The High Court has granted permission to a retired detective to challenge a finding by the Smithwick Tribunal that he gave information to the IRA about a man it later murdered.
Owen Corrigan totally rejects the “completely false and grossly damaging” findings that he told a senior IRA operative the late Tom Oliver was a Garda informant shortly before Mr Oliver was abducted and murdered, his counsel, Jim O’Callaghan SC, said.
Mr Justice Michael Moriarty said yesterday, after “careful consideration”, he would grant leave to Mr Corrigan to bring his judicial review challenge aimed at quashing and removing certain findings relating to him in the tribunal report.
Killings by the IRA
The tribunal was set up to inquire into the killing by the IRA in 1989 of senior RUC officers Chief Supt Harry Breen and Supt Robert Buchanan.
The tribunal made no finding Mr Corrigan was involved in collusion with the IRA in respect of the deaths of those officers.
In his action, Mr Corrigan claims he was denied fair procedures as he was not given advance notice that any finding in respect of Mr Oliver’s death could be made against him.
In making that finding, the tribunal acted outside its terms of reference, which was to investigate the allegation of collusion in the death of the two RUC officers, he claims.
Mr Justice Moriarty granted leave to challenge that finding but refused leave to challenge another finding that Mr Corrigan had not co-operated with the tribunal over providing details of his bank account.
Accepted evidence
In his final report, Judge Peter Smithwick said he accepted evidence from Kevin Fulton, who said he worked for the British military's intelligence unit in Northern Ireland.
Mr Fulton had told the tribunal Mr Corrigan had provided information that Mr Oliver was an informant to Mooch Blair, a senior member of the IRA, in the car park of a Dundalk pub in 1991 as a result of which, Mr Fulton said, Mr Oliver was murdered by the IRA.
In his evidence to the tribunal, Mr Corrigan denied Mr Fulton’s claims.