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Massereene murders: Colin Duffy DNA evidence 'enough' Colin Duffy has case to answer says Massereene judge
(about 4 hours later)
There is no innocent explanation why Colin Duffy's DNA was found in the Massereene murders getaway car, the trial has been told. The judge in the trial of two men accused of murdering two soldiers at Massereene barracks has ruled that Colin Duffy has a case to answer.
Mr Duffy and Brian Shivers deny killing Sappers Patrick Azimkar and Mark Quinsey at the barracks in Antrim in March 2009.Mr Duffy and Brian Shivers deny killing Sappers Patrick Azimkar and Mark Quinsey at the barracks in Antrim in March 2009.
Mr Duffy's DNA was found on the tip of a latex glove and a seatbelt buckle in the alleged getaway car. Mr Duffy's barrister had argued there was insufficient evidence to convict his client.
A crown barrister said that showed he was a participant in the attack. However, Judge Mr Justice Anthony Hart refused the application
Terence Mooney QC said it could be inferred that Mr Duffy was involved and shared common intent to kill soldiers. "This is not a case where, at this stage, there is either no evidence against Duffy, nor is it the case where the prosecution evidence has been so discredited or is so intrinsically weak that it could not properly support a conviction," the judge said.
On Wednesday, the court was asked by Mr Duffy's defence team to dismiss the case against him due to lack of evidence. He said there was nothing to suggest that Mr Duffy had any "innocent contact" with the alleged getaway car where his DNA was found on the tip of a latex glove and the buckle of a seat-belt.
However, Mr Mooney argued there was enough to convict. The judge said Mr Duffy could have been involved in the murders through preparation of the car or helping after the attack.
The two soldiers were shot dead as they collected pizzas outside the base in Antrim in March 2009, the night before they were due to leave for Afghanistan. Earlier, a crown barrister said there was no innocent explanation why the DNA was found in the getaway car.
Terence Mooney QC said it showed the accused had been a participant in the attack.
He said it could be inferred that Mr Duffy was involved and shared common intent to kill soldiers.
The two soldiers were shot dead as they collected pizzas outside the base in Antrim, the night before they were due to leave for Afghanistan.
As well as the murder charges, Mr Duffy, 44, from Lurgan and Magherafelt man Mr Shivers, 46, both deny six charges of attempted murder and one of possession of guns and explosives.As well as the murder charges, Mr Duffy, 44, from Lurgan and Magherafelt man Mr Shivers, 46, both deny six charges of attempted murder and one of possession of guns and explosives.
The trial continues.The trial continues.