The trial of the man accused of murdering Chloe Mitchell in Ballymena has been hit by a further delay.
Brandon John Rainey (29), formerly of James Street, Ballymena, was due to stand trial on Tuesday, April 28 accused of murdering Ms Mitchell and preventing the lawful burial of her remains.
During a review of the case today (Monday) at Belfast Crown Court, senior defence counsel Des Fahy KC updated Madam Justice McBride on progress in the case.
Rainey’s previous legal team walked away from the case last month stating that they had been “professionally compromised” and said the defendant had told them that he no longer wished them to represent him.
A new legal team headed up by Mr Fahy, instructed by Phoenix Law, came on record a few weeks later. Mr Fahy told the court: “Since the last review, I have completed a full review and reading of the papers and we have consulted with the defendant.
“Arising from that and from a consideration of the papers, it is clear to me there is an obvious mental health background in this case.
”I have therefore directed a number of medical reports to be obtained in relation to the defendant."
He said that he had asked that Rainey be examined by a psychologist and following receipt of the psychologist’s report he would then ask that the defendant be examined by a psychiatrist.
Mr Fahy asked Madam Justice McBride to make a production order for Rainey to be brought from Maghaberry Prison to Laganside Court Complex on Monday, April 21, where he would be examined by the psychologist.
“If there was a further review of the case on the week beginning April 27, I will be in a position to inform the court about the completion of the psychologist’s assessment and give a time frame for that report,” said Mr Fahy.
“I will also be in a position to give you concrete information in relation to the briefing of the psychiatric experts and a time frame for them to report.”
He outlined to Madam Justice McBride that the defence had approached two experts in the field of psychiatry, including those with a particular expertise in the defendant’s medical background.
Mr Fahy confirmed to the court that both psychiatry experts had been sent briefs on the case but because of the Easter holidays, the defence had not yet been told by them if they were willing to carry out the examination of Rainey.
Senior prosecution counsel David Russell KC said the Crown still had concerns around the certainty about what the accused will do at any engagement with the medical experts, adding that there had to be “some certainty” around the timescale of any forthcoming trial.
Madam Justice McBride said that the court had to consider the “triangulation of interests” in this case which are the interests of the family in having an early trial and also in the interests of the public and that these matters should be dealt with expeditiously.
”The court also has to take into account the defendant’s right to a fair trial. In terms of timescale I have always kept a tight rein on these matters so they are not allowed to slip.
”In light of what Mr Fahy has said I am prepared to accede to his application to allow the defendant to be examined by a psychologist and I am going to order his production on April 21 to allow that examination to take place in the precincts of this court.“
The senior judge said she would vacate the trial date of April 28 but will review the case on that date when she expected to be given an update by the defence on whether or not the psychologist’s assessment had been completed and to be given a time frame for the production of that report.“
She said she also wanted to know “in terms of where you are Mr Fahy in whether a psychiatrist has accepted instructions, and if so, what their time frame for reporting it will be and if the psychiatrist requires the psychologist’s report before interviewing the defendant.”
Madam Justice McBride said that as the case had been exempted from the ongoing industrial action by criminal barristers in Northern Ireland, the medical experts who accepted instructions from the defence “must give this case their priority”.
Chloe Mitchell’s remains were found days after she went missing. The 21-year-old was last seen alive on CCTV in Ballymena town centre in the early hours of June 3, 2023 and an extensive search operation was launched by the PSNI.
Detectives investigating her disappearance later launched a murder inquiry after human remains were discovered in the Co Antrim town. This led officers to attend a flat in the James Street area of the town which prompted Rainey’s arrest.
