Murphy and Daly have Omagh bomb appeals dismissed

Colm Murphy and Seamus Daly

Two local republicans found liable for the Omagh bombing have had their appeals dismissed by Northern Ireland’s highest court.

Colm Murphy and Seamus Daly were seeking to overturn a second verdict against them of being responsible for the Real IRA atrocity.

But the Court of Appeal in Belfast dismissed their challenges after rejecting all grounds of the appeal.

Twenty-nine people, including the mother of unborn twins, were killed in the August 1998 car bombing.

Hundreds more were badly injured.

Murphy, a Dundalk-based contractor and publican, and his former employee Seamus Daly, from Cullaville, County Monaghan, were sued by some victims’ relatives in a landmark legal action.

They faced a second trial after successfully appealing against being held liable in an initial ruling in 2009.

On Thursday, Lord Justice Girvan said adverse inference could be drawn from the failure by either man to give any evidence.

Murphy’s claim that he did not testify due to his lack of faith in the judicial system was “entirely justifiably regarded as specious and wholly unconvincing”, the judge said.

Twenty-nine people, including the mother of unborn twins, were killed in the August 1998 car bombing

Dealing with Murphy’s challenge to claims he supplied the phones used in the bomb run, Lord Justice Girvan also identified a series of factors against him.

Daly’s appeal had focused on evidence relating to a phone call made less than half an hour after the blast.

Lord Justice Girvan rejected a contention by Daly’s lawyers that the evidence did not implicate their client.

A further ground of appeal by Daly, centring on claims that the trial judge’s verdict betrayed a “cognitive bias”, was also rejected.

The judge added: “Where a person by confession accepts he subscribes to the aims and means of an unlawful organisation which is prepared to commit terrorist outrages and has not disavowed any intent to carry on serious terrorist activities it becomes very much less unlikely that he could have been involved in the past in assisting such an organisation.

“We conclude that the judge was entitled to put this plea of guilty into the scales in determining whether the plaintiffs’ case had been proved.”

None of the Omagh bomb victims’ relatives were in court to hear the ruling.

Two other men, convicted Real IRA leader Michael McKevitt and fellow dissident republican Liam Campbell, also failed to have the findings against them overturned.

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Omagh accused denied a fair hearing, argue lawyers

Colm Murphy and Seamus Daly

One of the men held liable on a retrial for the Omagh bomb was denied a fair hearing due to the judge’s knowledge of previous evidence, the Court of Appeal heard yesterday.

Seamus Daly was linked by a call made on one of the mobile phones allegedly used by the Real IRA team who carried out the 1998 attack.

But his lawyers argued that a witness who took the call less than half-an-hour after the blast said it came from a man named Seamus Healy.

They claimed it was wrong to find that Denis O’Connor was actually referring to Daly.

Mary Higgins QC contended: “What happened in this case is that the judge was coloured. It’s the most likely explanation for why he interpreted Mr O’Connor’s evidence in the way he did.”

Daly, from Cullaville, Co Monaghan, and Colm Murphy, from Ravensdale, Dundalk, are appealing a second High Court verdict which identified overwhelming evidence of their connection to the massacre. The appeal continues.

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• Omagh accused fail to have appeals adjourned (talkofthetown.ie)

Omagh accused fail to have appeals adjourned

Colm Murphy and Seamus Daly

Two local republicans held liable for the Omagh bombing have failed in a bid to have their appeal hearings put back.

Lawyers for Colm Murphy and Seamus Daly were seeking an adjournment over concerns about the availability of trial transcripts but judges due to hear their challenges in two weeks time refused to take the case out of the list.

Twenty-nine people, including the mother of unborn twins, were killed in the August 1998 Real IRA car bombing, while hundreds more were badly injured.

Earlier this year, Murphy and Daly were held responsible for the Real IRA atrocity following a civil retrial at the High Court in Belfast.

A judge identified compelling and overwhelming evidence of their involvement in the attack.

Murphy, a Dundalk-based contractor and publican, and former employee Seamus Daly, from Cullaville, County Monaghan, were sued by some victims’ relatives in a landmark legal action.

Colm Murphy and Seamus Daly are to appeal against a civil case finding that they were liable for the Omagh bomb.

They faced a second trial after successfully appealing against being held liable in an initial ruling in 2009.

Two other men, convicted Real IRA leader Michael McKevitt and fellow dissident republican Liam Campbell, failed to have the findings against them overturned.

During the second hearing it was claimed that Murphy supplied mobile phones to the bomb team. Daly was allegedly linked by a call made on one of the phones just after the explosion.

In March, Mr Justice Gillen ruled that both men were liable “on the balance of probabilities”.

He identified compelling circumstantial evidence that two mobiles linked to Murphy were used in the attack.

The same verdict was returned against Daly, based on his conversation on one of the “bomb run phones” less than an hour after the explosion.

Daly’s guilty plea and conviction for Real IRA membership in November 2000 was also taken into account.

The ruling left both defendants liable for an award of damages previously set at £1.6m.

Two weeks ahead of the scheduled opening, lawyers for the two men argued that they needed more time to obtain the relevant material.

Mary Higgins QC, for Daly, told the Court of Appeal: “To properly present this case the transcripts are required.”

But Tony McGleenan QC, for the victims’ relatives, insisted the appellants had not shown it was essential in the interests of justice.

“We say the matter should stay in the list in both cases,” he added.

Rejecting the application, Lord Justice Higgins pointed out that Murphy and Daly’s lawyers have their trial notes and can access CD recordings.

Lord Justice Higgins said: “We are not persuaded that an injustice will be caused to either appellant by the appeal proceeding on… 25 November.”

Source: BBC News

Omagh bomb appeal scheduled for November

Colm Murphy and Seamus Daly are to appeal against a civil case finding that they were liable for the Omagh bomb

Appeals by two local republicans found liable for the Omagh bomb atrocity will be heard in November.

Senior judges have set aside one week for the challenges by Colm Murphy and Seamus Daly.

Earlier this year the pair were held responsible for the Real IRA massacre following a civil retrial at the High Court in Belfast.

A judge identified compelling and overwhelming evidence of their involvement in the August 1998 attack.

Twenty nine people, including the mother of unborn twins, were killed in the blast. Hundreds more were badly injured.

Murphy, a Dundalk-based contractor and publican, and former employee Seamus Daly, from Culaville, County Monaghan, were sued by some victims’ relatives in a landmark legal action.

They faced a second trial after successfully appealing against being held liable in an initial ruling in 2009.

Two other men, convicted Real IRA leader Michael McKevitt and fellow dissident republican Liam Campbell, failed to have the findings against them overturned.

During the second hearing it was claimed that Murphy supplied mobile phones to the bomb team.

Daly was allegedly linked by a call made on one of the phones just after the explosion.

In March, Mr Justice Gillen ruled that both men were liable “on the balance of probabilities”.

He identified compelling circumstantial evidence that two mobiles linked to Murphy were used in the attack.

The same verdict was returned against Daly, based on his conversation on one of the “bomb run phones” less than an hour after the explosion.

Daly’s guilty plea and conviction for Real IRA membership in November 2000 was also taken into account.

The ruling left both defendants liable for an award of damages previously set at £1.6m.

At the time, the Omagh families’ senior barrister claimed there was “zero” prospect of Murphy and Daly being able to overturn the decision.

However, a fresh challenge is now being prepared, with trial transcripts being sought by their lawyers.

Dermot Fee QC, for Murphy, told the Court of Appeal his client was in the process of seeking legal aid.

He said: “Because he is out of the jurisdiction, there has to be a formal accountancy report. That is being obtained.”

Brett Lockhart QC, for the victims’ relatives, expressed disappointment that the appeal was formally lodged just before the time limit ran out.

He pointed out that the legal battle has been going on for 12 years.

Predicting the case could be completed in a two-day hearing, Mr Lockhart added: “At the moment I’m struggling to understand the grounds of appeal.”

But after defence counsel suggested it could take twice as long, judges agreed to allow one week for submissions.

Lord Justice Higgins said: “We will fix it for (the week commencing) November 25.”

Source: BBC

Jailed for stealing electricity from ESB meter

A LOCAL woman, who failed to turn up in court yesterday, was jailed for six months in her absence for stealing electricity by tampering with an ESB meter at her former residence in Co Monaghan.

Maggie Fitzpatrick of Avondale Park, Dundalk, was charged with the theft of a supply of electricity at a dwelling where she previously resided at Cois Locha, Doohamlet, Co Monaghan, on February 13^th last.

Peter McCarthy, an ESB official, told Judge Seán MacBride at Carrickmacross District Court that he detected the offence and discovered that an object had been driven into the meter at the house to prevent full usage of the electricity supply being recorded. He estimated that the total amount due to the ESB from the illegal draw-off was €1,437.19.

The ESB said the damage caused to the meter, which had to be replaced, was €192.

The accused was not present or represented in court and the judge imposed the jail sentence in her absence.