LEGAL HISTORY IS MADE AS OMAGH BOMB CASE MOVES TO DUBLIN
Legal history is made as Omagh bomb case moves to Dublin
BY RONAN McSHERRY
r.mcsherry@ulsterherald.com
LEGAL history will be made on Monday when the Omagh bomb civil trial will transfer to the Dublin Supreme Court from the High Court in Belfast for two weeks. It will be the first time a Northern Ireland judge will sit in any other jurisdiction to take evidence.
Five dissident republicans deny any part in the Real IRA bombing of Market Street that killed 29 people and unborn twins on August 15, 1998. The men being sued by the relatives of six of the victims of the blast are Michael McKevitt, Colm Murphy, Liam Campbell, Seamus Daly and Seamus McKenna. The families have sought recourse to a civil action as they believe no-one will ever be convicted in a criminal court of law. The Omagh families are seeking punitive and exemplary damages in this court action.
The plaintiffs want the gardai to give evidence on the Real IRA and its leadership, and to corroborate the evidence of David Rupert, an American trucker who infiltrated the Real IRA for the FBI. His evidence helped to convict Michael McKevitt of directing terrorism. He is currently serving a 20-year-jail term in the Republic.
It is unclear just how much cooperation the gardai officers will be prepared to give. Police in the Republic say they have not ruled out bringing charges against those who bombed Omagh, and it is understood they have received legal advice warning that evidence given during the civil action could jeopardise future criminal proceedings.
The High Court has also been told convicted Real IRA leader McKevitt has 'switched off from the civil action, taking no interest in the proceedings. Lord Brennan suggested the judge could draw an adverse inference from anyone not giving evidence as McKevitt's barrister Michael O'Higgins SC, said his client has expressed no interest in taking part in the trial when it moves to Dublin.
However McKevitt has lost his fight to have hearsay evidence from the FBI spy David Rupert excluded from the case. Mr Justice Morgan ruled that more than 2,300 pages of emails and documents involving Rupert can be introduced. The judge also stated the significance of that evidence could be contested.
Since last week relatives of the Omagh bomb victims have also heard they could just receive �2,500 each in compensation if they win their landmark civil action. The potential pay-outs were disclosed as a defence barrister claimed it would have been impossible for the families to sue without financial backing from the British government.
Mary Higgins QC for Colm Murphy and Seamus Daly urged that the highest standard of proof be adapted in the case which she claimed was not about a desire for compensation rather to punish people the families believed were involved in the bombing 'in the most severe way for the rest of their lives.' To secure a criminal conviction, it is necessary to prove a person is guilty beyond reasonable doubt. A civil action, such as a claim for damages, is instead decided on the balance of probabilities, which requires a much lower standard of proof.
The trial continues.
BY RONAN McSHERRY
r.mcsherry@ulsterherald.com
LEGAL history will be made on Monday when the Omagh bomb civil trial will transfer to the Dublin Supreme Court from the High Court in Belfast for two weeks. It will be the first time a Northern Ireland judge will sit in any other jurisdiction to take evidence.
Five dissident republicans deny any part in the Real IRA bombing of Market Street that killed 29 people and unborn twins on August 15, 1998. The men being sued by the relatives of six of the victims of the blast are Michael McKevitt, Colm Murphy, Liam Campbell, Seamus Daly and Seamus McKenna. The families have sought recourse to a civil action as they believe no-one will ever be convicted in a criminal court of law. The Omagh families are seeking punitive and exemplary damages in this court action.
The plaintiffs want the gardai to give evidence on the Real IRA and its leadership, and to corroborate the evidence of David Rupert, an American trucker who infiltrated the Real IRA for the FBI. His evidence helped to convict Michael McKevitt of directing terrorism. He is currently serving a 20-year-jail term in the Republic.
It is unclear just how much cooperation the gardai officers will be prepared to give. Police in the Republic say they have not ruled out bringing charges against those who bombed Omagh, and it is understood they have received legal advice warning that evidence given during the civil action could jeopardise future criminal proceedings.
The High Court has also been told convicted Real IRA leader McKevitt has 'switched off from the civil action, taking no interest in the proceedings. Lord Brennan suggested the judge could draw an adverse inference from anyone not giving evidence as McKevitt's barrister Michael O'Higgins SC, said his client has expressed no interest in taking part in the trial when it moves to Dublin.
However McKevitt has lost his fight to have hearsay evidence from the FBI spy David Rupert excluded from the case. Mr Justice Morgan ruled that more than 2,300 pages of emails and documents involving Rupert can be introduced. The judge also stated the significance of that evidence could be contested.
Since last week relatives of the Omagh bomb victims have also heard they could just receive �2,500 each in compensation if they win their landmark civil action. The potential pay-outs were disclosed as a defence barrister claimed it would have been impossible for the families to sue without financial backing from the British government.
Mary Higgins QC for Colm Murphy and Seamus Daly urged that the highest standard of proof be adapted in the case which she claimed was not about a desire for compensation rather to punish people the families believed were involved in the bombing 'in the most severe way for the rest of their lives.' To secure a criminal conviction, it is necessary to prove a person is guilty beyond reasonable doubt. A civil action, such as a claim for damages, is instead decided on the balance of probabilities, which requires a much lower standard of proof.
The trial continues.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1943
Published Date: 08-May-08
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