Patrick Gallagher, 29, of Gartan Square and 24-year-old Jude McCrory, of Magowan Park, are both charged with rioting and throwing a petrol bomb on Thursday, April 18, 2019.
Lyra McKee, a 29-year-old journalist, was shot dead by a new IRA gunman whilst observing rioting in Creggan’s Fanad Drive.
Both men were conncected to the charges by an investigating detective from the PSNI’s Major Investigation Team.
The alleged evidence against them is video footage from the scene of the rioting, the court heard.
A defence lawyer representing both men in the consecutive hearings said the evidence against them was “identical” and was based on footage the police obtained from an MTV documentary crew that was making a film in the Creggan area with presenter Reggie Yates on the night of the riot.
“It’s identical evidence, it’s the MTV footage,” he told the court.
The lawyer said the PSNI had the footage in its possession since April 2019, raising concern over the “significant delay” in arresting and charging the men.
He suggested an initial decision had been taken not to prosecute on the basis of the footage and claimed that decision had now been reversed.
“Something has changed or clicked whereby it now merits a prosecution,” he said.
With no objection to bail, both men were were freed on a surety each of £750,
As part of their bail conditions, the defendants have to abide by a curfew along with an electronic tag.
Gallagher and McCrory are also banned from contacting each other or other co-accused charged over the incident.
The case against the pair will be reviwed on Thursday, October 21 when the court will be hear of a possible date for a preliminary inquiry.
Three other men have been charged with the murder of Ms McKee and another two have been charged with rioting and associated offences on the night she was killed.
A 55-year-old man arrested on Thursday has been released pending a report to the Public Prosecution Service.
The New IRA later claimed responsibilty for the murder of Ms McKee.Tags: