Derry Court: Lyra McKee accused gets bail

A defence barrister has described the evidence against a man charged in connection with the rioting on the night journalist Lyra McKee was shot dead as 'an affront to justice'.

Kieran McCool (53) of Ballymagowan Gardens in Derry appeared at the local Magistrate's Court today charged with rioting, throwing petrol bombs and assault on April 18 2019 the night the journalist was killed.

A police officer connected the accused to the charges and this was challenged by Joe Brolly counsel for McCool.

Mr Brolly said: "We don't accept there is any evidence in this case."

A prosecutor said that an MTV film crew was in Creggan at the time filming several members of Saoradh.

He said while in the Ballymagowan area word reached some people that police landrovers had entered the area.

He said that McCool could be seen on his phone standing outside the house along with several other men.

Later at the scene of the rioting the court was told McCool could be seen in an altercation with a community representative who was trying to stop the rioting.

The court heard that 14 police officers identified McCool from the footage.

Later when the shots were fired McCool was seen walking away in the same direction as the gunman.

Deputy District Judge Liam McStay said that he accepted there was a connection and asked about bail.

The prosecution said bail was opposed even though all the others charged in connection with the same incident had been granted bail.

The court heard that McCool was different in that he was already facing two other sets of charges including an incident where explosives were found beside the car of a police officer in Dungiven in April this year.

Bail was opposed due to the fear that McCool would re-offend.

Mr Brolly said that at earlier bail applications for this defendant the judges had expressed 'incredulity' at the state of the alleged evidence against him.

He said that McCool was arrested and charged twice 'on the same factual matrix'.

He said in this case the evidence being used against McCool had been in the possession of the police for two and a half years.

The barrister said that the police were trying to say McCool may have been discussing with others whether it was a good idea to create disorder but there was no evidence of this.

He said there were hundreds watching the rioting and McCool could be seen 'briefly' on the footage then walking away in the direction of his home.

Judge McStay said that it was not his job to assess the quality of the evidence but the court would not withhold bail considering all the others had been granted it.

McCool was granted bail on condition he wear a tag, observes a curfew, reports to police five times a week, does not have a passport and has no contact with his co-accused.

He will appear again on October 28.