One of the men charged with attempting to murder DCI John Caldwell has been refused variations to his bail conditions, one of which was to allow him to embark on a cruise.
The accused, who currently cannot be identified for legal reasons, is one of seven men accused of attempted murder, and among 16 charged in connection with the overall incident.
The now retired senior PSNI officer was gunned down while coaching a football team at Omagh Youth Sport Centre on 22 February 2023.
The was claimed by the New IRA and allegedly involved organised criminality.
Until last week an eighth man – Alan McFarland (50) of Deverney Park, Omagh – was also charged with attempted murder but as the attack neared the three year mark and allegations against him were withdrawn.
The case has drawn heavy criticism from defence lawyers who contend the delay is impacting on the defendants’ human rights and while there has been some progress, to date remains no indication as to when it will transfer to crown court.
At Omagh Magistrates Court today (Tuesday) lawyers for one of the accused applied for him to be permitted to return to his County Tyrone address and to travel on a Mediterranean cruise with his partner.
Objecting to both, a prosecuting barrister explained since being granted bail the defendant has not been permitted to return to his address and this was recently unsuccessfully attempted again at High Court, with Dame Justice Keegan stating she would not agree to any address in County Tyrone.
This is due in part to a necessity to protect both “The victim and witnesses who reside in the area”.
The prosecution also noted the defendant was previously granted bail in the attempted murder case but reoffended leading him to be remanded again, but since released on High Court bail with strict conditions.
There have also been three breaches of bail.
“This defendant has demonstrated an inability to abide by bail conditions and the delay expressed by defence counsel does not lessen concerns,” said the prosecution.
“The delay must be seen in a global context in this huge case and there has been significant progress.”
In terms of permission to go on a cruise the prosecution also objected, “As bail cannot be managed when he is out of the country. (Defendant) was on bail for other matters when charged with attempted murder, then when released on that, he reoffended again.”
The prosecution accepted while other defendants connected to the case have been permitted to go on holiday, they were fully compliant, providing all evidence of where they are going and staying, with whom and how they are travelling.
They also have no bail breaches or further offending.
Arguing the variations should be granted a defence barrister told the court, “Bail conditions are not designed to be punitive and it is not assumed the case against (defendant) is a fait accompli. Despite the slow progress of this case I have never used the phrase culpable delay but it is now in that territory.”
In terms of the holiday, the defence queried, “What hypothetical criminality could he possibly get up to on a cruise?”
But refusing the application, District Judge Conor Heaney said, “This is not an appropriate case to sanction bail either in terms of the address or to go on holiday.”
The update on the attempted murder case is due on 10 March.
