A judge who found a Co Monaghan man liable for the Omagh bombing did not clarify what weight was put on his later conviction for Real IRA membership, the Court of Appeal ruled.
Setting out their reasons for directing a retrial in the case of Seamus Daly, one of the men sued over the atrocity, senior judges also identified an error in the handling of evidence against him.
Lord Justice Coghlin said: “There are thus a number of evidential matters that require to be carefully considered in terms of relevance and weight, both individually and balancing them together, in the course of reaching an overall conclusion. That is not a matter for this court and, accordingly, a retrial will be ordered.”
No one has been criminally convicted for the August 1998 attack which claimed 29 lives, including the mother of unborn twins.
Daly (40) was one of four men found legally liable in June 2009 after a landmark civil action taken by victims’ relatives. Jailed Real IRA leader Michael McKevitt, fellow senior republican Liam Campbell, and Colm Murphy were also held responsible.
They were ordered to pay £1.6m in compensation.