TC/1693

OMAGH BOMB CIVIL CASE KEY WITNESS FEARS FOR LIFE

Omagh bomb civil case key witness fears for life

Landmark action opening hailed 'important step in fight for justice'
THE FBI spy testifying in a �10 million court action against the Omagh bomb suspects wants to give evidence from America to protect his life, it has emerged.
David Rupert, the US trucking company boss who infiltrated the Real IRA, has agreed to aid victims' relatives in their unprecedented attempt to sue convicted terrorists.
His account was crucial in securing the conviction in Dublin last year of dissident republican mastermind Michael McKevitt - one of the five men named in the writ.
But a lawyer for the families told Belfast High Court how authorities in the Republic were put under intense strain to keep the informer safe.
Lord Brennan QC said: "David Rupert's involvement in that trial led to the most elaborate security measures which represented a great strain on security personnel services.
"It cost a great deal of money but most important of all it was required to protect the life of David Rupert.
"We will make an application at an appropriate time for David Rupert to give evidence by way of video-link between the United States and this court."
The barrister revealed his plans at a preliminary hearing to set out a timetable for the landmark action against the men allegedly behind the attack that claimed the lives of 29 people and unborn twins.
Hundreds more were injured when the Real IRA set off a massive car bomb in the centre of the Omagh on August 15, 1998.
But relatives of some of the dead are attempting to sue McKevitt, Seamus Daly, Seamus McKenna, Liam Campbell and Colm Murphy.
Although the action is being taken privately, the British government has provided �800,000 towards the estimated �1.5 million costs.
Lawyers for three of the men, McKevitt, Campbell and McKenna, appeared in court to defend the case.
Gravity
As the Omagh families packed the public gallery, Lord Brennan stressed the huge damages being sought reflected the gravity of the alleged offences.
"This wrongdoing is represented by determined terrorism representing an utter disregard for human life," he said.
Both McKevitt and Campbell have lodged denials to any involvement, he told the court.
Referring to the latter's rebuttal the barrister added: "Surprisingly there was an additional denial that the Omagh bombing involved the Real IRA."
Both of the suspects, along with Daly and Murphy the only one to be convicted in connection with the Omagh bombing are already serving sentences in the Republic for Real IRA membership.
Solicitors acting for the victims' group served writs on each of the five suspects in 2002. Even though not all of those named on the writ have lodged any defence Lord Brennan vowed to cross the border if necessary.
He said: "It's the intention of the families to pursue these defendants relentlessly. In doing that they may have to invoke the assistance of the Brussels Convention and seek to influence a judgement in other jurisdictions."
But lawyers representing the men who did respond claimed their case had been seriously undermined by the denial of legal aid.
After the hour-long hearing Mr Justice Higgins agreed to set a provisional date of January 17 next year for the full hearing to begin. The case will be reviewed in June to clarify the legal aid situation.
Outside the court Michael Gallagher, whose son, Aiden, was among those killed, described the hearing as an important step in the families' fight for justice.
Insisting the case was not about money, he said: "After a three-year battle, we are now at court and on the way to a trial.
"We promised our loved ones and supporters that we would not falter in pursuing this matter to the end now the end is clearly in our sights." -
Mr Gallagher, who read a statement from the victims' group, also paid tribute to Mr Rupert's decision to come forward.
Brave man
He said: "We wish to thank a brave man across the water in the USA called David Rupert who, despite grave risk to his own life and armed only with the truth, has unselfishly come forward and agreed to stand with us in our fight for justice."
Urging both the PSNI and the Garda to' lend their support and co-operate fully with the families' lawyers, Mr Gallagher added that the British and Irish governments could "learn something" from the way Spanish authorities dealt with the Madrid bombing.
"Three weeks ago, the Spanish government made a statement saying that all the main participants in the Madrid bombing were either dead or behind bars.
"We have to remember the Spanish government knew nothing about those involved prior to the bombing.
"In context with Omagh, where books have been written about the suspects, it proves we have a lot to learn," he added.

Further Information

Publisher: TYRONE CONSTITUTION

Ref: TC/1693

Published Date: 29-Apr-04

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