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

- BY DAVID YOUNG and REBECCA BLACK YESTERDAY

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.”

 ?? Newsni@mirror. co.uk ?? INFORMER Kevin Fulton
Newsni@mirror. co.uk INFORMER Kevin Fulton
 ?? ?? SEEKING JUSTICE Michael Gallagher, right, with other victims’ relatives in Belfast yesterday
SEEKING JUSTICE Michael Gallagher, right, with other victims’ relatives in Belfast yesterday
 ?? ?? HORROR Aftermath of Omagh bombing
HORROR Aftermath of Omagh bombing

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