Lurgan republican Colin Duffy has had a charge of attempted murder withdrawn although he is due in court to face other terror related charges.
Three men, including Duffy, are to appear in court later this week on charges arising from covert surveillance.
It is the Crown’s case that the trio were secretly recorded in December 2013 having a conversation close to Duffy’s Forest Glade home following a murder bid on police in the Ardoyne area of Belfast.
Duffy (49) and his co-accused Harry Fitzsimons (48) of no fixed abode and 55-year old Alex McCrory from Sliabh Dubh View in Belfast initially faced a total of ten charges arising mainly from both video and audio recordings.
All three faced a charge of attempting to murder members of the PSNI in the Ardoyne area of Belfast on December 5, 2013, after shots were fired at a police convoy travelling along the Crumlin Road.
Prior to all three entering their pleas to the terrorist-related offences, legal teams for each of the accused launched a ‘no bill’ application in a bid to have the charges withdrawn.
Mr Justice Colton gave his ruling on the ‘no bill’ application yesterday, and found that while there was evidence to charge both McCrory and Fitzsimons for attempted murder, there was insufficient evidence to proceed with the same charge against Duffy.
The senior judge also withdrew a charge all three faced of conspiring to murder members of the PSNI on a date between December 31, 2012 and December 16, 2013.
The Crown had argued that the conversations - where three men were recorded talking about the Ardoyne shooting, AK47s and future attacks on police - demonstrated a conspiracy to murder.
However, Judge Colton said that while the conversations demonstrated approval of and willingness to carry out such attacks, the evidence “lacks proof of the specific ingredients to make good this charge.”
Regarding a charge of the preparation of paramilitary acts - namely holding a meeting at Lurgan Park to discuss matters related to the acts of terrorism on December 6, 2013 - Judge Colton said he was satisfied there was sufficient evidence against all three to pursue the charge.
Judge Colton was also asked by the defendants’ legal teams to withdraw charges against all three of both directing terrorism between December 31, 2012 and December 16, 2013, and of belonging to a proscribed organisation - namely the IRA - on the same dates.
In yesterday’s ruling, the judge said each of the defendants demonstrated acts of directing terrorism.
Judge Colton told Belfast Crown Court it was his view that after reading the transcripts between the three men the day after the gun attack, there was sufficient evidence to support the claim “this was a meeting of three leading members of a terrorist organisation who were analysing the shortcomings from their perspective of the Ardoyne attack and discussing future operations by the organisation”.
Judge Colton however refused to withdraw the membership charge saying the “conversations suggest that the participants are active members of a dissident republican terrorist organisation”.
Meanwhile all three defendants are expected to appear at court this Thursday for their arraignment, where the remaining charges will be put to them and they will have to enter their pleas.