A Co Antrim man awaiting trial for murdering Chloe Mitchell today has now secured fresh legal representation, a court heard today.
Brandon John Rainey’s previous legal team walked away from the case last week stating that they had been “professionally compromised” and said the defendant had told them that he no longer wished them to represent him.
Rainey (29), of James Street, Ballymena, is currently awaiting trial and denies murdering the 21-year-old on June 3, 2023, and preventing the lawful burial of her remains.
The defendant was produced from custody to again attend the court proceedings while Ms Mitchell’s family and friends sat in the public gallery.
At Belfast Crown Court today, senior defence counsel Des Fahy KC told Madam Justice McBride that he has now come into the case to represent Rainey.
“I am here this morning, principally out of courtesy to the court, to inform the court that I have been recently instructed in the case as of yesterday (Thursday) and there is an application to transfer the legal aid certificate to my instructing solicitor (Phoenix Law),” said Mr Fahy.
“My position is that as of this morning I don’t have any papers. I was first approached yesterday (Thursday) and my instructing solicitor was instructed last Friday.
“I am out of courtesy letting you know that matters are in train and I have agreed to accept instructions. I understand that my solicitor will get receipt of the papers today (from the former solicitors). So those papers will be in transit today.”
With the trial listed to start after the Easter recess, Madam Justice McBride said there is an “urgency about this case proceeding” following representations by the Mitchell family that this case should be exempted from the strike and that was agreed by the Criminal Bar Association (CBA).
Mr Fahy replied: “I can tell you from The Bar that I will give this case my full attention once I have received the papers but as of yet I am not able to give you any indication how long that is going to take. I don’t have a sense of the extent of the papers.”
Senior prosecution counsel David Russell KC said he was grateful to Mr Fahy for the way he had outlined the defence position and said the case should be reviewed next Friday, March 27.
“Hopefully by then Mr Fahy will have been able to triage the papers and have some idea of where we are going,” added Mr Russell.
Madam Justice McBride said she was conscious the Easter was coming “and we need to get this case on as soon as possible after the Easter recess”.
The senior judge agreed to adjourn that matter until next Friday and said she expected to be addressed by Mr Fahy on a timeframe that he considered was necessary in taking the case forward.
Madam Justice McBride also agreed to transfer the legal aid certificate in the case from Ballymena-based James Ballentine & Son solicitors to Phoenix Law.
“I want to make it clear to the family who have attended today about the reasons which you obviously understand why this matter has not been able to proceed,” said Madam Justice McBride.
“But it is to be welcomed now that the defendant has engaged the services of a solicitor and senior counsel.
“Mr Fahy has given his commitment to the court to give this matter a priority and by next Friday hopefully we will be in a position to fix a date as to when this matter will proceed,” she added.
Chloe Mitchell’s remains were found days after she went missing. She was last seen alive on CCTV in Ballymena town centre in the early hours of June 3, 2023 and an extensive search operation was launched by the PSNI.
Detectives investigating her disappearance later launched a murder inquiry after human remains were discovered in the Co Antrim town.
This led officers to attend a flat in the James Street area of the town which prompted Rainey’s arrest.
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