BOMBERS SHOULD BE ALSO CHARGED WITH KILLING UNBORN TWINS
Bombers should be also be charged with killing unborn twins - Coroner
THE CORONER at the Omagh Inquests is to write to the Department of Public Prosecutions urging it to press for "child destruction" charges against anyone apprehended for the bomb.
The move came after Coroner, John Leckey announced last week that he had no legal jurisdiction over the unborn twins of Avril Monaghan who perished in the bomb.
Mrs Monaghan died with her daughter, Maura, 20 months, and mother, Mary Grimes.
Mrs Monaghan (30) was heavily pregnant at the time and the Inquest heard her twins would be aged over two now had they lived.
She was 34 weeks pregnant with the twin girls who were viable and uninjured in the blast which killed the mother.
Again the Coroner acknowledged that thirty one people had actually died as a result of the bomb but said he had only jurisdiction over twenty-nine.
Mrs Monaghan's family had asked Mr Leckey to make an official findings in relation to the twins.
That complex request proved to be one of the most emotive issues presented to the Inquest.
Mr Leckey said he would write to the DPP to inform them that the unborn twins had been killed as a result of the Omagh bomb.
He said the DPP could consider charging anyone apprehended for the bombing with child destruction.
Solicitor for the family, Barry Fox welcomed the stance taken by the Coroner in writing to the DPP and said it would go someway to helping the family circle, and her widower, Michael Monaghan.
He said Mr Monaghan felt so strongly about the issue that he was present in court.
He listened as Mr Fox put forward legal submissions for the Inquest to formally recognise the fetuses' status, so the final death toll from the explosion would be counted as 31, not 29.
Mr Fox was of the view that the twins were not stillborn and could not be characterised as being non viable fetuses. He submitted that unborn twins were 'viable" as being capable of sustaining life independently of the mother,albeit, for a very short period of time.
For the purposes of his application he submitted that the unborn twins should be characterised as being bodies and therefore subject to the jurisdiction of the Coroner to make then a party to the current Inquest.
He pointed out that Mr Monaghan was at the proceedings for a first time and had not attended the inquests of his wife, daughter and mother-in-law.
But because of his own belief and the way he looked upon the unborn twins he felt it was imperative that the argument should be put before the Inquest.
Mr Fox said his client had experienced a "tremendous tragedy" and urged the Coroner to ameliorate the grief which he had suffered.
Before coming to his decision, Mr Leckey said he had studied the relevant legislation and authorities on the matter which pointed to him being without jurisdiction.
The Coroner said he had no jurisdiction over stillbirths and his counsel, Gemma Loughran gave the legal definition as complete expulsion or extraction from the mother after the 24th week of a child which did not at any time breathe or show any other signs of life Mr Leckey again said, as far as he was concerned 31 persons died, but for legal reasons he could only claim jurisdiction over 29. He said as far as he was concerned they were living healthy babies, though unborn.
He extended his deepest sympathy to Mr Monaghan and told him he hoped "the wicked people responsible for the tragedy would be apprehended and punished by the Courts."
The application for legal status of the unborn twins could have been dealt with differently had the twins been expelled from the mother's womb and had shown signs of life.
It is understood the Coroner could then have claimed jurisdiction.
THE CORONER at the Omagh Inquests is to write to the Department of Public Prosecutions urging it to press for "child destruction" charges against anyone apprehended for the bomb.
The move came after Coroner, John Leckey announced last week that he had no legal jurisdiction over the unborn twins of Avril Monaghan who perished in the bomb.
Mrs Monaghan died with her daughter, Maura, 20 months, and mother, Mary Grimes.
Mrs Monaghan (30) was heavily pregnant at the time and the Inquest heard her twins would be aged over two now had they lived.
She was 34 weeks pregnant with the twin girls who were viable and uninjured in the blast which killed the mother.
Again the Coroner acknowledged that thirty one people had actually died as a result of the bomb but said he had only jurisdiction over twenty-nine.
Mrs Monaghan's family had asked Mr Leckey to make an official findings in relation to the twins.
That complex request proved to be one of the most emotive issues presented to the Inquest.
Mr Leckey said he would write to the DPP to inform them that the unborn twins had been killed as a result of the Omagh bomb.
He said the DPP could consider charging anyone apprehended for the bombing with child destruction.
Solicitor for the family, Barry Fox welcomed the stance taken by the Coroner in writing to the DPP and said it would go someway to helping the family circle, and her widower, Michael Monaghan.
He said Mr Monaghan felt so strongly about the issue that he was present in court.
He listened as Mr Fox put forward legal submissions for the Inquest to formally recognise the fetuses' status, so the final death toll from the explosion would be counted as 31, not 29.
Mr Fox was of the view that the twins were not stillborn and could not be characterised as being non viable fetuses. He submitted that unborn twins were 'viable" as being capable of sustaining life independently of the mother,albeit, for a very short period of time.
For the purposes of his application he submitted that the unborn twins should be characterised as being bodies and therefore subject to the jurisdiction of the Coroner to make then a party to the current Inquest.
He pointed out that Mr Monaghan was at the proceedings for a first time and had not attended the inquests of his wife, daughter and mother-in-law.
But because of his own belief and the way he looked upon the unborn twins he felt it was imperative that the argument should be put before the Inquest.
Mr Fox said his client had experienced a "tremendous tragedy" and urged the Coroner to ameliorate the grief which he had suffered.
Before coming to his decision, Mr Leckey said he had studied the relevant legislation and authorities on the matter which pointed to him being without jurisdiction.
The Coroner said he had no jurisdiction over stillbirths and his counsel, Gemma Loughran gave the legal definition as complete expulsion or extraction from the mother after the 24th week of a child which did not at any time breathe or show any other signs of life Mr Leckey again said, as far as he was concerned 31 persons died, but for legal reasons he could only claim jurisdiction over 29. He said as far as he was concerned they were living healthy babies, though unborn.
He extended his deepest sympathy to Mr Monaghan and told him he hoped "the wicked people responsible for the tragedy would be apprehended and punished by the Courts."
The application for legal status of the unborn twins could have been dealt with differently had the twins been expelled from the mother's womb and had shown signs of life.
It is understood the Coroner could then have claimed jurisdiction.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1494
Published Date: 05-Oct-00
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