GARDAI FALSIFIED OMAGH EVIDENCE
Gardai 'falsified Omagh evidence'
TWO gardai who questioned the only man to be charged in connection with the Omagh bombing took part in a "patent falsification" of interview notes with him, a court ruled yesterday.
Dublin's Special Criminal Court ruled that detectives Liam Donnelly and John Fahy inserted "a demonstrable falsehood" into notes after interrogating 49-year-old Colm Murphy, from Dundalk, Co Louth, who is on trial for conspiracy to cause an explosion.
But the three-judge panel rejected a defence application to have the case dismissed.
The fact that just one interview was discredited and two officers committed the "outrageous" behaviour, did not discredit the entire prosecution case, presiding judge Mr Justice Barr said.
Father-of-four Murphy denies conspiracy to cause an explosion in the state or elsewhere, likely to cause loss of life or serious injury to property between August 13 and 16 1998.
Mr Justice Barr explained in the ruling that Detective Garda Donnelly inserted references to a woman named Sheila Grew, falsely claiming that Murphy accepted she was the sister of his wife.
Ms Grew was alleged to be associated with a republican terrorist known to police, the judge said. But when Detective Donnelly realised this was incorrect he had to rewrite the page.
"It is inconceivable that the accused would have confirmed a family relationship that did not exist.
"The court is satisfied that no such question had been put to him by Detective Garda Donnelly," the ruling said.
Mr Justice Barr concluded: "Detective Garda Donnelly was guilty of patent falsification."
He said Fahy, by then signing the tainted notes, was guilty of "persistent lying on oath".
"The court accepts that he (Donnelly) and Detective Garda Fahy are discredited as witnesses," Mr Justice Barr said. The case resumes today.
TWO gardai who questioned the only man to be charged in connection with the Omagh bombing took part in a "patent falsification" of interview notes with him, a court ruled yesterday.
Dublin's Special Criminal Court ruled that detectives Liam Donnelly and John Fahy inserted "a demonstrable falsehood" into notes after interrogating 49-year-old Colm Murphy, from Dundalk, Co Louth, who is on trial for conspiracy to cause an explosion.
But the three-judge panel rejected a defence application to have the case dismissed.
The fact that just one interview was discredited and two officers committed the "outrageous" behaviour, did not discredit the entire prosecution case, presiding judge Mr Justice Barr said.
Father-of-four Murphy denies conspiracy to cause an explosion in the state or elsewhere, likely to cause loss of life or serious injury to property between August 13 and 16 1998.
Mr Justice Barr explained in the ruling that Detective Garda Donnelly inserted references to a woman named Sheila Grew, falsely claiming that Murphy accepted she was the sister of his wife.
Ms Grew was alleged to be associated with a republican terrorist known to police, the judge said. But when Detective Donnelly realised this was incorrect he had to rewrite the page.
"It is inconceivable that the accused would have confirmed a family relationship that did not exist.
"The court is satisfied that no such question had been put to him by Detective Garda Donnelly," the ruling said.
Mr Justice Barr concluded: "Detective Garda Donnelly was guilty of patent falsification."
He said Fahy, by then signing the tainted notes, was guilty of "persistent lying on oath".
"The court accepts that he (Donnelly) and Detective Garda Fahy are discredited as witnesses," Mr Justice Barr said. The case resumes today.
Further Information
Publisher: NEWS LETTER
Ref: NL/398
Published Date: 18-Nov-01
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