THE TRIAL of the man charged with the murder of Robert McCartney outside a Belfast bar three years ago is due to begin this morning after an unexpected adjournment yesterday.
The case against Terence Davison (51) did not begin in Belfast Crown Court yesterday as defence counsel Orlando Pownall QC could not be present for the opening as he was outside the jurisdiction.
Two others facing charges of affray are also standing trial. James McCormick (39) and Joseph Fitzpatrick (47), like Mr Davison, were in the dock yesterday to hear Lord Justice Higgins agree not to commence the trial until this morning.
Mr McCartney, a forklift truck driver and father of two, was murdered and his friend, Brendan Devine, was seriously injured outside Magennis's Bar near Belfast city centre in January 2005.
Mr Devine was in the public gallery as the judge agreed to begin hearing the case today. Mr McCartney's five sisters and his partner Bridgeen Hagans were also in court.
The court heard that Mr Pownall, the counsel who successfully defended Omagh bomb suspect Sean Hoey last year, could not arrive in Northern Ireland until yesterday afternoon. An application was then made to Lord Justice Higgins for a one-day adjournment. Counsel for the prosecution did not object.
Granting the adjournment, the judge said the delay was regrettable, and he allowed the three accused out on bail on the same terms as before.
Outside the courtroom after the short proceedings yesterday, Ms Catherine McCartney said: "We expected there would be a few hitches along the way. The wheels of justice often move slowly. But we are not that disappointed and we will be back again tomorrow."
Mr McCartney died after an incident in a laneway adjacent to the pub where he had been drinking on Sunday, January 30th, 2005.
He was beaten and stabbed in an attack in which Mr Devine was also severely injured.
The dead man's family said they believe republicans were involved, a claim denied by Sinn Féin. His five sisters have meanwhile taken their high-profile justice campaign around the world.