BID TO RULE OUT PSNI EVIDENCE IN OMAGH BOMB CIVIL CASE FAILS
Bid to rule out PSNI evidence in Omagh bomb civil case fails
BY RONAN McSHERRY
r.mcsherry@ulsterherald.com
THE second week of the case being taken by relatives of six of the Omagh bomb victims has heard evidence regarding mobile phones used by the alleged bombers on the day of the atrocity. There has also been a failed bid by the lawyers of the men being sued to bar PSNI evidence and an explanation that the FBI has forbidden their agent David Rupert agent who infiltrated the Real IRA from attending the High Court trial in Belfast.
The families are suing five men - Michael McKevitt, Liam Campbell, Colm Murphy, Seamus Daly and Seamus McKenna - for �14 million exemplary damages. All five deny any part in the bombing on Market Street that killed 29 people and unborn twins on August 15, 1998. The families have taken the civil action for damages as they believe there is little likelihood of anybody being convicted of the bombing in the criminal court.
An attempt by lawyers of the five men to have all evidence from the PSNI banned from the case was unsuccessful. Mary Higgins QC, appearing for Murphy and Daly claimed their right to a fair trial was threatened by the level of assistance police had given to the Omagh families. Mr Justice Brennan refused her application saying that without any legal authorities it was impossible to rule in favour of the defendants.
The families wish to submit transcripts of evidence from spy, David Rupert, as part of their landmark case. His testimony formed a major part of the prosecution case that sent Real IRA leader Michael McKevitt to jail for 20 years in 2003 for directing the activities of an illegal organisation. On Monday a barrister acting for McKevitt said he understood that the FBI had simply 'vetoed' any appearance by Rupert in Belfast.
Submissions on Rupert's evidence are due to be heard next week and if Mr Justice Morgan admits the series of emails then Michael O'Higgins SC said he would be seeking an explanation as to why Rupert was not appearing in court. If his evidence is admitted then Mr O'Higgins said the defendants' legal teams would want 'live witnesses' who could explain his absence and who could be cross-examined.
He said, "When we deal with admissibility, one of the issues we deal with is why Mr Rupert isn't here. I mean in the wider sense, on the television and not necessarily in the witness box."
Also this week, a former fraud and crime investigator with mobile phone giant Vodafone said his staff spent 'two or three months' trawling the records of four mobile phone numbers given to them by the RUC.
The cell site analysis was given to the police on phones identified in court as belonging to people named Murphy, Morgan, Treanor and Brady, and released under the Data Protection Act.
Raymond Green, who worked with Vodafone for nine years, described his efforts to assist the RUC and Gardai as 'very significant.'
He told the court that in November 1998 the RUC requested information on calls made to and from four mobile phones, including dates, times and the duration of the calls made from the phones. Questioned by Lord Brennan QC, for the families, he gave details on the signal strengths from cell sites used in mobile calls. One of those under scrutiny related to the mast in the centre of Omagh. The court was told this mast had transmitted calls from the phones being investigated.
An expert in telecommunication cell site analysis also identified 20 calls made from four mobile phones between Dundalk and Omagh on the day of the bombing. Peter Uglow gave detailed evidence tracing the routes taken by phones, two of which were described as the Murphy and Daly phones. The case continues and is expected to last for eight weeks.
BY RONAN McSHERRY
r.mcsherry@ulsterherald.com
THE second week of the case being taken by relatives of six of the Omagh bomb victims has heard evidence regarding mobile phones used by the alleged bombers on the day of the atrocity. There has also been a failed bid by the lawyers of the men being sued to bar PSNI evidence and an explanation that the FBI has forbidden their agent David Rupert agent who infiltrated the Real IRA from attending the High Court trial in Belfast.
The families are suing five men - Michael McKevitt, Liam Campbell, Colm Murphy, Seamus Daly and Seamus McKenna - for �14 million exemplary damages. All five deny any part in the bombing on Market Street that killed 29 people and unborn twins on August 15, 1998. The families have taken the civil action for damages as they believe there is little likelihood of anybody being convicted of the bombing in the criminal court.
An attempt by lawyers of the five men to have all evidence from the PSNI banned from the case was unsuccessful. Mary Higgins QC, appearing for Murphy and Daly claimed their right to a fair trial was threatened by the level of assistance police had given to the Omagh families. Mr Justice Brennan refused her application saying that without any legal authorities it was impossible to rule in favour of the defendants.
The families wish to submit transcripts of evidence from spy, David Rupert, as part of their landmark case. His testimony formed a major part of the prosecution case that sent Real IRA leader Michael McKevitt to jail for 20 years in 2003 for directing the activities of an illegal organisation. On Monday a barrister acting for McKevitt said he understood that the FBI had simply 'vetoed' any appearance by Rupert in Belfast.
Submissions on Rupert's evidence are due to be heard next week and if Mr Justice Morgan admits the series of emails then Michael O'Higgins SC said he would be seeking an explanation as to why Rupert was not appearing in court. If his evidence is admitted then Mr O'Higgins said the defendants' legal teams would want 'live witnesses' who could explain his absence and who could be cross-examined.
He said, "When we deal with admissibility, one of the issues we deal with is why Mr Rupert isn't here. I mean in the wider sense, on the television and not necessarily in the witness box."
Also this week, a former fraud and crime investigator with mobile phone giant Vodafone said his staff spent 'two or three months' trawling the records of four mobile phone numbers given to them by the RUC.
The cell site analysis was given to the police on phones identified in court as belonging to people named Murphy, Morgan, Treanor and Brady, and released under the Data Protection Act.
Raymond Green, who worked with Vodafone for nine years, described his efforts to assist the RUC and Gardai as 'very significant.'
He told the court that in November 1998 the RUC requested information on calls made to and from four mobile phones, including dates, times and the duration of the calls made from the phones. Questioned by Lord Brennan QC, for the families, he gave details on the signal strengths from cell sites used in mobile calls. One of those under scrutiny related to the mast in the centre of Omagh. The court was told this mast had transmitted calls from the phones being investigated.
An expert in telecommunication cell site analysis also identified 20 calls made from four mobile phones between Dundalk and Omagh on the day of the bombing. Peter Uglow gave detailed evidence tracing the routes taken by phones, two of which were described as the Murphy and Daly phones. The case continues and is expected to last for eight weeks.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1939
Published Date: 17-Apr-08
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