A Belfast court has rejected an application to halt the trial of three men charged with the murder of journalist Lyra McKee, who was shot dead during rioting in Londonderry in April 2019. Her Honour Judge Patricia Smyth ruled that the trial should proceed, despite acknowledging "deeply disturbing behaviour by an experienced police officer" in the handling of evidence.
Judge's Ruling on Evidence and Fair Trial Concerns
Judge Smyth stated that she did "not consider that there are no circumstances in which I could properly convict any of the defendants charged with murder." She emphasized that it is up to the prosecution to prove the gunman acted with intent to kill or cause grievous bodily harm, and whether the defendants shared that intention.
The judge addressed several key issues in her decision, including the admissibility of evidence from an MTV documentary filmed at the time of the incident. The defence had objected to this footage, but Judge Smyth ruled it was "clearly relevant" and "prima facie authentic and admissible," noting there was no evidence to suggest it was unreliable.
Police Misconduct and Identification Evidence
A significant concern raised was the conduct of a police officer from the PSNI Major Investigation Team, who showed footage of masked rioters to a group of officers—referred to as "the Waterside viewing"—before formal identification procedures. Judge Smyth described this as "deeply disturbing behaviour by an experienced police officer who displayed an unhealthy desire to identify the perpetrators at any cost."
She ruled that this evidence should be excluded due to its potential to be "so unfairly prejudicial to the defendants." However, she concluded that the defendants could still receive a fair trial overall, balancing public interest in prosecuting grave crimes against the need to avoid conveying that "the end justifies the means."
Background of the Case and Defendants
Lyra McKee, a 29-year-old journalist, was fatally struck by a bullet while observing rioting in the Creggan area of Londonderry on April 18, 2019. The New IRA claimed responsibility for her death. Three men from Derry—Peter Cavanagh, 37; Jordan Gareth Devine, 25; and Paul McIntyre, 58—are on trial at Belfast Crown Court charged with her murder, along with other charges related to the shooting and rioting.
Six additional Derry men are also on trial for offences including rioting and throwing petrol bombs. Another man accused of similar charges died during trial proceedings last year. The judge noted weaknesses in identification evidence for these remaining charges but stated it should be weighed at the trial's conclusion.
Public Interest and Procedural Integrity
Judge Smyth highlighted that there was no evidence the senior investigating officer was aware of the improper police viewing prior to it being raised by Crown counsel, and no fault was attributed to the Public Prosecution Service. She stressed the importance of proceeding with the trial to serve the public interest, ensuring those accused of serious crimes face justice while upholding legal standards.
The ruling underscores the complexities of high-profile murder trials in Northern Ireland, where issues of evidence integrity and police conduct must be carefully balanced against the pursuit of justice for victims like Lyra McKee.
