Trial protection demand for ex-IRA British agent

Former IRA man turned British agent Kevin Fulton must be given special protection if he gives evidence at the Omagh bomb trial, a court heard today.

Counsel for Mr Fulton told the High Court in Belfast that his client would be seeking screening over and above the normal protection granted to witnesses if he gives evidence at the trial of Sean Hoey in Belfast.

Lawyers for the defendant want to question Mr Fulton about his role in the 1998 Omagh bombing. He is alleged to have given five warnings between July and August 1998 about the blast, which killed 29 people.

Mr Fulton's barrister Andrew Moriarty said: "We are seeking extensive screening and protection of Mr Fulton.

“We would be looking for screening, perhaps over and above that which the legislation provides for, and, given the security concerns that would exist with Mr Fulton giving evidence, we would be anxious that provisions would be put in place to allow for his safe entry and exit from the court.”

The Newry informant is willing to give evidence provided his request for protection is granted.

Hoey’s defence team, which is led by Orlando Pownall, should begin presenting their position some time next month and want to call Mr Fulton.

They have a separate application before Mr Justice Weatherup for disclosure of documents from the Northern Ireland Police Ombudsman Nuala O’Loan who has investigated the informant’s involvement in the Omagh case.

The ombudsman concluded in a 2001 report on the police investigation into Omagh that five warnings which Mr Fulton gave would not have been enough to stop the carnage.

One of the key focuses of her investigation was on whether Mr Fulton had been regarded as a reliable informant.

He worked for the police between 1993 and 1994, and 1996 and 2001.

Hoey, 37, from Molly Road, Jonesborough, south Armagh, denies 58 terrorism charges including 29 murders at Omagh.

A massive car bomb exploded on Market Street in the Co Tyrone town on a busy shopping day and left the bodies scattered around the area. It left a large crater in the road and caused horrific injuries.

Martin O’Rourke, appearing at the High Court for Hoey, said he was anxious to have the witness and all the police ombudsman’s documentation on Omagh available as soon as possible.

“We will do everything that the witness seeks in order to secure his attendance or his evidence in court,” he said.

The trial of Hoey began earlier this month and is expected to run until the end of this year and possibly beyond that.

Mr Justice Weatherup said it would be for Omagh trial judge Mr Justice Weir to rule on applications for Mr Fulton’s protection but added that he would hear arguments about the ombudsman’s evidence on October 27.