Previous warnings by the judge dealing with the case of the attempted murder of former DCI John Caldwell, appear to have taken effect as “very good progress” was noted at the most recent update.
Last month, District Judge Conor Heaney warned he would “tighten oversight even further” absent substantial progress.
Seven men are charged with attempting to murder DCI Caldwell who was shot on February 22, 2023 while coaching a football team at the Omagh Youth Sport Centre.
Three others are accused of preparing for acts of terrorism.
It is also believed an attempted attack two weeks beforehand was stood down.
The repeatedly delayed case at Omagh Magistrates’ Court has caused defence lawyers to express serious concerns.
In July it emerged “highly relevant” CCTV evidence had been discovered indicating significant planning and preparation on both the night of the attack and the earlier failed attempt.
On that occasion prosecuting counsel explained, “The case was progressing, but nobody realised the significance of what police would tell the (PPS) Directing Officer.”
Judge Heaney enquired, “What happened between February 2023 and this discovery in July?”
The prosecution replied, “The significance was not previously apparent. Given what has been found it’s necessary to include it in the case.”
More adjournments followed in the course of which the prosecution advised delay was due to this CCTV evidence being “cloned and clipped”.
Judge Heaney expected a full update and a timeline for completion but on return, the court learned just 262 clips were completed out of 1662, equating to approximately 16%.
The prosecution explained work was being carried out by two officers full-time and, “Unfortunately, police are not in a position to give an exact date for completion and suggest reviews over the next weeks or months.”
Judge Heaney remarked, “I record my concern that two officers are working on what I’m told is the only hold-up. I have been told on numerous occasions that there would be a definite timeline for committal papers. That seems to be vanishing and is of significant concern to the court.”
He enquired, “Given the scale and complexity of the case. Why is it just two officers?”
The prosecution said the two are out of a group of five within a specific team at Strand Road PSNI in Derry/Londonderry and detailing more would take away from other cases.
The judge said “Why look to Strand Road? This case is complicated and involved so why am I told two officers are the sum total? Consideration should be given to using other resources within the police estate.”
He continued, “These delays have a direct bearing on the defence, witnesses and the alleged victim – all of whom are entitled to expect expeditious progress. I remain concerned at what the court is being told, then not being told. If it requires me to tighten oversight even further, I will do so.”
On Tuesday the prosecution advised of “very good progress” after a third officer was detailed to work on the CCTV clips full time.
To date 1012 clips have been completed, equating to 63.5%, and an increase of 23.5% since the last update.
The prosecution confirmed, “Clipping was the biggest hurdle and once it is complete the case file can be finalised. There are some other issues including around consent and redactions, but these are being worked through.”
Suggesting a two-week adjournment would be “futile”, the prosecution instead requested a month.
Acknowledging progress Judge Heaney listed the case fir further update on December 1, which was agreed by all defence lawyers.
