IN/1046

JUDGEMENT RESERVED IN APPEAL BY OMAGH BOMBING ACCUSED

Judgment reserved in appeal by Omagh bombing accused

JUDGMENT has been reserved in an appeal brought by four dissident republicans successfully sued by some of those bereaved in the Omagh bombing.
Michael McKevitt, Liam Campbell. Colm Murphy and Seamus Daly are seeking to overturn a finding that they were liable for the August 1998 Real IRA attack in which 29 people, including a woman pregnant with twins were killed.
Lawyers for the men set out their cases during a three-week hearing in front of three senior judges at the Court of Appeal in Belfast.
Lord Justice Higgins, sitting with Lords Justice Glrvan and Coghlin. pledged to deliver their verdict once they had gone through all the material in detail.
"I suspect both my colleagues, like myself, when the timeframe was set. had little understanding as to the extent of the paperwork and the issues in this case." he said.
"The appeal has given rise to a considerable number of issues which we will require to consider and reflect upon. Then we will give our judgment In due course."
McKevitt, a convicted Real IRA leader serving a 20-year jail sentence: Campbell, a farmer from Co Louth fighting extradition to Lithuania over an alleged arms smuggling plot; Murphy, a Dundalk-based builder and publican; and Daly, from Culaville, Co Monaghan. were all found liable for the bombing in a landmark ruling in June 2009.
Mr Justice Morgan, now the Lord Chief Justice Sir Declan Morgan, also held the Real IRA's 'army council' responsible for directing the attack.
Twelve relatives of some of those killed were awarded �I.6 million in damages. Their legal team is appealing the level compensation, arguing that they should receive more because of the scale of the outrage.
During the hearing McKevitt's lawyer criticised the credibility of an FBI spy who infiltrated dissident republican ranks and proved crucial in securing McKevitt's conviction for directing terrorism.
David Rupert, who gave evidence at the criminal trial in Dublin but did not appear at the civil action in Belfast, was described as "a pathological liar, confidence trickster and serial perjurer".
It was also claimed that the findings made against McKevitt was "tainted".
Campbell's barrister rejected claims that he has no right to appeal the verdict because he took no part in the original trial.
It was contended that telephone evidence linking him to the bombing was no more than "speculation and inference".
Counsel for Murphy, who was accused of supplying the phones used by the bombers, argued that no clear evidence exists to back claims that he knew about the plot.
Daly's barrister argued that justice was distorted In the case because the state interfered with the rule of law to fund the families' civil action.
She also claimed police acted unlawfully by supplying investigative material for use in the lawsuit.
After final submissions were delivered. Campbell's senior counsel Brian Fee QC, expressed thanks to the judges for how they had handled the case.
Speaking on behalf of all the lawyers, he said: "In a long, protracted, difficult case of this nature it is appropriate that we should mark our gratitude."

Further Information

Publisher: THE IRISH NEWS

Ref: IN/1046

Published Date: 02-Feb-11

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