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Man convicted over Massereene barracks murders has conviction quashed Massereene barracks murder conviction quashed
(35 minutes later)
The only man convicted of killing two soldiers at a military base in Northern Ireland just hours before their redeployment to Afghanistan has had his conviction quashed.The only man convicted of killing two soldiers at a military base in Northern Ireland just hours before their redeployment to Afghanistan has had his conviction quashed.
Terminally ill Brian Shivers will remain in prison, however, until the Public Prosecution Service decides if it will press for a retrial into the Real IRA double murder outside Massereene Barracks in March 2009. The PPS could make that judgment within the next 24 hours. Terminally ill Brian Shivers will remain in prison, however, until the Public Prosecution Service (PPS) decides if it will press for a retrial into the Real IRA double murder outside Massereene barracks in March 2009. The PPS could make that judgment within the next 24 hours.
Shivers' conviction was deemed unsafe on Tuesday in the court of appeal in Belfast because no finding was made on when he allegedly became aware of the murder plot. Shivers's conviction was deemed unsafe on Tuesday in the court of appeal in Belfast because no finding was made on when he allegedly became aware of the murder plot.
The 47-year-old, from Magherafelt, County Londonderry, had used the court to challenge his conviction for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar. The two were shot dead while collecting pizza just hours before they were to be flown out of Northern Ireland to the mission in Afghanistan. Two pizza delivery men including a Polish national were also badly wounded in the Real IRA attack but survived. The 47-year-old, from Magherafelt, County Derry, had used the court to challenge his conviction for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar. The two were shot dead while collecting pizza just hours before they were to be flown out of Northern Ireland to the mission in Afghanistan. Two pizza delivery men including a Polish national were also badly wounded in the Real IRA attack but survived.
The soldiers' deaths marked an upsurge in armed dissident republican activity and they were the first members of the British armed forces killed by republicans since the 1997 Provisional IRA ceasefire.The soldiers' deaths marked an upsurge in armed dissident republican activity and they were the first members of the British armed forces killed by republicans since the 1997 Provisional IRA ceasefire.
Last February, Shivers was ordered to serve a minimum 25 years in prison for his part in the killings.Last February, Shivers was ordered to serve a minimum 25 years in prison for his part in the killings.
He was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life.He was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life.
His co-accused, Colin Duffy, a 45-year-old well known republican from Lurgan, Co Armagh, was acquitted of all charges, including the two murders.His co-accused, Colin Duffy, a 45-year-old well known republican from Lurgan, Co Armagh, was acquitted of all charges, including the two murders.
Shivers, who suffers from cystic fibrosis and has only a few years to live, 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 and has only a few years to live, was originally found guilty as a secondary party who aided and abetted by setting fire to the getaway car.
DNA analysis had established a link to matches found in the partially burnt-out Vauxhall Cavalier used by the gunmen.DNA analysis had established a link to matches found in the partially burnt-out Vauxhall Cavalier used by the gunmen.
But Shivers' 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.
Delivering the verdict Northern Ireland's lord chief justice, Sir Declan Morgan, said the trial judge had not dealt with the concept of a joint enterprise. Delivering the verdict, Northern Ireland's lord chief justice, Sir Declan Morgan, said the trial judge had not dealt with the concept of a joint enterprise.
"The issue for the court was whether it should be inferred that there was a common enterprise to which the appellant agreed prior to the attack to carry out a shooting attack with intent to kill," Sir Declan pointed out. "The issue for the court was whether it should be inferred that there was a common enterprise to which the appellant agreed prior to the attack to carry out a shooting attack with intent to kill," Morgan said.
"The learned trial judge made no finding on this issue.""The learned trial judge made no finding on this issue."
Sir Declan, sitting with Lord Justices Higgins and Girvan, held that the test applied by the trial judge required no knowledge of the attack until a rendezvous with the gunmen. Morgan, sitting with Lord Justices Higgins and Girvan, held that the test applied by the trial judge required no knowledge of the attack until a rendezvous with the gunmen.
On that basis he stated: "We do not accept that a person who provides assistance after a murder with full knowledge of what has happened thereby becomes guilty of murder.On that basis he stated: "We do not accept that a person who provides assistance after a murder with full knowledge of what has happened thereby becomes guilty of murder.
"There is no authority to support such a proposition. The learned trial judge made no findings as to when the appellant had the relevant knowledge.""There is no authority to support such a proposition. The learned trial judge made no findings as to when the appellant had the relevant knowledge."
He added: "We conclude, therefore, that the appeal must be allowed."He added: "We conclude, therefore, that the appeal must be allowed."
Shivers, who always maintained his innocence, appeared by videolink from Maghaberry top security prison to hear the outcome of his appeal. His lawyer said he was relieved by the verdict but expressed concerns about his health.Shivers, who always maintained his innocence, appeared by videolink from Maghaberry top security prison to hear the outcome of his appeal. His lawyer said he was relieved by the verdict but expressed concerns about his health.
Niall Murphy, of Kevin R Winters and Co, said: "This is example of the justice system working, however we are gravely concerned at our client's ongoing acute medical condition. Niall Murphy, of Kevin R Winters and Co, said: "This is an example of the justice system working, however we are gravely concerned at our client's ongoing acute medical condition.
"He has been admitted to hospital for 56 days across three separate admissions since the hearing of his appeal in May and he is routinely refused access to his medication."He has been admitted to hospital for 56 days across three separate admissions since the hearing of his appeal in May and he is routinely refused access to his medication.
"Mr Shivers has been through a terrible ordeal whereby he has been repeatedly assaulted/abused whilst in prison and in hospital where he is continuously under armed guard.""Mr Shivers has been through a terrible ordeal whereby he has been repeatedly assaulted/abused whilst in prison and in hospital where he is continuously under armed guard."