Lawyer's illness holds up Omagh bomb trial in Belfast

The Omagh bomb trial, which was to have begun in Belfast yesterday, was postponed until later this month because of the illness…

The Omagh bomb trial, which was to have begun in Belfast yesterday, was postponed until later this month because of the illness of the defendant's chief legal representative, Orlando Pownall, QC.

Mr Pownall appeared at Belfast Crown Court yesterday to inform Mr Justice Weir that he was too ill to appear for Co Armagh electrician Sean Gerard Hoey, who faces 58 charges.

"I am unwell. I appear before you against medical advice," said Mr Pownall.

He hoped to have received the all clear from his doctors by September 18th and that the case could proceed formally then.

READ MORE

Many Omagh families at the court yesterday expressed disappointment and frustration that the case had been put back again, eight years after the Real IRA bombing that killed 29 people.

Mr Hoey appeared in the dock flanked by two prison officers wearing an open-necked striped shirt, casual jacket and blue jeans.

One woman began crying when she saw him. As well as charges relating to the Omagh bombing Mr Hoey, from Molly Road, Jonesborough, Co Armagh, is also charged with six other murder conspiracies, five bombings, four bomb conspiracies, and the possession of explosives including timer power units, mortar bombs and bombs.

Mr Justice Weir expressed some annoyance that he only learned "informally" on Tuesday of Mr Pownall's illness and he asked why the court had not been made aware earlier of his indisposition. "This is a most unfortunate turn of events," he said.

London-based lawyer Mr Pownall - who appeared for the prosecution in the BBC presenter Jill Dando murder case and for the defence in the case of murdered south London-based Nigerian schoolboy Damilola Taylor - said he became ill in Cornwall on August 26th but was informed he would be well within a week.

However, he failed to recover and while he was reluctant to detail the nature of his illness an expert doctor treating him said he had never encountered such symptoms in 37 years of medical practice.

Mr Pownall said he could not say with absolute certainty he would be well by September 18th. He conceded that a new senior counsel could hardly be expected take up the case from that date should he remain ill.

The judge said Mr Hoey must have a lawyer who was fit to lead the case for the defence.

"I do urge the defence to get to grips with the situation, review the position earlier rather than later and to come forward with some practical suggestion as to how we should proceed," he said.

Gerry Moriarty

Gerry Moriarty

Gerry Moriarty is the former Northern editor of The Irish Times