John Caldwell shooting: Men accused over New IRA claim note granted bail

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John CaldwellImage source, Pacemaker
Image caption,

Det Ch Insp John Caldwell was seriously injured in a shooting in February

Two men who were charged over a claim of responsibility for the attempted murder of senior PSNI officer John Caldwell have been granted bail.

The detective chief inspector was shot multiple times in front of his young son in County Tyrone in February.

Tiarnan McFadden, 25, and 23-year-old Caolan Brogan are accused of posting a notice declaring the New IRA shot Mr Caldwell.

It was posted on a wall in Creggan in Derry four days after the attack.

The typed letter stated that a New IRA active service unit had targeted the off-duty policeman "within our chosen kill zone".

It also warned that the paramilitary group would be waiting in future for members of the security forces.

Mr McFadden, of Carnhill in Londonderry, and Mr Brogan Bluebellhill Gardens in the city, are jointly charged with possessing that article for use in terrorism.

A third man, William McDonnell, 37, of Balbane Pass in Derry, remains in custody accused of the same offence.

DCI Caldwell was seriously wounded in the gun attack at a sports complex in Omagh on 22 February.

He had been coaching a youth football session and was putting footballs into the boot of his car when gunmen approached and opened fire.

Seven men are currently charged with his attempted murder.

Image source, Pacemaker
Image caption,

The scene at the Youth Sport Omagh complex after DCI Caldwell was shot on 22 February

At the High Court in Belfast on Friday, a judge described allegations that Mr McFadden made football-related jokes about the shooting on social media as "sickening". 

Based on CCTV and air support footage, prosecutors contend the typed notice was attached 20 minutes before it appeared on a Twitter account in the name of Republic Media.

Mr McFadden and Mr Brogan allegedly collected a bucket from Mr McDonnell's home and then travelled to the gable wall to paste the letter. 

A Crown lawyer claimed the two suspects remained at the scene for less than a minute.

Three flashes seen on the footage during that period were photos being taken for social media purposes, she suggested.

With the defendants denying any involvement in the incident, Mr McFadden told police he was only at the wall to clean graffiti from a mural.

The court heard that less than two hours after DCI Caldwell was shot, and before details became public, Mr McFadden allegedly made fun of the attack online. 

He uploaded an image of a ball hitting the back of a net onto Facebook with the caption, "Anyone fancy a kickabout", according to the prosecution.

It was claimed he also shared a video of police vans travelling to the scene of the shooting, along with the comment "What's the rush?" and a laughing emoji.

When someone else online suggested they were late for their dinner, Mr McFadden was said to have replied: "Must have missed a football match or something."

A further comment referred to looking for a sieve.

Banned from using mobile phones

Ruling on the bail applications, Mr Justice O'Hara said the allegations against them indicate support for violent republicanism and the New IRA's attempts to murder, maim and terrorise.

"In McFadden's case it's even worse," the judge stated.

"He somehow thinks it's clever or funny to send messages about the attack on DCI Caldwell at the sports complex which are football related.

"Any normal person would be ashamed of that but I have no doubt that Mr McFadden is anything but ashamed, no matter how sickening other people would regard this act."

However, he decided that both defendants should be released from custody because the charge against them is confined to posting the claim of responsibility.

"By definition that is much less serious than having actively participated in the gun attack," Mr Justice O'Hara pointed out.

Imposing a curfew and electronic monitoring as part of strict bail conditions, he also banned Mr McFadden and Mr Brogan from having a mobile phone or accessing the internet.

The judge further ordered: "They are not to enter the Creggan estate."

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