Two people directly affected by the Omagh bombing want the High Court to compel the Irish government to establish a public inquiry into the atrocity.
Emmet Tunney, who survived the 1998 dissident republican bombing, says the Government is obliged to establish a public inquiry in circumstances where state authorities allegedly held “actionable intelligence” relating to the attack.
Mr Tunney’s case states that a public inquiry is required to ensure an effective investigation of the atrocity. He alleges the State’s failure to hold such an inquiry is a breach of his rights under the Constitution and under the European Convention on Human Rights (ECHR).
According to Mr Tunney’s court documents, article two of the ECHR requires an “effective, independent, prompt, and public” investigation in circumstances where state agents knew or ought to have known of a real and immediate risk to life.
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Articles 40 and 41 of the Constitution require effective investigations of deaths involving potential state failures, his papers say.
Shawneen Conway, whose 18-year-old brother Gareth was killed in the bombing, is seeking to bring an action similar to Mr Tunney’s, the High Court heard on Tuesday.
A total of 29 people, including a mother pregnant with twins, died and hundreds were injured when a car bomb planted by the Real IRA exploded in the centre of the Co Tyrone town on August 15th, 1998.
An independent inquiry into the bombing established by the UK government opened in Omagh in January and is continuing. That inquiry is examining whether the atrocity could have been prevented by UK authorities.
In the High Court on Tuesday, Ruaidhrí Giblin, for Mr Tunney, sought an early date for his application seeking the court’s permission to bring the case.
Ms Justice Mary Rose Gearty said she would hear Mr Tunney’s and Ms Conway’s applications for court permission next week.
Mr Tunney, from Omagh, Co Tyrone, is seeking an order compelling the Government to establish a public inquiry into the bombing and he wants a court declaration that the Government’s failure to establish such an inquiry to date is in breach of his rights. He wants to bring his case against the Government, Ireland and the Attorney General.
His case claims some of the perpetrators of the bombing are believed to have operated within the Republic of Ireland.
He alleges there were failures in intelligence sharing and co-operation between Irish and UK authorities before the bombing. Authorities in the Republic may have had prior knowledge of the Real IRA’s planning, his documents claim.
Mr Tunney also argues an Irish government inquiry is required in circumstances where there are limitations on the jurisdiction of the UK government’s inquiry. For example, he says, the UK government cannot make findings as to whether Irish authorities are culpable for a failure to supply information relating to the bombing.
In the UK Omagh bombing inquiry, its chairman, Lord Turnbull, heard arguments over the last two days regarding applications from some survivor and family groups seeking to be represented by special advocates. They said their interests should be represented in closed hearings and they raised a risk of damage to confidence in the inquiry if they were not.
However, a lawyer for the UK government said no statutory public inquiry has had special advocates to date and there was no justification to have them in this case.
Katherine Grange KC also contended no provision was made for such appointments in the 2005 Inquiries Act and she cautioned around avoiding unnecessary costs.
At the conclusion of the hearings around special advocates on Tuesday, Lord Turnbull said the issue raised is “important and interesting”. He will provide a written decision “in due course”. – Additional reporting PA
