Bid to stop retrial rejected

THE High Court has rejected a bid by a man to stop his retrial on a conspiracy charge connected with the Real IRA Omagh bombing in which 29 people died.

Colm Murphy, aged 53, a building contractor and publican who is a native of Co Armagh but with an address at Jordan’s Corner, Ravensdale, Co Louth, had claimed the “systemic delay” in prosecuting him has prejudiced his right to a fair and speedy trial.

That delay, it was argued, included an inexcusable three-year delay by the DPP in preferring perjury charges against two gardaí who gave evidence at his first trial which opened in 2001. Such a lapse, it was argued, would amount to a breach of his constitutional rights and under the European Convention of Human Rights.

He had argued his capacity to defend himself was compromised due to short-term memory loss he sustained after an accident in the 1980s. He claimed with this memory malfunction he could not challenge details of Garda inverviews.

Yesterday, Mr Justice Iarfhlaith O’Neill found there was delay in bringing the proceedings but it didn’t breach his rights. He said the prosecution in this case was a difficult one and a considerable volume of material had to be prepared and furnished to the applicant.

The judge further held that Murphy’s memory problems “has not affected his ability to recall relevant events, and in particular his participation in interviews with members of An Garda Síochána, and to instruct his legal team accordingly”.