A man appeared court in Derry today charged in connection with the murder of an RUC officer by the IRA almost 30 years ago.
Seamus Martin Kearney (54), of Gorteade Road in Swatragh, Co Derry, is charged with the murder of Reserve Constable John Proctor in Magherafelt on September 14th, 1981. He is also charged with possessing an Armalite rifle on the same date.
Mr Kearney denies both charges.
Proctor (25), from Upperlands, Co Derry, was shot dead in the grounds of the Mid-Ulster Hospital in Magherafelt after visiting his wife June and their newborn son. The murder was claimed by the Provisional IRA.
A detective sergeant in told Derry Magistrate’s Court that DNA found on a cigarette butt found at the scene matched Mr Kearney’s.
Det Sgt Jeremy Walls opposed bail on the grounds that witnesses could be intimidated and because he believed the defendant would flee Northern Ireland.
Applying for bail, defence solicitor Stephen Atherton said his client “categorically denies both charges”.
Mr Atherton described the case against the defendant as weak.
“The cigarette butt was found two days after the offence in a heavily populated public area. No forensic tent was ever erected at the scene. Identification statements made in 1981 cannot be safely replied on to identify anyone,” he said.
District Judge Barney McElholm released Mr Kearney on his own bail of £5,000 together with two sureties, each of £5,000, to appear in court in Magherafelt on November 24th.
Mr Kearney was ordered to surrender his passport, report three times each week to the police and have no contact with witnesses in the case.