Justice at last for the 29 victims of Omagh bombing
Judge awards £1.6m damages and rules that four republicans were responsible
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A landmark legal victory for relatives of victims of the Omagh bombing could open the way for those bereaved in London's 7/7 attacks to sue the perpetrators for damages, it was claimed yesterday.
The legal breakthrough came when Omagh relatives won a lengthy civil case in Belfast, with a judge ruling that four prominent republicans were liable for the deaths of the 29 people killed in Omagh in 1998.
Mr Justice Morgan awarded more than £1.6m in damages to relatives of those killed. His verdict was immediately hailed by Omagh relatives, some of whom have in the past claimed they have been let down by the authorities and the courts.
Michael Gallagher, whose son Aiden died in the bombing, declared: "We have sent out an important message to terrorists and their victims around the world. You now have a way of challenging those who've murdered your loved ones. I think it is a tremendous moral victory for the families. It is a result better than we could have imagined."
Announcing the awards the judge, who is shortly to become Northern Ireland's Lord Chief Justice, said of the families: "The senseless and indiscriminate nature of this appalling outrage has deeply affected each of them. For many, the effects are catastrophic and their lives will never be the same again."
The families said they would appeal against the judge's decision not to award exemplary damages in the case. The costly civil action, heard in a Belfast court over 14 months, was made possible by an £800,000 donation from the British Government and contributions from many other supporters.
The case against one of the five men named in the action, Seamus McKenna, was dismissed. But four others – Michael McKevitt, Liam Campbell, Colm Murphy and Seamus Daly – were held to have been responsible for the attack. McKevitt, who was chief-of-staff of the Real IRA at the time of the bombing, is presently in prison in the Irish Republic serving a 20-year sentence for directing terrorism. Two of the others are involved in legal proceedings. The Omagh attack was mentioned during McKevitt's trial but he was not specifically charged in connection with it.
Although he himself has been behind bars for some years, the organisation he founded is still sporadically active in Northern Ireland under other leaders, and some weeks ago was responsible for killing two soldiers.
The lower standard of proof required in civil cases proved decisive in yesterday's case. The amount of damages awarded went up to £337,500 for a man who lost his wife.
While the families have maintained that the money involved was always a secondary aspect of the case, London-based solicitor Jason McCue said: "We are going to appeal and this is the sort of case that could get the highest award ever in the UK."
Saying the ruling had set a precedent for other victims of terrorism, he said he was sure those caught up in the July 2005 attacks in London would now seek damages from those who helped plan them: "7/7 want to do an action," he said. "They are going to do it now. They are definitely going to because they've seen the consequences."
Victor Barker, whose 12-year-old son James was killed in the attack, said he was delighted with the outcome, adding: "I never built my hopes up too much after what happened before, but I'm absolutely over the moon."
Stanley McCombe, who lost his wife, added: "It is a result we hoped for but didn't expect... we've been let down so many times before. It was never about money. We can stand and say that these guys are responsible for Omagh – that's what we wanted."
Those named by the judge can be expected to argue that they do not have the resources to pay the amounts he ordered them to hand over. The question then arises of whether any assets they hold, such as property, could be seized as the families seek to enforce the judgment.
Mr Justice Morgan concluded that the case against McKevitt was overwhelming, and that he had "inexplicably" failed to give evidence in answer to the case against him. While the Real IRA had set off other bombs, in the Omagh case the amount of warning given had been reduced.
He concluded that this had been instigated or approved by McKevitt, and that the primary objective of the bombers was to ensure their device exploded without detection.
"The safety of those members of the public in Omagh town centre was at best a secondary consideration," he concluded. The judge also cited the Real IRA as an organisation liable for the deaths.
The legal arguments
Why was this a civil and not a criminal case?
It was brought by the relatives of some of those killed in 1998 because, they said, the criminal prosecution system had let them down. Only two suspects had been prosecuted. Sean Hoey was acquitted while Colm Murphy faces a re-trial.
What happened in the Sean Hoey case?
In 2007 he was found not guilty of all 56 charges, including murder, brought against him. The judge criticised police conduct in the case but a later official report defended how they had handled it.
What happens now?
The families will pursue the four men held responsible to obtain the £1.6m awarded against them.
How could the Omagh families afford to fund this case?
They raised money from donors all around the world, including Bill Clinton. Most unusually, the Government contributed £800,000, arguing it was "totally exceptional" for those being sued to obtain legal aid while the relatives had to fund their case.
Why has it been so hard to secure convictions?
Police in Northern Ireland have often been unsuccessful in getting convictions in complicated cases.
Will this make criminal convictions more likely?
Probably not. The families won because civil cases require a lower standard of proof. Northern Ireland Chief Constable Sir Hugh Orde has admitted fresh prosecutions are unlikely.
The Omagh Four: The men held responsible for the attack
Liam Campbell
Liam Campbell is a border farmer who has served a sentence in the Republic for membership of an illegal organisation. In the Omagh civil case the judge said he was satisfied Campbell was a member of the Real IRA's army council at the time of the bomb, and continued to hold a leadership position. The authorities in Lithuania are seeking his extradition for questioning in connection with an alleged weapons importation plot.
Michael McKevitt
Michael McKevitt, founder of the Real IRA, was a long-time senior member of the Provisional IRA who, as its quarter-master general, was heavily involved in procuring arms from sources such as Libya. He broke away from the organisation because he disapproved of its involvement in the Irish peace process and wanted to keep its campaign of violence going. At the time of the Omagh bombing he was the group's chief-of-staff.
Colm Murphy
Colm Murphy, a publican and builder, has a record stretching back as far as the 1980s, when he was jailed for a year in the US for attempting to buy missiles and rifles. Seven years ago he was given a 14-year jail sentence for conspiracy to cause the Omagh bombing, but is currently awaiting a re-trial. Yesterday the judge said Murphy had been an active member of the Continuity IRA, which had co-operated with the Real IRA in bombing Omagh.
Seamus Daly
Seamus Daly's name has been in the public domain in connection with Omagh since 2000, when BBC Panorama reporter John Ware confronted him and accused him of involvement. A builder from a border area of Co Monaghan, he served a three-year sentence after admitting membership of an illegal organisation. The judge said Daly's failure to give evidence in the civil case supported the case against him.