A 68-year-old Crossmaglen man accused of “bludgeoning” a lifelong friend – and neighbour – to death in an act described as “an extreme loss of control” has been refused bail.
Malachy Quinn, from Annaghmare Road, is accused of murdering 74-year-old Michael McConville in his home, where he lived alone, on June 15 this year.
Appearing before Newry Magistrates’ Court, via videolink from Maghaberry, Quinn’s defence counsel made a first application for bail – almost four months on from the alleged murder.
Quinn’s barrister outlined the defendant’s significant ill health and family connection to the area, as reasons to mitigate flight risk, before proffering a bail address in Newry – some 30 minutes from Crossmaglen.
The defence described it as “an ideal address”, however, a prosecution lawyer – objecting to bail – said this case centres around “the apparent bludgeoning to death of a 74-year-old neighbour with whom the defendant is alleged to have been friends with for perhaps some 40 years now”.
The prosecution alluded to the bail address being a vacant bungalow and that Quinn would be living in the property alone.
She continued: “The concerns in relation to the address are that the murder weapon is still outstanding, and the police are concerned that if the applicant is released, that there may be interference with the course of justice.
The court was also told that, whilst the scene at Annaghmare Road is screened and alarmed, it remains active, with further revisits likely as forensics progress.
She also told the court that “clothes captured on CCTV observations of Mr. Quinn approaching the deceased’s house, after he was last seen alive, are still outstanding”.
“This is the apparent senseless killing of a defenceless elderly man with whom he’s alleged to have been friends, and it would appear to be an extreme loss of control, and that, in my respectful submission, makes him a danger to the public.”
The prosecution concluded that there is a suggestion Quinn would interfere with witnesses.
Quinn’s barrister argued that his client’s brother, who does a lot of charity work, had agreed to reside with him to “assuage fears” of him living alone.
He also argued that “the defendant’s wife and himself would actually bring [Mr McConville] to hospital appointments in relation to underlying conditions…” as well as issues linked to falling, which “are important when I’m going through the issue of the strength of the evidence”.
He added: “There’s no evidence linking the defendant to the murder and that he used a weapon on his friend.
“There’s no silver bullet in relation to evidence saying that this defendant was responsible. There are significant issues over causation. There are significant issues over intent, premeditation, all the issues that surround a case in which murder is alleged.
“There are issues, from a defence perspective, in relation to the question: was a weapon used? From the defence perspective, it is very, very clear he did not use a weapon on his friend. That’s his case. That might be a reason why no weapon has been recovered – because there was no weapon actually used.
“How could we honestly say that there’s a substantial risk that he is going to interfere with witnesses….there were no witnesses on the night in question; there are no witnesses giving evidence that the defendant assaulted and used a weapon on the deceased, so I don’t understand what he was is going to actually interfere with and why.
“The height of the prosecution’s case is in relation to CCTV evidence that he’s been seen in a lane where he lives – where the defendant lives – at 8.40pm.”
District Judge Eamon King, in making judgement on the bail application, said: “The prosecution’s main concern is the interference with witnesses, or the investigation, and in particular, references have been made in relation to an alleged weapon and clothing that could, or could not, connect the defendant to the offence.
“The prosecution say both of those are outstanding, and that the defendant has failed to cooperate with the investigation in relation to those matters. On behalf of the defendant, it has been said that it’s moot whether or not a weapon was actually used in the murder of Michael McConville.
“This murder is the most serious offence in the criminal justice system. It attracts the highest penalty. It’s something that people will ask, why was this elderly man’s life ended in such circumstances on June 15, 2024?
“This is the first bail application on the part of the accused, and I’m going to refuse bail on the grounds that there is a possibility that he will interfere with the investigation.”
