BT/1142

THE YEAR-LONG BATTLE THAT TOOK ITS OWN TOLL

The year-long battle that took its own toll
After eight years in pursuing and contesting a civil action, judgment day has been a long time coming for bereaved families of the 1998 Omagh bomb tragedy, writes Lesley-Anne Henry

THE civil action began in Belfast more than a year ago. And the arduous, costly journey to reach Belfast High Court has taken its toll on some of the original 22 plaintiffs. Members of three families dropped out before the unprecedented trial could begin but relatives of six people killed continued the struggle clinging to the hope that someone would be held to account.
Grieving relations of Geraldine Breslin (43), Aiden Gallagher (21), Esther Gibson (36), Anne McComb (45), Alan Radford (16) and Lorraine Wilson (15) are suing five men and the Real IRA for an estimated �14m worth of damages.
To help fund their case the families raised �2m and were supported by the former US president Bill Clinton, ex-Northern Ireland Secretaries of State Peter Mandelson and Sir Patrick Mayhew, as well as celebrities Bob Geldof and former boxing champion Barry McGuigan.
After almost eight years in the planning, the civil trial eventually began last April, three months after south Armagh electrician Sean Hoey was acquitted of all charges connected to Omagh including 29 counts of murder. The case had been scheduled to last just eight weeks but it took almost a year to wade through the volumes of paperwork and hear from scores of witnesses who walked through the doors of Queen's Bench No 2.
Among those who took the stand were medics who treated the hundreds of victims, serving and retired police officers, some who had been at the scene and others who had investigated the attack, as well as relatives of some suspects quizzed in the days after the bombing. A senior MI5 officer was also questioned about claims that the Government's intelligence services had been secretly recording mobile telephone conversations between the bombers and those in the following scout car. However FBI agent David Rupert, who is currently in a witness protection programme after appearing as a key prosecution witness in the criminal trial of Michael McKevitt in Dublin in 2000, was forbidden from attending the civil action but more than 900 emails between the spy and his handlers were submitted as evidence.
Former IRA informant Sean O'-Callaghan was also denied the chance to take the stand for the prosecution.
In some of the most moving moments of the lengthy case those who lost relatives gave graphic accounts of how the explosion had torn their lives apart. And a leading psychiatrist gave a number of the plaintiffs a bleak prognosis with none likely to make a full recovery. Dr Nicholas Cooling, who assessed all of those involved in the civil suit, also described the counselling provided in the wake of the bomb as inadequate.
On a number of occasions the whole trial was transferred to the Republic where presiding judge Sir Declan Morgan heard evidence from garda officers involved in the cross border investigation.
The families' legal team, headed by Lord Daniel Brennan, also included top London solicitor Jason McCue who is pursuing a legal action against Colonel Gadaffi on grounds that he supplied weapons to the IRA.
In bringing people to account the families hoped their lawyers would seize the opportunity to release into the public domain as much information about the defendants as possible.
Michael McKevitt, currently serving 20 years in Portlaoise prison, Liam Campbell, wanted in Lithuania on weapons charges, Colm Murphy, Seamus Daly and Seamus McKenna all deny any liability.
Campbell, who is currently on remand in Northern Ireland after being arrested under a European extradition warrant last month, is the only defendant not to recognise the action and has no legal representation. It is understood McKevitt, whose barrister travelled from Dublin for the hearing, was kept up-to-date with proceedings using a video link-up between the Belfast court and his prison cell in Co Dublin.
On its website, the Omagh Self Help and Support Group said the outcome of today's trial would have repercussions for terrorists across the globe.
The statement read: "The outcome of this case could have an enormous impact for victims of terrorism at home and around the world.
"Whilst we don't wish to prejudge the outcome of the trial, it will be the end of a long struggle by the families to bring this case to court and whatever the outcome we wish to thank our law team for their dedication and everyone who supported and contributed to make this possible."

Further Information

Publisher: BELFAST TELEGRAPH

Ref: BT/1142

Published Date: 08-Jun-09

Related Images

Bt1142ph01
Bt1142ph02
Bt1142ph03
Bt1142ph04
Bt1142ph05