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RIRA BOSS MAY HAVE TO PAY OMAGH FAMILIES' LEGAL COSTS

RIRA boss may have to pay Omagh families' legal costs
By Barry McCaffrey

REAL IRA leader Liam Campbell could be personally liable for the Omagh families' multi-million-pound legal bill after he voluntarily withdrew from the case and lost legal aid status.
On Monday Northern Ireland's incoming lord chief justice, Mr Declan Morgan, ruled that Campbell and three other dissidents should pay £1.6m compensation to the Omagh families for their involvement in the 1998 bombing which killed 29 people including a woman pregnant with twins.
Later this month a court will decide if the four dissidents will also have to pay the legal costs of the case, which are estimated to top £4m.
It had been claimed that the court costs issue was largely academic, as both the families and three of the dissident defendants received legal aid.
However, it has now emerged that Campbell's decision to sack his legal team and withdraw from the trial during proceedings means that he could be personally liable for part of the costs.
Ruling that Campbell had been a member of the RIRA's 'Army Council' and was personally involved in the bombing, Mr Justice Morgan concluded: "It is inexplicable that he should not have answered this case if he had an answer to it.
"I consider that the case against him is overwhelming."
University of Ulster law lecturer Rosemary Craig said she believed that the Omagh verdict would have massive repercussions for similar cases around the world.
"Mr Justice Morgan ruled not only against four named individuals, but also against the Real IRA as an unincorporated body," she said.
"Essentially it means the Omagh families can go after assets belonging to the Real IRA and its political organisation (32 County Sovereignty Committee).
"It means the families can apply to seize their assets not only in Northern Ireland but also in the Republic of Ireland and in the United States."
Ms Craig believes the families' decision to issue writs against the four named dissidents as far back as 2002 could prove critical in their efforts to recover the £1.6m compensation, as any personal assets from that date are liable to be seized.
However, the law lecturer believes that this week's ruling will have major implications for the victims of similar atrocities.
"The Omagh families' civil case is unprecedented.
"It is a groundbreaking judgment which will resonate around the world for many years.
"It is the first time anywhere in the world that victims' families have successfully sued a terrorist organisation."
It is argued that the judgment could open the floodgates for similar cases to be taken by victims' families who lost loved ones or were themselves injured provided Civil Writs are issued within three years for civil claims.
"This landmark judgment will be looked at very carefully by a lot of people in similar circumstances."
Questioned as to whether Liam Campbell's decision to withdraw from the Omagh case could now mean that he could be personally liable for major court costs, Ms Craig said: "It could be argued that he has left himself open to legal argument on this point.
"It is one aspect of a very complex case which has yet to be explored."


Further Information

Publisher: THE IRISH NEWS

Ref: IN/1004

Published Date: 10-Jun-09

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