Two men charged over a claim of responsibility for the attempted murder of a top PSNI detective are to be released from custody, a High Court judge ruled on Friday.
Tiarnan McFadden (25) and Caolan Brogan (23) are accused of posting a notice declaring that the New IRA shot Detective Chief Inspector John Caldwell after he finished a youth soccer coaching session in Omagh, Co Tyrone.
Mr Justice O’Hara granted bail to both defendants despite describing allegations that McFadden made football-related jokes about the gun attack on social media as “sickening”.
DCI Caldwell was shot repeatedly and seriously wounded in front of his young son at a sports complex on February 22. Seven men are currently charged with the attempted murder.
Four days later a claim of responsibility for the assassination bid appeared on a gable wall at Central Drive in the Creggan area of Derry.
The typed letter stated a New IRA active service unit targeted the off-duty policeman “within our chosen kill zone” and warned that the terrorist grouping will be waiting in future for members of the security forces.
McFadden, of Carnhill in Derry, and Brogan, from Bluebellhill Gardens in the city, are jointly charged with possessing that article for use in terrorism.
A third man, William McDonnell (37) of Balbane Pass in Derry, remains in custody accused of the same offence.
Based on CCTV and air support footage, prosecutors contend the notice was attached 20 minutes before it appeared on the Twitter account ‘Republic Media’.
McFadden and Brogan allegedly collected a bucket from McDonnell’s home and then travelled to the gable wall to paste the letter.
A Crown lawyer claimed the two suspects remained at the scene for less than a minute.
Three flashes seen on the footage during that period were photos being taken for social media purposes, she suggested.
With the defendants denying any involvement in the incident, McFadden told police he was only at the wall to clean graffiti from a mural.
The court heard that less than two hours after DCI Caldwell was shot, and before details became public, McFadden allegedly made fun of the attack online.
He uploaded an image of a ball hitting the back of a net onto Facebook with the caption “Anyone fancy a kickabout”, according to the prosecution.
It was claimed he also shared a video of police vans travelling to the scene of the shooting, along with the comment “What’s the rush?” and a laughing emoji.
When someone else online suggested they were late for their dinner McFadden was said to have replied: “Must have missed a football match or something.”
A further comment referred to looking for a sieve.
Ruling on the bail applications, Mr Justice O’Hara said the allegations against them indicate support for violent republicanism and the New IRA’s attempts to murder, maim and terrorise.
“In McFadden’s case it’s even worse,” the judge stated.
“He somehow thinks it’s clever or funny to send messages about the attack on DCI Caldwell at the sports complex which are football related.
“Any normal person would be ashamed of that but I have no doubt that Mr McFadden is anything but ashamed, no matter how sickening other people would regard this act.”
However, he decided that both defendants should be released from custody because the charge against them is confined to posting the claim of responsibility.
“By definition that is much less serious than having actively participated in the gun attack,” Mr Justice O’Hara pointed out.
Imposing a curfew and electronic monitoring as part of strict bail conditions, he also banned McFadden and Brogan from having a mobile phone or accessing the internet.
The judge further ordered: “They are not to enter the Creggan estate.”