Murder trial is delayed again
A scheduled committal in a Co Tyrone murder case, which a judge insisted was brought forward due to concerns over delays, has not proceeded.
It follows objections from defence lawyers yesterday, who only received requested evidence just ahead of the hearing.
Niall Cox (24) and his partner Karen Marie McDonald (34), both from McCrea Park, Clogher, are jointly charged with murdering Pat Ward a year ago, on February 9, 2019, and have been remanded in custody ever since.
Cox is originally from Sligo, and prior to moving to Tyrone he resided in Kesh, Co Fermanagh. Both were transported from custody to Dungannon Magistrates Court in preparation for the hearing, but neither was brought to the dock.
A defence lawyer said: “The case is listed for committal but regrettably that cannot proceed.
“Certain evidence including CCTV footage has only just been served by the prosecution and time will be required to study this in depth.”
It appeared this position had not been shared with Mr Ward’s family, of whom over 50 were in attendance, with some travelling from England for the hearing.
They were led by Mr Ward’s widow and mother, who have stoically attended every court hearing since Cox and McDonald were first charged.
A significant police presence was visible inside and outside the court, but no issues occurred.
It is not the first time the case has been affected by delay.
A committal date was to be fixed in December but it was later accepted this was “overly optimistic” and it emerged as issue had arisen over the post-mortem report.
A further date was suggested last month, but that, too, was not met, at which District Judge Michael Ranaghan pointed out the case was approaching the one-year stage.
A prosecuting lawyer then suggested a date in March, which Judge Ranaghan deemed too far ahead and, after discussions, it was agreed the committal would be heard last week.
But as evidence still had not been served until the morning of the hearing, Judge Ranaghan decided it would be wrong for the committal to proceed, and adjourned matters until next month.
The victim’s family filed quietly out of court. Mr Ward’s body was found in a Clogher alleyway, having died in what has been described by police as a brutal, frenzied attack.
The married father of four children, all aged under 11, was a member of the Traveller community and an amateur boxer.
Originally from Sligo, it is understood he had only recently moved to the Clogher area before