No further charges for McLaughlin despite bail breach

Damien McLaughlin, whose trial this week in connection with the murder of prison officer David Black collapsed, skipped bail in November 2017.

The warden at HMP Maghaberry was shot dead as he drove to work along the M1 motorway near Lurgan in November 2012.

McLaughlin, 41, of Kilmascally Road near Ardboe in Co Tyrone was initially detained a few months after the murder but was granted bail in May 2014 – providing a bail address in west Belfast.

When McLaughlin was noticed to have stopped reporting to the police, as required by his bail conditions, PSNI officers called at the Glenties Drive house in December 2016 only to discover that the house was empty of furniture and the milk found in the fridge was several weeks old.

A subsequent court hearing in Belfast heard that when officers checked his other address in Ardboe, and others connected with his family members, the enquiries proved to be “of no assistance”.

A Crown prosecutor also said that the people who had provided sureties, namely Mr McLaughlin’s uncles, were “not able to assist in locating him” either.

McLaughlin’s details were circulated to police on both sides of the border, however, it was not until March 2017 that the fugitive was arrested in Donegal.

He was remanded in custody in the Republic on the charges of possessing articles in connection with terrorism, preparation of acts of terrorism and belonging to a proscribed organisation.

McLaughlin said nothing when he subsequently appeared in Dublin High Court to be remanded in custody.

A detective sergeant from the Garda Special Branch told the court Mr McLaughlin was a “terrorist on the run” who was a flight risk and possibly armed, which justified the use of force as he was detained in Donegal.

His disappearance while on bail provoked a public outcry and angered David Black’s family who said they “felt let down and hurt by the justice system”.

• Paramilitary past of Damien McLaughlin

Mr Black’s widow Yvonne, daughter Kyra and son Kyle were visited by the PSNI officer leading the manhunt for McLaughlin, Detective Chief Superintendent Raymond Murray.

The senior detective said he had spoken personally to the Black family “to offer sincere apologies on behalf of the PSNI for the stress and worry” the situation was creating for them.

DCS Murray also provided “reassurance of the steps police are taking to locate the whereabouts of Damien McLaughlin”.

PSNI chief constable George Hamilton said at the time of McLaughlin’s disappearance that court bail for dissident republican suspects was one area of concern

At a press conference in January 2017, Mr Hamilton said: “Our job is to gather the evidence, to present that evidence to the prosecutor for the prosecutor to take that through the courts and for the courts to decide on things like bail and sentencing and so on.

“Sometimes it is a concern to us, around bail conditions. We have a responsibility in imposing bail conditions once they are set by the court, we do all of that to the best of our ability, but I think this is where the criminal justice system needs to be linked up – needs to be working together – and making it as difficult as possible,” for those involved in paramilitary crime, he added.

On Friday, the Public Prosecution Service confirmed that McLaughlin was not facing charges for the bail breach offence.

The circumstances around McLaughlin’s breach of bail conditions sparked an investigation by the Police Ombudsman.

At the time, ombudsman Dr Michael Maguire said: “The Police Ombudsman has decided that it is necessary in the public interest to conduct an investigation to establish whether there were any failings in police conduct or in policing systems in the management of Mr McLaughlin’s bail conditions.”

His report has not yet been released.

• Paramilitary past of Damien McLaughlin