ACCUSED 'SHOULD NOT FACE BOMBING TRIAL'
Accused 'should not face bombing trial'
ALLEGED Omagh bomber Sean Hoey should not stand trial for the atrocity as the Crown case against him "is not sustainable" his lawyer claimed yesterday.
Lodging a no bail application at Belfast Crown Court, defence lawyer Martin O'Rourke argued that the court should be satisfied "that the depositions and statements do not disclose a case sufficient to justify putting the defendant on trial".
Hoey, 36, of Molly Road, Jonesborough on the south Armagh border, faces a total of 58 charges relating to the August 1998 Omagh bomb massacre carried out by the Real IRA and a series of other terrorist strikes around the same period across Northern Ireland.
Mr O'Rourke claimed that in relation to the Crown case against Hoey in general they relied on the fact that his DNA profile was found on four devices which were of a similar make-up and construction to other bombs, including the Omagh car bomb.
He said that while the Crown view was that it shows Hoey having "an association and connection" with these devices, he argued that it does not necessarily follow that he made the devices.
The lawyer further claimed that to support the charges the Crown "need to go further and show that he did not just have an association but that he actually made the devices".
Turning to the Omagh bomb itself, he said the Crown viewed Hoey as a "secondary party" and that to bring home convictions against him the Crown would have to prove that Hoey knew the intention was to kill or inflict grievous bodily harm.
Mr O'Rourke said there was "no evidence that the principals intended to cause GBH or kill" adding that there were three telephone warnings given before the explosion and the intention could not be proved unless the Crown could show the warnings were "deliberately wrong or inaccurate".
The defence have finished their submissions and the prosecution will make their reply after the Easter break.
ALLEGED Omagh bomber Sean Hoey should not stand trial for the atrocity as the Crown case against him "is not sustainable" his lawyer claimed yesterday.
Lodging a no bail application at Belfast Crown Court, defence lawyer Martin O'Rourke argued that the court should be satisfied "that the depositions and statements do not disclose a case sufficient to justify putting the defendant on trial".
Hoey, 36, of Molly Road, Jonesborough on the south Armagh border, faces a total of 58 charges relating to the August 1998 Omagh bomb massacre carried out by the Real IRA and a series of other terrorist strikes around the same period across Northern Ireland.
Mr O'Rourke claimed that in relation to the Crown case against Hoey in general they relied on the fact that his DNA profile was found on four devices which were of a similar make-up and construction to other bombs, including the Omagh car bomb.
He said that while the Crown view was that it shows Hoey having "an association and connection" with these devices, he argued that it does not necessarily follow that he made the devices.
The lawyer further claimed that to support the charges the Crown "need to go further and show that he did not just have an association but that he actually made the devices".
Turning to the Omagh bomb itself, he said the Crown viewed Hoey as a "secondary party" and that to bring home convictions against him the Crown would have to prove that Hoey knew the intention was to kill or inflict grievous bodily harm.
Mr O'Rourke said there was "no evidence that the principals intended to cause GBH or kill" adding that there were three telephone warnings given before the explosion and the intention could not be proved unless the Crown could show the warnings were "deliberately wrong or inaccurate".
The defence have finished their submissions and the prosecution will make their reply after the Easter break.
Further Information
Publisher: NEWS LETTER
Ref: NL/646
Published Date: 07-Apr-06
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