TC/1578

Panorama names four Omagh Bomb suspects
By: Olga Bradshaw

ELEVENTH hour efforts to prevent BBC programmers from screening a Panorama special on the Omagh bombing failed on Monday, and the programme went ahead as scheduled.
The Northern Ireland Human Rights Commission tried to block the documentary from being screened, but at the High Court their application was thrown out by Mr. Justice Kerr, who found in favour of the television company an hour-and-a-half before the programme was due to go on air.
The programme named four men interviewed but never charged in relation to the Omagh bombing. The decision to name them and film or attempt to film them divided opinion locally as to whether the programme makers were right.
Moreover, there were those who felt that the screening of the programme just four days after the close of the Inquest into the deaths of those killed in the bombing, was insensitive to the needs of the people here and displayed a lack of sympathy.
The Commission was concerned that the naming of four people in the programme might prejudice any future trials of those arrested in connection with the atrocity the worst single event in the 30-year history of the Province's 'Troubles'.
The programme, said to have taken months to prepare, included reconstructions of the likely route taken by the bomb car. It claimed that mobile telephones linked to named individuals had been used along. the bomb route and in Omagh. It suggested that the use of the phones was consistent with the practices bombers would have employed.
Finding in favour of the programme makers, Mr. Justice Kerr said that there was no reason to support that criminal proceedings against any of those taking part in the programme would be stayed.
He said that the relevant sections of the Human Rights Act, which the Commission argued meant the court should err on the side of the person, but in this instance it showed that the balance fell firmly in favour of the broadcaster.
The Commission's attempt to have the programme taken off the air was the second application to be made in respect of the broadcast.
On Friday of last week the Belfast High Court rejected an application by Mr. Laurence Rush, whose wife died in the bombing.
Mr. Rush had asked the attorney general to take up the case, but yesterday Lord Williams refused because the law on contempt of court applied only once people were charged with a crime, and to date no one had been charged in Britain or Northern Ireland with the bombing.
Speaking at Monday's application, Mrs. Karen Quinliven, for the Commission, said that identification could damage police investigations and she said there were also implications for the personal safety and right to life of those named. She also argued the right of all people to be protected from trial by media.
During her submission she produced a letter from the RUC chief constable, Sir Ronnie Flanagan, in which he said he wanted to ensure that no material would be used which would or might be likely to have an adverse affect on future prosecutions.
Countering, the BBC argued that since those named lived in the Republic of Ireland, they were beyond the jurisdiction of the court and the Commission.
Mr.Ben Stephens, QC, who appeared for the Corporation, said that there was no chance of an upset to fair trial.
"The Human Rights Commission has taken on itself to protect individuals outside its jurisdiction," he said.
Frightened
In the programme the BBC claimed that eyewitnesses had given evidence to the police as to who was using the mobile telephones, but that they were too frightened to give evidence.
Reporter, John Ware, a former senior journalist with the Sun newspaper, confronted the men and attempted to quiz them about their movements on the day of the atrocity.
He and his team tracked down and confronted the men at their homes in the border area of the Republic, but all refused to answer his questions.
The unedited photograph the RUC used in its follow-up investigation was also shown - it included a person with a child on their shoulders mere feet away from the bomb car minutes before it exploded.
Among those to be interviewed for the programme were the RUC chief constable, who said that the police investigation on both sides of the border had created an accurate profile of the incident.
However, Panorama revealed that, despite the police having a wealth of circumstantial evidence against those involved, no prosecution had taken place as there was insufficient 'hard' evidence.
However, the RUC chief pledged that the police would never give up in their quest to prong those responsible to justice. "There must be a whole range of people - associates, even friends, people shocked to the core by this atrocity, who have vita! pieces of evidence of information as to the activities of those who were actually involved," he said.
"These people, if given encouragement, might just exercise their judgement properly and come forward to us or the Garda," he said.
As reaction to the programme got underway, Ulster Unionist Party security spokesman, Mr. Ken Maginnis, described it as "well constructed", and he branded the Human Rights Commission's bid to have the programme taken off air as "scandalous".
Local Unionist politician, Mr. Oliver Gibson, who lost a relative in the bombing, said that he hoped the show would force the authorities to act. He added that the relatives were owed a proper trial.
Meanwhile, West Tyrone Assemblyman, Mr. Joe Byrne, said that the Omagh bombers must be brought to justice.
He called on both governments to continue their efforts to bring to justice those responsible for the Omagh bomb and appealed to anyone with any information to pass it on to the relevant authorities.
"The Panorama programme was a very chilling and graphic reminder of the horror and pain of the Omagh bomb.
"The programme makers have focused on some people who they alleged were associated with the Omagh bombing. However, only one person has ever been charged, which many people find unsatisfactory and disturbing. Some people have questioned the commitment of the government authorities, north and south, to determinedly apprehend those dissident republicans or otherwise who may have been associated with the Omagh atrocity," he said.
Mr. Byrne went on to say that many people had found it difficult to comprehend that no one had come forward to give relevant information to the police or garda relating to any circumstantial or material evidence connected to the Omagh bombing.
"I personally believe that anyone who has any information about this atrocity should be prepared in the public interest to give it to the police, both north and south. The Omagh bomb, after all, occurred when peace had largely been agreed following the signing of the Good Friday Agreement," he said.
Mr. Byrne went on to appeal to both governments to continue their efforts to apprehend and bring to court those responsible.
"The healing process for the people of Omagh would be helped if those responsible were brought to justice," he said.
Among the bereaved to back the BBC's decision to make the programme was Mr. Michael Gallagher, whose son, Adrian, died in the blast. Mr. Gallagher also took part in the programme, as did Mrs. Marion Radford, whose teenage son, Alan died, and Mr. Kevin Skelton whose wife, Mena, was among the dead.
Mr. Gallagher, who is also chairman of the Self-Help and Support Group set up in the aftermath of the bombing, commented: "Nobody has been put on trial tonight. People are simply being asked to explain their movements on the day of the bomb.
"Given the size and severity of the atrocity, I would have thought that any reasonable person would want to co-operate with the police and clear their name.
"If it does jog someone's memory or conscience than the programme will do a good job," he said.
Also making the decision to take part and give the programme makers her support was the mother or Oran Doherty, Mrs. Bernadette Doherty, who told the interviewers that she felt from looking at her son's face that he looked as if he had been crying when he died.
However, there are others who are bereaved or injured or who are related to those that are, who did not agree with the programme, and fear it could hinder the police investigation.
One of those against the programme was Mr. Laurence Rush, whose wife, Libbi, died.
"I might never get justice for my wife Libbi now. This is a disaster for my family and for Northern Ireland. Trial by media is dangerous. An innocent person could be blamed and a guilty one gets off," he said.
Also against the programme was the father of bomb survivor and Omagh ambassador, Mrs. Donna-Marie McGillion. Mr. Malachy Keyes described the BBC as "totally insensitive" to the needs of the people of Omagh, and he described their actions as "utterly irresponsible".
He said the timing for the naming and the programme was all wrong as it came so close to the end of the Inquest, and he slammed the programme makers as showing no sympathy or understanding.
The Irish premiere, Mr. Bertie Ahern, also said he disagreed with the programme.
"Bandying around names on television programmes won't help to convict them," he said.
Since the scheduling of the programme a BBC spokesman has commented: "Many of the victims' ' relatives clearly wanted the programme to be broadcast. They and many others hope that the transmission will help bring to justice those responsible for the Omagh atrocity."

Publisher: TYRONE CONSTITUTION

Ref: TC/1578

Published Date: 12-Oct-00