Shane Whitla murder accused wins court battle to be released on bail

The Public Prosecution Service (PPS) had challenged a magistrates’ decision that Joshua Cotter, 29, is eligible for release from custody over his alleged role in the killing.

But rejecting the appeal, Mr Justice Rooney ruled today (Friday, February 17) that the accused is to be bailed under terms which include a ban on entering Co Armagh.

Mr Whitla, a 39-year-old father of four, was gunned down in an alleyway off Woodville Street on January 12 this year.

Prosecutors have claimed that he was “executed” over a suspected drug debt to a notorious crime gang known as ‘The Firm’.

Cotter, of Madrid Street in Belfast, is one of three men charged with the murder in a case based on circumstantial CCTV, telephone and forensic evidence.

Footage showed him walking with co-accused Jake O’Brien, 27, of Church Walk in Lurgan, towards the general area of the shooting earlier that evening, the court heard.

Detectives believe a third man charged with the murder, Kevin Conway, 25, from Deeny Drive in Lurgan, then phoned the victim to tell him where to meet his killers.

Mr Whitla was seen leaving his home and going into the alleyway, followed by two unidentified men who re-emerged and fled a minute later.

Conway allegedly contacted O’Brien four times in an 18-minute period after the gun attack, according to the prosecution.

The weapon used to carry out the murder has still not been recovered.

But Crown counsel argued that a balaclava, hoodie and trousers seized from Cotter’s home contained particles potentially indicative of firearm discharge residue.

She told the court police believe he is part of ‘The Firm’, and that the killing was motivated by Mr Whitla owing money to the gang for drugs.

A defence barrister rejected Cotter’s alleged affiliation to any criminal organisation as nothing more than social media “tittle-tattle” and claimed the forensic evidence is extremely limited.

Forensic experts concluded that the particles on the seized clothing were unlikely to be linked to bullet casings recovered from the alleway or anything worn by the murder victim, the court was told.

With CCTV footage of the unidentified suspected killers described as blurry and poor quality, the barrister argued that the case against Cotter is “circumstantial, tenuous and flimsy”.

Proceedings had been adjourned for further checks to be carried out on the forensic evidence.

Following today’s resumed hearing the judge decided Cotter is to be released on bail.

Mr Justice Rooney ordered the defendant to abide by a curfew, have no contact with any co-accused or witnesses, and prohibited him from entering Co Armagh.