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Brian Shivers guilty of Massereene soldiers' killings Brian Shivers guilty of Massereene soldiers' killings
(40 minutes later)
One of the men accused of murdering two soldiers at Massereene Barracks in Antrim has been found guilty on all charges and sentenced to life in prison.One of the men accused of murdering two soldiers at Massereene Barracks in Antrim has been found guilty on all charges and sentenced to life in prison.
Brian Shivers, 46, from Magherafelt was convicted of the murders of Mark Quinsey, 23, and Patrick Azimkar, 21.Brian Shivers, 46, from Magherafelt was convicted of the murders of Mark Quinsey, 23, and Patrick Azimkar, 21.
The soldiers were shot dead as they collected pizza in March 2009.The soldiers were shot dead as they collected pizza in March 2009.
Shivers' co-accused, Colin Duffy, 44, from Lurgan was earlier acquitted of murdering the two soldiers.Shivers' co-accused, Colin Duffy, 44, from Lurgan was earlier acquitted of murdering the two soldiers.
Shivers was also found guilty of six counts of attempted murder and one of possession of two firearms and ammunition with intent to endanger life.Shivers was also found guilty of six counts of attempted murder and one of possession of two firearms and ammunition with intent to endanger life.
Mr Duffy faced the same charges and was acquitted on all of them.Mr Duffy faced the same charges and was acquitted on all of them.
In his judgement on Brian Shivers, Judge Anthony Hart drew attention to Shivers' role in attempting to dispose of the getaway car used in the murders.In his judgement on Brian Shivers, Judge Anthony Hart drew attention to Shivers' role in attempting to dispose of the getaway car used in the murders.
He said there could be no doubt that the person who set fire to the Cavalier played an essential part in the murderous attack because by setting fire to the car they were trying to destroy it, and so destroy any evidence that might lead to the arrest of those involved.He said there could be no doubt that the person who set fire to the Cavalier played an essential part in the murderous attack because by setting fire to the car they were trying to destroy it, and so destroy any evidence that might lead to the arrest of those involved.
He said that he was satisfied that Shivers' DNA was found on the two matches found on the back seat of the Cavalier, and that those matches were used to set fire to the car before all those present left the scene.He said that he was satisfied that Shivers' DNA was found on the two matches found on the back seat of the Cavalier, and that those matches were used to set fire to the car before all those present left the scene.
He also said that Shivers had lied about his whereabouts and actions on the night of the murders.He also said that Shivers had lied about his whereabouts and actions on the night of the murders.
Judge Hart concluded: "I am satisfied that the prosecution has proved beyond reasonable doubt that Shivers set fire to the Cavalier at Ranaghan Road and I therefore find him guilty on each count on the indictment."Judge Hart concluded: "I am satisfied that the prosecution has proved beyond reasonable doubt that Shivers set fire to the Cavalier at Ranaghan Road and I therefore find him guilty on each count on the indictment."
InsufficientInsufficient
Acquitting Colin Duffy, Judge Hart told Antrim Crown Court that he was satisfied that Mr Duffy's DNA was found on a latex glove tip inside the car and on a seat buckle but he said the prosecution had failed to link the defendant to the murder plot.Acquitting Colin Duffy, Judge Hart told Antrim Crown Court that he was satisfied that Mr Duffy's DNA was found on a latex glove tip inside the car and on a seat buckle but he said the prosecution had failed to link the defendant to the murder plot.
He said: "There must be strong suspicion that Duffy did know what was going to happen and that that is why he has refused to give evidence.He said: "There must be strong suspicion that Duffy did know what was going to happen and that that is why he has refused to give evidence.
"However, suspicion, no matter how strong, is not sufficient by itself to establish guilt beyond reasonable doubt, and is not an acceptable substitute for facts from which guilt can be properly proved."However, suspicion, no matter how strong, is not sufficient by itself to establish guilt beyond reasonable doubt, and is not an acceptable substitute for facts from which guilt can be properly proved.
"I consider that there is insufficient evidence to satisfy me beyond reasonable doubt that whatever Mr Duffy may have done when he wore the latex glove, or touched the seatbelt buckle, meant that he was preparing the car in some way for this murderous attack."I consider that there is insufficient evidence to satisfy me beyond reasonable doubt that whatever Mr Duffy may have done when he wore the latex glove, or touched the seatbelt buckle, meant that he was preparing the car in some way for this murderous attack.
"And I therefore find him not guilty.""And I therefore find him not guilty."
Colin Duffy has been cleared of murder before.Colin Duffy has been cleared of murder before.
In 1996, the Court of Appeal quashed a conviction and life sentence for shooting dead a former UDR soldier John Lyness.In 1996, the Court of Appeal quashed a conviction and life sentence for shooting dead a former UDR soldier John Lyness.
A year later, the Lurgan republican had charges of murdering two policemen, David Johnston and John Graham, dropped after the Director of Public Prosecutions said the evidence was insufficient to afford the prospect of a conviction.A year later, the Lurgan republican had charges of murdering two policemen, David Johnston and John Graham, dropped after the Director of Public Prosecutions said the evidence was insufficient to afford the prospect of a conviction.
Police intelligence information aired at the Rosemary Nelson Inquiry alleged he was a driving force in the north Armagh IRA.Police intelligence information aired at the Rosemary Nelson Inquiry alleged he was a driving force in the north Armagh IRA.
Mr Duffy has always denied this.Mr Duffy has always denied this.
He has long-claimed he is the victim of persecution.He has long-claimed he is the victim of persecution.
The soldiers were the first to be murdered in Northern Ireland since Lance Bombardier Stephen Restorick was killed by an IRA sniper in 1997.The soldiers were the first to be murdered in Northern Ireland since Lance Bombardier Stephen Restorick was killed by an IRA sniper in 1997.
Sappers Mark Quinsey, from Birmingham, and Patrick Azimkar, from London, had been due to travel to Afghanistan hours after they were they were murdered. Sappers Mark Quinsey, from Birmingham, and Patrick Azimkar, from London, had been due to travel to Afghanistan hours after they were murdered.
The dissident republican group, the Real IRA, claimed responsibility for the attack, which left several others injured.The dissident republican group, the Real IRA, claimed responsibility for the attack, which left several others injured.
The Real IRA was born out of a split in the mainstream Provisional IRA in October 1997, when the IRA's so-called quartermaster-general resigned over Sinn Fein's direction in the peace process.The Real IRA was born out of a split in the mainstream Provisional IRA in October 1997, when the IRA's so-called quartermaster-general resigned over Sinn Fein's direction in the peace process.
It carried out the worst single atrocity of over 30 years of violence in Northern Ireland when it bombed the County Tyrone town of Omagh, killing 29 people, in August 1998.It carried out the worst single atrocity of over 30 years of violence in Northern Ireland when it bombed the County Tyrone town of Omagh, killing 29 people, in August 1998.