By 
CHARGES against one of the men charged with the attempted murder of Detective Chief Inspector John Caldwell in Omagh in February 2023 were today withdrawn.
The now-retired senior officer was shot multiple times while coaching a youth football team at a sports complex in Omagh.
Alan McFarland (50), of Deverney Park, Omagh, had been one of eight men charged with attempted murder. A further nine men face a range of alleged offences, including preparing for acts of terrorism and perverting the course of justice.
In court today, a lawyer for the Public Prosecution Service (PPS) said, “Senior counsel’s opinion has been considered and I am instructed to withdraw the charges.”
Barrister Joe McCann, representing McFarland, said his client would be “delighted” at the decision but described it as “astonishing” that the case had only now been withdrawn.
District Judge Conor Heaney ordered the charges to be formally withdrawn and lifted all bail conditions.
The hearing also heard continued criticism from defence teams over delays in the wider case.
In total, 16 men have been charged in connection with the incident. Seven now face attempted murder charges, while the remaining defendants are accused of related offences.
Defence lawyers argued that the addition of further suspects had contributed to delays. Last month, defence barrister Eoghan Devlin KC told the court that the High Court had previously stated that adding new suspects to an investigation should not result in prolonged delay.
He has urged prosecutors to release completed case files to defence teams so preparation work can begin, but the PPS has maintained that all cases must proceed together.
Judge Heaney previously asked prosecutors to explain why the cases could not be progressed separately.
Returning to court on Tuesday, the PPS said, “The cases cannot be divided and all papers should be issued at the same time. It may sound like 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.”
Mr Devlin KC described the situation as “completely unacceptable”, calling for a clear timeframe and the release of files that are ready.
Judge Heaney said, “I’m struggling to reconcile how a decision to withdraw charges against one defendant sits against what I’m being told. This court will closely supervise this and expects 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.”
The case was adjourned until March 10, with the judge indicating he expects a substantial update from the PPS at that stage.
