CORONER DISMISSES APPEAL TO CALL MACKEY
Coroner dismisses appeal to call Mackey
THE CORONER at the Inquest ruled on Friday that Omagh councillor Francis Mackey will not be called to give evidence.
Michael Gallagher, a relative of one of the victims of the atrocity, had made an earlier application that Mr Mackey and other named individuals were "inextricably linked" to the Real IRA and suggested they may be able to give evidence about this to the hearing.
However, on Friday Coroner John Leckey said: "This is speculation. Without an evidential basis there is nothing before me that Mr Mackey needs to be called to give evidence."
Delivering his ruling, the Coroner disclosed that Mr Mackey, an Omagh District Councillor and Chairman of the 32 County Sovereignty Movement, and Colm Murphy the only man charged in connection with the bombing were told that they could attend the inquest to give evidence on their own behalf.
That was in light of Mr Gallagher naming them at the preliminary hearing where he alleged that they were connected in some way with the commission of a serious criminal offence.
Mr Leckey, said the rationale behind the legislation quoted was that "the principles of fairness dictate that anyone against whom allegations concerning the death have been made, should be given both the opportunity to give evidence on their own behalf and to hear what may be said against them at the inquest."
He had arranged for appropriate information to be given to Mr Mackey by the RUC and to Mr Murphy, from Co Louth by the Garda.
He said that neither Mr Mackey nor Mr Murphy had made contact with him or his office at any time.
Mr Leckey ruled that Mr Gallagher's application for Mr Mackey to be called to give evidence under oath about his involvement with the Real IRA was an issue "which does not fall within the scope of this inquest."
He said "I would not consider such evidence relevant for the purpose of the inquest."
"For these reasons I am not willing to accede to Mr Gallagher's application."
THE CORONER at the Inquest ruled on Friday that Omagh councillor Francis Mackey will not be called to give evidence.
Michael Gallagher, a relative of one of the victims of the atrocity, had made an earlier application that Mr Mackey and other named individuals were "inextricably linked" to the Real IRA and suggested they may be able to give evidence about this to the hearing.
However, on Friday Coroner John Leckey said: "This is speculation. Without an evidential basis there is nothing before me that Mr Mackey needs to be called to give evidence."
Delivering his ruling, the Coroner disclosed that Mr Mackey, an Omagh District Councillor and Chairman of the 32 County Sovereignty Movement, and Colm Murphy the only man charged in connection with the bombing were told that they could attend the inquest to give evidence on their own behalf.
That was in light of Mr Gallagher naming them at the preliminary hearing where he alleged that they were connected in some way with the commission of a serious criminal offence.
Mr Leckey, said the rationale behind the legislation quoted was that "the principles of fairness dictate that anyone against whom allegations concerning the death have been made, should be given both the opportunity to give evidence on their own behalf and to hear what may be said against them at the inquest."
He had arranged for appropriate information to be given to Mr Mackey by the RUC and to Mr Murphy, from Co Louth by the Garda.
He said that neither Mr Mackey nor Mr Murphy had made contact with him or his office at any time.
Mr Leckey ruled that Mr Gallagher's application for Mr Mackey to be called to give evidence under oath about his involvement with the Real IRA was an issue "which does not fall within the scope of this inquest."
He said "I would not consider such evidence relevant for the purpose of the inquest."
"For these reasons I am not willing to accede to Mr Gallagher's application."
Further Information
Publisher: ULSTER HERALD
Ref: UH/1443
Published Date: 14-Sep-00
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