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Judge rules man should not stand trial for Ballycastle murder of Anthony McErlain

Anthony McErlain
Anthony McErlain Anthony McErlain

A SENIOR judge has ruled that a Co Antrim man should not stand trial for the murder of a labourer in a seaside town almost two years ago.

John Keenan (51), of Broombeg View in Ballycastle, had been charged with the murder of Anthony McErlain on January 28, 2016.

Police said at the time that the 48-year-old, who was found in a flat in Broombeg View, had suffered a "traumatic and frightening death''.

Defence lawyers for Keenan made a 'No Bill' application at Belfast Crown Court saying he had no case to answer.

His lawyers argued that he was asleep during the time when Mr McErlaine was assaulted and played no part in the attack on him.

However, the prosecution said that circumstantial evidence in the case, along with "lies'' Keenan told to police at interview, were sufficient grounds to put him on trial.

During a ruling on the application yesterday, Mr Justice Colton said he had decided that there was "insufficient evidence to put the defendant on trial''.

As a result, the judge said Keenan should now be released from custody at Maghaberry prison where he has been on remand following his arrest in England in May 2016.

At yesterday's hearing, defence counsel John McCrudden QC for co-accused Christopher Keenan (35), also of Broombeg View, told the court that a consultant psychiatrist was still waiting on the defendant's "full medical notes and records'' which are held by the Northern Ireland Prison Service.

Prosecution counsel Jackie Orr QC asked the court to fix a date for Christopher Keenan's arraignment hearing on the charge of murdering Mr McErlaine while the psychiatrist's report was being finalised, adding that the deceased's family had been attending all the court hearings.

However, Mr McCrudden said he would prefer that the arraignment was postponed until the New Year to allow him to have a "full overview of the case'' before advising his client.

Mr Justice Colton said he would fix the arraignment hearing for January 12, 2018.

Anthony McErlain, a father-of-two, was a labourer who had spent many years living over the border in the Republic.

He had also worked on the building of the Channel Tunnel and had worked for a construction company in Dunloy, Co Antrim.