Chloe Mitchell murder trial hit with further delay
By David Young, Press Association
The trial of the man accused of murdering Chloe Mitchell in Ballymena has been hit by a further delay.
A provisional trial start date of April 28 was vacated on Monday after the judge agreed to a defence application to allow time to commission fresh expert assessments of Brandon John Rainey’s mental health.
Mitchell, 21, was found dead in Ballymena days after going missing in June 2023.
Rainey, 29, whose address was given as HMP Maghaberry and who is formerly of James Street in Ballymena, has been charged with murdering Ms Mitchell and attempting to prevent the burial of her body. He pleaded not guilty to those charges at a hearing in 2024.
The case has been exempted from the ongoing barristers’ strike in Northern Ireland over legal aid fees.
It seems clear that a trial commencing on the 28th of April would not be viable or tenable at this stageMadam Justice McBride
Proceedings had already been delayed last month when Rainey and his legal representatives parted ways. He subsequently secured different representation.
His new barrister, Des Fahy KC provided an update to Judge Madam Justice McBride at a hearing in Belfast Crown Court on Monday morning.
He said he had completed a full review of the case papers and held a consultation meeting with Rainey.
“It is clear to me that there is an obvious mental health background in this case,” he said.
“I have therefore directed a number of medical reports be obtained.”
Fahy said he was seeking reports on Rainey from both a psychologist and a psychiatrist.
The barrister said the examination by the psychologist would happen first and it is scheduled for April 21.
The judge accepted the defence application for the reports to be commissioned and acknowledged the trial date would need to be pushed back.
“It seems clear that a trial commencing on the 28th of April would not be viable or tenable at this stage,” she said.
Prosecution barrister David Russell KC said he was not challenging Mr Fahy’s assessment that medical reports were required, but he expressed concerns around whether or not Rainey would engage with the experts and how the examinations would affect the timescale for the trial starting.
The judge said she had to balance the interests of the Mitchell family and the wider public for the case to be dealt with expeditiously against Rainey’s right to a fair trial.
She noted the case had been exempted from the industrial dispute and she said any medical experts who were commissioned should treat the work as a “priority”.
While formally vacating April 28 as the trial start date, the judge listed the next review hearing for that day.
She said she expected an update on the progress of the medical assessments during that hearing.