THE FAMILIES' LONG QUEST FOR JUSTICE
The families' long quest for justice
NO-ONE has ever been convicted for the murders of the 29 people and two unborn children killed in the Omagh bombing and the families of the victims believe no-one ever will. Police officers and lawyers concur with this analysis following the scathing criticism of the investigation into the atrocity made by Mr Justice Weir at the end of the trial of south Armagh electrician Sean Hoey in December. Mr Hoey, the only man charged with the 29 murders in Omagh, was cleared of all charges.
Six families of the bomb victims have sought recourse to civil action against the men they believe were responsible for the atrocity on Market Street on August 15, 1998. The five men being sued, Michael McKevitt, Colm Murphy, Liam Campbell, Seamus Daly and Seamus McKenna have strenuously denied any involvement in the explosion that was part of a Real IRA campaign in the months after the signing of the Good Friday Agreement ten years ago.
To secure a criminal conviction a defendant must be proven to be 'guilty beyond reasonable doubt.' A civil action with a claim for damages requires a much lower standard of proof which the Omagh families think has a much greater chance of success.
"We see this as our last chance for justice in the courts," said Michael Gallagher, whose son Aiden, (21) was killed in the explosion. If successful, the families could be awarded damages of more than �10m. However they are aware that if they win they are unlikely to get large amounts of money as none of the men being sued are believed to have assets on that scale. The victims have stressed they are not motivated by money. Godfrey Wilson, who lost his 15-year-old daughter Lorraine in the bombing, said, "This has never been about the money. This is about trying to finally uncover the truth about what happened."
The case was first formulated seven years ago and writs were served on the individuals six years ago. In the years since the explosion there has been more than 35 High Court hearings, three Court of Appeal hearings and two applications to the House of Lords. The families have had to delay the civil action in case they prejudiced their outcomes.
It is the first case of its kind anywhere in the world. Lord Brennan QC acting on behalf of the families said, "For the first time private citizens are confronting terrorists in the courts." He added that the six families have "never faltered in their resolve and remain determined to see it through to the end."
Also unprecedented in the case the judge will sit in Dublin for two weeks to hear evidence from 24 gardai officers. It will be the first time a Northern judge will sit in any other jurisdiction to take evidence.
The families legal bill is believed to be around �2m so far. They have raised just over Elm in a fundraising campaign supported by celebrities such as Bob Geldof and Barry McGuigan as well as former secretaries of state Peter Mandleson and Patrick Mayhew. They were initially granted legal aid but after a challenge by Michael McKevitt it was ruled out. The government then came back and has given the families exceptional funding of �800,000 and the expectation is that if more funding is required the government is unlikely to refuse given the sensitivities of this case. The case is expected to last for at least eight weeks.
NO-ONE has ever been convicted for the murders of the 29 people and two unborn children killed in the Omagh bombing and the families of the victims believe no-one ever will. Police officers and lawyers concur with this analysis following the scathing criticism of the investigation into the atrocity made by Mr Justice Weir at the end of the trial of south Armagh electrician Sean Hoey in December. Mr Hoey, the only man charged with the 29 murders in Omagh, was cleared of all charges.
Six families of the bomb victims have sought recourse to civil action against the men they believe were responsible for the atrocity on Market Street on August 15, 1998. The five men being sued, Michael McKevitt, Colm Murphy, Liam Campbell, Seamus Daly and Seamus McKenna have strenuously denied any involvement in the explosion that was part of a Real IRA campaign in the months after the signing of the Good Friday Agreement ten years ago.
To secure a criminal conviction a defendant must be proven to be 'guilty beyond reasonable doubt.' A civil action with a claim for damages requires a much lower standard of proof which the Omagh families think has a much greater chance of success.
"We see this as our last chance for justice in the courts," said Michael Gallagher, whose son Aiden, (21) was killed in the explosion. If successful, the families could be awarded damages of more than �10m. However they are aware that if they win they are unlikely to get large amounts of money as none of the men being sued are believed to have assets on that scale. The victims have stressed they are not motivated by money. Godfrey Wilson, who lost his 15-year-old daughter Lorraine in the bombing, said, "This has never been about the money. This is about trying to finally uncover the truth about what happened."
The case was first formulated seven years ago and writs were served on the individuals six years ago. In the years since the explosion there has been more than 35 High Court hearings, three Court of Appeal hearings and two applications to the House of Lords. The families have had to delay the civil action in case they prejudiced their outcomes.
It is the first case of its kind anywhere in the world. Lord Brennan QC acting on behalf of the families said, "For the first time private citizens are confronting terrorists in the courts." He added that the six families have "never faltered in their resolve and remain determined to see it through to the end."
Also unprecedented in the case the judge will sit in Dublin for two weeks to hear evidence from 24 gardai officers. It will be the first time a Northern judge will sit in any other jurisdiction to take evidence.
The families legal bill is believed to be around �2m so far. They have raised just over Elm in a fundraising campaign supported by celebrities such as Bob Geldof and Barry McGuigan as well as former secretaries of state Peter Mandleson and Patrick Mayhew. They were initially granted legal aid but after a challenge by Michael McKevitt it was ruled out. The government then came back and has given the families exceptional funding of �800,000 and the expectation is that if more funding is required the government is unlikely to refuse given the sensitivities of this case. The case is expected to last for at least eight weeks.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1937
Published Date: 10-Apr-08
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