IN/0864

VERDICT MEANS THE SEARCH FOR JUSTICE MUST CONTINUE

Verdict means the search for justice must continue

THE only man to stand trial in Northern Ireland in connection with the Real IRA bombing of Omagh town centre on August 15 1998 was acquitted yesterday. The decision to free south Armagh man Sean Hoey (38) means that almost 10 years on from the north's worst single terrorist atrocity the families of the 29 people and unborn twins killed continue in their quest for justice.
Reading his verdict at Belfast Crown Court, Mr Justice Weir heavily criticised the way evidence had been gathered and stored by police.
In a scathing judgment he said police had adopted a "seemingly thoughtless and slapdash approach" with vital pieces of evidence "widely and routinely handled with cavalier disregard for their integrity".
Afterwards relatives of the dead condemned the investigation and renewed their call for a cross-border public inquiry.
Michael Gallagher, whose son Aidan died, said the case had been a disaster for the Omagh families.
"I think it is beyond belief what we have had to put up with over the last nine and a half years," he said.
"Now both governments, given what we have experienced today and over the last nine and a half years, cannot refuse the families a cross-border public inquiry so we can get to some degree of the truth."
Victor Barker, whose 12-year-old son James died, singled out former chief constable Sir Ronnie Flanagan for criticism.
"It is the appalling inefficiency of Sir Ronnie Flanagan that has meant Chief Superintendent Baxter has not been able to secure a conviction," he said.
"He said he would fall on his sword if anything was wrong with this investigation - I will give him the sword."
Chief Superintendent Norman Baxter, the Omagh man who led the second police investigation, refused to answer questions outside the court but made a statement, saying the verdict would be studied in detail.
The Public Prosecution Service said it had been right to bring the case.
A key flaw in the prosecution case was the attempt to link Hoey to the bomb by using Low Copy Number DNA testing, which the judge said could not be relied upon.
The judge also highlighted the deliberate lies told by two key prosecution witnesses, Detective Chief Inspector Philip Marshall and scene of crime officer Fiona Cooper.
Ms Cooper has since joined the police. She and Mr Marshall are being investigated by the police ombudsman.
"The effect of this, as I find deliberate and calculated deception in which others concerned in the investigation and preparation of this case for trial beyond these two witnesses may also have played a part, is to make it impossible for me to accept any of the evidence of either witness since I have no means of knowing whether they may have told lies about other aspects of the case that were not capable of being exposed as such," the judge said.

Further Information

Publisher: THE IRISH NEWS

Ref: IN/0864

Published Date: 21-Dec-07

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