Omagh Relatives case - Dublin hearings

Gobán Saor

The Belfast High Court is now sitting in Dublin, in the four courts. Evidence is being taken from Gardai involved in the investigation and/or surveillance of the "Real IRA." Apparently District Justice Conall Gibbons is sitting in on, or involved in the case in some way.

I'm curious to know precisely what Court is hearing this and on what basis? There's a report in the indo today which seems to confuse the issue while trying to explain it. It refers to a 7 year old EU regulation and also a recent enactment to facilitate the trial. I can't find anything recent on Oireachtas website, though.

Here's the indo's take on it. (My emphasis and numbering added.)

HISTORY will be made this morning when the High Court in Belfast sits in Dublin's Four Courts to conduct part of the landmark Omagh civil action.

The £14.5m action -- against five men who victims' relatives believe are responsible for the blast -- is the first time anywhere that victims of terrorism have attempted to sue alleged perpetrators in the courts.

In an unprecedented move, an Irish District Court judge sat yesterday to begin taking evidence from some 50 gardai summonsed (1) to testify by the families, marking the first time evidence for a case in Northern Ireland has been heard in Dublin.

After prolonged legal argument over the admissibility of certain evidence, District Court Conal Gibbons ruled (2) that Declan Morgan -- the judge presiding over the case in Belfast Crown Court -- could sit in the Four Courts, instead of relocating the trial back to Northern Ireland.

Although present at the taking of the evidence, a procedure enacted by the Government just weeks ago (3) to facilitate the Omagh action, trial Judge Morgan has no judicial powers here.(4a)

But Judge Gibbons has made the Four Courts available to his Belfast colleague this morning to allow him to consider objections to the families' questions raised by the defendants and to adjudicate on the admissibility of opinion evidence (4b)by gardai which has been strenuously opposed by the men's lawyers.

Atrocity

Although no-one has been convicted of the 1998 atrocity, the historic lawsuit names Michael McKevitt, the alleged leader of the Real IRA; Liam Campbell, the man said to be his number two, Colm Murphy, Seamus McKenna and Seamus Daly.

Yesterday, barristers for the men, excluding Liam Campbell, who is unrepresented in the proceedings, said that the names of their clients could be tarnished if they were not permitted to question evidence as it is given.

Michael O'Higgins, representing Michael McKevitt, said that his client's fair procedures and right to good name would be breached if a question asked was clearly inadmissible, and an answer given damaging to his client.

"Damaging answers will be published the length and breadth of the the country," said Mr O'Higgins, who also complained about the short time- frame within which the defendants received the families' questions, leaving the men with no opportunity to make submissions to the trial judge in Belfast before the case relocated to Dublin yesterday morning.

The bombing, which was the the worst atrocity during the Troubles, killed 29 people, including a woman pregnant with twins.

The action moved to Dublin yesterday under a seven-year old EU regulation (5)which makes it easier to take evidence in commercial and civil cases in another member state.

Yesterday members of An Garda Siochana, many of whom are expected to raise a public interest immunity to certain questions(6), owing to the sensitive nature of their investigations, were denied separate legal representation.

Instead, Brian O'Moore, who is acting for each of the gardai, will maintain a "watching brief" and will make submissions where the court (7) permits.

The following questions arise:

!) Who issued the summonses to Gardai, the Irish courts or a UK court. Did they have to comply?
2) This sounds like District Justice Gibbons is hearing the case and exercising judicial powers?
3) What procedure and enactment? Can't find it on Oireachtas website? Could it be an SI?
4a) "trial Judge Morgan has no judicial powers here" - sounds clear enough
4b) But this sounds like Morgan is hearing the case and exercising judicial powers?
5) What regulation is this?
6) Sounds like a UK law concept - don't think it arises in Irish law.
7) Which court? Which Judge?

Supplementary question: If issues of perjury, perverting justice or criminal contempt in facie curae were to arise, which judge/legal system has authority and on what basis?