THE FIRST interim report of the Smithwick Tribunal published last night has raised doubts as to whether it can complete its work by the November 30th deadline imposed on it.
The report by chairman Judge Peter Smithwick has indicated a substantial workload, including evidence from potentially 115 further witnesses, in addition to some witnesses who have already given evidence being recalled.
The chairman of the inquiry investigating allegations of collusion into the IRA ambush of two senior RUC men in 1989, was requested by the Oireachtas to prepare an interim report by June 30th, ahead of a final report on November 30th. The three-page interim report was made publicly available yesterday evening.
He also indicates the emergence of newly discovered evidence, including new documentation from the British ministry of defence. “On June 9th, the ministry of defence confirmed to the tribunal that it does hold documentation coming within the ambit of the tribunal’s request and this will obviously have to be reviewed in due course,” he states.
He also referred to a “potentially important witness from outside the jurisdiction” agreeing to meet the tribunal, with arrangements being put in place.
In the report, the chairman outlines the chronology of the tribunal’s work since being established in 2005, including its private phase which concluded in April this year. He says the inquiry will continue hearing evidence from witnesses until October.
Regarding the November 30th deadline, Judge Smithwick states he is committed to concluding its work in “as expeditious and cost-effective a manner as possible . . .”. “[I] cannot give a definitive estimate of the time it will take to complete the work of the tribunal.” He says the reasons for this are the need to be flexible with witnesses from outside the jurisdiction and that availability in July is limited.
“I cannot anticipate any delays that may arise as a result of any application . . . to the High Court.”
He said in the light of those factors he could not anticipate how long that would extend the work of the tribunal.
