British demand secrecy over Omagh bomb, Doherty killing

Posted by Jim on December 24, 2016

The High Court in Belfast has allowed the British government to hold a
secret hearing in a legal action over the alleged cover-up of the 1998
Real IRA Omagh bombing.

It granted a declaration to enable a closed session after hearing
an argument that the disclosure of “sensitive material” could damage
“national security”.

The move forms part of a wider challenge to the British government’s
refusal to hold a public inquiry into the August 1998 attack. British
Crown forces are alleged to have monitored the bomb and allowed it to
proceed to Omagh town centre and to explode there, killing 29 civilians,
despite having advance knowledge and despite receiving telephoned bomb
warnings to clear the area.

Michael Gallagher, whose son Aiden was among 29 people killed, is
attempting to have the British refusal to hold a public inquiry
judicially reviewed.

The case centres on claims that a range of British agencies, including
MI5 and RUC Special Branch, could have prevented the attack. A gap in
the information relates to the monitoring of the bomb and scout cars as
they crossed the border into Omagh on the day.

Counsel for the British government applied for the right to hold a
“closed materials” hearing ahead of the main legal challenge. Delivering
judgment on the government’s application, the judge claimed it was in
the interests of justice to hold a secret hearing.

“The court is satisfied that the sample of closed material which it has
seen contains substantial reference to sensitive material, the
disclosure of which would be damaging to the interests of national
security,” he said.

The case will now advance to a full hearing in the new year.

INQUEST SECRECY

Meanwhile, lawyers for the family of Derry man Kieran Doherty have said
they are “deeply concerned” after the state attempted to hold a
preliminary hearing into his death behind closed doors.

Coroner Brian Sherrard ruled the secretive session be allowed after
Crown lawyers claimed that to disclose details on documents “posed a
risk to life”, before a last-minute intervention by counsel for the next
of kin.

In the weeks before his death, Mr Doherty warned MI5 attempted to
recruit him as an agent and members of his family have raised concerns
that state agents could have played a role in his death. Mr Doherty’s
body was found dumped on a border road in Derry on February 24 2010. The
31-year-old had been stripped and bound before he was shot dead in a
killing blamed on allegations that Mr Doherty had been growing
marijuana.

Doherty family lawyer Paul Pierce said: “We have come here today for a
further preliminary inquiry on this matter, to be told moments before
this was to commence that the Crown Solicitor’s Office on behalf of the
Secretary of State and the Police Service of Northern Ireland wanted to
go into closed hearing.

“As we have seen, there were three hours of discussion back and forward,
much of which we were not involved in at all, but it was only on the
basis of our objections to those closed hearings taking place that the
matter has resolved itself today; the normal process for the
consideration of documents and redactions will be carried out as it
normally is.

“We are deeply concerned about the way in which the state is approaching
these cases by attempting to have closed session hearings and exclude
the next of kin and their legal representatives.”

Mr Doherty’s uncle, Vincent Coyle, said that all evidence in the inquest
should be made public.

“We want a full and thorough disclosure of all information no matter how
hard it is for the public or the government to take,” he said.
“The Doherty family deserve truth, justice and a way of beginning to
heal, as does this entire city.”