OPENING STATEMENT BY THE CORONER
Opening statement by the Coroner
"SHORTLY after 3.00 p.m. on Saturday, August 15, 1998 a car bomb exploded in Market Street, Omagh.
"It was a fine summer day and Market Street was thronged with shoppers.
"About half an hour earlier the first of three telephone calls was received warning that a bomb was due to go off in Omagh. The police were in the course of clearing Market Street when the bomb exploded.
"As a consequence of the explosion 29 persons died, including a 30-year-old woman who was about 34 weeks pregnant and expecting twin girls. The unborn twin girls also died as a result of the bomb explosion.
"Who could deny that the true number of fatalities was in reality 31? Over 300 people were injured, some very seriously. Families were devastated. The horrific nature of the atrocity left many people, not just the injured, deeply traumatised and some still require professional help.
"I understand that for some the mental scars will never heal. The true number of casualties and the word 'casualties' deserves to have a generous interpretation from the Omagh bomb explosion is, without doubt, far in excess of the number killed and injured and the exact number may never be known.
"The hearing of the inquests into the deaths of the 29 deceased, which start today, will be a harrowing time for their families and, inevitably, it will resurrect many sad and unpleasant memories.
"I am very conscious of the fact that for many families Omagh Leisure Complex will forever be associated with this dreadful event, and it cannot be easy to have to return to the Minor Hall at the Complex to participate in the Inquest hearings.
"A number of possible venues in Omagh town and the surrounding area were considered but, with the exception of the Minor Hall, none was considered suitable. My strong wish was that the inquest should take place in Omagh rather than elsewhere, for example Belfast.
"I am sure that was the wish of the families also. I hope very much that the facilities provided here by Northern Ireland Court Service for the families and the fact that the Minor Hall has been transformed into a courtroom will make a difference.
"The scale of the atrocity means that inevitably the hearing will be prolonged and I anticipate that it may last in the region of four weeks. Understandably, these inquests have generated considerable international media interest.
"Two of those who died were from Spain, one from England and two from the Republic of Ireland underlining the fact that the atrocity had an international dimension. I am sure the media are conscious of the fact that each of the bereaved families has suffered a profound tragedy and will report the proceedings sensitively.
"It has been made known to me that for many families the holding of these inquests, with the accompanying media attention, is another cross they have to bear.
Familiar
"Not everyone present today will be familiar with inquest proceedings and their purpose. Because of that I propose briefly to say something about the purpose of an inquest by way of explanation.
"It has been said that whilst an inquest is an inquiry in public into the circumstances of an unnatural death, it is not a Public Inquiry. A Public Inquiry works to terms of reference drafted specifically to address the particular issues under consideration.
"Neither is it a criminal trial nor a civil action. Rather it is a form of inquisitorial procedure the aim of which is to establish certain categories of information: who the deceased was, how, when and where the deceased came by his death; and the particulars required for the death to be registered.
"Therefore, the parameters of an inquest are limited and I must emphasise that the role of an Inquest is a fact-finding one only. Indeed, the Coroners' legislation in Northern Ireland prohibits the coroner expressing "any opinion on questions of criminal or civil liability."
"At first glance the categories of information I have mentioned appear uncomplicated. However, in the past establishing 'how the deceased came by his death' did create difficulties for coroners.
"In one recent leading case in England and Wales (Ex parte Jamieson), which was concerned with a number of issues relating to coroners' law and practice and which has been followed in Northern Ireland, Sir Thomas Bingham MR (as he then was), stated that the word 'how' means 'by what means' rather than 'in what broad circumstances' and that 'The enquiry must focus on matters directly causative of death'. By way of emphasising the limits of a coroner's inquest he went on to say:
'"It should not embark on a wider enquiry relating to the background circumstances of the death; it is not its function to provide the answers to all the questions relating to the death which the next of kin may wish to raise.'
"Our legislation provides nothing comparable to the range of 'verdicts' (so-called) currently available in England and Wales. Our equivalent is known as a 'finding' which has been defined as a concise statement of the facts surrounding the death or, to put it another way, a brief, neutral, factual statement. It should contain no comment on matters of criminal or civil liability or on the apportionment of guilt or the attribution of blame.
"It has been recognised that in the course of an inquest hearing facts bearing on criminal and civil liability may be explored - the circumstances of the death may make that inevitable.
"What is important is that the 'finding' should not contain any comment that appears to make any determination on those issues.
Having said that, an inquest is not a formality or rubber stamping exercise. Sir Thomas Bingham also said: "It is the duty of the coroner as the public official responsible for the conduct of inquests, whether he is sitting with a jury or without, to ensure that the relevant facts are fully, fairly and fearlessly investigated ... He must ensure that the relevant facts are exposed to public scrutiny, particularly if there is evidence of foul play, abuse or inhumanity. He fails in his duty if his investigation is superficial, slipshod or perfunctory. But the responsibility is his. He must set the bounds of his enquiry. He must rule on the procedure to be followed. His decisions, like those of any other judicial officer, must be respected unless and until they are varied or overruled.'
"That is an important statement of what my duty is and it is one to which I will pay due regard.
"I am not sitting with a jury. There is no statutory requirement that I do so and, whilst I have a discretionary power enabling me to sit with a jury if I wish to, I have decided not to exercise my discretion in that way.
"In some inquests a coroner will decide that the interests of justice are best served by sitting with a jury, but I have decided that the circumstances of these deaths do not require this.
'"Properly interested persons' may examine witnesses either in person or by their legal representative. The term 'properly interested person' does not have a statutory definition in our legislation. Coronial practice in Northern Ireland, by and large, mirrors the statutory position in England and Wales, so a parent, child, spouse and any personal representative of the deceased would be considered a 'properly interested person.'
"Beyond that a coroner would have a discretion as to who would come within the meaning of that phrase. There is legal authority for the proposition that the phrase can cover a variety of concerns about or resulting from the circumstances in which the death occurred, but that the coroner may need to be satisfied that the concern of the person seeking to intervene is one genuinely directed to the proper scope of the inquest.
"I hope this brief summary of the legal background will be helpful and I do not propose to make any further comment on the law at this stage.
"Mrs. Gemma Loughran, Barrister at Law, and Mr. Richard Bullick, Barrister at Law, will be presenting the evidence on my behalf. Each witness will give evidence under oath or following affirmation. Once I have asked any questions I consider relevant, each legal representative in turn then will have an opportunity to ask questions. Any properly interested person not legally represented will have a similar opportunity.
"When each witness has concluded giving evidence, a transcript of their evidence will be signed by both the witness and myself."
"SHORTLY after 3.00 p.m. on Saturday, August 15, 1998 a car bomb exploded in Market Street, Omagh.
"It was a fine summer day and Market Street was thronged with shoppers.
"About half an hour earlier the first of three telephone calls was received warning that a bomb was due to go off in Omagh. The police were in the course of clearing Market Street when the bomb exploded.
"As a consequence of the explosion 29 persons died, including a 30-year-old woman who was about 34 weeks pregnant and expecting twin girls. The unborn twin girls also died as a result of the bomb explosion.
"Who could deny that the true number of fatalities was in reality 31? Over 300 people were injured, some very seriously. Families were devastated. The horrific nature of the atrocity left many people, not just the injured, deeply traumatised and some still require professional help.
"I understand that for some the mental scars will never heal. The true number of casualties and the word 'casualties' deserves to have a generous interpretation from the Omagh bomb explosion is, without doubt, far in excess of the number killed and injured and the exact number may never be known.
"The hearing of the inquests into the deaths of the 29 deceased, which start today, will be a harrowing time for their families and, inevitably, it will resurrect many sad and unpleasant memories.
"I am very conscious of the fact that for many families Omagh Leisure Complex will forever be associated with this dreadful event, and it cannot be easy to have to return to the Minor Hall at the Complex to participate in the Inquest hearings.
"A number of possible venues in Omagh town and the surrounding area were considered but, with the exception of the Minor Hall, none was considered suitable. My strong wish was that the inquest should take place in Omagh rather than elsewhere, for example Belfast.
"I am sure that was the wish of the families also. I hope very much that the facilities provided here by Northern Ireland Court Service for the families and the fact that the Minor Hall has been transformed into a courtroom will make a difference.
"The scale of the atrocity means that inevitably the hearing will be prolonged and I anticipate that it may last in the region of four weeks. Understandably, these inquests have generated considerable international media interest.
"Two of those who died were from Spain, one from England and two from the Republic of Ireland underlining the fact that the atrocity had an international dimension. I am sure the media are conscious of the fact that each of the bereaved families has suffered a profound tragedy and will report the proceedings sensitively.
"It has been made known to me that for many families the holding of these inquests, with the accompanying media attention, is another cross they have to bear.
Familiar
"Not everyone present today will be familiar with inquest proceedings and their purpose. Because of that I propose briefly to say something about the purpose of an inquest by way of explanation.
"It has been said that whilst an inquest is an inquiry in public into the circumstances of an unnatural death, it is not a Public Inquiry. A Public Inquiry works to terms of reference drafted specifically to address the particular issues under consideration.
"Neither is it a criminal trial nor a civil action. Rather it is a form of inquisitorial procedure the aim of which is to establish certain categories of information: who the deceased was, how, when and where the deceased came by his death; and the particulars required for the death to be registered.
"Therefore, the parameters of an inquest are limited and I must emphasise that the role of an Inquest is a fact-finding one only. Indeed, the Coroners' legislation in Northern Ireland prohibits the coroner expressing "any opinion on questions of criminal or civil liability."
"At first glance the categories of information I have mentioned appear uncomplicated. However, in the past establishing 'how the deceased came by his death' did create difficulties for coroners.
"In one recent leading case in England and Wales (Ex parte Jamieson), which was concerned with a number of issues relating to coroners' law and practice and which has been followed in Northern Ireland, Sir Thomas Bingham MR (as he then was), stated that the word 'how' means 'by what means' rather than 'in what broad circumstances' and that 'The enquiry must focus on matters directly causative of death'. By way of emphasising the limits of a coroner's inquest he went on to say:
'"It should not embark on a wider enquiry relating to the background circumstances of the death; it is not its function to provide the answers to all the questions relating to the death which the next of kin may wish to raise.'
"Our legislation provides nothing comparable to the range of 'verdicts' (so-called) currently available in England and Wales. Our equivalent is known as a 'finding' which has been defined as a concise statement of the facts surrounding the death or, to put it another way, a brief, neutral, factual statement. It should contain no comment on matters of criminal or civil liability or on the apportionment of guilt or the attribution of blame.
"It has been recognised that in the course of an inquest hearing facts bearing on criminal and civil liability may be explored - the circumstances of the death may make that inevitable.
"What is important is that the 'finding' should not contain any comment that appears to make any determination on those issues.
Having said that, an inquest is not a formality or rubber stamping exercise. Sir Thomas Bingham also said: "It is the duty of the coroner as the public official responsible for the conduct of inquests, whether he is sitting with a jury or without, to ensure that the relevant facts are fully, fairly and fearlessly investigated ... He must ensure that the relevant facts are exposed to public scrutiny, particularly if there is evidence of foul play, abuse or inhumanity. He fails in his duty if his investigation is superficial, slipshod or perfunctory. But the responsibility is his. He must set the bounds of his enquiry. He must rule on the procedure to be followed. His decisions, like those of any other judicial officer, must be respected unless and until they are varied or overruled.'
"That is an important statement of what my duty is and it is one to which I will pay due regard.
"I am not sitting with a jury. There is no statutory requirement that I do so and, whilst I have a discretionary power enabling me to sit with a jury if I wish to, I have decided not to exercise my discretion in that way.
"In some inquests a coroner will decide that the interests of justice are best served by sitting with a jury, but I have decided that the circumstances of these deaths do not require this.
'"Properly interested persons' may examine witnesses either in person or by their legal representative. The term 'properly interested person' does not have a statutory definition in our legislation. Coronial practice in Northern Ireland, by and large, mirrors the statutory position in England and Wales, so a parent, child, spouse and any personal representative of the deceased would be considered a 'properly interested person.'
"Beyond that a coroner would have a discretion as to who would come within the meaning of that phrase. There is legal authority for the proposition that the phrase can cover a variety of concerns about or resulting from the circumstances in which the death occurred, but that the coroner may need to be satisfied that the concern of the person seeking to intervene is one genuinely directed to the proper scope of the inquest.
"I hope this brief summary of the legal background will be helpful and I do not propose to make any further comment on the law at this stage.
"Mrs. Gemma Loughran, Barrister at Law, and Mr. Richard Bullick, Barrister at Law, will be presenting the evidence on my behalf. Each witness will give evidence under oath or following affirmation. Once I have asked any questions I consider relevant, each legal representative in turn then will have an opportunity to ask questions. Any properly interested person not legally represented will have a similar opportunity.
"When each witness has concluded giving evidence, a transcript of their evidence will be signed by both the witness and myself."
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1519
Published Date: 07-Sep-00
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