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Omagh man's conviction collapses
Victims' families stunned at overturned sentence

A CROSS-BORDER public inquiry is the only hope of getting to the truth behind the Omagh bombing, victims' families said last night after the only man jailed in connection with the attack had his conviction quashed.
Colm Murphy, 52, from Ravensdale, Co Louth, will be freed pending a retrial subject to stringent bail conditions, including lodging sureties totalling 120,000 euro (£83,500), Dublin's Court of Criminal Appeal ruled.
Michael Gallagher, whose son Aidan was killed in the explosion, said distraught relatives now felt like they were back to square one as no-one had been brought to justice in the six-and-a-half years since the Real IRA attack devastated the Co Tyrone town, killing 29 people including a woman pregnant with unborn twins.
"We sat through a lot of that trial and we felt glad walking out that someone was convicted for their part in the deaths of our loved ones," he said.
"Now we have to face all that again. It is like being back at the bottom of a hill. There must be questions that the court service, the government and the gardai have to answer.
"It seems only a full public cross-border public inquiry will uncover the truth."
Murphy was jailed in 2002 at the Special Criminal Court for conspiring to cause the Real IRA explosion in August 1998.
His original trial found he had knowingly lent his own mobile phone, and another phone, to the gang who planted the Omagh bomb.
But the Appeal Court judges supported his defence team's claim that the conviction was unsafe and ordered a retrial.
Murphy showed no emotion as the verdict was delivered.
Mr Justice Nicholas Kearns, presiding, said the first ground to uphold the appeal was the Special Criminal Court's approach to the alteration of Garda interview notes and the evidence given by two Garda officers in the original trial who were subsequently charged with perjury.
He said the second ground was the Special Criminal Court's invasion of Murphy's presumption of innocence by having regard to his previous convictions. He said all the other 43 grounds submitted by Murphy's lawyers had been rejected.
Senior counsel Michael O'Higgins, representing Murphy, applied for bail on his behalf, a move which was not opposed by the state.
Mr Justice Kearns imposed a requirement of a 50,000 euro (£35,000) cash deposit and two independent sureties of 35,000 euro (£21,000).
He also ordered that Murphy surrender his passport, report daily to Dundalk Garda station and provide the address at which he will be residing.
After the hearing, Murphy's sister, Angela Reilly, approached the defendant in the courtroom.
Murphy was led away in handcuffs to await an army patrol to bring him back to Portlaoise Prison, where he will stay until the bail requirements are met.
Speaking afterwards, Ms Reilly said: "We are relieved. It's been a terrible time for us all.
"He is doing okay, better than three years ago when justice wasn't served."
Mr O'Higgins said Murphy's personal circumstances had altered since his 2002 conviction: "He was a builder then. In 24 hours his business ground to a halt and he was financially ruined."
Mr O'Higgins said the state had opposed the granting of legal aid to Murphy during the 2002 trial and he would be considering bringing an application for costs against the state.
Mr Kearns said he would have the opportunity to do so when the court sat again next Friday.
His solicitor, Michael Farrell, said: "The judgment speaks for itself."
Irish Justice Minister Michael McDowell said he would study the. decision of the Court of Criminal Appeal, but would not comment while two separate criminal proceedings were pending.
Michael Gallagher summed up the feeling of shock felt by the families of the deceased: "We were always aware that you're at the mercy of the courts but we never expected this.
"The only person convicted has won his appeal, so now not one person has been held accountable for an atrocity which claimed the lives of 31 people.
"What sort of message does that send out, when we can accept that number of people can be murdered and no-one can be brought to justice?"

Gardai to be charged with perjury
TWO Garda detectives accused of lying on oath during the trial of Colm Murphy will be tried in the Dublin Circuit Criminal Court, it emerged yesterday.
Detective Garda John Fahy and Detective Garda Liam Donnelly are charged with falsely swearing evidence in the Special Criminal Court which saw Murphy sentenced to 14 years in prison.
Judge John Coughlan yesterday ordered that the detectives appear in the Circuit Criminal Court where a trial date will be set.
The detectives were one of three teams to question Murphy over the 1998 atrocity.