OMAGH TRIAL: DNA RULING
Omagh trial: DNA ruling
THE defence team of alleged Omagh bomber Sean Hoey are to be given all forensic material in his case, which will allow them to challenge the DNA evidence against him.
The agreement by the prosecution followed repeated warnings by Belfast Crown Court judge Mr Justice Weir that he may exclude the vital evidence if all forensic materials were not given to the defence.
The case against the 36-year-old electrician, from Molly Road in Jonesborough, south Armagh, primarily concerns forensic evidence.
He denies 58 charges, including the murders of 29 people as a result of the Real IRA bomb attack in Omagh in August 1998.
Prosecution lawyer Neil Connor said yesterday that all material from the Forensic Science Service in Birmingham will be made available to the defence on "a rolling basis", but that all of it should be in his hands by July.
However, Mr Connor initially told the non-jury Diplock court that, while "broadly speaking" the material sought by the defence should be disclosed, the FSS had concerns about certain aspects of the material being sought.
The Crown lawyer also said that they could not disclose all of the material as it was not necessarily in the hands of the prosecution but in the hands of the FSS, a third party.
Mr Justice Weir said the prosecution could not "take shelter behind some third party immunity".
He warned again that he was "not going to allow anyone to give evidence before me about material that is being denied to the other side".
THE defence team of alleged Omagh bomber Sean Hoey are to be given all forensic material in his case, which will allow them to challenge the DNA evidence against him.
The agreement by the prosecution followed repeated warnings by Belfast Crown Court judge Mr Justice Weir that he may exclude the vital evidence if all forensic materials were not given to the defence.
The case against the 36-year-old electrician, from Molly Road in Jonesborough, south Armagh, primarily concerns forensic evidence.
He denies 58 charges, including the murders of 29 people as a result of the Real IRA bomb attack in Omagh in August 1998.
Prosecution lawyer Neil Connor said yesterday that all material from the Forensic Science Service in Birmingham will be made available to the defence on "a rolling basis", but that all of it should be in his hands by July.
However, Mr Connor initially told the non-jury Diplock court that, while "broadly speaking" the material sought by the defence should be disclosed, the FSS had concerns about certain aspects of the material being sought.
The Crown lawyer also said that they could not disclose all of the material as it was not necessarily in the hands of the prosecution but in the hands of the FSS, a third party.
Mr Justice Weir said the prosecution could not "take shelter behind some third party immunity".
He warned again that he was "not going to allow anyone to give evidence before me about material that is being denied to the other side".
Further Information
Publisher: NEWS LETTER
Ref: NL/652
Published Date: 18-Jul-06
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