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Real IRA murders: Brian Shivers has Massereene convictions quashed | |
(35 minutes later) | |
A man jailed for murdering two soldiers at Massereene Army base in Antrim has had his convictions quashed. | |
Brian Shivers, 47, from Magherafelt, challenged his convictions for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar in March 2009. | |
The victims were shot by the Real IRA as they collected pizza. | The victims were shot by the Real IRA as they collected pizza. |
On Tuesday, the Court of Appeal ruled the verdict was unsafe. | On Tuesday, the Court of Appeal ruled the verdict was unsafe. |
The court said that no finding was made on when Shivers allegedly became aware of the murder plot. | The court said that no finding was made on when Shivers allegedly became aware of the murder plot. |
Shivers will now remain in custody until the Public Prosecution Service decides whether to seek a retrial. | Shivers will now remain in custody until the Public Prosecution Service decides whether to seek a retrial. |
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. |
At that time, he was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life. | At that time, 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 republican from Lurgan, County Armagh, was acquitted of all charges, including the two murders. | His co-accused, Colin Duffy, a 45-year-old republican from Lurgan, County Armagh, was acquitted of all charges, including the two murders. |
Shivers, who suffers from cystic fibrosis, 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, 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 he convicted of murder because there was no actus reus, or criminal act, prior to the murder. | But Shivers' lawyers argued that it was legally impossible for him to he convicted of murder because there was no actus reus, or criminal act, prior to the murder. |
Lord Chief Justice Sir Declan Morgan said the trial judge had not dealt with the concept of a joint enterprise. | 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 Morgan 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," Sir Declan Morgan pointed out. |
"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. | 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. |
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." |
Counsel for the Public Prosecution Service is expected to confirm on Wednesday whether it is seeking fresh criminal proceedings. | Counsel for the Public Prosecution Service is expected to confirm on Wednesday whether it is seeking fresh criminal proceedings. |
Shivers, who maintained his innocence, appeared by prison video link to hear the outcome of his appeal. | Shivers, who maintained his innocence, appeared by prison video link to hear the outcome of his appeal. |
His lawyer said he was relieved by the verdict but expressed concerns about his health. | His lawyer said he was relieved by the verdict but expressed concerns about his health. |
The lawyer said: "This is an example of the justice system working, however, we are gravely concerned at our client's ongoing acute medical condition. | The lawyer 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." |
He added: "Mr Shivers looks forward to the end of this ordeal and hopes that this judgement is the first step towards that." | He added: "Mr Shivers looks forward to the end of this ordeal and hopes that this judgement is the first step towards that." |