimed he was being kept apart from their young son, Pearse.
Events took a further twist when it emerged that Mr Zaitschek had known senior republican Denis Donaldson.
The senior Sinn Féin figure was later exposed as a security force spy and went into hiding before being shot dead by unknown gunmen at an isolated cottage in Co Donegal, where he had been living.
The circumstances of the Castlereagh raid went to the heart of the covert world of intelligence gathering.
A statement issued today by the Police Service of Northern Ireland (PSNI) said it had properly pursued its investigation.
It said: “The PSNI has pursued a rigorous and thorough investigation into the events concerning the aggravated burglary at Castlereagh police station which occurred on March 17 2002.
“All materials and evidence gathered during the course of that investigation and known to the PSNI were properly presented or revealed to the Public Prosecution Service, who initially concluded that the test for prosecution was met.
“Recently, other material, which did not originate from the PSNI or the security and intelligence agencies, was drawn to the attention of the PSNI.
“This was relevant to the facts at issue and the PSNI agreed was such that its disclosure would be necessary in order for Mr Zaitschek to receive a fair trial.
“Despite the efforts of the PSNI, we are not in a position to make available all the relevant material to PPS for the purposes of disclosure.
“Consequently, the PPS have concluded that Mr Zaitschek could not receive a fair trial and PSNI are in agreement that a prosecution could not proceed in those circumstances.” The Northern Ireland Office declined to comment today and said the matter was one for the justice system and not for government.
PA