Court allows screening of 'Panorama' programme on Omagh bomb

The BBC won permission to broadcast a Panorama programme naming three alleged suspects for the Omagh bombing last night less than two hours before it was due to go out.

The BBC won permission to broadcast a Panorama programme naming three alleged suspects for the Omagh bombing last night less than two hours before it was due to go out.

Mr Justice Kerr ruled the programme could go ahead after hearing an application from the Northern Ireland Human Rights Commission to stop transmission.

The commission had claimed in the High Court in Belfast that to name people questioned about the bombing would prejudice any future fair trial. Its lawyers argued that the broadcast would endanger the lives and infringe the rights of those named, hinder the police investigation and prejudice any future prosecutions.

But giving judgement after nearly six hours, Mr Justice Kerr said that he was not satisfied there were risks to the individuals named.

"It cannot be taken as given that simply because one is named in a programme such as this, and not withstanding the horrific nature of the atrocity, that a risk to life would thereby be incurred," he said.

The judge said he was also satisfied there was no interference with the presumption of innocence by what would be in the programme.

The commission argued the court should put the rights of the individuals above the BBC's right to broadcast. But the judge said the relevant sections of the Human Rights Act showed that the "balance fell firmly in favour of the broadcaster".

After the decision, a BBC News spokesman said: "The programme has been made with great care. Many of the victims' relatives clearly wanted the programme to be broadcast including those who took part in the programme. They and many others hope that the transmission of this programme will help bring to justice those responsible for the Omagh atrocity." Yesterday's hearing came after Lawrence Rush, husband of one of the 29 victims of the bombing, failed to halt the programme last Friday.

Last night he said: "I might never get justice for my wife Libbi now. This is a disaster for my family and for Northern Ireland. Trial by media is dangerous. An innocent person could be blamed and a guilty one gets off."

But Michael Gallagher, who lost his 21-year-old son Adrian, said: "Nobody has been put on trial tonight. People are simply being asked to explain their movements on the day of the bomb. Given the size and severity of the atrocity, I would have thought that any reasonable person would want to co-operate with police and clear their name.

"If it does jog someone's memory or conscience then the programme will do a good job. I hope and pray that people will come forward."

Professor Bryce Dickson, chairman of the Northern Ireland Human Rights Commission, said it would not be appealing. He said the Commission was dissatisfied with the state of the law, which "as it stands, would appear to be against us".

Prof Dickson added: "We are unclear as to how a decision can be reached on whether the programme would compromise the fairness of proceedings without the programme actually being watched."