QUESTIONS OVER BOMB WITNESSES
Questions over bomb witnesses
THE prosecution in the Omagh bomb trial has accepted that a question mark hangs over the reliability of two of their main witnesses. However, prosecuting QC Gordon Kerr said their evidence should be considered within the context of all the Crown evidence, some of which has still to be heard. Mr Kerr told Mr Justice Weir at the trial of south Armagh electrician Sean Hoey (37) that having reviewed a transcript of the evidence of Scene of Crime Officer Fiona Cooper and Detective Chief Inspector Philip Greer Marshall, the court should treat their evidence "with caution".
The Belfast Crown Court judge had asked the prosecution to look at their evidence to ascertain if the Crown still considered them "witnesses of truth".
In relation to Mrs Cooper, Mr Kerr said it was "accepted that there is material upon which the court, as a tribunal of fact, could draw adverse inferences as to the credibility and reliability of Ms Cooper".
"Her evidence is directed to two main issues, that is, receipt and transmission of exhibits and the handling of exhibits at the crime scene," he said.
Mr Kerr said it was the prosecution's submission that her evidence should be assessed "in the context of all the evidence on these issues".
Having given an example of such an assessment, the lawyer added: "At an appropriate stage in the case detailed submissions will be made on all these issues".
However, Mr Kerr conceded that those submissions "will be made on the basis of an acknowledgement that the court should direct itself to treat her evidence with caution". Turning to the evidence of Chief Inspector Marshall, Mr Kerr said a review of the transcript "suggests that some of the same issues may arise with this witness".
Mr Kerr said the transcript "shows that in his evidence he accepted acting in an improper way in his capacity as investigating officer at the Altmore scene (of a bomb find in Co Tyrone) and in taking statements".
Defence QC Orlando Pownall said it was not appropriate at this stage to make any submissions.
However, he did voice concern as to how the defence was being asked to deal with the prosecution case against Hoey, who denies a total of 58 terrorist offences, including the murders of those who died in the Omagh blast in August 1998.
Complaining that the defence had been supplied with yet more additional evidence, Mr Pownall said it appeared "we are being invited to meet this case on the hoof".
Later yesterday, a detective constable from the Omagh bomb inquiry team denied asking Chief Inspector Marshall to "rewrite a statement".
DC Michael Farley, who also rejected defence suggestions that he also asked others to rewrite statements, denied that someone from the inquiry team had asked Mr Marshall "to beef up his statement".
The detective further refuted an allegation that he himself had approached the then Detective Sergeant to alter his statement.
The detective further claimed that the only thing he knew about Mr Marshall's evidence was what he'd heard on the radio and TV.
However, he also denied being aware that the Chief Inspector claimed in evidence that someone from the inquiry team had asked him to re-write his statement.
THE prosecution in the Omagh bomb trial has accepted that a question mark hangs over the reliability of two of their main witnesses. However, prosecuting QC Gordon Kerr said their evidence should be considered within the context of all the Crown evidence, some of which has still to be heard. Mr Kerr told Mr Justice Weir at the trial of south Armagh electrician Sean Hoey (37) that having reviewed a transcript of the evidence of Scene of Crime Officer Fiona Cooper and Detective Chief Inspector Philip Greer Marshall, the court should treat their evidence "with caution".
The Belfast Crown Court judge had asked the prosecution to look at their evidence to ascertain if the Crown still considered them "witnesses of truth".
In relation to Mrs Cooper, Mr Kerr said it was "accepted that there is material upon which the court, as a tribunal of fact, could draw adverse inferences as to the credibility and reliability of Ms Cooper".
"Her evidence is directed to two main issues, that is, receipt and transmission of exhibits and the handling of exhibits at the crime scene," he said.
Mr Kerr said it was the prosecution's submission that her evidence should be assessed "in the context of all the evidence on these issues".
Having given an example of such an assessment, the lawyer added: "At an appropriate stage in the case detailed submissions will be made on all these issues".
However, Mr Kerr conceded that those submissions "will be made on the basis of an acknowledgement that the court should direct itself to treat her evidence with caution". Turning to the evidence of Chief Inspector Marshall, Mr Kerr said a review of the transcript "suggests that some of the same issues may arise with this witness".
Mr Kerr said the transcript "shows that in his evidence he accepted acting in an improper way in his capacity as investigating officer at the Altmore scene (of a bomb find in Co Tyrone) and in taking statements".
Defence QC Orlando Pownall said it was not appropriate at this stage to make any submissions.
However, he did voice concern as to how the defence was being asked to deal with the prosecution case against Hoey, who denies a total of 58 terrorist offences, including the murders of those who died in the Omagh blast in August 1998.
Complaining that the defence had been supplied with yet more additional evidence, Mr Pownall said it appeared "we are being invited to meet this case on the hoof".
Later yesterday, a detective constable from the Omagh bomb inquiry team denied asking Chief Inspector Marshall to "rewrite a statement".
DC Michael Farley, who also rejected defence suggestions that he also asked others to rewrite statements, denied that someone from the inquiry team had asked Mr Marshall "to beef up his statement".
The detective further refuted an allegation that he himself had approached the then Detective Sergeant to alter his statement.
The detective further claimed that the only thing he knew about Mr Marshall's evidence was what he'd heard on the radio and TV.
However, he also denied being aware that the Chief Inspector claimed in evidence that someone from the inquiry team had asked him to re-write his statement.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0810
Published Date: 17-Oct-06
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