quirk
04-07-2008, 05:04 PM
Families of some of the 29 people killed in the Omagh bombing are beginning a civil action, seeking damages from five men they claim were responsible.
It's believed to be the first time anywhere in the world that alleged members of a terrorist organisation have been sued.
No-one can be jailed as a result of the action, but the families hope it will help uncover the truth about what happened.
It was the worst single atrocity in the history of the Troubles.
Twenty-nine people died - men, women and children, Catholics and Protestants, visitors and natives - and hundreds of others were injured when a bomb ripped through Omagh shortly after 3pm on 15 August 1998.
'Butchery'
The reaction was one of outrage. Tony Blair called it "an appalling act of savagery" and Bill Clinton, then the US President, described it as "butchery".
The British and Irish governments, and the RUC and Gardaí, all pledged that no stone would be left unturned in the search for the killers.
But almost 10 years later, no-one has been convicted of the murders.
Speaking after south Armagh man Sean Hoey was acquitted of 58 charges, including the Omagh bombing in December, Chief Constable Sir Hugh Orde said it was now unlikely that anyone would ever be convicted, unless one of those involved makes a confession.
The families of the victims believe no-one will ever go to jail for the murders.
So some of them are taking a civil action, claiming compensation from five men they claim were responsible for the attack.
To secure a criminal conviction, it is necessary to prove a person is guilty beyond reasonable doubt.
A civil action, such as a claim for damages, is instead decided on the balance of probabilities, which requires a much lower standard of proof.
A civil court is also less stringent in terms of what can be entered as evidence, and the families hope their legal team will be able to use that extra latitude to put as much information as possible about the attack into the public domain.
The five men who are being sued deny any involvement in the attack. They are:
* Michael McKevitt, the alleged founder of the Real IRA who is serving a 20-year sentence in the Republic of Ireland for directing terrorism;
* Colm Murphy, who in January 2002 was sentenced to 14 years in jail for conspiracy to cause the Omagh bombing - the conviction was overturned on appeal and he is awaiting a retrial;
* Seamus Daly, from Castleblayney in County Monaghan, who was sentenced to three years after being found guilty of membership of an illegal organisation;
* Liam Campbell from Dundalk, who has also served a prison sentence for being a member of an illegal organisation;
* Armagh man Seamus McKenna, who served six years for possession of explosives.
"We see this as our last chance for justice in the courts," says Michael Gallagher, whose 21-year-old son Aidan was one of those killed on that sunny August afternoon.
"The criminal justice system has failed the families.
"After the bombing there were lots of fantastic promises of help and we were assured that everything possible would be done to catch those responsible, but the people who made those promises haven't lived up to them."
The civil action is expected to last eight weeks.
Legal history will be made when the judge, Mr Justice Morgan, travels to Dublin for two weeks to hear evidence from 24 garda officers whom the families believe have valuable information about what happened.
Special commission
It will be the first time a judge from Northern Ireland has travelled to the Republic on judicial business. He will head up a special commission, assisted by an Irish judge.
The families want the gardaí to give evidence on the Real IRA and its leadership, and to corroborate the evidence of David Rupert, an American trucker who infiltrated the Real IRA for the FBI.
His evidence helped to convict McKevitt of directing terrorism, but he is refusing to appear as a witness in the civil action.
The families believe some of the garda officers also have relevant intelligence information about those being sued.
But it's unclear just how much co-operation the garda officers will be prepared to give.
Police in the Republic say they have not ruled out bringing charges against those who bombed Omagh, and it's understood they have received legal advice warning that evidence given during the civil action could jeopardise future criminal proceedings.
Warnings claim
One of those who has said he would be prepared to give evidence is the former British army agent known as Kevin Fulton, who infiltrated both the Provisional and later the Real IRA.
He claims to have delivered warnings to the RUC that an attack was about to take place at Omagh, but says the warning was ignored.
The legal action has cost about £2m.
More than £1m was raised in a public fundraising campaign supported by celebrities like Bob Geldof and former boxing world champion Barry McGuigan, former US president Bill Clinton, and former Northern Ireland secretaries of state Peter Mandelson and Sir Patrick Mayhew.
If successful, the families could be awarded damages of more than £10m, but they're keen to stress that money isn't the motivating factor.
"This has never been about the money," says Godfrey Wilson, whose 15-year-old daughter Lorraine was one of those killed in the bombing.
"This is about trying to finally uncover the truth about what happened. We need our day in court."
None of the five men being sued will attend Belfast High Court to give evidence or face cross-examination.
But Michael McKevitt has applied for a video link to be installed in his cell in Portlaoise jail, raising the possibility that the man alleged to be the leader of the Real IRA could find himself facing questions from lawyers acting for those who blame him for what happened in Omagh almost 10 years ago.
http://news.bbc.co.uk/1/hi/northern_ireland/7333273.stm
It's believed to be the first time anywhere in the world that alleged members of a terrorist organisation have been sued.
No-one can be jailed as a result of the action, but the families hope it will help uncover the truth about what happened.
It was the worst single atrocity in the history of the Troubles.
Twenty-nine people died - men, women and children, Catholics and Protestants, visitors and natives - and hundreds of others were injured when a bomb ripped through Omagh shortly after 3pm on 15 August 1998.
'Butchery'
The reaction was one of outrage. Tony Blair called it "an appalling act of savagery" and Bill Clinton, then the US President, described it as "butchery".
The British and Irish governments, and the RUC and Gardaí, all pledged that no stone would be left unturned in the search for the killers.
But almost 10 years later, no-one has been convicted of the murders.
Speaking after south Armagh man Sean Hoey was acquitted of 58 charges, including the Omagh bombing in December, Chief Constable Sir Hugh Orde said it was now unlikely that anyone would ever be convicted, unless one of those involved makes a confession.
The families of the victims believe no-one will ever go to jail for the murders.
So some of them are taking a civil action, claiming compensation from five men they claim were responsible for the attack.
To secure a criminal conviction, it is necessary to prove a person is guilty beyond reasonable doubt.
A civil action, such as a claim for damages, is instead decided on the balance of probabilities, which requires a much lower standard of proof.
A civil court is also less stringent in terms of what can be entered as evidence, and the families hope their legal team will be able to use that extra latitude to put as much information as possible about the attack into the public domain.
The five men who are being sued deny any involvement in the attack. They are:
* Michael McKevitt, the alleged founder of the Real IRA who is serving a 20-year sentence in the Republic of Ireland for directing terrorism;
* Colm Murphy, who in January 2002 was sentenced to 14 years in jail for conspiracy to cause the Omagh bombing - the conviction was overturned on appeal and he is awaiting a retrial;
* Seamus Daly, from Castleblayney in County Monaghan, who was sentenced to three years after being found guilty of membership of an illegal organisation;
* Liam Campbell from Dundalk, who has also served a prison sentence for being a member of an illegal organisation;
* Armagh man Seamus McKenna, who served six years for possession of explosives.
"We see this as our last chance for justice in the courts," says Michael Gallagher, whose 21-year-old son Aidan was one of those killed on that sunny August afternoon.
"The criminal justice system has failed the families.
"After the bombing there were lots of fantastic promises of help and we were assured that everything possible would be done to catch those responsible, but the people who made those promises haven't lived up to them."
The civil action is expected to last eight weeks.
Legal history will be made when the judge, Mr Justice Morgan, travels to Dublin for two weeks to hear evidence from 24 garda officers whom the families believe have valuable information about what happened.
Special commission
It will be the first time a judge from Northern Ireland has travelled to the Republic on judicial business. He will head up a special commission, assisted by an Irish judge.
The families want the gardaí to give evidence on the Real IRA and its leadership, and to corroborate the evidence of David Rupert, an American trucker who infiltrated the Real IRA for the FBI.
His evidence helped to convict McKevitt of directing terrorism, but he is refusing to appear as a witness in the civil action.
The families believe some of the garda officers also have relevant intelligence information about those being sued.
But it's unclear just how much co-operation the garda officers will be prepared to give.
Police in the Republic say they have not ruled out bringing charges against those who bombed Omagh, and it's understood they have received legal advice warning that evidence given during the civil action could jeopardise future criminal proceedings.
Warnings claim
One of those who has said he would be prepared to give evidence is the former British army agent known as Kevin Fulton, who infiltrated both the Provisional and later the Real IRA.
He claims to have delivered warnings to the RUC that an attack was about to take place at Omagh, but says the warning was ignored.
The legal action has cost about £2m.
More than £1m was raised in a public fundraising campaign supported by celebrities like Bob Geldof and former boxing world champion Barry McGuigan, former US president Bill Clinton, and former Northern Ireland secretaries of state Peter Mandelson and Sir Patrick Mayhew.
If successful, the families could be awarded damages of more than £10m, but they're keen to stress that money isn't the motivating factor.
"This has never been about the money," says Godfrey Wilson, whose 15-year-old daughter Lorraine was one of those killed in the bombing.
"This is about trying to finally uncover the truth about what happened. We need our day in court."
None of the five men being sued will attend Belfast High Court to give evidence or face cross-examination.
But Michael McKevitt has applied for a video link to be installed in his cell in Portlaoise jail, raising the possibility that the man alleged to be the leader of the Real IRA could find himself facing questions from lawyers acting for those who blame him for what happened in Omagh almost 10 years ago.
http://news.bbc.co.uk/1/hi/northern_ireland/7333273.stm