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Court orders retrial in Massereene barracks murders case Court orders retrial in Massereene barracks murders case
(25 days later)
A terminally ill man whose conviction for murdering two British soldiers was quashed on Tuesday should now face a retrial.A terminally ill man whose conviction for murdering two British soldiers was quashed on Tuesday should now face a retrial.
Northern Ireland's court of appeal ruled on Wednesday that Brian Shivers must be tried again in relation to the Real IRA double murder outside Massereene army base in March 2009.Northern Ireland's court of appeal ruled on Wednesday that Brian Shivers must be tried again in relation to the Real IRA double murder outside Massereene army base in March 2009.
Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot dead in March 2009 just before they were to be deployed in Afghanistan.Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot dead in March 2009 just before they were to be deployed in Afghanistan.
The three-judge court ruled in Belfast on Tuesday that convictions against Shivers, 47, were unsafe.The three-judge court ruled in Belfast on Tuesday that convictions against Shivers, 47, were unsafe.
But crown barrister Terence Mooney said Shivers still had a case to answer.But crown barrister Terence Mooney said Shivers still had a case to answer.
He told the three appeal court judges: "We submit it's in the interest of justice that you may order a new trial."He told the three appeal court judges: "We submit it's in the interest of justice that you may order a new trial."
Mooney said there was still a matter to be decided of whether Shivers, who was in court for the hearing, had foreknowledge of the attack and was part of the wider murder conspiracy.Mooney said there was still a matter to be decided of whether Shivers, who was in court for the hearing, had foreknowledge of the attack and was part of the wider murder conspiracy.
Counsel for the defence argued that as the appeal judge had rejected key elements of the original prosecution and trial, if the same evidence was to be relied upon in a retrial, as it undoubtedly would, then that could potentially call into question the integrity of the administration of justice.Counsel for the defence argued that as the appeal judge had rejected key elements of the original prosecution and trial, if the same evidence was to be relied upon in a retrial, as it undoubtedly would, then that could potentially call into question the integrity of the administration of justice.
However, after considering the submissions, the lord chief justice, Sir Declan Morgan, said a retrial was in the interests of justice.However, after considering the submissions, the lord chief justice, Sir Declan Morgan, said a retrial was in the interests of justice.
He said issues about the integrity of the evidence could be argued in front of the trial judge, who would be hearing the case in the absence of a jury or before another court.He said issues about the integrity of the evidence could be argued in front of the trial judge, who would be hearing the case in the absence of a jury or before another court.
On Tuesday, the court said the trial judge had made no finding about when Shivers, from Magherafelt, County Derry allegedly became aware of the murder plot and quashed the murder convictions.On Tuesday, the court said the trial judge had made no finding about when Shivers, from Magherafelt, County Derry allegedly became aware of the murder plot and quashed the murder convictions.
His appeal against additional convictions on six counts of attempted murder and one of possession of firearms and ammunition with intent to endanger life, was also allowed by the court of appeal.His appeal against additional convictions on six counts of attempted murder and one of possession of firearms and ammunition with intent to endanger life, was also allowed by the court of appeal.
Last February, Shivers was ordered to serve a minimum 25 years in prison over the killings. His co-accused, Colin Duffy, a 45-year-old republican from Lurgan, County Armagh, was acquitted of all charges, including the two murders.Last February, Shivers was ordered to serve a minimum 25 years in prison over the killings. His co-accused, Colin Duffy, a 45-year-old republican from Lurgan, County Armagh, was acquitted of all charges, including the two murders.
Shivers, who suffers from cystic fibrosis, was originally found guilty as a secondary party who aided and abetted by setting fire to the getaway car.Shivers, who suffers from cystic fibrosis, was originally found guilty as a secondary party who aided and abetted by setting fire to the getaway car.
DNA analysis established a link to matches found in the partially burnt-out Vauxhall Cavalier used by the gunmen.DNA analysis established a link to matches found in the partially burnt-out Vauxhall Cavalier used by the gunmen.
But Shivers's lawyers argued that it was legally impossible for him to be convicted of murder because there was no actus reus, or criminal act, prior to the murder.But Shivers's lawyers argued that it was legally impossible for him to be convicted of murder because there was no actus reus, or criminal act, prior to the murder.
Morgan said the trial judge had not dealt with the concept of a joint enterprise.Morgan said the trial judge had not dealt with the concept of a joint enterprise.
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