CASE AGAINST OMAGH ACCUSED 'WILL COLLAPSE'
Case against Omagh accused 'will collapse'
THE case against a man accused of murdering 29 people in the Omagh bomb massacre will collapse because there is no admissable evidence, a lawyer claimed in court yesterday.
Sean Hoey, a 35-year-old electrician, from Molly Road, Jonesborough, South Armagh, faces 61 terrorist and explosives charges including the Real IRA bombing in Omagh seven years ago.
A committal hearing is due to held on August 30 but Hoey's solicitor Peter Corrigan claimed the evidence against him was insufficient to warrant sending him for trial.
Mr Corrigan told Belfast Magistrates Court that during interviews it was put to Hoey that, because other bombs he is allegedly linked to were constructed in a similar way, he must have been the person who made the Omagh bomb.
"The prosecution case at its highest is that he may have constructed the device in Omagh and I emphasise the word may," he said.
"If the prosecution is saying that is forensic evidence, it has no probative value and would be ruled in-admissable because of the speculative nature of it."
He said that if the magistrate at the committal hearing was of the same view Hoey would not be sent for trial because the evidence against him had no probative value.
Yesterday's hearing had been adjourned from Wednesday for the prosecution to consider Mr Corrigan's application for a skeleton argument relating to the forensic evidence.
The prosecution lawyer said yesterday that no skeleton argument was being provided.
Mr Corrigan then applied for an adjournment to make a written legal submission that the evidence had not sufficient probative value to permit the case to proceed.
The hearing was adjourned until August 19.
THE case against a man accused of murdering 29 people in the Omagh bomb massacre will collapse because there is no admissable evidence, a lawyer claimed in court yesterday.
Sean Hoey, a 35-year-old electrician, from Molly Road, Jonesborough, South Armagh, faces 61 terrorist and explosives charges including the Real IRA bombing in Omagh seven years ago.
A committal hearing is due to held on August 30 but Hoey's solicitor Peter Corrigan claimed the evidence against him was insufficient to warrant sending him for trial.
Mr Corrigan told Belfast Magistrates Court that during interviews it was put to Hoey that, because other bombs he is allegedly linked to were constructed in a similar way, he must have been the person who made the Omagh bomb.
"The prosecution case at its highest is that he may have constructed the device in Omagh and I emphasise the word may," he said.
"If the prosecution is saying that is forensic evidence, it has no probative value and would be ruled in-admissable because of the speculative nature of it."
He said that if the magistrate at the committal hearing was of the same view Hoey would not be sent for trial because the evidence against him had no probative value.
Yesterday's hearing had been adjourned from Wednesday for the prosecution to consider Mr Corrigan's application for a skeleton argument relating to the forensic evidence.
The prosecution lawyer said yesterday that no skeleton argument was being provided.
Mr Corrigan then applied for an adjournment to make a written legal submission that the evidence had not sufficient probative value to permit the case to proceed.
The hearing was adjourned until August 19.
Further Information
Publisher: NEWS LETTER
Ref: NL/621
Published Date: 13-Aug-05
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