CORONER RULES MACKEY NOT TO BE CALLED
No evidential basis to call Mackey or bomb accused - coroner rules
THE chairman of the 32 Counties Sovereignty Committee, Mr. Francis Mackey, will not be called to give evidence at the inquest into the deaths of the 29 people and twins killed in the Omagh bombing.
Coroner, Mr. John Leckey, ruled on Friday that the application by the father of one of the bomb victims, Mr. Michael Gallagher, to have Mr. Mackey, and another man, Mr. Colm Murphy, called, was based on speculation without an evidential basis.
In his ruling, Mr. Leckey said that Mr. Gallagher, whose 21-year-old son, Adrian, died in the bombing, had presented him with his application at the preliminary hearing on August 30 at Omagh Courthouse.
He said Mr. Gallagher made an application that he should call Mr. Mackey and Mr. Murphy, as witnesses, and at that time indicated that he believed both men were involved in some way with what happened.
"I asked him to make a statement to the police setting out the basis on which he believed these men could give evidence relevant to the purposes of the inquest and what the nature of their evidence would be," Mr. Leckey said.
"As Mr. Gallagher had named these two men in the course of the inquest proceedings and had made allegations that each was connected in some way with the commission of a serious criminal offence, I decided that I was under a statutory obligation to implement the provisions of Rule 10 of the Coroner's (Practice and Procedure) Rules (NI) 1963.
"This rule provides: 'Any person whose conduct is likely in the opinion of the Coroner to be called in question at an inquest, shall, if not duly summoned to give evidence at the inquest, be given reasonable notice of the date, hour, and place at which the inquest will be held.'
Mr. Leckey said the rationale behind the rule was that principles of fairness dictated that anyone against whom allegations concerning the death have been made, should be given both the opportunity to give evidence on their own behalf and to hear what may be said against them at the Inquest.
No contact
"Accordingly, I thereupon arranged for the appropriate information to be given to Mr. Francis Mackey by an officer of the Royal Ulster Constabulary, and to Mr. Colm Murphy, who presently resides in the Republic of Ireland, by an officer of the Garda Siochana. Neither Mr. Mackey nor Mr. Murphy has made contact with me or my office at any time," Mr. Leckey told the hearing.
He continued: "Yesterday [Thursday] I was handed a copy of a fax which purports to have been issued on behalf of the (Irish) 32 County Sovereignty Committee. It states inter alia, that: 'Omagh Councillor, Francis Mackey the National Chair of the 32 County Sovereignty Movement, has been formerly [sic] notified that he will not be subpoenaed as a witness in the Omagh Inquest'."
Mr. Leckey said that no such notification was given by him or his office, or any police officer acting on his behalf. He added that he had not considered Mr. Gallagher's application until now.
He went on to reveal that Section 17 (1) of the Coroner's Act (Northern Ireland) 1959 provided: "Where a coroner proceeds to hold an inquest, whether with or without a jury, he may issue a summons for any witness whom he thinks necessary to attend such inquest at the time and place specified in the summons, for the purpose of giving evidence relative to such dead body and shall deliver or cause to be delivered all such summons to a constable who shall forthwith proceed to serve the same,"
Mr. Leckey said Section 17 (1) had to be read in conjunction with Rule 8 (1) of the 1963 Rules, which provide: "Except as provided in Rule 9 (2) the coroner may at his discretion examine on oath at an inquest any person summoned as a witness or any person tendering evidence and likely to have knowledge of the relevant facts".
Mr. Leckey told the Inquest: "I have carefully considered the statement of Mr. Gallagher and the material that accompanied it. From the contents it would seem that his application now relates to Mr. Mackey only.
"His statement contains allegations that a number of named individuals, including Mr. Mackey, are 'inextricably linked to the Real IRA. He further suggests that Mr. Mackey may be able to give evidence about those responsible for the bomb," Mr. Leckey said.
"This is speculation without an evidential basis. There is nothing before me which leads me to conclude that Mr. Mackey needs to be called to give evidence.
"Also, Mr. Gallagher asks that I should call Mr. Mackey to give evidence under oath as to his involvement with the Real IRA. This issue does not fall within the scope of this inquest. I would not consider such evidence relevant for the purposes of the inquest. For these reasons I am not willing to accede to Mr. Gallagher's application," Mr. Leckey added.
THE chairman of the 32 Counties Sovereignty Committee, Mr. Francis Mackey, will not be called to give evidence at the inquest into the deaths of the 29 people and twins killed in the Omagh bombing.
Coroner, Mr. John Leckey, ruled on Friday that the application by the father of one of the bomb victims, Mr. Michael Gallagher, to have Mr. Mackey, and another man, Mr. Colm Murphy, called, was based on speculation without an evidential basis.
In his ruling, Mr. Leckey said that Mr. Gallagher, whose 21-year-old son, Adrian, died in the bombing, had presented him with his application at the preliminary hearing on August 30 at Omagh Courthouse.
He said Mr. Gallagher made an application that he should call Mr. Mackey and Mr. Murphy, as witnesses, and at that time indicated that he believed both men were involved in some way with what happened.
"I asked him to make a statement to the police setting out the basis on which he believed these men could give evidence relevant to the purposes of the inquest and what the nature of their evidence would be," Mr. Leckey said.
"As Mr. Gallagher had named these two men in the course of the inquest proceedings and had made allegations that each was connected in some way with the commission of a serious criminal offence, I decided that I was under a statutory obligation to implement the provisions of Rule 10 of the Coroner's (Practice and Procedure) Rules (NI) 1963.
"This rule provides: 'Any person whose conduct is likely in the opinion of the Coroner to be called in question at an inquest, shall, if not duly summoned to give evidence at the inquest, be given reasonable notice of the date, hour, and place at which the inquest will be held.'
Mr. Leckey said the rationale behind the rule was that principles of fairness dictated that anyone against whom allegations concerning the death have been made, should be given both the opportunity to give evidence on their own behalf and to hear what may be said against them at the Inquest.
No contact
"Accordingly, I thereupon arranged for the appropriate information to be given to Mr. Francis Mackey by an officer of the Royal Ulster Constabulary, and to Mr. Colm Murphy, who presently resides in the Republic of Ireland, by an officer of the Garda Siochana. Neither Mr. Mackey nor Mr. Murphy has made contact with me or my office at any time," Mr. Leckey told the hearing.
He continued: "Yesterday [Thursday] I was handed a copy of a fax which purports to have been issued on behalf of the (Irish) 32 County Sovereignty Committee. It states inter alia, that: 'Omagh Councillor, Francis Mackey the National Chair of the 32 County Sovereignty Movement, has been formerly [sic] notified that he will not be subpoenaed as a witness in the Omagh Inquest'."
Mr. Leckey said that no such notification was given by him or his office, or any police officer acting on his behalf. He added that he had not considered Mr. Gallagher's application until now.
He went on to reveal that Section 17 (1) of the Coroner's Act (Northern Ireland) 1959 provided: "Where a coroner proceeds to hold an inquest, whether with or without a jury, he may issue a summons for any witness whom he thinks necessary to attend such inquest at the time and place specified in the summons, for the purpose of giving evidence relative to such dead body and shall deliver or cause to be delivered all such summons to a constable who shall forthwith proceed to serve the same,"
Mr. Leckey said Section 17 (1) had to be read in conjunction with Rule 8 (1) of the 1963 Rules, which provide: "Except as provided in Rule 9 (2) the coroner may at his discretion examine on oath at an inquest any person summoned as a witness or any person tendering evidence and likely to have knowledge of the relevant facts".
Mr. Leckey told the Inquest: "I have carefully considered the statement of Mr. Gallagher and the material that accompanied it. From the contents it would seem that his application now relates to Mr. Mackey only.
"His statement contains allegations that a number of named individuals, including Mr. Mackey, are 'inextricably linked to the Real IRA. He further suggests that Mr. Mackey may be able to give evidence about those responsible for the bomb," Mr. Leckey said.
"This is speculation without an evidential basis. There is nothing before me which leads me to conclude that Mr. Mackey needs to be called to give evidence.
"Also, Mr. Gallagher asks that I should call Mr. Mackey to give evidence under oath as to his involvement with the Real IRA. This issue does not fall within the scope of this inquest. I would not consider such evidence relevant for the purposes of the inquest. For these reasons I am not willing to accede to Mr. Gallagher's application," Mr. Leckey added.
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1523
Published Date: 14-Sep-00
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