REAL IRA TAPES MAY BE HEARD IN OMAGH TRIAL
Real IRA tapes may be heard in Omagh trial
OVERT recordings of convicted Real IRA chief Michael McKevitt may be heard in public for the first time at the Omagh bomb civil trial.
In a surprise development, a compilation tape of alleged phone calls between McKevitt and undercover intelligence officers was produced at the High Court in Belfast by a former Metropolitan Police detective.
It had been included as evidence at an earlier trial of three suspected Real IRA members in London but never played when they pleaded guilty to a bomb plot across Britain and Ireland.
Lawyers for relatives of some of the 29 people and unborn twins killed in the August 1998 Omagh bombing confirmed they wanted the recordings - said to be drawn from five separate conversations and featuring only McKevitt's voice - to be heard in open court.
The tapes were taken from conversations between security service agents and a man named 'Karl', identified by voice recognition as McKevitt during January-April 2001.
But Michael O'Higgins QC, defending McKevitt - who is being sued in the landmark action along with Liam Campbell, Seamus McKenna, Colm Murphy and Seamus Daly - claimed disclosure of the recordings was unfair and argued Scotland Yard had no right to hand over what was the property of MI5.
Further concerns over their origins centred on the possibility that interception techniques may have been used -which would render them ineligible in the proceedings.
Mr Justice Declan Morgan will rule on the tape's admissibility later this month.
The court was told retired Met detective superintendent John Pearce supplied the compilation recordings after taking legal advice from his former employers and the security services.
In February 2002 he played the tape to FBI spy David Rupert, the US businessman who infiltrated the Real IRA, who identified the voice as belonging to McKevitt.
"This is not information which has been in the public domain," Mr O'Higgins said.
"This is information obtained covertly by the British intelligence services and in respect of when there's a bar disclosing it to third parties save in criminal prosecutions.
"It's safe to infer the British security services have given their blessing to this court.
"My objection to this isn't so much to the tape itself but it's on the principled objection that the case is balanced."
Lord Brennan QC, appearing for the families, pointed out that Mr O'Higgins was preparing to present a case against introducing the old Woolwich material by saying the unavailability of the tape meant he could not properly defend his client.
"This document has come into our possession unexpectedly. We are entitled to use it."
The trial continues.
OVERT recordings of convicted Real IRA chief Michael McKevitt may be heard in public for the first time at the Omagh bomb civil trial.
In a surprise development, a compilation tape of alleged phone calls between McKevitt and undercover intelligence officers was produced at the High Court in Belfast by a former Metropolitan Police detective.
It had been included as evidence at an earlier trial of three suspected Real IRA members in London but never played when they pleaded guilty to a bomb plot across Britain and Ireland.
Lawyers for relatives of some of the 29 people and unborn twins killed in the August 1998 Omagh bombing confirmed they wanted the recordings - said to be drawn from five separate conversations and featuring only McKevitt's voice - to be heard in open court.
The tapes were taken from conversations between security service agents and a man named 'Karl', identified by voice recognition as McKevitt during January-April 2001.
But Michael O'Higgins QC, defending McKevitt - who is being sued in the landmark action along with Liam Campbell, Seamus McKenna, Colm Murphy and Seamus Daly - claimed disclosure of the recordings was unfair and argued Scotland Yard had no right to hand over what was the property of MI5.
Further concerns over their origins centred on the possibility that interception techniques may have been used -which would render them ineligible in the proceedings.
Mr Justice Declan Morgan will rule on the tape's admissibility later this month.
The court was told retired Met detective superintendent John Pearce supplied the compilation recordings after taking legal advice from his former employers and the security services.
In February 2002 he played the tape to FBI spy David Rupert, the US businessman who infiltrated the Real IRA, who identified the voice as belonging to McKevitt.
"This is not information which has been in the public domain," Mr O'Higgins said.
"This is information obtained covertly by the British intelligence services and in respect of when there's a bar disclosing it to third parties save in criminal prosecutions.
"It's safe to infer the British security services have given their blessing to this court.
"My objection to this isn't so much to the tape itself but it's on the principled objection that the case is balanced."
Lord Brennan QC, appearing for the families, pointed out that Mr O'Higgins was preparing to present a case against introducing the old Woolwich material by saying the unavailability of the tape meant he could not properly defend his client.
"This document has come into our possession unexpectedly. We are entitled to use it."
The trial continues.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0969
Published Date: 03-Oct-08
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