The only man jailed in connection with the Omagh bombing said today that his short-term memory loss would interfere with his right to a fair hearing in a retrial.
Colm Murphy (53), a Co Louth builder and publican, is attempting to halt a retrial on conspiracy charges linked to the 1998 explosion that killed 29 people, including a mother pregnant with twins.
The High Court is hearing a judicial review challenge to the trial, which was supposed to open in the Special Criminal Court last January.
Michael O'Higgins SC, for Murphy, said the charges were based solely on a contested alleged admission by the accused during an interview with investigating gardaí.
It is claimed the accused lent his mobile phone for use in the "Real IRA" bomb attack.
"The case comes down at the end of the day to a one-line verbal admission alleged to have been said in interview," said Mr O'Higgins. The barrister said there is no video footage of the interviews and that records were incomplete.
A neuropsychologist carried out tests on the accused that concluded he had suffered brain damage in a car crash prior to his arrest, leaving his short-term memory impaired, the court heard.
Mr O'Higgins said what had happened in the interview room is clearly critical to the case and could not be proved because of the state of the records and his client's medical condition. He will also argue that there have been substantial delays in bringing the case that amount to an interference of Murphy's right to a fair trial.
The judicial review being heard by Judge Iarfhlaith O'Neill is expected to last two days.
PA