Woman wins right to claim for bombing damages

A hospital patient left traumatised after learning her husband had been seriously injured in a loyalist bombing can pursue a landmark claim for damages, a High Court judge ruled.
Pacemaker Press 22/5/2013   Belfast High Court Building  in Belfast City centre  Pic Colm Lenaghan/PacemakerPacemaker Press 22/5/2013   Belfast High Court Building  in Belfast City centre  Pic Colm Lenaghan/Pacemaker
Pacemaker Press 22/5/2013 Belfast High Court Building in Belfast City centre Pic Colm Lenaghan/Pacemaker

Eileen O’Halloran is suing the PSNI and Ministry of Defence over alleged state collusion with the gang who carried out the attack in north Belfast in April 1975.

Lawyers for the two defendants applied to have the 63-year-old’s action struck out, arguing she did not meet the legal test for psychiatric injuries as a ‘secondary victim’ because she was neither at the scene nor witnessed the blast.

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But Mrs Justice Keegan upheld an earlier decision to allow the case to continue.

Martin O’Halloran was injured in the terrorist attack as he waited for a bus on the corner of Oldpark Road and Ballynure Street, close to the Hole in the Wall bar.

He identified one of the bombers who lit the fuse as Trevor King, a notorious UVF commander who was subsequently murdered by the INLA in 1994.

At the time of the explosion Mrs O’Halloran was a patient at the Mater Hospital in north Belfast.

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She has stated she overheard that a man identified as her husband had been badly wounded in the attack.

The news left her traumatised and caused a psychiatric injury, according to her case.

However, the defendants deny her contention that they are responsible due to the alleged involvement of state agents in either the planning or implementation of the attack.

In a newly published decision, Mrs Justice Keegan said: “It is not enough for me to say that the case is weak and may have difficulties in succeeding.”

She confirmed: “The appeal will be dismissed.”