OMAGH BOMBING CASE JUDGE AT CENTRE OF ROW OVER SPECULATION
Omagh bombing case judge at centre of row over 'speculation'
NORTHERN Ireland's most senior judge, Lord Chief Justice Brian Kerr, last night dismissed criticism that the judiciary had been wrong to question whether police officers had been involved in a "deliberate and calculated deception" of evidence at the Omagh trial.
A Policing Board report yesterday accused Omagh bomb judge Mr Justice Weir of indulging in "speculation" after he raised concerns that some officers involved in the Omagh bomb investigation may have been involved in "deliberate and calculated deception" of evidence.
Acquitting south Armagh electrician Sean Hoey of the Omagh bomb in December last year, Mr Justice Weir was severely critical of key aspects of the police investigation, particularly the actions of Detective Sergeant Philip Marshall and scenes of crimes officer Fiona Cooper, who admitted under oath that they had been asked to "beef up" witness statements.
Raising concerns of a larger police deception, Mr Justice Weir said: "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."
Following the verdict the Policing Board commissioned former chief constables Sir Dan Crompton and David Blakey to carry out a review of the Omagh investigation.
However, in what is being seen as an indication of a potential rift between the judiciary and senior police officers, the report dismissed Mr Justice Weir's deception claims as "speculation".
In a robust defence of his colleague, Sir Brian Kerr said Mr Justice Weir considered that the nature of the evidence given by the two individuals he identified in the judgment raised the possibility of the involvement of others.
"The judge has not identified those other persons in the judgment, nor has he reached any conclusion as to who they might be," Sir Brian said.
"His concern was that there may be others who have not been identified whose actions may require to be investigated.
"Whether this was a well-founded concern will depend on the outcome of investigations that others such as the Police Service, the Public Prosecution Service or the Police Ombudsman may deem necessary.
"The judge did not speculate that others were involved, much less who such others might be.
"He registered his concern that others may have been involved and he has left it to other agencies to investigate and determine whether that is the case."
Sinn Fein Policing Board member Martina Anderson claimed the report "lacked substance" in key areas and left a series of unanswered questions.
SDLP Policing Board member Dolores Kelly warned that the public's confidence in policing needed to be restored.
Commenting on the report Policing Board chairman Professor Sir Desmond Rea said members had considered it in detail and agreed by a majority view to adopt it.
Michael Gallagher whose son Aiden was among the 29 people, including a woman pregnant with twins, killed and who sat throughout most of the 56-day hearing, said: "I don't see the villain in this case as the judge.
"Much of the forensic evidence was defective and this report is an accumulation of a number of things that went wrong."
NORTHERN Ireland's most senior judge, Lord Chief Justice Brian Kerr, last night dismissed criticism that the judiciary had been wrong to question whether police officers had been involved in a "deliberate and calculated deception" of evidence at the Omagh trial.
A Policing Board report yesterday accused Omagh bomb judge Mr Justice Weir of indulging in "speculation" after he raised concerns that some officers involved in the Omagh bomb investigation may have been involved in "deliberate and calculated deception" of evidence.
Acquitting south Armagh electrician Sean Hoey of the Omagh bomb in December last year, Mr Justice Weir was severely critical of key aspects of the police investigation, particularly the actions of Detective Sergeant Philip Marshall and scenes of crimes officer Fiona Cooper, who admitted under oath that they had been asked to "beef up" witness statements.
Raising concerns of a larger police deception, Mr Justice Weir said: "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."
Following the verdict the Policing Board commissioned former chief constables Sir Dan Crompton and David Blakey to carry out a review of the Omagh investigation.
However, in what is being seen as an indication of a potential rift between the judiciary and senior police officers, the report dismissed Mr Justice Weir's deception claims as "speculation".
In a robust defence of his colleague, Sir Brian Kerr said Mr Justice Weir considered that the nature of the evidence given by the two individuals he identified in the judgment raised the possibility of the involvement of others.
"The judge has not identified those other persons in the judgment, nor has he reached any conclusion as to who they might be," Sir Brian said.
"His concern was that there may be others who have not been identified whose actions may require to be investigated.
"Whether this was a well-founded concern will depend on the outcome of investigations that others such as the Police Service, the Public Prosecution Service or the Police Ombudsman may deem necessary.
"The judge did not speculate that others were involved, much less who such others might be.
"He registered his concern that others may have been involved and he has left it to other agencies to investigate and determine whether that is the case."
Sinn Fein Policing Board member Martina Anderson claimed the report "lacked substance" in key areas and left a series of unanswered questions.
SDLP Policing Board member Dolores Kelly warned that the public's confidence in policing needed to be restored.
Commenting on the report Policing Board chairman Professor Sir Desmond Rea said members had considered it in detail and agreed by a majority view to adopt it.
Michael Gallagher whose son Aiden was among the 29 people, including a woman pregnant with twins, killed and who sat throughout most of the 56-day hearing, said: "I don't see the villain in this case as the judge.
"Much of the forensic evidence was defective and this report is an accumulation of a number of things that went wrong."
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0956
Published Date: 10-Jul-08
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