HOEY TEAM TO GET ALL FORENSIC EVIDENCE
Hoey team to get all forensic evidence
THE defence team of alleged Omagh bomber Sean Hoey, pictured in a court
sketch, are to be given all forensic material in his case that will allow them to challenge the low copy DNA evidence against him.
The agreement by the prosecution followed repeated warnings at Belfast Crown Court by Mr Justice Weir that he may exclude the vital evidence if all forensic materials were not given to the defence.
The case against the 36-year-old electrician from Molly Road in Jonesborough, Co Armagh, who denies a total of 58 charges including the murders of 29 people including a woman pregnant with twins in the Real IRA bomb attack on the Co Tyrone town on August 15 1998, primarily concerns forensic evidence.
Neil Connor, prosecuting, said yesterday that all material from the Forensic Science Service (FSS) in Birmingham would be made available to the American defence expert by July 28.
Initially Mr Connor told the court that while "broadly speaking" the material sought by the defence should be disclosed, the FSS had concerns about certain aspects of the material being sought.
He also argued that they could not disclose all of the material, as it was not necessarily in the hands of the prosecution but in the hands of the FSS, a third party.
Mr Justice Weir said that the prosecution could not "take shelter behind some third party immunity".
He warned again that he was "not going to allow anyone to give evidence before me about material that is being denied to the other side".
Mr Justice Weir said that if the prosecution wanted to rely on material they had to make it available to the defence or risk the evidence being excluded.
Mr Connor, while acknowledging "that is a potential", said there were concerns voiced by the FSS, which had the material.
Mr Justice Weir said he was "not concerned with what the FSS has said" and that he wanted "this matter sorted out".
Peter Corrigan, defending, said their American expert was still waiting for the forensic material, in particular the electronic data relating to the low copy DNA alleged to have been found on three bombs similar to the one used at Omagh.
When the prosecution was pressed again by Mr Justice Weir as to the date all material would be disclosed to the defence, Mr Connor said he was not in a position to set out the time scale.
Mr Justice Weir ordered him to take instructions about a firm date. On his return Mr Connor said that as a result of further consultations with their forensic experts, agreement had been reached concerning disclosure of the materials.
THE defence team of alleged Omagh bomber Sean Hoey, pictured in a court
sketch, are to be given all forensic material in his case that will allow them to challenge the low copy DNA evidence against him.
The agreement by the prosecution followed repeated warnings at Belfast Crown Court by Mr Justice Weir that he may exclude the vital evidence if all forensic materials were not given to the defence.
The case against the 36-year-old electrician from Molly Road in Jonesborough, Co Armagh, who denies a total of 58 charges including the murders of 29 people including a woman pregnant with twins in the Real IRA bomb attack on the Co Tyrone town on August 15 1998, primarily concerns forensic evidence.
Neil Connor, prosecuting, said yesterday that all material from the Forensic Science Service (FSS) in Birmingham would be made available to the American defence expert by July 28.
Initially Mr Connor told the court that while "broadly speaking" the material sought by the defence should be disclosed, the FSS had concerns about certain aspects of the material being sought.
He also argued that they could not disclose all of the material, as it was not necessarily in the hands of the prosecution but in the hands of the FSS, a third party.
Mr Justice Weir said that the prosecution could not "take shelter behind some third party immunity".
He warned again that he was "not going to allow anyone to give evidence before me about material that is being denied to the other side".
Mr Justice Weir said that if the prosecution wanted to rely on material they had to make it available to the defence or risk the evidence being excluded.
Mr Connor, while acknowledging "that is a potential", said there were concerns voiced by the FSS, which had the material.
Mr Justice Weir said he was "not concerned with what the FSS has said" and that he wanted "this matter sorted out".
Peter Corrigan, defending, said their American expert was still waiting for the forensic material, in particular the electronic data relating to the low copy DNA alleged to have been found on three bombs similar to the one used at Omagh.
When the prosecution was pressed again by Mr Justice Weir as to the date all material would be disclosed to the defence, Mr Connor said he was not in a position to set out the time scale.
Mr Justice Weir ordered him to take instructions about a firm date. On his return Mr Connor said that as a result of further consultations with their forensic experts, agreement had been reached concerning disclosure of the materials.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0793
Published Date: 18-Jul-06
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