WIDOWER SUES CHIEF CONSTABLE, SECRETARY OF STATE
Widower sues Chief Constable, Secretary of State
BY ADRIAN MULLAN & ANTON MCCABE
LAURENCE Rush, the widower of a woman killed in the Omagh bomb, has issued legal proceedings against the North's Chief Constable and Secretary of State. Rush's writ said he is seeking exemplary and aggravated damages because his wife, Libbi, was murdered "by reason of the negligence, misfeasance in public office and breach of statutory duty of the defendants, their agents and servants in or about their failures in the apprehension, detection and pre-emptive arrest of members of a criminal terrorist conspiracy, namely the 'Real IRA.'"
Rush also accused the Chief Constable and Secretary of State of failing to take reasonable steps to protect Libbi Rush's right to life, and the Chief Constable of failing to fully and properly investigate the murder of Libbi Rush.
The North's Police Federation, apparently inadvertently, facilitated Rush's action by seeking a judicial review of the Police Ombudsman's report on the Omagh bomb. This report was highly critical of the RUC investigation. In March, Rush successfully applied to be joined to the judicial as an interested party, gaining access to papers.
"As such my lawyers have been served with voluminous documents including confidential papers in connection with the Omagh Bombing" said Rush. "I am not able for legal reasons to divulge the information contained in the Judicial Review papers but suffice to say they clearly demonstrate to me and my lawyers that the Omagh Bomb could have been prevented by the RUC and the British Government. I seek truth, justice and public accountability for myself and my family but, most of all, I seek it for my wife."
Both Rush and his solicitor, Des Doherty, stress they wish success to a number of other families who have issued civil proceedings against five alleged members of the Real IRA.
"The Real IRA are the original perpetrators of the atrocity" said Doherty. "This action is complementary to the other families' civil action. It's clear that a lot of families are totally dissatisfied with the role of the police and government before and after the bombing. Agents of the state, as far as we can see, warned the RUC about what was going to happen."
In February Rush withdrew from the civil action being taken against the Real IRA suspects. He was also expelled from the group representing some relatives.
"My client has been brave enough to ask the awkward questions" said Doherty. "Don't expect there to be a black tie gala dinner with stars and celebrities raising their glasses and toasting Laurence Rush and giving him money. This isn't a popularity contest it's about protection of life, human rights and state accountability."
The writs were served by post on Thursday morning.
"In my years of practice in this jurisdiction, and as someone who has a lifelong interest in law and human rights, it was certainly not my intention and I was strictly instructed not to do so to have the world's media come with us to serve a writ of summons" said Doherty. "They were neither required nor necessary."
Meanwhile, a spokesperson for the Northern Ireland Office confirmed that the writs had been received by both the Secretary of State and the Chief Constable and that the matter was being dealt with 'in the usual way by government lawyers'.
The spokesperson went on to say that as the anniversary of the bombing nears it is a particularly difficult time for the families, and she expressed sympathy to the families.
BY ADRIAN MULLAN & ANTON MCCABE
LAURENCE Rush, the widower of a woman killed in the Omagh bomb, has issued legal proceedings against the North's Chief Constable and Secretary of State. Rush's writ said he is seeking exemplary and aggravated damages because his wife, Libbi, was murdered "by reason of the negligence, misfeasance in public office and breach of statutory duty of the defendants, their agents and servants in or about their failures in the apprehension, detection and pre-emptive arrest of members of a criminal terrorist conspiracy, namely the 'Real IRA.'"
Rush also accused the Chief Constable and Secretary of State of failing to take reasonable steps to protect Libbi Rush's right to life, and the Chief Constable of failing to fully and properly investigate the murder of Libbi Rush.
The North's Police Federation, apparently inadvertently, facilitated Rush's action by seeking a judicial review of the Police Ombudsman's report on the Omagh bomb. This report was highly critical of the RUC investigation. In March, Rush successfully applied to be joined to the judicial as an interested party, gaining access to papers.
"As such my lawyers have been served with voluminous documents including confidential papers in connection with the Omagh Bombing" said Rush. "I am not able for legal reasons to divulge the information contained in the Judicial Review papers but suffice to say they clearly demonstrate to me and my lawyers that the Omagh Bomb could have been prevented by the RUC and the British Government. I seek truth, justice and public accountability for myself and my family but, most of all, I seek it for my wife."
Both Rush and his solicitor, Des Doherty, stress they wish success to a number of other families who have issued civil proceedings against five alleged members of the Real IRA.
"The Real IRA are the original perpetrators of the atrocity" said Doherty. "This action is complementary to the other families' civil action. It's clear that a lot of families are totally dissatisfied with the role of the police and government before and after the bombing. Agents of the state, as far as we can see, warned the RUC about what was going to happen."
In February Rush withdrew from the civil action being taken against the Real IRA suspects. He was also expelled from the group representing some relatives.
"My client has been brave enough to ask the awkward questions" said Doherty. "Don't expect there to be a black tie gala dinner with stars and celebrities raising their glasses and toasting Laurence Rush and giving him money. This isn't a popularity contest it's about protection of life, human rights and state accountability."
The writs were served by post on Thursday morning.
"In my years of practice in this jurisdiction, and as someone who has a lifelong interest in law and human rights, it was certainly not my intention and I was strictly instructed not to do so to have the world's media come with us to serve a writ of summons" said Doherty. "They were neither required nor necessary."
Meanwhile, a spokesperson for the Northern Ireland Office confirmed that the writs had been received by both the Secretary of State and the Chief Constable and that the matter was being dealt with 'in the usual way by government lawyers'.
The spokesperson went on to say that as the anniversary of the bombing nears it is a particularly difficult time for the families, and she expressed sympathy to the families.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1043
Published Date: 08-Aug-02
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