Bid to halt murder trial rejected

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A judge has refused a defence bid to have the trial of a man accused of murdering Robert McCartney stopped.

Evidence of the three main witnesses was "not so poor and unsupported that I could not conceivably convict on the strength of it", he said.

Terence Davison, 51, of Stanfield Place, Belfast, denies murder.

Mr Davison is also accused of affray, as are James McCormick, 39, and Joseph Gerard Emmanuel Fitzpatrick, 47. They deny the charges.

Mr Fitzpatrick is further charged with an assault on another of Mr McCartney's friends.

Mr McCartney, 33, was beaten and stabbed to death outside a bar on 30 January 2005. Brendan Devine, a close friend of Mr McCartney, was also stabbed.

At Thursday's hearing at Belfast Crown Court, Mr Justice Gillen said in relation to the murder charge faced by Mr Davison, the evidence of a witness included a description of Mr McCartney's attacker "making swiping movements" with his arm which would be consistent with a stabbing motion.

"I am satisfied that this description of what might be described as a most unusual set of movements from a person who was clearly given to very violent actions if (witness) C is to be believed, taken together with the identification of Davison by C is not so poor, or unsupported, or the evidence so weak or discredited, that it could not conceivably support a guilty verdict."

He added: "There is evidence before me that Davison was a member of a group of men, at least one of whom was armed with a knife, who were observed to have a stick and bottles pursuing Mr Devine and Mr McCartney along Market Street.

"In all the circumstances therefore I refuse the application of all the defendants at this stage."

Following Mr Justice Gillen's decision, lawyers for all three men confirmed they would not be giving evidence on their own behalves and told the judge that each of them had been warned that a failure to do so would permit the judge to "draw such inferences" as he deemed appropriate.