A case involving charges of perverting the course of justice in the Charlotte Murray murder has collapsed.
Last seen alive in 2012, Charlotte was later reported missing and enquiries led police to escalate this to a murder investigation.
Despite exhaustive searches her body has never been found.
In October 2019, a jury at Dungannon Crown Court unanimously found Charlotte’s former partner John Patrick Miller guilty of her murder.
His conviction was later upheld on appeal.
Then in an unexpected twist, a friend of the couple, Brian Ernest Barnard, of Currans Brae, Moy, appeared in court accused of three counts of making false statements to police in July 2013 as well as January and June 2018.
Members of Charlotte’s family, including her mother, attended the hearing at Dungannon Magistrates’ Court, although no details surrounding the circumstances of the allegations were disclosed at that time.
Barnard would .later be committed for trial at Dungannon Crown Court but the matter was heavily challenged by defence lawyers.
Over protracted legal proceedings they argued that it was wrong to use responses provided by Barnard under cross-examination during Miller’s trial, in which he admitted his evidence to PSNI investigators was incorrect.
After consideration, Judge Brian Sherrard ruled that evidence would be excluded from proceedings against Barnard as he had not been informed in advance that answering the questions in the manner he did could be prejudicial and held against him at a later date.
Prosecting counsel requested an adjournment to study the ruling and on return advised it would not be challenged.
As such it was accepted without that specific evidence the case could not continue and the charges could be left on the court books.
Judge Sherrard deemed the case “terminated” and freed Barnard of all bail conditions previously imposed.
When convicted Miller gasped in disbelief as the verdict was read out, before leaning forward in the dock and placing his face in his hands.
Throughout cross-examination Miller, previously of Redford Park, Dungannon, denied killing Charlotte (34) on a date between 30 October and 1 November, 2012.
She disappeared from the house they shared in Roxborough Heights, Moy, leaving behind her dog Bella, and a Peugeot car which he later sold.
He maintained Charlotte was still alive, that he never killed her, and he hoped she would some day, “walk in the door and say sorry for all this”.
After four weeks of evidence, the judge Mr Justice Fowler KC recapped both the prosecution and defence cases, describing events from Charlotte’s last known movements.
He told the jury of eight men and four women the evidence had to convince them of three matters, that being that Charlotte Murray was dead; the second that Miller killed her and the third, at the time of the killing, he either intended to kill her, or intended, at the very least to cause her really serious harm.
The jury took just over three hours to reach a unanimous guilty verdict.
Members of both families were seated in the public gallery, having attended every day of the trial.
Charlotte’s mother and twin sister wept silently and were comforted by family and friends, while others briefly broke out in applause.
Miller’s parents and sister appeared stunned.
Judge Fowler told Miller, now visibly shaking and crying: “You have been found guilty of murder and the only sentence is life imprisonment. You will be remanded in custody.”
The same day, it emerged police had decided to drain a flooded quarry in Benburb in the hope of finding Charlotte’s remains.
While this operation went ahead and lasted a number of days, nothing was found.
Charlotte’s grieving family have consistently called on Miller to “do the right thing” and tell them what became of her body so they can lay her to rest.
