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25/05/2012
Murder Prisoner "Wrongly Convicted", Appeal Court Hears
A man who is in jail for the killing of two soldiers was wrongly convicted of murder, the Court of Appeal has heard.
Lawyers acting on behalf of terminally ill Brian Shivers, 46, are trying to overturn his conviction.
Shivers was told he would serve at least 25 years in prison for his part in the murders of Sappers Mark Quinsey (23) and Patrick Azimkar (21), both shot dead by the Real IRA in March 2009.
But Shivers's lawyer claimed that it was legally impossible for him to have been found guilty as the ruling was based on his conduct after the attack and could not prove actus reus – a criminal act.
Shivers was found guilty on the strength of DNA evidence linking him to a partially burnt-out getaway car used in the attack at Massereene Barracks.
Patrick O'Connor QC argued: "These were appalling offences which caused immense loss and suffering to the victims and families. Nothing we say can, nor is intended to, detract from that. The actus reus must be an act of aiding, abetting, counselling or procuring. The prosecution never suggested a single act which could amount to aiding, abetting, counselling or procuring."
Terence Mooney QC, prosecuting, responded: "Having said 'Yes, I will be there', that is an act as much as any other in the sequence that allowed the gunmen to escape."
Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Girvan, reserved judgment.
Sir Morgan said: "There are some delicate matters here that we want to look at very carefully."
(NE)
Lawyers acting on behalf of terminally ill Brian Shivers, 46, are trying to overturn his conviction.
Shivers was told he would serve at least 25 years in prison for his part in the murders of Sappers Mark Quinsey (23) and Patrick Azimkar (21), both shot dead by the Real IRA in March 2009.
But Shivers's lawyer claimed that it was legally impossible for him to have been found guilty as the ruling was based on his conduct after the attack and could not prove actus reus – a criminal act.
Shivers was found guilty on the strength of DNA evidence linking him to a partially burnt-out getaway car used in the attack at Massereene Barracks.
Patrick O'Connor QC argued: "These were appalling offences which caused immense loss and suffering to the victims and families. Nothing we say can, nor is intended to, detract from that. The actus reus must be an act of aiding, abetting, counselling or procuring. The prosecution never suggested a single act which could amount to aiding, abetting, counselling or procuring."
Terence Mooney QC, prosecuting, responded: "Having said 'Yes, I will be there', that is an act as much as any other in the sequence that allowed the gunmen to escape."
Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Girvan, reserved judgment.
Sir Morgan said: "There are some delicate matters here that we want to look at very carefully."
(NE)
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