Murder accused ‘cheered’ as shots were fired
Two charged with killing journalist Lyra
A MAN accused of the murder of Lyra Mckee “punched the air” and cheered as shots were fired during the riot where she was killed, a court heard yesterday.
Derry Magistrates Court was also told a jacket zip found in the debris of a fire is a key piece of evidence in the case against another man accused of the journalist’s murder.
The evidential claims emerged as three men appeared facing a number of charges linked to the journalist’s death in April 2019.
Lyra, who was 29, was shot dead by dissident republicans in Derry as she observed rioting in the Creggan area of the city.
Derry pair Gearoid Kavanagh, 33, of Elmwood Terrace, and Jordan Devine, 21, from Synge Court, are both charged with murder as well as a number of other offences.
Joe Campbell, 21, from Goshaden Cottages in the city, is accused of riot and possession of items, namely petrol, for an unlawful use.
The first of the accused to appear was Campbell who had been observed a number of times at the Derry Saoradh offices on the day Ms Mckee was killed. The court also heard “clothing comparison” analysis was part of the evidence against him.
The court was told seven PSNI officers identified him, including one who identified him “partially masked during disorder that night”, and he was “observed having a petrol bomb in his hand” at the scene of the riot where Ms Mckee was shot.
A detective sergeant objected to bail and outlined a number of reasons, including the accused man’s “membership of Saoradh” which the officer described as having “close associations” with the IRA and his involvement in parades and protests involving dissident republicans.
TENUOUS
A defence solicitor described the case against Campbell as “extremely tenuous”, adding there are no “unique features” in any of the descriptive evidence being used.
He added there is no reason to believe his client is a flight risk given he has been questioned previously and has not left the jurisdiction.
The lawyer added there is no DNA or fingerprint evidence against Campbell.
Judge Barney Mcelholm agreed it was “unlikely” the accused would flee and granted bail with a 9pm to 7am curfew and electronic monitoring.
Next to appear was Kavanagh who, as well as the murder charge, is further accused of possession of a firearm with intent and the destruction of a hijacked truck.
Asked if he understood the charges he was heard to reply “absolutely ridiculous”.
The court heard the prosecution case was again that he was seen at the Saoradh offices in Derry at various times of the day in the run-up to the riot at which Lyra was killed.
The hearing was told Kavanagh was identified as a “masked rioter” at the incident and he played a “stewarding role”, “escorting” the gunman who fired the shots at police lines.
The prosecution added that subsequent to the disorder police had examined the remnants of a fire in which they found a zip from a jacket.
That zip, the prosecution added, had yielded a DNA profile matching Kavanagh.
A defence lawyer described the identity evidence against Kavanagh as “beyond belief ” and it would be “impossible to identify” his client from it.
He also questioned expert analysis of items of clothing his client was said to have been wearing on the night in question, saying there was “no degree” of specifics regarding his jacket or trousers.
The judge pressed the lawyer as to why the zip had been found in the remnants of the fire, however the lawyer said his client had exercised his right to silence.
The judge granted bail with a 9pm to 7am curfew and tagging. Last in the dock was Devine, who in addition to the murder charge is also accused of possession of a firearm with intent and other offences. The court heard again his presence at the Saoradh offices in Derry prior to the shooting was part of the evidence.
It was claimed he was seen throwing 12 petrol bombs during disorder on the night Lyra was killed.
Prosecutors say the accused man, or one matching his description, was seen “punching the air” and “cheering” before throwing missiles in the immediate aftermath of the shooting.
The court was also told he was seen allegedly “tidying up” after the gunman “possibly spent shells”.
A baseball cap found in a follow-up search contained a DNA profile that allegedly matches Devine. Barrister
Joe Brolly said there is “zero sustainable evidence” in the case against the applicant, adding the person seen punching the air had a pair of Nike Air Max trainers and a Nike snood.
He added these items are “mass produced” so the fact his client was seen wearing similar items of clothing previously carries little weight.
Mr Brolly added Devine was seen at the Saoradh offices earlier in the day wearing different clothes, adding “this is not a case at all”.
He was also granted bail with a 9pm to 7am curfew and electronic monitoring. All three accused were bailed to appear again on October 7.
There is zero sustainable evidence. This is not a case at all DEFENCE LAWYER JOE BROLLY YESTERDAY