Omagh claim
Bid to wreck Omagh compensation claim
TUESDAY 21/06/2005 18:10:40
The Omagh bomb victims’ £14 million compensation claim could be wrecked by Real IRA mastermind Michael McKevitt’s bid to halt British government funding for their case, the Northern Ireland High Court heard today.
By:Press Association
Lawyers for the terror chief delivered a withering assessment on the Lord Chancellor`s decision to give more than £700,000 to help fund the civil action.
In an unprecedented move, relatives of some of the 29 people murdered in the August 1998 massacre are attempting to sue McKevitt and four other men they suspect plotted the massacre.
But Frank O`Donoghue QC claimed Lord Falconer used “unfettered power” to vault standard procedures and deliver cash to the families.
A proper aid assessment through the Legal Services Commission had not been carried out, it was alleged.
Mr O`Donoghue claimed consultations involving the Lord Chancellor`s Office, the Commission and solicitors for the Omagh families were held before new legislation was brought in that helped finance the civil action.
Days after McKevitt, 54, of Blackrock, Co Louth was jailed for 20 years in August 2003 for running the Real IRA, the dissident republican organisation behind the Omagh strike, the British government announced it was to pay nearly £800,000 towards the victims` legal costs.
The families have named McKevitt and four others: Seamus Daly, Seamus McKenna, Liam Campbell and Colm Murphy in High Court papers.
At a judicial review application hearing today, however, Mr O`Donoghue insisted the Lord Chancellor had wrongly taken complete control of the legal aid system to fund the case.
“He has effectively re-written the Access to Justice order 2003,” the QC said.
“The Lord Chancellor has given himself powers Parliament clearly never intended him to have.”
But Lord Brennan QC, for the families, claimed McKevitt only turned his sights on the funding issue after he was refused cash assistance himself.
“The inference is irresistible. If he had got legal aid we wouldn`t be in these proceedings now,” he said.
McKevitt`s protracted attempts to be awarded financial help have contributed to delays in getting the civil action into court.
So far £418,000 of the British government assistance has already been paid out to the Omagh families legal representatives.
Alarmed by the prospect of crippling debts should the paramilitary leader win his case, Lord Brennan expressed fear that the litigation may be halted.
“This presents itself as a major potential barrier to progress,” he warned.
Lord Brennan also argued that the legal aid for the Omagh relatives was similar to that used to fund inquiries into both the bombing and the Marchioness riverboat disaster when 51 people were killed on the Thames in 1989.
His fears were allayed by the judge, Mr Justice Coghlin, who doubted the British government would ask for any money back even if it lost the judicial review.
It was also suggested another means could be found to ensure the case didn`t disintegrate over funding.
Bernard McCloskey QC, opposing the application, insisted powers had been clearly conferred on the Lord Chancellor to act as he did.
After an all-day hearing, Mr Justice Coghlin reserved judgement.
