UH/1654

January date set for Omagh civil action
BY NIGEL MCDONAGH

THE FBI spy who will testify in the £10 million court action against five men suspected of carrying out the Omagh bombing should be allowed to give evidence from America to protect his life, the High Court in Belfast heard last Friday.
Families of Omagh bomb victims were present at a preliminary hearing of the unprecedented civil action against Seamus Daly, Seamus McKenna, Michael McKevitt, Liam Campbell and Colm Murphy when a provisional date in January 2005 was set for the trial.
The men are being sued by the Omagh Victims Civil Action Group and while there can be no convictions for murder because it is not a criminal case, the families could be awarded damages against the accused.
David Rupert, an FBI and MI5 spy who testified in the Dublin trial of Real IRA leader Michael McKevitt, is to give evidence for the relatives in the civil action.
Representing the families, Lord Brennan QC, told the court that lawyers will make an application for Rupert to give evidence by way of a video link with the United States to protect his life.
Lord Brennan said the case had properly been described as historic, as it was the first time in the British jurisdiction that a civil claim had been made against a terrorist organisation in respect of a terrorist outrage.
He said, "It is very important that a trial date is fixed today or at least a likely indication is given to the public so that these proceedings are seen to be coming to an end.
"We intend to call a witness called David Rupert who, on behalf of the FBI, infiltrated the Real IRA and was a witness in a case against McKevitt where he was convicted. David Rupert's involvement in that trial led to the most elaborate security measures which represented a great strain on the security services.
"We will make an application at an appropriate time for David Rupert to give evidence by way of video link between the United States and this court."
Objecting to the trial date in January, barristers acting on behalf of McKenna, McKevitt and Campbell said there were outstanding issues concerning legal aid for the clients.
Lord Brennan replied, "We submit this matter of legal aid is not a sufficient reason to delay this case. If they are not to get legal aid so be it."
Mr Justice Higgins accepted that the legal aid issues needed to be resolved but he said they should not "create a barrier" to the case going ahead.
Mr Justice Higgins then proposed to fix a provisional date of January 17 2005 but said he will review the matter in June when the legal aid situation should be clearer.
Afterwards, Michael Gallagher, whose son Aidan was killed in the 1998 bombing, described the preliminary hearing as an "historic day" and a "giant step down the road to justice."
He said, "We promised our loved ones and supporters that we would not falter in pursuing this matter to the end. Now the end is clearly in our sights."
Mr Gallagher also welcomed the fact that David Rupert will give evidence in the civil action. "Rupert was somebody who was at the centre of the McKevitt trial in Dublin because of the knowledge he has, so I imagine his impact on the civil case will be fairly significant and I am sure it will be very informative to hear what he has to say," he said.
SDLP Cllr, Joe Byrne voiced his continuing support for the families of.the Omagh tragedy. He said, "The SDLP will continue to press the police for prosecutions for those responsible for the tragedy in Omagh. We strongly support the families of the victims in their search for truth and justice."