Daily Mirror (Northern Ireland)
‘Authorities failed to act on informer’s Omagh bomb tip-off’
Legal challenge full A ‘real prospect of judgment is delivered preventing’ massacre
A FAILURE to act on an informer tip-off or use intelligence and surveillance evidence about previous terror attacks are among the reasons for a judge directing a fresh probe into the Omagh bomb.
Mr Justice Horner said a new investigation should also examine whether a politically motivated “de-escalation” of the security approach to dissident republicans in the months before the 1998 attack resulted in crucial intelligence not being acted upon.
The alleged security failings by the authorities were outlined in the judgment in a legal challenge against the Government’s refusal to hold a public inquiry into the Real IRA atrocity, which killed 29 people, including a woman pregnant with twins.
In July, Mr Justice Horner delivered his conclusions in the long-running judicial review, ruling it was potentially plausible the attack could have been prevented.
He directly recommended the UK Government carry out a human rights-compliant investigation into alleged security failings in the lead-up to the August 1998 attack.
While having no jurisdiction to order the Irish government to act on the matter, the judge also urged authorities there to establish their own probe in light of his findings.
However, in the summer Mr Justice Horner did not outline the rationale behind his conclusions.
He set that out yesterday as he delivered the fuller judgment at Belfast High Court.
The judge made clear his role was not to make definitive conclusions on issues raised by the applicant – bereaved father Michael Gallagher – but rather to assess whether he had established an arguable case that merited examination in a fresh investigation.
He rejected six of the 10 grounds submitted by Mr Gallagher’s legal team but accepted the other four.
Among those was that an RUC informer, known as Kevin Fulton, passed on information to his handlers in the days before the Omagh attack, indicating the Real IRA was soon to move a bomb across the border into Northern Ireland.
The court case heard claims the authorities did not act on this tip due to the fact a Real IRA bombmaker identified by Mr Fulton was another security force informer.
The judge said Mr Fulton’s evidence could not be “dismissed summarily”, despite what he described as an attempt by Government lawyers to portray him as “irredeemably unreliable”.
We will now carefully consider the full judgment BRANDON LEWIS
INTELLIGENCE
He added: “I am satisfied it is arguable the intelligence supplied by Kevin Fulton, either on its own or more importantly in conjunction with other intelligence about the activities of those who planned and planted the Omagh bomb and other bombs, had a real prospect of preventing this tragedy.” The judge said there was a
strong case for taking proactive steps against those engaged in dissident terrorism prior to the bomb.
However, he added there may have been “good reasons” why the authorities adopted a “cautious approach”, including the risk of uncovering an informant within the Real IRA.
Another ground upheld by the judge was over failures to act on surveillance data gathered by UK intelligence agency GCHQ around the time of the attack and mobile phone
cell site data that, if analysed appropriately, would have linked suspects to a series of other bombings in Northern Ireland in the months leading up to the atrocity.
The judge said a “proactive” joint approach by the RUC and Garda could have offered a “real prospect of preventing the bomb”.
Mr Justice Horner also upheld a ground claiming police investigating the bomb were not given all information on suspects held by RUC Special Branch.
Eight years ago, Mr Gallagher, whose son Aiden died in the blast, launched the judicial review against the Government.
Mr Justice Horner added he was not going to specifically order that the UK probe into the Omagh bomb takes the
form of a public inquiry, explaining he did not want to be “prescriptive” about the methodology.
The judge reiterated he did not have the powers to order authorities in the Republic to act, but expressed hope the government in Dublin would take a decision to investigate events around the bomb, which was transported over the border.
As well as the open judgment, there is also a closed judgment, containing sensitive national security information that can only be accessed by people with relevant clearance.
Outside court, Mr Gallagher expressed hope the Government will not seek to appeal. He said it is “absolutely necessary” any investigation is carried out on a cross-border basis.
Secretary of State Brandon Lewis added: “My deepest sympathies go out to all those affected by the Omagh bombing.
“I want again to put on record my sincere regret the families of those killed and wounded have had to wait so long to find out what happened on that terrible day in 1998. We will now carefully consider the full judgment.”