LAWYER CRITICISES OMAGH EVIDENCE
Lawyer criticises Omagh evidence
TELEPHONE evidence which allegedly links a suspected Real IRA leader to the Omagh bombing is just "speculation and inference", the Court of Appeal heard yesterday.
Lawyers for Liam Campbell attacked the strength of the case against him during their challenge to a ruling that he was liable for the August 1998 atrocity.
Twelve relatives of some of those murdered were awarded combined damages of more than �I.6 million in a landmark ruling in June 2009.
Mr Justice Morgan, now the Lord Chief Justice Sir Declan Morgan, also declared that members of the Real IRA's 'army council' bore responsibility for directing the attack.
His verdict is now being contested, with the victims' families also pressing for a more punitive award of exemplary damages against those held liable.
The judgment found "cogent evidence" that Campbell was a member of the Real IRA's army council at the time of the Omagh bombing.
Although unrepresented at the original action, he has instructed lawyers to appeal the finding against him.
Brian Fee QC told the hearing: "When it came to Mr Campbell the learned trial judge, when he was applying the provisions of the Civil Evidence Order, essentially ignored and forgot to a large extent about Mr Campbell."
The barrister sought to diminish the strength of telephone evidence which it was claimed linked Campbell to the plot.
He outlined two calls made between phones in the hour before the bomb went off. one allegedly from a scout car to Campbell.
This, according to the case against the men, was to indicate the device was in place and warning calls could be made.
Mr Fee told the court that although there was no evidence that his client made the warning call, the Inference was that the holder of this phone contacted others who then acted.
Thirty minutes before the explosion another call was made to the phone Campbell is suspected of being in possession of. judges heard. Mr Fee said the suggestion being made was that it may have been the scout car confirming it was now in the clear.
He argued: "One is into a lot of speculation and inference in this case.
"Perhaps one way in which the learned trial Judge has failed to look at Mr Campbell's position is that he has taken a version put by the plaintiffs and he has not really examined or analysed the strength or weakness of that case sufficiently for carrying out his duty under the Civil Evidence Order."
No-one has ever been convicted in a criminal court for causing the Omagh murders.
Campbell, a farmer from Upper Faughart. Dundalk, Co Louth. who is fighting attempts to have him extradited to Lithuania over alleged arms smuggling, was found liable in the civil action along with Michael McKevitt. Colm Murphy and Seamus Daly.
McKevitt, serving a 20-year prison sentence for directing terrorism, was said to be at the top end of the Real IRA.
Murphy, a builder and publican from Dundalk. Co Louth, and Daly, a builder from Culaville, Co Monaghan. were also held liable due to evidence linking them to the phones used In the bomb run.
The appeal continues.
TELEPHONE evidence which allegedly links a suspected Real IRA leader to the Omagh bombing is just "speculation and inference", the Court of Appeal heard yesterday.
Lawyers for Liam Campbell attacked the strength of the case against him during their challenge to a ruling that he was liable for the August 1998 atrocity.
Twelve relatives of some of those murdered were awarded combined damages of more than �I.6 million in a landmark ruling in June 2009.
Mr Justice Morgan, now the Lord Chief Justice Sir Declan Morgan, also declared that members of the Real IRA's 'army council' bore responsibility for directing the attack.
His verdict is now being contested, with the victims' families also pressing for a more punitive award of exemplary damages against those held liable.
The judgment found "cogent evidence" that Campbell was a member of the Real IRA's army council at the time of the Omagh bombing.
Although unrepresented at the original action, he has instructed lawyers to appeal the finding against him.
Brian Fee QC told the hearing: "When it came to Mr Campbell the learned trial judge, when he was applying the provisions of the Civil Evidence Order, essentially ignored and forgot to a large extent about Mr Campbell."
The barrister sought to diminish the strength of telephone evidence which it was claimed linked Campbell to the plot.
He outlined two calls made between phones in the hour before the bomb went off. one allegedly from a scout car to Campbell.
This, according to the case against the men, was to indicate the device was in place and warning calls could be made.
Mr Fee told the court that although there was no evidence that his client made the warning call, the Inference was that the holder of this phone contacted others who then acted.
Thirty minutes before the explosion another call was made to the phone Campbell is suspected of being in possession of. judges heard. Mr Fee said the suggestion being made was that it may have been the scout car confirming it was now in the clear.
He argued: "One is into a lot of speculation and inference in this case.
"Perhaps one way in which the learned trial Judge has failed to look at Mr Campbell's position is that he has taken a version put by the plaintiffs and he has not really examined or analysed the strength or weakness of that case sufficiently for carrying out his duty under the Civil Evidence Order."
No-one has ever been convicted in a criminal court for causing the Omagh murders.
Campbell, a farmer from Upper Faughart. Dundalk, Co Louth. who is fighting attempts to have him extradited to Lithuania over alleged arms smuggling, was found liable in the civil action along with Michael McKevitt. Colm Murphy and Seamus Daly.
McKevitt, serving a 20-year prison sentence for directing terrorism, was said to be at the top end of the Real IRA.
Murphy, a builder and publican from Dundalk. Co Louth, and Daly, a builder from Culaville, Co Monaghan. were also held liable due to evidence linking them to the phones used In the bomb run.
The appeal continues.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/1044
Published Date: 14-Jan-11
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