Court rules Murphy evidence admissable

The Special Criminal Court has ruled admissible statements and other evidence obtained in the case of Colm Murphy, the only man…

The Special Criminal Court has ruled admissible statements and other evidence obtained in the case of Colm Murphy, the only man charged in connection with the Omagh bomb.

The court rejected objections by the defence concerning the admissibility of evidence concerning the search warrant, the arrest, detention and interviewing of the accused by gardaí in February 1999.

However, in an unusual departure, the court directed that details contained in its ruling on the "trial within a trial" cannot be reported until the court provides the media with an edited version next Tuesday.

Mr Justice Robert Barr said he was making the order in the interests of "justice to the accused". He said the contested evidence given in legal argument over the past six days concerned the "foundation of the arrest of the accused" and it was important to note that the court was making no finding of fact.

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Mr Peter Charelton SC, prosecuting, argued the media had a right to report on behalf of the general public.

However, Mr Justice Barr replied that the outcome of the trial "may not necessarily accord with information that has emerged in evidence in the voir dire" and that on balance, the accused man's constitutional right to a fair trial outweighed other rights.

Mr Colm Murphy (49) a father of four, building contractor and publican, who is a native of Co Armagh with an address at Jordan's Corner, Ravensdale, Co Louth has pleaded not guilty to conspiring in Dundalk with another person not before the court to cause an explosion in the State or elsewhere between August 13th and 16th, 1998.

The prosecution is alleging that Mr Murphy "lent aid" to the people who planted the Omagh bomb.