Kevin Conway: 54-year-old accused of Lurgan man's murder in west Belfast to be released on bail

Mr Justice O’Hara held that 54-year-old Fergal Kane can be released from custody due to “question marks” in the case against him.

Mr Conway, 26, was shot multiple times at his flat at Rossnareen Park on January 9 this year.

He had been associated with a notorious crime organisation known as The Firm and was on bail for the murder of Shane Whitla in Lurgan, Co Armagh 12 months previously..

Police revealed he was gunned down just minutes after sending his partner a message to say he was relaxing at home on the PlayStation.

The killers are believed to have entered the property and opened fire with a shotgun and a pistol.

Kane and co-accused Aidan O’Keefe, 27, have been charged with the murder as part of an alleged joint enterprise.

Both men, whose addresses in Belfast cannot be reported, face a further count of possessing a firearm with intent to endanger life.

Neither of them is suspected of carrying out the shooting.

But detectives claim the pair travelled in convoy by van and car to the scene of the assassination.

They are allegedly connected by CCTV evidence, a vehicle tracking device and registration plate sightings on the night of the murder.

O’Keefe left the Royal Victoria Hospital earlier that evening and drove his Toyota Proace work van through a number of streets in the west of the city before linking up with Kane’s BMW car, according to the police case.

The vehicles were said to have parked up a short distance from the victim’s home before two masked men in dark clothing got out and walked towards the property.

Based on CCTV footage and GPRS tracking data, the van and car then left the area and split up.

Two suspected gunmen observed walking on foot in the neighbourhood after the shooting have yet to be caught.

Kane’s BMW was seized and forensically examined as part of the investigation.

Initial tests revealed three particles indicative of cartridge discharge residue were located in the car.

The court heard three men made a subsequent attempt to get rid of the work van but were chased off by plain-clothes police officers keeping the vehicle under observation.

As Kane mounted a renewed bid for bail, his legal team argued that he strenuously denied any involvement in the killing.

Defence counsel claimed the evidence was weak and raised issues about the health of his client.

Mr Justice O’Hara also examined forensic material as part of the application.

“I am persuaded that there are sufficient question marks about the Crown case against Mr Kane that bail should be granted,” the judge ruled.

“There are points in the events when the prosecution case appears to be based, at this stage at least, more on suspicion than actual evidence.”

He stressed that the same assessment does not necessarily apply to O’Keefe who is still in custody.

Kane was ordered to live at an undisclosed address and provide a £5,000 cash surety before his release.