OMAGH CIVIL ACITON GETS GREEN LIGHT AFTER CHALLENGE DISMISSED
Omagh civil action gets green light after challenge dismissed
THE �14m Omagh bomb com-pensation case got the green light to proceed yesterday after the Court of Appeal dismissed an application to take a legal challenge to the House of Lords. Lawyers for two of the five defendants - Colm Murphy and Seamus Daly - wanted to challenge a ruling last month that a London firm of solicitors acting for victims' families had not significantly breached court rules. It had been argued that the firm, H20, did not have a business address in Northern Ireland and was merely represented by a Belfast firm of solicitors, which agreed to accept service of court papers but declined to act as agents for security reasons.
The Lord Chief Justice, Sir Brian Kerr, described the point as technical and ruled that the court had the discretion to allow the proceedings to go ahead.
In court yesterday a lawyer for Mr Murphy and Mr Daly applied for leave to appeal to the House of Lords.
However, Sir Brian, sitting with Lord Justice Sheil, told the lawyer: "You may be aggrieved at the decision we took but it does not constitute of point of law of general public importance and the application is refused."
Despite the ruling, two outstanding matters have to be resolved before a date can be fixed for the compensation hearing.
The British Parliament has still to approve an amendment to legislation to permit fresh legal aid to be made available to the families to fund their court claim.
A decision is still awaited in an appeal by Michael McKevitt, another of the five defendants, against his conviction and 20-year sentence for directing the Real IRA, which carried out the Omagh bombing, killing 29 people including a woman pregnant with twins.
THE �14m Omagh bomb com-pensation case got the green light to proceed yesterday after the Court of Appeal dismissed an application to take a legal challenge to the House of Lords. Lawyers for two of the five defendants - Colm Murphy and Seamus Daly - wanted to challenge a ruling last month that a London firm of solicitors acting for victims' families had not significantly breached court rules. It had been argued that the firm, H20, did not have a business address in Northern Ireland and was merely represented by a Belfast firm of solicitors, which agreed to accept service of court papers but declined to act as agents for security reasons.
The Lord Chief Justice, Sir Brian Kerr, described the point as technical and ruled that the court had the discretion to allow the proceedings to go ahead.
In court yesterday a lawyer for Mr Murphy and Mr Daly applied for leave to appeal to the House of Lords.
However, Sir Brian, sitting with Lord Justice Sheil, told the lawyer: "You may be aggrieved at the decision we took but it does not constitute of point of law of general public importance and the application is refused."
Despite the ruling, two outstanding matters have to be resolved before a date can be fixed for the compensation hearing.
The British Parliament has still to approve an amendment to legislation to permit fresh legal aid to be made available to the families to fund their court claim.
A decision is still awaited in an appeal by Michael McKevitt, another of the five defendants, against his conviction and 20-year sentence for directing the Real IRA, which carried out the Omagh bombing, killing 29 people including a woman pregnant with twins.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0772
Published Date: 08-Dec-05
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