4 CASES IN DOUBT AFTER OMAGH VERDICT
4 cases in doubt after Omagh verdict
EXCLUSIVE By Allison Morris
OUR cases involving alleged dissident republican activity are in doubt following scathing criticism of a controversial method of forensic testing by a senior judge during the Omagh bombing trial.
Legal representatives of the four men awaiting trial on a list of charges connected to the controversial forensic method have written to the Public Prosecution Service (PPS) to demand that all charges be withdrawn.
The prosecution case against electrician Sean Hoey (38), who was accused of the 1998 Omagh bombing, relied heavily on the use of Low Copy Number (LCN) DNA profiling.
However, on Thursday Mr Justice Weir expressed serious concern about the validation of the forensic test and questioned "its reliability as an evidential tool".
Last night the Association of Chief Police Officers said they had suspended the use of LCN DNA,.
Earlier yesterday the Crown Prosecution Service said it would review live prosecutions in England and Wales involving the forensic procedure.
Chief Constable Sir Hugh Orde said he had instigated an immediate review in Northern Ireland.
Among the cases now in doubt in the north are:
*Declan McGlinchey who faces explosive charges following the discovery of a bomb in Bellaghy in July 2006
*Co Tyrone man John Brady, who is awaiting trial for attempting to murder RIR soldier Adrian Lucas in 2002 and possession of an under-car booby trap device. The case against Mr Brady relies heavily on LCN DNA evidence
*Liam Hannaway from west Belfast awaiting trial in relation to the discovery of ammunition
*Barry Devine, who is awaiting trial in relation to an incendiary device discovered in Strabane in 2005.
Critics had long argued that the method which uses a magnified form of DNA testing is unreliable as results are distorted by the amplification process.
While awaiting the verdict in the Omagh trial the Public Prosecution Service had put a hold on any cases where LCN DNA was to be submitted in evidence.
Following the dismissal of the forensic method as evidence in the Omagh case the PPS has now said that it is "considering the implications" of Mr Justice Weir's findings.
A number of other cases under consideration by the PPS are also expected not now to proceed.
These include allegations against dissident republican Paddy Murray whom LCN DNA tests had implicated in a Real IRA fire-bombing campaign after the Wetherby forensic lab in England found samples on swabs taken from an incendiary device.
Solicitors said they had sent a letter to the PPS in light of Mr Justice Weir's comments calling for the cases to be dropped.
EXCLUSIVE By Allison Morris
OUR cases involving alleged dissident republican activity are in doubt following scathing criticism of a controversial method of forensic testing by a senior judge during the Omagh bombing trial.
Legal representatives of the four men awaiting trial on a list of charges connected to the controversial forensic method have written to the Public Prosecution Service (PPS) to demand that all charges be withdrawn.
The prosecution case against electrician Sean Hoey (38), who was accused of the 1998 Omagh bombing, relied heavily on the use of Low Copy Number (LCN) DNA profiling.
However, on Thursday Mr Justice Weir expressed serious concern about the validation of the forensic test and questioned "its reliability as an evidential tool".
Last night the Association of Chief Police Officers said they had suspended the use of LCN DNA,.
Earlier yesterday the Crown Prosecution Service said it would review live prosecutions in England and Wales involving the forensic procedure.
Chief Constable Sir Hugh Orde said he had instigated an immediate review in Northern Ireland.
Among the cases now in doubt in the north are:
*Declan McGlinchey who faces explosive charges following the discovery of a bomb in Bellaghy in July 2006
*Co Tyrone man John Brady, who is awaiting trial for attempting to murder RIR soldier Adrian Lucas in 2002 and possession of an under-car booby trap device. The case against Mr Brady relies heavily on LCN DNA evidence
*Liam Hannaway from west Belfast awaiting trial in relation to the discovery of ammunition
*Barry Devine, who is awaiting trial in relation to an incendiary device discovered in Strabane in 2005.
Critics had long argued that the method which uses a magnified form of DNA testing is unreliable as results are distorted by the amplification process.
While awaiting the verdict in the Omagh trial the Public Prosecution Service had put a hold on any cases where LCN DNA was to be submitted in evidence.
Following the dismissal of the forensic method as evidence in the Omagh case the PPS has now said that it is "considering the implications" of Mr Justice Weir's findings.
A number of other cases under consideration by the PPS are also expected not now to proceed.
These include allegations against dissident republican Paddy Murray whom LCN DNA tests had implicated in a Real IRA fire-bombing campaign after the Wetherby forensic lab in England found samples on swabs taken from an incendiary device.
Solicitors said they had sent a letter to the PPS in light of Mr Justice Weir's comments calling for the cases to be dropped.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0871
Published Date: 22-Dec-07
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