Court hears of confusion over Omagh defendant

A garda sergeant has told the Special Criminal Court that there is no proof that a man suspected of involvement in the Omagh bombing was in possession of explosives prior to the attack.

49-year-old Colm Murphy, from Jordan’s Corner, Ravensdale, Dundalk, Co Louth, was arrested in February 1999 on suspicion of possession of explosives.

His lawyer is challenging the legality of the arrest on the grounds that the gardai had no proof whatsoever that his client ever handled explosives.

Referring to a garda briefing document about his client, Michael O’Higgins, SC, told the court: "There is not a line in that report detailing any movements of Mr Murphy being in possession of an explosive substance in or about Dundalk on August 15 or 13."

Garda sergeant Denis Fallon admitted there was no proof but said he suspected Mr Murphy had handled the Omagh bomb because his mobile phone was traced to Omagh on the day of the bombing.

Mr O’Higgins also pointed to other inconsistencies in garda information, highlighting an apparent confusion over which paramilitary outfit Mr Murphy was suspected of being involved with.

A report drawn up before Mr Murphy’s arrest said he was associated with Republican Sinn Fein and the Continuity IRA.

However, sergeant Fallon later made a statement saying he believed Mr Murphy to be a member of the Real IRA, a completely separate group.

Mr Murphy was never charged with possession of explosives, despite being arrested on suspicion of doing so.

However, he was charged with conspiring to cause the Omagh bombing and with membership of the Real IRA. Although the defendant has alibis for the day of the attack, the prosecution has suggested that he lent his mobile phone to those who carried out the bombing.

He is the only person to be charged to date in connection with the attack on August 15, 1998, which killed 29 people.