FAMILY DETERMINED TO CONTINUE LEGAL ACTION IN QUEST FOR TRUTH
Family determined to continue legal action in quest for truth
BY RYAN McALEER
r.mcaleer@ulsterherald.com
THE solicitor who represented the late Laurence Rush for more than a decade has confirmed that the Rush family are to continue their legal action against the Secretary of State and the Chief Constable of the PSNI.
Deny solicitor Des Doherty, who along with Michael Mansfield QC, represented Mr Rush for over ten years until he passed away on Sunday, has said that he will continue to act on behalf of the family for the litigation, in order to establish the truth about what the British Government, police and security services knew about the August 151998 bomb, both before and after the atrocity.
In February 2011, Belfast High Court judge Mr Justice Gillen reversed a decision by Master Bell in May 2010 to strike out Mr Rush's case to seek damages from the government and police over alleged mishandling of the Omagh bomb.
Mr Rush brought the case on a number of alleged failings, including the fact that the British electronic intelligence agency GCHQ, recorded mobile phone exchanges between the Omagh bombers on the day of the attack. While Mr Rush did not live to see members of the government and security services put on the stand for the litigation trial, which is expected to take place next year, his solicitor affirmed that the late campaigner died knowing that a significant victory had already been won in quest for truth following last February's High Court decision.
Speaking to the UIster Herald this week, Mr Doherty said, "The Rush family can't lose, that's our view. Because the process itself by holding the state accountable by getting them into court is a success in itself.
"But in order to hold the state accountable in the form of the police, government and security services, the legal action that Laurence has taken is the only way to do it at the moment, unless the British and potentially the Irish Governments come up with some other mechanism to deal with the case for the families."
Describing Mr Rush as "the model client," who was both "patient and respectful," the Derry solicitor said the Omagh man was always well ahead of the legal team in terms of documentation and analysis.
"Laurence as a man of integrity asked the difficult questions and took the difficult decisions and followed them through.
"It was clear to me that he was not in any way a broken man in terms of his own stature in terms of dealing with the case, but he was heartbroken over the death of his wife."
Stressing that there was never any dispute that the Real IRA were responsible for the Omagh bomb, Mr Doherty said, "What we need to know now is the truth about what the state in the form of the police and the government or the security services knew about Omagh on the day, or before and after.
"I am in no doubt that they are going to do everything that they can to stop us getting access to what they will class as sensitive material.
"But you can imagine the consternation and concern that will cause not only Laurence's family but all of the families, because they will ask, 'What is it that they are trying to hide?'," said Mr Doherty.
"I remember Laurence being philosophical and saying, 'Are the government waiting for me to die for this to stop?' He spoke of governments having 100 year plans to wait for people who are a thorn in their side to go away. But he said he would never stop, never give up."
BY RYAN McALEER
r.mcaleer@ulsterherald.com
THE solicitor who represented the late Laurence Rush for more than a decade has confirmed that the Rush family are to continue their legal action against the Secretary of State and the Chief Constable of the PSNI.
Deny solicitor Des Doherty, who along with Michael Mansfield QC, represented Mr Rush for over ten years until he passed away on Sunday, has said that he will continue to act on behalf of the family for the litigation, in order to establish the truth about what the British Government, police and security services knew about the August 151998 bomb, both before and after the atrocity.
In February 2011, Belfast High Court judge Mr Justice Gillen reversed a decision by Master Bell in May 2010 to strike out Mr Rush's case to seek damages from the government and police over alleged mishandling of the Omagh bomb.
Mr Rush brought the case on a number of alleged failings, including the fact that the British electronic intelligence agency GCHQ, recorded mobile phone exchanges between the Omagh bombers on the day of the attack. While Mr Rush did not live to see members of the government and security services put on the stand for the litigation trial, which is expected to take place next year, his solicitor affirmed that the late campaigner died knowing that a significant victory had already been won in quest for truth following last February's High Court decision.
Speaking to the UIster Herald this week, Mr Doherty said, "The Rush family can't lose, that's our view. Because the process itself by holding the state accountable by getting them into court is a success in itself.
"But in order to hold the state accountable in the form of the police, government and security services, the legal action that Laurence has taken is the only way to do it at the moment, unless the British and potentially the Irish Governments come up with some other mechanism to deal with the case for the families."
Describing Mr Rush as "the model client," who was both "patient and respectful," the Derry solicitor said the Omagh man was always well ahead of the legal team in terms of documentation and analysis.
"Laurence as a man of integrity asked the difficult questions and took the difficult decisions and followed them through.
"It was clear to me that he was not in any way a broken man in terms of his own stature in terms of dealing with the case, but he was heartbroken over the death of his wife."
Stressing that there was never any dispute that the Real IRA were responsible for the Omagh bomb, Mr Doherty said, "What we need to know now is the truth about what the state in the form of the police and the government or the security services knew about Omagh on the day, or before and after.
"I am in no doubt that they are going to do everything that they can to stop us getting access to what they will class as sensitive material.
"But you can imagine the consternation and concern that will cause not only Laurence's family but all of the families, because they will ask, 'What is it that they are trying to hide?'," said Mr Doherty.
"I remember Laurence being philosophical and saying, 'Are the government waiting for me to die for this to stop?' He spoke of governments having 100 year plans to wait for people who are a thorn in their side to go away. But he said he would never stop, never give up."
Further Information
Publisher: ULSTER HERALD
Ref: UH/2041
Published Date: 08-Mar-12
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