CALL FOR MORE LEGAL AID SUPPORT TO TERRORIST VICTIMS IN LIGHT OF OMAGH CIVIL ACTION
Call for more legal aid support to terrorist victims in light of Omagh civil action
by Julie Moore
YESTERDAY'S Northern Ireland Affairs Committee (NIAC) report into the Omagh bomb has recommended that the Northern Ireland Office (NIO) undertake consultation on how the victims of terrorist atrocities might be legally aided, 'financially or otherwise', in bringing civil actions where the criminal justice system has not brought the perpetrators to book.
In June last year a landmark civil action, brought forward by Omagh families, ruled in the High Court that four men -Michael McKevitt, Liam Campbell, Colm Murphy and Seamus Daly - and the Real IRA were responsible for the Omagh bombing and awarded substantial damages.
At the time, chairman of Omagh Support and Self Help Group (OSSHG), Michael Gallagher, whose son, Aiden, was killed in the atrocity, had said that the groundbreaking case would pave the way for other other bereaved families to follow.
The judgment, however, has since been appealed by the four men and the Omagh families group, who seek exemplary damages on top of the individual damages awarded.
The NIAC report yesterday said, should the judgment stand on appeal, 'We trust that the Omagh victims will be given every possible assistance by the government, the police and other relevant agencies as they seek to pursue the compensation awarded by the High Court against four individuals and the Real IRA."
The report called for a statement from the NIO of what action would be taken to provide such assistance, and urged that such a statement be made before the end of the present Parliament.
Reiterating their 'deep regret' that no one has been convicted of causing the 1998 atrocity, the NIAC report added its dissatisfaction that 'no one in authority holds out any realistic possibility that those who committed the atrocity will pay the penalty for it'.
Initially the Omagh families in the civil case were not granted legal aid to support their action.
However, around �800,000 in taxpayer funding was eventually provided after a national newspaper campaign highlighted the fact that the defendants - the alleged bombers - were eligible for legal aid, while the plaintiffs, the families, were not.
In light of this, former Secretary of State, Lord Mandelson had asked the Government to provide 'exceptional' funding for the case.
However, quoting chairman of OSSHG, Michael Gallagher, who said: "Victims of terrorism need some status in government and the Government should be looking at that and not lumping us together in the normal criminal justice system," the NIAC report stated: "We recognise that substantial safeguards would be required to prevent the misuse of public money in this respect, but believe that the action raised by some of the Omagh families has highlighted an avenue largely made unavailable to victims of terrorism on account of the prohibitive cost involved."
The report acknowledged that the civil case was, to some degree, 'able to proceed where the criminal justice system had failed', due to the different standards of proof required.
The committee said, however, that there are 'dangers to be considered in pursuing cases through the civil, rather than the criminal route'.
"The civil route allows cases to be brought against individuals who, no matter how guilty they may appear, have not been convicted of a crime. A presumption that the civil route should always be an alternative to criminal prosecution would be an unhappy one," added the report.
Reflecting on the recommendations made by the report, Godfrey Wilson, whose daughter, Lorraine, was killed in the bomb on August 15, 1998, said he believed it was 'only right' that families should have an opportunity for justice, 'should it only be through a civil case'.
Said Mr Wilson: "We want the truth and justice, but the truth has alluded us because the court of law has allowed it to. I think that it would be only fair to allow other families the same privilege we had in the civil case.
"We did get some redemption from it, in that these four people were being pointed out as 'doing the dirty deed' in Omagh.
"People should have the right to have some outlet to let off their steam and have justice."
by Julie Moore
YESTERDAY'S Northern Ireland Affairs Committee (NIAC) report into the Omagh bomb has recommended that the Northern Ireland Office (NIO) undertake consultation on how the victims of terrorist atrocities might be legally aided, 'financially or otherwise', in bringing civil actions where the criminal justice system has not brought the perpetrators to book.
In June last year a landmark civil action, brought forward by Omagh families, ruled in the High Court that four men -Michael McKevitt, Liam Campbell, Colm Murphy and Seamus Daly - and the Real IRA were responsible for the Omagh bombing and awarded substantial damages.
At the time, chairman of Omagh Support and Self Help Group (OSSHG), Michael Gallagher, whose son, Aiden, was killed in the atrocity, had said that the groundbreaking case would pave the way for other other bereaved families to follow.
The judgment, however, has since been appealed by the four men and the Omagh families group, who seek exemplary damages on top of the individual damages awarded.
The NIAC report yesterday said, should the judgment stand on appeal, 'We trust that the Omagh victims will be given every possible assistance by the government, the police and other relevant agencies as they seek to pursue the compensation awarded by the High Court against four individuals and the Real IRA."
The report called for a statement from the NIO of what action would be taken to provide such assistance, and urged that such a statement be made before the end of the present Parliament.
Reiterating their 'deep regret' that no one has been convicted of causing the 1998 atrocity, the NIAC report added its dissatisfaction that 'no one in authority holds out any realistic possibility that those who committed the atrocity will pay the penalty for it'.
Initially the Omagh families in the civil case were not granted legal aid to support their action.
However, around �800,000 in taxpayer funding was eventually provided after a national newspaper campaign highlighted the fact that the defendants - the alleged bombers - were eligible for legal aid, while the plaintiffs, the families, were not.
In light of this, former Secretary of State, Lord Mandelson had asked the Government to provide 'exceptional' funding for the case.
However, quoting chairman of OSSHG, Michael Gallagher, who said: "Victims of terrorism need some status in government and the Government should be looking at that and not lumping us together in the normal criminal justice system," the NIAC report stated: "We recognise that substantial safeguards would be required to prevent the misuse of public money in this respect, but believe that the action raised by some of the Omagh families has highlighted an avenue largely made unavailable to victims of terrorism on account of the prohibitive cost involved."
The report acknowledged that the civil case was, to some degree, 'able to proceed where the criminal justice system had failed', due to the different standards of proof required.
The committee said, however, that there are 'dangers to be considered in pursuing cases through the civil, rather than the criminal route'.
"The civil route allows cases to be brought against individuals who, no matter how guilty they may appear, have not been convicted of a crime. A presumption that the civil route should always be an alternative to criminal prosecution would be an unhappy one," added the report.
Reflecting on the recommendations made by the report, Godfrey Wilson, whose daughter, Lorraine, was killed in the bomb on August 15, 1998, said he believed it was 'only right' that families should have an opportunity for justice, 'should it only be through a civil case'.
Said Mr Wilson: "We want the truth and justice, but the truth has alluded us because the court of law has allowed it to. I think that it would be only fair to allow other families the same privilege we had in the civil case.
"We did get some redemption from it, in that these four people were being pointed out as 'doing the dirty deed' in Omagh.
"People should have the right to have some outlet to let off their steam and have justice."
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1991
Published Date: 18-Mar-10
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