Irish Times
July 4, 2003

FBI Agent Denies He Was A Smuggler


FBI agent Mr David Rupert was described at the Special Criminal
Court yesterday by a New York State trooper as a "life-long
criminal" who smuggled explosives, drugs and illegal aliens in the
US and Canada.

Trooper Eddie Hamill told the FBI in 1993 that Mr Rupert, the main
witness against the alleged "Real IRA" leader Mr Michael McKevitt,
used bonded trucks registered in the name of others for smuggling
along the Mohawk Reservation between the US and Canada. He
described Mr Rupert (51) as "street smart" and said he set up the
criminal enterprise but let others "take the risk".

Mr Hugh Hartnett SC, defending, put it to the witness that Trooper
Hamill also told the FBI that he was "smooth and bright and will do
anything if he sees a profit".

"Smooth enough to spend seven years in the republican movement and
live to talk about it," Mr Rupert replied.

The witness said Trooper Hamill's allegations were "pure fantasy"
and said he had never been involved in smuggling. If he had "all
this information" one would think "he'd have me arrested", he
added.

Mr Rupert said his trucks were bonded. They carried cigarettes
"that came up from Miami" and the loads were "legal and
legitimate", he told the court.

Mr Hartnett put it to him that he was "street smart clever and you
don't get caught", just as Trooper Hamill described him. "No," said
Mr Rupert, "that's just pure fantasy." He repeated that he "had
never been a smuggler".

At that point, Mr Hartnett asked that Mr Rupert leave the court as
an issue had arisen and he wished to make a legal application. The
court will rule on Mr Hartnett's application today.

Earlier, Mr Rupert refused to sign a form releasing details of his
tax affairs to lawyers for Mr McKevitt.

Mr Rupert was repeatedly pressed by Mr Hartnett to sign a form
allowing details of his dealings with the US Internal Revenue
Service to be released and he repeatedly refused to do so.

Mr Rupert told Mr Hartnett that he had obtained advice from his
attorney and when asked to name the attorney he claimed privilege.

He said that his stepdaughter is also an attorney and mixed in the
same circles as his attorney. It was a matter of great concern to
him because last year she received a death threat if he testified
in another trial.

Mr Hartnett asked Mr Rupert if he had any difficulty signing a
consent form allowing the defence to see his tax returns and he
replied: "I would not sign it. That is a matter in the United
States that is a pretty private matter between the US government
and the taxpayer and I would not sign that." Mr Rupert said he
would not sign the consent form for the three judges at the court
or for the DPP.

When Mr Hartnett put it to him that his character was an issue in
the trial and that he had earlier portrayed himself to the court as
a man acting on his moral teachings, Mr Rupert said: "I said that
my moral issue really amounted to murder or some of the things we
spoke of here, mass murder. I took an oath to tell the truth and I
told the truth in every incident I have given and no, I won't
release that information." Mr Rupert said that he had filed tax
returns for every year since 1993, except 1997, but he did not
recall if he had actually paid tax for any year before 2002.

It was the 10th day of the trial of Mr McKevitt (53), of Beech
Park, Blackrock, Dundalk, Co Louth. He is charged with membership
of an unlawful organisation styling itself the Irish Republican
Army, otherwise the IRA, otherwise Óglaigh na hÉireann, between
August 29th, 1999, and March 28th, 2001. He is also charged
directing the activities of the same organisation.

The trial continues today.

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