Decision to free man charged with attempted murder of PSNI detective John Caldwell is overturned in High Court

​Mr Justice O’Hara held that 48-year-old Alan McFarland must remain in custody over his alleged role in the bid to kill the off-duty PSNI officer in Omagh, Co Tyrone.

He said: “I believe, based on what has been outlined to me on behalf of the prosecution, that he was actively involved in the events immediately around the time that DCI Caldwell’s life was attacked.

“An individual as apparently committed to murder as that cannot expect to get bail.”

Prosecutors mounted the successful appeal after a magistrate initially decided on Tuesday that McFarland, of Deverney Park in Omagh, could be released on strict terms.

DCI Caldwell was shot and seriously wounded in front of his son just after he had finished coaching a youth football team at sports facilities in the town on February 22 last year.

Two men wearing dark waterproof clothing approached him and opened fire, striking him several times.

The gunmen made their getaway in a Ford Fiesta, fitted with false number plates and discovered burnt out later that night, before switching to a Mercedes car.

Although the New IRA claimed responsibility for the shooting, detectives believe other criminal factions joined forces with the dissident republican grouping to target someone regarded as their joint enemy.

It was also revealed in court there had been a prior bid to kill DCI Caldwell in an attack planned for three weeks earlier.

McFarland is one of eight men charged with his attempted murder.

He was allegedly involved in the acquisition of one of the cars used in the assassination plot.

The court heard McFarland had been present at an auction house in Ballyclare, Co Antrim on February 8 when another suspect purchased the Ford Fiesta.

During the auction event he received a phone call from 33-year-old co-accused Matthew McClean, from Glenpark Road in Omagh.

Days later McClean allegedly bought the ringer number plates which were fitted to the car.

Another part of a circumstantial case against McFarland relates to forensic swabs taken when he was initially arrested on the day after the shooting.

Particles characteristic of Cartridge Discharge Residue were found on his hand and jacket pocket, according to the prosecution.

Mr Justice O’Hara was also told there is information that he knew about DCI Caldwell’s regular movements - in particular the night he attended the Youth Sports complex where the shooting took place.

Defence counsel confirmed McFarland denies any role in the murder bid.

He argued that the accused had given police access to his phone and provided a statement disavowing any association with dissident republican terrorists.

With McFarland previously questioned and released as part of the investigation, it was contended that his presence at the auction when the Fiesta was purchased “tipped the balance” in the subsequent decision to charge him.

But the court heard he regularly attended those sales, had a long-term friendship with McClean based on their shared interest in cars, and that the pair had been in phone contact up to 1,200 times in the previous four months.

Counsel argued that the only new evidence raised during McFarland’s second set of police interviews related to the auctions in Ballyclare.

Based on the evidence, however, Mr Justice O’Hara held that his alleged role was more significant than other accused who have been granted bail.

He added: “The context of this case is sinister in the extreme.

“Dissident republicans combining with non-political criminals to (attempt to) murder a senior police officer.”

Even the offer of £10,000 cash surety and other strict conditions were deemed insufficient to deal with the potential risks in releasing McFarland.

The judge confirmed: “In those circumstances I allow the prosecution appeal. Bail is refused.”