Judge to fix date in murder case of Katie Simpson

District Judge Barney McElholm has said that if the Public Prosecution Service do not set a date for a PE in the case of a man charged with the murder of Katie Simpson he will.

Jonathan Cresswell (34) of Briar Hill Gardens in Greysteel faces one charge of the murder of Ms Simpson on August 3 2020.

At today's hearing a police officer said that there was still outstanding some data from a communication company that had to be put in evidential form.

Defence counsel Eoghan Devlin asked when that material was requested and was told that it was practice only to request that material when a PE date was set.

He said that it was quite clear that this material should have been requested some time ago.

Judge McElholm said that this case 'had been going on too long but it was not going to take much longer.'

He said if the PPS do not set a date for a preliminary enquiry then he would and he would issue the McAleenan warning which puts the PPS on notice that the case could be dismissed.

The judge added that he could understand there might be monetary reasons why some things like evidential data might not be requested until it was clear where a case was going but in this case there was always going to be a PE.

Mr Devlin for the defence said that at Cresswell's first appearance they had been told that a full file would be ready in 4 weeks.

The judge said that the murder happened more than two years ago and 'everybody could expect things should be ready.'

The PPS said they would email the court what was still outstanding but at this stage it should not be shown to the defence.

Mr Devlin described that suggestion as 'ludicrous' and said there could be no secret justice.

Judge McElholm said he was setting a date for December 14 and on that date the PPS could set a date for PE or else he would do so.

He said 'what has to be done has to be done.'

The case was adjourned until December 14.