Solicitors for the families of two murdered RUC officers have complained they were left attempting to "second guess" proceedings at the Smithwick Tribunal.
Chief Supt Harry Breen and Supt Bob Buchanan were killed in an IRA ambush in south Armagh after they left a meeting in Dundalk Garda station in March 1989. The Smithwick Tribunal is inquiring into suggestions that a member or members of the gardaí in Dundalk may have tipped off the IRA and colluded in the murders.
But at the start of proceedings this morning, Mary Laverty SC for the tribunal told Judge Smithwick that solicitors for the families of the murdered officers had raised an issue of access to information at the tribunal.
The issue related to the circulation of a précis of Garda intelligence obtained in 1993 that this week was circulated to some parties at the tribunal, but not to solicitors acting for the families. Tribunal lawyers had initially intended the summary, which had been deliberately drawn up to to hide its origins, would be read out in public session.
However, after objections from Jim O'Callaghan SC on Tuesday, on behalf of former Det Sgt Owen Corrigan of Dundalk station, the précis was not read out.
This morning Ernie Waterworth of McCartan Turkington Breen Solicitors, for the family of the late Supt Buchanan, told the tribunal the moves had left legal teams for the families "trying to second guess" what was happening.
Ms Laverty said the document had not been circulated to the families as they had been granted only partial legal representation at the tribunal.
Mr Justice Peter Smithwick said he appreciated the position of the families and was greatly concerned for them. He said "the Breen and Buchanan families have been very helpful to me, and I appreciate that, and I am very concerned for them".
But he said "the system existed in justice" to circulate documents to parties granted full representation, while those with only partial representation would be notified of issues of which they had a direct knowledge or input.
In this case, the judge, said he did not think the families could have any knowledge of, or input into, the issue of the précis. Even if they had knowledge of it, he said he did not think they would be affected by it.
He said sometimes there were issues of State security and that lives may depend on material being restricted.
The judge reiterated he was "acutely aware of the interest of the families". He added it was "a delicate pond covered with a thin layer of ice that I have to skate upon". But Judge Smithwick said he had taken particular care to keep the families informed and would continue to do so.
