A judge has directed a jury to acquit a man accused of burgling a nursery in County Tyrone, ruling that the identification evidence against him was too weak and unsupported.

John Joseph Myles Connors had been charged with one count of burglary contrary to section 9(1)(a) of the Theft Act (Northern Ireland) 1969, relating to an incident at Woolstore Nursery on 1 December 2024.

The prosecution case rested almost entirely on CCTV footage from the nursery and recognition evidence from a police officer who claimed to identify Connors from that footage.

During the trial at Dungannon Crown Court, Judge McGarrity heard that the burglary was not disputed. A window was smashed and at least four masked men entered the building, ransacking an office and causing damage.

However, the only evidence linking Connors to the crime was the testimony of Constable Nesbitt, who said he recognised the defendant from approximately seven seconds of CCTV footage. The constable had known Connors through previous police dealings, having attended his home on up to 30 occasions.

Constable Nesbitt told the court he identified Connors by his eyes and nose, noting what he believed to be scarring or blemishes on the nose consistent with his recollection. But the judge noted that the constable had made no written record of these distinguishing features at the time of the identification.

The CCTV footage showed a man whose face was largely obscured. The judge found the footage was brief, of poor resolution, and shadowing reduced visibility. Most of the man's face was hidden, with only part of the eyes, nose, cheeks, and an ear visible.

Judge McGarrity said the CCTV footage was "insufficiently clear for the jury to reliably compare it with the appearance of the defendant in the dock."

He also noted that Constable Nesbitt may have had enhanced viewing opportunities not available to the jury, including the ability to pause the video frame by frame and enlarge the picture, which the prosecution did not provide in court.

The defence applied to have the case withdrawn from the jury, arguing the identification evidence was of poor quality and unsupported. The prosecution countered that the officer's familiarity with the defendant gave his recognition evidence significant cogency.

In his ruling, Judge McGarrity acknowledged the officer's honesty and genuine conviction but said the recording deficiency was significant. He said the officer's explanation for omitting the distinguishing features from his record was "inadequate and unconvincing."

The judge concluded that even giving the officer's evidence the greatest possible weight, the quality of the identification evidence was poor. Since there was no other evidence supporting the identification or linking Connors to the burglary, he directed the jury to acquit.

Connors had denied involvement when interviewed by police, saying, "I am not the person in the photo. I am being stitched up. No one could identify anyone from that photo."

The case highlights the strict standards applied to identification evidence in Northern Ireland under guidelines established in the Turnbull case, which require judges to withdraw cases from juries when identification evidence is poor and unsupported.