The 1970 Arms Trial statement of Col Michael Hefferon implicating Mr Jim Gibbons was seen by the minister for justice, Mr O'Malley, just two days after it was made, according to documents in the National Archives.
The transmitting of a witness statement to such a high political level at this early stage of a Garda investigation was highly unusual. Col Hefferon, the former director of Army Intelligence, gave his statement to Det Insp Ned O'Dea at Dublin Castle on May 30th, 1970, according to the copy of it made available under the 30-year rule.
The previous day he had been visited at home by Det Insp O'Dea, who gave him a written note from the Attorney General, Mr Colm Condon, authorising him to tell the Garda information that would normally be withheld under the Official Secrets Act.
Notes on Col Hefferon's May 30th statement indicate that it was seen by the Secretary of the Department of Justice, Mr Peter Berry, the following day, Sunday, May 31st. It is then marked as having been seen by the Minister for Justice, Mr O'Malley, on Monday, June 1st.
The version of the statement included in the Book of Evidence for the trial in September 1970 contains none of the passages stating that the then minister for defence, Mr Jim Gibbons, knew of the plan to import arms for distribution to Northern nationalists.
These key sections in the original statement appear to have been marked by Mr Berry on May 31st, the day he saw the statement. However, there is no evidence that Mr Berry did any more than note these passages. How they ended up being omitted from the final statement is not known.
The documents show that the Book of Evidence was, unusually, typed up by Garda detectives in the presence of a member of the prosecution legal team. This was done to ensure secrecy, according to the documents.
However, there is no explanation as to why a sensitive witness statement should be passed to the most senior level of the Department of Justice. The normal procedure was first for the investigating gardai to compile a file of statements and evidence. This would then be sent to the Attorney General's office - there was no Director of Public Prosecutions at the time.
Decisions as to whether to prosecute would be made in the Attorney General's office and a Book of Evidence would be compiled and typed there or in the office of the Chief State Solicitor.