Court reserves judgement in Omagh case

Judgment has been reserved in a High Court action brought by the families of some victims of the 1998 Omagh bombing aimed at securing documents from five persons to be used in proceedings for damages against the five in the Northern Ireland courts.

The families have brought a motion in the High Court here in which they are seeking the books of evidence and the transcripts of criminal trials involving each of the five men.

The families say those documents are relevant to an action which is to take place before the High Court in Belfast early next month.

Yesterday at the High Court in Dublin Mr Justice Paul Gilligan said that he hoped to have his judgment ready as early as possible.

The five men against whom discovery is being sought include Michael McKevitt, Beech Park, Blackrock, Co Louth, who is serving a 20 year sentence for directing terrorist activities for the Real IRA.

The Supreme Court has reserved judgment on his appeal against his conviction.

The five also include Seamus Daly, from Culloville, Castleblayney, Co Monaghan, who was sentenced to three years after being found guilty of membership of an illegal organisation and Liam Campbell, from Upper Faughart, Dundalk, who was jailed for membership of an illegal organisation.

The fourth man is Seamus McKenna, formerly of Silverbridge, Co Armagh, but with an address at Marian Park, Dundalk, who was sentenced to six years' imprisonment for unlawful possession of explosives.

They are also seeking certain materials relating to criminal proceedings taken against Co Armagh native Colm Murphy with an address at Jordan's Corner, Ravensdale, Co Louth, who is facing a re-trial on a conspiracy charge.

Mr Murphy has denied conspiring in Dundalk with another person not before the court to cause an explosion in the State or elsewhere between August 13th and 16th, 1998. All five men have opposed the discovery application.

Previously, Maurice Collins SC appearing with Mark Dunne BL, for the families, told the court what was being sought was the discovery of materials in the ordinary way for the civil proceedings due to be heard before the High Court in Belfast.

Mr Collins denied arguments that the five men would be prejudiced by discovering these materials and denied that there was any impediment to prevent the documents being handed over.

Counsel said the DPP had "no difficulty" in disclosing the materials sought.

Yesterday Counsel for Murphy and Daly, Gerard Hogan SC, argued in submissions to the court that an "implied impediment" exists in Irish Law that prohibits the materials being sought being discovered.

Counsel further argued that defendant's in criminal trials are given transcripts in the event they opt to bring an appeal, and cannot be used for collateral purposes.

Counsel also told the court that the attitude of the DPP was somewhat surprise but was in any event "by the bye".

Eanna Mulloy SC for McKevitt, Campbell and McKenna (the latter two have completed their sentences) said that material contained in the books of evidence are only secondary to what happens during a trial, and facts contained in them are not opened before a court in the event of a guilty plea.

Counsel also pointed out that none of his clients had ever been arrested let alone charged in connection with the bombing in Omagh.