OMAGH CASE MAN TRIES TO HALT RETRIAL
Omagh case man tries to halt retrial
COLM MURPHY has brought High Court proceedings in Dublin aimed at stopping his retrial on conspiracy charges connected with the Real IRA bombing of Omagh.
The trial is scheduled to open before the non-jury Special Criminal Court on January 11 but may be delayed because of the judicial review challenge.
Murphy (53), with an address at Jordan's Corner, Ravensdale, Co Louth, claims the "systemic delay" in prosecuting him has prejudiced his right to a fair and speedy trial. That delay, he contends, included a three-year delay by the DPP in preferring perjury charges against two gardai who gave evidence at his first trial, which opened in 2001.
One of those gardai, Detective Liam Donnelly, earlier this year brought unsuccessful High Court proceedings aiming at halting his trial on perjury charges. Both he and the second officer, Detective John Fahy, have been returned for trial later this year.
After hearing submissions yesterday from Micheal O'Higgins SC, for Murphy, Mr Justice Iarfhlaith O'Neill said he was satisfied an arguable case had been made out for the bringing of judicial review proceedings. He returned the case for mention on July 27.
It is expected the full judicial review hearing will not take place until October.
Murphy was freed on bail last year after the Court of Criminal Appeal quashed his conviction and 14-year sentence for conspiracy offences connected with the Omagh bomb.
COLM MURPHY has brought High Court proceedings in Dublin aimed at stopping his retrial on conspiracy charges connected with the Real IRA bombing of Omagh.
The trial is scheduled to open before the non-jury Special Criminal Court on January 11 but may be delayed because of the judicial review challenge.
Murphy (53), with an address at Jordan's Corner, Ravensdale, Co Louth, claims the "systemic delay" in prosecuting him has prejudiced his right to a fair and speedy trial. That delay, he contends, included a three-year delay by the DPP in preferring perjury charges against two gardai who gave evidence at his first trial, which opened in 2001.
One of those gardai, Detective Liam Donnelly, earlier this year brought unsuccessful High Court proceedings aiming at halting his trial on perjury charges. Both he and the second officer, Detective John Fahy, have been returned for trial later this year.
After hearing submissions yesterday from Micheal O'Higgins SC, for Murphy, Mr Justice Iarfhlaith O'Neill said he was satisfied an arguable case had been made out for the bringing of judicial review proceedings. He returned the case for mention on July 27.
It is expected the full judicial review hearing will not take place until October.
Murphy was freed on bail last year after the Court of Criminal Appeal quashed his conviction and 14-year sentence for conspiracy offences connected with the Omagh bomb.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0794
Published Date: 18-Jul-06
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