OMAGH BOMBING COURT CASE:THE OMAGH bombing was an infamous terrorist atrocity which had led to a civil legal action "unprecedented in the UK and probably in the world", legal representation for some of those bereaved has told the Belfast High Court.
Lord Daniel Brennan QC was making his opening remarks yesterday on the first day of the action against five men whom some of the Omagh relatives believe were responsible for the Real IRA bombing on August 15th, 1998.
"For the first time, the victims of terrorism are confronting the alleged perpetrators," Lord Brennan told Mr Justice Morgan. "For the first time, private citizens are confronting terrorists in our courts."
None of the five named in the action - Michael McKevitt, Séamus Daly, Liam Campbell, Colm Murphy and Séamus McKenna - was in court for the proceedings.
Campbell has not appointed legal representation to speak for him. McKevitt (58) was said to have followed proceedings by video link in Portlaoise prison where he is awaiting the outcome of an appeal against a 20-year conviction for directing terrorism. Campbell (43) is also in prison on charges not connected to Omagh while Murphy (56) is awaiting a retrial on charges relating to conspiracy to cause the Omagh explosion.
Representation for some of those named in the action complained to the judge that Lord Brennan had referred to the five as terrorists, alleging that such a reference was deeply prejudicial. However, Mr Justice Morgan allowed Lord Brennan to continue.
Lord Brennan's four-hour address outlined the case for the Omagh families' claim. He told the court it would be based on evidence relating to the circumstances in Omagh on the day of the explosion. He would also refer to details concerning the manufacture and transportation of the 200kg device detonated by the Real IRA that day as well as to the use of mobile telephones by the bombers.
Lord Brennan said there had been a "matrix" of contacts involving a series of mobile telephones and landlines which linked those named in the action to the atrocity. Lord Brennan also outlined how telephone evidence pointed to the transportation of the bomb from the Republic to Omagh. It also supported his claim that the bombers were collected and returned to Co Monaghan.
Lord Brennan outlined his plans to refer to evidence supplied by a former FBI double agent in the original trial of McKevitt. He quoted a series of examples from thousands of pages of e-mails which David Rupert had sent to his handlers. These papers are alleged to contain evidence, gained by Mr Rupert who infiltrated the Real IRA, that some of those named in the action were at the centre of dissident republican paramilitary activity.
It was inconceivable, he said, that senior figures could not have been aware of the planned bombing of Omagh. Lord Brennan added he planned to present evidence from the PSNI and Garda witnesses.
There was no mention in court of Seán Hoey who was freed in December, acquitted of dozens of charges against him in connection with the Omagh bombing.
The case resumes this morning.