OMAGH FUND REFUSES MONEY FOR CIVIC LAWSUIT
Omagh Fund refuses money for civic lawsuit
BY TERRY PATTERSON
Families disappointed but vow not to give up
CAMPAIGNERS intent on bringing the Real IRA gang believed to be behind the Omagh town centre bombing to a civil court, have been refused financial aid by the Omagh Fund.
A request by Victor Barker, whose young son, James, was killed in the atrocity while on a day trip from his Buncrana home, sought to have the charitable aspect of the fund contribute to the �1 million deemed necessary by the victims' families to pursue a High Court action.
But his written application was turned down, and it has now been revealed that just �250,000 has so far been raised in the bid to underwrite the costs of bringing the suspects alleged to have planted the bomb to justice.
With the third anniversary of one of the most horrific acts of 30 years of the Troubles rapidly approaching, relatives of those who died in the August 15, 1998 attack have just six weeks left to file writs for damages before the action becomes statute-barred.
But Michael Gallagher of the Omagh Victims Support group said at the weekend that he was confident writs would be served on the alleged perpetrators by the end of the month.
He said a decision had been taken to proceed with the court action although the fund supporting it was likely to fall well short of its 11 million target on the day the case was launched.
"We have approached a number of individuals who we know are capable of boosting the fighting fund and we are still waiting responses," said Mr Gallagher.
"Elsewhere people are actively working to raise money for us, and the fundraising will not stop when the writs are served, but will go on for some considerable time.
"Meanwhile, the writs will be issued and they will be issued by August 14. Financially we are a long way off, but we are still on course as far as our legal fight is concerned. Our struggle for truth and justice will not go away."
Then Mr Gallagher revealed how Mr Barker had written to the Omagh Fund seeking a donation from its Charitable Trust, which, he claimed, still had a substantial amount of money in it. "That request has been refused yet surely there is no better way of having justice served on behalf of the 700 or so people affected by the bomb than aiding the court fight against the perpetrators."
Brian Oliphant, who had initially been seconded for one year from his post as Group Chief environmental Health Officer to manage the expenditure of the Omagh Fund, confirmed there had still been more than �1.2 million in the Charitable Trust when the accounts were audited to the end of May.
He said it was one of two trusts set up to handle income to the Omagh Fund, but added that it was constrained by law. The Discretionary Trust, which had been established at the same time, had no spare capacity, according to Mr. Oliphant.
"The trustees of the discretionary fund had wide ranging powers as to how the money in it was allocated, and the small amount remaining has already been earmarked for certain projects," he disclosed.
"But there is no leeway with regard to the Charitable Trust. It is my understanding that it would be illegal for it to use its income in support of the court case.
"It had always been the trustees' gut feeling that they could not assist the victim families in this way, and they have since taken legal advice which backs that view.
"I appreciate that this is a very sensitive issue, as, indeed, are all matters with regard to the victim families, but our hands are tied."
Mr Barker told the Herald on Monday that it was one of the most natural things for people involved in tragedy and disaster to be able to draw a conclusion as to who or what was responsible.
He added: "Personally, I believe the people who contributed to the Omagh Fund would have wanted the money used for the benefit of those who suffered. It is unfortunate that it cannot be.
"We would have liked the fund to have helped us out and we have now approached several members of government to ascertain whether a dispensation can be given to enable the Charitable Trust to be used for this purpose.
Mr Gallagher claimed making a contribution to the families' legal fund would be a donation to a good cause and asked if that did not fall within the criteria laid down by the Charities and Lotteries Board. And he suggested more could be done to have any restriction lifted. He went on "We have used up a big proportion of the �250,000 committed already, but it has been money well spent. We hope that once we start our action the people of Northern Ireland and beyond will back us up with financial support.
"We have an excellent legal case and when the public see that we are serious and that it is actually going to happen, I am sure they will donate money to us."
No decision has yet been taken as to the number of writs to be issued or on which side of the border the cases will be fought, although an announcement is expected later this month when the legal team from the Henry Hepworth Organisation briefs representatives of the victim families.
Mr Barker said "We would like to run as many actions as possible, both in Dublin and Belfast, but obviously we will be limited by limitations on our funding."
BY TERRY PATTERSON
Families disappointed but vow not to give up
CAMPAIGNERS intent on bringing the Real IRA gang believed to be behind the Omagh town centre bombing to a civil court, have been refused financial aid by the Omagh Fund.
A request by Victor Barker, whose young son, James, was killed in the atrocity while on a day trip from his Buncrana home, sought to have the charitable aspect of the fund contribute to the �1 million deemed necessary by the victims' families to pursue a High Court action.
But his written application was turned down, and it has now been revealed that just �250,000 has so far been raised in the bid to underwrite the costs of bringing the suspects alleged to have planted the bomb to justice.
With the third anniversary of one of the most horrific acts of 30 years of the Troubles rapidly approaching, relatives of those who died in the August 15, 1998 attack have just six weeks left to file writs for damages before the action becomes statute-barred.
But Michael Gallagher of the Omagh Victims Support group said at the weekend that he was confident writs would be served on the alleged perpetrators by the end of the month.
He said a decision had been taken to proceed with the court action although the fund supporting it was likely to fall well short of its 11 million target on the day the case was launched.
"We have approached a number of individuals who we know are capable of boosting the fighting fund and we are still waiting responses," said Mr Gallagher.
"Elsewhere people are actively working to raise money for us, and the fundraising will not stop when the writs are served, but will go on for some considerable time.
"Meanwhile, the writs will be issued and they will be issued by August 14. Financially we are a long way off, but we are still on course as far as our legal fight is concerned. Our struggle for truth and justice will not go away."
Then Mr Gallagher revealed how Mr Barker had written to the Omagh Fund seeking a donation from its Charitable Trust, which, he claimed, still had a substantial amount of money in it. "That request has been refused yet surely there is no better way of having justice served on behalf of the 700 or so people affected by the bomb than aiding the court fight against the perpetrators."
Brian Oliphant, who had initially been seconded for one year from his post as Group Chief environmental Health Officer to manage the expenditure of the Omagh Fund, confirmed there had still been more than �1.2 million in the Charitable Trust when the accounts were audited to the end of May.
He said it was one of two trusts set up to handle income to the Omagh Fund, but added that it was constrained by law. The Discretionary Trust, which had been established at the same time, had no spare capacity, according to Mr. Oliphant.
"The trustees of the discretionary fund had wide ranging powers as to how the money in it was allocated, and the small amount remaining has already been earmarked for certain projects," he disclosed.
"But there is no leeway with regard to the Charitable Trust. It is my understanding that it would be illegal for it to use its income in support of the court case.
"It had always been the trustees' gut feeling that they could not assist the victim families in this way, and they have since taken legal advice which backs that view.
"I appreciate that this is a very sensitive issue, as, indeed, are all matters with regard to the victim families, but our hands are tied."
Mr Barker told the Herald on Monday that it was one of the most natural things for people involved in tragedy and disaster to be able to draw a conclusion as to who or what was responsible.
He added: "Personally, I believe the people who contributed to the Omagh Fund would have wanted the money used for the benefit of those who suffered. It is unfortunate that it cannot be.
"We would have liked the fund to have helped us out and we have now approached several members of government to ascertain whether a dispensation can be given to enable the Charitable Trust to be used for this purpose.
Mr Gallagher claimed making a contribution to the families' legal fund would be a donation to a good cause and asked if that did not fall within the criteria laid down by the Charities and Lotteries Board. And he suggested more could be done to have any restriction lifted. He went on "We have used up a big proportion of the �250,000 committed already, but it has been money well spent. We hope that once we start our action the people of Northern Ireland and beyond will back us up with financial support.
"We have an excellent legal case and when the public see that we are serious and that it is actually going to happen, I am sure they will donate money to us."
No decision has yet been taken as to the number of writs to be issued or on which side of the border the cases will be fought, although an announcement is expected later this month when the legal team from the Henry Hepworth Organisation briefs representatives of the victim families.
Mr Barker said "We would like to run as many actions as possible, both in Dublin and Belfast, but obviously we will be limited by limitations on our funding."
Further Information
Publisher: ULSTER HERALD
Ref: UH/0783
Published Date: 28-Jun-01
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