An attempt to stop vital forensic evidence being given against the man accused of murdering 29 people in the Omagh bombing was rejected in court yesterday.
Seán Hoey (35), an electrician, from Molly Road, Jonesborough, south Armagh, faces 61 terrorist and explosives charges including the Real IRA bombing in Omagh seven years ago.
A committal hearing is due to start in Belfast on August 30th, but at the Magistrates Court yesterday Mr Hoey's solicitor Peter Corrigan applied to have the evidence of a forensic scientist declared inadmissible.
Mr Corrigan said the extent of the scientist's evidence was that he had found similarities between the Omagh bomb and other devices with which Mr Hoey was charged.
"His evidence is that possibly the same person constructed all the devices and that is not evidence," said Mr Corrigan. "It is so blatantly prejudicial that it should not be admitted at the committal hearing."
Crown counsel Ciarán Murphy submitted that the proper forum to make such an application was the committal hearing when the disputed evidence could be considered in the context of all the evidence.
He added that a week had been set aside for the committal hearing and the examining magistrate had been supplied with a synopsis of all the evidence, including the forensic statements.
Resident magistrate Philip Mateer ruled that the committal hearing was proper place for the defence to make their application and he remanded Mr Hoey in custody.
Yesterday's hearing was conducted by video link with Maghaberry Prison, but the court was told that Mr Hoey would be brought to court for the committal hearing.