A case taken by a retired garda detective over the finding of the Smithwick Tribunal report has been settled.
Former detective sergeant Owen Corrigan welcomed a Smithwick Tribunal statement that its final report made no finding that the killing of Louth farmer Tom Oliver was as a result of information the ex-garda provided to the Provisional IRA.
On the basis of that statement, read to the High Court on Wednesday, the action by Mr Corrigan arising from the Tribunal's report did not proceed and was struck out.
The judicial review proceedings, listed for six days, were due to open before Mr Justice Seamus Noonan. But the judge was told by Hugh Hartnett SC, for Mr Corrigan, the case could be struck out by consent with no further order. “Happily”, the tribunal would confirm “material” matters, counsel said.
Denis McDonald SC for the Tribunal said that while the Tribunal accepted the evidence of Kevin Fulton, there was no finding in the Tribunal's report that the killing of Tom Oliver was as a result of information provided by Owen Corrigan to the Provisional IRA.
In a statement issued after the case was struck out, Mr Corrigan welcomed “the confirmation by the tribunal that it did not make any finding in its report that the killing of Mr Oliver was as a result of information being provided to the Provisional IRA by Mr Corrigan”.
Mr Corrigan also thanked his family, friends and supporters “for all their help during this time”.
In his proceedings, Mr Corrigan had challenged certain paragraphs of the Tribunal report.
The High Court was previously told that Mr Corrigan totally rejected what his lawyers described as the “completely false and damaging” allegations by Kevin Fulton. The allegations by Mr Fulton were that Mr Corrigan told a senior IRA operative that the late Tom Oliver was a Garda informant shortly before Mr Oliver was abducted and murdered.
The case arose from the final report of the Smithwick Tribunal set up to inquire into the killing by the IRA in 1989 of two senior RUC officers, Chief Supt Harry Breen and Supt Robert Buchanan.
The Tribunal made no finding that Mr Corrigan was involved in collusion with the IRA in respect of the deaths of those officers.
In his final report, Judge Smithwick said he accepted Kevin Fulton’s evidence and described him as an impressive and credible witness.
Mr Fulton, who said he had worked for the British military's intelligence unit in Northern Ireland, told the inquiry that Mr Corrigan had provided information to a senior IRA operative in 1991 that Tom Oliver was an informant. Mr Corrigan had denied Mr Fulton's claims.
Mr Oliver, a farmer and father of seven from Riverstown, Co Louth, was abducted near the border on July 18th 1991. His body was found the following day near Belleeks, Co Armagh. He had been shot several times in the head.
