Legal threat by angry relatives of Omagh victims

The British government faces legal action within a week if it does not hand over intelligence files which could have helped catch the Omagh bombers, grieving relatives warned today.

Revelations that the security services were recording the Real IRA plotters’ phone calls on the way to Omagh in 1998 leave victims with no other option, family members told a meeting in Belfast.

Twenty-nine people, plus unborn twins, died in the worst atrocity in the North.

Michael Gallagher said there could be criminal proceedings for perverting the course of justice.

He said: “We believe the intelligence services, the police service and those who work in law and order have responsibility and have to live up to that responsibility, and there has to be some degree of accountability.

“Until we do have that, we will have an intelligence service that is possibly out of control and a law unto itself.”

Mr Gallagher was joined by around a dozen other relatives including Carol Radford and Stanley McComb.

Ms Radford said: “The whole point is to try to put the bad guys away, what is the point of gathering it (intelligence), if you are not going to use it?

“The government can’t walk away from this.”

Mr Gallagher said he would be writing to Police Service of Northern Ireland chief constable Hugh Orde and had also sent letters to the Irish and Spanish governments, whose citizens died.

“We feel that there may be a criminal act committed here, there could be the perversion of justice, there is a charge of withholding information about a serious crime,” he added.

Families have demanded an independent public inquiry on both sides to probe the failure to intercept the killers or put anybody behind bars.

Former police ombudsman Nuala O'Loan has published a damning critique of the police investigation, accusing detectives of letting down victims and their families.

Mr Gallagher said last night’s Panorama revelations left families in a similar state of shock.

“After 10 long years our questions cry out for answers. The issues raised are the meat of public inquiries both north and south of the border. The authorities should give us more immediate help.”

Hugh has admitted it is unlikely the killers will be brought to justice.

Colm Murphy was sentenced to 14 years for conspiracy to cause the explosion but the conviction was later overturned and he is awaiting a retrial.

The only person charged directly with the murders, south Armagh man Sean Hoey, was cleared of all charges last December.

His trial ended with the judge severely criticising the police, accusing the two key prosecution witnesses of lying and labelling some of the evidence useless.

In the civil case, families are seeking compensatory, aggravated and exemplary damages against five respondents.

They are Michael McKevitt, Seamus Daly, Liam Campbell, Colm Murphy and Seamus McKenna.

This is the first time in the UK and probably anywhere in the world that private citizens are confronting alleged bombers in the courts, the families said.

Last night a BBC Panorama investigation revealed the UK's electronic intelligence agency recorded mobile phone exchanges between the Omagh bombers on the day of the August 15, 1998 attack.

Government Communications Headquarters (GCHQ) was eavesdropping on calls during the journey to Omagh.

From these recordings the identities of the individuals involved could be ascertained, not least from conversations and voices, family members claimed.

Mr Gallagher, whose son Aidan died, said he wanted transcripts of the calls. Anybody within the intelligence services who was aware of the information could be subpoenaed to give evidence before the civil case against the five men families blame for the murders.

Nobody was ruled out of legal action.

Mr Gallagher added: “We want to see this information handed over within a week. As families, that is our intention.”

His lawyer, Jason McCue, said he has written to the authorities asking for information about any GCHQ involvement as early as 2001 and received no response.

“The cat is out of the bag in relation to the capacity of the intelligence-gathering process. The question for public interest immunity is what is the point in keeping this back now?” he said.