Missing evidence delays progress in shooting case

THE case of a man charged after a shooting at Tailor’s House Bar, Ballygawley has been delayed from transferring to the Crown Court as CCTV footage still has not been provided, which was noted as a factor significantly holding up other cases at present.

Branding the delay ‘stupid and pointless’, District Judge Michael Ranaghan warned the failure to provide the footage in cases is ‘almost contempt of court’.

Robert McCrum (51), of Eskragh Terrace, Dungannon, is charged with possessing a shotgun and a handgun to cause a belief of unlawful violence on August 28, 2022.

It is further alleged he unlawfully displayed force, made an affray and damaged a window in the bar.

FLED

He fled the scene in the aftermath but later handed himself in to police.

When the case first reached court, a detective explained that possibly up to three shots were fired from a car allegedly by McCrum.

He had been in the bar earlier, but left following a disagreement with other persons, returning a short time later when another argument broke out, and he left again.

CCTV footage then showed a car approaching the bar, allegedly driven by McCrum and police believe he was in possession of two firearms.

A shot was fired from the driver’s side, followed by a second smashing a window in the premises.

McCrum, who holds a firearms certificate, allegedly attended with a friend who was in the bar at the time, and asked him to store two guns, before travelling to the Republic of Ireland. On August 29, 2022, police issued an alert for his welfare, and three days later, he surrendered himself and was arrested.

A detective said that, during interview, McCrum gave an account, but ‘police are of the opinion it doesn’t stand up to scrutiny’.

ABANDONED

Last month, Dungannon Magistrates Court heard the case was proceeding to trial. However, a committal at the most recent hearing had to be abandoned after specific CCTV evidence required by the defence had not been received.

This meant a further delay, leading Judge Ranaghan to remark, “There are obviously victims in this. There’s a duty on those who investigate alleged crimes to bring them to a court forthwith. Stupid, pointless continued delays around footage are simply not acceptable.

“I have been banging the drum about this, and I’m not alone.

“It is delaying the process of investigations throughout the jurisdiction. It is wrong, and almost contempt of court.”

He continued, “I am speaking to the Regional Prosecutor next week, and this is number one on the agenda. It’s simply not good enough. I don’t know what else I can say. I know there are only a limited number of police involved in processing the disks, but that’s not an excuse. It’s not the individual officers’ fault, and I know police in this jurisdiction have other problems at the minute, but there is a need to focus on the people they say are victims.”

Agreeing to adjourn the committal until September 15, Judge Ranaghan warned, “If that disk is not served within a matter of days, I want the officer-in-charge in this court to explain why not.”

When contacted, a PSNI spokesperson said the investigating officers in McCrum’s case advised there was, “A technical issue with part of CCTV footage which was saved on a disc, rather than a large-scale issue with providing video evidence. The problem was noticed before the case was heard on Friday, and steps have been taken to rectify the issue.

“Given this is an ongoing case, we cannot provide any more comment.”

The PPS have not responded at the time of publishing.