Views of the family of murdered Lurgan journalist Martin O'Hagan to be sought in case of man accused of defrauding them
A judge has asked that the views of the family of murdered journalist Martin O’Hagan are sought in the case against a man accused defrauding them.
Michael Kingsberry, aged 43, from The Maples, Sycamore Close, Doncaster, East Yorkshire did not appear before Craigavon Magistrates Court on Friday.
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He faces a single charge of fraud by false representation by dishonestly purporting to hold official documents with the intention to make a gain for himself or another or to cause loss to the family of Martin O'Hagan on August 15, 2019.
Mr O’Hagan (51), a journalist with the Sunday World, was murdered by the LVF as he walked home with his wife Marie from a pub in Lurgan on September 28, 2001.
The charge relates to a reward for information on the murder of Mr O’Hagan.
A barrister for Kingsberry, who was seeking an adjournment of the Preliminary Enquiry set for March 20, asked if District Judge Michael Ranaghan received a letter from his instructing solicitors.
He said they had written to the prosecution “as soon as we were made aware of this issue”. While the ‘issue’ was not revealed entirely in court, it is understood to be related to the defendant as a patient in a health facility.
"The directing officer had responded to say that any further adjournment is a matter for the court,” the barrister said, adding his client had been waiting three years for this case to be heard.
“He is very keen to engage,” said the barrister, pointing out the case has been “before the court for some time” and the defence had “never taken any issue or raised objections to delays”.
The barrister said this is “something which would benefit him”.
He said he wasn’t asking for a “straight adjournment” until the end of June but asked the court to give him to time to update the court on how the “placement is going”.
"Then the PE could proceed as soon as he’s out,” said the barrister.
District Judge Michael Ranaghan said: “Regarding the issue of leaving it in the hands of the court, I am not sure if that properly considers the family of the deceased who are the victims in this case. There’s no indication from the PPS that they have a view around that.”
The district judge said Kingsberry will be in either ‘The Arc or Green’s’. He asked: “Do the Arc or Green’s allow their patients to join proceedings, such as a court, remotely?”
The barrister said he had asked that but had no response regarding those enquiries.
District Judge Ranaghan said he wanted a response from those organisations as it might o bviate any need for an adjournment.
He suggested taking the matter to March 13 and asked if the directing officer would seek the views of Mr O’Hagan’s family.
The barrister asked for it to be extended to March 20 as there “are two separate bodies” to communicate with.
District Judge Ranaghan declined that suggestion but adjourned it to March 16 instead.
"Let’s consider the position that the defendant be produced to the link for a PE on March 20,” said the district judge adding if there are any submissions from the O'Hagan family the PPS could make them then.