A police officer is to contest an allegation of assaulting a senior republican figure who is currently one of seven charged with the attempted murder of DCI John Caldwell, in an incident dating back over three years.
Andrew Forde, whose age is unknown and with an address care of his lawyers, is accused of assaulting Brian John Carron on October 18, 2020.
No details surrounding the circumstances of the alleged incident were disclosed during the short hearing at Dungannon Magistrates’ Court, however it is understood to have come about after Carron made a complaint to the Police Ombudsman who recommended prosecution.
A defence barrister advised the charge is denied after which Deputy District Judge Sean O’Hare adjourned the case until January 19 when a contest date will be fixed.
Carron (38) of Claremount Drive, Coalisland is accused of attempting to murder DCI Caldwell and belonging to the IRA in February 2022.
Six others are similarly charged with attempted murder while a further three are accused of preparing for acts of terrorism.
On the evening in question DCI Caldwell was taking footbath practice at Youth Sport in Omagh when two gunmen fired multiple shots at him.
Previously when objecting to bail, a detective explained on the afternoon of the attack Carron was observed wearing a Tyrone GAA top, tracksuit bottoms, trainers and a hat.
His phone was switched on but remained at his home with no activity between him leaving until after 8.21pm, “Giving him enough time to get to Omagh and return home after the shooting. We believe the lack of phone activity at this time among the accused was because they were taking part in the attempted murder of DCI Caldwell”.
Carron was arrested and items of clothing were seized from which indicative CDR (cartridge discharge residue) particles were recovered from a shoe and a hat taken, matching that found on DCI Caldwell’s clothing.
There were also traces of nitro-glycerine.
The detective said: “We say this supports whoever was wearing that was present when a firearm was discharged. Police believe the defendant played an active part. He knows the others involved.
“Efforts were made to destroy evidence including phones, clothes and cars. CCTV footage was deleted. It is believed he is a senior and trusted member of the IRA. This was a terrorist group in conjunction with a criminal grouping who are capable of disposing of evidence and intimidating witnesses.”
Challenging this a defence solicitor said: “According to this man (the detective) my client is the head of this and the head of that, in a desperate attempt to introduce prejudicial evidence … There is no forensic footprint connected to my client. The CCTV shows he left his house after 4pm and came back later that evening … This prosecution should be discontinued as there is no evidence linking him to this case.”
Bail was refused on that occasion and thereafter appealed at High Court, where a prosecuting barrister explained Carron attended a Saoradh protest outside Palace Barracks in County Down – the Northern Ireland headquarters of MI5 – on March 4, ten days after DCI Caldwell was attacked.
Surveillance showed the group initially meeting in Belfast where, “Footage appears to show the defendant enacting a shooting of some description. He is enacting a person raising their hands in some sort of protective measure. The prosecution say from DCI Caldwell’s account and the injuries to his hands, that is an action he took. That information was not in the public domain at that time.”
The defence again challenged the prosecution position, repeating the contention of no evidence linking Carron to a vehicle used in the attack.
Bail however was refused again, and Carron remains in custody.
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