TC/0941

OMAGH SUSPECT'S ARREST WAS LAWFUL - JUDGE

Omagh suspect's arrest was lawful - Judge

THE JUDGE hearing the Special Criminal Court trial in Dublin of Colm Murphy, accused of conspiracy in connection with the Omagh bomb, has ruled that his arrest was lawful.
Murphy is the only person so far to be charged in connection with the atrocity, which claimed the lives of 29 men, women and children, and caused the deaths of unborn twin girls, in Omagh on August 15.
The Dublin court hearing found that Murphy's arrest was based on a sound legal founding. The ruling itself came after several days of lengthy legal argument in which Murphy's legal team argued that detectives had no justification to arrest and hold the 49-year-old father of four.
Murphy, who has two addresses, one of which is in Dundalk, Co. Louth, denies conspiring to cause an explosion within the state or elsewhere, likely to case loss of life or serious injury to property between August 13 and 16, 1998.
Mr. Justice Barr, heading up the Diplock-style court, which has no jury and three judges, said the court was satisfied that the arrest and detention of Murphy were lawful.
However, he went on to ban reporting on the reasoning behind the decision, which was read out in court.
Justice Barr said it would be 'unfair' if the evidence exposed in the ruling was reported which 'at the end of the day may not stand up to analysis'.
The restriction is the second in the case, and follows a restriction order imposed in mid-October banning journalists from reporting what was said during legal arguments.
On day 10 of the trial, the court was told that Murphy had admitted that the bombing of Omagh had been a disaster, and later learned that his mobile phone had been used in connection with the explosion.
The father of four, who is a building contractor and a publican, also allegedly told Gardai that when he heard about Omagh he "had a good idea" that it was his phone that had been used in connection with the bombing.

Further Information

Publisher: TYRONE CONSTITUTION

Ref: TC/0941

Published Date: 01-Nov-01

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