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The Trials

NUALA VERSUS RONNIE Nuala O’Loan brings in her own experts to examine the intelligence computers and she finds, on top of Kevin Fulton’s claims, completely new information, unknown to the existing police investigation. She finds that eleven days before Omagh, on 4 August 1998, a police officer received a ten minute telephone call naming the date and the location of the intended bomb. The officer had passed the information to Special Branch. At the very least, the police could have put road blocks on the small number of roads coming into Omagh.But nothing happened. And there was a requirement that the District Commander be told of threats to area, and for these to be recorded in a ‘threat book’ in each police station. But this one went missing and was never found. In total, Nuala O’Loan looked at 300 pieces of intelligence and found that 78% had not been passed onto the investigating officers. The informal ad hoc arrangements where it was assumed that one part of the state apparatus would communicate with the other were found to be completely insufficient.“Kevin’s information on its own couldn’t have prevented the bombing. In combination with the other intelligence, there is a strong possibility.“Her released report in December 2001 is a devastating critique of both the RUC, and by inference, its head, Ronnie Flannagan.“I would not only resign, I would publicly commit suicide if I felt this…to be fair.” Ronnie Flannagan, before his early retirement in May 2002THE PUBLIC PROSECUTIONS In October 2001, Colm Murphy, is put on trial of conspiracy to commit the Omagh bombing as his mobile had been used by the bombers. He’s convicted in January 2002 and sentenced to 14 years in jail for conspiracy to cause an explosion. And in 2003, Michael McKevitt receives 20 years for organising terrorist activities in Ireland. He is the first person to be convicted of the offence which had been created in response to the Omagh bombing. But in January 2005, the conviction of Colm Murphy is overturned on appeal. He’s released after it’s revealed that Gardai forged interview notes used in the case. Some call it a technicality but his sentence is quashed altogether.Next in the dock is Murphy’s nephew, Sean Hoey. Sean Hoey is an unemployed electrician when in he’s arrested and charged with 58 offences. These include five other bombings, four bomb conspiracies and six murder conspiracies. It is one of the biggest trials in Northern Ireland’s history and will be before just a judge, and no jury. Hoey is said to be connected by DNA found on four timers of failed bombs. But as the Omagh bomb exploded, there is no DNA evidence connection to link Hoey. And at Belfast Crown Court, in December 2007, every single charge is dropped and Hoey is found not guilty.It has taken nine years; cost £16m, but in the end, the 38 year old electrician is cleared on all counts relating to Omagh and other terrorist attacks. The judge accuses the police of having a ‘slapdash approach’ to evidence gathering meaning DNA evidence couldn’t be relied on. Evidence was stored in open bags, with loose labels, in a ‘complete mess’ of a room, meaning contamination was possible. And two officers’ claims of wearing protective clothing when gathering evidence are proved false when photos show them otherwise.THE PRIVATE CIVIL CASE On 28 October 2000, families of four children killed in the bombing launch a civil action against the suspects named by BBC Panorama. Suing the suspects seems their only hope. On 15 March 2001, the families of all 29 people killed launch an appeal to raise money for their new civil action against RIRA suspects Michael McKevitt, Liam Campbell, Colm Murphy and Seamus Daly.The relatives insist the action is not about the money. But to both deter future terrorist actions and perhaps uncover evidence for use in criminal proceedings. Their chances of success are higher, however, because the burden of proof in a civil lawsuit is lower than that in a criminal one.“This is the first time anywhere in the world that victims’ families have sued terrorists.“ Michael Gallagher, who lost his only son, Aiden, at OmaghBut in 2001 The Daily Mail (and later the BBC) settle with Colm Murphy and both release statements saying Murphy has the right to be considered and maintain his innocent.In February 2002 Bob Geldof, the man behind Band Aid and Live Aid, says Omagh was like Britain’s 9/11 and publicly backs the victims campaign to bring the Real IRA suspects to justice. They require £2million to pursue their civil actions.On 8 June 2009, the civil case concludes. It took the judge three months to sift through the evidence. Michael McKevitt, Liam Campbell, Colm Murphy and Seamus Daly are found to have been responsible for the bombing. They are ordered to pay £1.6m in damages. It sets a precedent and opens the way for other victims to sue terroristsOn 7 July 2011 the Court of appeal upholds the ruling that holds Michael McKevitt is responsible for Omagh, along with Real IRA figure, Liam Campbell. But the judge also directs a civil retrial of the claims against Colm Murphy, and Seamus Daly.On 20 March 2013 Colm Murphy and Seamus Daly are found liable for the Omagh bombing. The victims' families are awarded £1.6m in damages after Judge Mr Justice Gillen describes the evidence against the men as overwhelming."For evil to triumph, all that is necessary is for good men to do nothing" Adopted motto of Omagh families

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Crime File

The Aftermath

At 4pm, on 2 April 2011, a car bomb explodes in Omagh. It kills Constable Ronan Kerr, a 25 year old Catholic policeman intending to drive to work. He only graduated from the police college three weeks before. It’s been 13 years since the bombing and as tragic and repetitive as his death appears, much has changed. Ronan served in the PSNI, the Police Service of Northern Ireland, the replacement for the much hated RUC, an organisation not known for attracting Catholics.And because the mass killings of the first Omagh bombing so revolted everyone and was so counter-productive, terrorism is no longer the daily threat it once was. And now, British soldiers no longer patrol the streets of Northern Ireland.On the streets of Omagh itself, life has largely returned to normal. You may notice occasionally that a shopper is missing a limb. Suzanne Travis, the young lady who had her foot removed by the blast while out shopping with her mother, has, along with her mother, adjusted to life with her injuries. And now Suzanne is married and has her own daughter.For some though, there can be no recovery."There was only one Anne" Stanley McCombe, who lost his best friend, his wife and mother of his two children

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Crime File

Timeline

4 August 1998 A police officer receives a telephone call saying there will be an attack on Omagh in eleven days’ time on 15 August12 August 1998 Kevin Fulton, a double agent for the British Government, tells his handlers of the location and name of a bomb-maker preparing for a new target15 August 1998 A 500lb car bomb explodes in Omagh, County Tyrone, Northern Ireland. It will claim the lives of nine children, a pregnant woman with twins and people from both sides of the divide. And 220 are injured22 August 1998 The Irish National Liberation Army calls a ceasefire to its operations against the British government1 September 1998 Sinn Fein announces the republican terrorist campaign is over22 September 1998 The RUC and Gardai arrest twelve men in connection with the bombing. All are released without charge because of a lack of evidence25 February 1999 Colm Murphy is the first to be charged in connection with the Omagh bombing19 September 2000 Senior police reveal there have been 68 hoax bomb alerts since the Omagh bomb10 October 2000 BBC Panorama names the Omagh suspects and alleges the bombing could have been prevented28 October 2000 Families of four children killed at Omagh launch a landmark civil action against the suspects29 July 2001 Kevin Fulton, an undercover operative who infiltrated the IRA, publicly claims he give information to his intelligence handlers on the bomb maker and its location but no action was taken31 July 2001 Associated Newspapers, owners of the Daily Mail, settle Colm Murphy’s action against them and state he’s entitled to be presumed innocent until found guiltyAugust 2001 Nuala O’Loan, the police ombudsman, is brought in to investigate the Omagh investigation12 October 2001 Colm Murphy trial starts in Dublin. He’s accused of supplying two mobile phones used in the bombing7 December 2001 Police Ombudsman, Nuala O’Loan, releases her damning report. It concludes that people ‘were let down by defective leadership, poor judgement and a lack of urgency’ in the RUC. Key suspects weren’t questioned and the investigation was riddled with errors. The police try to block its release and describe its contents as ‘grossly unfair’22 January 2002 Colm Murphy is convicted of conspiring to cause the Omagh bombingFebruary 2002 Bob Geldof compares Omagh to 9/11 and launches drive to raise £1million towards a civil action against the Real IRA by families of the victims19 February 2002 Ronnie Flannagan announces his retirement. Many believe it’s inevitable after his handling over Omagh21 January 2005 Colm Murphy conviction is overturned on appeal. He’s released after it’s revealed that Gardai forged interview notes used in the case. He remains the only person ever convicted with the explosion6 August 2003 Michael McKevitt, leader of the real IRA, is convicted of membership of an illegal organisation and of ‘directing terrorism’. He is the first person to be convicted of this new offence, created after the Omagh bombing. He is given a 20 year jail term2004 Seamus Daly pleads guilty to being a member of the RIRA and is sentenced to three and half years in prisonJanuary 2005 Murphy’s conviction quashed on retrial after its discovered that two Gardai had falsified interview notesJuly 2006 After 38 years, the longest operation in British military history ends with the departure of the last British troopsSeptember 2006 Trial of Sean Gerard Hoey of South Armagh begins. He is the only man charged with murder in connection with the bombings17 May 2007 Martin McGuinness says Irish republicans will co-operate with an independent, international investigation if one is created. Initially, Sinn Fein had refused to co-operate as the investigation was carried out by the RUC, a police force they believed was fundamentally opposed to their organisationDecember 2007 Judge acquits Sean Hoey, accused of being connected to the construction of the bomb timers of the remaining 56 charges against himMay 2009 Liam Campbell is arrested in Northern Ireland. Convicted for membership of the Real IRA, and sentenced to eight years, he is currently awaiting extradition to Lithuania8 June 2009 Colm Murphy, Michael McKevitt, Liam Campbell and Seamus Daly are found liable for the bombing in landmark civil case16 March 2010 A Northern Ireland Affairs Committee determines that as GCHQ doesn’t monitor in real time, they couldn’t have prevented the bombing. But it asks for another inquiry into how much intelligence was withheld and whether it could have prevented the bombingApril 2011 Dissidents use a car bomb to kill Constable Ronan Kerr in Omagh7 July 2011 Real IRA founder, Michael McKevitt, loses his appeal against civil case ruling he’s responsible for the Omagh bombing and upholds against another Real IRA member Liam Campbell2 December 2011 Michael McKevitt and Liam Campbell are denied authorisation to appeal to the Supreme Court in London. Judges also reject an application by Seamus Daly. Daly is facing a civil retrial over the bombing

20 February 2012 Detectives appeal for more information to help catch the killers of Constable Ronan Kerr20 March 2013 Colm Murphy and Seamus Daly are found liable for the Omagh bombing at the end of their civil retrial

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Crime File

The Investigation

“The sadness is of course that we know who committed this crime.” Ronnie Flanagan, Chief Constable, Royal Ulster ConstabularyThe Real IRA (RIRA) claim responsibility 72 hours after the bombing and issue an apology for the civilian casualties. They claim the intended targets were ‘commercial’ and are justified as ‘part of the on-going war against the Brits.’ Many believe the founder of the RIRA is fifty year old Michael McKevitt. He sets it up as a splinter group in November 1997 after Sinn Fein enter into talks with the British Government over the Good Friday Agreement. He is not from Northern Ireland but his wife is. She’s the sister of Bobby Sands, the hunger striker. (Bobby Sands was the IRA prisoner, and elected British MP, who starved himself to death at the age of 27. He died attempting to make the British government recognise him and other convicted terrorists not as criminals, but as political prisoners).GROUND ZERO Back at the blast area, forensics teams meticulously examine eight tonnes of rubble. It’s the largest ever murder investigation in Northern Ireland history. Nearly 80 suspects are questioned, 2,000 people interviewed and 3,000 statements taken. The investigation establishes the detonator was housed in a child’s lunch box and that the timer used was similar to other ones used by the RIRA. The car is identified as having been stolen in the Republic of Ireland and later, it had its numbers plates replaced with false Northern Ireland ones.Six million phone records are searched. This establishes that mobile phones were used by a scout car to make sure the bomb carrying car had a clear path. One report suggests young children are brought along in the scout car to deflect attention from the security forces. Using triangulation, Special Branch is able to plot the route of the bombers via their mobile phones. The bombers drove up from the Irish Republic and crossed the border to Omagh on the day of the bombing.The warning phone calls are traced to phone-boxes in South Armagh, a stronghold for the IRA, also known as bandit country. The caller’s voice is identified as having a ‘thick northern country accent’ and sounding like he was 50-55 years old. The phone boxes used are sealed and are lifted off by helicopter for forensic analysis.The police appeal to the public and new legislation and offences, such as ‘directing terrorism’ are introduced to make it easier to arrest terrorist suspects. On 22 September 1998, the RUC and Gardai (the Irish police) arrest twelve men in connection with the bombing. They’re arrested under existing laws rather than using the new Omagh initiated legislation. All are released without charge because of a lack of evidence. On 22 February 1999, seven suspects are questioned. And three days later, Colm Murphy is charged with conspiracy to cause an explosion and with membership of the RIRA. Now 48, Murphy has been involved in fighting the British since he was a teenager. Recently, however, his main activities appear to be as a builder and a pub owner in Dundalk, a town close to the Northern Ireland border.On 9 October 2000, the BBC’s Panorama programme alleges the police have other prime suspects. It names suspected RIRA leader, Michael McKevitt and also suspected RIRA member Liam Campbell. Liam, a farmer, lost his brother in 1975 when explosives he was preparing to use against the British blew up. Liam’s brother Michael is also an IRA member. The BBC programme also names Seamus Daly. Seamus, the youngest of the suspects, is an unemployed republican in his late twenties from County Monaghan, in Ireland.It’s suspected the police leak the information to the BBC because their evidence is too circumstantial to be used in court. But the programme also alleges that GCHQ, the government’s communications monitoring agency, has the capacity to listen to mobile phone calls and so could have been aware of the bombers mobile phone calls, monitored them, and possibly prevented the attack.THE UNDERCOVER INFORMANT There’s growing criticism of the investigation from all quarters. Many feel there are two separate investigations, one by the RUC, north of the border, and one by the Gardai, south of it. And both are being denied vital information by the intelligence services. And in July 2001, an undercover agent who has infiltrated the IRA for the British army, codenamed, Kevin Fulton, alleges he passed on the possibility of a bomb being prepared:“There’s something big going down because they’re mixing at night.”He claims he informed his special branch handlers of where and who was preparing the bomb three days before Omagh (though Kevin doesn’t name Omagh as the intended target.)In August 2001 Nuala O’Loan, the police ombudsman is brought in to investigate these and other claims of incompetence and cover up. As she herself admits, her presence receives mixed results:"While we got co-operation from some officers, we didn’t get co-operation from others”The following years would be as much about investigating the investigators as putting on trial the actual suspects.

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Crime File