EVIDENCE WARNING IN OMAGH BOMBING CASE
Evidence warning in Omagh bombing case
BY STAFF REPORTER
THE judge at the trial of a man accused of the Omagh bombing warned prosecutors yesterday that he may exclude vital evidence if they do not cooperate with defence lawyers.
Mr Justice Weir, at Belfast High Court, said: "I am not going to allow ducks and drakes to be played with this. I have power to exclude evidence if proper facilities have not been afforded to the defence and I will have no hesitation in using that power."
The judge's comments followed an application by a lawyer for Sean Hoey, a 36-year-old electrician, from Molly Road, Jonesborough, south Armagh, who is charged with murdering 29 people on August 15,1998.
Solicitor Peter Corrigan said the case against Hoey was primarily forensic evidence and he asked the judge to order disclosure of electronic data relating to low copy DNA alleged to have been found on three bombs similar to the one used by the Real IRA in Omagh.
Mr Corrigan said the defence had instructed a forensic expert in America and he required the data to complete his report. An examination of the data could reveal deficiencies in the experimental control, he said, and could also reveal if there had been multiple results of a particular sample which could throw up inconsistencies and whether or not proper procedures and protocols had been applied.
"Most importantly, it could reveal that proper control samples were not taken and this could impact on the reliability of low copy DNA evidence," he said.
Crown barrister Neil Connor said they only became aware of the request for electronic data last Tuesday, and the forensic expert who carried out the tests in Birmingham had indicated that he wished to consult his superiors before agreeing to the results being handed over.
"At the moment we are not in a position to consent but we should know by Monday," he said.
Mr Justice Weir said he had previously made it clear that all preliminary matters should be dealt with well in advance of the trial.
He said:"Now I find in the middle of July this sort of nonsense and I am not going to put up with it."
Adjourning the application until Monday, the judge said: "I want this resolved by then."
He told Mr Connor: "You will bear in mind my remarks and I hope that is conveyed to the PPS. Responsibility for disclosure rests with the Prosecution Service and cannot be panned off on the police."
BY STAFF REPORTER
THE judge at the trial of a man accused of the Omagh bombing warned prosecutors yesterday that he may exclude vital evidence if they do not cooperate with defence lawyers.
Mr Justice Weir, at Belfast High Court, said: "I am not going to allow ducks and drakes to be played with this. I have power to exclude evidence if proper facilities have not been afforded to the defence and I will have no hesitation in using that power."
The judge's comments followed an application by a lawyer for Sean Hoey, a 36-year-old electrician, from Molly Road, Jonesborough, south Armagh, who is charged with murdering 29 people on August 15,1998.
Solicitor Peter Corrigan said the case against Hoey was primarily forensic evidence and he asked the judge to order disclosure of electronic data relating to low copy DNA alleged to have been found on three bombs similar to the one used by the Real IRA in Omagh.
Mr Corrigan said the defence had instructed a forensic expert in America and he required the data to complete his report. An examination of the data could reveal deficiencies in the experimental control, he said, and could also reveal if there had been multiple results of a particular sample which could throw up inconsistencies and whether or not proper procedures and protocols had been applied.
"Most importantly, it could reveal that proper control samples were not taken and this could impact on the reliability of low copy DNA evidence," he said.
Crown barrister Neil Connor said they only became aware of the request for electronic data last Tuesday, and the forensic expert who carried out the tests in Birmingham had indicated that he wished to consult his superiors before agreeing to the results being handed over.
"At the moment we are not in a position to consent but we should know by Monday," he said.
Mr Justice Weir said he had previously made it clear that all preliminary matters should be dealt with well in advance of the trial.
He said:"Now I find in the middle of July this sort of nonsense and I am not going to put up with it."
Adjourning the application until Monday, the judge said: "I want this resolved by then."
He told Mr Connor: "You will bear in mind my remarks and I hope that is conveyed to the PPS. Responsibility for disclosure rests with the Prosecution Service and cannot be panned off on the police."
Further Information
Publisher: NEWS LETTER
Ref: NL/651
Published Date: 15-Jul-06
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