A man accused of being a British agent operating inside the IRA known as Stakeknife may give evidence to a public tribunal in Dublin investigating alleged collusion between the provisionals and members of the Garda Siochana.
During evidence on Friday at the Smithwick tribunal, counsel for Freddie Scappaticci – accused of being the former head of the IRA's spy-catching team and an agent for Britain – indicated his client might give evidence.
As his lawyer, Martin O'Rourke, applied for a second counsel for Scappaticci, the judge heading the tribunal asked about his client's willingness to co-operate with the inquiry.
When the tribunal chairman, Judge Peter Smithwick, asked if Scappaticci would make a statement to the inquiry or turn up to give evidence, O'Rourke replied: "That is being given active consideration by my client."
The presence of Scappaticci at the tribunal would enable lawyers for the families of two police officers the IRA murdered in 1989 to quiz him about his alleged role as the provisionals' spy hunter and claims he was at the same time one of the British state's most important agents inside the republican terror group.
The Belfast republican has always denied he was the agent known as Stakeknife, even though several former IRA members and former members of the army's force research unit have claimed he was working inside the provisionals for the British state.
His atttendance would also allow the families' legal team to question him over his role in the IRA at the time of the double murder and his dealings with other senior provisionals, some of whom were also and remain prominent members of Sinn Féin.
The Smithwick tribunal was established to investigate claims that a Garda "mole" set up Chief Superintendent Harry Breen and Superintendent Bob Buchanan after they left a police station in the Irish Republic.
The suggestion that Scappaticci might attend came on the third day of evidence to the tribunal from Newry man Kevin Fulton, a former British agent who admits he infiltrated the IRA.
He repeated claims that Scappaticci was a British agent in the IRA known by the code name Stakeknife. At the time of Breen and Buchanan's killing, Fulton claims Scappaticci was aware of the plot to ambush and kill the two senior Royal Ulster Constabulary officers on the border.
The tribunal was told of an IRA death threat sent to Fulton's address in Newry in February 2001.
"You have been sentenced by court martial in your absence. You are charged. General order no 5 part 5, general order no 11, on both charges you were found guilty. The penalty for both charges is death. Sentence to be carried out at our convenience."
The letter was signed "P O'Neill, Oglaigh na hEireann".
When asked why he had travelled from the UK to give evidence to the tribunal, Fulton said: "I started something and I had to finish it."
When asked what the IRA would think about what he was doing in giving evidence, Fulton said: "It's treachery. They would kill me."
He denied he was lying about the collusion allegations he made against a former Dundalk-based garda who has consistently denied any wrongdoing or links with the IRA.
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