As the case of the attempted murder of former Detective Chief Inspector John Caldwell approaches the three year mark, there was a significant development today (Tuesday) when all charges against one the accused were suddenly dropped.
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.”
Alan McFarland (50) of Deverney Park, Omagh was one of eight men charged with attempted murder while a further nine men face various charges ranging from preparing for acts of terrorism and perverting the course of justice.
However, a prosecuting lawyer told the court “senior counsel’s opinion has been considered and I am instructed to withdraw the charges.”
The defence responded: “Whilst welcome news, this defendant spent 16 months on remand. When granted bail the PPS appealed to ensure he remained in custody and was held for a further five months. When eventually released, it was under extremely strenuous conditions.”
He continued: “I am sure he is delighted as he has been removed from his family and community. Today was his 55th court appearance and it’s frankly astonishing the case is only now withdrawn at this very late stage.”
District Judge Conor Heaney ordered the charges to be withdrawn and lifted all bail terms.
The case has drawn heavy criticism from defence teams over significant delays and 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 addition of another man appeared to further delay matters and last month defence barrister, Eoghan Devlin KC to point out the High Court has explicitly noted that others being added to an investigation should not cause delay.
He has suggested the cases which are ready should be released to their defence teams to begin work but the PPS has implacably refused insisting all must proceed together.
Judge Heaney asked the PPS to consider this and provide a rationale as to why this could not be done.
On return today the prosecution said: “The cases cannot be divided and all papers should be issued at the same time. It may sound we are coming with the same update review after review but there is progress. It’s a very large file and we are making every effort.”
But Mr Devlin stated: “This is completely unacceptable. The case is no further on. The PPS are dancing on the head of a pin. There is still no estimation of a time frame there won’t be when we return in four weeks. We are simply asking for the cases which are ready and sitting on a PPS desk to be given to us, yet a decision was made in the case of Alan McFarland. No-one doubts this case is complex, but we do resent that for years the PPS have been contending the papers are just around the corner. Now when that game is up, they do a complete volte face. It beggars belief.”
Judge Heaney: “I’m struggling to reconcile how a decision to withdraw charges against one defendant against what I’m being told. This court will close supervise this and expect the PPS to answer why it cannot proceed by releasing some of the case. The court is cognisant of the extent of the case and the rights of defendants, but it is also cognisant of the expectations of complainants and witnesses. Time marches on for all these people.”
Adjourning until 10 March Judge Heaney warned: “I expect a substantial update, over-and-above being told specific details of files being on the Directing Officer’s desk.”
