Defence claims Omagh trial witness 'got at'

A witness in the Omagh bomb trial was "got at" before coming into court to give evidence, a senior defence lawyer claimed today…

A witness in the Omagh bomb trial was "got at" before coming into court to give evidence, a senior defence lawyer claimed today.

A dispute broke out after the witness, a photographer, revealed new details about an unlocated timer power unit (TPU) from an explosion blamed on south Armagh electrician Sean Hoey.

Hoey (37) denies a total of 58 terrorist-related offences, including 29 murders in the "Real IRA" Omagh atrocity.

The second day of his trial at Belfast Crown Court was dominated by questions about a mortar attack on a police and army base in Forkhill, south Armagh, five months before the Omagh outrage.

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Officers who collected exhibits from the explosion site could not explain why a second TPU had not been recovered.

But Peter Maile, a former soldier with 15 years' experience of photographing security scenes for police and military, told the non-jury trial that two pictures of bagged items showed a battery and the unit in question.

During cross-examination by Orlando Pownall QC, defending, Mr Maile confirmed he had held talks with a junior prosecuting barrister after arriving at court.

When Mr Pownall checked if he had been asked about the photographs, the photographer replied that he had confirmed one depicted a TPU.

The defence barrister expressed his astonishment that the conversation had taken place, insisting this was not common practice under English law.

Even though Gordon Kerr QC, prosecuting, stressed that the witness had offered the new information on the photographs without being asked, Mr Pownall refused to be placated.

Mr Pownall said: "We will submit that the account given by the witness is almost too good to be true, that he should volunteer that observation to the junior counsel in the circumstances described.

Mr Kerr responded by refuting any allegation that his junior counsel had acted improperly or had gone outside to prompt a witness.

The judge, Mr Justice Weir, told him he accepted there were differences between the legal practice in Northern Ireland and England.

But he added: "'When in Rome' is an adage worth bearing in mind."