Coroner outlines scale of deaths, injuries and traumas suffered

In a 20-minute opening statement, the coroner of Greater Belfast, Mr John Leckey, sketched the consequences of the carbomb which…

In a 20-minute opening statement, the coroner of Greater Belfast, Mr John Leckey, sketched the consequences of the carbomb which exploded in Omagh on August 15th 1998 and the parameters of the inquests he was about to conduct.

He noted that 29 persons had died, including a 30-year-old woman who was about 34 weeks pregnant and expecting twin girls. "The unborn twin girls also died as a result of the bomb explosion. Who could deny that the true number of fatalities was in reality 31?", he commented.

He said that more than 300 people had been injured, some very seriously. Families had been devastated and the horrific nature of the atrocity had left many people, not just the injured, deeply traumatised. Some still required professional help.

"I understand that, for some, the mental scars will never heal", the coroner continued. "The true number of casualties - and the word `casualties' deserves to have a generous interpretation - from the Omagh bomb explosion is, without doubt, far in excess of the number killed and injured, and the exact number may never be known."

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Mr Leckey said the parameters of an inquest were limited. It was not a public inquiry, a criminal trial or a civil action. "It is a form of inquisitorial procedure, the aim of which is to establish certain categories of information: who the deceased was; how, when and where the deceased came by his death; and the particulars required for the death to be registered."

He emphasised that the role of the inquest was a fact-finding one only - the coroners' legislation in Northern Ireland prohibited the coroner expressing "any opinion on questions of criminal or civil liability".

In the past, establishing "how the deceased came by his death" had created difficulties for coroners. In one leading case in England and Wales (ex parte Jamieson), which was concerned with a number of issues relating to coroners' law and practice and which had been followed in Northern Ireland, the then Master of the Rolls, Sir Thomas Bingham, had stated that the word "how" meant "by what means" rather than "in what broad circumstances".

Sir Thomas had stated that the inquiry "must focus on matters directly causative of death" and had said: "It should not embark on a wider inquiry relating to the background circumstances of the death; it is not its function to provide the answers to all the questions relating to the death which the next-of-kin may wish to raise."

Mr Leckey said: "Our legislation provides nothing comparable to the range of `verdicts' (so-called) currently available in England and Wales. Our equivalent is known as a `finding', which has been defined as a concise statement of the facts surrounding the death, or, to put it another way, a brief, factual statement.

"It should contain no comment on matters of criminal or civil liability or on the apportionment of guilt or the attribution of blame. It has been recognised that, in the course of an inquest hearing, facts bearing on criminal and civil liability may be explored - the circumstances of the death may make that inevitable. What is important is that the `finding' should not contain any comment that appears to make any determination on those issues."

Mr Leckey added: "Having said that, an inquest is not a formality or rubber-stamping exercise." He noted that Sir Thomas Bingham had also said: "It is the duty of the coroner . . . to ensure that the relevant facts are fully, fairly and fearlessly investigated . . . He must ensure that the relevant facts are exposed to public scrutiny, particularly if there is evidence of foul play, abuse or inhumanity. He fails in his duty if his investigation is superficial, slipshod or perfunctory . . ."

This, Mr Leckey said, was an important statement of what his duty was, and it was one to which he would pay due regard. While he had discretionary power enabling him to sit with a jury, if he wished to, he had decided not to exercise this discretion.

The coroner said that Mrs Gemma Loughran and Mr Richard Bullick, both barristers, would be presenting the evidence on his behalf. Once he had asked each witness any questions he considered relevant, each legal representative, in turn, and any properly interested person not legally represented, would have a similar opportunity.

Before delivering this opening statement Mr Leckey formally read the Lord Chancellor's warrant appointing him as coroner for the District of Fermanagh and Omagh for the purpose of holding these inquests.