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Gardai move ' a blow to Omagh families'case'
BY GEMMA MURRAY
g. murray@newsletter. co. uk

RELATIVES of victims of the Omagh bomb have said it would be a "devastating blow" if gardai who investigated the 1998 Omagh bombing were not allowed to testify in a civil compensation action being taken by victims' families.
The chairman of the Omagh Victims' Group, Michael Gallagher, spoke out after it emerged the officers are not being allowed to testify following legal advice to Garda Commissioner Noel Conroy. Mr Conroy has been told that any evidence given might jeopardise continuing criminal investigations into the attack.
The civil case is being brought by Victor Barker whose 12-year-old son James was killed in the bomb.
He said he understood why gardai were not being allowed to testify, given that it could hamper any criminal investigations.
"This is probably why the civil action will have to be deferred further," he said.
"This is even though it is probably up to the judge and up to those people running the case.
"But it may well be the case that the action will have to be deferred further to accommodate all these issues.
"It makes it difficult for the relatives because it simply seems to drag on and on."
But Mr Gallagher, who lost his 21-year-old son, Aidan, in the blast, said the civil case would not now be before the courts for at least another year because of "more hold-ups, this time by the gardai".
The civil action was due to begin in April but has been placed on hold pending a verdict on Sean Hoey, from south Armagh, who stood trial for the attack. The case ended in January.
Five men believed to have been involved in the blast are being sued by the families of some of the victims in the civil action.
Convicted RIRA leader Michael McKevitt and four other people in the Republic - Seamus Daly, Seamus McKenna, Liam Campbell and Colm Murphy -are being sued by the families of those killed in the attack.
McKevitt is challenging his 20-year sentence imposed in the Republic for directing terrorism.
Mr Gallagher said that so far the gardai have co-operated with the lawyers taking the civil case and he could not understand the sudden change.
He said: "This could be a devastating blow to the civil action. At no stage in the past did the gardai say they would not co-operate.
"The gardai were actively cooperating with our lawyers and have given no indication that they would not cooperate in court."
Mr Gallagher said almost £2 million has been spent on the civil action to date .
"If the gardai pulled out of cooperating this would be an enormous waste of money and a great setback for all the victims.
"It seems ironic as these as the gardai are one of the agencies who constantly ask for the public's support - but then plan to deny to help us."
On August 15, 1998, a car bomb exploded in the centre of Omagh killing 29 people and unborn twins - the single greatest loss of life of the Troubles.
In addition, more than 200 people were injured.
The civil case the relatives are bringing requires a lower level of proof than the "beyond reasonable doubt" needed for a guilty verdict in a criminal trial.
A Garda source is quoted in the Sunday Times as saying: "If a detective took the stand in a civil case it would open up the possibility of being forced to answer questions about intelligence matters and informants. That will not be allowed to happen."
He said the force wanted to assist the Omagh families but the decision was taken on legal advice.