The family of Lyra McKee said on Friday that “no stone will be left unturned” to get justice after three men were found not guilty of her murder.
Nichola Corner, the sister of journalist Ms McKee, also called for an end to the “culture of silence” in Northern Ireland which meant people did not come forward with information about the killing.
Ms McKee, 29, died after being hit by a bullet as she stood close to police vehicles while observing disturbances in the Creggan area of Derry on April 18, 2019.
Paul McIntyre, 58, of Kells Walk in Derry, Peter Cavanagh, 38, of Mary Street, and Jordan Gareth Devine, 25, of Bishop Street, faced a joint enterprise murder charge.
Judge Mrs Justice Smyth found all three not guilty of murder in the long-running non-jury trial at Belfast Crown Court on Friday due to insufficient evidence in the prosecution case against the men which was wholly circumstantial.
Members of Ms McKee’s family left the court after the non-guilty verdicts on the three murder charges were delivered.
Speaking outside court, Ms Corner said: “Today has come as a complete and utter shock to us as a family.”
She added: “The system has completely failed Lyra and has failed our family, and has failed Northern Ireland, to be perfectly honest.”
Ms Corner said: “There is also a situation which is ongoing in our country and has been for many years, and that people are afraid to speak out, they are afraid to tell the truth, they are afraid to share information that they have.
Lyra McKee was shot dead in Derry in 2019 (PSNI/PA)
“Over 150 people witnessed this event on the 18th of April 2019. Not one of those 150 people came forward with evidence.
“That culture of silence needs to stop in Northern Ireland, it is unfair to victims.”
She said: “I’ll tell you what will not happen, that we will not go down with this. This is not over. Lyra said, ‘if you’re going to go down, go down fighting’, and I can tell you right now that every one of my family will, because we do this for Lyra. She deserves justice.”
She added: “This started seven years, two months and two weeks ago, when people came out onto a street with a lethal weapon and fired at police, knowing that there were innocent people watching, knowing that there were innocent people outside homes, knowing that there were innocent people who could potentially be put into danger, that was when this began for us.
“We have been having to carry that strength for a very long time, and our strength comes from the strength of heart, which our mother had and shared with us all.
“That strength comes from our love for Lyra and our desire to ensure that she gets justice, and that no stone is left unturned to ensure that that happens, and I assure you that every stone will be checked.”
On the night Ms McKee was killed, several petrol bombs had been directed at police and a car was set on fire during chaotic scenes which culminated in four shots being fired towards officers.
One of the shots hit Ms McKee. The New IRA claimed responsibility for the death of Ms McKee.
Mrs Justice Smyth on Friday found that the shots were fired by the gunman with “murderous intent”, and there was “obvious intention” to kill or seriously injure police, and an intention to launch a fatal attack as a “fatal finale” to the attack on police in order to “guarantee the oxygen of publicity”.
She said while the intended target had been police, Ms McKee “was murdered”.
Earlier on Friday the three Derry men were acquitted of murdering Lyra McKee. In a lengthy judgement delivered at Belfast Crown Court, Mrs Justice Smyth found Peter Cavanagh, Jordan Devine and Paul McIntyre ‘not guilty’ of being secondary offenders in the murder of Ms McKee.
The 29-year old died after being struck by a bullet fired at police Land Rovers parked in the Fanad Drive area of Creggan during serious unrest on April 18, 2019.
As her loved ones sat in the public gallery of a packed Court 12, Mrs Justice Smyth delivered her lengthy judgement – and after the three men accused of murder were cleared of the charge, Lyra’s family and friends walked out of the courtroom.
A total of ten defendants were initially charged with offences arising from street disorder in Creggan on April 16, 2019 and of involvement in the riot two days later that claimed Lyra’s life.
Over 50 charges were levelled at the accused, one of whom died during the non-jury trial which spanned a period of over two years.
None of the accused gave evidence at their trial and ultimately, only two of the nine were convicted of any charges.
Christopher Joseph Gillen, who is 45 and from Balbane Pass in Derry, was found guilty of charges of rioting and both possessing and throwing petrol bombs on April 18, 2019.
Gillen was acquitted of stealing a Ford Transit tipper truck and of an arson attack on the vehicle on April 18 and of three petrol bomb offences on April 16.
Following his conviction, Gillen’s barrister said his client had been on bail since October 2019 “without issue” and asked that he be released on continuing bail ahead of his sentencing in September.
This request was rejected by the Judge who remanded Gillen into custody.
Also convicted on a charge of common assault was 57-year old Kieran George McCool, from Ballygowan Garden.
Whilst he was acquitted on a charge of rioting due to “insufficient” evidence, he was found guilty of assaulting a local community worker who, on the evening of the riot, tried to intervene.
He attended Friday’s hearing via a videolink and his barrister was told that he was required to attend court for his sentencing in September
After she returned verdicts on all 52 charges and in the absence of Lyra’s loved ones who had already left the court, Mrs Justice Smyth said: “Lyra McKee was murdered in an act of senseless violence. The gunman has never been brought before any court and the evidence against those suspected of assisting or encouraging him has fallen short of that required for conviction.
“I wish to acknowledge the family and friends of Lyra who have endured a length and protracted trial which has brought little if any comfort or relief and I regret that.”
In her judgement, Mrs Justice Smyth said the prosecution’s case against the accused was “wholly circumstantial” and replied heavily on imagery analysis evidence.
Regarding the murder charge against Devine (25) from Bishop Street, Peter Cavanagh (38) from Mary Street and 58-year Paul McIntyre from Kells Walk, this was on the grounds they encouraged or assisted the shooter.
Mrs Justice Smyth concluded there was “insufficient evidence” to establish “beyond reasonable doubt” that Cavanagh had been “correctly identified” as one the masked men who assisted the gunman and said “I find him not guilty of murder”.
Regarding Devine and McIntyre, the Judge concluded that the “poor quality” mobile phone footage of the shooting did not allow reliable identification of masked men “beyond reasonable doubt”.
As a result, both men were acquitted of murder.
In addition Devine, Cavanagh and McIntyre were acquitted of other charges including possessing a firearm and ammunition, rioting and both possessing and throwing petrol bombs.
Mrs Justice Smyth also acquitted three ‘unmasked men’ who were present at the riot.
Joseph Patrick Barr (38) from Sandringham Drive, 28-year old Jude Forest McCrory (28) from Gartan Square and Patrick Anthony Gallagher (34) from John Field Place were all acquitted on charges of rioting and throwing petrol bombs.
It was the Crown’s case that they intentionally assisted or encouraged the masked men to carry out the offences during the riot.
In her judgement, Mrs Justice Smyth said the evidence against McCrory and Gallagher was “insufficient to prove guilt of the criminal charge and I therefore find both defendants not guilty of all charges”.
Regarding Barr, the Judge said the evidence against him “falls short of that required to convict Barr of the offences and I find him not guilty of the offences charged”.
Also acquitted of three charges levelled against him was 25-year old Joseph Anthony Campbell from Gosheden Cottages.
The gun used in the murder of journalist Lyra McKee
These acquittals, like the others, were on the ground of insufficient evidence.
At the conclusion of the judgement, Gillen shook hands with the other men in the dock before he was taken into custody.
The other seven men were released from the dock by Mrs Justice Smyth, who said she would sentence Gillen and McCool on September 25.
Following the judgement, the Deputy Director of Public Prosecutions, Michael Agnew, said: “Lyra McKee’s life was taken in a reckless act of violence, leaving her family and friends with enduring grief and pain, and causing shock in the wider community.
“This was a very complex and challenging case which drew from multiple strands of evidence, including detailed analysis of video footage, mobile phone material, and forensic evidence.
“The PPS worked closely with PSNI to build the case, which was prosecuted properly and at its height.
“The decision to prosecute is based on a legal test that is different from the test a court applies when deciding guilt.
“We are satisfied that our legal test for prosecution was met and that it was in the public interest to bring the case. The case successfully overcame a number of robust legal challenges during the proceedings.
“We recognise that today’s acquittals will be deeply disappointing to Lyra’s family and loved ones. Our thoughts are foremost with them as they continue to endure the profound loss caused by her murder.”