Man charged with murder of Paul McCauley

A man has appeared in court charged with murder following a “brutal, sectarian” attack which left a victim in a vegetative state for nine years.

John Piper John McClements (24), from the Fountain Estate in Derry, was granted bail at Derry Magistrates’ Court.

Paul McCauley, a 38-year-old Catholic, spent almost a decade in a vegetative state after he was attacked by loyalists at a barbecue in the Waterside area of Derry in July 2006.

He died last month.

Mr McClements was arrested at his home in the Fountain Estate, beside the courthouse, last Thursday. He was formerly known as Daryl Proctor, but he changed his name while in jail serving a 13-year sentence for inflicting grievous bodily harm with intent on Mr McCauley.

Police stepped up the investigation into the attack in the wake of Mr McCauley’s death.

The father-of-one was 29 when he attended the barbecue at Chapel Road for a friend who was moving away from Northern Ireland.

A gang of up to 15 people emerged from nearby bushes and attacked him and two of his friends as they were clearing up after the meal in the early hours of the morning. He sustained severe head injuries.

The defendant made no reply to the charge that he murdered Mr McCauley on June 6th, 2015.

A detective constable in the PSNI’s Serious Crime Department said following his arrest last Thursday, the defendant was interviewed on July 16th and July 17th and during the interviews he made no comment. The officer said it was the police case that a number of people were involved in the attack on Mr McCauley and she believed the defendant knew those other people.

“The police believe that if he is released on bail he may stop potential witnesses from coming forward and providing information to help in the murder investigation,” the judge was told.

The police witness said given the high profile nature of the case there were concerns for the defendant’s safety.

Applying for bail, Mr Mahoney said it was a tragic high profile case which had been at the forefront of the public consciousness for over nine years. He said the factual basis of the case had been established when the defendant was jailed in 2009.

“He took responsibility for his involvement and it would therefore be difficult to establish what benefit he could gain by interfering with other witnesses. The fact that this has now become a murder investigation is unique.

“It is the first time in Northern Ireland that somebody who has been convicted of an assault has been brought back to the court charged with murder following the victim’s death,” he said.

Mr Mahoney said since the defendant had been released from jail on licence last January, he had complied fully with his licence conditions, one of which was for him to stay away from Loyalist processions during the marching season.

“He has never breached the trust placed on him by the Courts and it would not be in his advantage to breach that trust now,” he added.

District judge John Meehan said: “This is a matter of acute public concern, one of the most brutal, sectarian attacks in a long catalogue.”

He said he had to establish if there was a pattern in the defendant’s behaviour before deciding whether or not to release him on bail. He said with the exception of the attack on Mr. McCauley, the defendant had no previous criminal convictions and had complied with previously imposed Court bail conditions.

He said on the proper interpretation of the legislation he was obliged to release the defendant on bail.

Mr McCauley’s family has pursued a long campaign for justice.