Lawyers for 17 men charged in connection with the attempted murder of former DCI John Caldwell have heavily criticised the delay as the case approaches the three-year mark.
The now-retired senior officer was shot whilst coaching a youth football team at a sports complex in Omagh on 22 February 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.
However another man, John Charles Coleman (73) from Lakeview Cottages, Ardboe was added in relation to charges of preparing for acts of terrorism and perverting the course of justice between 21 and 24 February 2023 by destroying a Ford Fiesta.
A thirty-seven-year-old man arrested with him was released pending a report to the PPS.
A detective sergeant said the charges against Coleman are grounded on evidence in the form of engagement with other suspects, communications data, CCTV and phone movements.
It alleged Coleman made numerous calls to scrapyards to have the vehicle disposed of and when these were unsuccessful a decision was made to torch it, and transported two other suspects from the fire.
Bail was not opposed, and Coleman was remanded in the sum of £1000 with a £2000 surety.
But his addition to the case delayed progress for the other 16 defendants whose lawyers have repeatedly voiced concerns.
At Omagh Magistrates Court today (Tuesday) a prosecuting barrister explained Coleman is “integral” to the case against two other accused and his file is due to be completed next month.
She added, “This isn’t a matter of adding more papers to the case but adding a further defendant. I have been assured there will be no slippage.”
A defence solicitor for some defendants responded, “It is ludicrous to suggest (Coleman) is integral to the case. I don’t buy that further time is needed. 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!
Another defence solicitor pointed out, “The rights of defendants have to be considered in this abject delay. The court needs to take control and manage this case. The latest PPS update is just a rephrasing of last month. It’s the same words with no iota of progress.”
Noting the concerns District Judge Connor Heaney declined the PPS application for a four week adjournment and instead ordered the matter would be revisited on January 20 stressing, “I would like to see a global position on the structure of this case. Thereafter there will be a detailed review of progress.”
A solicitor for one of the accused who is remanded in custody urged the judge to grant bail today even though it would not result in his release as he is being held on other matters, “But it might send a message to the PPS.”
The prosecution objected to this as notice of a bail application had been filed which was agreed by Judge Heaney.
The defence accepted this adding, “I was just chancing my arm.”
