Mark Christopher Breslin and others v Seamus McKenna and others - Ruling No 9
| Jurisdiction | Northern Ireland |
| Judge | Higgins LJ,Morgan J |
| Judgment Date | 06 May 2008 |
| Neutral Citation | [2009] NIQB 49 |
| Date | 06 May 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
1
Neutral Citation no. [2008] NIQB 49 Ref:
MOR7159
Judgment: approved by the Court for handing down Delivered:
06/05/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN'S BENCH DIVISION
_________
BETWEEN:
MARK CHRISTOPHER BRESLIN AND OTHERS
PLAINTIFFS
-AND-
SEAMUS MCKENNA AND OTHERS
DEFENDANTS
__________
RULING NO 9
________
MORGAN J
The application
[1] The plaintiffs seek damages against each of the defendants on the basis
of their alleged involvement in the bomb explosion at Omagh on 15 August
1998. In respect of the third named defendant (John Michael Henry McKevitt)
it is alleged by the plaintiffs that he was a leader at the material time of the
Real IRA who were responsible for the bomb and that it can be inferred that
he had knowledge of and a role in directing the bomb explosion.
[2] In order to seek to sustain this allegation the plaintiffs have indicated
an intention to rely on hearsay evidence consisting of written statements
made by David Rupert and e-mails allegedly sent by him describing meetings
and activities of various individuals. It is alleged that Mr Rupert was an FBI
agent who infiltrated the Real IRA and also collaborated with the British
Secret Service.
[3] In respect of the fifth named defendant (Colm Murphy) it is alleged by
the plaintiffs that he provided telephones which were used to facilitate the
transportation of the bomb to Omagh knowing that the telephones were to be
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