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16/01/2013
Massereene Murders: Retrial Confirmed
Brian Shivers is to face a retrial, following the overturning of his convictions for murdering two British soldiers at Massereene barracks in 2009.
Northern Ireland's Court of Appeal has ordered the convictions against Shivers, 47, were unsafe.
Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot by the Real IRA as they went to collect a pizza delivery at the Antrim army base.
Crown barrister Terence Mooney said it still needed to be decided whether Shivers had known about the attack before it was carried out, and whether he was part of the wider murder conspiracy.
Shivers’s defence said if the same evidence was to be relied upon in a retrial it could call into question the integrity of the prosecution.
Lord Chief Justice Sir Declan Morgan said a retrial was in the interest of justice.
The Court said no finding had been made regarding when Shivers allegedly became aware of the murder plot and quashed the murder convictions.
Shivers, from Magherafelt, will also appeal convictions on six counts of attempted murder and one of possession of firearms and ammunition with intent to endanger life.
Last February, he was ordered to serve a minimum 25 years in prison for his part in the killings.
Colin Duffy, a 45-year-old republican from Lurgan in County Armagh, was tried along with Shivers and was acquitted of all charges, including the two murders.
Shivers had initially been found guilty of aiding and abetting by setting fire to the getaway car.
DNA analysis then linked him to matches found in the partially burnt-out Vauxhall Cavalier.
(IT)
Northern Ireland's Court of Appeal has ordered the convictions against Shivers, 47, were unsafe.
Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot by the Real IRA as they went to collect a pizza delivery at the Antrim army base.
Crown barrister Terence Mooney said it still needed to be decided whether Shivers had known about the attack before it was carried out, and whether he was part of the wider murder conspiracy.
Shivers’s defence said if the same evidence was to be relied upon in a retrial it could call into question the integrity of the prosecution.
Lord Chief Justice Sir Declan Morgan said a retrial was in the interest of justice.
The Court said no finding had been made regarding when Shivers allegedly became aware of the murder plot and quashed the murder convictions.
Shivers, from Magherafelt, will also appeal convictions on six counts of attempted murder and one of possession of firearms and ammunition with intent to endanger life.
Last February, he was ordered to serve a minimum 25 years in prison for his part in the killings.
Colin Duffy, a 45-year-old republican from Lurgan in County Armagh, was tried along with Shivers and was acquitted of all charges, including the two murders.
Shivers had initially been found guilty of aiding and abetting by setting fire to the getaway car.
DNA analysis then linked him to matches found in the partially burnt-out Vauxhall Cavalier.
(IT)
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