UH/0585

Father of Omagh bomb victim to begin court action
BY ADRIAN MULLAN

Claim against Secretary of State for £40,000 school fees aimed at highlighting injustice
The pain of the families of those slaughtered in the Omagh bomb is to get a public airing on Friday week when Victor Barker, father of murdered schoolboy, James, begins legal action against the Secretary of State for £40,000 for school fees paid for his son's education.
However, Mr Barker said this week that money is not the real issue in the case. He explained that he is attempting to highlight the injustice of the way in which the victims of violence are treated compared with the perpetrators of paramilitary violence.
Mr Barker's case is backed by the Omagh Self Help and Support Group, members of which will be in Court to offer their support on the day.
The case will be heard in Omagh Court between 12 noon and 3.00 pm on Friday next, and afterwards the Barker family and the members of Omagh Self Help and Support group will hold a press conference in the Silver Birch Hotel.
It is understood that legal experts are exploring the case that the government failed in its duty of care to its citizens by reducing security levels after the Good Friday Agreement.
Mr Barker said what could be claimed from the Criminal Injuries Board was very limited: "It looks at compensating you for the expenses you incur as a result of your relative's death and makes a nominal award of £7,500 to compensate for what they call bereavement."
The Criminal Injuries Board has rejected part of Mr Barker's claim disallowing a substantial amount of money paid out on school fees before James death.
"I would say that school fees were costs of living while James was alive but became wasted expenses at the moment of his death. This case is not about money - I am taking it because I want to make it clear to everyone how the government treats victims compared to murderers.
Chairman of the Omagh Self Help and Support group, Michael Gallagher, said that whilst this was a personal case, it will highlight the injustice of the situation. He said that it was one of a number of things being done to test the Compensation Agency.
"The cases have to be taken by individuals as the group can't move on these issues, but we are seeking legal advice in England and Northern Ireland and we will be challenging the government and the Compensation Agency."
There is also the prospect of taking a case against the government to the European Court.
Speaking this week, Mr Gallagher said he thought it was wrong that the government and the Bloomfield Commission was recommending political parties put forward a representative as a victim's representative, rather, the government should have consulted with the victims and asked them what needed to be done.
"Political parties would be happy to appoint someone it would be a nice little job, but two of the representatives already put forward have been actively involved in terrorism and maybe even made victims - that is not the best way forward", he said.
He clarified that he was not criticising those people who had moved away from violence, but that the government had to address in a serious way the issue of victims.
Mr Gallagher's son, Adrian, was among the thirty one lives taken by the Carnival Day bomb, August 15th, 1998.