Man remanded in custody over 1979 murder of part-time soldier in Co Armagh

Independent

02-04-2025

A man has been remanded in custody after being charged with the murder of a part-time soldier in Northern Ireland more than 40 years ago.
Joseph James Porter, 64, a farmer and part-time soldier with the Ulster Defence Regiment, was shot dead in Mountnorris in June 1979.
James Donegan, 67, Bruce Manor, Arvagh, Co Cavan has been charged with the murder of Mr Porter between June 22 and June 25 1979, as well as possession of a firearm and ammunition with the intent to endanger life and membership of a proscribed organisation, the Provisional IRA,
Donegan had been extradited from the Republic of Ireland before appearing before Newry Magistrates' Court on Wednesday.
Donegan responded, 'I do', when asked if he understood the charges that had been read out to him.
A detective sergeant told the court they believe they can connect the accused to the charges,
An application for bail was opposed by the prosecution, who claimed a risk of the accused leaving the jurisdiction and fresh extradition proceedings having to be brought, delaying the trial.
The prosecutor said Mr Porter was shot dead in the early hours of Sunday June 24 1979, and was discovered at the entrance of his farm yard on Creggan Road, Mountnorris, while his house had been ransacked.
' Police believe he left his house voluntarily and was shot shortly after he went outside. It cannot be established if he was carrying his personal protection pistol at this point,' they said.
'Mr Porter's house was subsequently searched by the murderers who were almost certainly looking for his personal protection weapon or any other military weapons that he might have had in his home. His personal protection weapon was stolen, but he had no other military weapons in his house.
'Mr Porter lived alone and at the time of his death, he was a part-time member of the Ulster Defence Regiment. No one has been charged or convicted in relation to this murder.'
They said witnesses saw Mr Porter in a bar in Markethill on the evening of Saturday June 23 for around an hour, before his Land Rover was seen driving towards Creggan Road.
Later another witness in the area reported hearing two loud bangs, which they believe were gunshots at around 1am, while other witnesses also heard two shots and saw a car travelling at high speed.
'At 0930, Mr Porter's neighbour found him lying dead,' they added, saying a doctor concluded he had a fractured skull and had been dead for around six to eight hours.
They also told the court that the Armagh Guardian reported on Thursday June 28 a claim of responsibility for the murder by the Provisional IRA, and had said 'he was interrogated and executed because he was involved with the British war machine in Northern Ireland'.
The prosecutor said they opposed the bail application due to a 'risk of flight'.
'We understand that he has resided in the Republic of Ireland for a number of years, since in or around 1978, and therefore obviously he has significant links to the Republic of Ireland,' they said, contending he had 'firmly resisted' the extradition until the last minute and also cited potential for intimidation of witnesses.
A defence lawyer said Donegan had been on holiday in Portugal when he was contacted by An Garda Siochana before his arrest, and offered to be arrested at the airport on his return, and surrendered his passport.
He said an address in Crossmaglen, Co Armagh belonging to a friend of Donegan had been offered for bail, as well as a cash surety of £10,000 from a person present in court while a relative of the defendant had offered up the deeds of his home.
He also pointed out that in the event of a conviction, the maximum sentence is likely to be a two-year sentence due to legislation for Troubles' related offences, and said the defendant suffers from health difficulties and underwent bypass surgery during the course of the extradition proceedings in 2024.
'Nobody can say when this matter will come round to trial, and in terms of risks, where else would the defendant go – he doesn't have access to a passport, he doesn't have access to means to travel outside the jurisdiction,' he said.
District Judge Eamonn King said he had to balance whether or not the defendant can be released on bail subject to conditions to manage any risks.
'In the circumstances of this case, it has taken 45 years to get to this point. There have been issues over those years and it's only on conclusion on what took place in the Republic of Ireland that the defendant has made himself amenable to this court when his appeal against the extradition process was refused,' he said.
'In the circumstances, I am of the view that the defendant would be a flight risk and for that reason, bail is refused.'