Judge rules murder case should proceed

District Judge Barney McElholm dismissed an application by the defence for 25-year-old Piper John McClements.

McClements, formally known as Daryl Proctor, of the Fountain, is charged with the murder of Mr McCauley in June, last year.

The defence for McClements argued that the case was ‘null and void’ because consent for the prosecution had not been properly given.

They had argued that the Attorney General had to give consent in a case of this nature where the victim had died some nine years after the assault.

Passing judgement, District Judge Barney McElholm said the issue of when consent should be formally presented to the court was, in his opinion, a technicality.

He said that an injustice could be caused ‘if a technicality was allowed to render a prosecution null and void.’

The judge added that the form of consent could be lodged at any time before a committal to the Crown Court.