The New IRA statement posted on a wall in Derry claiming responsibility for murder bid on DCI John Caldwell
It centres around a written claim of responsibility for the attack, which also contained a threat to police, purportedly from the New IRA which was placed on a wall in Derry’s Central Drive.
DCI Caldwell was shot a number of times in front of his son at a sports complex in Omagh in February while putting footballs into the boot of his car.
William McDonnell, 36, of Balbane Pass, Derry, Caolan Brogan, 23, of Bluebellhill Gardens, Derry, and Tiarnan McFadden, 25, of Carnhill, Derry, have all been charged with possession of articles for use in terrorism.
It is claimed they were involved with placing the claim of responsibility on the wall on the evening of Sunday, February 26.
Police evidence includes CCTV, aerial surveillance and telecommunications.
A detective constable told the court he believed he could connect the accused to the charge.
He said police objected to bail for the three men due to a risk of reoffending and potential interference with the ongoing investigation in terms of attempts to destroy evidence, adding the probe is part of a wider investigation into the attempted murder of Mr Caldwell.
William McDonnell tried to smuggle Thomas Ashe Mellon’s note into Maghaberry jail
The detective told the court there were electronic communications between Brogan and McDonnell using a Facebook account in Mr McDonnell’s partner’s name.
The officer said that was an attempt by McDonnell to conceal his activities because the defendant has to register his mobile phone number under the counter-terrorism legislation.
He added that police believed a bucket of wallpaper paste that Brogan and McFadden had left at McDonnell’s home had been used to stick the claim of responsibility to the wall.
A lawyer acting for McDonnell said the case against his client is “very, very weak indeed”, said he would be willing to comply with bail conditions and had caring responsibilities for his parents.
The same lawyer, who also acted for Brogan, said CCTV evidence linking his client is “not strong” and “carries difficulty with identification” given the alleged incident happened at night.
He said Brogan works as a production operator at an engineering firm and being denied bail will put that job in jeopardy, and he would accept any bail conditions.
The lawyer also queried police evidence about when the claim of responsibility was placed on the wall, contending “there is no way of knowing when exactly the letter was posted on the wall”.
A lawyer acting for McFadden said the evidence against his client relies on “covert officers on the ground, covert officers in the sky and vehicle-identifying equipment”.
But he contended that all the evidence shows is his client in the company of his usual social circle.
He said that McFadden is a member of the Irish Republican Prisoners Welfare Association, a welfare group for prisoners, and regularly maintains a notice board at Central Drive, removing graffiti.
DCI John Caldwell still in a critical condition in hospital
District Judge Barney McElholm said it was an “extremely serious matter”, concerning the “heinous attack on Mr Caldwell in front of his son and other young children”.
He refused applications for bail for the three men on the grounds of a risk of a “fear of further offending”, adding: “Clearly these people are closely associated with organisations who have no respect for the law.
“At this stage there remains the possibility of interference with the course of an investigation.
“But the fear of further offending is what is uppermost. So for that reason I am refusing bail in each case.”
The men are due to appear in court again via video link on Thursday, August 3.
Earlier this week three men were remanded into custody after appearing before Dungannon Magistrates’ Court on charges in connection with the attempted murder of Mr Caldwell.
In May, seven men were remanded after appearing at the same court on similar charges.
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