THE SUPREME Court has ruled that transcripts and books of evidence used in the trials of five men at the Special Criminal Court here must be handed over for use in civil actions for some £14 million damages brought against the men in the Northern Ireland courts arising from the 1998 Omagh bombing.
The damages actions, due to begin next Tuesday, have been brought against the five men by persons injured in the bombing and also by the families of some of the 29 persons killed.
The five are Michael McKevitt, Colm Murphy, Séamus Daly, Liam Campbell and Séamus McKenna.
Michael McKevitt, Beech Park, Blackrock, Co Louth, is serving a 20-year sentence for directing terrorist activities for the Real IRA, and the Supreme Court's judgment on his appeal against conviction is pending.
Séamus Daly, from Culloville, Castleblayney, Co Monaghan, and Liam Campbell, from Upper Faughart, Dundalk, have both completed prison sentences for membership of an illegal organisation.
Séamus McKenna, formerly of Silverbridge, Co Armagh, but with an address at Marian Park, Dundalk, has also completed a six-year imprisonment for unlawful possession of explosives.
Co Armagh native Colm Murphy, with an address at Jordan's Corner, Ravensdale, Co Louth, is awaiting 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.
Last month, the High Court ruled the five men should hand over the books of evidence in their cases for the purpose of the Northern Ireland proceedings. However, Mr Justice Paul Gilligan also ruled that an impediment existed in Irish law to the handover of the transcripts.
The families appealed against the decision on the transcripts, while the five men cross-appealed against the requirement to hand over the books of evidence.
The appeal was heard by the Supreme Court over two days this week and yesterday the court directed that the plaintiffs in the damages actions were entitled to the transcripts and books of evidence.
The Chief Justice, Mr Justice John Murray, sitting with Mr Justice Adrian Hardiman and Mr Justice Hugh Geoghegan, said the court was satisfied there was nothing preventing the handover of those documents. The court would give its reasons for that decision at a later date, he added.
During the appeal hearing, Maurice Collins SC, for the plaintiffs, had argued the Northern Ireland courts had determined the use of the documents for the civil cases was "amply justifiable".