District Judge seeks clarification over hearing

Derry Magistrate’s Court heard that a mixed committal hearing for Paul McIntyre, who is charged with Miss McKee’s murder, and Christopher Gillen, who is charged with rioting on the night she was killed, has been fixed for June 15.

McIntyre (52) of Kinnego Park, is charged with the murder of Lyra McKee, possessing a firearm with intent and belonging to a prescribed organisation.

He is further charged, along with 39-year-old Gillen, of Balbane Pass, with throwing and possessing petrol bombs, hijacking, arson and rioting on April 18, last year.

The mixed committal hearing is expected is to last five days and at least five witnesses will be required to give evidence.

At present, due to the Covid-19 pandemic, the number of people allowed to attend court in person is limited and hearings have been held remotely through live video links.

A prosecutor told the court that the hearing was ready to proceed and witnesses are prepared to attend in person to give evidence.

However, he added that the Public Prosecution Service would prefer it to be facilitated via live link.

Eoghan Devlin, defence counsel for McIntyre, said that they were also ready to proceed but ‘would like assurances that the court can physically deal with the committal’.

District Judge Ted Magill said there is legislation in place that requires the physical attendance of the defendants for a mixed committal hearing to take place.

He said that unless that legislation has been suspended or repealed, that is still the case.

The judge asked for both the prosecution and defence barristers, and court staff, to consider whether it could be facilitated via live link.

The case will be mentioned again on May 27.