A Judge today (Friday) ruled there was ‘no case to answer’ against three Co Armagh men charged over a riot in Lurgan.
A total of five men - including a father and son - were charged in the aftermath of the riot which broke out in the Kilwilkee Estate in August 2020.
Petrol bombs were thrown at police after they dealt with a suspect device in the area. The street disorder was recorded by cameras attached to police Landrovers as well as the aerial support unit, and after the footage was viewed by police, a number of men were arrested and charged.
One of the five defendants - Diarmuid McKee - pleaded guilty to rioting and throwing a petrol bomb on August 23, 2020. The 39-year old, from Deeny Drive in Lurgan, is currently on remand awaiting sentence.
Four other men were charged with similar offences and they went on trial at Belfast Crown Court last October.
Mark Anthony Reynolds, 49, from Ennis Green in Lurgan was charged with rioting, possessing petrol bombs in suspicious circumstances and two counts of throwing a petrol bomb.
His 32-year old son Niall Reynolds, of Woodside Green in Portadown, was also charged with rioting and two counts of throwing a petrol bomb.
Gavin McKenna, 39, from Victoria Gardens in Lurgan stood trial for rioting, throwing a petrol bomb and possessing a petrol bomb in suspicious circumstances.
The fourth accused, 55-year old Robert Rooney from Victoria Street in Lurgan, faced charges of rioting and possessing a petrol bomb in suspicious circumstances.
When the Crown closed its case against the accused last December, legal teams for all four men launched ‘no case to answer’ applications on the grounds that the identification evidence was circumstantial.
Judge Patricia Smyth, who presided over the non-jury trial, considered the defence applications and today ruled that she was not satisfied about the quality of the identification evidence against three of the four accused.
She ruled both Mark and Niall Reynolds and Gavin McKenna have ‘no case to answer’ and the Crown case against them should no longer proceed. She also determined that the case against Robert Rooney is to proceed.
In her ruling, Judge Smyth said that as all the petrol bombers were masked, the prosecution relied on “recognition evidence at the point where the suspects are not masked and are identified by police officers in controlled viewings”.
She added that as “this is a case that depends on circumstantial evidence ... such evidence needs to be examined with great care” and spoke of the “poor quality” of some of the CCTV footage.
The Recorder said of Robert Rooney: “I am satisfied from the combination of the distinctive clothing and his admissions, that a reasonable jury could conclude that the defendant is guilty of the offences charged and that he has a case to answer.”
She added that after carefully considering all the evidence regarding Mark and Niall Reynolds and Gavin McKenna “I have therefore concluded that there is no case to answer” against them.
A Crown barrister told Judge Smyth that the prosecution was seeking a little time to consider whether it was going to appeal her decision and she agreed to re-list the case again next Tuesday (20th).
Speaking after the Judge’s ruling Sophie McClintock from Phoenix Law - who represented Reynolds, Reynold and McKenna - said: “We welcome today’s decision by Her Honour Judge Smyth. We are now hoping that the PPS will take a decision not to appeal this matter so that our clients can return to their normal lives.”
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