BY MICHAEL DEVLIN
m.devlin@ulsterherald.com
THE possibility of the American super-spy not testifying via videolink at the multi-million Omagh bomb compensation case has been described this week as "discouraging" and "disappointing". Chairman for the Omagh Victims Support Group, Michael Gallagher said US agent David Rupert's sudden reluctance is surprising news for the Omagh families but emphasised the case will continue without him.
The move comes as police launch a fresh appeal in their bid to trace the movements of the bombers' car. A series of newspaper adverts are targeting people in border areas in a bid to gain more information on the the Real IRA attack. The action has been fuelled by a changed outlook towards policing amongst a substantial part of the Republican community.
Meanwhile trucker boss turned double agent, David Rupert infiltrated the ranks of the Real IRA before the Omagh bomb and it was his evidence at the trial of Michael McKevitt at the Special Criminal Court in Dublin which led to the latter's conviction for running the Real IRA and his subsequent incarceration at Portlaoise Jail.
"It's certainly very discouraging," Michael Gallagher commented on Tuesday. "It isn't great news for the families but how big an impact this will have on the case, I'm not sure."
It was revealed on Monday that David Rupert and the FBI are no longer willing to co-operate due to concerns over Rupert's security and health.
Mr Gallagher continued, "It seems like every direction we turn there's something in the way or we're closed down. We were assured that Rupert would appear by videolink as a witness but now it looks like it'll be down to statements.
"It's surprising all the same given the work that this man has done in the past. This man actually infiltrated the IRA so you'd think that appearing my videolink wouldn't be such a big deal."
The 1998 car bomb killed 29 people, including a woman pregnant with twins. Five men believed to have been involved in the blast (convicted RIRA leader Michael McKevitt and four others, Seamus Daly, Seamus McKenna, Liam Campbell and Colm Murphy) are currently being sued by the families of some of the victims in the civil action.
Lord Brennan QC, who is representing the Omagh families - told Mr Justice Morgan at Belfast's High Court, "We wanted Mr Rupert to give evidence via video link but the FBI haa refused to co-operate in that regard.
"Our understanding is that the FBI haa reached this stage in relation to this man's security and health. He is in a protective arrangement of some type in America."
Saying Mr Rupert's evidence was "of central importance" in the case against McKevitt and Campbell, Lord Brennan further revealed his legal team "have sought and will continue to seek confirmation" on the position regarding Mr Rupert.
Michael Gallagher added, "I went to Chicago last year to meet with the FBI and before I went, I requested a meeting with him (Rupert). This didn't happen but if I had the chance to speak to him, I would say that this is an important opportunity for his testimony to help the Omagh families. Please help us get some degree of justice."
