All persons believed to be involved in or connected to the attempted murder of former DCI John Caldwell have now been identified, a review hearing at Omagh Magistrates Court has heard.
Lawyers for 17 men currently charged have been heavily critical of the delay as the case approaches the three-year mark and a PPS chronology requested by District Judge Conor Heaney was handed in just before the court commenced today (Tuesday).
The now-retired senior officer was shot whilst coaching a youth football team at a sports complex in Omagh on February 22 2023.
In the aftermath the New IRA claimed responsibility for the attack who stated, “An active service unit was in position to target the enemy within our chosen kill zone with our armed volunteers giving cover.”
Until November last year 16 men were charged in connection with the incident of which seven are accused of attempted murder, and the rest face various related allegations.
The seventeenth arrest came in November last year and this addition appeared to have delayed progress for the other defendants whose lawyers have repeatedly voiced concerns.
Earlier this month a prosecuting barrister explained the latest defendant is “integral” to the case against two other accused but while seeking a four week adjournment added, “I have been assured there will be no slippage.”
This was rejected by solicitors for some defendants who responded: “This case is going to be massive so the PPS should be ordered to start disclosing files now rather than more delay. We could be making a start because when we do get the papers it will take us time to work through. The longer the PPS are given, the more this is slipping!
Noting these concerns Judge Heaney declined the PPS application for a four week adjournment and ordered the PPS to provide a “chronology of the global position on the structure of this case.”
On return today while the requested material was supplied it was only handed in just ahead of the court commencing leaving the judge and defence lawyers no time to study it.
Prosecution counsel stated all defendants believed to be involved have now been either charged or reported and the last case file is due to be submitted by the end of February.
She said: “The chronology indicates over 18,000 pages, 44 photograph albums, 40 phone reports. The defence may consider there is delay however that should be seen in the grand scheme of things in a case which is huge and has continued to grow. It is a reactive and live investigation.”
Urging a four week adjournment, the prosecution added: “It would be my hope by then we would have something more meaningful to say other than the (final) file is still expected.
“There is no delay in that file yet and police have informed me no slippage is expected. There is no prejudice to the defendants and any relating to bail conditions can be dealt with in the proper way by the court.”
However Judge Heaney replied: “I want to read this chronology to be satisfied on progress. I am not taking up the invitation for anything more than a one week adjournment.
“I had hoped the chronology would have arrived for today rather than on the day. I’m not criticising the PPS and the court is cognisant of the nature of these proceedings but I need to read this chronology.”
This was supported by the defence lawyers and the case will be mentioned again on January 26.
