The Omagh inquest coroner, Mr John Leckey, yesterday turned down an application from relatives of the victims of the 1998 bombing to have a leading republican dissident summonsed.
At a preliminary hearing of the inquest earlier this month, Mr Michael Gallagher alleged that Mr Francis Mackey and Mr Colm Murphy were "connected in some way with the commission of a serious criminal offence", the coroner said.
Following an application on Thursday by Mr Gallagher, whose son Adrian was killed in the blast, Mr Leckey said he would consider summonsing the men. Mr Mackey is chairman of the 32-County Sovereignty Movement which has been linked to the "Real IRA" which planted the bomb. Mr Murphy is the only man charged in connection with the bombing and is currently on bail in the Republic, reporting daily to gardai in Dundalk, Co Louth.
Delivering his ruling, Mr Leckey said Mr Mackey and Mr Murphy had been told they could attend the inquest and give evidence on their own behalf.
He had arranged for appropriate information to be given to Mr Mackey in the North by the RUC and to Mr Murphy by gardai.
"Neither Mr Mackey nor Mr Murphy has made contact with me or my office at any time," he said.
Referring to a statement purporting to be from the 32-County Sovereignty Movement, in which it was said Mr Mackey had been "formally notified" that he would not be subpoenaed, Mr Leckey said at no stage had he or anyone acting on his behalf mentioned subpoenaing to either of the men. In ruling on Mr Gallagher's application for Mr Mackey to be called to give evidence under oath about his involvement with the "Real IRA", Mr Leckey said this allegation was "entirely speculation with no evidential basis". It was further an issue "which does not fall within the scope of this inquest", he said.
Mr Leckey said he "would not consider such evidence relevant for the purposes of the inquest. For these reasons I am not willing to accede to Mr Gallagher's application."
Speaking after the hearing, Mr Gallagher said he was disappointed but he accepted the ruling. He said he hoped there might be "other investigations" at which there would be an opportunity to call these or other witnesses.