IT expert on terror charges linked to PSNI data breach is released for a second time after court told he was 'stupefied' on medication

Christopher O’Kane was returned to custody for the suspected breach which occurred within hours of obtaining initial release on Tuesday.

But a judge ruled the 50-year-old can be bailed again after being told he showed no hostility towards security company staff who called at his home to install the monitoring device.

Mr Justice Humphreys warned: “This court will not tolerate breach of these conditions and I expect full compliance.”

O’Kane, of Main Street in Feeny, Co Londonderry, is accused of having a spreadsheet containing the names of every member of the PSNI. He faces charges of possessing two mobile phones for use in terrorism and documents likely to be useful to terrorists.

The data breach occurred on August 8, when personal information on all serving PSNI members and civilian staff was mistakenly published in response to a Freedom of Information request.

Details released included the surname and first initial of every employee, their rank or grade, and department. Home addresses were not revealed.

Days later it was confirmed that dissident republicans had accessed the information. O’Kane’s home was searched on August 18 as part of the police response. Prosecutors claimed he tried to conceal one phone, while a second mobile was located under a bedroom pillow.

Examinations established the spreadsheet had been sent to one of the devices by WhatsApp message and downloaded before the message was deleted. With the information still accessible offline, a Crown lawyer described O’Kane as someone highly efficient in technology who had allegedly tried to wipe his digital footprint.

Sections of the material sent to his phone were said to have been highlighted, including those featuring senior executive teams in the PSNI and officers based in the Londonderry area. Two other individual officers were also highlighted: one who had multiple dealings with O’Kane and another previously targeted in a dissident republican bomb attack.

Within hours of receiving the WhatsApp message, he allegedly accessed a website used to search for residential addresses.

Defence lawyers argued that O’Kane deleted the file and is no risk to any police officers. Barrister Joe Brolly described him as a “computer geek” who wrongly became a suspect just because of his affiliations to Irish republicanism.

The court heard O’Kane worked as an IT consultant and acted as administrator for websites run by Irish republican political grouping Saoradh and the Irish Republican Prisoners Welfare Association.

On Tuesday he was granted High Court bail under strict conditions, including a requirement for electronic monitoring. But he allegedly refused to comply with G4S staff who called out to fit the tag that night.

Disputing claims that O’Kane had been too drowsy or incoherent to cooperate, prosecution counsel argued instead that he was obstructive. “This is an attempt to mislead the court (about) what occurred at Mr O’Kane’s address,” she submitted.

However, Mr Brolly insisted the accused did not expect G4S to call out so late at night and had resumed his medication for a range of medical issues before going to bed.

“He was in a stupefied state when they arrived, he was monosyllabic,” the barrister contended. “He is absolutely willing to be tagged, it doesn’t make any sense otherwise.”

As O’Kane appeared remotely from custody, his partner gave evidence to explain that the medication had left him in a confused state.

Describing the events as unsatisfactory, Mr Justice Humphreys decided the defendant can be released again on bail. “I have heard from his partner that there was no hostility, abuse or outright non-compliance, but rather difficulties I’m prepared to accept were perhaps caused by the medication he takes,” the judge said.

Imposing the same conditions, he instructed O’Kane’s legal representative to provide confirmation once the electronic tag is fitted