Witness 'credibility' questioned in McDaid case
Lawyers for one of the men accused of killing Kevin McDaid have launched a bid to uncover prosecution witnesses' full criminal histories.
Friday, 26 June 2009
Their application to the High Court centred on the credibility of a man described as the "lynchpin" of the case against Christopher McDowell.
McDowell, 33, is remanded in custody charged with murdering the father of four in Coleraine last month and the attempted murder of Damien Fleming.
Mr McDaid, 49, was beaten to death when a mob rampaged through a nationalist part of the town after Glasgow Rangers won the Scottish Premier League title.
Ten people have been charged in connection with the attack.
Counsel for McDowell, of Glebe Avenue, Coleraine, said he was seeking the criminal records and any other misconduct details held on three witnesses relevant to his client.
Allegations
Martin O'Rourke produced a newspaper article which contained allegations that a witness had erected Irish tricolour flags in the Heights area to taunt Rangers fans.
The barrister told the court: "He really is the key witness against the applicant.
"If there is any substance in that report it demonstrates a level of animus on the part of (the witness) towards people he perceives to be of the other persuasion, including this applicant.
"It was my understanding that (the witness) was central in naming a very large number of people. One would question the accuracy and veracity of his identification in those circumstances."
Mr O'Rourke stressed he wanted more than the criminal records which had just been supplied to him.
"It is my understanding, for example, that police have requested an ASBO in relation to (the key witness)."
Crown counsel Nicola Auret said she had been unaware that the defence were applying for disclosure rather than making a fresh bail application.
She argued it was premature to bring the case without giving the Public Prosecution Service time to respond to correspondence from McDowell's legal team.
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