MEMORY LOSS CLAIMS CAST DOUBT ON OMAGH RETRIAL
Memory loss claims cast doubt on Omagh retrial
COLM Murphy, the only man jailed so far in connection with the Omagh bombing, has claimed his short-term memory loss would interfere with his right to a fair hearing in a retrial.
Murphy (53), a County Louth builder and publican, is attempting to stop his retrial on conspiracy charges linked to the 1998 blast, which killed 29 people, including a mother pregnant with twins.
He was freed on bail in 2005 when Dublin's Court of Criminal Appeal quashed his original conviction and 14-year sentence, after ruling the trial court failed to give proper regard to altered interview notes by gardai.
The High Court is now hearing a judicial review challenge to the retrial, which was supposed to open in the non-jury Special Criminal Court in January.
Michael O'Higgins, SC for Murphy, said the charges were based solely on a hotly-contested admission by the accused during an interview with investigating gardai.
It is alleged that Murphy, of Jordan's Corner, Ravensdale, Co Louth, lent his mobile phone for use in the Real IRA bomb.
"The case comes down at the end of the day to a one-line verbal admission alleged to have been said in interview," Mr O'Higgins said.
The barrister said there is no video footage of the interviews, and records were found to be incomplete.
Notes of the interrogation varied greatly he added, with some confined to key words or phrases, and in some cases appearing like streams of consciousness. He argued that purported contemporaneous Garda notes on their questioning of Murphy were also found to be rewritten.
Two detectives accused of forging interview notes and committing perjury during Murphy's trial, were last year acquitted of the charges.
"In all cases it appears there is incomplete records of what was said in the interviews," the lawyer said.
In addition, the court heard that a neuropsychologist carried out tests on the accused, which concluded he had suffered brain damage in a car accident prior to his arrest, leaving his short-term memory impaired.
Mr O'Higgins said what had happened in the interview room is clearly critical to the case, and could not be proved because of the state of the records, and his client's medical condition.
Mr O'Higgins said the accused's legal team had not been aware of then-client's brain damage from the car accident in 1988 from the start of his first trial.
The judicial review heard that highly-skilled diagnostician Dr Harry Kennedy said there was a very subtle nature to the condition, which had allowed it to go unnoticed.
The doctor said the visual-spatial disorder would be further exacerbated in times of emotional stress, such as interrogation from police.
Mr. O'Higgins said his client's memory difficulties made it difficult for him to meaningfully and accurately challenge what was said in the Garda interviews, as set out by the detectives' notes.
Shane Murphy SC for the Director of Public Prosecutions, told the court he would be opposing the application to stop the retrial.
The judicial review, being heard by Judge Iarfhlaith O'Neill, is expected to last two days.
COLM Murphy, the only man jailed so far in connection with the Omagh bombing, has claimed his short-term memory loss would interfere with his right to a fair hearing in a retrial.
Murphy (53), a County Louth builder and publican, is attempting to stop his retrial on conspiracy charges linked to the 1998 blast, which killed 29 people, including a mother pregnant with twins.
He was freed on bail in 2005 when Dublin's Court of Criminal Appeal quashed his original conviction and 14-year sentence, after ruling the trial court failed to give proper regard to altered interview notes by gardai.
The High Court is now hearing a judicial review challenge to the retrial, which was supposed to open in the non-jury Special Criminal Court in January.
Michael O'Higgins, SC for Murphy, said the charges were based solely on a hotly-contested admission by the accused during an interview with investigating gardai.
It is alleged that Murphy, of Jordan's Corner, Ravensdale, Co Louth, lent his mobile phone for use in the Real IRA bomb.
"The case comes down at the end of the day to a one-line verbal admission alleged to have been said in interview," Mr O'Higgins said.
The barrister said there is no video footage of the interviews, and records were found to be incomplete.
Notes of the interrogation varied greatly he added, with some confined to key words or phrases, and in some cases appearing like streams of consciousness. He argued that purported contemporaneous Garda notes on their questioning of Murphy were also found to be rewritten.
Two detectives accused of forging interview notes and committing perjury during Murphy's trial, were last year acquitted of the charges.
"In all cases it appears there is incomplete records of what was said in the interviews," the lawyer said.
In addition, the court heard that a neuropsychologist carried out tests on the accused, which concluded he had suffered brain damage in a car accident prior to his arrest, leaving his short-term memory impaired.
Mr O'Higgins said what had happened in the interview room is clearly critical to the case, and could not be proved because of the state of the records, and his client's medical condition.
Mr O'Higgins said the accused's legal team had not been aware of then-client's brain damage from the car accident in 1988 from the start of his first trial.
The judicial review heard that highly-skilled diagnostician Dr Harry Kennedy said there was a very subtle nature to the condition, which had allowed it to go unnoticed.
The doctor said the visual-spatial disorder would be further exacerbated in times of emotional stress, such as interrogation from police.
Mr. O'Higgins said his client's memory difficulties made it difficult for him to meaningfully and accurately challenge what was said in the Garda interviews, as set out by the detectives' notes.
Shane Murphy SC for the Director of Public Prosecutions, told the court he would be opposing the application to stop the retrial.
The judicial review, being heard by Judge Iarfhlaith O'Neill, is expected to last two days.
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1884
Published Date: 24-May-07
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