No internal investigation was carried out by gardai into intelligence reports suggesting a member of the force had colluded with the IRA, despite the fact a subsequent official report concluded there was no collusion, the Smithwick Tribunal was told today.
Counsel for the Tribunal, Mary Laverty said that there were three separate "high grade" intelligence reports that"on the face of it" suggested collusion.
However, no investigation into them occurred she said.
The Smithwick Tribunal is investigating claims that a garda passed information to the IRA, which allowed them time to set up an ambush in which RUC Chief Supt Harry Breen and Supt Bob Buchanan were killed.
They died in the ambush just minutes after leaving a meeting in Dundalk Garda Station in March 1989.
Former sergeants Owen Corrigan, Leo Colton and Finbarr Hickey all deny the allegations.
Ms Laverty made her comments today during her questioning of former Assistant Garda Commissioner Dermot Jennings.
He was in charge of the unit in the Crime and Security branch where Chief Supt Sean Camon and then Inspector Peter Kirwan were examining intelligence files looking for information on collusion.
Their report, given to the Commissioner, in 2000 concluded there was no evidence of collusion.
Mr Jennings said that investigation had been given access to all records and he believed they would have seen these three reports.
The first report said a member of the Provisional IRA approached a witness in a prosecution being taken against Det Sgt Owen Corrigan from Dundalk Garda Station.
As a result the witness was in fear, did not turn up in court and the case against the garda collapsed.
Mr Jennings acknowledged that the officer in charge of the case should have been made aware of this intelligence.
The second report said that a garda had contacted the IRA and given them short notice of the visit of the RUC men to Dundalk.
The third report implicated a garda in the murder of Lord and Lady Gibson and the two RUC men. Both these reports were based on 'double hearsay' and did not mention any particular garda.
The information came to a "person of rank" in the Special Detective Unit and was "high grade" intelligence, said Ms Laverty.
Mr Jennings said without doubt this was "very, very serious intelligence" but it would always have to be tested to check its veracity and then analysised to see how it could be acted upon.
He said the information came before his time in charge but it would have been acted upon.
Ms Laverty asked would the intelligence not have warranted an investigation.
The witness replied that the information would have to be checked but he had no doubt it would have been acted upon.
However, Ms Laverty pointed out that there "certainly wasn't any investigation directly" into the claims.
There was a probe into a republican named in one of the reports who was investigated on a regular basis, but not into the possibility of a garda mole.
Mr. Jennings said that investigation could have been to establish the identity of any garda who was passing information.
"Isn't that all the more reason for that information to be investigation if some high profile person was linked to a member of the force," asked Ms Laverty.
"An investigation into the allegations against a gardaí wasn't carried out," she added.
Mr Jennings attended an FBI course on surveillance with Mr Corrigan during 1988. If there were adverse concerns about Mr Corrigan he would not have been selected for that, said the witness.
He acknowledged that if someone with "inappropriate contacts" with the IRA was on the course they would learn a lot from it.
The former Asst Commissioner was also asked about evidence given by former Supt Tom Curran from Monaghan.
He said he had been told by Supt Buchanan that the RUC were concerned about Mr Corrigan because he was "associating unnecessarily" with members of the IRA.
This was seven months before he was murdered. Mr Curran told Asst Commissioner Eugene Crowley about this but nothing happened.
Mr Jennings expressed surprise that Mr Crowley did not react and did not ask for a report on the matter, even if he did not believe it.
He acknowledged that Mr Crowley should have made a note of the conversation if it happened but the Tribunal said no note had been found or made available to them.
Mr Jennings also said he was not trying to discredit Mr Curran but his conduct was against agreed protocols within the force.
Counsel for Mr Corrigan, Jim O'Callaghan, said it was possible that Mr Curran was just wrong when he said he passed on that information.
However, Judge Smithwick said that Mr Curran's evidence had been credible and no witness had said it was wrong.
