June 6, 2003 McKevitt Trial Will Go Ahead, Says Judge
by John Maddock, © Irish Independent, http://www.unison.ie/irish_independent/ & http://www.unison.ie/

A HIGH Court judge yesterday cleared the way for the trial of alleged Real IRA leader Michael McKevitt to proceed before the Special Criminal Court on February 11.

Mr Justice Iarlaith O'Neill refused leave to McKevitt to take judicial review proceedings challenging a decision by the court.

The Special Criminal Court refused McKevitt further disclosure of documents relating to FBI agent David Rupert, the main witness against him in his forthcoming trial. McKevitt has received substantial documents relating to Rupert but his lawyers had expressed dissatisfaction with the manner in which that material was disclosed and the extent of it.

Lawyers for McKevitt said they were considering yesterday's decision. However, the Supreme Court is likely to facilitate an early hearing of the appeal and, if McKevitt is unsuccessful, his trial will proceed as scheduled.

McKevitt (51) of Blackrock, Dundalk, and now in custody in Portlaoise Prison, is the first person in the State to be charged with the offence of directing terrorism between August 29, 1991 and March 28, 2001. He is also charged with membership of the IRA.

After a four day hearing last year, the SCC refused an application by McKevitt for further disclosure of documents, particularly material in the possession of the British Security Services and FBI relating to the credibility of Rupert.

The DPP had opposed McKevitt's High Court application. It was submitted the DPP had met his disclosure obligations in full and the application was an effort to prevent McKevitt from ever being tried.

In his reserved judgment yesterday, the judge said McKevitt had not advanced any arguable case in law for the granting of leave. During submissions to the court, McKevitt's real case had emerged, the judge said.

It was argued that because there was no system for the listing of documents given to McKevitt's lawyers, it had not been possible for him to have a fair hearing on the motion for disclosure. The kernel of McKevitt's complaint related to edited documents which were disclosed and other documents in the possession of foreign security agencies which were not disclosed.The judge held the SCC had given the discovery matter a patient and attentive hearing and reached conclusions fully supported by the evidence.

The SCC had also held it had no jurisdiction to compel foreign agencies, the British Security Services and the FBI, to hand over material in its possession. Mr Justice O'Neill said the SCC was within jurisdiction in so holding.

If evidence did emerge, an application could be made.