JUDGE WILL RULE ON HOEY'S BID TO HAVE OMAGH CASE DROPPED
Judge will rule on Hoey's bid to have Omagh case dropped
JUDGE is expected to rule tomorrow on a defence bid to have the Omagh bomb case against south Armagh man Sean Hoey thrown out.
Belfast Crown Court was told yesterday that Hoey will definitely be cleared of at least one of the dozens of charges against him, after the Crown accepted there was no evidence to convict him.
Replying to the defence application, Gordon Kerr QC, prosecuting, said it was accepted that in relation to a car bomb in Banbridge in Co Down in August 1998 there was no case to answer.
Later the barrister also said that with regard to a conspiracy to murder charge dated between May and July 1998 following the discovery of a bomb in a trailer on the Blackwatertown Road, Co Armagh, there may not be evidence to support the charge.
However, Mr Kerr said that in relation to other car bombs and mortar bombs, including the 1998 Omagh atrocity, the Crown still contended that a properly directed jury could convict Hoey.
The electrician, of Molly Road in Jonesborough, denies a total of 58 charges.
After taking each incident and device in turn, Mr Kerr said that in general, apart from the devices at Blackwatertown Road and the car bomb in Banbridge: "We submit... that the combination of DNA, construction and fibres link the defendant to the offences and it has been established, at this stage of the case, to place the matters before the notional jury."
During the course of the Diplock trial Mr Justice Weir has heard a detective and a scenes of crime officer admit that statements had been "beefed up" in relation to forensic precautions taken at the scene of a mortar bomb find in Altmore Forest, near Dungannon in Co Tyrone.
When the judge asked how he should approach their evidence, Mr Kerr advised doing so "with caution".
However, he went on to say that despite untruths in their evidence, it was apparent that exhibits seized at the scene had already been bagged and sealed by British army bomb disposal officers before the scenes of crime officer arrived.
"There's been no evidence to suggest contact with any other item that would suggest contamination... and there's been no reasonable explanation advanced for the DNA finding," Mr Kerr said.
The judge said he wanted to consider the defence application to have the charges dropped and the Crown's reply.
He said he would give his ruling tomorrow morning.
JUDGE is expected to rule tomorrow on a defence bid to have the Omagh bomb case against south Armagh man Sean Hoey thrown out.
Belfast Crown Court was told yesterday that Hoey will definitely be cleared of at least one of the dozens of charges against him, after the Crown accepted there was no evidence to convict him.
Replying to the defence application, Gordon Kerr QC, prosecuting, said it was accepted that in relation to a car bomb in Banbridge in Co Down in August 1998 there was no case to answer.
Later the barrister also said that with regard to a conspiracy to murder charge dated between May and July 1998 following the discovery of a bomb in a trailer on the Blackwatertown Road, Co Armagh, there may not be evidence to support the charge.
However, Mr Kerr said that in relation to other car bombs and mortar bombs, including the 1998 Omagh atrocity, the Crown still contended that a properly directed jury could convict Hoey.
The electrician, of Molly Road in Jonesborough, denies a total of 58 charges.
After taking each incident and device in turn, Mr Kerr said that in general, apart from the devices at Blackwatertown Road and the car bomb in Banbridge: "We submit... that the combination of DNA, construction and fibres link the defendant to the offences and it has been established, at this stage of the case, to place the matters before the notional jury."
During the course of the Diplock trial Mr Justice Weir has heard a detective and a scenes of crime officer admit that statements had been "beefed up" in relation to forensic precautions taken at the scene of a mortar bomb find in Altmore Forest, near Dungannon in Co Tyrone.
When the judge asked how he should approach their evidence, Mr Kerr advised doing so "with caution".
However, he went on to say that despite untruths in their evidence, it was apparent that exhibits seized at the scene had already been bagged and sealed by British army bomb disposal officers before the scenes of crime officer arrived.
"There's been no evidence to suggest contact with any other item that would suggest contamination... and there's been no reasonable explanation advanced for the DNA finding," Mr Kerr said.
The judge said he wanted to consider the defence application to have the charges dropped and the Crown's reply.
He said he would give his ruling tomorrow morning.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0826
Published Date: 20-Dec-06
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