Omagh civil action delayed by legal argument
Legal argument today delayed the start of a landmark lawsuit against alleged terrorists accused of carrying out the Omagh bombing.
Barristers for the men said to be responsible for the attack told a judge in Dublin that the names of their clients could be tarnished if they were not permitted to question evidence as it is given.
More than 50 gardaí have been summoned to testify at the civil case, which is the first time evidence from a case in the North will have been heard in Dublin.
District Judge Conal Gibbons will rule this afternoon if senior counsel will be allowed to object to evidence they deem inadmissible.
The bombing, the worst atrocity during the Troubles, killed 29 people, including a woman pregnant with twins.
Hundreds more were injured when the Real IRA bombed the Co Tyrone town on a busy Saturday afternoon in August 1998.
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 the North.
“My purpose is to take evidence for a trial in Northern Ireland,” he said.
“I’m not here for any other reason.”
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.
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 gardaí listed to testify at the hearing should not be legally represented.
Brian O’Moore, SC for each member of An Garda Síochána, said the gardaí 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.
The multimillion-pound landmark action against the five believed to be responsible for the blast is the first time the victims of terrorism are confronting the alleged perpetrators.
Michael Gallagher, whose 21-year-old son, Aidan, died in the blast, sat in the public benches close to the family of Lorraine Wilson, who was just 15 when she was killed in the bomb attack.
