An alleged IRA member has appeared in court charged with the murder of an Ulster Defence Regiment (UDR) soldier more than 40 years ago.
James Donegan (67) confirmed his identity and that he understood the three charges against him when he came before Newry Magistrates Court on Wednesday.
Mr Donegan, from Bruce Manor, Arva, Co Cavan, was extradited from the Republic to face the charges accusing him of the murder of Joseph James Porter on a date unknown between June 22nd and 25th, 1979.
He is further accused of having a firearm and ammunition, with intent to endanger life and with membership of a proscribed organisation, namely the Irish Republican Army, on the same dates.
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The body of Mr Porter, a farmer and part-time UDR soldier, was found close to the entrance of his farm at Creggan Road, Mountnorris, Co Armagh, on June 24th, 1979.
A postmortem concluded he had died of gunshot wounds to the head and torso.
Mr Porter had been in a local bar earlier that evening and was last seen alive driving home at about 11.25pm but the lawyer described how neighbours and witnesses heard two loud bangs, “which they recognised as gunshots”, about an hour later.
His body was discovered at 9.30am and when police arrived at the scene, they saw his house had been ransacked.
Mr Porter’s personal protection pistol was stolen and a few days later the Provisional IRA claimed responsibility for the murder.
Police established that the murder weapon, a Ruger rifle, had been used in subsequent attacks on the security forces while a crime scene investigation found a fingerprint inside Mr Porter’s ransacked home.
That print, said the lawyer, was found to match one taken from Mr Donegan when he was arrested for alleged terrorist activities in 1977. Although there were no convictions or charges at that time, an investigative review established the alleged link to the murder scene, the court heard.
It was after the legacy investigation team matched the fingerprint that extradition proceedings were initiated in June last year and it was only when the Supreme Court dismissed his appeal that Mr Donegan surrendered himself to the Garda who then handed him to the PSNI.
During a contested application for bail, defence counsel told the judge that Mr Donegan had £10,000 surety available to lodge with the court and that a friend was willing to put up the deeds to his house and stressed that at all times, the accused has complied with bail.
District judge Eamon King said despite the defence submissions, “I am of the view that the defendant would be a flight risk and for that reason, bail is refused.”
Remanding Mr Donegan into custody, the judge adjourned the case to April 29th for a committal hearing which if it goes ahead will see the case elevated to the Crown Court.
