A MAN who the RUC believes to be a leading republican was identified as one of the IRA gunmen who murdered two policemen in Lurgan last month, it was alleged in the High Court in Belfast yesterday.
Mr Colin Duffy (29), from Drumnamoe Gardens, Lurgan, who is charged with murdering Constables John Graham and David Johnston, applied for bail.
The application was opposed by a Crown lawyer who told Lord Justice Nicholson about the evidence of a woman who claimed to have witnessed the daylight killings at Church Walk on June 16th.
The lawyer said the woman, whom he referred to as Witness D, had made a statement to the RUC in which she said: "I saw one of the gunmen firing more shots into the policemen as they lay on the ground.
"The face of the gunman looked up in my direction and I recognised him as Collie Duffy and I know that he recognised me as well.
"I have known Collie Duffy for more than 10 years. I have no doubt that the person who fired the shots was Collie Duffy. His face has never left my mind."
The lawyer said the woman did not come forward immediately because she told the RUC she was terrified of Colin Duffy and those who ran around with him.
"Because of that the witness has been moved to a secret address and is being given police protection," said the lawyer. "She is the crucial witness and that is effectively the Crown case against the applicant."
The lawyer said the killings were obviously the work of the IRA and Mr Duffy was believed by the RUC to be a senior member of the organisation. If granted bail, it was believed he would not appear for trial and might commit further serious offences.
Mr Duffy's lawyer, Mr Arthur Harvey QC, attacked the credibility of Witness D. He said she had a notorious reputation in the area for being unreliable and a woman who was known to have made false allegations in the past.
"She is of limited intelligence and is regarded as exceptionally vulnerable," said Mr Harvey.
He said Mr Duffy's solicitor had been inundated with a large number of witnesses who said they had seen him in Kilwilkie at the time of the killings.
"There are other witnesses who say they had been with Witness D and she could not have seen the killings," said Mr Harvey.
He said the strength of the evidence fell at the lowest level and given the background of the Crown witness and the availability of sureties - a local priest and an aunt with a substantial sum representing her life savings - it was a case where bail could be granted.
Refusing bail, Lord Justice Nicholson said there was a prima-facie case against Mr Duffy and added: "The less said at this stage the better."
The judge added that the strength or weakness of the Crown case could be assessed at the preliminary inquiry and that was the time to consider whether or not it was appropriate to grant bail.