29/09/2016
Omagh Bombing: ECHR Rejects 'Unfair Trial' Claims
The European Court of Human Rights (ECHR) has declared that a trial of two Irish republicans found liable for the Omagh bomb was not unfair.
29 were killed in one of the worst atrocities of the Troubles in 1998.
Liam Campbell and Michael McKevitt were two of four men found liable. The civil case was brought by families of the victims.
The relatives were awarded £1.6million in damages.
However, Campbell and McKevitt both took their case to Europe and said that a civil trial in Belfast had been unfair.
They claimed that due to the severity of the charges the court should have applied criminal, rather than civil, standards of proof.
They also claimed claimed that the admission of the evidence of an FBI agent who had not been made available in court for questioning was unfair.
The EHRC rejected the claims.
It found that a criminal standard of proof was not necessary because the proceedings had been for a civil claim for damages and there was no criminal charge.
In relation to the evidence of the absent FBI agent, the Court found that the judge had fully considered the need for appropriate safeguards given the witness's absence; that the defendants had had an adequate opportunity to challenge the agent’s evidence with their own; and that the judge had had due regard to the appropriate considerations when deciding what weight he could attach to the evidence of an absent witness.
McKevitt is currently behind bards in Portlaoise and Campbell is in Maghaberry Prison.
Ulster Unionist MEP Jim Nicholson said: "The Omagh bomb was an horrific and despicable atrocity. 18 years after the event we are still waiting for the terrorists who caused the devastating explosion in 1998 that killed 29 people and injured hundreds more, to be brought to justice.
"With regard to this case, the applicants had complained to the European Court of Human Rights that the civil claim brought against them and others, by many of the Omagh families, had been unfair. The Court has unanimously declared the applications inadmissible.
"We must never forget that it is the Omagh families and their loved ones who are the real victims. It is they who have had their human rights violated and who have been fighting for justice since that dreadful day in August 1998. If this decision by the European Court of Human Rights helps the Omagh families in their pursuit of truth and justice, then it is to be welcomed."
Pic: PA
(CD)
29 were killed in one of the worst atrocities of the Troubles in 1998.
Liam Campbell and Michael McKevitt were two of four men found liable. The civil case was brought by families of the victims.
The relatives were awarded £1.6million in damages.
However, Campbell and McKevitt both took their case to Europe and said that a civil trial in Belfast had been unfair.
They claimed that due to the severity of the charges the court should have applied criminal, rather than civil, standards of proof.
They also claimed claimed that the admission of the evidence of an FBI agent who had not been made available in court for questioning was unfair.
The EHRC rejected the claims.
It found that a criminal standard of proof was not necessary because the proceedings had been for a civil claim for damages and there was no criminal charge.
In relation to the evidence of the absent FBI agent, the Court found that the judge had fully considered the need for appropriate safeguards given the witness's absence; that the defendants had had an adequate opportunity to challenge the agent’s evidence with their own; and that the judge had had due regard to the appropriate considerations when deciding what weight he could attach to the evidence of an absent witness.
McKevitt is currently behind bards in Portlaoise and Campbell is in Maghaberry Prison.
Ulster Unionist MEP Jim Nicholson said: "The Omagh bomb was an horrific and despicable atrocity. 18 years after the event we are still waiting for the terrorists who caused the devastating explosion in 1998 that killed 29 people and injured hundreds more, to be brought to justice.
"With regard to this case, the applicants had complained to the European Court of Human Rights that the civil claim brought against them and others, by many of the Omagh families, had been unfair. The Court has unanimously declared the applications inadmissible.
"We must never forget that it is the Omagh families and their loved ones who are the real victims. It is they who have had their human rights violated and who have been fighting for justice since that dreadful day in August 1998. If this decision by the European Court of Human Rights helps the Omagh families in their pursuit of truth and justice, then it is to be welcomed."
Pic: PA
(CD)
Related Northern Ireland News Stories
Click here for the latest headlines.
26 March 2024
25-Year-Old Charged With Murder Of Bobbie McKee
A 25-year-old man has been charged in connection with the murder of Bobbie McKee in Kilkeel. Mr McKee (69) died shortly after being found seriously injured at his home in the Newcastle Road area on Thursday 21 March. The man has also been charged with the attempted murder of Mr McKee's wife, who remains in a serious condition in hospital.
25-Year-Old Charged With Murder Of Bobbie McKee
A 25-year-old man has been charged in connection with the murder of Bobbie McKee in Kilkeel. Mr McKee (69) died shortly after being found seriously injured at his home in the Newcastle Road area on Thursday 21 March. The man has also been charged with the attempted murder of Mr McKee's wife, who remains in a serious condition in hospital.
27 March 2024
Asda Supports National Autistic Society's Annual Easter Events
Asda Larne has announce its support for the National Autistic Society's annual Easter egg hunt and family event. The supermarket has supported the event with a donation of Easter eggs and will form part of the charity's Easter event for families with autistic children and will include a fun Easter egg hunt for all members of the family to enjoy.
Asda Supports National Autistic Society's Annual Easter Events
Asda Larne has announce its support for the National Autistic Society's annual Easter egg hunt and family event. The supermarket has supported the event with a donation of Easter eggs and will form part of the charity's Easter event for families with autistic children and will include a fun Easter egg hunt for all members of the family to enjoy.
21 March 2024
Down Royal Announces Fibrus As New Headline Sponsor
Racegoers of all ages across Northern Ireland are being encouraged to attend Down Royal's brand-new Fibrus Family Race Day taking place on Sunday 14th April 2024. This partnership will see Fibrus secure title naming rights to this year's new race meeting bringing the total number of fixtures at Down Royal in 2024 to fourteen.
Down Royal Announces Fibrus As New Headline Sponsor
Racegoers of all ages across Northern Ireland are being encouraged to attend Down Royal's brand-new Fibrus Family Race Day taking place on Sunday 14th April 2024. This partnership will see Fibrus secure title naming rights to this year's new race meeting bringing the total number of fixtures at Down Royal in 2024 to fourteen.
14 March 2024
Working Families Urged To Explore Childcare Savings Ahead Of Holidays
HM Revenue and Customs (HMRC) has called on working families who have yet to sign up for Tax-Free Childcare to find out how they could save money on their childcare costs in time for the school holidays.
Working Families Urged To Explore Childcare Savings Ahead Of Holidays
HM Revenue and Customs (HMRC) has called on working families who have yet to sign up for Tax-Free Childcare to find out how they could save money on their childcare costs in time for the school holidays.
27 February 2024
Finance Minister Announces New Ciivil Servant Pay Offer
The Finance Minister has announced a new pay offer for civil servants, which would see the majority receive a 5% consolidated increase plus a one-off £1,500 non-consolidated payment. The pay offer followed negotiations with recognised industrial and non-industrial civil service trade unions.
Finance Minister Announces New Ciivil Servant Pay Offer
The Finance Minister has announced a new pay offer for civil servants, which would see the majority receive a 5% consolidated increase plus a one-off £1,500 non-consolidated payment. The pay offer followed negotiations with recognised industrial and non-industrial civil service trade unions.