A Co Tyrone man is facing trial on historic paramilitary charges relating to a number of incidents including attempted murder, armed robbery, hijacking, explosives offences and IRA membership.
Arthur John MacNally from Minadinna Road, Sixmilecross is accused of two counts each of attempted murder and hijacking, causing and attempting to cause an explosion likely to endanger life, possessing explosives and firearm with intent to endanger life, robbery and membership of a proscribed organisation.
In order of occurrence, it is alleged on 20 January 1987, MacNally hijacked a car belonging to a woman then repeated this with a second woman, seizing control of each vehicle by force, threat or intimidation.
He then allegedly robbed a branch of Ulster Bank in Gortin of £875.50.
This was followed by the attempted murder of two men, one of whom was named on court papers as Soldier A, through unlawfully and maliciously both causing and attempting to cause an explosion using an improvised device containing ammonium nitrate-based fertiliser and fuel oil.
He was also accused of being in possession of an improvised explosive device in a beer keg as well as firearms and ammunition with intent to endanger life.
No details surrounding the circumstances of the alleged incident were disclosed during the short hearing at Dungannon Magistrates Court,
While listed as a committal procedure to transfer the case to crown court for trial, a defence solicitor said he had "grave, fundamental concerns in respect of the structural integrity of this proposed prosecution".
"The court will be aware of the intended legislation before parliament in the Northern Ireland Troubles Legacy and Reconciliation Bill .. which states no criminal investigation for any Troubles-related offence may be continued from 1 May 2023." he said.
"The government’s clear intention was this would have attained Royal Assent by 19 July which was the date this Bill was to become law and insofar as that’s the case the court may be intended to participate in an Abuse of Process to commence and/or entertain this prosecution.”
He continued: “This case will require careful consideration. There are evidential issues …which immediately strike a red light in my eyes. It pains me to say this but prosecution has been brought in bad faith.
"This has been thrown together to make arbitrary deadlines set against the carriage of the Bill through Parliament. The British Government seeks to protect its own actors with this legislation yet is intent on bringing tenuous and cynical cases such as this.”
The defence described MacNally as a retired father-of-four who was previously in prison but since release in 1979 has never been back.
“He is a peaceful, law-abiding, very well-respected member of his community for whom this prosecution has caused great distress and concern,” said the defence.
District Judge Michael Ranaghan agreed to adjourn the case to allow for engagement between the defence and prosecution as well as timetabling of matters going forward.
The case will be mentioned again later this month.