Shane Whitla murder: Defence barrister voices dismay at accused Jake O'Brien's solicitor as Preliminary Enquiry is adjourned

Joshua Adam Cotter, aged 30, from Madrid Street in Belfast is charged with murdering Shane Whitla on January 12, 2023 and possession of a firearm with intent. Jake Joseph O’Brien, aged 29, from Church Walk in Lurgan, is charged with the murder of Mr Whitla and possession of a firearm with intent.

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Mr Whitla, a 39-year-old father of four, was shot dead off Woodville Street in Lurgan over an alleged drug debt to a crime gang known as The Firm.

Barrister Aileen Smyth, appearing for O’Brien, who is ‘new’ to the case, asked that it be adjourned for three weeks so she could review the papers.

She said that O’Brien has a Diplock trial starting next Tuesday – he is to appear at Belfast Crown Court charged with the murder of Malcolm McKeown on August 19, 2019 in Waringstown and the possession of firearms with intent on the same date.

Defence barrister for Cotter, Mr Paul McCrudden, told District Judge Michael Ranaghan the case was ready for a Preliminary Enquiry on Friday.

“I have to say, I fully accept what Ms Smyth says and there’s no criticism at all of Ms Smyth. I don’t make the same concessions in relation to her instructing solicitor. I tried to make contact with Phoenix Law yesterday to ensure this was going to ahead. Police have attended with their documentation. There’s the deceased’s family in the background expecting this to go ahead. Mr Cotter has attended this morning at my request because I presumed it was going ahead. Now we are left in the position where it can’t go ahead. That is solely down to Mr O’Brien’s instructing solicitors. I am disappointed in that.”

He said Cotter has been on bail for a "prolonged period of time” and there is a bail variation application. District Judge Ranaghan said he was new into the jurisdiction and hadn’t seen the PE papers, adding he would have “great difficulty” allowing the PE to proceed.

Mr McCrudden said there were originally three accused in this case.

“One of the defendants (Kevin Conway) was murdered this year at his bail address,” he said, asking that Cotter’s bail address be amended but didn’t want to reveal the new address in open court. I have spoken to police who are in agreement that Mr Cotter changes his address.”

Ms Smyth said she wanted the case against her client to be mentioned only in three weeks primarily due to the ongoing Diplock trial and also permit her to read the papers.

“I could maybe identify a day that Mr O’Brien could be excused, at least for the morning part of the trial,” she said.

The District Judge granted the bail address change and adjourned both cases to see when O’Brien can be produced.

"I can see the papers in court are quite voluminous but that should hopefully allow time for them to be read. That will allow time for enquiries in front of Mr Justice Fowler as to when Mr O’Brien could be released for a short period for the PE,” he said.

Both cases were adjourned until May 10.