Omagh lawsuit delayed

Last Modified: 12 May 2008
Source: ITN

Civil action against alleged terrorists accused of carrying out the Omagh bombing has been delayed.

The Real IRA bombing, the worst atrocity during the Troubles, killed 29 people and injured hundreds more in the Co Tyrone town in August 1998.

The multimillion-pound landmark action is the first time the victims of terrorism are confronting the alleged perpetrators.

More than 50 gardai have been summoned to a court in Dublin to testify at the civil case, which is the first time evidence from a Northern Ireland case will have been heard in the Republic.

Barristers for the men said to be responsible told a judge that the names of their clients could be tarnished if they were not permitted to question evidence as it is given, rather than waiting until the case returns to Belfast.

District Judge Conal Gibbons will rule later on whether senior counsel will be allowed to object to evidence they deem inadmissible.

Although no-one has been convicted for the atrocity, named on the lawsuit are the alleged leader of the Real IRA, Michael McKevitt, the man said to be his number two, Liam Campbell, and Colm Murphy, Seamus McKenna and Seamus Daly.

All deny any involvement.

The action, taken by the families affected, moved to Dublin under 2001 EU legislation.

Judge Gibbons had previously told the parties that the inadmissibility of evidence would have to be raised back in Northern Ireland.

Michael O'Higgins SC, for McKevitt, said that if a question asked was clearly inadmissible, and an answer given damaging to his client, that answer was likely to be published the length and breadth of the country.

"My client's good name will be tarnished," he said.

"It is no good knowing two to three weeks later that he can object back in Belfast."

Dermot Fee QC, for Daly and Murphy, said the questions had been devised by the plaintiffs and there was a very clear risk of substantial unfairness to the defendants.

Lawyers for the five accused also maintained that the gardai listed to testify at the hearing should not be legally represented.

Brian O'Moore, SC for each member of An Garda Siochana, said the gardai called to testify were concerned that issues of public interest immunity may arise, adding that his role would be only to argue those points.

The judge said he would also rule this afternoon on whether Mr O'Moore could be part of the hearing.

"It is most unusual for witnesses in a civil case to arrive in court with senior counsel in tow," he added.

Mr Justice Morgan, who has presided over the case in Belfast Crown Court, is present at the hearing but has no judicial power.

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