Two former RUC detectives were have been formally cleared of perverting the course of justice during an investigation into the IRA murder of a soldier in Derry in 1979.
John McGahan (71) and Philip Thompson (65) each faced a single charge of doing an act with intent to pervert the course of justice and were due to stand trial this year. Both men denied the charges.
Mr McGahan was charged with recording a written statement after caution from Gerald McGowan which was not his independent account of his involvement in the murder of Steven Kirby on a date between February 27th, 1979 and March 2th, 1979.
Mr Thompson was charged with recording a written statement after caution from Gerald McGowan which was not his independent account of his involvement in the shooting of Noel Smith on a date between February 27th, 1979 and March 2nd, 1979.
During a brief hearing at Belfast Crown Court, the two ex-RUC men appeared in the dock whilst a jury was sworn in. After the jury - consisting of 10 women and two men - was sworn, Crown prosecutor David McDowell QC told the court: “The prosecution’s intention is to offer no evidence in respect of each count ... and I formally do so.”
This prompted defence barrister Greg Berry QC, who was acting on behalf of both Mr McGahan and Mr Thompson, to ask Mr Justice Weir to "direct the jury accordingly".
Addressing the jury, the judge said that as the Crown was offering no evidence against the former policemen, he was directing the jury to return a “not guilty” verdict on behalf of both men.
Mr Justice Weir then asked if there was “any reason” why the pair could not be released. When no reason was given, he told the pair they were “free to go.”
Although no details of the charges against the former police officers were revealed in court, it is understood that they related to an RUC investigation into the murder of Royal Welsh Fusiliers officer Steven Kirby, who was shot dead by the Provisional IRA in the Abercorn Road area of Derry in February 1979.
Four local teenagers - who subsequently became known as the ‘Derry Four’ - were charged with his murder. All four were acquitted in 1998.
In a statement after the hearing, Northern Ireland’s Public Prosecution Service said: “We can confirm that we have recently been furnished with certain material by the Office of the Police Ombudsman which was not made available to PPS when the decision to prosecute was taken.
“This material undermined the prosecution case to the extent that we have concluded that there is no longer a reasonable prospect of conviction. Accordingly, we have advised the court that we do not intend to offer any evidence against the accused.
“The Director has met with the Police Ombudsman and has expressed his concern in relation to the late disclosure of this material. The matter is now the subject of investigation.”