UH/0739

Contempt case of Omagh accused adjourned

DUBLIN Special Criminal Court has further adjourned for two weeks contempt of court proceedings being brought against the BBC and the. Daily Mail, by the man accused of Omagh bomb.
Colm Murphy (48) father-of-four with an address in Co. Louth has brought a notice for attachment, committal and sequestration against the BBC and Associated Newspapers for alleged contempt of court by the BBC's Panorama programme and a follow up report which appeared in the Daily Mail.
On Monday of this week, the court adjourned the hearing of the case until February 26 after counsel for the DPP, Tom O'Connell SC, raised the issue of Mr Murphy's standing .in the case Mr O'Connell said what was being alleged by Mr Murphy was an attempt to influence the administration of justice. He said it was unheard of for proceedings concerning an offence against the public at large and the administration of justice to be instituted by an individual.
Mr O'Connell said Mr Murphy had no standing to prosecute and that the mechanism for doing that was the Attorney General or the DPP.
Kevin Feeney SC, counsel for the BBC and Associated Newspapers, said once the issue of locus standi was raised by the DPP it was not something that would go away and he would have to seek instructions from his clients.
Mr Justice Diarmuid O'Donovan said the DPP's representative had raised the question of Mr Murphy's locus standing to bring the proceedings and the court did not have any option but to further adjourn the case for another two weeks to allow all parties to prepare submissions on that point.
The judge said the costs of this week's hearing should be borne by the DPP and that Mr Murphy should write to the DPP asking if it is his intention to take over the proceedings.
The trial of Colm Murphy, who was not in court for yesterday's hearing, is due to begin on October 9. The father of four is a building contractor and publican who is a native of Co Armagh with an address at Jordan's Corner Ravensdale, Co Louth.
He is charged with conspiring in Dundalk with another person not before the court to cause an explosion between August 13 and 16 1998. He is also charged with membership of an illegal organisation styling itself Oglaigh na hEireann on August 14 1998.
Murphy has been remanded on continuing bail of £50,000 until October 9.