A MAN charged with the murder of Jean Quigley at her Derry home last month has opted to have his trial in the Republic.
Stephen Cahoon (36), Harvey Street, Derry, was further remanded in custody when he appeared at Harristown District Court in Castlerea, Co Roscommon, yesterday. He is charged with murdering Jean Quigley (30) at her home in Cornshell Fields, Shantallow, Derry, on July 26th. Ms Quigley was pregnant with her fifth child.
Judge Conal Gibbons told the accused that under the Criminal Law (Jurisdiction) Act 1976 he could opt to have his trial in this jurisdiction or in Northern Ireland. Peter Nolan, defending, told the court that the defendant had already considered this matter and wished to have his trial in this jurisdiction. He pointed out that Mr Cahoon had the option of changing his mind about this right up to the date of arraignment.
Mr Nolan also said that extradition was not at this stage relevant. Judge Gibbons said extradition was an issue for a different court.
Mr Nolan told the court that he was obliged to advise his client on whether his detention was lawful and he wished to see the extension orders signed by senior gardaí after the accused was in taken into custody. Judge Gibbons said that this was an issue which should be raised with the prosecution.
Supt Seán Ward told the court that his colleague in Ballyshannon had received a letter by fax from Mr Cahoon’s solicitor on August 13th and had responded by fax on the following day. Mr Nolan told the court that he was aware of the difficulty his client would have getting bail and the onus was on the prosecution to expedite the case without delay.
Judge Gibbons said he thought the State was aware of its obligations. He said he would be willing to consider remanding Mr Cahoon to a court in Donegal at a future date, but added, “I will have to have very good reasons”.
Mr Nolan had argued that a remand to Donegal would give easier access to the defendant’s family but the judge said that Harristown court was there to cater for remands to Castlerea prison.
Mr Cahoon was remanded in custody to Harristown court on August 29th next.