BOMB EXPERT'S CONCUSIONS RULED INADMISSIBLE
Bomb expert's conclusion ruled inadmissible in trial
THE judge in the Omagh bomb trial has ruled that a top forensic explosives expert's opinion - that the timer power units on a series of dissident republican bombs were built by the same person cannot be admitted as evidence in the hearing.
Mr Justice Weir, who is presiding over the trial of Sean Gerard Hoey (37), an electrician from Jonesborough, Co. Armagh, said that Dennis McAuley, who has more than 30 years' experience in the field, had no scientific basis for giving such evidence. Mr McAuley examined a number of bomb timers used in a series of attacks, including the Omagh bomb. Giving evidence last Thursday, he said there were similarities between the bomb timers used in those attacks that Hoey is accused of.
He focused particularly on the poor soldering and wiring of electric circuits inside the timer power units.
Mr Justice Weir said he accepted the expert's physical findings, but said his conclusions that the timers were made by the same person were based, in part, on guesswork.
The judge told Belfast Crown Court that he could "guess as well as he can, because I know as much as he does."
"Mr McAuley in my opinion brings nothing by way of expert opinion to the interpretation of these results. And I think I am as able as he to decide whether there is or not anything probative.
Therefore I decline to allow Mr McAuley to give an expert opinion as to the conclusions he thinks should be drawn from his findings," said the judge.
Earlier, defence QC, Orlando Pownall, said that while Mr McAuley's physical findings were not in dispute, his evidence did "not amount to a row of beans when it comes to indicating the authorship" of the bombs.
Gordon Kerr QC, who is leading the prosecution case, said the forensic scientist had decades of experience when it came to investigating explosions.
He argued that as an expert who had investigated more than 1,500 bombings, Mr McAuley was entitled "to express an opinion based on that examination as to the likelihood or otherwise of the maker".
However, Mr Justice Weir ruled his opinions in this case did not have weight.
Meanwhile, the High Court in Belfast has been told that an IRA double agent will seek witness protection over and above the normal level if he gives evidence in the Crown Court trial.
Kevin Fulton worked for police between 1993 and 1994, and again between 1996 and 2001. He is alleged to have given prior warning about the Omagh blast on five occasions between July and August 1998.
Hoey's defence team want to question Mr Fulton about his role in the bombing. They have a separate application before Mr Justice Weatherup for disclosure of documents from the Northern Ireland Police Ombudsman, Nuala O'Loan, who investigated Fulton's involvement in the Omagh case.
The Newry informant is said to be willing to give evidence in the Hoey trial provided his request for protection is granted. Martin O'Rourke, appearing at the High Court for Hoey, said he would do "anything the witness seeks to secure his attendance in court."
Hoey faces a total of 5 terrorist charges, all which he denies. Among them are 29 counts of murder in direct relation to the Omagh atrocity on August 15, 1998.
The trial continues.
THE judge in the Omagh bomb trial has ruled that a top forensic explosives expert's opinion - that the timer power units on a series of dissident republican bombs were built by the same person cannot be admitted as evidence in the hearing.
Mr Justice Weir, who is presiding over the trial of Sean Gerard Hoey (37), an electrician from Jonesborough, Co. Armagh, said that Dennis McAuley, who has more than 30 years' experience in the field, had no scientific basis for giving such evidence. Mr McAuley examined a number of bomb timers used in a series of attacks, including the Omagh bomb. Giving evidence last Thursday, he said there were similarities between the bomb timers used in those attacks that Hoey is accused of.
He focused particularly on the poor soldering and wiring of electric circuits inside the timer power units.
Mr Justice Weir said he accepted the expert's physical findings, but said his conclusions that the timers were made by the same person were based, in part, on guesswork.
The judge told Belfast Crown Court that he could "guess as well as he can, because I know as much as he does."
"Mr McAuley in my opinion brings nothing by way of expert opinion to the interpretation of these results. And I think I am as able as he to decide whether there is or not anything probative.
Therefore I decline to allow Mr McAuley to give an expert opinion as to the conclusions he thinks should be drawn from his findings," said the judge.
Earlier, defence QC, Orlando Pownall, said that while Mr McAuley's physical findings were not in dispute, his evidence did "not amount to a row of beans when it comes to indicating the authorship" of the bombs.
Gordon Kerr QC, who is leading the prosecution case, said the forensic scientist had decades of experience when it came to investigating explosions.
He argued that as an expert who had investigated more than 1,500 bombings, Mr McAuley was entitled "to express an opinion based on that examination as to the likelihood or otherwise of the maker".
However, Mr Justice Weir ruled his opinions in this case did not have weight.
Meanwhile, the High Court in Belfast has been told that an IRA double agent will seek witness protection over and above the normal level if he gives evidence in the Crown Court trial.
Kevin Fulton worked for police between 1993 and 1994, and again between 1996 and 2001. He is alleged to have given prior warning about the Omagh blast on five occasions between July and August 1998.
Hoey's defence team want to question Mr Fulton about his role in the bombing. They have a separate application before Mr Justice Weatherup for disclosure of documents from the Northern Ireland Police Ombudsman, Nuala O'Loan, who investigated Fulton's involvement in the Omagh case.
The Newry informant is said to be willing to give evidence in the Hoey trial provided his request for protection is granted. Martin O'Rourke, appearing at the High Court for Hoey, said he would do "anything the witness seeks to secure his attendance in court."
Hoey faces a total of 5 terrorist charges, all which he denies. Among them are 29 counts of murder in direct relation to the Omagh atrocity on August 15, 1998.
The trial continues.
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1855
Published Date: 26-Oct-06
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