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John Proctor murder: Seamus Kearney convicted | John Proctor murder: Seamus Kearney convicted |
(35 minutes later) | |
A man has been given a life sentence for the murder of a 25-year-old police reservist in a hospital car park in Northern Ireland in September 1981. | |
John Proctor was murdered by the IRA at a County Londonderry hospital after visiting his newborn son. | |
Seamus Martin Kearney, 57, of Gorteade Road, Maghera, had denied murder and possessing an Armalite AR15 rifle. | Seamus Martin Kearney, 57, of Gorteade Road, Maghera, had denied murder and possessing an Armalite AR15 rifle. |
No tariff has been set on the life sentence but under the Good Friday Agreement he may serve two years. | No tariff has been set on the life sentence but under the Good Friday Agreement he may serve two years. |
Key evidence centred on a DNA sample found on a cigarette butt recovered from the scene at Magherafelt hospital at the time. | |
A review of the murder by the Historical Enquiries Team established that current techniques could extract a DNA profile from the cigarette end. | |
The sample was later matched to Kearney's DNA profile. | |
Mr Proctor was a member of the Royal Ulster Constabulary, the forerunner of the Police Service of Northern Ireland. | |
'Murderous intent' | |
A Belfast Crown Court judge said that in "all of the circumstances, I am satisfied beyond a reasonable doubt that the defendant had smoked the cigarette and having finished smoking it, discarded it at or about the time of the shooting". | |
The judge said it was abundantly clear that a number of individuals had murderous intent that evening. | |
Witnesses had described seeing a white Ford Escort car in the hospital car park with at least two men including one man with a rifle. | Witnesses had described seeing a white Ford Escort car in the hospital car park with at least two men including one man with a rifle. |
The car was found later that night on the Tobermore to Draperstown Road. | The car was found later that night on the Tobermore to Draperstown Road. |
The judge said: "They came armed to kill, and they executed their plan. | The judge said: "They came armed to kill, and they executed their plan. |
"The gunman was there to fire the weapon, the driver of the car was there to remove the gunman and the weapon from the scene, and any other occupant of the car would have been there to provide support for either the gunman, the driver, or both. | "The gunman was there to fire the weapon, the driver of the car was there to remove the gunman and the weapon from the scene, and any other occupant of the car would have been there to provide support for either the gunman, the driver, or both. |
"All the occupants of the car are guilty of murder." | "All the occupants of the car are guilty of murder." |
In December 1984, Kearney was jailed for the attempted murder of UDR soldiers, whose Land Rover came under fire, from the same AR15 rifle used to kill Constable Proctor, as it drove through Swatragh in the directon of Maghera in November 1982. |