Case will proceed against man accused of Paul McCauley murder

 
 

A judge at Derry Magistrate’s Court has ruled that the case against a man accused of murdering Paul McCauley who died last year after being left in a vegetative state following a sectarian attack can proceed.

The legal team for Piper John McClements (25), previously known as Daryll Proctor, of the Fountain in Derry who is charged with the murder had argued that the case was ‘null and void’ because consent for the prosecution had not been properly given.
They had argued that the Attorney General had to give consent in a case of this nature where the victim had died some nine years after the assault.
Passing judgment today District Judge Barney McElholm said that Mr. McCauley had suffered ‘horrendous injuries’ in an ‘unprovoked sectarian attack’.
He said the issues at stake had centred around who and when should consent to a prosecution be given.
The judge said that prior to 1996 such a prosecution could not have been brought as the law then stated that if the victim survived beyond a year and a day after the attack then no murder charge could be brought.
But that law had changed and under the Justice Northern Ireland 2002 all prosecutorial roles had been transferred to the office of the Director of Public Prosecution.
Judge McElholm said that the Crown Prosecution office had a series of meetings with the PSNI about the case against McClements and it was clear that consent had been given.
He said that the issue of when that consent should be formally presented to the court was another issue and in his opinion that was a technicality.
He said that an injustice could be caused ‘if a technicality was allowed to render a prosecution null and void.’
Judge McElholm said that the form of consent could be lodged before a committal to the Crown Court and in this case the case could proceed.
The case against McClements will be heard again on July 14.