Whatever the result, Omagh case is historic

Now in its fourth week, the Omagh bomb civil action is moving into a crucial stage. Lesley-Anne Henry reports

Wednesday, May 07, 2008

Relatives of six bomb victims — Geraldine Bresline (43), Aiden Gallagher (21), Esther Gibson (36), Anne McCombe (45), Alan Radford (16) and Lorraine Wilson — are suing five men they believe to have been involved in the Real IRA bomb that slaughtered 29 people and unborn twins on a summer's day in August 1998.

No one can be jailed as a result of their action but the families hope it will help uncover the truth about what happened and give them some sort of justice.

All five defendants, Micheal McKevitt, Liam Campbell, Colm Murphy, Seamus Daly and Seamus McKenna, deny any part in the explosion.

Last week Belfast High Court heard how Real IRA quartermaster McKevitt, who is serving 20 years in Portlaoise Prison for directing terrorism, has effectively shunned the case. His alleged second-in-command, Liam Campbell, has also taken no interest and is the only defendant not legally represented at the civil action.

The families hope their legal team, headed by Lord Daniel Brennan, can use the civil proceedings to put as much information as possible about the attack into the public domain.

To date, the landmark trial has heard from shoppers who watched the bombers smile as they walked away from the car bomb; RUC officers who were first on the scene after the explosion; medical staff who treated the dying and wounded; telecommunications experts who traced mobile phones to the bomb cars and former detectives who quizzed Real IRA suspects. And while much of the evidence has been hard hitting, its impact has been softened becuase it has all been heard before — during criminal proceedings against Michael McKevitt, Colm Murphy and Sean Hoey as well as during the victims' inquests.

But the civil action is now into its fourth week and things are starting to hot up. Yesterday's announcement on the admissibility of hearsay evidence from an FBI agent who infiltrated the ranks of the Real IRA can be seen as a significant step for the families.

After considering the 1997 Civil Evidence Order, presiding Judge Mr Justice Morgan ruled that some 2,300 emails and other documents passed between the US trucker turned spy, David Rupert, and his security service handlers could be read to the court — giving a fascinating insight into the murky world of terrorism. Although the emails were admitted to McKevitt's criminal proceedings in 2003 much of what's coming next week has never been heard.

Speaking outside the court yesterday the families legal representatives said the real story would come out in Dublin.

Rupert worked for the FBI and MI5 from 1994 infiltrating the ranks of the Real IRA in 1997. He attended several meetings of the RIRA Army Council and gave descriptions of meetings with the terror group leader Michael McKevitt. He took the stand in Dublin and his evidence was considered instrumental in securing McKevitt's 20 year prison term. However, Mr Rupert is in hiding under an FBI witness protection programme in America and has been banned from giving evidence either in person or via videolink because of concerns for his safety.

Lawyers acting for two of the defendants, Michael McKevitt and Colm Murphy, had argued that it was unfair to admit the hearsay evidence without having an opportunity to cross-examine.

But the judge ruled it was in the interests of ensuring a fair trial for all the parties to admit Rupert's evidence.

He told the court: "Conscious of my obligation to ensure a fair trial for all of the parties I consider that this is properly achieved by permitting the plaintiffs to admit the evidence and applying the appropriate safeguards contained within the 1997 Order."

Meanwhile, the widespread publicity surrounding the civil case has also attracted some criticism for the families involved. But Godfrey Wison, whose daughter Lorraine died after being evacuated from an Oxfam charity shop into the path of the bomb, has hit back and said it was his duty as a father to join the action.

He said: "It's a struggle to get up and deal with it every day. It never entered my mind to withdraw from it. When we had questions to ask the solicitors, and doubts we had, we never considered ever removing ourselves from it.

"I wouldn't be worldly wise of the law but when a solicitor approached me to say look, there is a strong case for a civil hearing, £ I wholeheartedly went along. Because when a young girl has been destroyed and nobody is doing anything about it, then I think if, as a parent, I don't stand up and be counted, what sort of a father am I?

"It breaks my heart that I called her out of her bed at half eight in the morning to go to do charity work. If I had known what I was getting her into. When I think of what happened and me waking her out of a sound sleep, it tears the heart out of me. To think I should have locked the room and kept her in it rather than wakening her to send her to her death."