| Omagh accused's lawyers say prosecution unlikely
Aug 8, 2005
(Irish News)
Lawyers for a man accused of murdering 29 people in the Omagh bomb massacre have
launched a new bid to have the case against him halted.
Electrician Sean Hoey (35), is due to go on trial later this year for Northern Ireland's worst atrocity.
But at Belfast Magistrates Court yesterday (Wednesday) his legal representatives claimed he had been framed, warning there was little
chance of a successful prosecution.
Defence solicitor Peter Corrigan alleged there was less evidence connecting his client to the outrage than against a man who had charges
of supplying the bomb car dropped.
He said: "In the light of that I would ask the prosecution to review this case, see if there is a real prospect of conviction and
immediately withdraw the charges.
"Mr Hoey is obviously a political scapegoat."
Hoey of Molly Road, Jonesborough, South Armagh, faces a 61 terrorist and explosives-related charges. Among these are the 29 killings in the
dissident Real IRA's no-warning strike on Omagh.
Hundreds more were injured when a 500lb car bomb detonated in August 1998, devastating the Co Tyrone market town.
Hoey was accused of the Omagh killings after a major review of all available forensic evidence.
A dozen boxes of files have been gathered on the suspect, who has also been charged with Real IRA membership. But Mr Corrigan expressed
serious concerns at how the case has been handled, declaring: "We would submit that these proceedings have been infected."
The lawyer referred to the dropped action against Anthony Donegan.
The 34-year-old from Dundalk in the Irish Republic was freed in June on the orders of the Public Prosecution Service after a study of the
police file.
Mr Corrigan said: "The evidence against Mr Donegan was that he had confessed in a Garda station that he was the person who stole the
Vauxhall Cavalier used in the Omagh bombing."
Stressing the significance of the alleged admission, the solicitor compared it to the case against Hoey which, he said, was based
exclusively on the word of a forensic scientist.
"His evidence is that Mr Hoey may have been responsible for the Omagh bombing," Mr Corrigan said.
The first stage in Hoey's trial is due to begin on August 30. But, after the defence requested details of the Crown's skeleton argument
for accepting the strength of evidence from the forensic scientist, yesterday's hearing was adjourned until tomorrow.
A prosecuting solicitor said that a PPS assistant director had been involved in preparing the file. She added: "It's his view that there's
a realistic prospect of conviction."
August 12, 2005
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Sunday Business Post
August 10, 2005
Lawyers bid to dismiss case against Omagh accused
10/08/2005 - 5:15:10 PM
Lawyers for a man accused of murdering 29 people in the Omagh bomb
massacre today launched a new bid to have the case against him halted.
Electrician Sean Hoey, 35, is due to go on trial for Northern Ireland's
worst terrorist atrocity later this year.
But at Belfast Magistrates Court today his legal representatives
claimed he had been framed, warning there was little chance of a
successful prosecution.
Defence solicitor Peter Corrigan alleged there was less evidence
connecting his client to the outrage than against a man who had charges
of supplying the bomb car dropped.
He said: "In the light of that I would ask the prosecution to review
this case, see if there is a real prospect of conviction and
immediately withdraw the charges.
"Mr Hoey is obviously a political scapegoat."
The accused, of Molly Road, Jonesborough, South Armagh, faces a total
of 61 terrorist and explosives-related charges.
Among these are the 29 killings in the dissident Real IRA's no-warning
strike on Omagh.
Hundreds more people were injured when a 500lb car bomb detonated in
August 1998, devastating the Co Tyrone market town.
Hoey was accused of the Omagh killings after a major review of all
available forensic evidence.
A dozen boxes of files have been gathered on the suspect, who has also
been charged with Real IRA membership.
But Mr Corrigan expressed serious concerns at how the case has been
handled, declaring: "We would submit that these proceedings have been
infected."
The lawyer referred to the dropped action against Anthony Donegan.
The 34-year-old from Dundalk in Co Louth was freed in June on the
orders of the Public Prosecution Service after a study of the police
file.
The first stage in Hoey's trial is due to begin on August 30.
But, after the defence requested details of the Crown's skeleton
argument for accepting the strength of evidence from the forensic
scientist, today's hearing was adjourned until Friday.
A prosecuting solicitor told the court that a PPS assistant director
had been involved in preparing the file.
She added: "It's his view that there's a realistic prospect of
conviction."
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Selective Internment
Free John Brady Campaign
Aug. 7, 2005
The Brady family and John’s supporters intend to intensify the campaign
in a peaceful and dignified manner.
We welcome support from any person or organisation, but we will not
tolerate anyone using this campaign to further their own political
agenda. While we recognise that John is not the only prisoner being
held as a political hostage, we would like to assure other family’s
that we are prepared to give what ever support and assistant that they
require.
We welcome the release of Sean Kelly, but condemn the double standards
being meted out against Republican prisoners. John is a victim of the
Good Friday agreement and the abandonment of Republican values. Like
Sean Kelly he is a political hostage but one without a political
decision securing his release.
John was released from Long Kesh in 1989 under the terms of the Good
Friday agreement. He was rearrested in November 2003 and charged with
possession of weapons allegations that John has strenuously denied
since his incarceration. The charges against John and his co accused
were dropped, but John was returned to prison in 2004.
The reason for John’s return was damaging information, to date John or
his Legal team have been unable to define what this statement means,
but they are well aware of the impact that it is having on John. In the
absence of any other explanation we can only conclude that John’s
continued incarceration is nothing more than an organised campaign of
selective internment.
We call on people to come out and show their support for this campaign
and the unconditional release of John Brady. Don’t let the British
establishment and their implementation team stamp us into submission.
John Brady today, it could be your son or daughter tomorrow, Demand
this man’s immediate release.
Spokes person for the Free John Brady Campaign.
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Strabane Man 'Interned By Remand' - Solicitor Says
Derry Journal
Friday Aug. 5, 2005
'Internment by remand' is how the solicitor of a Strabane man has described his continued incarceration in Maghaberry Prison.
John Brady was released on licence in 1998 after spending eight-and-a-half years in Long Kesh on charges relating to the Provisional IRA murder of an off-duty policeman near Strabane in June, 1989.
Constable David Black (34) was killed by a booby trap bomb attached to his car outside his home at Ballyheather Road, Artigarvan.
Brady was re-arrested in Derry in November 2003 and later charged with having weapons.
However, despite all charges against him being subsequently dropped, the well-known Strabane republican was returned to prison in June 2004.
He was later informed that his licence had been revoked by the then Secretary of State, Paul Murphy, because he was still deemed a "risk to the public."
Brady's solicitor, Peter Corrigan, of Kevin Winters Solicitors, told the 'Journal' this week that, at no stage since then, has his client or his legal representatives been given details of the "damaging information" on which he has been jailed.
Mr. Corrigan said: "Not once have we been given any concrete information to explain why Mr. Brady's licence was revoked.
"All we've been told that he is in prison because, based on 'damaging information', he's regarded as a 'risk to the public'.
"John Brady has not been charged with any alleged offence. No evidence linking him to any alleged offence has been produced.
"As such, his continued imprisonment can only be viewed as a form of internment on remand."
Mr. Corrigan says his client's case is scheduled to be discussed by the Sentences Review Panel some time in the next few weeks.
"I would be hopeful that, given the circumstances as I have outlined, he will be released from prison, he said.
"My client is anxious to be reintegrated into the community where he aims to play a positive role."
Brady's case is supported by both the SDLP and Sinn Fein.
Strabane SDLP MLA Eugene McMenamin says no-one should be detained without trial or charge.
"Human rights legislation should be applied right across the board," he remarked.
"There are structures in place and they should be used. If there is no evidence against a prisoner, then he or she should be released immediately.
"This is an issue that will be raised at several levels," he said.
Strabane Sinn Fein councillor Brian McMahon, who is also Chairman of Strabane District Council, agrees that Brady's continued incarceration is "tantamount to internment" and insists he should be released immediately.
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Sunday Independent
July 13, 2005
Extradition of Real IRA activists 'bypassed legal codes'
THE UK government bypassed fundamental legal principles in securing the extradition from Slovakia of three Real IRA activists who were snared by British secret service agents posing as Iraqi arms dealers, the Appeal Court in London heard yesterday.
The three were all jailed for 30 years at Woolwich Crown Court in 2002.
In a case said to have wide ramifications for the conduct of future terrorism trials, Michael McDonald, Declan Rafferty, and Fintan O'Farrell are battling to overturn their convictions for alleged terrorism offences on grounds that their extradition to face trial was illegal.
All three men - from Co Louth - are said by the prosecution to have been members of a Real IRA cell which travelled to Slovakia in early 2001 on orders to secure cash and arms after their leader, Michael McKevitt, became interested in "state sponsorship for his activities".
Britain's security services had learnt of his interest, and lured the trio to Slovakia, the court heard.
The 'sting' culminated in the trio's arrest by Slovak police in July 2001.
After a protracted legal dispute they were then extradited to the UK. The trio's counsel Julian Knowles told Lord Justice Hooper the three were brought to the UK for trial in circumstances which "offended" their basic human right "to have their liberty from detention tested before the courts".
The hearing is set to last two days.
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Two jailed over incendiary bomb
BBC News
July 1, 2005
The incendiary bomb was left in Belfast city centre
Two men who tried to blow up a city centre car tax office, have been jailed for a total of 17 years.
Terence McCafferty, 36, from Dill House, New Lodge, Belfast, and Paul Donnelly, 26, from Colinview Street, Belfast, admitted having explosives.
They left a device, which was later defused, outside the motor tax office at Upper Queen Street in November 2002.
Donnelly was shot by a police officer as they fled. Police blamed dissident republicans for the attempted bombing.
At Belfast Crown Court on Friday, Judge Mr Justice Weir said the device, "had the potential to cause serious injury to innocent passers-by".
The would-be bombers were being watched by police and army as the bomb was driven to the tax office.
'Under surveillance'
The court heard that McCafferty was driving the stolen car containing the improvised incendiary device. Donnelly followed in another car, waiting to pick him up.
However, after the pair drove off, police intercepted them at the junction of Howard Street and Great Victoria Street and Donnelly was shot.
Sending McCafferty to jail for 12 years and ordering that Donnelly complete two years' probation after his five-year term, Mr Justice Weir said the pair were lucky not to be facing more serious charges.
"Our society has had more than sufficient experience of the misery created by terrorist activity of this type," he said.
"At a time when efforts are being made to restore normality with considerable success, had this device exploded the damage caused to that process would have been considerable," he said.
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