Stern words have been exchanged in court during a review into the attempted murder of former Detective Chief Inspector John Caldwell, with one defence lawyer contending a “red-herring” is being used by the PPS as a delay tactic.
As the incident approaches the two year mark, discontent was repeated over a lack of movement in the case.
DCI Caldwell was gunned down while coaching a football team at the Omagh Youth Sport Centre on February 22, 2023.
The assailants fled in a Ford Fiesta, which was later found burnt out, before reportedly switching to a black Mercedes which travelled to a house in the Deverney Park area of Omagh.
The assailants ran to the rear of a property, then left again in a white Transit Van
The attack was claimed by the New IRA and allegedly involved organised criminality.
Both weapons used remain unaccounted for.
DCI Caldwell was critically ill for some time and retired last month as a result of his injuries.
Over protracted investigations a total of 11 men have been charged, of which seven are accused of attempted murder.
The others face varying charges such as preparing for acts of terrorism while two are accused of belonging to the IRA.
There are also a further 12 suspects.
The case was initially indicated to be approaching committal to crown court in December but this slipped, and on review today (Tuesday) its appears there is further delay.
Prosecution counsel stated: “Work is continuing and proceeding on 23 reported suspects, with decisions in principle made in respect of 16. Work is ongoing on the remaining seven and it is hoped this will be done in early March.”
One defence solicitor responded: “The court was told decisions would be made in December, but at that stage the PPS sought the court’s grace and indulgence to adjourn and while not pitched as an undertaking, but certainly presented as a promise, that all decisions would be made. We are very disappointed at another undue delay. It’s not acceptable that decisions are taking this long.”
The prosecution said: “This is an enormous case of 23 individuals in an investigation of the utmost seriousness. Whilst we all very much wish matters don’t take as long as this, there is little we can do. The directing officer is working tirelessly, and a second one has been drafted in. There’s no suggestion whatsoever that the PPS is dragging its heels. Quite the opposite. An enormous amount of resources has been poured into this , so I fundamentally reject any criticism. It is unfortunately a natural outworking of an investigation of this size.”
A solicitor for four of the accused said: “The defendants have fundamental rights and entitlements, which I believe have been abrogated by this undue delay.”
Another solicitor stated: “This matter about PPS decisions is a complete red-herring and something which has been introduced within the culture of the Northern Ireland legal system. It’s a delaying tactic. This isn’t the most complex case. It’s made up of a number of strands of evidence, which have been put. What are we waiting for? If the PPS don’t feel they have enough evidence, why were the defendants’ charged? There should be a strict, fixed date for a committal hearing.”
District Judge Francis Rafferty remarked: “I’m very conscious this is a wide-ranging and complex case. I’m also conscious of the defendants’ rights which are being assiduously attended to. The court has also for the first time been advised of the decision taken on 16 out of 23 individuals, so it would seem we are approaching the end.”
He decided to list the matter for a substantial update on January 28.
