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PPS says it will not oppose Martin McCauley's appeal against weapons conviction PPS will not oppose Martin McCauley's weapons appeal
(35 minutes later)
The Public Prosecution Service has said it will not oppose an appeal by a man convicted of possession of weapons after a so-called RUC shoot to kill incident in County Armagh.The Public Prosecution Service has said it will not oppose an appeal by a man convicted of possession of weapons after a so-called RUC shoot to kill incident in County Armagh.
Martin McCauley was seriously wounded and a teenager killed when police opened fire on a hayshed in 1982.Martin McCauley was seriously wounded and a teenager killed when police opened fire on a hayshed in 1982.
It later emerged that the security services had secretly recorded what happened.It later emerged that the security services had secretly recorded what happened.
The evidence was not made available to the court during his trial.The evidence was not made available to the court during his trial.
Police claimed Martin McCauley confronted them with a rifle at a hayshed 32 years ago.Police claimed Martin McCauley confronted them with a rifle at a hayshed 32 years ago.
He was seriously injured and Michael Tighe was killed when RUC officers opened fire.He was seriously injured and Michael Tighe was killed when RUC officers opened fire.
In 1985, Martin McCauley was convicted of possession of three rifles found inside the shed and given a two-year suspended sentence.In 1985, Martin McCauley was convicted of possession of three rifles found inside the shed and given a two-year suspended sentence.
He had insisted, he and Michael Tighe, had not been armed and that the police opened fire without warning.He had insisted, he and Michael Tighe, had not been armed and that the police opened fire without warning.
The police told the court that was not true.The police told the court that was not true.
Years after his conviction, it was revealed that MI5 had a listening device hidden inside the hayshed at the time of the shooting that recorded what happened.Years after his conviction, it was revealed that MI5 had a listening device hidden inside the hayshed at the time of the shooting that recorded what happened.
That recording could have re-established whether the police issued any warnings or made any reference to Mr McCauley being armed before they opened fire.That recording could have re-established whether the police issued any warnings or made any reference to Mr McCauley being armed before they opened fire.
The existence of the recording was not made known to the court at the time of his trial.The existence of the recording was not made known to the court at the time of his trial.
DestroyedDestroyed
Its existence was discovered by the former Deputy Chief Constable of Greater Manchester Police, Sir John Stalker, as part of his investigation into security force killings.Its existence was discovered by the former Deputy Chief Constable of Greater Manchester Police, Sir John Stalker, as part of his investigation into security force killings.
He also discovered that the recording was later destroyed.He also discovered that the recording was later destroyed.
Last year, the Criminal Cases Review Commission referred his case to the Court of Appeal, on the basis that potentially significant material had been withheld from the judge.Last year, the Criminal Cases Review Commission referred his case to the Court of Appeal, on the basis that potentially significant material had been withheld from the judge.
In a dramatic development on Wednesday, Gerald Simpson QC told the court he had been instructed to read a statement on behalf of the prosecution service.In a dramatic development on Wednesday, Gerald Simpson QC told the court he had been instructed to read a statement on behalf of the prosecution service.
It said material relevant to the decision to prosecute Mr McCauley was withheld from the director of public prosecutions at the time, from the court and from the defence in the trial.It said material relevant to the decision to prosecute Mr McCauley was withheld from the director of public prosecutions at the time, from the court and from the defence in the trial.
The statement said this served only to undermine public confidence in the criminal justice system and to bring it into disrepute.The statement said this served only to undermine public confidence in the criminal justice system and to bring it into disrepute.
The lawyer told the three Appeal Court judges that the prosecution service would not be making any submissions to uphold the conviction and invited them to exercise their discretion to quash it.The lawyer told the three Appeal Court judges that the prosecution service would not be making any submissions to uphold the conviction and invited them to exercise their discretion to quash it.
The judges will sit next week to decide whether to do so.The judges will sit next week to decide whether to do so.