Four men allegedly linked to the plot to put one of Northern Ireland’s most senior detectives “into his grave” are to be granted bail, a High Court judge has ruled.
Jonathan McGinty, James McLean, Alan McFarland and James McSorley are all charged with offences connected to the gun attack on Detective Chief Inspector John Caldwell in Omagh, Co Tyrone in February last year.
Mr Justice O’Hara held they can be released from custody after predicting the criminal proceedings against them will not finish before the spring of 2026.
He said: “It is inconsistent with the presumption of innocence which all defendants enjoy for them to be detained for excessive periods before trial.”
DCI Caldwell was shot and seriously wounded in front of his son just after he finished coaching a youth football team at sports facilities in February last year.
Two men wearing dark waterproof clothing approached the off-duty policeman and opened fire, striking him several times.
The gunmen made their getaway in a Ford Fiesta, fitted with false number plates and discovered burnt out later that night, before switching to another car.
Although the New IRA claimed responsibility for the attempted assassination, other criminal factions allegedly joined forces with the dissident republican grouping to target someone regarded as their joint enemy.
Detectives believe the Fiesta travelled in a convoy with a black Mercedes car earlier on the day of the shooting.
McGinty (29) from St Julians Downs in Omagh; McLean (73) and 48-year-old McFarland - both with addresses at Deverney Park in the town - are among eight men charged with the attempted murder of DCI Caldwell.
Less than 15 minutes after the attack two men in waterproof suits were observed arriving at McLean’s home in a similar coloured Mercedes saloon, according to the prosecution.
The car was said to have left the address a short time later, followed immediately by a white transit van.
A witness has identified McLean as the alleged driver of the van.
Prosecutors claimed McFarland was involved in the acquisition of one of the cars used in the attempted murder by attending an auction house where another suspect made the purchase.
The case against McGinty relates to allegations that he obtained a “clean up vehicle” and registered it in a false name.
McSorley (59) of Chichester Mews in Belfast, faces a charge of preparation of terrorist acts in connection with a second Ford Fiesta said to have played an unattributed role in the assassination plot.
He allegedly transported that car from the city to Co Tyrone earlier on the day of the shooting.
All four defendants deny any involvement in the events surrounding the attack on DCI Caldwell.
They mounted renewed applications for bail based on anticipated delays in the case.
With up to 20,000 pages of evidential material amassed, Mr Justice O’Hara described the police investigation as “enormous”.
“This particular crime was a fundamental challenge to society, with extensive planning and the involvement of a network of individuals who combined to try to put a man into his grave,” he stated.
The judge pointed out that a preliminary enquiry to establish if the accused have a case to answer will not take place until next year.
“Assuming that at least some defendants are returned for trial, a trial is unlikely to finish before spring 2026,” he predicted.
“The upshot of that is the defendants who are still in custody face up to three years in jail before a trial concludes, perhaps longer.”
Granting bail to the four applicants, he said the risk of interference with the 16-month-old police investigation had faded.
The accused were ordered to abide by strict conditions, including curfews, electronic monitoring and prohibitions on any contact with either DCI Caldwell or other suspects.
They must also put up cash sureties, surrender passports and provide police with full access to their mobile phones.