FULTON GUN DECISION TO GET REVIEW
Fulton gun decision to get review
A Police informer at the centre of a row over the Omagh bombing investigation won the first round of a legal battle to be allowed to carry a gun for his personal protection.
In high court in Belfast, the informer who goes under the name 'Kevin Fulton' was granted leave to apply for a judicial review of the chief constable's decision refusing him a firearms certificate.
A similar application was refused last December after Mr Justice Kerr decided it was premature as police inquiries into Mr Fulton's background were incomplete.
Renewing the application yesterday Seamus Treacy QC accused the police of undue delay in processing the application for a gun licence.
He said police had informed Mr Fulton whose case is listed under the pseudonym X for his own protection, there had been fresh threats to his life which they assessed at a serious level.
Mr Treacy said there was no need for additional inquiries as Mr Fulton's background was well known, having worked for the Force Research Unit, the Special Branch and the CID.
He said Mr Fulton had been subjected to considerable media publicity due to the fallout between the chief constable Sir Ronnie Flanagan and the police ombudsman Nuala O' Loan.
Mr Treacy said it was believed there was a considerable degree of animosity towards Mr Fulton with the chief constable having made certain remarks about him.
Counsel for the chief constable denied there was any undue delay and said inquiries were still going on.
Granting leave, Mr Justice Kerr said the applicant had raised an arguable case but he said that the papers did not support the view that there was any animosity towards him. The case will come up for mention on March 1st when it is likely a hearing date will be fixed.
Mr Fulton had claimed in newspapers that before the Omagh bombing in August 1998, in which 29 people were killed, he had passed on information to police about a bomb being made by dissident republicans.
His information did not specify Omagh but his claim led to the investigation by the ombudsman and subsequent damning report of the polices investigation.
A Police informer at the centre of a row over the Omagh bombing investigation won the first round of a legal battle to be allowed to carry a gun for his personal protection.
In high court in Belfast, the informer who goes under the name 'Kevin Fulton' was granted leave to apply for a judicial review of the chief constable's decision refusing him a firearms certificate.
A similar application was refused last December after Mr Justice Kerr decided it was premature as police inquiries into Mr Fulton's background were incomplete.
Renewing the application yesterday Seamus Treacy QC accused the police of undue delay in processing the application for a gun licence.
He said police had informed Mr Fulton whose case is listed under the pseudonym X for his own protection, there had been fresh threats to his life which they assessed at a serious level.
Mr Treacy said there was no need for additional inquiries as Mr Fulton's background was well known, having worked for the Force Research Unit, the Special Branch and the CID.
He said Mr Fulton had been subjected to considerable media publicity due to the fallout between the chief constable Sir Ronnie Flanagan and the police ombudsman Nuala O' Loan.
Mr Treacy said it was believed there was a considerable degree of animosity towards Mr Fulton with the chief constable having made certain remarks about him.
Counsel for the chief constable denied there was any undue delay and said inquiries were still going on.
Granting leave, Mr Justice Kerr said the applicant had raised an arguable case but he said that the papers did not support the view that there was any animosity towards him. The case will come up for mention on March 1st when it is likely a hearing date will be fixed.
Mr Fulton had claimed in newspapers that before the Omagh bombing in August 1998, in which 29 people were killed, he had passed on information to police about a bomb being made by dissident republicans.
His information did not specify Omagh but his claim led to the investigation by the ombudsman and subsequent damning report of the polices investigation.
Further Information
Publisher: ULSTER HERALD
Ref: UH/0974
Published Date: 21-Feb-02
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