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15/01/2013
Massereene Conviction Quashed
A man who was jailed for his part in the murder of two soldiers at Massereene Army base in Antrim has had his convictions overturned.
47-year-old Brian Shivers, from Magherafelt, has successfully challenged his convictions for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar in March 2009.
The soldiers were shot outside the barracks as they collected a pizza delivery.
The Court of Appeal has ruled the verdict was unsafe, and said that no finding was made on the point at which Shivers allegedly became aware of the murder plot.
He will remain in custody until the Public Prosecution Service decides whether to seek a retrial.
In February 2012, Shivers was sentenced to a minimum of 25 years in jail for his part in the attack.
He was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life.
Colin Duffy, a 45-year-old prominent republican from Lurgan in County Armagh, was tried along with Shivers, but was acquitted of all charges, including the two murders.
Shivers was originally found guilty as a secondary party who aided and abetted by burning out the getaway car.
He was able to be placed in the car at the time of the murder due to DNA analysis of the partially burned Vauxhall Cavalier used by the gunmen.
But Shivers's lawyers argued it was legally impossible for him to he convicted of murder because of a lack of a criminal act prior to the murder.
Lord Chief Justice Sir Declan Morgan said the issue was whether or not the court should conclude there was a common enterprise to which Shivers had agreed to carry out a shooting attack with intent to kill.
(IT/GK)
47-year-old Brian Shivers, from Magherafelt, has successfully challenged his convictions for the murders of Sappers Mark Quinsey, 23, and 21-year-old Patrick Azimkar in March 2009.
The soldiers were shot outside the barracks as they collected a pizza delivery.
The Court of Appeal has ruled the verdict was unsafe, and said that no finding was made on the point at which Shivers allegedly became aware of the murder plot.
He will remain in custody until the Public Prosecution Service decides whether to seek a retrial.
In February 2012, Shivers was sentenced to a minimum of 25 years in jail for his part in the attack.
He was also found guilty of six counts of attempted murder and one of possession of two firearms with intent to endanger life.
Colin Duffy, a 45-year-old prominent republican from Lurgan in County Armagh, was tried along with Shivers, but was acquitted of all charges, including the two murders.
Shivers was originally found guilty as a secondary party who aided and abetted by burning out the getaway car.
He was able to be placed in the car at the time of the murder due to DNA analysis of the partially burned Vauxhall Cavalier used by the gunmen.
But Shivers's lawyers argued it was legally impossible for him to he convicted of murder because of a lack of a criminal act prior to the murder.
Lord Chief Justice Sir Declan Morgan said the issue was whether or not the court should conclude there was a common enterprise to which Shivers had agreed to carry out a shooting attack with intent to kill.
(IT/GK)
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16 January 2013
Massereene Murders: Retrial Confirmed
Brian Shivers is to face a retrial, following the overturning of his convictions for murdering two British soldiers at Massereene barracks in 2009. Northern Ireland's Court of Appeal has ordered the convictions against Shivers, 47, were unsafe.
Massereene Murders: Retrial Confirmed
Brian Shivers is to face a retrial, following the overturning of his convictions for murdering two British soldiers at Massereene barracks in 2009. Northern Ireland's Court of Appeal has ordered the convictions against Shivers, 47, were unsafe.
20 January 2012
Shivers Guilty Of Massereene Murders
Two men accused of killing British soliders outside their Northern Ireland barracks in 2009 have appeared in court. During the high profile hearing, one was found guilty while the other was acquitted.
Shivers Guilty Of Massereene Murders
Two men accused of killing British soliders outside their Northern Ireland barracks in 2009 have appeared in court. During the high profile hearing, one was found guilty while the other was acquitted.
23 July 2009
Massereene Murders Accused In Court
A 44-year-old Maghera man has been formally charged with the murders of two soldiers and attempted murders of six others at a Ballymena court. Brian Shivers is accused of shooting dead Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, (pictured) at the Massereene Army Barracks, Antrim, in March this year.
Massereene Murders Accused In Court
A 44-year-old Maghera man has been formally charged with the murders of two soldiers and attempted murders of six others at a Ballymena court. Brian Shivers is accused of shooting dead Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, (pictured) at the Massereene Army Barracks, Antrim, in March this year.
03 May 2013
Shivers Acquitted Of Murders
Brian Shivers, who was originally convicted of the Real IRA murders of two soldiers at Massereene Barracks in 2009, has been acquitted at Belfast Crown Court today. The soldiers, Mark Quinsey, 23, and Patrick Azimkar, were shot bt the Real IRA as they collected pizza they had ordered.
Shivers Acquitted Of Murders
Brian Shivers, who was originally convicted of the Real IRA murders of two soldiers at Massereene Barracks in 2009, has been acquitted at Belfast Crown Court today. The soldiers, Mark Quinsey, 23, and Patrick Azimkar, were shot bt the Real IRA as they collected pizza they had ordered.
25 May 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.
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.
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