The Smithwick tribunal, established in 2005 to investigate the murders of two RUC officers during the Troubles, produced an interim report last week. After over five years’ investigation, it was markedly short of new information about the IRA murders in 1989, and bereft of conclusions as to whether a garda mole assisted terrorists. More unsatisfactorily still, Judge Peter Smithwick, the inquiry chairman, said he “cannot give a definitive estimate of the time it will take to complete the work of the tribunal because of a number of factors”.
The Oireachtas has set Judge Smithwick a deadline of November 30 to complete the tribunal’s work, but it seems clear from the three-page interim report this will not be met. Indeed the judge was not even able to give an indication as to when public hearings will be complete. About 30 witnesses were heard in June, but there are 115 more to go, and some previous ones may be recalled.
All the indications are that, if undisturbed by the government, this tribunal could continue for at least a further year, possibly longer. That leaves the cabinet, and specifically Alan Shatter, the justice minister, with a dilemma. Should it permit this inquiry to breach its deadline? Should it allow the €8m cost of the tribunal to escalate to who-knows-what proportions, knowing every cent Ireland spends is now borrowed at extortionate rates of interest from our foreign paymasters?
The murders of Chief Superintendent Harry Breen and Superintendent Bob Buchanan in south Armagh were undoubtedly barbaric and disgusting. Fortunately, such deaths have almost been eliminated from Northern Ireland following the peace process. Does it now matter if those officers’ killers were aided by a rogue garda, one almost certainly no longer in the force? The hard-hearted but practical answer is “no”. It is certainly not worth spending tens of millions of euros on an elaborate “mole” hunt.
The evidence heard so far by Justice Smithwick has featured a good deal of rambling reminiscence. Was there a rogue in the gardai? Some witnesses think so, others not. There is a noticeable lack of hard evidence and every indication that the judge may not be in a position to draw firm conclusions.
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Meanwhile, lawyers’ meters are ticking. Two barristers have already become “fee millionaires”. Judge Smithwick himself has claimed over €160,000 in expenses. Ten parties have been granted legal representation, and their bills will ultimately be paid by the taxpayer. All of this expense is justified, but is it worthwhile? We would suggest not. At the very least, Mr Shatter is right to monitor the progress of this inquiry extremely closely.