McKevitt's Lawyers Apply To Court For Trial To Be Halted

Lawyers for the alleged "Real IRA leader", Mr Michael McKevitt, yesterday applied at the Special Criminal Court for his trial to be halted.

The application followed claims that the defence case has been "irreparably damaged" because documents relating to the evidence of the key witness, FBI agent Mr David Rupert, were not disclosed until after he had left the stand.

Mr McKevitt's counsel, Mr Hugh Hartnett SC, told the court that the documents showed inconsistencies in Mr Rupert's proposed evidence in connection with a meeting of the "Real IRA" Army Council in Co Louth on February 17th, 2000, and his actual evidence. Counsel referred also to an e-mail by David Rupert alleging that the accused's son, Mr Stephen McKevitt, collected him at the McKevitt home at 6.10 p.m. on the 17th and drove him to the meeting.

He said, however, that surveillance reports from the gardaí put Stephen McKevitt at Dromiskin at 6 p.m., some distance away from the McKevitt home in Blackrock, Co Louth.

Counsel said this material was not disclosed to the defence until after Mr Rupert's evidence had concluded on the basis it was not relevant. He told the court the defence should have been in a position to put these matters to Mr Rupert. This, he added, may have resulted in a complete "reappraisal of the case".

The defence, Mr Hartnett continued, was "gravely concerned" that its case was now "irreparably damaged".

The State, in response, said it was open to the defence "to bring Mr Rupert back" if it felt this was necessary. However, Mr George Birmingham SC said that would be "an unnecessary exercise".