Supreme Court to hear Omagh bomb appeal
The Supreme Court will hear an appeal later this week against the High Court ruling that the families of some victims of the 1998 Omagh bombing are entitled to certain, but not all, of the documentation they had been seeking from five persons to be used in proceedings for damages against the five in the Northern Ireland courts.
The families had brought a motion in the High Court in Dublin seeking the books of evidence and the transcripts of criminal trials involving each of the five men.
They argued that the documents are relevant to an action arising from the death and personal injuries caused by the bombing which is to take place before the High Court in Belfast on April 7.
All five men had opposed the application on grounds including that there was an impediment in law that prevented them from handing over the documentation and that they could be in contempt of court by doing so.
Last month at the High Court in Dublin, Mr Justice Paul Gilligan ruled that there was nothing in the Irish law that prohibits books of evidence served on them during proceedings taken against them at their trials at the Special criminal court from being discovered.
The judge also found that there is an impediment under Irish law preventing the defendants from providing the transcripts of their trials at the Special Criminal Court.
However, it is understood that both the families and the five men in question have appealed that judgment to the Supreme Court.
The appeal is scheduled to come before the court, consisting of The Chief Justice Mr John Murray, Mr Justice Adrian Hardiman and Mr Justice Hugh Geoghegan on Thursday.
The five men against whom discovery is being sought include Michael McKevitt, Beech Park, Blackrock, Co Louth, who is serving a 20-year sentence for directing terrorist activities for the Real IRA.
The Supreme Court has reserved judgment on his appeal against his conviction.
The five also include Seamus Daly, from Culloville, Castleblayney, Co Monaghan, who was sentenced to three years after being found guilty of membership of an illegal organisation and Liam Campbell, from Upper Faughart, Dundalk, who was jailed for membership of an illegal organisation.
The fourth man is Seamus McKenna, formerly of Silverbridge, Co Armagh, but with an address at Marian Park, Dundalk, who was sentenced to six years' imprisonment for unlawful possession of explosives. They have all completed their sentences.
They are also seeking certain materials relating to criminal proceedings taken against Co Armagh native Colm Murphy with an address at Jordan's Corner, Ravensdale, Co Louth, who is facing a re-trial on a conspiracy charge.
Mr Murphy has denied conspiring in Dundalk with another person not before the court to cause an explosion in the State or elsewhere between August 13 and 16, 1998.
An order for the discovery of the documents had been made by the High Court in Northern Ireland. That order was upheld following an appeal.
In his judgment of March 20, Mr Justice Gilligan said that he was satisfied that the books of evidence were in the control of the five and not the Special Criminal Court, and that there was no impediment in law in this jurisdiction to the defendants "discovering and producing the books of evidence."
He said that he was satisfied that the defendants would not be committing any contempt of court in "discovering and producing the relevant books of evidence."
In relation to the transcripts however, the judge found that an impediment exists in Irish law that prevents them from being given to the plaintiffs in the civil proceedings.
The judge found that the transcripts of trials at the Special Criminal Court can only be furnished after notice of appeal has been served, and its only purpose is for use to assist an appellant in that appeal.
"There is in my view an absolute prohibition on the disclosure of the content of the official stenographers transcript to any third party, for what ever purpose," said the Judge.
