Farmer denies playground shooting

A farmer accused of shooting a boy in a school playground declared his innocence today.

Fergus Cleary (aged 72) has been charged with unlawfully and maliciously wounding Darragh Somers in Co Fermanagh.

The child, then aged five, was left fighting for his life after being hit in the back of the head as he played at St Patrick's Primary School, Mullanaskea, in April 2005.

Surgeons carried out two major operations to remove a rifle bullet from his skull before he recovered and was released from hospital.

Cleary, of Ballydoolagh Road in Garvary, outside Enniskillen, spoke only once as he stood in the dock at Dungannon Crown Court today.

Asked how he pleaded, he replied: "Not guilty."

The accused - grey-haired, wearing glasses and dressed in a dark suit - listened as a defence lawyer confirmed he would be trying to have the case thrown out over the alleged delay in bringing it to trial.

Barrister Gary McHugh told the court his client's wife, who could have accounted for his movements on the day of the shooting, had died in the intervening period.

He said: "The incident occurred over two years ago and Mr Cleary was interviewed at a very early stage. The vast majority of the forensic analysis was completed within months.

"Mr Cleary's wife has since passed away. She was with him on the day the incident occurred and she's the only corroborative witness… yet the police decided not to interview her."

Mr McHugh stressed that his client was only returned for trial three weeks ago and claimed there was no obvious reason for the two-year hiatus.

He added: "There shall be an (abuse of process) application in respect of the undue delay in bringing the case and the detrimental effect of the death of the accused's wife."

Mr McHugh also said he would be attempting to have the case heard in another division.

Judge David McFarland told Cleary he was not in a position to fix a date for his trial to begin.

But he listed the case for September 20 in Omagh Crown Court to deal further with the issues raised by the defence.

The accused was released again on his own bail of £500 (€741.30).