25/07/2002

Omagh funding opens door to court action

Relatives of the 29 people killed in the Omagh bomb are set to mount a civil suit against the alleged perpetrators after a public appeal netted the group enough money to proceed with the action.

The Omagh Victims' Legal Trust raised their £1 million funding target only days before the deadline for legal proceedings runs through. There had been concerns that, despite a high-profile campaign backed by a variety of public figures including Sir Bob Geldof and US President George W Bush, the appeal would fall short of the required amount.

In an interview with the Daily Mail, a spokesman for the Victims' Trust said: "Both we and the families had real concerns that we simply would not be able to raise enough support in time.

"This means they can go ahead, but the fundraising campaign does not end here. There will obviously be other legal costs over the months ahead as the case comes to court."

A solicitor for the family Jason McHugh said that the families' priority is to have the recognition of a judgment made in a court of law over and above any damages they could receive from civil proceedings.

The families had issued writs at the High Court in Belfast against the five alleged bombers last August and had 12 months in which to serve the writs against them. The establishment of the £1 million legal fund now opens the way for that to happen.

Chair of Omagh Victims' Group Michael Gallagher – whose son Aidan was killed in the explosion – said that the families were "thankful" of the support they had received from the public.

"The vast majority of the money raised has come from ordinary people across Britain and Ireland. They have empowered the families to do what we are doing and we are thankful," he said.

The Real IRA claimed responsibility for the bomb which killed 29 people, including a woman pregnant with twins, and injured hundreds on August 15 1998. There has only been one conviction in relation to the bombing. Colm Murphy, a 49-year-old father of four from Co Louth, was convicted at Dublin's Special Criminal Court in January for conspiring to cause the bombing. He was sentenced to 14 years.

Whilst a civil court does not have the power to incarcerate individuals, the judgment is weighted on the "balance of probabilities", a lesser assessment of evidence than in criminal proceedings.

Should the alleged bombers be found culpable by the civil court, they face the prospect of having their assets confiscated and paying damages.

(GMcG)

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