BOMB VICTIMS HUSBAND DEVASTATED BY COURT RULING
Bomb victim's husband 'devastated' by court ruling
BY RONAN McSHERRY
r.mcsherry@ulsterherald.com
THE husband of one of the victims of the Omagh bomb is going to appeal against a High Court decision to threw out his case against the Chief Constable and Northern Ireland Secretary over alleged failures to stop the atrocity and arrest the perpetrators.
Lawrence Rush told theUlster Herald he is "devastated" by the ruling and accused the judiciary of not taking into account the human rights of his late wife Libby (Elizabeth).
Master Bell, sitting in the High Court, decreed that the Real IRA was solely to blame for the bomb in Omagh on August 22,1998 which claimed the lives of 31 people, including unborn twins.
Mr Rush brought a case against the Chief Constable and NI Secretary over alleged failures in the apprehension, detection and pre-emptive arrest of the men. His wife, aged 57, died serving customers in her shop on Market Street, which was sited just opposite the centre of the explosion.
During arguments against striking the case out, counsel for Mr Rush identified a number of factors which he considered led to the case being exceptional. He claimed the police had information about the threat but failed to act upon it and the police had sufficient experience with bomb attacks to either have taken action to prevent the
bomb reaching Omagh or to have evacuated the area.
However the judge stated that the case "did not enjoy the potential prospect of success" and was "obviously unsustainable." The defendants, the Chief Constable and the Secretary of State, sought to have the claim struck out on the basis that it disclosed 'no reasonable cause of action or was frivolous or vexatious.'
The High Court judge said, "Those who committed the civil wrong against Mr Rush, as a result of which he tragically lost his wife, were the members of the Real IRA who organised and carried out the Omagh bombing. It was not the police or the Secretary of State."
Indicating that he will appeal against the ruling, Mr Rush said, "I am devastated. It was such a disappointing decision. It took only two minutes for the Grand Bell to rule against me. The fact is that this has gone on for 12 years and we are getting no nearer to justice.
"It was definitely a flawed investigation.
"The judge expressed his regret and commiserated with me about the loss of my wife but that doesn't bring me any justice. I am one person fighting against a machine. I am definitely taking an appeal."
BY RONAN McSHERRY
r.mcsherry@ulsterherald.com
THE husband of one of the victims of the Omagh bomb is going to appeal against a High Court decision to threw out his case against the Chief Constable and Northern Ireland Secretary over alleged failures to stop the atrocity and arrest the perpetrators.
Lawrence Rush told theUlster Herald he is "devastated" by the ruling and accused the judiciary of not taking into account the human rights of his late wife Libby (Elizabeth).
Master Bell, sitting in the High Court, decreed that the Real IRA was solely to blame for the bomb in Omagh on August 22,1998 which claimed the lives of 31 people, including unborn twins.
Mr Rush brought a case against the Chief Constable and NI Secretary over alleged failures in the apprehension, detection and pre-emptive arrest of the men. His wife, aged 57, died serving customers in her shop on Market Street, which was sited just opposite the centre of the explosion.
During arguments against striking the case out, counsel for Mr Rush identified a number of factors which he considered led to the case being exceptional. He claimed the police had information about the threat but failed to act upon it and the police had sufficient experience with bomb attacks to either have taken action to prevent the
bomb reaching Omagh or to have evacuated the area.
However the judge stated that the case "did not enjoy the potential prospect of success" and was "obviously unsustainable." The defendants, the Chief Constable and the Secretary of State, sought to have the claim struck out on the basis that it disclosed 'no reasonable cause of action or was frivolous or vexatious.'
The High Court judge said, "Those who committed the civil wrong against Mr Rush, as a result of which he tragically lost his wife, were the members of the Real IRA who organised and carried out the Omagh bombing. It was not the police or the Secretary of State."
Indicating that he will appeal against the ruling, Mr Rush said, "I am devastated. It was such a disappointing decision. It took only two minutes for the Grand Bell to rule against me. The fact is that this has gone on for 12 years and we are getting no nearer to justice.
"It was definitely a flawed investigation.
"The judge expressed his regret and commiserated with me about the loss of my wife but that doesn't bring me any justice. I am one person fighting against a machine. I am definitely taking an appeal."
Further Information
Publisher: ULSTER HERALD
Ref: UH/2001
Published Date: 20-May-10
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