Police evidence 'should be treated with caution' warning

The credibility and reliability of police witnesses in a terrorist bomb trial in the North should be treated with caution, a prosecutor said today.

Gordon Kerr QC issued the warning after studying evidence from police officers investigating the discovery of a car bomb at Altmore Forest Park in Co Tyrone in April 2001.

Scenes of crime officer Fiona Cooper and investigating officer Philip Marshall gave evidence before the Belfast Crown Court trial of Sean Hoey, 37, who denies 58 terrorism charges connected with dissident republican activity.

“The court as the tribunal of fact could draw adverse inferences as to the credibility and reliability of Miss Cooper,” Mr Kerr said.

“(There is an) acknowledgement that the court should direct itself to treat her evidence with caution. In relation to Mr Marshall, a review of the transcript suggests that some of the same issues may arise with this witness.”

Police discovered the mortar device inside a van near Cappagh in mid-Ulster.

Under cross-examination by defence counsel Orlando Pownall earlier in the trial, Miss Cooper admitted amending her statement after consulting Mr Marshall.

It also emerged that she had failed to wear items of protective clothing during the operation to recover evidence.

One of the central planks of the trial of Hoey, from Molly Road, Jonesborough, Co Armagh, is the presence of low copy DNA at a number of the bomb scenes.

Trial judge Mr Justice Weir ordered transcripts of the two witnesses’ evidence to be drawn up and asked for submissions about the truthfulness of their responses.

Referring to Mr Marshall, the prosecutor conceded: “In his evidence he accepted acting in an improper way in his capacity as investigating officer at the Altmore scene and in taking statements.”

“Allowing for his confession as to impropriety he also, my lord, should be treated as a witness whose evidence should be treated with caution.”

This is the 14th day of the trial. The defendant is also accused of involvement in the 1998 Omagh bomb which killed 29 people and two unborn babies.

The court also heard evidence from retired fingerprint expert David Elliot who examined parts of a bomb found in Lisburn, near Belfast, on April 30, 1998.

Items recovered included a battery, battery switch and a lunchbox lid.

The judge was told that the date given for the examination was 25 days before the evidence were actually recovered.

Mr Pownall said: “That’s a plain mistake is it?”

The witness agreed and said he could find no reason for the oversight.

He was working at the forensic science agency in the North at the time and retired in 1998.