One of the men accused of the attempted murder of former PSNI Detective Chief Inspector John Caldwell has been refused a bail variation to be able to enjoy a romantic Valentine’s Day weekend.
An application was made to allow Alan Lundy (45), previously of Flax Street in Belfast, but bailed to reside in Cookstown, to have his curfew and residence conditions varied for an overnight stay in a hotel in Newry.
Lundy is one of seven men charged with trying kill DCI Caldwell, who was gunned down while coaching a football team at the Omagh Youth Sport Centre on 22 February 2023.
A defence solicitor told Dungannon Magistrates Court on Friday that the variation was to allow Lundy to suspend his bail address to spend Valentine’s Day with his partner in the Canal Court Hotel, Newry.
However, prosecution counsel objected, stating: “A trip to a hotel for Valentine’s Day is not a reason to vary any bail condition, especially in a case as serious as this.
“The defendant is charged with the attempted murder of DCI Caldwell, directing terrorism and preparing for acts of terrorism.
“He was remanded in custody for a time then released on High Court bail in July 2024.”
She explained a variation was granted in September 2024 when Lundy was permitted to sign bail in Belfast rather than Cookstown due to a family funeral, but was to return home by his usual 10pm curfew, which he didn’t do.
Police located him at 5.20am the next day at his mother’s home in Belfast.
The prosecution said: “The reason proffered was he simply missed his bus but the obligation was on him to contact police which he did not do.
“Neither was there any attempt by his solicitors to contact police so he may not have contacted them either.”
She concluded: “We say he cannot be trusted to reside outside of his bail address given the previous breach”.
The defence responded: “It was slightly more complicated than that.
“My client attended the wrong bus station and by the time he got to the correct one, his bus had left.
“He also had no phone at that time.”
He added: “It’s difficult to see how an individual going to a hotel for one night can be seen as in any way posing a risk.
“The requested variation is minimal in the extreme. In the interest of the defendant’s private life, the balance falls in favour or variance for one night to allow him to spend time with his partner.”
District Judge Francis Rafferty enquired: “Does he not spend time with his partner every day of the week?”
The defence replied: “I don’t want to make any cynical submissions, but it’s for Valentine’s Day”.
But Judge Rafferty refused and the case overall is due for mention again next month.