Anger as Omagh trial suffers false start

THE Omagh bomb trial was dramatically halted yesterday when the senior defence lawyer revealed he was unfit to proceed after leaving his sickbed.

Orlando Pownall QC disclosed he was undergoing blood tests at a London hospital.

He told Mr Justice Weir at Belfast Crown Court, where electrician Sean Hoey, 37, denies murdering 29 people killed in the Real IRA bombing: “I am unwell. I appear before you against medical advice.”

Details of the symptoms were not disclosed, but at one stage during the hearing he claimed that the expert treating him at St Anthony’s Hospital told him he had never encountered anything like it in 37 years of medical practice.

Up to 40 relatives of those who died in the August 1998 Real IRA attack packed the court for what they expected to be the opening of one of the biggest criminal cases in Irish legal history.

One woman burst into tears at the sight of Hoey, who faces a total of 58 terrorist-related charges.

The accused, from Molly Road in the border village of Jonesborough, south Armagh, sat flanked in the dock by two prison officers, wearing a corduroy jacket over a green and white striped shirt and denim jeans.

With the non-jury trial likely to run until Christmas, Mr Justice Weir expressed frustration at being informed only on Tuesday of the lawyer’s indisposition.

Clearly angered by the late application for an adjournment, he said: “This is a most unfortunate turn of events.”

He added: “These are serious charges. This is a case in which Mr Hoey must have the services of senior counsel who is fit to conduct the trial.

“I do urge the defence to get to grips with the situation, review the position earlier rather than later and to come forward with some practical suggestion as to how we should proceed.”

Mr Pownall, 54, who prosecuted BBC Crimewatch presenter Jill Dando’s killer Barry George, said he went to hospital in Cornwall on August 26, but was informed matters should clear up by the following week.

Tests carried out proved negative but, despite that, his health had not improved as he hoped and he stayed in bed until Tuesday when he travelled to the North.

He visited St Anthony’s for further tests, the results of which would be known by last night. He was reluctant to describe the symptoms.

He told the judge: “Learning for the first time yesterday of my indisposition must have been infuriating.

“But I assure the court, there was no attempt to keep you in the dark, or to railroad you into an adjournment.”

Admitting his deep embarrassment at the situation, he said he was appearing out of respect for the court and a client facing charges of unprecedented seriousness.

“One cannot lose sight of the fact that Sean Hoey deserves a fair trial, and a fair trial involves Sean Hoey being properly represented by counsel who is fit to represent his interests in what is a very complicated case.”

He said he could not guarantee being 100% fit to take charge of the defence on September 18.

But the judge demanded an urgent resolution to the uncertainty.

He said: “I will not allow this matter to remain unplanned-for until September 18. There must be some decisive decision taken on the matter and it must be done soon.”

After Gordon Kerr QC, prosecuting, expressed no objection to the adjournment, Mr Justice Weir instructed the defence to keep him fully briefed.

Outside the court, relatives said they were devastated by the new delay.

Michael Gallagher, whose son Aiden was among the victims, said: “There is utter disbelief. We came here having psyched ourselves up for this day, only to find there’s been a false start. It hasn’t been easy for the relatives and this just adds to the difficulties we all face.”

Laurence Rush, whose wife, Libby, was killed in the explosion, said he was outraged and appalled by the adjournment.

Stanley McCombe, who lost his wife, Ann, in the bombing, was angered by the delay.

“It’s taken eight years to get to this stage and within 10 or 15 minutes senior counsel says ‘I’m not well enough, I can’t deal with this’”