by Ronan McSherry
The Omagh bomb civil trial has been told American double agent David Rupert who infiltrated the Real IRA has been stopped from giving evidence in the case because of the assassination of the top republican Denis Donaldson who was unmasked as a British spy.
Five dissident republicans deny any part in the Real IRA bombing of Market Street that killed 29 people and unborn twins on August 15, 1998. The men being sued are Michael McKevitt, Colm Murphy, Liam Campbell, Seamus Daly and Seamus McKenna. Six families of Omagh victims have sought recourse to a civil action as they believe no-one will ever be convicted in a criminal court of law.
The fourth week of the trial has been taken up with argument regarding the admissibility of evidence from David Rupert, a trucker turned spy. His testimony formed a major part of the prosecution case that sent Real IRA leader Michael McKevitt to jail for 20 years in 2003 for directing the activities of an illegal organisation.
forbidden
The FBI has forbidden Rupert, who is now in a witness protection programme, from giving evidence at the case.
At Belfast High court on Monday claims were made that hypnotism may have been used as a memory aid on the American agent. Lord Brennan QC, for the Omagh relatives told the court, "There's a suggestion in an application from Michael McKevitt for access to intelligence files that Rupert had been subject to hypnosis in order to help his recollection. The question is was that material known to McKevitt and his lawyers at the time of his trial? If not, how has it come to their attention?"
discredit
Mr Justice Morgan heard arguments for and against full disclosure of security service material on the FBI agent, who was said to have attended several Real IRA Army Council meetings. In a bid to discredit any potential evidence from Rupert, McKevitt's barrister Michael O'Higgins SC, argued that documents not disclosed during his criminal trial should be made public at the civil proceedings against his client. Lord Brennan for the families countered, "If matters are scraped up now it is too late in the context of this civil trial." Lord Brennan also told the court that the plaintiffs would be relying on some 2,300 emails, forensic copies of the email traffic, communications between the security forces and Rupert, book communications, hypnosis reports as well as contracts, paying information and Omagh de-briefing.
Bernard McCloskey, barrister for the British Security Services, argued that the sensitive material could not be accessed because the case was not a criminal trial.
On Tuesday Jason McHugh, the solicitor for families of the victims revealed that Denis Donaldson's murder led to a heightened threat assessment against the American should he travel to Belfast High Court. Under cross-examination Mr McHugh denied any offer of cash was ever made to the FBI mole.
Mr O'Higgins SC acting for McKevitt also questioned the fact Rupert is not being allowed by the FBI to give evidence to the trial by videolink. He stated the court should be troubled by the FBI's stance and alleged lack of reasons.
After considering the submissions and counter-submissions, Mr Justice Morgan accepted the solicitor for the Omagh families made a number of attempts to get the US authorities to change their views and had tried unsuccessfully to get a written explanation.
The Judge pointed out that the PSNI has assessed the risk to Rupert as 'severe' if he were to come to this jurisdiction to give evidence.
He also stated, "I accept that a view was expressed by the FBI agent that the giving of oral evidence by David Rupert would be likely to increase publicity in respect of him and thereby increase the risk to him."
The trial continues.
