Omagh bomb accused may be bailed

(An edited version of this piece was published in the Sunday World April 26th 2014)

The South’s Department of Justice is seeking advice from the Irish Attorney General as to whether it can release certain evidence against the only man accused of the Omagh bombing, a prosecution lawyer told Omagh Magistrates Court on Tuesday. Seamus Daly appeared at the Court by videolink from Maghaberry Prison, charged with 29 murders, and four counts relating to explosions.

The lawyer told the Court the advice related to identification evidence against Daly, and statements he allegedly made in Garda custody. “This is because of a Supreme Court decision that searches under Section 29 of the Offences Against the State Act were illegal,” the lawyer said. “We cannot see how this can be unconstitutional.” He said that a witness had picked out a photo of Daly as being the person who used the phone on August 15^th 1998, the day of the bombing. “The evidence of the eyewitness in the Republic of Ireland is critical against Mr Daly,” the lawyer said. During questioning by Garda, Daly had admitted he owned the phone.

The lawyer said the Public Prosecution Service and PSNI had met the Guards about telephone evidence on Monday of this week. “During the meeting, it was indicated by the Guards that the phone evidence had been collated,” he said. However, he said two court hearings were required before it could be handed over. “It should be with the Public Prosecution Service in six weeks,” he said.

The lawyer said the Public Prosecution Service had requested the evidence in September last year in an International Letter of Request. It is to seek clarity as to when the material will be delivered.

A defence lawyer accused the Public Prosecution Service of “undue delay. All the evidence was in existence from 1998. Now it has transpired we have no date as to when evidence against Mr Daly will be transferred to this jurisdiction.” He appealed for his client to be released on bail.

Judge Bernie Kelly said she was becoming somewhat concerned. Addressing the prosecution lawyer, she said “If you are not in a more definite position in six weeks time, the case for bail is strengthened.” The lawyer said: “That is perfectly reasonable.”

Judge Kelly remanded 44 year old Daly, of Kilnassaggart Road, Jonesborough, Co Armagh, in continuing custody until Mary 19^th. “Two weeks beyond that, there should be a response,” she said. She told the defence lawyer that he might wish to put the Prosecution on notice at the May 19^th hearing that he was applying for bail.