TC/1779

Convicted Omagh bomber granted retrial
DUBLIN APPEAL COURT DESCRIBE CONVICTION AS 'UNSAFE'

APPEAL court judges in Dublin have quashed the conviction of the only man charged in connection with the Omagh bomb.
Colm Murphy (52) from Ravensdale, Co Louth, will be freed pending a retrial subject to stringent bail conditions, including lodging sureties totalling 120,000 Euro (£83,500), Dublin's Court of Criminal Appeal ruled.
Murphy was jailed in 2002 at the Special Criminal Court for conspiring to cause the Real IRA explosion in August 1998.
His original trial found he had lent his mobile phone and another phone to the gang who planted the Omagh bomb, knowing it would be used for moving bombs. But the three Appeal Court judges supported his defence team's claim that the conviction was unsafe and ordered a retrial.
Murphy, who was dressed in a crumpled zip-up jacket and checked shirt, showed no emotion as the verdict was delivered.
Mr Justice Nicholas Kearns, presiding, said the first ground to uphold the appeal was the Special Criminal Court's approach to the alteration of garda interview notes and the evidence given by two Garda officers in the original trial, who were subsequently charged with perjury.
He said the second ground was the Special Criminal Court's invasion of Murphy's presumption of innocence by having regard to his previous convictions. He said all the other 43 grounds submitted by Murphy's lawyers had been rejected.
Senior counsel Michael O'Higgins, representing Murphy, applied for bail on his behalf, a move which was not opposed by the state.
Mr Justice Kearns imposed a requirement of a 50,000 euro (about £35,000) cash deposit and two independent sureties of 35,000 Euro (about £21,000).
He also ordered that Murphy surrender his passport, report daily to Dundalk Garda station and provide the address at which he will be residing.
Mr O'Higgins said Murphy's personal circumstances had altered very radically since he was convicted in 2002.
"He was a builder then...literally, in 24 hours his business ground to a halt. He was financially ruined by it," he said.
Mr O'Higgins said the state had opposed the granting of legal aid to Murphy during the 2002 trial and that as a result he would be considering bringing an application for costs against the state.
Mr Justice Kearns said he would have the opportunity to do so when the court sat again tomorrow (Friday).
After the hearing Murphy's sister Angela Reilly and another young woman approached the defendant in the courtroom.
Murphy was then led away in handcuffs by six gardai to await an army patrol to bring him back to Portlaoise Prison, where he will stay until the bail requirements are met.
Speaking afterwards, Ms Reilly said: "We are relieved. It's been a terrible time for us all."
She added: "He is doing okay, better than three years ago when justice wasn't served."
His solicitor, Michael Farrell, said: "The judgment speaks for itself."
Irish justice minister Michael McDowell said he would study the decision of the Court of Criminal Appeal but it was not appropriate to comment while two separate criminal proceedings were pending.