26.10.04
Belfast Telegraph
RIRA man in legal challenge
26 October 2004
Imprisoned Real IRA leader Michael McKevitt will be prevented from mounting a defence against a multi-million pounds claim by the Omagh bomb victims unless he is granted free legal aid, the High Court in Belfast heard today.
McKevitt, who is serving a 20-year sentence in the Republic for belonging to the RIRA and directing terrorism, is being sued for £14m along with four others suspected of carrying out the massacre.
He was initially granted legal aid but it was later withdrawn because the Legal Services Commission ruled he was effectively a "man of straw" and defending the civil case was considered futile and an unreasonable expenditure of public money.
Opening McKevitt's application for a judicial review, Frank O'Donoghue, QC, said the decision was incompatible with his client's right to a fair trial under the Human Rights Convention.
"His defence would be ineffective without legal representation," said Mr O'Donoghue in contrasting the failure to fund McKevitt's case with the Government's grant of £800,000 towards the legal costs of the those claiming against him.
He also submitted that the committee which made the decision was not legally empowered to do so and there was procedural unfairness and impropriety in the process by which the decision reached.
The application is being heard by Mr Justice Girvan.
RIRA man in legal challenge
26 October 2004
Imprisoned Real IRA leader Michael McKevitt will be prevented from mounting a defence against a multi-million pounds claim by the Omagh bomb victims unless he is granted free legal aid, the High Court in Belfast heard today.
McKevitt, who is serving a 20-year sentence in the Republic for belonging to the RIRA and directing terrorism, is being sued for £14m along with four others suspected of carrying out the massacre.
He was initially granted legal aid but it was later withdrawn because the Legal Services Commission ruled he was effectively a "man of straw" and defending the civil case was considered futile and an unreasonable expenditure of public money.
Opening McKevitt's application for a judicial review, Frank O'Donoghue, QC, said the decision was incompatible with his client's right to a fair trial under the Human Rights Convention.
"His defence would be ineffective without legal representation," said Mr O'Donoghue in contrasting the failure to fund McKevitt's case with the Government's grant of £800,000 towards the legal costs of the those claiming against him.
He also submitted that the committee which made the decision was not legally empowered to do so and there was procedural unfairness and impropriety in the process by which the decision reached.
The application is being heard by Mr Justice Girvan.
