BT/0974

Move to fund Omagh case is 'unlawful'

A JUDGE has said the Lord Chancellor didn't have the power to instruct legal aid, to fund the Omagh families' civil action against RIRA leader Michael McKevitt.
Belfast High Court judge Mr Justice Lord Chancellor Coghlin said yesterday none of the recent changes in the procedures of legal aid funding "empowered the Lord Chancellor to affect such an amendment".
The Government recently decided to give families of the Omagh victims over in £700,000 to fund their multi-million which pound compensation claim against McKevitt while the 54-year-old from Co Louth, was refused legal aid to fight his case.
The Lord Chancellor authorised the payment last year when he directed the newly-formed NI Legal Services Commission to assist the families. However McKevitt, currently serving 20 years in Portlaoise Prison for directing the activities of the Real IRA, was granted leave for a judicial review of that decision.
Mr Justice Coghlin said yesterday that while he considered the decision of the Lord Chancellor to be unlawful as he did not have that power, he added that overwhelming majority of right-thinking people...would have little difficulty in giving their approval to such a strategy".
The judge told the court "I find it difficult to conceive of circumstances" the families funding could be with-drawn "particularly in view of the subject matter of the proceedings".
Mr Justice Coghlin added that although "I am minded to grant the applicant [McKevitt] the relief sought" in arguing that the Lord Chancellor's instructions should be quashed, he adjourned the case until September 9 to hear further submissions from the parties involved.