The head of Garda intelligence told the Special Criminal Court yesterday that there was a "a very real and very substantial" threat to the lives of FBI witness Mr David Rupert and his family because of his involvement in the case of the alleged "Real IRA" leader Mr Michael McKevitt.
Det Chief Supt Martin Callinan, of the security and intelligence section of Garda Headquarters, said his role was the monitoring of subversive and criminal activity in this jurisdiction.
He said he had fears for the safety of Mr Rupert, the chief prosecution witness against Mr McKevitt, who is charged with directing a terrorist organisation.
"As a result of Mr Rupert's involvement in this case I view the threat to his life and members of his family as being very real and very substantial," he said.
He said he had no doubt that "extreme efforts" had been made to locate Mr Rupert and members of his family. "This activity is being pursued with great vigour by members of the 'Real IRA'," he added.
Det Chief Supt Callinan said: "To identify any of these people, either personnel from the British Security Service or people who have supplied information in relation to the activities of Mr McKevitt, without a shadow of a doubt, their lives would be in great danger if their identities or whereabouts were to be exposed."
It was the third day of a preliminary hearing of an application by Mr McKevitt's defence for disclosure of material in advance of his trial. Mr McKevitt's trial is due to go ahead early next year and is expected to last six weeks.
The preliminary hearing has been told that the chief prosecution witness is US citizen Mr Rupert, who allegedly attended several meetings of the "Real IRA" army council at which Mr McKevitt was present.
Mr Rupert, who worked for the FBI and the British Security Service (MI5) since 1994, will tell the trial that Mr McKevitt asked him to get material in the United States and appointed him temporary liaision officer for his organisation in the US.
Mr McKevitt's lawyers have argued that Mr Rupert had a long-time criminal involvement and they are seeking all material relating to his business dealings and criminal investigations into his activity.
Mr McKevitt (51) of Beech Park, Blackrock, Dundalk, Co Louth, is charged that between August 29th, 1999 and March 28th, 2001, within the State, he was a member of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Óglaigh na hÉireann, and that he directed the activities of the same organisation.
It is the first prosecution for directing terrorism under legislation brought in after the 1998 Omagh bombing and anyone convicted of the offence faces a maximum sentence of life imprisonment.
Det Chief Supt Callinan said that there were files in his section from intelligence sources of many types spanning three decades on the activities of Mr McKevitt. If these were to be disclosed, even in the form of a descriptive part, it would undoubtedly lead to identifying the individuals concerned.
He said he had no doubt about the capabilities of the "Real IRA" or the measures it went to to identify people supplying intelligence to the gardaí. The chief superintendent said there were many examples in the past of the retribution carried out by the organisation of which Mr McKevitt was part and of which Mr Rupert would give evidence.
Cross-examined by Mr Hugh Hartnett SC, counsel for Mr McKevitt, Det Chief Supt Callinan said that the gardaí had not been involved in the review of material in the possession of the British Security Service. He said he had several meetings with the British Security Service about the case.
He said the British Security Service had very real concerns about the lives of its personnel and the methodology they adopt in performing their duties in the fight against terrorism.
He said he had pointed out to the British Security Service the importance of making available to the court all matters that were relevant to the prosecution of Mr McKevitt.
Det Chief Supt Callinan said that the nature of the case was well known to the British authorities who had agreed with the FBI to allowing an intelligence asset to come forward and give evidence about Mr McKevitt directing terrorism.
He said he had no material relating to Mr Rupert's dealings with the gardaí and he said he had no notes of any meetings between Mr Rupert and Assistant Commissioner Dermot Jennings.
Earlier Mr James Krupkowski, the chief division counsel at the Chicago field office of the FBI, admitted that the DPP had not been furnished with all files relating to Mr Rupert. He told Mr Hartnett: "Rummaging through FBI files is not allowed."
Mr Krupkowski said that the decision on what information to release to the Irish authorities was taken by up to 10 people including himself, FBI agents, programme managers at FBI headquarters and the national security lawyer. He said that there had been lengthy meetings involving the Irish authorities.
Mr Krupkowski told Mr Hartnett that there was a schedule of material that had been redacted (edited) but he refused to hand it over and said it was "classified." He said he could not recall any of the withheld information dealing with Mr Rupert's alleged criminality but agreed it was possible.
The court heard closing submissions yesterday from Mr George Birmingham SC for the State and Mr Hartnett. Mr Hartnett's submission continues today.