Revenant
06-10-2009, 08:13 PM
Relatives of the victims of the Omagh bombing won the right today to sue four Real IRA leaders for £1.6m in damages in a judgment that could have implications for terrorist groups around the world.
Justice Declan Morgan, Northern Ireland's lord chief justice, ruled in favour of a civil action by 12 families of victims of the 1998 bombing, which killed 29 people in the worst single atrocity of the Troubles. The 12 plaintiffs can pursue financial assets, properties and businesses belonging to the four Real IRA figures: the organisation's founder, Michael McKevitt, Liam Campbell, Seamus Daly and Colm Murphy. But the judge dismissed the action against the first named defendant in the action, Seamus McKenna.
In a judgment lasting more than an hour and a half at Belfast high court, Morgan found the Real IRA was liable for the bomb that destroyed the centre of the Co Tyrone town. The judge recommended that the 12 families who brought the case receive compensation ranging from £60,000 to £100,000 each.
Some of the relatives doubted if they would ever recover any of the damages, but spoke of the importance of the men being found liable in a court, and said they would use all avenues to pursue the four men's assets.
The judge said there had been "overwhelming evidence" against McKevitt, Campbell, Daly and Murphy. This included the evidence of an FBI agent who infiltrated the Real IRA, Irish detectives, Police Service of Northern Ireland officers and the British security services as well as mobile phone records linking a number of the men to the car transporting the bomb to Omagh on 15 August 1998.
The victims' families hailed the victory for their civil action, brought after the failure of the police to secure any convictions over the bombing.
The judge said it was clear the bombers' primary objective was to ensure the bomb exploded without detection, and the safety of the public in Omagh was, at best, a secondary consideration. He was "satisfied that those involved in the planning, preparation, planting and detonation of the bomb recognised the likelihood of serious injury or death from its detonation but decided to take that risk".
Singling out McKevitt, he said the Real IRA's founder had "held and has always held a significant leadership role in the Real IRA" and was heavily involved in the procurement of explosives at the time of the bombing. He was also satisfied that Campbell was a member of the Real IRA's Army Council in August 1998.
The Omagh families' civil action, which started in 2001, relied partly on records and traces on two mobile phones used by the bombers on the day of the attack. The judge said the evidence proved Campbell and Daly were in possession of the phones before and after the attack. The case against McKenna was dismissed because it was based on hearsay evidence from his estranged wife, who was deemed an unreliable witness.
After the hearing Victor Barker, whose son James, 12, was killed in the attack, told the Guardian he was "delighted that at long last the families have received a semblance of justice" and called on republicans to treat the Real IRA as pariahs.
When asked if this marked closure for him, Barker pointed to his briefcase and said: "It's the end of a long road … I can't ever say I will get closure because there are pictures in this bag of my son in the mortuary which I will never recover from. But I did what I could for him. I stood up and fought for him."
Michael Gallagher, whose son Aidan was also killed in the atrocity, said while no one would go to jail, those named in court would be pursued further. "It is not about retrieving the damages, it is not about the money. It is about making these people accountable," he said. We have sent a powerful message around the world today to all victims of terrorism – if your government fails you don't give up, there are avenues like the one we took to go after those who killed your loved ones."
One avenue the relatives' legal team may explore is the criminal assets bureau in the Irish Republic, where the four men live. The bureau has some of the most far-reaching powers in Europe to seize, freeze and dissolve assets it believes are the proceeds of crime or terrorism.
One of the families' legal representatives, Jason McCue, told the Guardian a number of other terrorist victims had been monitoring the civil case, including the victims of the 7/7 bombings. Those also following the case included a group of American and British citizens injured by IRA bombs triggered by the explosive Semtex. They are suing Libya through the US courts over the regime's decision to supply Semtex to the Provisional IRA.
http://www.guardian.co.uk/uk/2009/jun/08/omagh-victims-win-right-to-sue
Justice Declan Morgan, Northern Ireland's lord chief justice, ruled in favour of a civil action by 12 families of victims of the 1998 bombing, which killed 29 people in the worst single atrocity of the Troubles. The 12 plaintiffs can pursue financial assets, properties and businesses belonging to the four Real IRA figures: the organisation's founder, Michael McKevitt, Liam Campbell, Seamus Daly and Colm Murphy. But the judge dismissed the action against the first named defendant in the action, Seamus McKenna.
In a judgment lasting more than an hour and a half at Belfast high court, Morgan found the Real IRA was liable for the bomb that destroyed the centre of the Co Tyrone town. The judge recommended that the 12 families who brought the case receive compensation ranging from £60,000 to £100,000 each.
Some of the relatives doubted if they would ever recover any of the damages, but spoke of the importance of the men being found liable in a court, and said they would use all avenues to pursue the four men's assets.
The judge said there had been "overwhelming evidence" against McKevitt, Campbell, Daly and Murphy. This included the evidence of an FBI agent who infiltrated the Real IRA, Irish detectives, Police Service of Northern Ireland officers and the British security services as well as mobile phone records linking a number of the men to the car transporting the bomb to Omagh on 15 August 1998.
The victims' families hailed the victory for their civil action, brought after the failure of the police to secure any convictions over the bombing.
The judge said it was clear the bombers' primary objective was to ensure the bomb exploded without detection, and the safety of the public in Omagh was, at best, a secondary consideration. He was "satisfied that those involved in the planning, preparation, planting and detonation of the bomb recognised the likelihood of serious injury or death from its detonation but decided to take that risk".
Singling out McKevitt, he said the Real IRA's founder had "held and has always held a significant leadership role in the Real IRA" and was heavily involved in the procurement of explosives at the time of the bombing. He was also satisfied that Campbell was a member of the Real IRA's Army Council in August 1998.
The Omagh families' civil action, which started in 2001, relied partly on records and traces on two mobile phones used by the bombers on the day of the attack. The judge said the evidence proved Campbell and Daly were in possession of the phones before and after the attack. The case against McKenna was dismissed because it was based on hearsay evidence from his estranged wife, who was deemed an unreliable witness.
After the hearing Victor Barker, whose son James, 12, was killed in the attack, told the Guardian he was "delighted that at long last the families have received a semblance of justice" and called on republicans to treat the Real IRA as pariahs.
When asked if this marked closure for him, Barker pointed to his briefcase and said: "It's the end of a long road … I can't ever say I will get closure because there are pictures in this bag of my son in the mortuary which I will never recover from. But I did what I could for him. I stood up and fought for him."
Michael Gallagher, whose son Aidan was also killed in the atrocity, said while no one would go to jail, those named in court would be pursued further. "It is not about retrieving the damages, it is not about the money. It is about making these people accountable," he said. We have sent a powerful message around the world today to all victims of terrorism – if your government fails you don't give up, there are avenues like the one we took to go after those who killed your loved ones."
One avenue the relatives' legal team may explore is the criminal assets bureau in the Irish Republic, where the four men live. The bureau has some of the most far-reaching powers in Europe to seize, freeze and dissolve assets it believes are the proceeds of crime or terrorism.
One of the families' legal representatives, Jason McCue, told the Guardian a number of other terrorist victims had been monitoring the civil case, including the victims of the 7/7 bombings. Those also following the case included a group of American and British citizens injured by IRA bombs triggered by the explosive Semtex. They are suing Libya through the US courts over the regime's decision to supply Semtex to the Provisional IRA.
http://www.guardian.co.uk/uk/2009/jun/08/omagh-victims-win-right-to-sue