Omagh bomb families call for special advocate for closed hearings at inquiry

South Wales Argus

5 days ago

Omagh Bombing Inquiry chairman Lord Turnbull is hearing arguments around applications during dedicated hearings this week.
Counsel to the inquiry Paul Greaney KC said the inquiry, which is probing whether the 1998 dissident republican bomb attack could have been prevented, will hear some sensitive security evidence in closed hearings.
Paul Greaney KC, counsel to the Omagh Bombing Inquiry (Liam McBurney/PA)
The atrocity in the Co Tyrone town on August 15 1998 killed 29 people, including a woman pregnant with twins.
Speaking during hearings in Belfast on Monday, Mr Greaney said the inquiry's legal team recognises that survivors and the bereaved have spent 25 years seeking the truth, and may be 'suspicious or even cynical of the UK state's willingness to engage in a way that is straightforward and wholehearted with this inquiry'.
'We acknowledge too, that the idea of evidence being heard in circumstances in which the families and survivors will be excluded is one that they will find difficult to accept, to say the least, and accordingly, we regard it as entirely understandable that some, although not all, have suggested special advocates should be appointed to represent their interests in any closed hearings, and have made applications for that to occur,' he said.
Outlining the arguments that will be made, Mr Greaney said some contend special advocates cannot legally be appointed in a statutory public inquiry, while others have said if such a power does exist it should not be exercised.
Northern Ireland Secretary Hilary Benn (PA)
He said others have said special advocates can legally be appointed in an inquiry, and should be in this case to ensure the interests of the bereaved and survivors are protected, meanwhile others are neutral, and one group has said they are content to leave the matters to the inquiry's legal team.
Mr Greaney also revealed that both the Advocate General of Northern Ireland Lord Hermer KC and Secretary of State Hilary Benn's position is that there is no power to appoint a special advocate in a statutory public inquiry.
It was also noted that special advocates were not appointed in the inquiry into the death of former Russian spy Alexander Litvinenko or in the Manchester Arena Inquiry.
Hugh Southey KC, acting for some of the bereaved families and survivors, emphasised the importance of a process from which everyone walks away feeling confident in the outcome.
He said those which he represents have been calling for the appointment of a special advocate since the early days of the inquiry.
'They obviously have a degree of scepticism about the state's position in relation to this inquiry,' he said.
'There has been considerable delay in getting to this stage and also there is a history, they would argue, of the state not necessarily of being fully open, essentially about what's happened in the past, and because of that they are of the opinion that it is particularly important that any closed procedure involves the state being fully tested, and it's important also that they have confidence in the outcome of any closed procedure.'
He added that special advocates played a key rule in a judicial review which was taken by Michael Gallagher, whose son Aiden was killed in the bomb, previously of the government's decision not to call a public inquiry.
'That is part of the reason why, from their point of view, it is important that special advocates continue to be involved in the process,' he said.
He argued that those he represents who are excluded from the closed hearings in terms of not having a special advocate will not understand the legal basis.
'They won't understand the evidential basis, that's inevitable, but they will also not understand, be able to know whether there is any error effectively in the approach the inquiry adopt when making those findings,' he said.
The hearing will continue on Tuesday.