This article was originally written in February 2026.
A judge has rejected an application to dismiss the charges against nine men accused of offences related to the murder of a journalist in Derry.
Lyra Mckee was shot dead while observing rioting in the Creggan area of the city on 18 April 2019. The New IRA claimed responsibility for her killing.
Speaking at a sitting of Belfast Crown Court yesterday [27/02/2026], Judge Patricia Smyth said she did “not consider that there are no circumstances in which I could properly convict any of the defendants”.
Three men from Derry are charged with the 29-year-old’s murder.
They are 58-year-old Paul McIntyre from Kells Walk, 25-year-old Jordan Devine from Bishop Street and 37-year-old Peter Cavanagh from Mary Street.
None are accused of firing the gun which killed the journalist but are alleged to have aided the gunman on the basis of joint enterprise.
Six other men from Derry are charged with offences including rioting and throwing petrol bombs.
They are 37-year-old Joseph Barr of Sandringham Drive, 57-year-old Kieran George McCool of Ballymagowan Gardens, 25-year-old Joseph Anthony Campbell of Goshaden Cottage, 28-year-old Jude McCrory of Gartan Square, 33-year-old Patrick Anthony Gallagher of John Field Place and 45-year-old Christopher Joseph Gillen of Balbane Pass.
A tenth Derry man, 58-year-old William Patrick Elliott formerly of Ballymagowan Gardens, was also accused of rioting and throwing petrol bombs but died last year.
The trial is taking place without a jury. All the accused deny the charges.
Following the conclusion of the prosecution’s case last year, the defence submitted ‘no case to answer’ applications, claiming there was insufficient evidence to convict those on trial.
While the judge rejected these applications, she did rule that identification of the accused by a group of police officers from the Waterside District Support Unit would not be used as evidence.
Judge Smyth said she was “satisfied” that an officer from the PSNI’s Major Investigation Team had shown footage of the rioters to the Waterside police officers outside of the controlled viewing sessions which were being used to make identifications.
She stated that this caused the evidence to become “unfairly prejudicial to the defendants”.
Judge Smyth further commented that the incident “can only be regarded as deeply disturbing behaviour by an experienced police officer who displayed an unhealthy desire to identify the perpetrators at any cost”.
However, the judge ruled that footage from an MTV documentary about the dissident republican group Saoradh, filmed in Derry on the day of the murder, was admissible as evidence.
Judge Smyth described the footage as “clearly relevant”, despite the defence having previously raised concerns about its authenticity and how it was procured.
Following her ruling, the judge asked the defence whether any of the accused would like to give evidence.
All defence counsels agreed they would need some time to consider the ruling before responding to this request.
No date was set for when the trial would reconvene.