Colm Murphy
Encyclopedia
Colm Murphy is an Irish
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...

 publican and building contractor who was the first person to be convicted in connection with the Omagh bombing
Omagh bombing
The Omagh bombing was a car bomb attack carried out by the Real Irish Republican Army , a splinter group of former Provisional Irish Republican Army members opposed to the Good Friday Agreement, on Saturday 15 August 1998, in Omagh, County Tyrone, Northern Ireland. Twenty-nine people died as a...

, but whose conviction was overturned on appeal. While awaiting a retrial on criminal charges, Murphy was found liable for the bombing in a civil trial, along with Michael McKevitt
Michael McKevitt
Michael McKevitt is an Irish republican who was convicted of directing terrorism as the leader of the paramilitary organisation, the Real IRA.-Background:...

, Liam Campbell
Liam Campbell
Liam Campbell is an Irish republican from Dundalk, County Louth, Ireland.His brother Sean died in December 1975, when a landmine he was preparing for an attack on the British Army exploded prematurely. His other brother Peter served 14 years in prison for Provisional Irish Republican Army offences...

 and Seamus Daly
Seamus Daly
Seamus Daly is an Irish republican from Kilmurray, Castleblayney, County Monaghan. He pleaded guilty to being a member of the Real Irish Republican Army in 2004, and was sentenced to three and half years in prison...

. He was subsequently cleared of criminal charges in February 2010.

Background

Murphy was an active Irish republican paramilitary from his late teens. In March 1972 he was arrested in Dundalk
Dundalk
Dundalk is the county town of County Louth in Ireland. It is situated where the Castletown River flows into Dundalk Bay. The town is close to the border with Northern Ireland and equi-distant from Dublin and Belfast. The town's name, which was historically written as Dundalgan, has associations...

 regarding an assault, and was sentenced to two years in prison after the Gardaí
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...

 found a loaded revolver in his car. Murphy was imprisoned in the Curragh military jail but escaped in October 1972, and was not recaptured until May 1973. In June 1976 he was imprisoned again, receiving a three-year sentence for firearms offences and a one-year sentence for Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...

 membership, both sentences to run concurrently. In July 1983 Murphy was arrested in the US, after attempting to buy a consignment of M60 machine gun
M60 machine gun
The M60 is a family of American general-purpose machine guns firing 7.62×51mm NATO cartridges from a disintegrating belt of M13 links...

s to be shipped to Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 for use by the Irish National Liberation Army
Irish National Liberation Army
The Irish National Liberation Army or INLA is an Irish republican socialist paramilitary group that was formed on 8 December 1974. Its goal is to remove Northern Ireland from the United Kingdom and create a socialist united Ireland....

. He received a five-year prison sentence, but returned to Ireland in December 1985 after being released early.

In the late 1980s Murphy began investing in property, and formed a company named Emerald Enterprises in 1990. He bought the Emerald Bar public house
Public house
A public house, informally known as a pub, is a drinking establishment fundamental to the culture of Britain, Ireland, Australia and New Zealand. There are approximately 53,500 public houses in the United Kingdom. This number has been declining every year, so that nearly half of the smaller...

 in Dundalk
Dundalk
Dundalk is the county town of County Louth in Ireland. It is situated where the Castletown River flows into Dundalk Bay. The town is close to the border with Northern Ireland and equi-distant from Dublin and Belfast. The town's name, which was historically written as Dundalgan, has associations...

 for IR£100,000, and it later became a meeting place for dissident republicans. Other investments included 30 acres (121,405.8 m²) of land in Drogheda
Drogheda
Drogheda is an industrial and port town in County Louth on the east coast of Ireland, 56 km north of Dublin. It is the last bridging point on the River Boyne before it enters the Irish Sea....

 bought for IR£52,000 in 1995, and his company won contracts for an IR£11m development at Dublin City University
Dublin City University
Dublin City University is a university situated between Glasnevin, Santry, Ballymun and Whitehall on the Northside of Dublin in Ireland...

 and the multi-million pound International Financial Services Centre
International Financial Services Centre
The International Financial Services Centre is a major financial services centre in North Wall, Dublin, Ireland. The centre employs 14,000 people and was the brainchild of an associate of businessman Dermot Desmond...

 in Dublin's docklands.

Omagh bombing

Murphy was arrested by the Gardaí on 21 February 1999 for questioning under anti-terrorist legislation. On 24 February Murphy became the first person charged in connection with the Omagh bombing
Omagh bombing
The Omagh bombing was a car bomb attack carried out by the Real Irish Republican Army , a splinter group of former Provisional Irish Republican Army members opposed to the Good Friday Agreement, on Saturday 15 August 1998, in Omagh, County Tyrone, Northern Ireland. Twenty-nine people died as a...

, when he appeared before Dublin's Special Criminal Court
Special Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...

 and was charged with conspiring to cause an explosion under the terms of Ireland's Offences Against the State Act, between 13 August and 16 August 1998. Murphy was also charged with membership of an illegal organisation, the Real Irish Republican Army
Real Irish Republican Army
The Real Irish Republican Army, otherwise known as the Real IRA , and styling itself as Óglaigh na hÉireann , is an Irish republican paramilitary organisation which aims to bring about a united Ireland...

.

On 10 October 2000 the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...

 television show Panorama
Panorama (TV series)
Panorama is a BBC Television current affairs documentary programme, which was first broadcast in 1953, and is the longest-running public affairs television programme in the world. Panorama has been presented by many well known BBC presenters, including Richard Dimbleby, Robin Day, David Dimbleby...

named Murphy as one four people connected with the Omagh bombing, along with Seamus Daly
Seamus Daly
Seamus Daly is an Irish republican from Kilmurray, Castleblayney, County Monaghan. He pleaded guilty to being a member of the Real Irish Republican Army in 2004, and was sentenced to three and half years in prison...

 and Liam Campbell
Liam Campbell
Liam Campbell is an Irish republican from Dundalk, County Louth, Ireland.His brother Sean died in December 1975, when a landmine he was preparing for an attack on the British Army exploded prematurely. His other brother Peter served 14 years in prison for Provisional Irish Republican Army offences...

. In 2001 Murphy undertook legal action against the BBC and Daily Mail
Daily Mail
The Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...

publishers Associated Newspapers
Associated Newspapers
Associated Newspapers is a large national newspaper publisher in the UK, which is a subsidiary of the Daily Mail and General Trust. The group was established in 1905 and is currently based at Northcliffe House in Kensington...

 for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

. The action against Associated Newspapers was settled on 31 July 2001, and the newspaper released a statement saying Murphy was entitled to be presumed innocent of the charges against him until proven guilty.

Murphy's trial began at Special Criminal Court
Special Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...

 in Dublin on 12 October 2001. The court heard that Murphy had supplied two mobile phones which were used during the bombing. One witness, Murphy's second cousin, retracted his evidence and the judge called the conduct of two detectives outrageous, saying they had persistently lied under cross-examination. Despite this, on 22 January 2002 Murphy was convicted of conspiring to cause the Omagh bombing, and on 25 January was sentenced to 14 years imprisonment with the judge describing him as a long-time republican extremist.

On 21 January 2005 Murphy's conviction was overturned and a new trial ordered, due to the invasion of Murphy's presumption of innocence, and alteration of Gardaí interview notes and evidence presented by two officers. A week later Murphy's legal case against the BBC was resolved, with the BBC issuing a statement that Murphy "was fully entitled to maintain his innocence of the charges against him and to test the evidence against him at his trial".

On 23 October 2006 two Gardaí officers were found not guilty of perjuring themselves during Murphy's trial. On 23 May 2007 it was announced that Murphy is suffering from short-term memory loss resulting from a car accident before his arrest. His lawyers attempted to prevent a retrial taking place, on the grounds that his condition interfered with his right to a fair hearing. The Court of Criminal Appeal was scheduled to hear his case again in October 2008. Following a retrial held in January 2010, Murphy was acquitted on 24 February 2010.

In 2009 Murphy was one of four men found by a civil court to be liable for the Omagh bombing in a case taken by relatives of the victims. On 7 July 2011 in Belfast High Court, Lord Justice Michael Higgins directed a retrial of the civil claims against Mr Murphy. He questioned evidence surrounding emails from US undercover agent David Rupert
David Rupert
David Rupert is a former FBI/British intelligence agent whose testimony led to the arrest and prosecution of Michael McKevitt, the reputed leader of the Real IRA, for the Omagh Bombing. ....

while overturning the judgment on Murphy.
The paucity of the email evidence, the lack of consistency in the emails or at least ambiguity, the possibility of initials referring to someone other than Murphy and the fact that they refer on occasions to double hearsay considerably weakened the emails as evidence, he said.
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