The mixed committal hearing to decide if the eight men charged in connection with the rioting and shooting of the journalist Lyra McKee should be sent for trial heard from its first witnesses at Derry Magistrate’s Court on Monday.
Lyra McKee, a journalist, was shot dead on April 18th, 2019. The New IRA claimed responsibility for the shooting.
Peter Gearoid Cavanagh (33) of Elmwood Terrace and Jordan Devine (21) of Synge Court, both in Derry, are charged with the murder of Ms McKee on April 18th 2019 and also charged in connection with the rioting on the same date.
Patrick Gallagher (29) of Pinetrees; Joe Campbell (21) of Goshaden Cottages; Kieran McCool (53) of Ballymagowan Gardens; Jude McCrory (24) of Magowan Park; Joseph Barr (33) of Cecilia’s Walk; and William Patrick Elliott (56) of Ballymagowan Gardens, all in Derry, are all charged with rioting and throwing petrol bombs on the same date.
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The first witness was a PSNI sergeant who identified Cavanagh at a “controlled viewing” of footage from the day. He said he could identify Cavanagh in the footage he was shown by “his gait and stance”.
He said the defendant’s face was covered apart from his eyes.
Under cross-examination by Stephen Mooney, counsel for Cavanagh, the officer accepted that he was not an expert on either gait or stance.
The officer was asked had he accessed the PSNI’s system for material on Cavanagh before carrying out the controlled viewing and he agreed he had.
Mr Mooney asked had he retrieved “multiple images” of Cavanagh 24 hours before the controlled viewing and again he agreed he had.
The officer told the court he could not recall why he was looking at images of Cavanagh before the controlled viewing.
The court heard that while viewing the footage the officer said “that’s Pete Cavanagh” and another officer nodded when he said this.
Another police officer gave evidence of identifying Cavanagh from footage on July 27th 2019.
He said he was able to identify the defendant by “his build, size and gait”.
Under cross-examination by Stephen Mooney for Cavanagh he agreed his identification was based “exclusively” on these three factors as no facial recognition was possible.
The officer was asked what it was about Cavanagh’s build that enabled him to identify the accused. He said he recognised “his build from having previous dealing with him”.
Mr Mooney asked was there anything “unique or odd” about Cavanagh’s build or gait and the officer said there wasn’t but he added the defendant carried himself “in quite a rigid fashion”.
The officer was asked about the hour before his controlled viewing when he was on the PSNI system accessing images of Cavanagh. He claimed this was due to “an operational requirement”.
Mr Mooney asked him if the “operational requirement” had anything to do with this investigation and was told it had not.
The witness was then asked whether it was “just a coincidence” that he was accessing Cavanagh’s profile an hour before a controlled viewing and the officer said it was just a coincidence.
The hearing continues.