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| Version 1 | Version 2 |
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| Man cleared of murdering two soldiers at Massereene barracks | Man cleared of murdering two soldiers at Massereene barracks |
| (7 days later) | |
| The only man to be convicted of the Real IRA killing of two soldiers just hours before they were to be deployed to Afghanistan has been found not guilty in a retrial. | The only man to be convicted of the Real IRA killing of two soldiers just hours before they were to be deployed to Afghanistan has been found not guilty in a retrial. |
| Brian Shivers had been jailed for murdering the army engineers Mark Quinsey and Patrick Azimkar in what a judge described as a "ferocious and ruthless" gun attack outside Massereene barracks in Antrim Town four years ago. | Brian Shivers had been jailed for murdering the army engineers Mark Quinsey and Patrick Azimkar in what a judge described as a "ferocious and ruthless" gun attack outside Massereene barracks in Antrim Town four years ago. |
| But on Friday at Belfast crown court, Shivers was cleared of the murders. | But on Friday at Belfast crown court, Shivers was cleared of the murders. |
| Mr Justice Deeney said the prosection case against the 47-year-old Co Derry man rested on circumstantial evidence, namely DNA found on two matches and a phone in the Real IRA getaway car. The judge said he could not be sure that these items were not contaminated innocently by the defendant. | Mr Justice Deeney said the prosection case against the 47-year-old Co Derry man rested on circumstantial evidence, namely DNA found on two matches and a phone in the Real IRA getaway car. The judge said he could not be sure that these items were not contaminated innocently by the defendant. |
| "It could have been a quite innocent touching," he said. "And of course the transfer may have been secondary and not direct; shaking hands with someone who then handled the phone. | "It could have been a quite innocent touching," he said. "And of course the transfer may have been secondary and not direct; shaking hands with someone who then handled the phone. |
| "In the same regard, the DNA on the matches does indicate contact with the box of matches used by the person who did set fire to the vehicle on 7 March. But that contact with that object might have been an entirely innocent one." | "In the same regard, the DNA on the matches does indicate contact with the box of matches used by the person who did set fire to the vehicle on 7 March. But that contact with that object might have been an entirely innocent one." |
| He also put weight on the evidence given by Lisa Leacock, Shivers's fiancee, who gave him an alibi. | He also put weight on the evidence given by Lisa Leacock, Shivers's fiancee, who gave him an alibi. |
| The judge referred to Shivers's significant medical disability and his previous good character. He said these factors suggested he would be an unlikely associate for "this determined gang" to rely on. | The judge referred to Shivers's significant medical disability and his previous good character. He said these factors suggested he would be an unlikely associate for "this determined gang" to rely on. |
| Deeny said he had asked himself whether the prosecution had eliminated other possibilities than the guilt of the accused as it was obliged to do and whether he was satisfied beyond reasonable doubt of Shivers's guilt. | Deeny said he had asked himself whether the prosecution had eliminated other possibilities than the guilt of the accused as it was obliged to do and whether he was satisfied beyond reasonable doubt of Shivers's guilt. |
| He concluded that the answer to both questions was "clearly no" and found him not guilty. | He concluded that the answer to both questions was "clearly no" and found him not guilty. |
| Quinsey and Azimkar were the first soldiers to be murdered in Northern Ireland since the Provisional IRA's ceasefire in 1997. Friday's judgment means no one has been brought to justice for their murders. | Quinsey and Azimkar were the first soldiers to be murdered in Northern Ireland since the Provisional IRA's ceasefire in 1997. Friday's judgment means no one has been brought to justice for their murders. |
| The pair were killed as they went outside their base to collect pizzas they had ordered from a local fast food business. During the original trial CCTV footage was shown of the fatal shooting, with a Real IRA gunman spraying the two soldiers with automatic fire from an AK47 rifle. The two soldiers were wearing their desert fatigue uniforms in preparation for deployment with the 38 Engineer Regiment to Afghanistan. | The pair were killed as they went outside their base to collect pizzas they had ordered from a local fast food business. During the original trial CCTV footage was shown of the fatal shooting, with a Real IRA gunman spraying the two soldiers with automatic fire from an AK47 rifle. The two soldiers were wearing their desert fatigue uniforms in preparation for deployment with the 38 Engineer Regiment to Afghanistan. |
| Forty-eight hours later, the Continuity IRA shot dead Constable Stephen Carroll in Craigavon, Co Armagh. The two incidents marked a renewed upsurge in violence from dissident republicans opposed to the peace process and the power-sharing settlement at Stormont. | Forty-eight hours later, the Continuity IRA shot dead Constable Stephen Carroll in Craigavon, Co Armagh. The two incidents marked a renewed upsurge in violence from dissident republicans opposed to the peace process and the power-sharing settlement at Stormont. |
| Shivers's lawyer, Niall Murphy, spoke outside the court, stressing that his client was not celebrating. | Shivers's lawyer, Niall Murphy, spoke outside the court, stressing that his client was not celebrating. |
| He said: "It must be remembered that there are two families who are still grieving and there are several people who are still suffering from their injuries." | He said: "It must be remembered that there are two families who are still grieving and there are several people who are still suffering from their injuries." |
| Referring to Shivers's long-term illness, Murphy said his client had originally been sentenced to a life term of imprisonment, "which would have seen him die in prison". | Referring to Shivers's long-term illness, Murphy said his client had originally been sentenced to a life term of imprisonment, "which would have seen him die in prison". |
| The lawyer said the original conviction was overturned on a "narrow legal basis" and the information disclosed in the retrial "completely undermined the case against him". | The lawyer said the original conviction was overturned on a "narrow legal basis" and the information disclosed in the retrial "completely undermined the case against him". |
| Murphy added: "This failed prosecution – another failed prosecution – is a cautionary tale against the reliance upon tenuous scientific evidence in high-profile legal cases." | Murphy added: "This failed prosecution – another failed prosecution – is a cautionary tale against the reliance upon tenuous scientific evidence in high-profile legal cases." |
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