Trial of Caldwell accused ‘may not conclude until 2026’

UP to 20,000 pages of evidential material has been amassed in an investigation into the bid to kill a top PSNI detective outside Omagh last year, the High Court has heard.

It was also predicted that the trial of men accused of involvement in the gun attack on Detective Chief Inspector John Caldwell at Youth Sport Omagh may not conclude until 2026.

Details emerged as two of those allegedly involved in events surrounding the assassination plot and subsequent clean-up operation mounted renewed applications for bail.

James Ivor McLean (73) and Alan McFarland (48), both with addresses at Deverney Park in Omagh, are among eight men charged with the attempted murder of DCI Caldwell.

The off-duty policeman was shot and seriously wounded in front of his son just after he finished coaching a youth football team at sports facilities in February last year.

Two men wearing dark waterproof clothing approached him and opened fire, striking him several times.

The gunmen made their getaway in a Ford Fiesta, fitted with false number plates and discovered burnt out later that night, before switching to another car.

Although the New IRA claimed responsibility for the attempted assassination, other criminal factions allegedly joined forces with the dissident republican grouping to target someone regarded as their joint enemy.

Detectives believe the Fiesta travelled in a convoy with a black Mercedes in the Omagh area earlier on the day of the shooting.

Less than 15 minutes after the attack a similar coloured Mercedes was seen on footage arriving at James McLean’s home, according to the prosecution.

An unidentified witness claimed it came to a “screeching halt” in the driveway before two men wearing waterproof suits got out and ran round the side of the house towards a back garden.

The Mercedes was said to have left the address a short time later, followed immediately by a white transit van.

Mr Justice O’Hara was told that the witness has identified McLean as the alleged driver of the van.

Prosecutors claimed McFarland was involved in the acquisition of one of the cars used in the attempted murder by attending an auction house where another suspect purchased the vehicle.

Another part of a circumstantial case against him relates to forensic swabs taken when he was initially arrested on the day after the shooting.

Particles characteristic of Cartridge Discharge Residue were found on his hand and jacket pocket, a previous court heard.

Both McLean and McFarland deny any role in the attack on DCI Caldwell.

As they sought release from custody based on delays in the case, a Crown lawyer confirmed that committal papers to have all defendants transferred to the Crown Court are expected to be served by December.

But the judge predicted that a preliminary enquiry in the case will not take place until Spring 2025.

“Realistically it will be another year until trial,” Mr Justice O’Hara added.

Counsel for McFarland told the court indications have been given that papers in the case will be “of a volume of between 15,000 to 20,000 pages”.

“Even if that target is met, the defence is going to have to read potentially 20,000 pages,” he suggested.

“It’s going to take more than three months working ten hours a day to read those papers.”

Despite insisting there would be no excuses for defence lawyers having to devote all their time to the case, the judge acknowledged: “I don’t think it’s unrealistic to suggest the best result in this case is to have a trial within three years.”

McLean’s barrister argued that he faces an even longer delay, having been previously refused bail 12 months ago.

The court heard that the pensioner suffers from a number of chronic diseases and other significant health conditions.

“That context of time for an older gentleman is all the more hard-hitting as time passes,” counsel added.

Adjourning the hearing, Mr Justice O’Hara indicated he will rule on the bail applications next week.