Three Derry men appear in court charged in connection with responsibility claim in Caldwell case

Three men have appeared at Derry Magistrate's Court today charged in connection with the claim of responsibility for the shooting of Chief Inspector John Caldwell in Omagh on February 22 this year.

William Martin McDonnell (36) of Balbane Pass, Caolan Robert Brogan (23) of Bluebell Hill Gardens and Tiernan McFadden (25) of Carnhill all in Derry appeared charged with one count of possessing a document for use in terrorism namely a claim of responsibility for the shooting on February 26.

The charge relates to the claim of responsibility by the New IRA for the shooting of the PSNI Chief Inspector in Omagh which appeared on a piece of paper stuck on a wall in Creggan. 

A police officer connected the three to the charges and opposed bail. 

All three refused to stand when brought before the court and remained silent when asked to confirm their details. 

The police officer opposed bail on the grounds of the risk of re-offending and interference in the ongoing investigation. 

He told the court that a further suspect had yet to be apprehended in relation to this matter. 

The officer outlined previous convictions by the accused McDonnell and said he was subject to the Counter Terrorism legislation for a period of 10 years. 

The court heard that police believed there was a real risk of re-offending by all three defendants who the officer said we're linked to the activity of the New IRA in Derry.

Outlining the case against McDonnell the officer said that there were electronic communications between Brogan and McDonnell using a Facebook account in McDonnell's partner's name. 

The court heard that 'as a registered terrorist' McDonnell had to register his mobile number and the officer said the use of his partner's Facebook account was an attempt to conceal his activities. 

The officer said that Brogan and McFadden called to McDonnell's address and left with a bucket police believed contained wall paper paste which they believed was used to stick the claim of responsibility on the wall. 

They later returned with the bucket. 

Defence solicitor Paddy McGurk for McDonnell said that the case against his client was 'very weak indeed.' 

He said that McDonnell had been arrested and released previously over this same incident and 'nothing has changed' since. 

As regards Brogan the solicitor said there were 'insurmountable difficulties' in the case against his client. 

He said police had no definite time when the claim of responsibility was posted. 

Derwin Harvey defence solicitor for McFadden said the evidence against his client was 'very sophisticated' with officers on the ground and aerial observation. 

But he said all this evidence shows was that Brogan and McFadden were in each other's company on the night in question. 

The solicitor said his client provided an account of his movements and there was nothing 'untoward' about them. 

He said that the defendant was a member of the Irish Republican Prisoners Welfare Association and did not shy away from that. 

The solicitor said that there was no intervention by police when McFadden was at the wall where the claim was stuck. 

Mr Harvey said that 'there was no evidence' of his client's involvement in claiming this shooting and this case 'lacks all evidence'. 

District Judge Barney McElholm said that this was 'an extremely serious matter.' 

He said that one thing was clear was that the 'absolutely heinous attack on Mr Caldwell in front of his son' was assisted by an organised crime gang. 

The judge said that all three defendants were linked to a dissident republican organisation. 

Citing a clear risk of re-offending bail for all three was refused and they were remanded in custody to appear again on August 3.

As they were led away friends and relatives in the public gallery shouted encouragment.