JUDICIAL REVIEW APPLICATION INTO OMBUDSMAN'S BOMB REPORT IS GRANTED
Judicial review application into Ombudsman's bomb report is granted
AN APPLICATION for a judicial review of the Police Ombudsman's report into the Omagh bomb investigation has been granted in the High Court.
The application is being taken by the Police Association, which represents officers within the PSNI.
In what has been described as a unique move, the PSNI's three staff associations have united to bring the action.
They say the principal ground for the challenge is procedural unfairness, and is based on affidavits by the Chief Constable, Sir Ronnie Flanagan, and one of his assistants, Raymond White. Both were singled out for specific criticism in Mrs Nuala O'Loan's report.
Counsel for the Police Association told the High Court the report contained significant condemnations of the judgments, skills and professional ability of senior officers and factual errors and inaccuracies meant it was severely contaminated.
The move was opposed by counsel for the Ombudsman, who said there was undue delay in bringing it. He also challenged the standing of the Police Association.
But Mr Justice Kerr granted leave for the judicial review, though emphasised he was not forecasting the ultimate outcome.
He said he was satisfied there was an arguable case that those affected by the report were not given sufficient opportunity to consider and respond to the allegations.
And an application by Lawrence Rush, whose wife Libbi was one of the 29 people killed in the August 1998 atrocity, to become a 'notice party'; to the case was deferred.
The hearing was adjourned until April 22.
AN APPLICATION for a judicial review of the Police Ombudsman's report into the Omagh bomb investigation has been granted in the High Court.
The application is being taken by the Police Association, which represents officers within the PSNI.
In what has been described as a unique move, the PSNI's three staff associations have united to bring the action.
They say the principal ground for the challenge is procedural unfairness, and is based on affidavits by the Chief Constable, Sir Ronnie Flanagan, and one of his assistants, Raymond White. Both were singled out for specific criticism in Mrs Nuala O'Loan's report.
Counsel for the Police Association told the High Court the report contained significant condemnations of the judgments, skills and professional ability of senior officers and factual errors and inaccuracies meant it was severely contaminated.
The move was opposed by counsel for the Ombudsman, who said there was undue delay in bringing it. He also challenged the standing of the Police Association.
But Mr Justice Kerr granted leave for the judicial review, though emphasised he was not forecasting the ultimate outcome.
He said he was satisfied there was an arguable case that those affected by the report were not given sufficient opportunity to consider and respond to the allegations.
And an application by Lawrence Rush, whose wife Libbi was one of the 29 people killed in the August 1998 atrocity, to become a 'notice party'; to the case was deferred.
The hearing was adjourned until April 22.
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1035
Published Date: 28-Mar-02
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