CORONER DENIES HUMAN RIGHTS INTERVENTION
Coroner denies Human Rights intervention Group angry at ruling
THE CORONER at the Omagh bomb Inquests dramatically ruled yesterday (Wednesday) that the Human Rights Commission had no power to intervene at the proceedings.
Making the announcement, which came after hours of lengthy legal arguments, Coroner, John Leckey ruled that the relatively new Commission, which has been associated with some families of the bomb victims, had no statutory power to intervene at the Inquests.
He said he had listened to the arguments, studied written submission on the point and in fact had lost sleep, before coming to his conclusion.
Earlier he had heard strong verbal submissions from counsel for the Commission, Carol Quinlivan calling for the body to be permitted to intervene. She said the Commission was confident it had powers to intervene as a third party and had already done so in other unrelated cases in the High Court.
She said that at no stage in the proceeding was any indication given to the Commission that detailed written submissions were required. And she added that the Commission only became aware on September 25th that there was a difficulty with them attending the Inquest.
The High Court cases, she referred to, were all judicial review cases. The Commission, she said, felt it appropriate to intervene in this Inquest on a number of matters including issues of fundamental human rights.
After the coroner's ruling she again referred to the four cases and indicated the High Court was not of the opinion that the Commission had no power to intervene.
She asked to be allowed to make further arguments on the point of intervention.
The coroner asked Miss Quinlivan - "If you have no powers how can I hear further arguments?"
Counsel said she wanted it put on record that the Commission was not given the proper opportunity to submit their arguments in full.
Mr Leckey said it was the first time the issue had arisen. As far as he was aware the Commission had never been involved in intervening at Inquests before.
He pointed out that if his ruling was challenged he would be happy to follow any contrary decision.
He said they were dealing with a technical point which had only emerged the previous day and after legal advice from his counsel was still of the same opinion that the Commission -had no power to intervene at the Inquests.
Later that afternoon a barrister for one of the families of a victim of the bomb said he wanted to question police officers about their evacuation procedure on the day.
Michael Mansfield QC, who represented the family of Libbi Rushe, commended the officers concerned and stressed that he was not criticising any individuals.
But he said there were questions to be asked of four of the officers who were on duty that day. These questions, he said, related to their knowledge of the RUG procedures.
Referring to the deceased Mrs Rushe, he said that a number of witnesses had clearly told of seeing her standing near the door or at the door of her shop minutes before the bomb went off.
He said that had she known about the bomb all she had to do was walk the short distance to a place of safety.
He pointed out the unusual position in the Libbi Rushe case was that she could have survived if there had been a proper evacuation procedure in place.
But he stressed there never had been a suggestion on Mr Rushe's behalf who the blame for this lay with.
All he is concerned about are those questions which remain unanswered surrounding her death.
Earlier it was another harrowing week for families at the Inquest when the Coroner dealt with many more individual cases.
Loved ones sat in the courtroom with heads bowed as they listened to details of how and and where their mother or father, daughter or son brother or sister were when the bomb exploded.
Since last Thursday the Inquest has heard dozens of individual cases and heard the coroner making moving tributes to those who died. He also made a compassionate point of personally sympathising with all the next of kin.
Touched by the death of so many talented young students, Mr Leckey pointed out that many young lives had been cut short in such a tragic way.
Now in its third week, and running behind schedule, the hearing looks set to conclude at the end of next week when evidence on the final fatality, 12-year-old James Barker, will be given.
His Inquest is scheduled to take place next Thursday at the Leisure Centre following a change of venue from the Courthouse.
On Monday Mr Leckey is expected to announce his decision on the scope of the Inquest and on the jurisdiction in respect of the unborn twins of Avril Monaghan.
THE CORONER at the Omagh bomb Inquests dramatically ruled yesterday (Wednesday) that the Human Rights Commission had no power to intervene at the proceedings.
Making the announcement, which came after hours of lengthy legal arguments, Coroner, John Leckey ruled that the relatively new Commission, which has been associated with some families of the bomb victims, had no statutory power to intervene at the Inquests.
He said he had listened to the arguments, studied written submission on the point and in fact had lost sleep, before coming to his conclusion.
Earlier he had heard strong verbal submissions from counsel for the Commission, Carol Quinlivan calling for the body to be permitted to intervene. She said the Commission was confident it had powers to intervene as a third party and had already done so in other unrelated cases in the High Court.
She said that at no stage in the proceeding was any indication given to the Commission that detailed written submissions were required. And she added that the Commission only became aware on September 25th that there was a difficulty with them attending the Inquest.
The High Court cases, she referred to, were all judicial review cases. The Commission, she said, felt it appropriate to intervene in this Inquest on a number of matters including issues of fundamental human rights.
After the coroner's ruling she again referred to the four cases and indicated the High Court was not of the opinion that the Commission had no power to intervene.
She asked to be allowed to make further arguments on the point of intervention.
The coroner asked Miss Quinlivan - "If you have no powers how can I hear further arguments?"
Counsel said she wanted it put on record that the Commission was not given the proper opportunity to submit their arguments in full.
Mr Leckey said it was the first time the issue had arisen. As far as he was aware the Commission had never been involved in intervening at Inquests before.
He pointed out that if his ruling was challenged he would be happy to follow any contrary decision.
He said they were dealing with a technical point which had only emerged the previous day and after legal advice from his counsel was still of the same opinion that the Commission -had no power to intervene at the Inquests.
Later that afternoon a barrister for one of the families of a victim of the bomb said he wanted to question police officers about their evacuation procedure on the day.
Michael Mansfield QC, who represented the family of Libbi Rushe, commended the officers concerned and stressed that he was not criticising any individuals.
But he said there were questions to be asked of four of the officers who were on duty that day. These questions, he said, related to their knowledge of the RUG procedures.
Referring to the deceased Mrs Rushe, he said that a number of witnesses had clearly told of seeing her standing near the door or at the door of her shop minutes before the bomb went off.
He said that had she known about the bomb all she had to do was walk the short distance to a place of safety.
He pointed out the unusual position in the Libbi Rushe case was that she could have survived if there had been a proper evacuation procedure in place.
But he stressed there never had been a suggestion on Mr Rushe's behalf who the blame for this lay with.
All he is concerned about are those questions which remain unanswered surrounding her death.
Earlier it was another harrowing week for families at the Inquest when the Coroner dealt with many more individual cases.
Loved ones sat in the courtroom with heads bowed as they listened to details of how and and where their mother or father, daughter or son brother or sister were when the bomb exploded.
Since last Thursday the Inquest has heard dozens of individual cases and heard the coroner making moving tributes to those who died. He also made a compassionate point of personally sympathising with all the next of kin.
Touched by the death of so many talented young students, Mr Leckey pointed out that many young lives had been cut short in such a tragic way.
Now in its third week, and running behind schedule, the hearing looks set to conclude at the end of next week when evidence on the final fatality, 12-year-old James Barker, will be given.
His Inquest is scheduled to take place next Thursday at the Leisure Centre following a change of venue from the Courthouse.
On Monday Mr Leckey is expected to announce his decision on the scope of the Inquest and on the jurisdiction in respect of the unborn twins of Avril Monaghan.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1473
Published Date: 28-Sep-00
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