TC/1979

Omagh families finally win justice for their loved ones
Bereaved vow to carry on the fight
by Julie Moore

AFTER years of battling and determination to bring those responsible for the Omagh bomb atrocity to justice, that day finally arrived this week for the bereaved families of those whose lives were cruelly claimed on August 15, 1998.
Over a decade since that fateful day, which killed 29 innocent people and unborn twins, and shook the Tyrone county town to its core, the Omagh families succeeded in their landmark civil action to sue those responsible for the Real IRA bombing, when judgment was announced at Belfast High Court on Monday.
Michael McKevitt, Liam Campbell, Colm Murphy and Seamus Daly were all found to be responsible for the terrorist attack of 1998, with Mr Justice Declan Morgan ruling that a sum of £1.6 million damages was to be paid out to the families. The Real IRA was also found liable for the attack.
The case against a fifth man, Seamus McKenna, was dismissed after the judge found evidence against him to be unreliable.
The families, some in tears, sat in court as High Court judge, Mr Justice Morgan, awarded sums ranging from £70,000 to £340,000 to the brave number who took on the terrorists.
How much, if any, they will ever see of the money remains to be seen. But, for the families, it has never been about the money - instead it has been a long and bitter battle for the legal right to name the terrorists as murderers.
Following Monday's historic events in Belfast, Michael Gallagher, whose son, Aiden, died in the 1998 attack, vowed that the families would continue their fight to ensure that Mr Justice Morgan's judgment was indeed awarded to the bereaved families, stating his belief that it would be "a hollow victory, if justice was not seen to be done."
Emphasising that the families involved were not concerned about the money, rather they felt compelled to fight for it "as a matter of principle", Mr Gallagher said: "We want to make sure that the message is put across that you can't use a person's life to make a political statement.
"My message is very simple and it is this -'Terrorists, if you murder our families we will come after you', and to the victims of terrorism, I would say 'if you can do it, pursue those people like we have', and to the government - 'if you don't do the right thing, we will do it'."
Also renewing his determination to secure a cross-border inquiry into the events of August 1998, Mr Gallagher told the Tyrone Constitution: "A cross-border public inquiry is essential. The curtain can never finally be closed in Omagh until we know all of the facts or as many of the facts that we possibly can about what happened before, during, and after that day."
Echoing these sentiments, Godfrey Wilson, whose daughter, Lorraine, was killed in the bomb at the age of 15, said he believed a public inquiry was their only hope of "getting the truth".
"It is nice to see that we did so well on Monday, it gives me a bit of heart in the justice system, but we need a cross-border public inquiry to get the truth."
The solicitor representing the Omagh families in court on Monday, Jason McCue, is no stranger to high profile cases, having successfully defended the Sunday Times in a libel case brought by Thomas Murphy, and has represented television presenter, John Leslie, previously.
Addressing the court on Monday, Mr Justice Morgan said that it was clear to him from the reports he read and the evidence of the plaintiffs who appeared before him in court that "the senseless and indiscriminate nature of this appalling outrage has deeply affected each of them."
He stated there was "compelling evidence" against the four defendants, adding it was "inexplicable" that none of them had taken the stand.
He said that he did not intend to rehearse in his judgment, the detail of the medical reports or the accounts given to him of the enormous difficulties faced by the family members, adding that, "For many, the effects are catastrophic and their lives will never be the same."
He considered this was an appropriate case in which to make an award of aggravated damages to include damages for injury to feelings as a result of the manner of the commission of this outrage.
The judge said that each of the four defendants had links with the Real IRA.
Michael McKevitt, 54, from Louth, is currently serving a 24-year sentence for directing terrorism. Mr Justice Morgan said of him on Monday: "The evidence demonstrates that he had a particular responsibility in relation to procurement and in those circumstances I consider that the availability of the materials to prepare the bomb could only have occurred with his support and approval."
Mr Justice Morgan said decisions to reduce bomb warning times and been approved by the defendant.
Said Mr Justice Morgan: "He foresaw the likely consequence of personal injury particularly having regard to the nature of the time allowed for clearance. In any event I consider that by virtue of this leadership role he is liable as aiding, counselling and directing the commission of the tort."
Of 37-year-old Dundalk farmer, Liam Campbell, Mr Justice Morgan said he found the case against him to be "overwhelming", adding: "I am satisfied that there was cogent evidence that the fourth named defendant was a member of the Army Council of the Real IRA at the time of the Omagh bomb.
"I am further satisfied that he held an important leadership position in the RIRA at the time and subsequently"
The court was also told that Seamus Daly had been linked to the explosion by phone records. The judge agreed that Daly's mobile phone records linked him to communications between the bomb and scout car on the day of the attack, adding: "I am satisfied that there is cogent evidence that he is liable in trespass to the plaintiffs."
The court heard that Colm Murphy had been "an active member" of the Continuity IRA.
Reflecting on their day in court, Claire Radford, the sister of Alan Radford, whose life was cut short in the Omagh bomb at the age of 16, said her family had been "relieved and surprised" at the outcome, adding that it had been "one of the better days", since August 15, 1998.
"With Omagh, you never know what way it is going to go. In a criminal court of law we didn't get what we wanted or needed for Alan, but now these people have been named and shamed for what they really are, and we have some peace of mind for that.
"We have done as much as we can for our brother, and I think Alan would be proud of us for that."
She added, however, that her family would be reluctant to pursue a public inquiry again, fearing that it may only bring more unneeded heartache.
"There are only so many setbacks you can take. We don't want our hopes to be built up and shattered again.
"To go down that road again after the civil action - which was a long journey in itself - would only be more heartache for us I think.
"Of course justice for our family would be to see them getting locked up, but we are pleased with our result, and feel justice was served this week."