OMAGH BOMB OFFICERS WERE CONFUSED - OMBUDSMAN
Omagh bomb officers were 'confused' - Ombudsman
BY RONAN McSHERRY
DESPITE an admission during the Omagh bomb trial by a senior officer that a police witness statement was 'beefed up,' the Ombudsman has rejected that PSNI officers had 'beefed up' parts of their testimony.
Detective Chief Inspector Philip Greer Marshall made the admission during the trial of Sean Hoey, of Jonesborough, Co Armagh who was subsequently acquitted of 29 murders in the Real IRA attack on August 15, 1998.
Constable Fiona Cooper, a scenes of crimes officer, admitted fitting details into a statement about the discovery of a mortar bomb in 2001 she had no memory of and no notes of.
They included claims she wore forensic clothing at the scene of the find at Altmore Forest in Dungannon. It was one of several attacks, including Omagh that Mr Hoey was charged with.
The statement was written after the attack was linked to the Omagh bomb investigation.
DCI Marshall admitted in court that the statement had been 'beefed up' and acknowledged it must have been a member of the Omagh bomb inquiry team who asked for that to be done.
During his ruling Mr Justice Weir accused two officers, Detective Inspector Philip Marshall and Constable Fiona Cooper, of 'deliberate and calculated deception' when giving evidence at the trial which the judge said, "made it impossible for me to accept any evidence given by either witness."
The officers had initially told the court they had worn protective clothing during the operation in Dungannon. The judge was later presented with a photograph showing them on the site in plain clothes.
A spokesperson from the Ombudsman's office has told the Tyrone Herald that the 18-month investigation by Mr Hutchinson's team found that the photograph had actually been taken after the forensic tests were completed.
He said, "The ombudsman believes what the police witnesses said during the trial was accurate, but accepts they did get confused whilst giving their testimony under cross examination. It was accurate when they said they were wearing forensic outfits but they did get confused whilst giving evidence.
"Under cross-examination both officers had admitted to the court that they may have 'beefed up' their statements. It all revolves around whether or not they were wearing the forensic suits. The photograph produced illustrated that they weren't, but it was actually taken after the scene had closed so they did not need to be wearing them at that stage. The ombudsman found that, while there was confusion over how and when the officers made their witness statements, the actual content was correct."
The Ombudsman Al Hutchinson concluded that the officers made no deliberate attempt to mislead the court. The Public Prosecution Service has also decided there were no grounds for charging the two officers with perjury.
Solicitors for Mr Hoey, who was acquitted of the Omagh bombing, have described the ombudsman's report as 'deeply flawed' and said they were considering legal action.
BY RONAN McSHERRY
DESPITE an admission during the Omagh bomb trial by a senior officer that a police witness statement was 'beefed up,' the Ombudsman has rejected that PSNI officers had 'beefed up' parts of their testimony.
Detective Chief Inspector Philip Greer Marshall made the admission during the trial of Sean Hoey, of Jonesborough, Co Armagh who was subsequently acquitted of 29 murders in the Real IRA attack on August 15, 1998.
Constable Fiona Cooper, a scenes of crimes officer, admitted fitting details into a statement about the discovery of a mortar bomb in 2001 she had no memory of and no notes of.
They included claims she wore forensic clothing at the scene of the find at Altmore Forest in Dungannon. It was one of several attacks, including Omagh that Mr Hoey was charged with.
The statement was written after the attack was linked to the Omagh bomb investigation.
DCI Marshall admitted in court that the statement had been 'beefed up' and acknowledged it must have been a member of the Omagh bomb inquiry team who asked for that to be done.
During his ruling Mr Justice Weir accused two officers, Detective Inspector Philip Marshall and Constable Fiona Cooper, of 'deliberate and calculated deception' when giving evidence at the trial which the judge said, "made it impossible for me to accept any evidence given by either witness."
The officers had initially told the court they had worn protective clothing during the operation in Dungannon. The judge was later presented with a photograph showing them on the site in plain clothes.
A spokesperson from the Ombudsman's office has told the Tyrone Herald that the 18-month investigation by Mr Hutchinson's team found that the photograph had actually been taken after the forensic tests were completed.
He said, "The ombudsman believes what the police witnesses said during the trial was accurate, but accepts they did get confused whilst giving their testimony under cross examination. It was accurate when they said they were wearing forensic outfits but they did get confused whilst giving evidence.
"Under cross-examination both officers had admitted to the court that they may have 'beefed up' their statements. It all revolves around whether or not they were wearing the forensic suits. The photograph produced illustrated that they weren't, but it was actually taken after the scene had closed so they did not need to be wearing them at that stage. The ombudsman found that, while there was confusion over how and when the officers made their witness statements, the actual content was correct."
The Ombudsman Al Hutchinson concluded that the officers made no deliberate attempt to mislead the court. The Public Prosecution Service has also decided there were no grounds for charging the two officers with perjury.
Solicitors for Mr Hoey, who was acquitted of the Omagh bombing, have described the ombudsman's report as 'deeply flawed' and said they were considering legal action.
Further Information
Publisher: TYRONE HERALD
Ref: TYH/083
Published Date: 23-Feb-09
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