A FURTHER delay has occurred in a Tyrone kidnapping case during which a male was allegedly threatened with decapitation, after a mixed DNA profile was discovered on items believed to have been recovered from the incident.
Concerns have already been expressed over the issues in the case and the most recent update was described by Deputy District Judge Sean O’Hare as ‘wishy-washy’.
Cahill Maguire (27) and Emmet McGuire (24), from Davis Crescent, Aaron McNulty (26), from Davis Road, all in Newtownstewart, along with Brendan Thomas Liam McShane (30), from Garag Hill, Castlederg are jointly-charged with kidnapping a male on October 10, 2022 and unlawfully and maliciously causing him grievous bodily harm.
An earlier hearing in the case at Dungannon Magistrates Court was told that the alleged victim was dragged from his home and forced into the rear of a van which was then driven around various locations during which he was struck numerous times.
In one instance, he was taken from the van and viciously beaten with weapons, kicked and punched, then shown a saw and told his head ‘would be cut off’. The victim’s back and chest were allegedly cut with the saw and cigarettes were stubbed out on his skin.
The abductors then abandoned him badly injured until found by a passer-by who called an ambulance.
Police initially spotted the van in Strabane, where it refused to stop.
A helicopter was deployed which picked up the van in the Hillsborough area being driven by Emmet Maguire who again initially refused to stop, but then did before he fled on foot but was quickly detained having been found hiding in a hedge.
While bail was initially refused, all but Cahill Maguire would later be released.
At the most recent sitting, a prosecuting lawyer advised an unexpected issue has arisen whereby a forensic report has been received, however ‘one of the items resulted in a mixed DNA profile and further analysis is required to establish exactly who this belongs to’.
In addition, the phone reports and telecommunication evidence remains outstanding although these are currently being worked on but no specific timeframe has been provided.
In response, defence for Cathal Maguire repeated previous concerns around delay pointing out the interview with the alleged victim took place in October 2022 and now they were being told police had no ‘definitive timescale’.
“It would be helpful to know how key this item with a mixed DNA profile is to making a decision in the case,” the lawyer added.
Judge O’Hare noted the court had not been told what the mixed profile DNA was found on or how it could be transformed into a positive match.
“It’s a very wishy-washy update, and all vague and in the ether,” he remarked.
Adjourning the case until March 13, the judge directed the investigating officer to appear in person with a full update and timescales.
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