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Irish Freedom Committee NewsList - January 2005


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IRISH FREEDOM COMMITTEE® NEWSLIST
http://www.irishfreedomcommittee.net
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Subject: COLM MURPHY FREED, CONVICTION OVERTURNED
Date: Jan. 29 2005

Overdue victory for Colm Murphy
D. Fennessy, Irish Freedom Committee

Colm Murphy has been released from jail following a victorious court ruling in favor of two major appeals in his case, out of the 45 counts of appeals he had filed in the totally false charges against him.  The primary appeals victory came last week in the proof that that Irish Free State police officers had deliberately falsified handwriting evidence to convict him.  As a result, two Gardai are now facing trial for perjury.  Colm Murphy also won a second major appeal on the basis that the courts had illegally pre-judged his sentence by calling into consideration his past convictions.

As a result of the totally false charges and unjust 4 year imprisonment of Colm Murphy, this innocent man has lost his life's financial assets and has become separated from his wife.  His family and children have been vilified in the press, and his life and the safety of his loved ones threatened by the adverse publicity surrounding his frame-up.

Meanwhile, unanswered questions still linger on who really was behind the atrocity and massive, orchestrated loss of life at Omagh.  During the frame-up trial of Mickey McKevitt the court heard on numerous occasions that FBI/MI5/Special Branch spy David Rupert admitted to driving scout cars to Omagh town before the bombing.  In addition, qualified allegations have been made that Gardai were aware that the  bombing was to have taken place nearly 2 weeks before it went off.  On the day it was detonated, police shepherded innocent civilians onto the exact spot where the bomb went off.  Army were confined to barracks that day in Omagh town.  Not a single security forces member sustained injury, even a scratch.  No tapes from the phoned-in warnings have ever been released, putting the lie to the statement that the warnings were "wrong".

Colm Murphy was framed for Omagh on the basis of totally fabricated evidence.  This "evidence" has now been properly shown to be the product of hysterical military courtroom opinions and the lies of power-hungry Free State police. How many more men and women are to suffer years imprisonment on the basis of the Free State and British puppet "In-Justice" system?

When will the real perpetrators of this massive atrocity, the willful and conspiring members of the British and Free State intelligence services, be called to answer for the massacre they allowed, for purposes of their own doing?

MORE: Omagh Cover-Up

Reprinted below:

  1. Murphy freed on bail after conviction quashing (RTE News)
  2. Omagh bomb retrial after police 'faked evidence' (London Times)

The Irish Freedom Committee® NewsList - IFC Updates
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RTE News January 28, 2005

Murphy freed on bail after conviction quashing 

Mary Wilson, Legal Affairs Editor, reports on the release of Co Louth man Colm Murphy

Murphy Free -V
28/01/2005 - 14:03:23

Colm Murphy whose conviction for an offence connected with the Omagh bombing in 1998 was quashed by the Court of Criminal Appeal last week walked free on bail from the Special Criminal Court in Dublin today.

Murphy was freed after he signed a bail bond, lodging €50,000 in cash with the court, agreeing to sign on daily at Dundalk garda station, to reside at Plaster, Mountpleasant , Dundalk and not to apply for a passport.

His daughter Ms Leonora Murphy signed a surety for €25,000 and his sister Ms Kathleen Tully lodged €25,000 in cash with the court before Murphy was allowed to leave the court.

The garda officer who led the investigation into the Omagh bomb, Detective Chief Superintendent Tadhg Foley, was present in court when Murphy complied with his bail conditions and walked free from the court.

Shortly after 1pm Murphy, wearing a blue suit, shirt and tie, accompanied by one of his sons and Ms Leonora Murphy left the courthouse at Green St and walked towards Capel St pursued by a large posse of media cameramen and reporters.

Murphy would only say: "I'm not running away" as he was pursued down Capel St at a brisk pace watched by bemused members of the public.

After some jostling with the media, Murphy suddenly entered The Boar's Head pub in Capel St. His daughter Leonora gave a brief statement to the media in which she said: "We are delighted to have my father home today. It has been a terrible miscarriage of justice. It has destroyed my father's life. We will not stop until his name is completely cleared.

"Our hearts go out to the people of Omagh. It was a terrible tragedy that should never have happened."

Murphy was remanded earlier this week by the Special Criminal Court until April 5 next when his case will be mentioned again.

Murphy was jailed for 14 years by the Special Criminal Court in January 2002 for his role in the Omagh bomb which killed 29 people, including a mother pregnant with twins, and injured over 300 in 1998.

He was the first person to be convicted in either the Republic or Northern Ireland in connection with the Real IRA bombing, the worst terrorist atrocity in the history of the 30 years of the troubles.

But last week the Court of Criminal Appeal overturned the conviction and ordered a retrial after finding that the court of trial had failed to give proper regard to altered garda interview notes and that there had been "an invasion of the presumption of innocence" in the judgement on Murphy.

During a 25-day trial in 2001 and 2002, Murphy,( aged52), a father of four, building contractor and publican who is a native of Co Armagh with an address at Jordan's Corner, Ravensdale, Co Louth, had pleaded not guilty to conspiring in Dundalk with another person not before the court to cause an explosion in the State or elsewhere between August 13 and 16, 1998.

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London Times January 22, 2005

Omagh bomb retrial after police 'faked evidence'
By David Lister


THE only person jailed over the 1998 Omagh bombing is to face a retrial after a court ruled yesterday that police officers had fabricated evidence against him.

Colm Murphy, 52, described by the judge who convicted him as a “seasoned terrorist”, will be released from the Irish Republic’s top-security Portlaoise prison as soon as he is able to raise €120,000 (£83,500) bail, the Court of Criminal Appeal in Dublin ruled.

In a 54-page judgment the three judges said that they had decided to set aside the conviction and ordered a retrial.

Lawyers for Mr Murphy, a former pub-owner and builder from Ravensdale, Co Louth, are expected to apply next week to recoup the costs of his trial three years ago, for which he was denied legal aid by the Irish Government.

They said yesterday that Mr Murphy had been “financially ruined” by his conviction.

Three years after they stood to applaud a judge for sentencing Mr Murphy to 14 years in jail, relatives of the 29 people killed in the atrocity expressed their shock at the ruling.

Michael Gallagher, whose son, Aidan, 21, was among those killed in the Co Tyrone market town, said: “Here we are, 6½ years on, and the only person convicted has won his appeal, so not one person has now been held accountable. What sort of message does that send out to society: that we can accept that a number of people can be murdered and no one can be brought to justice?”

Describing the decision as a nightmare, Victor Barker, whose 12-year-old son, James was among the victims, said: “I’m disappointed and dismayed and it can only be called a setback, but it’s not going to deter us from pursuing these people and doing everything we can to achieve justice.”

Mr Murphy, wearing a crumpled jacket and shirt, showed no emotion as the three judges ordered a retrial on two of the forty-three grounds submitted by his lawyers.

In January 2002 he became one of the most reviled figures in Ireland after his conviction for conspiring to cause the Real IRA explosion in Omagh in August 1998. His original trial found that he had lent his mobile telephone and another phone to the gang who planted the 500lb car bomb, in full knowledge of what the terrorists were planning.

Yesterday Mr Justice Nicholas Kearns, presiding, said that Mr Murphy’s conviction was “unsafe” because two detectives, Liam Donnelly and John Fahy, were found to have falsified part of their original interrogation notes of Mr Murphy in February 1999.

After an internal investigation by the Garda, Mr Fahy and Mr Donnelly appeared in Dublin District Court this month charged with perjury. They pleaded not guilty. The judges also said yesterday that the juryless Special Criminal Court in Dublin at which Mr Murphy was convicted was guilty of an “invasion of the presumption of innocence” by taking into account his previous convictions.

Mr Murphy spent two spells in Irish prisons during the 1970s after being convicting for possessing illegal weapons and membership of the IRA, and in 1983 he was sentenced to five years by a court in the United States after trying to purchase M60 heavy machineguns on behalf of the Irish National Liberation Army.

Mr Murphy was taken back yesterday to Portlaoise, but will be free as soon as he raises funds for bail. He was ordered to surrender his passport and to report daily to a police station in Dundalk, Co Louth.

His sister, Angela Reilly, said that justice had been served. “We are relieved. It’s been a terrible time for us all,” she said.

Michael McDowell, the Irish Justice Minister, said last night that he would study the court’s decision. Mr Murphy is one of five alleged Real IRA members being sued by relatives of those killed at Omagh in a landmark case at Belfast High Court.

THE CAR BOMB ATTACK

530lb car bomb was detonated in Omagh, Co Tyrone, on August 15, 1998, causing the biggest loss of life of any single incident in 30 years of violence. Some 29 people died, including unborn twins. More than 300 were wounded

The police investigation in Northern Ireland was criticised by the independent Ombudsman in 2001 and the Royal Ulster Constabulary was accused of “defective leadership and a lack of urgency”

Dozens were arrested on both sides of the border. Five alleged Real IRA members are being sued by relatives of the dead in Belfast High Court 


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The Irish Freedom Committee® NewsList - IFC Updates


Irish Independent
18 Jan 2005

Seven hurt in prison brawl between Real IRA factions


SEVEN prisoners were treated in hospital yesterday after a vicious row erupted between members of the two opposing Real IRA factions in the top-security Portlaoise jail.

The dissidents used chair legs and broom handles to attack each other in a melee that lasted half an hour before it was brought under control by staff.

Most of the injured suffered cuts and bruises to the face and body and all of the seven were discharged from Portlaoise Hospital by last night.
 
Prison governor T J Walshe has ordered an immediate investigation into the circumstances surrounding the republican row and disciplinary action may be taken against some of the dissidents involved.

The opposing factions are led by the former Real IRA chief of staff, Michael McKevitt, and his one-time director of operations, Liam Campbell.

The two men are now bitter enemies and their supporters are kept apart on separate landings in the jail's E wing, which houses around 40 subversive prisoners.
 
The groups are allowed to mingle as the cells are unlocked in the morning and they walk out to collect their breakfast and bring the food back to the cells.

Tension has been high in the wing in recent weeks because of the split in the dissident group and it spilled over at about 8.40am when two prisoners clashed at the end of a landing.

Others joined in and grabbed chairs and brushes to use as weapons. According to the Irish Prison Service last night, up to 15 prisoners were involved at the height of the disturbance but staff said at least 30 took part.

Staff reinforcements were rushed to the scene and restored calm. The dissidents were taken back to their cells while the injured were treated on the spot by medical staff and then taken to the hospital across the road.

Other inmates in the jail, which has an overall population of around 120 prisoners, did not become involved in the incident.

Among the injured were two Limerick men: James Bullman, who was convicted in May 2003 of unlawful possession of a grenade and ammunition at Garryowen the previous year; and Jeffrey Lee, serving a three-and-a-half year sentence for unlawful possession of a Webley revolver at Thomondgate in November 2003. 

The Prison Officers' Association said last night it was seriously concerned about staff safety because of the feud between the Real IRA factions and sought an urgent meeting with prison management. An experienced staff member said it was one of the worst incidents in the jail over the past couple of decades.

Visits to the dissident prisoners were curtailed yesterday.

Last year, McKevitt, who is serving a 20-year sentence for directing a terrorist organisation, and 22 of his supporters lost remission of their sentences as well as a month's privileges because they refused to obey jail rules. Campbell was convicted of membership of an illegal organisation. Both men are being sued by the relatives of the victims of the Omagh bomb atrocity in a civil compensation case.

 


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Gardaí are linking the discovery of a live pipe bomb underneath a van in north Dublin this morning to dissident republicans.

Two men were arrested in connection with the discovery, which forced the evacuation of a number of homes on Belcamp Crescent in Clonshaugh.

The device was spotted at around 1am and residents were only allowed to return to their homes around three hours later, when bomb disposal experts had made the area safe.

Gardaí said today that the two men being held in connection with the incident were also being questioned about Continuity IRA activity.
----------------------------------------------------------

Two men held as gardaí foil pipe bomb attack in suburb

By John Breslin
A PIPE bomb left under a van outside a house in north Dublin was a sophisticated device capable of causing serious injury or death, if it exploded, gardaí said last night.

Two men allegedly involved in planting the device were being questioned last night by detectives. They are being questioned about the activities of the dissident republican group, the Continuity IRA.

The pair were picked up close to the scene after neighbours rang the gardaí and reported suspicious activity. Twelve homes at Belcamp Crescent, Clonshaugh, including that of the intended target, were evacuated as army bomb disposal experts were called in. In an operation lasting nearly three hours, a probe was sent in to check the device before it was disabled using a special water jet.

The device was then taken away for forensic examination. A senior garda confirmed last night the bomb was a live explosive device and of a sophisticated type.

Gardaí were last night investigating a motive for the aborted attack but believe it may be linked to the extortion activities of the dissident republicans.

One neighbour of the intended target described how they were woken shortly after 12.30am by a loud banging on the door. Gardaí told them to leave immediately.

“At first we didn’t know what was going on. There was nowhere organised for us to go so we sat in our cars.

“Nobody told us that the operation was over but the army van left and it was obvious we could go home,” said the neighbour.

The two men, one from Palmerstown, the other from Ballyfermot, were arrested under Section 30 of the Offences Against The State Act and can be held without charge for a maximum 72 hours. A garda spokesman said: “The discovery was made shortly before 1am and an Army EOD team was immediately called to the scene. A number of residents in the area were evacuated during the security operation.

“The men were arrested in the vicinity of the incident and are now being held at Coolock and Santry Garda Stations.”

Gardaí later confirmed they were also questioned about the activities of the CIRA. The group, though small, remains active. Several members have been jailed for various activities, including bomb making.
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Two Dublin men were charged at the Special Criminal Court this evening in connection with the discovery of a pipe bomb under a van in north Dublin yesterday.

Daniel Mc Faul (aged 20), of Croftwood Crescent and Christopher McCarthy (aged 27), of The Vale, Woodfarm Acres, Palmerstown were each charged with the unlawful possession of an explosive substance at Belcamp Crescent on Thursday.

They were also each charged with membership of an illegal organisation on the same date.

The court heard evidence from members of the Special Detective Unit that the two men were arrested at the Darndale Link Road just before 1am yesterday.

Both men were remanded in custody until next Wednesday when a bail application is expected to be heard.
-------------------------------------------------------------------------------
This one has info on a separate 'Real' IRA arrest
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TWO suspected leaders of the Real IRA faction aligned to the organisation's former chief of staff, Michael McKevitt, were in Garda custody last night.

The two men, regarded by Special Branch officers as being in the top three in the renegade group, were arrested by armed detectives after linked operations in Dundalk and Dublin.

The arrests followed the seizure of ammunition, bomb-making equipment and explosive substances as a result of a surveillance operation.

In a separate incident, gardai seized a handgun which they believe was to have been used in a row among a breakaway group of Continuity IRA members who have become involved with criminals from Dublin and Limerick.

One suspected dissident was arrested when gardai recovered the handgun in Lucan yesterday afternoon and further inquiries were under way last night.

Anti-terrorist detectives are also confident that inquiries earlier this week dealt a major blow to a new Continuity IRA unit which had been active in the capital in recent months.

This unit was comprised of former members of an IRA youth wing and had carried out a number of attacks on people they believed were involved in drug trafficking.

In the crackdown on the Real IRA yesterday, gardai detained a leading suspect outside Dundalk when they recovered a quantity of ammunition and explosive substances.

In a co-ordinated swoop in the centre of Dublin, gardai carried out a search of a business premises and found more ammunition and bomb-making equipment. One man was detained and another, recently released from jail, was arrested nearby.
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Three charged at Special Criminal Court

23 January 2005 19:11
Three men have this afternoon been charged at the Special Criminal Court with unlawful possession of explosives and ammunition.

The men were arrested in Dundalk and Dublin on Friday.

Francis McGeown of Cedarwood Park, Dundalk, Ciaran Dunne of Elmbrook Ave, Lucan Co Dublin and Paschal Burke of Marrowbone Lane, Dublin 8, were all remanded in custody to appear again at the Special Criminal Court next Friday.
-----------------------------------------------------------------
These are from the 'Real' IRA

In last hour:
Pascal Burke, Francis McGeown and Ciaran Dunne all charged with possession of explosives and remanded to Portlaoise till Friday. 


Posted on 23/1/2005 at 15:33:07 by WISE UP

IRBB dublin john wrote this about the same article

Is there any truth that there is a breakaway group of Continuity IRA members who have become involved with criminals from Dublin and Limerick or is it the usual tabloid rubbish.

I heard from reliable sources that the intended target of the pipe bomb was a loyalist drug dealer who has been residing in Dublin for a number of years. He is an assosiate of a scmbag who is serving a senteance in wheatfield for extortion. The CIRA made a threat against him for using there name in his and another individuals extortion attempt on the owner of a lap dancing club.

 


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Date: Wed Jan 5, 2005 6:18 am
Subject: Concern as Couple in Arms Case Freed

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Concern as couple in arms case freed

(Maeve Connolly, Irish News)

A senior nationalist politician has questioned how
a couple accused of possessing ammunition at their Co
Armagh home have walked free from court.

A judge yesterday (Monday) said he could not
determine whether the couple had jointly kept the
bullets or which one had done so.

Last night SDLP assembly member Dolores Kelly hit
out at the "appalling" decision which she said had set
"a dangerous precedent".

Police found 61 live rounds of ammunition in a
lunch box hidden in a wheelie bin at Neil and Victoria
Hyde's Merrion Drive home in Lurgan.

Other items were discovered during the planned
search on December 27 2002 but they were not the
subject of any charge. The haul included LVF
paraphernalia, six balaclavas, gloves, two replica
handguns and almost 100 blank rounds.

These were found secreted in a second bin and a
hollow brick surround in the living room of the
property.

Ms Kelly said she was concerned at "the charmed
lifestyle some people in Lurgan live".

The Upper Bann assembly member said the LVF
material and other items should have been taken into
account.

"How can law and order mean anything if people can
get away with these things?" she asked.

"What do people have to do to face a custodial
sentence?"

Belfast Crown Court Judge Mr Justice Morgan told
Mr Hyde (25) and his 23-year-old wife that the
circumstances of their case "do not assist me in
concluding that the possession was joint or that one
of the defendants was individually or jointly in
possession" of the live rounds.

There was no forensic evidence linking the couple
to the lunchbox and during interview each denied ever
having seen it, the judge said.

Mr Justice Morgan said that the couple had relied
on the circumstances of the find and their interviews
"to put in issue the question as to whether the
offending items were possessed by them jointly or one
of them individually".

Once this question had been raised by the
defendants "it follows that the onus of proving that
each defendant was in possession had to be discharged
by the Crown beyond reasonable doubt", he said.

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