David Black murder: Damien McLaughlin trial 'premature', says judge

Damien McLaughlin has not been seen by police since Novemebr

An application to hold the trial of a man charged in connection with a prison officer's murder, in the absence of the accused, has been adjourned.

Damien McLaughlin was arrested and charged following the shooting dead of David Black in November 2012.

Mr McLaughlin was granted bail in May 2014 and has not been seen by police since November last year.

The 40-year-old, from Kilmascally Road near Ardboe, is charged with aiding and abetting murder.

He is also accused of possessing items to be used in terrorism and belonging to an illegal organisation.

David Black was shot dead in November 2012

The prosecution submitted that it appeared the accused has absconded in advance of his trial which was due to begin on 20 February.

But when questioned by the judge, the counsel for the crown conceded that given ongoing investigations about Mr McLaughlin's whereabouts it may be premature to proceed with a trial in his absence.

'Distress to the family'

The prosecution said they could not think of a previous case of this nature in which the trial had proceeded in the absence of the accused.

The defence applied for the trial to be adjourned indefinitely or at least for a reasonable period of time.

The defence barrister also told the court that Mr McLaughlin's present legal team would not represent him if the trial was to proceed in his absence.

A judge said he was mindful of the fact that the delays in this case were causing distress to Mr Black's family - but he said given ongoing investigations and the fact that a European arrest warrant has been issued it would be premature to proceed with a trial in absence.

The case will be reviewed again at the end of April unless Mr McLaughlin is apprehended or hands himself in before then.

At that stage the court will decide whether or not the trial in absence can proceed.