OMAGH TRIAL HALTED BEFORE IT BEGINS DUE TO LAWYER'S ILLNESS
Omagh trial halted before it begins due to lawyer's illness
THE trial of a man accused of the Omagh bomb murders was adjourned before it even began yesterday because a key defence lawyer is ill.
London-based QC Orlando Pownall told Belfast Crown Court that although unwell, he was making the adjournment application himself "out of respect for this court and out of respect for my client".
Agreeing to the adjournment, Mr Justice Weir said he had only been made aware of the barrister's illness 24 hours previously.
The judge added that there was considerable public interest in the case and any further developments "should be aired in open court" and not merely whispered in legal circles.
Mr Pownall had sought an adjournment until September 18 but the judge refused to grant a delay specifically to that date.
No date has been set for the trial to recommence.
Sean Hoey (37), from Molly Road in Jonesborough, Co
Armagh, denies the murder of 29 people, including a woman pregnant with twins, in the 1998 Omagh bomb.
His barrister said: "Sean Hoey deserves a fair trial and a fair trial involves Sean Hoey being properly represented by counsel fit to represent his interests in what is a very complicated case."
Mr Pownall said that at no time since Hoey's 2003 arrest, even when the prosecution was allegedly slow in providing the defence with evidence forming the case against him, had Mr Hoey instructed his lawyers to seek adjournments.
Earlier Mr Pownall had told the judge he was in court "against medical advice".
He said he had seen a specialist and undergone a series of tests, the results of which should be known by last night. He said the specialist had told him that "in his 37 years he had never encountered such symptoms".
The judge enquired what the position would be if Mr Pownall did not recover sufficiently.
"That places Mr Hoey in a very invidious position," Mr Pownall said.
He hinted that if a new senior counsel were to be appointed, it could result in an even longer adjournment because it would be "an unsurmountable task" for this person to "marshall the facts within 10 days".
Asked by Mr Justice Weir if the adjournment was being sought solely because of Mr Pownall's ill-health or partly because of difficulties "with evidential matters", Mr Pownall replied that "the principle ground" was his illness.
This brought an immediate challenge from the judge, who said the word "principle" suggested possible other reasons.
Mr Pownall replied: "There is no subsidiary basis."
Revealing that up to 500 witnesses could be called, Mr Pownall said the defence only required those who had collected the exhibits, dealt with the continuity in their handling and the testimony of scientific experts.
Gordon Kerr QC, prosecuting, said he had been asked if there would be any prejudice to the case for an adjournment and added: "I said there would not be."
Mr Justice Weir agreed that it should be adjourned in the interests of Mr Hoey, who had the right to the services of senior counsel, but rejected the submission that the prosecution could open its case before the adjournment.
When Mr Hoey's non-jury trial begins he will face a multitude of other terrorist charges.
He denies a total of 58 charges, relating not only to the Omagh bomb but to six other murder conspiracies, five bombings, four bomb conspiracies and the possession of explosives.
Mr Hoey denies causing the Omagh bomb and possessing explosives, namely a timer power unit, between March 3 1997 and August 16 1998.
The six murder conspiracies against members of the security forces were allegedly planned for Blackwaterstown Road, Armagh, between May
19 and July 11 1998, Altmore forest, near Dungannon, between April 10 and 13 2001, the G30 Military Base, Crossmaglen, and Forkhill RUC/
army base, both on March 24 1998, Belleek RUC station on May 9 1998 and Newry RUC station on July 21 1998.
Mr Hoey also denies possessing bomb timer power units and causing mortar bomb explosions at Crossmaglen, Forkhill, Belleek and Newry RUC station.
He is also accused of causing explosions at Banbridge on August 1 1998 and Finaghy Halt railway station on May 24 1998 with conspiring to cause explosions and possession of explosives, at Blackwaterstown Road, Armagh and at Market Street, Lisburn, between March 11 and May 1 1998; Newry Road, Armagh, between April 10 and May 17 1998; and Newry Courthouse between March 3 and July 14 1998.
Meanwhile, a number of applications by a defence lawyer relating to the handling of forensic evidence to be given at Mr Hoey's trial were made at another crown court hearing before Mr Justice Weatherup.
Such pre-trial hearings cannot be reported without a specific order of the court.
After the judge gave his ruling a reporter, who had been in court throughout, asked the judge if he would permit publication of the result.
After consulting the defence and prosecution counsel, Mr Justice Weatherup said: "I propose to allow a report to the extent that it indicates an application being made to the Criminal Justice Inspection for disclosure of documentation in relating to the accreditation of the Forensic Science Agency and the fact that that application has been successful."
THE trial of a man accused of the Omagh bomb murders was adjourned before it even began yesterday because a key defence lawyer is ill.
London-based QC Orlando Pownall told Belfast Crown Court that although unwell, he was making the adjournment application himself "out of respect for this court and out of respect for my client".
Agreeing to the adjournment, Mr Justice Weir said he had only been made aware of the barrister's illness 24 hours previously.
The judge added that there was considerable public interest in the case and any further developments "should be aired in open court" and not merely whispered in legal circles.
Mr Pownall had sought an adjournment until September 18 but the judge refused to grant a delay specifically to that date.
No date has been set for the trial to recommence.
Sean Hoey (37), from Molly Road in Jonesborough, Co
Armagh, denies the murder of 29 people, including a woman pregnant with twins, in the 1998 Omagh bomb.
His barrister said: "Sean Hoey deserves a fair trial and a fair trial involves Sean Hoey being properly represented by counsel fit to represent his interests in what is a very complicated case."
Mr Pownall said that at no time since Hoey's 2003 arrest, even when the prosecution was allegedly slow in providing the defence with evidence forming the case against him, had Mr Hoey instructed his lawyers to seek adjournments.
Earlier Mr Pownall had told the judge he was in court "against medical advice".
He said he had seen a specialist and undergone a series of tests, the results of which should be known by last night. He said the specialist had told him that "in his 37 years he had never encountered such symptoms".
The judge enquired what the position would be if Mr Pownall did not recover sufficiently.
"That places Mr Hoey in a very invidious position," Mr Pownall said.
He hinted that if a new senior counsel were to be appointed, it could result in an even longer adjournment because it would be "an unsurmountable task" for this person to "marshall the facts within 10 days".
Asked by Mr Justice Weir if the adjournment was being sought solely because of Mr Pownall's ill-health or partly because of difficulties "with evidential matters", Mr Pownall replied that "the principle ground" was his illness.
This brought an immediate challenge from the judge, who said the word "principle" suggested possible other reasons.
Mr Pownall replied: "There is no subsidiary basis."
Revealing that up to 500 witnesses could be called, Mr Pownall said the defence only required those who had collected the exhibits, dealt with the continuity in their handling and the testimony of scientific experts.
Gordon Kerr QC, prosecuting, said he had been asked if there would be any prejudice to the case for an adjournment and added: "I said there would not be."
Mr Justice Weir agreed that it should be adjourned in the interests of Mr Hoey, who had the right to the services of senior counsel, but rejected the submission that the prosecution could open its case before the adjournment.
When Mr Hoey's non-jury trial begins he will face a multitude of other terrorist charges.
He denies a total of 58 charges, relating not only to the Omagh bomb but to six other murder conspiracies, five bombings, four bomb conspiracies and the possession of explosives.
Mr Hoey denies causing the Omagh bomb and possessing explosives, namely a timer power unit, between March 3 1997 and August 16 1998.
The six murder conspiracies against members of the security forces were allegedly planned for Blackwaterstown Road, Armagh, between May
19 and July 11 1998, Altmore forest, near Dungannon, between April 10 and 13 2001, the G30 Military Base, Crossmaglen, and Forkhill RUC/
army base, both on March 24 1998, Belleek RUC station on May 9 1998 and Newry RUC station on July 21 1998.
Mr Hoey also denies possessing bomb timer power units and causing mortar bomb explosions at Crossmaglen, Forkhill, Belleek and Newry RUC station.
He is also accused of causing explosions at Banbridge on August 1 1998 and Finaghy Halt railway station on May 24 1998 with conspiring to cause explosions and possession of explosives, at Blackwaterstown Road, Armagh and at Market Street, Lisburn, between March 11 and May 1 1998; Newry Road, Armagh, between April 10 and May 17 1998; and Newry Courthouse between March 3 and July 14 1998.
Meanwhile, a number of applications by a defence lawyer relating to the handling of forensic evidence to be given at Mr Hoey's trial were made at another crown court hearing before Mr Justice Weatherup.
Such pre-trial hearings cannot be reported without a specific order of the court.
After the judge gave his ruling a reporter, who had been in court throughout, asked the judge if he would permit publication of the result.
After consulting the defence and prosecution counsel, Mr Justice Weatherup said: "I propose to allow a report to the extent that it indicates an application being made to the Criminal Justice Inspection for disclosure of documentation in relating to the accreditation of the Forensic Science Agency and the fact that that application has been successful."
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0800
Published Date: 07-Sep-06
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