During his opening comments to the High Court on Monday, Lord Daniel Brennan acting on behalf of the Omagh relatives, described the five men being held to account as 'terrorists.' The men being sued are Michael McKevitt (58), Liam Campbell (43), Colm Murphy (56), Seamus Daly and Seamus McKenna.
Three of the opposing counsel objected to the use of the word 'terrorist' to describe their clients. Dublin barrister Michael O'Higgins said the term was 'pejorative and prejudicial' and might be interpreted as a factual description. Lord Brennan rebuffed the protestations saying they were 'a ludicrous attempt to frustrate the opening of the case.' He added that he was reciting what was publicly known about the defendants and would continue to do so. Allowing the prosecution to continue, the Judge Mr Justice Declan Morgan ruled, "This is the opening. None of this is evidence or fact. That will be determined."
The five men being sued have all served time in prison for paramilitary activities. Michael McKevitt is the alleged founder of the Real IRA who is serving a 20-year sentence in the Republic of Ireland for directing terrorism. The High Court proceedings are being relayed by videolink from Belfast to his cell in Portlaoise prison. Colm Murphy, was sentenced to 14 years in jail in January 2002 for conspiracy to cause the Omagh bombing - the conviction was overturned on appeal and he is awaiting a retrial. Seamus Daly, from Castleblayney in County Monaghan, was sentenced to three years after being found guilty of membership of an illegal organisation. Liam Campbell from Dundalk has also served a prison sentence for being a member of an illegal organisation while Armagh man Seamus McKenna served six years for possession of explosives.
The people taking the case against the men they believe are responsible for planning and carrying out the Omagh bomb are family members who lost loved ones in the explosion. They are the relatives of Adrian Gallagher (21) who was a self-employed mechanic, the only son of his parents who lived at Circular Road, Omagh. Ann McCombe (48) lived in Summerhill Park, Omagh with her husband Stanley. She had two children, aged 18 and 22 at the time of her death. Lorraine Wilson was a 15-year-old schoolgirl from Camowen Bungalows, Omagh. Esther Gibson (36) was a Sunday-school teacher from Beragh and was due to get married in 1999, the year after the bombing. Alan Radford was a 16-year-old schoolboy from Castleview Park in Omagh. Geraldine Breslin (43) was a married mother from Drumanon Close, Omagh. Her only son was 15 years old at the time. Altogether 31 people were killed in the bombing including unborn twins. Over 200 were injured.
Presiding over the case is Mr Justice Declan Morgan. He was educated at St Columb's, Derry, Peterhouse, Cambridge and Queen's University, Belfast. He was called to the Bar in 1976 and appointed as a High Court Judge in May 2004.
The team acting for the plaintiffs is headed by Daniel Joseph Brennan (66) who is a life peer. Lord Brennan QC was educated at St. Bede's Grammar School, Bradford and is married with four sons. In 2000, The Lawyer Magazine described him as Barrister of the Year.
Among the defendant's legal representatives is eminent Dublin barrister Michael O'Higgins acting on behalf of Michael McKevitt. Dermot Fee QC is acting for Colm Murphy and Seamus Daly. Another defendant Liam Campbell has decided not to have legal representation although he also denies any involvement in the bombing.
None of the defendants are attending the trial.