A MAN who allegedly obtained one of the cars used in a “ruthless and determined” attempt to kill a top PSNI detective must remain in custody, a High Court judge has ruled.
Jonathan McGinty (28) was refused bail on Thursday amid claims that he brought the black Mercedes C Class into Omagh weeks before Detective Chief Inspector John Caldwell was shot at sports facilities in the town.
Prosecutors argued that the vehicle featured in a plan to get suspects away following the assassination bid on February 22.
McGinty, of St Julians Downs in Omagh, is among seven men currently charged with the attempted murder.
Mr Justice O’Hara said, “Anyone connected to this crime is part of what can only be described as a ruthless and determined effort, with significant planning, to murder a senior police officer.”
DCI Caldwell was shot repeatedly in front of his son at around 8pm after he finished coaching a youth football team.
Two men dressed in dark waterproof clothing approached the victim at the rear of his car and opened fire, striking him several times. The gunmen made their getaway in a Ford Fiesta discovered on fire later that night.
DCI Caldwell was seriously wounded and spent nearly two months recovering in hospital.
Although the New IRA claimed responsibility for the shooting, police believe other criminal factions joined forces with the dissident republican grouping to target someone regarded as their joint enemy.
“Regardless of the political backgrounds of each of the individuals who played a part, they came together for a common goal, the attempted murder of DCI Caldwell,” a Crown lawyer contended.
She claimed McGinty, who faces a further charge of preparation of terrorist acts, registered the Mercedes to his home address in a false name and brought it into Omagh on February 1.
In early March the car was swapped for a van, professionally cleaned and then sold on, the court heard.
Forensic examinations carried out on the vehicle after the valeting found one indicative particle of potential cartridge discharge residue.
Earlier on the day of the shooting, according to the prosecution, it travelled in convoy with the initial getaway car and another Ford Fiesta involved in the plot.
Based on CCTV footage, counsel claimed the Mercedes then went on to Killybrack Mews in Omagh, the home of 45-year-old co-accused, Gavin Coyle.
Less than 15 minutes after the attack the same vehicle allegedly arrived at the address of another defendant, James Ivor McLean, 72, at Deverney Park in the town.
An unidentified witness claimed it came to a “screeching halt” in the driveway before two masked men wearing waterproof suits got out and ran towards a back garden.
A short time later the Mercedes left again, followed immediately by a white transit van.
Although checks have established a total of six C Class saloons were present in the Omagh area on February 22, the barrister argued that none of the others had the same distinctive features as the one linked to McGinty.
She also told the court his phone was inactive between 3.42pm and 9.03pm on the day of the shooting.
When initially arrested McGinty told police he did not have a mobile, but a device was located inside a backpack in his kitchen. A subsequent search uncovered a second phone hidden under his mattress. McGinty has refused to provide the PIN codes for either phone.
Opposing bail, the prosecutor accepted there is no evidence that any of those charged actually carried out the shooting.
But she stressed that one of the two guns involved had been used in two previous incidents in 2019 and 2022 and could resurface again in future.
“This can only be described as a meticulously planned attack by sophisticated criminals with access to weapons,” counsel added.
Karl McGuckin, defending, confirmed that McGinty completely denies any role in the bid to kill DCI Caldwell.
He insisted that the allegations against his client were based on a generic type of car driven in public and then seen on “grainy” CCTV footage.
The barrister also highlighted a “drop off” in any sightings during the period surrounding the attack.
“It is a weak circumstantial case… based on suppositions and assumptions,” Mr McGuckin submitted.
Asked why McGinty may have registered the Mercedes under a false name, he suggested it could have been for tax or insurance purposes as the accused buys and sells cars.
Bail was denied however, due to the risks of re-offending and interference with the investigation.
Mr Justice O’Hara said there appeared to be “too many coincidences”.
He added, “I accept, at this stage in the investigation, there is clear evidence this car was used on the night of the attempted murder… in particular after the shooting occurred, as part of a prearranged plan to get the people away, to hide what happened and to hide the involvement of those who committed the shooting itself.”
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