UDR murder accused John Downey can return to Co Donegal because of coronavirus

John Downey’s bail terms were varied after defence lawyers argued it was not suitable for him to continue staying with a Sinn Fein representative in Belfast due to his underlying health problems.

However, Mr Justice McAlinden warned how it would reflect on the party if the 68-year-old were to abscond.

He said: “If this bail breaks down I think it’s inevitable that senior members of Sinn Fein in this jurisdiction would suffer significant embarrassment and reputational damage, in that they were unable to abide by assurances and undertakings given on behalf of Mr Downey.”

Downey is facing prosecution for a car bomb attack which killed UDR members Alfred Johnston and James Eames in Enniskillen.

The accused, of Creeslough in Co Donegal, was detained in 2018 under a European Arrest Warrant.

He fought a battle against extradition from the Republic before handing himself in to the authorities in October last year.

Lance Corporal Johnston and Private Eames died in an explosion on the Irvinestown Road in August 1972.

They were carrying out checks on a car when a command wire initiated device was detonated.

Downey is also charged with aiding and abetting an explosion likely to endanger life.

A previous court was told his fingerprint was allegedly on insulating tape used to construct the device.

In December last year he was granted bail to live at the Belfast home of a Sinn Fein councillor, with £225,000 in cash lodged as surety.

Downey, who has a respiratory condition, applied to vary those terms due to the coronavirus pandemic.

The hearing proceeded by telephone conference to avoid lawyers having to attend court in person.

Defence barrister Gregory Berry QC confirmed his client wanted to go back to Donegal until the crisis is over.

But prosecution counsel Sam Magee QC said efforts could made to locate a rural location for self-isolation within Northern Ireland.

He claimed it was illogical for Downey to return home while his wife works at an intensive care unit.

“This virus will have no borders,” Mr Magee stressed.

But Mr Berry responded that all possible steps are being taken to protect Downey’s wife from coronavirus.

Meanwhile, he contended, the accused has been living in communal accommodation and depending on others for shopping.

Insisting his client would have fled by now if he had any intention, the barrister said such actions would have “catastrophic” consequences.

“There would be, bluntly, significant reputational damage for Sinn Fein if Mr Downey absconded,” he agreed.

Granting the variation, Mr Justice McAlinden ordered a member of the accused’s family to lodge a further £5,000 cash surety.

The judge also directed Downey must have Skype video calls with a PSNI officer twice a week.