A judge has demanded an explanation from senior police who refused an officer’s request for overtime in order to complete work on a kidnapping case.
District Judge Michael Ranaghan issued the instruction to the Public Prosecution Service who were providing an update in the case which has been ongoing for over a year.
Cahill Maguire (27) and Emmet McGuire (24) from Davis Crescent, Aaron McNulty (26) from Davis Road all in Newtownstewart along with Brendan Thomas Liam McShane (30) from Garag Hill, Castlederg are jointly charged with kidnapping a male on October 10 2022, unlawfully and maliciously causing him grievous bodily harm.
When the case first came before Dungannon Magistrates Court, a detective constable explained the victim was in bed when he was woken by people breaking into his home.
While he tried to block the bedroom door, he was overcome by the force of those breaking in who were armed with hurling sticks.
He was dragged from his home and forced into the rear of a van which was then driven around various locations during which he was struck numerous times.
In one instance he was taken from the van and viciously beaten with weapons, kicked and punched, then shown a saw and told his head “would be cut off”.
The victim’s back and chest were allegedly cut with the saw and cigarettes stubbed out on his skin.
The abductors then abandoned him badly injured until found by a passer-by who called an ambulance.
Police initially spotted the van in Strabane, where it refused to stop.
A helicopter was deployed which picked up the van in the Hillsborough area being driven by Emmet Maguire who again initially refused to stop, but then did before he fled on foot but was quickly detained having been found hiding in a hedge.
While bail was initially refused, all but Cahill Maguire would later be released.
During the most recent court sitting a prosecuting lawyer accepted the case “has been going on for quite a while and a number of reports remain outstanding including forensic and phone material.
There is no update in respect of a timeline and the investigating officer has been told the delay is due to recent high-profile cases taking priority for forensics examination but they are expected soon.
It was also noted the office responsible for the phone reports, “has a backlog of work and he requested overtime to complete this but it was not granted. There is no timeline in respect of that either”.
Judge Ranaghan noted forensic examination is outside the control of PSNI.
However, he continued: “The other aspect is a police issue. An explanation is required from those who refused the officer overtime to assist the court. That’s the way forward.”
The case was adjourned until January 31.