‘Significant concerns’ have been raised after a withdrawal statement was made by the alleged victim of what began as car theft but now appears to have been a hijacking.
Last week, two men both of whom are on bail for unrelated matters, appeared in court on multiple charges
Ryan Lynch (31) from Edinburgh Park, Omagh and the co-accused who cannot currently be named for legal reasons relating to another case, are jointly charged with stealing a Volkswagen Golf valued at £5,000 and a wallet containing £400 from a male.
Lynch is also charged will possessing cocaine and cannabis.
The co-accused is charged with assaulting the male.
A police officer explained the complainant claimed to have met Lynch on 13 May in an Omagh casino.
There was a discussion and the two went outside to the complainant’s vehicle where Lynch allegedly took the keys and left.
Before doing so he instructed the complainant to speak to the co-accused.
The complainant added Lynch on Snapchat then called him before speaking to the coaccused who enquired, “Where have you been hiding?”
He was instructed to drive to the Millstone Restaurant and on arriving there, “The complainant alleges he was assaulted by (co-accused) who punched him to the face a number of times and thrown to the ground. The co-accused got into his vehicle and drove it away.”
Both men were interviewed and provided no comment responses although pre-prepared statements were submitted, denying all matters.
The co-accused advised he knew the complainant having previously sold him a vehicle for which money was owed and several promises were made to pay.
The defence disputed the charges contending the complainant accepted taking drugs on a number of occasions at the time and his evidence may not be credible.
“In addition the incident allegedly happened on 13 May but he didn’t contact police until four days later,” said the defence.
The officer explained Lynch is currently on bail for domestic violence matters while the co-accused has numerous offences on record and is “currently on High Court bail for attempted murder….he was on bail for both when this alleged offence occurred. An alleged assault and theft of a vehicle, in not dissimilar circumstances, is also with the PPS, in which (co-accused) collided with the car, assaulted the driver and stole the car. It was later found burnt out.”
Bail was refused for both men however the case was quickly re-listed for fresh applications at Omagh Magistrates Court after it emerged the complainant had made a withdrawal statement.
A prosecuting lawyer confirmed this however added, “CCTV has since been obtained which not only supports, but establishes the complainant’s original statement.”
She pointed out while both men are charged with theft and assault, “Having reviewed the footage it appears to be a hijacking. The provenance of the withdrawal statement raises significant concerns around how it came to light.”
District Judge Peter Magill responded, “Obviously when there is a situation like this it’s incumbent upon the PPS to investigate if there has been any intimidation or pressure brought to bear.”
The prosecution confirmed this is ongoing and the original investigation is continuing, “Regardless of whether the complainant wishes to proceed or not. The footage speaks for itself. The charges will not be withdrawn simply because of the withdrawal statement.”
The defence decided to hold-off on proceeding with bail applications at this stage and will revisit the matter on 10 June.
