A judge at Belfast Crown Court has refused applications to dismiss charges against nine men from Derry accused of offences linked to the death of journalist Lyra McKee. The 29-year-old was fatally shot during rioting in the Creggan area of Derry on April 18, 2019. The trial, which began in May 2024 and is being heard without a jury by Mrs Justice Smyth, continued after the ruling.

Three defendants face murder charges on a joint enterprise basis, along with firearms and riot-related offences. They are Paul McIntyre, 58, of Kells Walk; Jordan Devine, 25, of Bishop Street; and Peter Cavanagh, 37, of Mary Street. All three deny the charges. The other six men are charged with rioting and throwing petrol bombs.

Those defendants are Christopher Gillen, 45, of Balbane Pass; Patrick Gallagher, 33, of John Field Place; Jude Coffey, 28, of Gartan Square; Joseph Barr, 37, of Sandringham Drive; Joseph Campbell, 25, of Gosheden Cottages; and Kieran McCool, 57, of Ballymagowan Gardens. A tenth defendant, William Elliot, 58, died during the proceedings last year.

Following the prosecution closing its case, defence lawyers submitted no case to answer applications, citing insufficient evidence. Mrs Justice Smyth rejected these, stating there were circumstances in which she could convict on the evidence presented. She divided defendants into masked rioters and unmasked individuals accused of encouraging them.

The prosecution relies on circumstantial evidence, including footage from an MTV documentary crew filming in Derry that day about groups opposed to the peace process. Mrs Justice Smyth ruled the footage admissible and authentic. Identification evidence from police viewings was also considered.

The judge excluded some identification evidence from an informal police viewing, describing behaviour by an officer as deeply disturbing due to an unhealthy desire to identify suspects. She found no bad faith but deemed it unfairly prejudicial. Despite this, she ruled the trial could proceed in the public interest.

Mrs Justice Smyth emphasised that all evidence must be weighed as a whole at the trial's end. Defence teams requested time to decide whether defendants would give evidence, with the trial set to reconvene on Monday.