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Irish Times
10 hours ago
- Politics
- Irish Times
Omagh bombing inquiry: bereaved families' long-standing quest for truth collides with reality
For those bereaved and injured in the August 1998 Omagh bombing , the inquiry into the atrocity brought hope that, finally, they might get answers. Could the UK authorities have prevented the bombing by Real IRA dissidents that killed 29 people including a woman who was pregnant with twins on a sunny Saturday afternoon? This week, that hope collided with reality. Over two days of opening statements, the inquiry heard from the UK government and Police Service of Northern Ireland (PSNI) on the logistical challenges they faced in providing documents and exhibits to the inquiry. READ MORE The slow pace of disclosure has led to an 'unfortunate' gap of nine months, as lawyer to the inquiry, Paul Greaney KC, put it; the inquiry cannot now begin considering the bombing itself until March 2026, almost two years after it opened. Michael Mansfield KC, representing the family of one of the victims, 57-year-old mother of three Libby Rush, cut to the chase. 'It cannot be said that government departments were not on notice,' he said. 'Once this happened on the 15th August, 1998, are we to imagine that state authorities didn't immediately have meetings ... which should have ensured the preservation [of materials] – not 'Oh, we only got notice yesterday'.' In fairness, the task facing them is not inconsiderable. The PSNI has so far made ready 26,000 documents and 2,000 exhibits and reassigned staff. This is a body that is so pushed for resources that earlier this month 24 police officers were reallocated from tackling domestic violence and sexual abuse to deal with public disorder. [ The stories of the Omagh bomb victims Opens in new window ] Both its barrister and that representing the UK government repeatedly stressed their commitment to assisting the inquiry. None of their explanations, Philip Henry KC said for the PSNI, were an excuse but rather 'a candid explanation of what is involved, so that expectations are realistic'. Yet the difficulties continued. It emerged that a document said to be missing, then destroyed, was subsequently found. The inquiry chairman, Lord Turnbull, echoed families' concerns 'over statements made by state bodies about apparent inability to locate relevant documents' and warned any such assertions would be subject to 'the most rigorous scrutiny'. Lord Turnbull. Photograph: Northern Ireland Office/PA Wire There were concerns, too, around sensitive material and how this will be approached, particularly given the relevance of intelligence, including warnings said to have been passed on by an alleged British agent, to the answers the inquiry is seeking. Last month it emerged a 'considerable body of material' had not been shared with the inquiry because of applications by the UK government and the PSNI to redact information. This, said barrister Stephen Toal KC, representing the families of five of those killed, 'speaks to a defensive instinct, not a transparent one.' Just ask the family of Seán Brown. The GAA official was abducted and murdered by loyalists in Bellaghy, Co Derry, in 1997, the year before the Omagh bombing. The UK government is currently challenging a court ruling that it must hold a public inquiry into his killing. That the Omagh investigation is happening at all is the result of decades of campaigns and courtroom battles, not least by Michael Gallagher, whose 21-year-old son, Aiden, was among the victims. He brought the judicial review which resulted in the High Court judgment ordering the UK government to set up the inquiry. [ Omagh inquiry: Father of victim describes toll taken by years of campaigning for justice Opens in new window ] That same judge also recommended a similar inquiry south of the Border. The Irish Government was repeatedly criticised this week for failing to do so, though Lord Turnbull said he took the repeated assurances he had received about Dublin's commitment to assisting the inquiry 'in good faith'. Alan Kane KC quoted the future taoiseach Enda Kenny in the Dáil in 2004: 'You will get your truth, and so will Ireland.' 'Talk is cheap,' said Toal of both governments. 'They make warm statements about solidarity, but these families have learned to measure words against deeds.' As Lord Turnbull observed, some of those listening to the proceedings 'may have been thinking to themselves that if the various secretaries of state and other ministers involved had not so staunchly set their face against a public inquiry over the very many years and very many times that such requests were made, the problems now being grappled with would not be so acute.' Yet, he said: 'We are where we are.' Where we are is that the legacy of the North's Troubles still has not been dealt with, and the Omagh inquiry goes to the heart of one of its enduring tensions, the interests of national security versus the rights of individuals to life, to justice and to truth. The bereaved and injured have already suffered through decades of delay, obstruction and denial, broken promises, frustration heaped on devastation, and it is clear this inquiry will be a lengthy and complex one. States will always seek to protect their secrets, but a way must be found to balance these interests with the 'moral imperative', as one family barrister put it, to provide the answers which have been so desperately sought by so many, for so long. This is the reality; ultimately the hope, said Michael Mansfield, representing the Rush family, is that 'this public inquiry represents the beginning of the end of the story of the Omagh bombing'.
BBC News
06-06-2025
- BBC News
Convicted nurse Colin Campbell faces wait for appeal ruling
A nurse jailed for murdering four elderly patients has been told he faces a wait to find out the outcome of his appeal against his Campbell, previously known as Colin Norris, was found guilty in 2008 of killing four women and attempting to kill a fifth by injecting them with Ludlam, 80, Bridget Bourke, 88, Irene Crookes, 79, and Ethel Hall, 86, were inpatients on orthopaedic wards where Campbell worked in Leeds in 2002 and developed unexplained denied any wrongdoing and over the past 14 days, the Court of Appeal has heard from both his lawyers and also the Crown Prosecution Service (CPS), who opposed the appeal. He unsuccessfully appealed against his conviction in 2009 and applied to the Criminal Cases Review Commission (CCRC) in 2011, who said previously that the prosecution had relied on "wholly circumstantial" CCRC referred the case to the Court of Appeal in London four years appeal hearing finished on Friday after closing statements from Michael Mansfield KC, for Campbell, and James Curtis KC, for the Mansfield previously told the court that Campbell's appeal was a "straightforward case" and that the judges "must conclude that these convictions are unsafe".However, Mr Curtis said the court must uphold the convictions, adding that the jury in Campbell's trial were "provided with the necessary relevant facts and issues, from a plethora of highly qualified and clinically experienced witnesses".Lady Justice Macur, sitting with Sir Stephen Irwin and Mr Justice Picken, said after closing submissions: "It will come as no surprise that we are going to reserve judgment."She added: "There may be ancillary matters for which we will call you back. We will know once you have the draft judgment."A judgment is expected in writing at a later date. Listen to highlights from West Yorkshire on BBC Sounds, catch up with the latest episode of Look North.
The Independent
06-06-2025
- The Independent
Nurse jailed for murder of elderly patients faces wait in conviction appeal
A nurse who was jailed for the murder of four elderly patients faces a wait to discover whether his appeals against his convictions are successful. Colin Campbell, formerly known as Colin Norris, was found guilty in 2008 of killing four women and attempting to kill a fifth by injecting them with insulin. Doris Ludlam, Bridget Bourke, Irene Crookes and Ethel Hall were inpatients on orthopaedic wards where Campbell worked in Leeds in 2002 before they died, and had developed severe, unexplained hypoglycaemia. Campbell denied any wrongdoing and said he did nothing to cause hypoglycaemia in any of the patients. He unsuccessfully appealed against his conviction in 2009 and applied to the Criminal Cases Review Commission (CCRC) in 2011, who said previously that the prosecution relied on 'wholly circumstantial' evidence. The CCRC referred the case to the Court of Appeal in London four years ago. After 14 days, the appeal finished on Friday after closing submissions from Michael Mansfield KC, for Campbell, and James Curtis KC, for the Crown Prosecution Service, who opposed the appeal. Mr Mansfield previously told the court that Campbell's appeal is a 'straightforward case' and that the judges 'must conclude that these convictions are unsafe'. However, Mr Curtis said the court must uphold the convictions, adding that the jury in Campbell's trial were 'provided with the necessary relevant facts and issues, from a plethora of highly qualified and clinically experienced witnesses'. Lady Justice Macur, sitting with Sir Stephen Irwin and Mr Justice Picken, said after closing submissions: 'It will come as no surprise that we are going to reserve judgment.' She added: 'There may be ancillary matters for which we will call you back. We will know once you have the draft judgment.' She continued: 'All that remains is for me to thank counsel.' A judgment is expected in writing at a later date.
Al Jazeera
16-04-2025
- Politics
- Al Jazeera
Top UK barrister: Israel is carrying out ‘destruction of humanity' in Gaza
London, United Kingdom – Ten British citizens, including dual nationals, who have served in the Israeli army are being accused of war crimes in Gaza. They are suspected of acts such as 'murder, extermination, attacking civilians, and deportation or forcible transfer of population', according to the Palestine-based Palestinian Centre for Human Rights and the UK-based Public Interest Law Centre, which last week submitted a 240-page report to the Metropolitan Police's War Crimes Unit. Michael Mansfield, 83, a leading English barrister who has worked on several high-profile cases throughout his career and is dubbed 'the king' of human rights work, was among those who handed over the dossier that took a team of lawyers and researchers in Britain and The Hague six months to compile. Dozens of other barristers, lawyers, researchers and human rights practitioners have signed a letter of support, urging the Met's war crimes team to investigate the complaints. Due to legal reasons, neither the names of the suspects, some of whom worked at the officer level, nor the report in full are being made public. Alleged war crimes from October 7, 2023, to May 31 are documented in the file, which is based on open-source material and witness testimonies. Al Jazeera interviewed Mansfield about the landmark case, his views on Israel's genocide against Palestinians in Gaza and why he believes legal efforts against those involved in the onslaught remain important, even as critical rulings are ignored by those in power and mass killings continue unabated. Al Jazeera: What can you tell us about the case? Michael Mansfield: The reason I can't talk about the detail of it is perhaps obvious: … The people [accused] would immediately know who they were. If a UK national commits any serious crime abroad, … you are liable to be and are investigated, arrested, charged and tried here in the United Kingdom. This is nothing out of the ordinary in that sense. The out-of-the-ordinary bit, of course, is that it is linked to war crimes and crimes against humanity, which are international crimes. The United Kingdom can obviously investigate themselves, or the International Criminal Court can investigate and charge and so forth. Nobody can be unaware of the extent of the devastation, particularly in Gaza, although that's not the only place in the world where such things are happening. And in relation to those matters, the public are asking, 'What are we doing about it? What can we do about it?' The international institutions of justice and conventions on human rights were established just after the Second World War in order to prevent this happening, if at all possible, by intervening. [But] the United Nations's ability to intervene has been emasculated by the major nations – Russia and America nearly always opposing each other. On top of that, the United Kingdom sitting on the fence and abstaining on most of these issues. Slowly but surely, all the principles to do with the rule of law and rules-based democracy have been, essentially, denuded from practicality. The court finds it very difficult to do anything because the countries [allegedly behind war crimes] are seemingly immune. They don't mind what the international courts may think – either the International Criminal Court [or the] International Court of Justice. Al Jazeera: As most monitors and observers are unable to enter Gaza presently due to the Israeli siege, how did the researchers and lawyers behind the report identify those accused? Mansfield: Linking the individual [to the alleged crimes] is the problem. You've got to be able to provide investigators with at least enough evidence for them to say this is worth investigating. They might say, 'We can't do this. It's too difficult.' Then they might hand it over to the International Criminal Court, which has more resources. There's something called the Berkeley Protocol, which is focused on how you would gather evidence from publicly available sources. Publicly available sources could be Al Jazeera [footage]. It could be somebody doing a selfie on their own phone. The research has already been done to ensure that the material on these 10 is sufficient for the police to take a decision whether they can do more or not. Al Jazeera: This month, Hungary withdrew from the International Criminal Court, which has issued an arrest warrant for Benjamin Netanyahu, ahead of a visit by the Israeli premier. If the global institutions that are meant to uphold human rights laws are under threat, decisions are sidestepped, and massacres continue in places like Gaza. What impact can legal efforts like yours have? Mansfield: I think they do make a difference for those of us who care. I mean, they don't make a difference to the perpetrators. They never have. And that's why they had the Nuremberg trials at the end of the Second World War. As a lawyer, I can't just sit back and say I've wasted 55 years of my career. I've got to be able to say I have strived hard to get a situation in which people are made accountable. The law has been unable to deliver. The law is there, the institutions are there, but until governments … start paying respect to the rule of law and not ignoring it, there are lots of different ways in which people can be made accountable. As lawyers and as thinking members of the public, we have to be at the ready to get the authorities to actually do their job because if we don't, no one else will, and it'll just get worse. The basic freedoms you and I enjoy when we can – freedom of association, movement, speech and so on – they're not divisible. What I mean by that is you might live on the other side of the world, but if it's your rights being attacked in this way, it's me as well. Make no mistake, when it's happening there, it could be you next. That sort of approach to human rights is not a sort of woke topic that just a few liberal lawyers think of. It's been fought hard for by other people. Lawyers in the past have fought very hard to set it all up. Al Jazeera: Do you classify what's happening in Gaza as a genocide? I do, yes, no question. In this particular instance, if you're attacked personally in the domestic sense or in any other, you're entitled to defend yourself but only up to a point. If you're attacked with somebody holding a wooden spoon, you can't use a machinegun to kill them. … This has gone far beyond self-defence. Of course, they [aggressors, in this case Israel] will always justify it and say that it's self-defence, but you only have to see what they've done. A lot of the victims are women and babies and children and doctors and journalists. … They are protected individuals under the law. In my view, it's clearly a genocide because they've [Israeli officials] made it very clear in various statements. They're talking about a bigger Israel. There's a political ambition that lies behind the whole thing, not for all, you know, members of the [Israeli military] and so on, but I think a sizeable proportion. [They] obviously are adhering to that principle that they want to see Gaza wiped off the map, and yes, they would like it reinstated as a Riviera resort of the Trump empire. It's gone beyond plausible. [Note: The International Court of Justice said in January 2024 that it was plausible that Israel was committing genocide in Gaza.] Al Jazeera: How will the world look back on this moment in history? Mansfield: I hope it will bring about change of some kind in people's hearts and minds. The leaders of the world have the right to do something about it, and I think that our own prime minister [UK Premier Keir Starmer] should do more than he's doing. Originally, we [the UK] objected to the issue of arrest warrants. However, that was the previous [Conservative] government and when [Labour's] Starmer was elected, he changed that. He withdrew his objections on behalf of the United Kingdom, so that was one step in the right direction. I think we'll look back and say, actually, thousands turn out for marches. Thousands of people are globally angry, upset and feeling hopeless, which is why keeping the law alive in the way the chief prosecutors tried to do, not just for Israel, but for other perpetrators as well, including [Russian President Vladimir] Putin and Russia and Ukraine. We've got to keep the caring alive. You can't get away from it. You can't hide in your bedroom and think, 'Oh, I didn't start this.' No, you didn't, but if you're a member of the human race, I'm afraid you have a responsibility. If I don't spend every waking hour trying hard to keep what others set up in the first place [the rule of law], I feel I will have failed. You can't just back away from it and hope that it'll blow away because, well, that's what the politicians hope, that we'll all give up. I think it's [about] creating a well of public opinion, so that the politicians realise there's nowhere to go because actually they're not supported. You've got to connect, engage and then do as much as you can. That's all that can be expected. Once you do that, you'll find hundreds and thousands of others doing the same, and then eventually politicians go, 'Oh, right, there are votes here. We better do the right thing.' It's moving opinion all the time and keeping the flame alive. Al Jazeera: How would you summarise the ongoing atrocities? Mansfield: I would describe it as a mass assault and destruction of humanity. It doesn't get worse than that. Al Jazeera: You've worked on high-profile cases, such as representing the family of Stephen Lawrence, the Black British teenager stabbed to death in a racist attack, and the Birmingham Six, the group of Irishmen wrongfully arrested for bombings in 1974. What binds the work you've done together? Mansfield: It's the effect and impact on a community. Now the Lawrence case, as it turned out and as it was at the time, had a huge impact on a community. It represented a much bigger issue than, you know, the stabbing of Stephen Lawrence, which was horrific. Although it wasn't on your TV screens like Gaza and you didn't see destruction of the kind you see in Gaza, it had a similar effect on people. And there have been other cases like that. It's not about whether it's just one individual or thousands. It's about the impact on the principle of fairness. Note: This interview was edited for clarity and brevity.
Al Jazeera
16-04-2025
- Politics
- Al Jazeera
Video: Leading human rights lawyer speaks out on Israel war crimes suspects
NewsFeed Video: Leading human rights lawyer speaks out on Israel war crimes suspects A leading human rights lawyer has spoken out after helping file a legal case against 10 British nationals accused of war crimes in Gaza, while fighting for Israel. Michael Mansfield told Al Jazeera there's a solid legal basis for challenging Israel's abuses of international law, which he believes amount to genocide.
