JUDGE'S CRITICISM OF POLICE WAS JUSTIFIED SAYS OMAGH FATHER
Judge's criticism of police was justified says Omagh father
BY RONAN McSHERRY
THE father of an Omagh bomb victim has defended the judge who acquitted Sean Hoey of murdering the 29 people and unborn twins killed in the 1998 Real IRA attack.
Michael Gallagher, who lost his 21-year-son Aidan in the blast, was reacting to an independent report released yesterday (Wednesday) that criticises Mr Justice Weir's comments at the end of the trial. The Policing Board - which holds the police to account - commissioned and has subsequently adopted the review.
Mr Justice Weir was scathing of police evidence given under oath during the trial and said the officers were guilty of a 'deliberate and calculated deception.' Two police
officers were accused in the trial by defence lawyers of having 'beefed up' statements, a term that was taken up later by the judge.
However Sir Dan Crompton and David Blakey, both former chief constables, along with Graham Shaw BA, who were appointed to examine issues arising from the judgement, stated, "We have seldom seen more caustic criticism of police evidence since the officers were, in effect, branded as liars and their evidence declared totally unreliable. For a senior Judge to 'throw out' all charges, partly on what he saw as discreditable police scientific evidence, is a matter of profound concern. This was bound to be exacerbated in the public mind by the abnormally critical nature of his written judgement and the publicity it attracted."
Speaking to the Ulster Herald. Mr Gallagher, chairman of the Omagh Self Help and Support Group, described the report as 'limited' and again called for a full public inquiry.
"It is wrong to criticise the judge and I think he was not at fault in this case. We feel this is another limited report that is trying to put the cap on Omagh a few weeks before the tenth anniversary. The judge was not the person responsible for arresting Sean Hoey nor was he in charge of the forensic exhibits or the one who decided to go to court with the case. Those decisions were made by the PSNI and the Crown Prosecution Service. The judge only stated the obvious that there were serious failings and the case did not rise to the standard of proof needed in a court of law."
The review also upheld a decision by a PSNI deputy chief constable not to suspend the two officers - Philip Marshall, who has since risen to the rank of Detective Chief Inspector and scenes of crime of officer Fiona Cooper, who is now a PSNI constable - from duty after the judge's criticism of them and referral of the case to the Police Ombudsman.
Mr Gallagher believes it would have been 'more prudent' to wait on the outcome of the Ombudman's investigation before commenting on it.
"The real question has to be asked is if it was the Northern Ireland fire brigade or the ambulance service being held to account with regard to the death of 31 people and the injury of hundreds of others would there be this much of an attempt to try and take the heat off them," he added.
Mr Gallagher who was present for the 55 days of Hoey's trial, stated that based on the evidence the judge made the 'correct call'.
West Tyrone MP Pat Doherty said that the report lacked substance in a number of key areas, was published without reference to other outstanding reports and left many of the questions raised by the trial judge unanswered.
According to the MP "In its current state the report is incomplete and does not take into account reports due from the Police Ombudsman and the PPS which may lead to further judicial proceedings As it stands this report does not satisfy the statutory requirements of the Policing Board and undermines public confidence in the role of the Policing Board to effectively hold the PSNI to account".
Mr Doherty also called for, 'a full public inquiry into the events surrounding the Omagh bomb.'
Read the full report on our website www.ulsterherald.com
BY RONAN McSHERRY
THE father of an Omagh bomb victim has defended the judge who acquitted Sean Hoey of murdering the 29 people and unborn twins killed in the 1998 Real IRA attack.
Michael Gallagher, who lost his 21-year-son Aidan in the blast, was reacting to an independent report released yesterday (Wednesday) that criticises Mr Justice Weir's comments at the end of the trial. The Policing Board - which holds the police to account - commissioned and has subsequently adopted the review.
Mr Justice Weir was scathing of police evidence given under oath during the trial and said the officers were guilty of a 'deliberate and calculated deception.' Two police
officers were accused in the trial by defence lawyers of having 'beefed up' statements, a term that was taken up later by the judge.
However Sir Dan Crompton and David Blakey, both former chief constables, along with Graham Shaw BA, who were appointed to examine issues arising from the judgement, stated, "We have seldom seen more caustic criticism of police evidence since the officers were, in effect, branded as liars and their evidence declared totally unreliable. For a senior Judge to 'throw out' all charges, partly on what he saw as discreditable police scientific evidence, is a matter of profound concern. This was bound to be exacerbated in the public mind by the abnormally critical nature of his written judgement and the publicity it attracted."
Speaking to the Ulster Herald. Mr Gallagher, chairman of the Omagh Self Help and Support Group, described the report as 'limited' and again called for a full public inquiry.
"It is wrong to criticise the judge and I think he was not at fault in this case. We feel this is another limited report that is trying to put the cap on Omagh a few weeks before the tenth anniversary. The judge was not the person responsible for arresting Sean Hoey nor was he in charge of the forensic exhibits or the one who decided to go to court with the case. Those decisions were made by the PSNI and the Crown Prosecution Service. The judge only stated the obvious that there were serious failings and the case did not rise to the standard of proof needed in a court of law."
The review also upheld a decision by a PSNI deputy chief constable not to suspend the two officers - Philip Marshall, who has since risen to the rank of Detective Chief Inspector and scenes of crime of officer Fiona Cooper, who is now a PSNI constable - from duty after the judge's criticism of them and referral of the case to the Police Ombudsman.
Mr Gallagher believes it would have been 'more prudent' to wait on the outcome of the Ombudman's investigation before commenting on it.
"The real question has to be asked is if it was the Northern Ireland fire brigade or the ambulance service being held to account with regard to the death of 31 people and the injury of hundreds of others would there be this much of an attempt to try and take the heat off them," he added.
Mr Gallagher who was present for the 55 days of Hoey's trial, stated that based on the evidence the judge made the 'correct call'.
West Tyrone MP Pat Doherty said that the report lacked substance in a number of key areas, was published without reference to other outstanding reports and left many of the questions raised by the trial judge unanswered.
According to the MP "In its current state the report is incomplete and does not take into account reports due from the Police Ombudsman and the PPS which may lead to further judicial proceedings As it stands this report does not satisfy the statutory requirements of the Policing Board and undermines public confidence in the role of the Policing Board to effectively hold the PSNI to account".
Mr Doherty also called for, 'a full public inquiry into the events surrounding the Omagh bomb.'
Read the full report on our website www.ulsterherald.com
Further Information
Publisher: ULSTER HERALD
Ref: UH/1953
Published Date: 10-Jul-08
Related Images
There have been no images archived for this article.