27-year-old man accused of possessing gun used to kill Lyra McKee

Niall Sheerin, of Tyrconnell Street, is charged with possessing a firearm in suspicious circumstances between September 12, 2018 and June 5, this year.

He is further charged with possession of a firearm and ammunition with intent to endanger life or cause serious injury or to enable another person to do so.

Derry Magistrate’s Court heard that the defendant told police he was ‘at a loss’ as to how his DNA was found on the gun and denied having anything to do with the murder of Lyra McKee or the paramilitary shootings.

An investigating officer said that spent bullet cases from the scene of the murder of Lyra McKee were identified as coming from a .22 Hammerli pistol.

It is alleged the gun used was stolen from Fermanagh in 2008 and no one was prosecuted in relation to the theft.

The gun was found during a police search for New IRA munitions on June 5.

The officer told the court that during the search, between Ballymagroarty and Whitehouse, a command wire improvised explosive device was recovered.

It is alleged that the Hammerli semi-automatic pistol and eight rounds of .22 ammunition were ‘hidden in a hollow behind a telegraph pole’ at a separate location of the search area.

The gun was allegedly found inside two black bin liners and the ammunition was contained in a clear plastic bag.

The court heard the gun was test fired and compared against the spent casing from the scene of the murder of Ms McKee and it was confirmed to be the weapon that killed the 29-year-old journalist.

The investigating officer said the same gun was also used in four paramilitary style assaults between September 2018 and March 2019 in which four men sustained gun shots to their lower limbs.

He added that the murder of Ms McKee was claimed by the New IRA and there is a clear link between the organisation and the weapon.

The court heard the gun, ammunition and packaging was forensically tested and a DNA profile belonging to the defendant was found on the two areas of the gun.

It is alleged Sheerin’s DNA profile was found on the slide of the gun and the edges of the magazine.

The officer said the forensic report outlines that the profile on the slide is one billion times more likely to belong to Sheerin than anyone else and the profile on the edges of the magazine is 70 million times more likely to belong to him.

The court heard that no further DNA belonging to Sheerin or anyone else was found on the ammunition of the packaging.

The officer said police believe the DNA evidence links Sheerin to ‘not only having possession of that gun and storing or hiding it, but actively involved in loading and unloading it and preparing for this to be used in a shooting or unloading it afterwards for storage’.

During police interview, the court heard the 27-year-old did not answer any questions. However, he did provide a prepared statement in which he denied involvement with the murder of Ms McKee and the punishment shootings.

In relation to the DNA, it is alleged he said in the statement: ‘I am at a a loss as to how this happened’.

Police opposed bail for fear of further offences, fear of flight and concerns the defendant may interfere with witnesses.

The investigating officer said police believe Sheerin has been ‘involved in serious and violent offending’ relating to dissident republican activity.

Defence counsel Joe Brolly said the case against his client is ‘extremely slim’ and was based on a ‘trace’ of DNA.

“This gun was stolen in 2008 and we simply don’t know how long a trace may be on the gun or in what circumstances it may be on the gun,” Mr Brolly said.

He added that DNA transfer is a ‘very, very plausible scenario’.

The barrister said his client had provided an alibi to police in relation to the night of the murder of Ms McKee and his client has not been charged with that as a result.

Mr Brolly his client is in full time employment and lives with his partner and two infant children.

The barrister said that to refuse bail or to grant bail to an address outside Derry would effectively dismiss Sheerin from his job at a time when ‘people are lucky to have employment’.

He added that two other defendants, one charged with the murder and the other charged in connection with disorder in Creggan prior to the shooting, are both on bail and are residing in the city.

District Judge Stephen Keown granted bail, however he said an address in the city was not suitable.

Sheerin was released on his own bail of £500, with one surety of £500 to reside at an address approved by police.

The 27-year-old is banned from entering Derry, from having any contact with the co-accused and from having any contact with the Saoradh offices.

He must also abide by a curfew, be subject to an electronic tag and sign bail five times per week.

Sheerin will appear in court again on August 13.