Omagh judge in court row
Thursday July 10 2008
A JUDGE who acquitted a man of the Omagh bombing was at the centre of an unprecedented row last night after the head of the Northern Ireland judiciary was forced to reject claims that he had engaged in speculation.
Responding to the allegations from two former top policemen, the Lord Chief Justice's office in the North said the judge "did not speculate".
Criticism of Mr Justice Reg Weir -- one of the North's most senior trial judges -- in a report published yesterday by two of the UK's former top policemen has caused consternation in legal circles.
The former police chiefs said, in a report commissioned by the Northern Ireland Policing Board in the wake of the acquittal, that part of the judgment clearing Sean Hoey of all charges amounted to speculation.
That was too much for the office of the Lord Chief Justice, Sir Brian Kerr.
A tersely worded statement read: "The judge did not speculate that others were involved, much less who such others might be.
"He registered his concern that others may have been involved and he has left it to other agencies to investigate and determine whether that is the case."
It said Mr Justice Weir considered the nature of the evidence given by the two individuals he identified in the judgment raised the possibility of the involvement of others.
The judge had not identified those other persons in the judgment nor had he reached any conclusion as to who they might be, the statement said.
Critical
The judge was highly critical of the police handling of the case, and accused a detective sergeant and a PSNI scenes of crime officer of a "deliberate and calculated deception''.
Mr Justice Weir referred the actions of the officers to the Police Ombudsman for investigation -- his report is expected later this month.
He said others involved in the investigation and preparation of the case may have been involved in the deception.
Sir Dan Crompton and David Blakey, both former chief constables and ex-HM Inspectors of Constabulary, seized on the comment.
In their report they said: "We were left wondering why this passage was included in the judgment.
"In such a high-profile case every single word, finding, or suggestion is likely to be rigorously examined by interested parties.
"We conclude that the judgment in this respect amounted to speculation by Mr Justice Weir, but we [and others] are left uninformed as to what triggered that speculation.''
The Public Prosecution Service (PPS) was equally unimpressed with the report and a recommendation it should have a closer working relationship with the police.
The PPS said: "The present arrangements with police provide for a close working relationship."
Any further comment from the PPS will come after the Ombudsman's report.
- Ian Graham
