OMAGH BOMB SUSPECT SEEKS TRIAL SCRAPPED
Omagh bomb suspect seeks trial scrapped
THE only man to be charged in connection with the Omagh bombing has applied for the case against him to be dismissed after alleged discrepancies were revealed in police evidence.
Police forensic expert, Detective Garda Geraldine Butler told Dublin's Special Criminal Court that tests showed that part of the third page of a section of notes made while 49-year-old Colm Murphy was being questioned were written after the interview.
Murphy, from Dundalk, Co Louth, denies conspiracy to cause an explosion on the weekend that the bomb tore through the town, killing 29 people and unborn twins and injuring hundreds of others.
Under cross-examination by Michael O'Higgins SC, defending, DG Butler said she carried out an exploratory spatial data analysis (ESDA) test, in which fine powder is poured over pages to detect pen indentations.
She said there were similarities on many pages between the written words and the indentations on other pages.
But she agreed with Mr O'Higgins when he put it to her that equally so, there were dissimilarities as well. DG Butler agreed that page three, as presented in evidence, was re-written.
Following the cross-examination, Mr O'Higgins made an application to have the case against Murphy dismissed.
He claimed the revelation about the interview, conducted by detectives Liam Donnelly and John Fahy, brought into question the entire prosecution case.
"There are grave, grave questions to be answered about each and every single aspect of these interrogations," he said.
He said the alleged confession made by his client that he had handed two mobile telephones to a known dissident Republican plotting the atrocity were manifestly untrue
"It has been demonstrated to the court in a clear and categorical act that a very, very serious abuse has taken place," he said.
Commenting on the prospect of a conviction, Mr O'Higgins said: "If you remove the Donnelly and Fahy interviews the court could not hand on heart, be able to say that having done that we have done the right thing."
He referred to his previous cross examination of DG Donnelly saying "I wish everybody to know that DG Donnelly conceded that gardai in a station in any interview are placed in positions of great trust and responsibility.
"He agreed that if it were demonstrated that such a breach of trust took place it would be an outrageous abuse."
Earlier, a bricklayer who once worked for Murphy told the court that he had lent him his mobile phone the day before the blast.
It was alleged that Murphy also handed this phone to the bombers to be used in the planting of the device.
The court has already heard that both phones were tracked travelling to Omagh from the Dundalk/Castleblaney border area on the day of the bombing.
Patrick Terence Morgan, from Armagh, told the court he was on medication as he gave evidence. He said Murphy had borrowed his phone on August 14 1998, saying his own was not working.
Mr Morgan was arrested by the RUC now the Police Service of Northern Ireland on February 21st 1999 in connection with the bombing but was released with a totally clear name after questioning.
Mr O'Higgins claimed that pressure had been put on Mr Morgan to implicate Murphy or be faced with being charged with the atrocity himself.
Mr Morgan: "They told me they were going to charge me with the Omagh bombing."
Mr O'Higgins "Unless you could give an explanation for your phone?"
Mr Morgan "After a while that was what was going on."
Mr Higgins then said "You were under enormous pressure following your arrest and you had nominated Colm Murphy as having taken your phone as a result of such pressure. You were doing it for such a purpose of avoiding being charged with the Omagh bombing."
Mr Morgan answered "I did loan the phone to him."
THE only man to be charged in connection with the Omagh bombing has applied for the case against him to be dismissed after alleged discrepancies were revealed in police evidence.
Police forensic expert, Detective Garda Geraldine Butler told Dublin's Special Criminal Court that tests showed that part of the third page of a section of notes made while 49-year-old Colm Murphy was being questioned were written after the interview.
Murphy, from Dundalk, Co Louth, denies conspiracy to cause an explosion on the weekend that the bomb tore through the town, killing 29 people and unborn twins and injuring hundreds of others.
Under cross-examination by Michael O'Higgins SC, defending, DG Butler said she carried out an exploratory spatial data analysis (ESDA) test, in which fine powder is poured over pages to detect pen indentations.
She said there were similarities on many pages between the written words and the indentations on other pages.
But she agreed with Mr O'Higgins when he put it to her that equally so, there were dissimilarities as well. DG Butler agreed that page three, as presented in evidence, was re-written.
Following the cross-examination, Mr O'Higgins made an application to have the case against Murphy dismissed.
He claimed the revelation about the interview, conducted by detectives Liam Donnelly and John Fahy, brought into question the entire prosecution case.
"There are grave, grave questions to be answered about each and every single aspect of these interrogations," he said.
He said the alleged confession made by his client that he had handed two mobile telephones to a known dissident Republican plotting the atrocity were manifestly untrue
"It has been demonstrated to the court in a clear and categorical act that a very, very serious abuse has taken place," he said.
Commenting on the prospect of a conviction, Mr O'Higgins said: "If you remove the Donnelly and Fahy interviews the court could not hand on heart, be able to say that having done that we have done the right thing."
He referred to his previous cross examination of DG Donnelly saying "I wish everybody to know that DG Donnelly conceded that gardai in a station in any interview are placed in positions of great trust and responsibility.
"He agreed that if it were demonstrated that such a breach of trust took place it would be an outrageous abuse."
Earlier, a bricklayer who once worked for Murphy told the court that he had lent him his mobile phone the day before the blast.
It was alleged that Murphy also handed this phone to the bombers to be used in the planting of the device.
The court has already heard that both phones were tracked travelling to Omagh from the Dundalk/Castleblaney border area on the day of the bombing.
Patrick Terence Morgan, from Armagh, told the court he was on medication as he gave evidence. He said Murphy had borrowed his phone on August 14 1998, saying his own was not working.
Mr Morgan was arrested by the RUC now the Police Service of Northern Ireland on February 21st 1999 in connection with the bombing but was released with a totally clear name after questioning.
Mr O'Higgins claimed that pressure had been put on Mr Morgan to implicate Murphy or be faced with being charged with the atrocity himself.
Mr Morgan: "They told me they were going to charge me with the Omagh bombing."
Mr O'Higgins "Unless you could give an explanation for your phone?"
Mr Morgan "After a while that was what was going on."
Mr Higgins then said "You were under enormous pressure following your arrest and you had nominated Colm Murphy as having taken your phone as a result of such pressure. You were doing it for such a purpose of avoiding being charged with the Omagh bombing."
Mr Morgan answered "I did loan the phone to him."
Further Information
Publisher: ULSTER HERALD
Ref: UH/0860
Published Date: 15-Nov-01
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