Co Tyrone car dealer accused over ‘clean-up vehicle’ used in attempted killing of PSNI detective John Caldwell
A Co Tyrone car trader allegedly obtained one of the “clean up vehicles” used as part of a coordinated bid to kill a top PSNI detective, the High Court heard today.
PSNI Detective John Caldwell
Prosecutors claimed 29-year-old Jonathan McGinty registered the Mercedes saloon in a false name and collected another suspect on the day Detective Chief Inspector John Caldwell was shot in Omagh. McGinty, of St Julians Downs in the town, is among seven men charged with the attempted murder on February 22 last year. As he mounted a fresh application for bail, a Crown lawyer said: “This was a sophisticated and well-organised crime.
“It was a well-planned, coordinated effort to murder a senior police officer, and it’s only by sheer good fortune the attack was unsuccessful.” DCI Caldwell was shot repeatedly in front of his son just after he finished coaching a youth football team at sports facilities. Two men dressed in dark waterproof clothing approached the victim at the rear of his car and opened fire, striking him several times.
The gunmen made their getaway in a Ford Fiesta discovered on fire later that night. DCI Caldwell was seriously wounded and spent nearly two months recovering in hospital. Although the New IRA claimed responsibility for the shooting, police believe other criminal factions joined forces with the dissident republican grouping to target someone regarded as their joint enemy.
The court heard that two other cars – a second Fiesta and a Mercedes – were allegedly part of the same operation. “In the crudest terms they were the clean-up vehicles,” prosecution counsel submitted. She claimed McGinty, who faces a further charge of preparation of terrorist acts, registered the Mercedes C Class to his home address using a false name and brought it into Omagh on February 1.
In early March the car was swapped for a van, professionally cleaned and then sold on, the court heard. Forensic examinations carried out on the vehicle after the valeting found one indicative particle of potential cartridge discharge residue. In a circumstantial case based on CCTV footage, counsel claimed that on the day of the shooting McGinty drove the Mercedes to collect 45-year-old co-accused Gavn Coyle at his home in Killybrack Mews, Omagh.
Less than 15 minutes after the attack the same vehicle allegedly arrived at the address of another defendant, James Ivor McLean, 72, at Deverney Park in the town. An unidentified witness told police two masked men wearing waterproof suits got out and ran towards a back garden. A short time later the Mercedes left again, followed immediately by a white transit van.
Checks have established a total of six C Class saloons were present in the Omagh area on February 22. But Mr Justice O’Hara heard that the other five either lacked the same distinctive features or had been eliminated from inquiries for other reasons. McGinty’s phone was also said to have been inactive between 3.42pm and 9.03pm on the day of the shooting.
Despite initially telling police he did not have a mobile, a device was located inside a backpack in his kitchen. A subsequent search uncovered a second phone hidden under his mattress. McGinty has refused to provide the PIN codes for either phone.
Opposing bail, the prosecutor confirmed that the guns used in the attack on DCI Caldwell have not been recovered. “One of the weapons in this case was used previously in relation to shootings on properties,” she added. Karl McGuckin, defending, argued the evidence against McGinty is now so weak that there is not a prime facie case on the charges against him.
He claimed the prosecution was based on an alleged association who could potentially be culpable. The barrister insisted it was almost impossible to identify the type of vehicle in some of the relevant CCTV clips. “The prosecution is seeking to use other actors and the fact that (McGinty) knows them as a means of discolouring this and making it look more suspicious than it is,” Mr McGuckin submitted.
“We are being asked to build a house in the sand.” Asked about claims his client registered the Mercedes in a fake name, he responded: “Mr understanding is that he’s involved in flipping cars and in doing that saves on tax. “It isn’t the crime of the century.”
Adjourning the bail application, Mr Justice O’Hara said he wanted to study the footage and expert reports before giving a decision.