Heagney murder trial jury dismissed for second time

Damien Heagney was last seen alive at the end of December 2021

A jury presiding in a trial concerning the murder of Cookstown man Damien Heagney has been discharged.

After two weeks of evidence, a legal issue arose which prompted the judge to discharge the 12 members of the jury.

This is the second time the trial has been halted at Belfast Crown Court.

Mr Heagney, 47, was last seen alive at the end of December 2021.

He was reported missing in July 2022 and the following month his partially dismembered remains were recovered from the Cappagh reservoir in County Tyrone.

Stephen McCourt, 41, from Riverview in Augher has been charged with, and has denied, murdering Mr Heagney on a date unknown between December 29, 2021 and January 7, 2022.

During the two weeks witnesses were called to give evidence.

This included a diver who recovered two packages containing body parts from the reservoir on August 10, 2022 and a pathologist who carried out a post mortem on the remains.

The Crown had not concluded its case when the legal issue arose.

'Simply cannot proceed'

As a result, the seven men and five women of the jury were addressed by the judge who told them: "I have been trying very hard to resolve a legal and practical difficulty that has arisen in the case.

"Unfortunately that has not as yet been resolved and will not be resolved within a reasonable timeframe - and accordingly I am going to have to discharge you from sitting further on this jury trial."

Offering his apologies, he continued and said: "The matters that are outstanding are important and vital to the fairness of the trial and I simply cannot proceed with the trial at this stage."

The senior judge thanked the 12 members for the "attention" and "diligence" they paid to what he described as a "difficult case to listen to" and said they would not have to sit on another jury for the next 10 years.

Before they left court, the judge concluded by saying "have a good Christmas."

This is the second time a jury presiding in the case has been discharged.

Last month, three days of evidence was heard at Belfast Crown Court before an unrelated legal issue arose which resulted in similar action being taken by the same judge.