A man currently on trial on charges arising from the riot in Derry during which Lyra McKee was killed had a bail application to allow him to go on holiday refused.
Patrick Anthony Gallagher is one of ten defendants from Derry involved in a non-jury trial which is due to resume in September at Belfast Crown Court.
The 32-year old, from John Field Place in Derry, has been charged with, and denies, offences of rioting and throwing a petrol bomb on the evening of April 18th, 2019.
The charges relate to a riot in the Creggan area of Derry during which journalist Lyra McKee (29) died after being struck in the head with a bullet as she observed the street disorder.
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The application to amend Gallagher’s bail to allow him to go on a week-long family holiday to Lanzarote was made at Belfast Crown Court.
A defence barrister told Judge Peter Irvine KC that Gallagher wished to go on holiday from September 8th to 15th.
Acknowledging that the trial will have resumed by that date and that Gallagher would be absent if granted bail, the barrister spoke of a delay in the trial starting.
“This trial has been going on for some time. It was originally due to begin in April but unfortunately there was quite a delay and then didn’t begin until towards late May and unfortunately it has now gone through to the new term,” he said.
“This holiday was booked on the 15th of April and it was believed at that time that the trial would have been finished by the end of June, but unfortunately that hasn’t proven to be the case.”
At this point, Judge Irvine said: “This is a situation where a defendant in a continuing trial is looking to go on holiday.
“I have never heard of such an application ever being mounted before.”
Responding, the defence barrister said it was an “unusual application” but was being made as the holiday was booked “some time ago.”
When asked what the Crown’s view was, a prosecuting barrister said Gallagher was “voluntarily trying to excuse himself from his trial”.
Judge Irvine then addressed the court and said: “Under no circumstances is this application going to be adhered to and I refuse it accordingly.”
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