IN/1045

No clear evidence' Murphy knew of Omagh bomb plot

NO CLEAR evidence exists to back claims that a man accused of supplying phones to the Omagh bombers knew about the plot, the Court of Appeal heard yesterday.
Nothing has been advanced either to show that Colm Murphy was aware of an alleged change in Real IRA policy to reduce warning times, his lawyer argued.
Murphy (58), a builder and publican from Dundalk in Co Louth, is one of four men challenging a verdict that they were liable for the August 1998 atrocity that killed 29 people, including a woman pregnant with twins.
Relatives of some of those killed in the bombing were awarded damages of more than £I.6 million in total after successfully suing the men.
In a landmark ruling in June 2009 Mr Justice Morgan, now the Lord Chief Justice Sir Declan Morgan, also held that the Real IRA's army council bore responsibility for directing the attack.
The judgment is being contested, with the victims' families also pressing for a more punitive award of exemplary damages against those held liable.
Murphy, the only man to be Jailed in connection with the bombing, was cleared of conspiracy to cause an explosion following a retrial last year.
His counsel argued yesterday in the Court of Appeal against a finding in the civil action that Murphy allowed his phones to be used knowing an attack was to be carried out.
"There is no clear evidence that the fifth named defendant [Murphy] knew what was to take place -whether this was an actual bomb, whether it was a hoax bomb, whether it was simply placing the vehicle or in fact that he had any actual knowledge of what [they] were going to be used for," Dermot Fee QC said.
Mr Fee further contended that his client knew nothing about any suspected policy switch to give less advance warning in attacks leading up to the Omagh bombing.
In exchanges with the three-judge panel hearing the appeal, Mr Fee contended that the main intention of paramilitaries who plant a bomb in a town is to damage infrastructure and cause commercial disruption.
Lord Justice Girvan responded by stressing that their intention was defined as using 'terror' to achieve political aims.
"In this instance the warning was a short warning - and in a busy market town a short warning creates a heightened fear," he said.
Mr Fee emphasised that he was not trying to argue that the bombers' actions had been appropriate and said these actions had led to "appalling consequences".
No-one has ever been convicted in a criminal court for the Omagh bombing.
Murphy was held liable in the civil action along with Michael McKevitt, Liam Campbell and Seamus Daly.
The case against a fifth defendant. Seamus McKenna, was dismissed.
Findings were made against him and Daly, a builder from Culaville in Co Monaghan. because of evidence linking them to the phones used in the bomb run.
McKevitt, serving a 20-year prison sentence for 'directing terrorism', was said to be at the top end of the Real IRA.
Campbell, a farmer from Upper Faughart in Dundalk. Co Louth. Is fighting attempts to have him extradited to Lithuania over alleged arms smuggling.
He is alleged to have been a member of the Real IRA's army council at the time of the Omagh bombing.
The appeal continues.