THE SUPREME Court has reserved judgment on an appeal by Colm Murphy aimed at stopping his retrial on a conspiracy charge connected with the Real IRA Omagh bombing in which 29 people died.
At the High Court last year, Mr Justice Iarfhlaith O’Neill refused Mr Murphy’s application to prevent his retrial.
Mr Murphy (54), a building contractor and publican who is a native of Co Armagh but with an address at Jordan’s Corner, Ravensdale, Co Louth, appealed that decision to the Supreme Court. The DPP is opposing the appeal which concluded yesterday. The five judge Supreme Court, consisting of the Chief Justice, Mr Justice John Murray, presiding and sitting with Mr Justice Hugh Geoghegan, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly and Mr Justice Joseph Finnegan reserved its decision.
Mr Murphy claims his prosecution should not be allowed proceed on a number of grounds, including that the delay in bringing proceedings has prejudiced his right to a fair and speedy trial.
Michael O’Higgins SC, for Mr Murphy, argued that the High Court erred in holding the delays did not breach his client’s rights.
Feichin McDonagh SC, for the DPP, denied any breach of Mr Murphy’s right to a fair trial and said the trial should proceed.
Mr Murphy was freed on bail in 2005 after the Court of Criminal Appeal quashed his conviction and 14-year sentence for a conspiracy offence connected with the Real IRA bombing of Omagh in 1998. Twenty-nine people, including a pregnant woman with twins died as a result of the atrocity.
The appeal court overturned the conviction and ordered a retrial after finding the Special Criminal Court had failed to give proper regard to altered Garda interview notes. It found there was “an invasion of the presumption of innocence” in the judgment.
During his 25-day trial in 2001 and 2002, Mr Murphy had pleaded not guilty to conspiring in Dundalk with another person not before the court to cause an explosion in 1998.