Trial Proceeds for Men Accused in Lyra McKee Murder Despite Evidence Concerns
Belfast, Northern Ireland – A court in Belfast has rejected an application to halt the trial of three men accused of the murder of journalist Lyra McKee, despite concerns raised about the handling of evidence, including what a judge described as “deeply disturbing behaviour” by a police officer. The ruling allows the trial to continue, with the prosecution now tasked with proving intent to kill or cause grievous bodily harm.
The Case and the Victim
Lyra McKee, 29, was fatally shot while observing rioting in the Creggan area of Derry on April 18, 2019. The New IRA claimed responsibility for her death. Three men are currently on trial for her murder: Peter Cavanagh, 37; Jordan Gareth Devine, 25; and Paul McIntyre, 58.
Judge’s Ruling and Evidence Concerns
Her Honour Judge Patricia Smyth acknowledged issues with the evidence presented, but stated she did “not consider that there are no circumstances in which I could properly convict any of the defendants charged with murder.” The judge emphasized the prosecution’s responsibility to demonstrate the gunman’s intent and whether that intent was shared by the defendants.
A significant concern raised during the proceedings involved the conduct of an experienced police officer who displayed what Judge Smyth called “an unhealthy desire to identify the perpetrators at any cost.” This involved showing footage of masked rioters to a group of officers before the formal identification process. While the judge did not find evidence of bad faith, she ruled the evidence from this “Waterside viewing” inadmissible due to its potential for unfair prejudice.
Additional Defendants and Charges
In addition to the three men charged with murder, six other individuals from Derry are on trial facing charges related to rioting and throwing petrol bombs. These individuals are: Joseph Patrick Barr, 37; Jude Forest Coffey, 28; Joseph Anthony Campbell, 25; Patrick Anthony Gallagher, 33; Christopher Joseph Gillen, 45; and Kieran George McCool, 57. Another man initially accused of similar offenses died during the trial proceedings last year.
Use of Documentary Footage
The defense had objected to the use of footage from an MTV documentary filmed in the area prior to the shooting, questioning its authenticity and how it was obtained. However, Judge Smyth ruled the footage admissible, stating it was “clearly relevant” and appeared “prima facie authentic.”
Public Interest and Fair Trial
Judge Smyth ultimately decided the trial should proceed, balancing the “critical public interest that those charged with grave crimes should be tried” against the need to ensure a fair trial for the defendants. She expressed confidence that, despite the evidence concerns, a fair trial remained possible.