THE SUPREME Court has begun hearing an appeal by the families of some of the victims of the Omagh bombing.
They are appealing a High Court decision refusing them access to the transcripts of the trials here of five men whom the families have sued for damages in civil proceedings in the North.
The five men involved are also cross-appealing against the same High Court decision in which Mr Justice Paul Gilligan directed that they should provide the families with the books of evidence for their trials before the Special Criminal Court here.
He held there was an impediment in Irish law which prohibited the release of the transcripts.
Yesterday, Maurice Collins SC, for the families, said the transcripts and books of evidence are "intensely relevant" to the Northern Ireland proceedings, due to begin on April 7th next.
He argued that the High Court had incorrectly held there was an impediment in Irish law preventing release of the transcripts. He said the Northern Ireland courts had determined the use of the documents for the civil case there was "amply justifiable," and the material should be before the courts for "the doing of justice".
Gerard Hogan SC, for two of the men, Séamus Daly and Colm Murphy, argued that there was an "implied undertaking" that an impediment exists in Irish law that prevents the five men from disclosing the material being sought.
He said transcripts and books of evidence were part of criminal proceedings and there might be a "cross-contamination" if they were allowed to be used in a civil case. The disclosure being sought could be prejudicial, he said.
Eanna Mulloy SC, for the other three men - Michael McKevitt, Liam Campbell, and Séamus McKenna - said that none of the five had been before the Special Criminal Court on charges that occurred at about the time of the 1998 Omagh bombing.
McKevitt, Blackrock, Co Louth, is serving a 20 year sentence for directing terrorist activities for the Real IRA. Séamus Daly, Castleblayney, Co Monaghan, was sentenced to three years after being found guilty of membership of an illegal organisation and Liam Campbell, Dundalk, Co Louth, was jailed for membership of an illegal organisation.
Séamus McKenna, with an address at Marian Park, Dundalk, was sentenced to six years' imprisonment for unlawful possession of explosives. McKenna, Daly and Campbell have all completed their sentences. The Supreme Court has reserved judgment on McKevitt's appeal.
Co Armagh native Colm Murphy, Ravensdale, Co Louth, is facing trial on a conspiracy charge.
He has denied conspiring in Dundalk with another person not before the court to cause an explosion in the State or elsewhere between August 13th and 16th, 1998.
The Supreme Court appeal is being heard by the Chief Justice, Mr Justice John Murray, Mr Justice Adrian Hardiman and Mr Justice Hugh Geoghegan and continues today.