PSNI bid to stall Omagh bomb civil case rejected

Liam Tunney, Belfast Telegraph, January 23rd, 2025

JUDGE RULES OUT POLICE APPLICATION FOR PROCEEDINGS DELAY ON HUMAN RIGHTS GROUNDS

A police application to delay a civil case against the force in relation to how it investigated the Omagh bomb has been ruled out by a judge on human rights grounds.

The PSNI had recently sought to place a stay on civil proceedings initiated by Michael Gallagher — the father of one of the victims — until after the inquiry's completion, citing a potential overlap between the case and the work of the inquiry.

Counsel for the police also argued a delay to proceedings would result in a saving of public money.

However Judge Master Evan Bell noted no estimate on the amount had been provided.

“In weighing the relevant factors I also take into account that there is no risk of prejudice to the Chief Constable's legal position if Mr Gallagher's civil action continues,” he said.

“Nor has there been any submission that the inquiry's position will be compromised in any way.”

Twenty-nine people, including a woman pregnant with twins, were killed when a Real IRA blast ripped through the market town in August 15, 1998.

The breakaway terror group, formed by disillusioned members of the Provisional IRA's South Armagh Brigade following the ceasefires, was responsible for the bomb.

But Mr Gallagher, whose 21-year-old son Aiden died in the explosion, launched a long-running civil case alleging the then RUC failed to carry out an effective investigation into the atrocity.

Coroner says ‘time and delay’ considerations were key factors in his decision 

He believes the alleged shortcoming amounts to a failure to protect the right to life under Article 2 of the European Convention on Human Rights (ECHR).

The outcome of Mr Gallagher's application for a judicial review also resulted in a Public Inquiry into whether the Omagh bomb was preventable by state authorities — the first hearing got under way in July 2024.

In his ruling, Master Bell said any staying of proceedings would be unlawful if it resulted in a breach of the “reasonable time” guarantee contained in Article 6 of the ECHR — the right to a fair trial.

“The factor which bears the heaviest weight in this application is, however, the issue of time and delay,” he added.

“In light of the history of these proceedings so far and the inevitable vagaries of the indications as to how long a delay any stay might occasion, I cannot be satisfied that the balance of competing interests in this case fall in favour of a stay of the civil proceedings pending the conclusion of the Inquiry proceedings. In my view a stay is not an option consistent with either Article 6 of the ECHR or the overriding objective of the Rules. I therefore dismiss the application.”

It comes as the public inquiry is set to resume next week.

Mr Turnbull previously told a preliminary sitting that the inquiry would undertake its task “rigorously and fearlessly”.

“It will not allow itself to be deflected from its purpose by the difficulties which may lie in its way on account of the passage of time, or the volume and complexity of materials it may be asked to consider,” he added.

The PSNI has been approached for comment.

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