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Tag Archives: Colm Murphy


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Birth of Gerard Hogan, Judge, Lawyer & Academic

Gerard William Augustine Hogan, MRIA, Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021, is born on August 13, 1958, in Carrick-on-Suir, County Tipperary. He previously serves as Advocate General of the European Court of Justice from 2018 to 2021, a Judge of the Court of Appeal from 2014 to 2018 and a Judge of the High Court from 2010 to 2014. He first works as a barrister and lecturer in law specialising in constitutional and administrative law.

Hogan is born to Mai and Liam Hogan. His father is the deputy principal of the Christian Brothers secondary school in the town. He is educated at University College Dublin (UCD), from where he receives BCL and LLM degrees in 1979 and 1981. He co-authors his first book Prisoners’ Rights: A Study in Irish Prison Law in 1981 with Paul McDermott and Raymond Byrne. He obtains a John F. Kennedy memorial scholarship to study for an LLM at the University of Pennsylvania Law School. He subsequently attends the King’s Inns. He holds two doctorates – an LLD from UCD and a PhD in law from Trinity College Dublin in 2001.

In 1986, early in his legal career, he supports the Anti-Apartheid Movement with other legal scholars, including Mary McAleese, Mary Robinson and Bryan MacMahon. He is involved with the Progressive Democrats and in 1988 writes the party’s proposed new Constitution of Ireland with Michael McDowell. In May 2021, he is made a member of the Royal Irish Academy.

Hogan is called to the Bar in July 1984 and becomes a Senior Counsel in 1997. He appears domestically in cases in the High Court and the Supreme Court and internationally at the European Court of Human Rights and the European Court of Justice.

Hogan is noted in particular for his experience in constitutional law. He acts for the Attorney General of Ireland in references made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Information (Termination of Pregnancies) Bill 1995 and the Employment Equality Bill of 1997. He appears again for the Attorney General (with Dermot Gleeson and Paul Gallagher) in another reference made by President Mary McAleese regarding the Health (Amendment) (No. 2) Bill 2004.

Hogan is a law lecturer and fellow at Trinity College Dublin from 1982 to 2007. He lectures on constitutional law, competition law and the law of tort. He is regarded as “one of the foremost constitutional and administrative lawyers in Ireland.” He is the co-author of Administrative Law in Ireland and JM Kelly: The Irish Constitution, the core Irish legal texts in Irish administrative and constitutional law respectively. He also writes a text on political violence and a book chronicling the origins of the Constitution of Ireland.

During his career as a barrister, Hogan is involved in cases involving employment law, habeas corpus, immigration law, judicial review, company law and commercial law.

Hogan appears for Katherine Zappone and Ann Louise Gilligan in Zappone v. Revenue Commissioners in the High Court and Miss D in her case related to the rights to travel abroad for an abortion. He represents the State in the High Court and the Supreme Court in litigation that emerges following a court finding that an offence of unlawful carnal knowledge is unconstitutional. In 2008, he acts for Colm Murphy and Seamus Daly in the Supreme Court who are contesting an action taken by families of victims of the Omagh bombing when they are refused access to books of evidence.

Hogan is involved in several tribunals and Oireachtas committee investigations, appearing either in the actual proceedings or in related court proceedings. He represents Desmond O’Malley at the Beef Tribunal in 1992, Dermot Desmond at the Moriarty Tribunal in 2004, and Jim Higgins and Brendan Howlin in actions related to the Morris Tribunal. He acts for the Committee on Members’ Interests of Seanad Éireann in action taken by Ivor Callely.

Hogan is the first barrister to appear in an Irish court without a wig, following the enactment of the Courts and Court Officers Act 1995.

Throughout his career, Hogan has been a member of committees and boards in areas requiring legal expertise. He chairs the Department of Justice‘s Balance in Criminal Law Review Group and is a member of three other review groups: the Constitution Review Group, the Competition and Mergers Review Group and the Offences Against the State Acts Review Group. He is also a member of the Competition Authority‘s Advisory Panel and the Committee on Court Practice and Procedure.

Hogan is appointed a Judge of the High Court in 2010. Soon after his appointment, he holds an emergency hearing in his home regarding a blood transfusion for a sick baby. He is one of three judges who hears a case taken by Marie Fleming, seeking a right to die in 2012. His reference to the European Court of Justice in 2014 regarding the International Safe Harbor Privacy Principles, results in a declaration by the Grand Chamber that the Safe Harbour Decision is invalid. He subsequently becomes a Judge of the Court of Appeal upon its establishment in October 2014.

In May 2018, Hogan is nominated by the Government of Ireland for appointment as the Advocate General to the European Court of Justice. His term begins in October 2018 and was scheduled to expire in October 2024. Anthony Collins is appointed in 2021 to complete his term following his appointment to the Supreme Court. He concludes his term on October 7, 2021.

In one of his first opinions, on a reference from the French Conseil d’État, Hogan finds that Regulation (EU) No 1169/2011 of the European Parliament and of the Council of October 25, 2011, requires that products originating from Israeli-occupied territories should indicate if these products come from such a territory. His opinion is followed by the Court of Justice.

In April 2021, the Irish government nominates Hogan to the Supreme Court of Ireland. He is appointed in October 2021.


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Birth of Irish Republican Colm Murphy

Colm Murphy, Irish republican who is the first person to be convicted in connection with the Omagh bombing, but whose conviction is overturned on appeal, is born on August 18, 1952, in Belleeks, County Armagh, Northern Ireland.

Murphy is an active Irish republican paramilitary from his late teens. In March 1972, he is arrested in Dundalk regarding an assault and is sentenced to two years in prison after the Garda Síochána find a loaded revolver in his car. He is imprisoned in the Curragh Camp but escapes in October 1972 and is not recaptured until May 1973. In June 1976, he is imprisoned again, receiving a three-year sentence for firearms offences and a one-year sentence for Provisional Irish Republican Army membership, both sentences to run concurrently. In July 1983, he is arrested in the United States after attempting to buy a consignment of M60 machine guns to be shipped to Ireland for use by the Irish National Liberation Army (INLA). He receives a five-year prison sentence but returns to Ireland in December 1985 after being released early.

In the late 1980s, Murphy begins investing in property and forms a company named Emerald Enterprises in 1990. He purchases the Emerald Bar public house in Dundalk for IR£100,000, and it later becomes a meeting place for dissident republicans. Other investments included 30 acres of land in Drogheda bought for IR£52,000 in 1995, and his company wins contracts for an IR£11 million development at Dublin City University (DCU) and the multi-million-pound International Financial Services Centre in the Dublin Docklands.

Murphy is arrested by the Gardaí on February 21, 1999, for questioning under anti-terrorist legislation. On February 24, he becomes the first person to be charged in connection with the Omagh bombing, when he appears before Dublin‘s Special Criminal Court and is charged with conspiring to cause an explosion under the terms of Ireland’s Offences Against the State Act, between August 13-16, 1998. He is also charged with membership in an illegal organisation, the Real Irish Republican Army (RIRA).

On October 10, 2000, the BBC television show Panorama names Murphy as one of four people connected with the Omagh bombing, along with Seamus Daly and Liam Campbell. In 2001, he undertakes legal action against the BBC and Daily Mail publishers Associated Newspapers for contempt of court. The action against Associated Newspapers is settled on July 31, 2001, and the newspaper releases a statement saying Murphy is entitled to be presumed innocent of the charges against him until proven guilty.

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

On January 21, 2005, Murphy’s conviction is 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, his legal case against the BBC is 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 October 23, 2006, two Gardaí officers are found not guilty of perjuring themselves during Murphy’s trial. On May 23, 2007, it is announced that Murphy is suffering from short-term memory loss resulting from a car accident in 1988. His lawyers attempt to prevent a retrial taking place, on the grounds that his condition interferes with his right to a fair hearing. The Court of Criminal Appeal is scheduled to hear his case again in October 2008. Following a retrial held in January 2010, he is acquitted on February 24, 2010.

In 2009, Murphy is 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 July 7, 2011, in Belfast High Court, Lord Justice Malachy Higgins directs a retrial of the civil claims against Murphy. He questions evidence surrounding emails from U.S. undercover agent David Rupert 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 weaken the emails as evidence, he says. Following a civil retrial on March 20, 2013, Murphy and Seamus Daly are found liable for involvement in the bombing.

Murphy dies peacefully of degenerative lung disease at the age of 70 on April 18, 2023, at Our Lady of Lourdes Hospital in Drogheda, County Louth.


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The Omagh Car Bombing

The Omagh bombing, a car bombing in Omagh, County Tyrone, Northern Ireland, takes place on August 15, 1998. It is carried out by a group calling themselves the Real Irish Republican Army, a Provisional Irish Republican Army (IRA) splinter group who opposes the IRA’s ceasefire and the Good Friday Agreement.

On the day of the bombing, the bombers drive a car, loaded with 230 kilograms (510 lb) of fertiliser-based explosives, across the Irish border. At approximately 2:19 PM they park the vehicle outside S.D. Kells’ clothes shop in Omagh’s Lower Market Street, on the southern side of the town centre, near the crossroads with Dublin Road. They are unable to find a parking space near the intended target, the Omagh courthouse. The two male occupants arm the bomb and, upon exiting the car, walk east down Market Street towards Campsie Road.

Three telephone calls are made warning of a bomb in Omagh, using the same codeword that had been used in the Real IRA’s bomb attack in Banbridge two weeks earlier. At 2:32 PM, a warning is telephoned to Ulster Television saying, “There’s a bomb, courthouse, Omagh, Main Street, 500 lb., explosion 30 minutes.” One minute later, the office receives a second warning saying, “Martha Pope (which is the RIRA’s code word), bomb, Omagh town, 15 minutes.” The caller claims the warning on behalf of “Óglaigh na hÉireann.” One minute later, the Coleraine office of the Samaritans receives a call stating that a bomb will go off on “Main Street” about 200 yards (180 m) from the courthouse. The recipients pass the information on to the Royal Ulster Constabulary (RUC) but are claimed to be inaccurate and police inadvertently move people towards the bomb.

The car bomb detonates at 3:10 PM in the crowded shopping area. The bombing kills 29 people, including a woman pregnant with twins, and injures some 220 others. Twenty-one people who are in the vicinity of the vehicle die at the scene. Eight more people die on the way to or in the hospital. The death toll is higher than that of any single incident during what are considered “the Troubles.”

The bombing causes outrage both locally and internationally, spurs on the Northern Ireland peace process, and deals a severe blow to the Dissident republican campaign. The Real IRA apologises and declares a ceasefire shortly afterwards. The victims include people from many backgrounds: Protestants, Catholics, a Mormon teenager, five other teenagers, six children, a mother pregnant with twins, two Spanish tourists, and others on a day trip from the Republic of Ireland. Both unionists and Irish nationalists are killed and injured.

It is alleged that the British, Irish and U.S. intelligence agencies have information which could have prevented the bombing, most of which comes from double agents inside the Real IRA. This information is not given to the local police, the Royal Ulster Constabulary (RUC). In 2008 it is revealed that British intelligence agency, Government Communications Headquarters, was monitoring conversations between the bombers as the bomb was being driven into Omagh.

A 2001 report by the Police Ombudsman says that the RUC Special Branch failed to act on prior warnings and slammed the RUC’s investigation of the bombing. The RUC has obtained circumstantial and coincidental evidence against some suspects, but it has not come up with anything to convict anyone of the bombing. Colm Murphy is tried, convicted, and then released after it is revealed that Garda Síochána forged interview notes used in the case. Murphy’s nephew, Sean Hoey, is also tried and found not guilty.

In June 2009, the victims’ families win a GB£1.6 million civil action against four defendants. In April 2014, Seamus Daly is charged with the murders of those killed, however, the case against him is withdrawn in February 2016.