Court hears claims that woman embroiled in dissident republican case was used as 'camouflage'

​Counsel for Simone Kathleen Higgins argued that she became innocently embroiled in a search operation for firebombs at the property in Ballymena, Co Antrim nearly 20 years ago.

Civil action is being taken against the PSNI in a case involving former IRA prisoner Paddy Murray.

Ms Higgins and Anthony Lee were detained along with four others when armed officers swooped on the house at Fisherwick Gardens in the town back in February 2005.

Incendiary material was discovered inside DVD cases at the property. Murray had allegedly provided the cases to one of the men present at the property, telling him they contained counterfeit films, a previous court heard.

It is claimed that he was a police agent and deliberately planted the devices so they could be discovered.

Ms Higgins and Mr Lee had faced explosives charges, but were acquitted of any wrongdoing in 2008. Their trial ended after the prosecution offered no evidence against them.

They are both now seeking damages in a claim for unlawful arrest, false imprisonment and malicious prosecution.

The PSNI has denied liability and stated that Murray did not supply the devices as part of a police operation. His alleged status as a police informant was neither confirmed nor denied.

In 1994 Murray, from Antrim, was sentenced to 25 years in prison for possession of explosives but released in 2000 under the terms of the Good Friday Agreement.

He has previously denied being an agent for the security services.

Part of the lawsuit is being heard in private so that sensitive intelligence documents can be examined without any threat to national security.

But in open proceedings Ms Higgins’ barrister, Seamus Lannon, insisted she had known nothing about the devices discovered in the raid.

“She was unfortunate to be in her kitchen… when they carried out the search and seizure operation, and was innocently caught up in it,” he submitted.

Stressing that his client had answered all questions throughout the investigation, Mr Lannon described it as a prosecution which could never be sustained.

“She was used as camouflage to hide something which the state, for whatever reason, possibly a very good reason, didn’t want to expose,” he added.

“The plug could have been pulled on this prosecution prior to that.”

Ciaran White, representing Mr Lee, contended there was “not a shred of evidence” that he had been involved in bringing the devices to the house.

“This was a planned, intelligence-led operation,” Mr White said.

“In that sense police knew much more than they let on… something was afoot.”

But counsel for the PSNI challenged the extent of explanations provided by Ms Higgins and Mr Lee for the presence on the day of the raid.

Adjourning the case, Mr Justice McAlinden will hear further submissions at a closed hearing.