OMAGH BOMB RETRIAL
Omagh bomb retrial
Murphy conviction unsafe, rules court
By PA News and Ben Lowry
THE only man jailed in connection with the Omagh bombing won his appeal against conviction in Dublin today and secured the right to a retrial.
Colm Murphy (52), from Ravensdale, Co Louth, had challenged the 2002 conviction for conspiring to cause the 1998 explosion, which killed 29 people, including a mother pregnant with two unborn children.
The Court of Criminal Appeal ruled that the conviction was unsafe.
Murphy had been convicted in his original trial on the basis that he allegedly lent two mobile phones to the bombers, knowing they would be used in the movement of explosives.
But during the appeal his lawyers argued that two Garda officers were found to have altered a page of a statement by Murphy, and to have lied about doing so in court.
Mr Justice Nicholas Kearns, presiding, said the court had decided that Murphy's conviction was unsafe in respect of two grounds.
He said the first ground was the Special Criminal Court approach to the alteration of Garda interview notes and the evidence given in this respect by two Garda officers.
He said the second ground was the Special Criminal Court invasion of Murphy's presumption of innocence by having regard to his previous convictions. He said that all other grounds submitted by Murphy's lawyers had been rejected.
Security was tight in the packed courtroom, with Murphy flanked by gardai. The Murphy family looked on as the three judges delivered their verdict.
Murphy, who wore a checked shirt, creased zip-up jacket and cream slacks, displayed no obvious emotion when the judgment was announced.
Mr Justice Kearns granted bail on a requirement of a �50,000 (about �35,000) cash deposit and two independent sureties of �35,000 (about �21,000). He also ordered that Murphy surrender his passport and report daily to Dundalk Garda station.
Murphy's sub-contracting business made huge sums of money during the 1990s building boom in Dublin, but his lawyers said he had been financially ruined since he was convicted in 2002.
The state had opposed the granting of legal aid to Murphy during the 2002 trial and as a result he will be considering bringing an application for costs against the state, his lawyers said.
After the hearing Murphy's sister Angela Reilly went over to the defendant in the courtroom to talk to him.
Murphy was then led away in handcuffs by six gardai to await an army patrol to bring him back to prison. He was remanded in custody until he met the bail requirements.
Speaking afterwards, Ms Reilly said: "We are relieved. It's been a terrible time for us all. He is doing okay, better than three years ago when justice wasn't served."
Murphy is one of a number of people named in a civil action brought by relatives of people killed in the Omagh blast. Also named in the civil action are the former Real IRA chief of staff, Michael McKevitt.
Murphy conviction unsafe, rules court
By PA News and Ben Lowry
THE only man jailed in connection with the Omagh bombing won his appeal against conviction in Dublin today and secured the right to a retrial.
Colm Murphy (52), from Ravensdale, Co Louth, had challenged the 2002 conviction for conspiring to cause the 1998 explosion, which killed 29 people, including a mother pregnant with two unborn children.
The Court of Criminal Appeal ruled that the conviction was unsafe.
Murphy had been convicted in his original trial on the basis that he allegedly lent two mobile phones to the bombers, knowing they would be used in the movement of explosives.
But during the appeal his lawyers argued that two Garda officers were found to have altered a page of a statement by Murphy, and to have lied about doing so in court.
Mr Justice Nicholas Kearns, presiding, said the court had decided that Murphy's conviction was unsafe in respect of two grounds.
He said the first ground was the Special Criminal Court approach to the alteration of Garda interview notes and the evidence given in this respect by two Garda officers.
He said the second ground was the Special Criminal Court invasion of Murphy's presumption of innocence by having regard to his previous convictions. He said that all other grounds submitted by Murphy's lawyers had been rejected.
Security was tight in the packed courtroom, with Murphy flanked by gardai. The Murphy family looked on as the three judges delivered their verdict.
Murphy, who wore a checked shirt, creased zip-up jacket and cream slacks, displayed no obvious emotion when the judgment was announced.
Mr Justice Kearns granted bail on a requirement of a �50,000 (about �35,000) cash deposit and two independent sureties of �35,000 (about �21,000). He also ordered that Murphy surrender his passport and report daily to Dundalk Garda station.
Murphy's sub-contracting business made huge sums of money during the 1990s building boom in Dublin, but his lawyers said he had been financially ruined since he was convicted in 2002.
The state had opposed the granting of legal aid to Murphy during the 2002 trial and as a result he will be considering bringing an application for costs against the state, his lawyers said.
After the hearing Murphy's sister Angela Reilly went over to the defendant in the courtroom to talk to him.
Murphy was then led away in handcuffs by six gardai to await an army patrol to bring him back to prison. He was remanded in custody until he met the bail requirements.
Speaking afterwards, Ms Reilly said: "We are relieved. It's been a terrible time for us all. He is doing okay, better than three years ago when justice wasn't served."
Murphy is one of a number of people named in a civil action brought by relatives of people killed in the Omagh blast. Also named in the civil action are the former Real IRA chief of staff, Michael McKevitt.
Further Information
Publisher: BELFAST TELEGRAPH
Ref: BT/0953
Published Date: 21-Jan-05
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