by Ronan McSherry
The Omagh bomb civil trial, now in its sixth week, has relocated from the High Court in Belfast to Dublin District Court. In a historic move, the court in the Republic was turned into a 'British' court setting. It is the first time a Northern Ireland judge has sat in any other jurisdiction to take evidence.
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 by the relatives of six of the victims of the blast are Michael McKevitt, Colm Murphy, Liam Campbell, Seamus Daly and Seamus McKenna. The families have sought recourse to a civil action as they believe no-one will ever be convicted in a criminal court of law. The Omagh families are seeking punitive and exemplary damages in this court action.
The trial has moved to the Republic to hear garda evidence on the Real IRA and its leadership, and to corroborate the evidence of David Rupert, an American trucker who infiltrated the Real IRA for the FBI. His evidence helped to convict Michael McKevitt of directing terrorism. McKevitt is currently serving a 20-year jail term in the Republic. Almost 50 gardaí have been called to testify at the trial.
Members of the Garda Surveillance Unit have told the court they witnessed McKevitt and David Rupert together at a Dundalk housing estate on February 18, 2000. Inspector William Hanrahan said that, when interviewed, McKevitt denied knowing the FBI agent Rupert.
Earlier, surveillance officers denied collaborating with one another to make statements. A barrister for Michael McKevitt also questioned the work practices of gardaí, who failed to keep any written notes or photographs of alleged meetings his client had with Rupert.
Kieran Vaughan QC told the court that it was obvious officers had memorised undated statements for the hearing, which were made after Mr McKevitt's arrest for terrorist offences in January 2001.
The accuracy of testimonies given by Detective Garda Fergal O'Brien and Sergeant Seamus Lynch, who maintained they each saw the men in the cul-de-sac before and after a meeting in a house, was also challenged. They told the court that at no time did any officer consider video recording or photographing the meeting, did not log times or car registration numbers, or note the clothes the Real IRA boss was wearing.
Both gardaí claimed it was not their job, but the responsibility of their senior officer Detective Sergeant Thomas Finbarr Healey, who also gave evidence, to record the movements on the night.
Mr Vaughan claimed that reports and subsequent statements from all three were worded and phrased the same, and had not been dated, suggesting they were written together.
When asked if he had written the statement with his colleague, Detective Garda O'Brien said he had never changed his evidence. Asked the same question Sergeant Lynch said he made his statement alone and would not have been in touch with his colleagues on a regular basis at the time.
The court also heard that gardaí found a number of items during the search of the home and an adjoining shed of Liam Campbell. These included £2,000,three mobile phones, a walkie-talkie, a Motorola radio and six aerials. Campbell is not legally represented in the case.
The trial continues.
