The funeral of Danny McGurk, who was murdered at his home in west Belfast last weekend, can now proceed tomorrow following a decision by the Belfast High Court to uphold a Coroner's decision to refuse a second post mortem on his body.
Mr Patrick O'Mahoney (41) had applied for a judicial review of Coroner John Lecky's decision on the grounds that a second post mortem might reveal vital evidence at his trial in the event of him being charged with the murder of Mr McGurk (35), who was shot in his home at Ross Road, in the Lower Falls area of Belfast, last Sunday.
Mr O'Mahoney was today charged with possessing firearms and ammunition with intent to endanger life, and having explosive substances in suspicious circumstances following a police investigation into Mr McGurk's murder,
The charges were brought by police who searched his home.
A .22 bolt action rifle, a .455 Webley revolver, a Libera-Vendeta converted blank-firing pistol and magazine and assorted ammunition were all allegedlydiscovered, Belfast Magistrates' Court heard.
A detective sergeant told the court that when charged Mr O'Mahoney made no reply. The officer said he believed he could connect him with the offences.
A lawyer for the accused pointed out: "Isn't it correct to say that Mr O'Mahoney has not been charged with regard to any offences arising out of the ongoing investigation into the murder of Daniel McGurk?"
The detective replied that was correct.Later, a High Court judge dismissed a request for a second post mortemexamination of Mr McGurk's body.
Mr O'Mahoney launched a legal bid after the coroner for Greater Belfast, Dr JohnLeckey, turned down his demand.
With the judicial review application turned down, the murder victim's body isnow due to be released for burial.